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HomeMy WebLinkAboutZBA-01/02/1969 Southold TownBoarcl £Appeals SDUTHOLD, L. I., N. Telephone SO 5-9660 APPEAL BOARD MEMBERS Robert W. Gillisl~ie, Jr., Chairman Robert Bergen Charles gregoni% Jr. Serge Doyen, Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOA/{D OF APPEALS January 2, 1969 A regular meeting of the Seu~hold Town Board of Appeals was held at 7:30 P.M., Thursday, January 2, 1969, at the Town Hall, Southold, New York. There were present: Robert W. Gillispie, Jr., C~airman, Robert Bergen, Charles Grigonis, Jr.~ Serge Doyen, Jr.i Fred Hulse, Jr. 7:30 PZMJ (EjS.T.)~ upon application of Giraud W, & Georgette ~Campbell, 128 Hempstead Avenue~ Lynbrook, New York~ for-approval of access to private road in accordance with'the ~tate of New'York ToWn Law, Section 280A. .Location of property: private road off south side 'Bayview Road,' Southold~ New York, bounded north by private road, east by Airem Enterprises, south by Peconic Bay~ west~by S. Immardinoo Fee paid $5,00~ ~ne Chairman opened the hearing by reading the application for approval of access~ legal notice of hearing, affidavit attesting to its publicationin the official newspaper~ and notice to the applicant. THE'CHALRM2LN-: Is there anyone present who wishes to speak for this application? LEFFERTS P.'-EDEON, ATTORNEY: My name is Lefferts P~-Edson, I appear on behalf of the owners, Giraud W. & Georgette Campbell. As $outhold Town Board. Appeals -2- January 2,~ 1969 stated in ~he application, the Campbells own only this one lot~ ~iCh they retained at the time they sold the balance of the property which has ~eenknown as Takaposha'Shores. The subject property is a~ present under contract to be sold subject to obtaining this approva! of access. The right-off, ay is 50 feet wide extending toBayviewRoad. There are 4 existing occupied dwellings using this access at the present time~ THE CHAIRMA/~: (examining survey) It is 899.56 feet, I'll say 900 feet, from this parcel to the right-of-way owned by other owners, which is 1700~ to Main'Bayview Road. Did ~e not have a similar appli- cation for approval of access for this same road about 2 or 3 years ago? I believe at that timewe suggested the road be improved, which was done. But it was done improperly,~ the road has since become impassable. A fire truck or other 'emergency vehicle could not get down there. MR. HULSE: I wouldn't take my car down there right now. THE CHAIRMAN: This road was not fixed properlyl The topsoil should be scraped from the surface and then a couple inches of bank- run (a mixture of gravel & sand) should be added and smoothed out. I think when they fixed this road in the past all they did was fill in the holes with sand~ MRj ED$O~, ATTORNEY: I believe the Board is almost compelled to grant this application since this lot is held in single and separate ownership. THE CHAIRMAN: There is no question about that~ I realize approval should be granted,~ but the road must be fixed. At present it is impassable. ~MRJ TERR~,i BUILDING INSPECTOR: I was down there a few days ago~ The road is full of ruts and holes. It is definitely impassable~ THE CHAIRMAN: ~no owns the 1700 ftJ right-of-way to Main Bayview Road? ~HRj EPSON,' ATTORNEY: Airem Enterprises 'owns it. It is a common right-of-way used by all residents. THE CHAIRMAN: ~no paid for fiXing the road ~(under question for approval of access)~ Dr. Campbell? MR. EDSON~ ATTORNEY: Yes, Drl Campbell paid for 'fixing it several times. Southold Town Board~6f Appeals -3- January 2, 1969 THE CHAIRMAN: This road is 50 'ft, wide, so it would meet the requirement of width if the Town ever decided to take it ~over. Of course, it would not maet the other requirements in its present condition. We cannot approve access over this road in its present condition. ~no made the first application a few years ago? MR.-~TERRY,' BUI~.~LNG INSPECTOR: I don't know w~o made the first applications but I remember Benny Manaseck brouqht some papers in concerning it. I~m mot surer but I think the application was made about ten years ago. THE C~: What did Benny Manaseck have to. do with it? MR~ TERR~ BUILDLNG INSPECTOR: He sold the property to C~mpb, ell. THE CHAIP~A~: Does anyone live out there in the winter? MRs.' EDSONi~i ATTORNEY: Just the duck' hunters,i I believe Henry-Smith has a duck blind out there. THE CPL~v~N: The road must be improved before we can grant approval of access. How would you suggest improving it~ Mr. Terry? MRj TERRY, i BUILDING INSPECTOR: First of all~ the ruts and holes should be filled from Main BayviewRoad tothe bend~, then ~he entire road should be smoothed over with several inches of bankrun~ THE CHAIRbL%N: The road must be fixed accordingly so it will be passable for fire trucks~ ambulances~ and other emergency vehicles, Is there~anyone~else present who wishes to speak-for this application? (~here was no response. After investigation and inspection the Board finds that ~the applicant'~requestsapproval of access to one individual lot~in accordance with~the Etate of New York Town Law~'Se~tion 280A~ This lot is held in single and separate~wnershipj ~The BoRrd finds that thisroad must be improved if approval ~f access is to,granted. The holes and ruts~ from Main Bayview Road to the bendamust be filled~ and~hen several inches of bank-run must be smoothed over ~he entire road- The dimensions ~f the lot are 140 feet'on the private road and 125 feet in depth to Peconic Bmy~ being of suffi- cient area and comparable sr greater~than the ~rea of neighboring parcels which are separately owned. The right-Of--way on which this Southold Town Boarder Appeals -4- ~ January 24. 1969 lot ~is located has been in existence for at least tenyears. There are four other properties with dwellings located thereon using it. The right-of-way is 50 feet wide~ complying with Town development requirements, The Board finds-that strict application of the Ordinance 1will produce practical difficulties ~r~unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this propertyand in ~he same use district; and the variance does observe thespirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLV~ that Giraud Wo & Georgette Campbell~ 128 Hempstead Avenue~ Lynbr©ok~ New York, be GRANTED approval of access to private road in accordance with thelState of NewYork Town Law, Section 28~Ao This approval is granted on the condition that the ,own~rmake the required repairs and improvements, Such repairs and improvements ~will be subject to the approval of the Building Inspector. Locationof property: Road, South~ld~ New York. private road off south side Bayview Vote of the Board: Ayes:- Ail 7:45 PJMo ~E~S~T~)~ upon application of'~,~T~ Cassella Builders~ Inc.~ 504Walt~Whitman Road, Huntingt©n Station, New York,. for a special exception in'accordancewith the,Zoning~'Ordinance,~ Article '~FA~ Section 420-2c 'as it applies t$1Article IV~Section ~0Q-i~ for gasoline service station permit for~proposed Ma~tituck Shoppin~ Center. Location of property: north east corner of Factory Avenue~ and Route 25 ~ain Road)~ Mattituck. New York~ bounded north by land ~f proposed MattituCk ShoppingCenter, east by land of proposed Mattituck-Shopplng Center, south byMain ROad.~ west by Factory Avenue, ~Fee paid $5.00." The Chairman opened the hearing by reading the .application for special exception, legal notice of hearing, affidavit mttesting to its publication-i~ the official newspaper, and notice to the applicant° The,Chairman examined ~he blueprints for the proposed Mattituck Shopping'Center and then read the "Rules and Regulations for'Gasoline Service 'Stations." bio majer repair to be done in the .open. Southold Town Board~o~f Appeals --5- January 2~ 1969 2. Pumps~ lubricating and other devices shall be located at least fifty (50) feet from the line of any street or highwaY,~ right-of-way or property line. 31 All fuel oil or other s/milar substances shall be stored at least 15 fro distant from any street or lot lines. 4. No automobiles.~ or automobile parts~ dismantled or damaged vehicles and s/milar articles shall be stored in the openand no parking ©f vehicles other than those being serviced shall be permitted. 5. Signs to be in accord with Article IV~ Section 408 of the Building Zone Ordinance of the Town of Southoldl 6. All storage tanks shall be buried underground. 7~ No second hand or used 'vehicles to be sold on the premises without further special exception from the Board of Appeals. THE CHAIRMAN: I suppose a gasoline service station lease is one of the most valuable assets of any shopping center~ But in view cf the number of un-used gas stations there are in the Town~ perhaps you could use ~his area for additional parking space instead of a gas station? JACK DR/~f~m]~: Ho~ many closed gas stations are there in Mattituck? THE CHAIR/4~N: I don; t kn~w. M~ JACK DRISCOLL: Well~.I can answer that. There are twol One of them should have been Closed 20 years ag@~ and the ether one is in a bad iocatio~ right next to the railroad track. I think you will find ~at on Route 25 we have no closed gas stations. THE CHAI~R~N: Oh, yes, we hav~ some tight'here in Southold~ F~ JACK DRISCOLL: I am not talking ab~ut-$outhold~ I am talking about Mattituck~ I believe that a gas company would net build a service station unless they thought they were geing to do a good business~ THE CHAI~V~_N: Are you one of the applicants? MR¥ JACK DRISCOLL: NO.~. I ~n ~his property. to Cassetla Buildersj I am selling Southold Town Boar~f Appeals January 2, 1969 THE 'C!qA~: ~So, naturally you favor whatever they want? MR. JACK DRISCOLL: That is right. MRs. THOMAS JAMES CAES~: My name is Thomas ~James Cassella, I represent Cassella-Builders in this application. We have,enoug~ property to increase our parking ~ea 1with no problem, without ~eliminating the -gas station site~ We have ,enough landscaped area. If the Board would waive the 25% requirement by allowing us to go back an additional 40 feet we ,could easily pick up 140 more parking spaces. We ,now have parking for 387 cars, if we could pick up this additional 140 spaces then we would have parking for approximately 520 cars. THE CHAIRMAN: By going back an additional 40 feet here on this 80 ft~ buffer 'zone ~(referring to blueprint) you could increase your parking by 140 cars? MRj CASSELLA: That is right~ ~He explains how this can be done) ThereaSon for the gas station st~e is for two very import-ant reasons onmy behalf. We intend to spend about a million ~and m half dollars as far as mortgagesl A couple ~of ~ur mortgagors or lenders requested that we have a gas stationj The A&P for example ,requested a gas station t~ help the economy of the vicinity oft his area. THE CHAIRMAN: Is the A&P going to lease back from you? MR.~ C2~SSEVJ~: Yes~ we have 'a 43 year lease with the A~P. 15 year leas~ ,with four (4)~ 7 year options,, which is already ~executed and signed. ~ A THE CHAIRMAN: The A&P is asking yeu to have a.-gas station, is that correct? MR',~CAES~T,T,A: Yes~ they requested it on the grounds it would be an asset to their supermarket~ as well as the variety store, movie theater, and the baD~. THE CHAIRMAN: Do you know what bank it will b~? ~Rj CA~S~LA: We are negotiating with three banks at present. We have not yet decided. Federal Savings & ~Loan is one of them. As far. asmortgaging purposes areconce~ned we stand in a far ~etter positi~nbyhaving a major oil company, Themore t~iple~A rated tenants we get the better our mortgaging factor will be. Southold Town Board of Appealsn -7- January 2,~ 1969 THE CHAIRMAN: Did you sa-y that this was ~one of the largest A&P stores ever built? -MR~.CASSEL?~: It is 21,580,~sq. fto~ the largest ever built-in the Etate of New York. ~ THE CHAIRMAN: You also have plans for a-varietystore? MRS- CA$SELLA: Yes~ a variety store~ a.theater',~ a post office, several retail stores~ and we have three ;downtown ~Mattituck merchants interested in relocating. MRS.- EUGSTER (a spectator): How large is the theater going to be? MR. CASSELLA: The theater will seat approximately 35'0 persons. I think we have a-good working plan here~ I think it is going to be a boost 'to the community as well as ~a tax asset to the homeowners~ it will reduce the tax burden on their part. THE CHAIRMAN: Mr.~Driscoll~ how is this propertypresently being taxed~.'as residential property? MR% DRISCOLL: No~ I am presently being taxed for vacant business property. THE CHAIRMAN: Well,. these blueprints look like they would meet the requirements for service stations. ~What'hours will this station be open? M~. CASSELLA: I believe it will be-open in conjunction with the other stores. MRJ DRISCOLL: I think the A&Pwill more or less control the hourse MRS- TERRY~' BUILDING I~SPECTOR: Yes, I agree, .MR.' CAS~ELLA: Now, I have one additional 'problem to cope with, In order~ for me to submit my bid to ~the -post office~ before January 10, I must submit a separate survey showing the exa~t location of the prOPosed usuage by the post office. I really cannot do that until the Board decides or approves the additional parking so that~we can amend the-existing plans. I may push the buildings back and add the additional parking ~to 'the front or we may add the additional parking to the back and keep the post office, where it is. Of course-this will have to be plotted on a drawing board, but however we decide-to do it I will have to come back and get'~a-q~ick approval from the Board of Appealsl Southold Town Board~J0f Appeals '~ J~nuary 2~ 1969 THE CHAIRMAn: I don't think you need our approval because this plot planhas been approved by the PlanningBo~d. I don't thinkwe are involved with the post ~ffice bid at all. MR,-C~SSELLA: I'm sorry,,. I thought we were discuss/rig the other application for parking-facilities. THE CHAIRMAn,: No~ the only'way we came onto.thissubject was whether or not you would consider eliminating the gas station and using the s~ace for additional parking~ but you have developed the reasons why y~u ~meedthe gas statien. Are there any other--questions the Board ~ould like to ask Mr. Cassella? If not, I-would be glad to hear from anyone who objects to this application, MR~ PETER Jj WARREN: Myname is Peter J~ Warren, Laurel,. NJYj I object mainly because there are ample gas stations in Mattituck. I operate a service station in Laurel about ½ mile west of this proposed shopping center. Another service station inthe area w.ould create a hardship for me. Not so much in the summer months~ but very surely during the rest of the year. MRSj EUGSTER (a spectator): Yes~ it would create a hardship for this man' THE CHAIRMAN: Which service stationdo you operate? MR.' PETER Jj WARREN: North Fork Shell° I am not against the shopping center, I am just against another service stationin the area. THE'CHAIRF~: All right~ I understand. IS-there anyone else Who objects'? MRSj EUGSTER (a spectator)~: Yes~ I objectl . I wasveryglad to see Mr. Warren spen his Service station. Before he ~id so I had to go ali the way to Jamesport to get gas after 6 o'clock-in the ~evenin~. THE CHAIrmAN: Is there anyone else who wishes to speak against this application? Anymembers of ~the Board wish to spea~? (There was no response. ) After investigation and inspection the Board finds that the applicant requests approval for gas station site. Applicant requests this approval in connection with the construction 'of the 9.3 acre Southold Town Board c~Appeals~ -9- --' January 2~ 1969 shopping centerlocated on the 'N/E corner of Factory 'Avenue-'and Route 25 (,Main Road), Mattituck, New York~ consisting of a major- supermarket, variety Store, movie theater~ bank~ proposed U.S. post office, and 14 retail mer~hantile stores. ~They anticipate a high density of concentration of shoppers. By having a service station affiliated to their shopping center, they can afford the local shopper's, and the surrounding communities a complete shopping service. The Board finds that this service station must be subject to the Rules & Regulations for service stations. The Board finds that strict application of the-Ordinance,will produce practical difficulties or unnecessary hardship; the property in question meets the requirements for a gasoline service station and will not ~a'ange ~ depreciate, or affect the properties in the immediate,vicinity of this property and in the same.use district~ and the variance does ~bserve the-spirit of the~'Ordinanceand will not change the .characte~ of ~he district. On motion by. Fir. Gillispie, seconded by Mr, .Doyen, it was RESOLVED that Cassella Builders, Inc,, 504 Walt Whitman Road, HuntingtonSta-tion~ New York~ be GR~NTED approval of gas station site as applied for ~n proper'ty located on the north east corner of Factory Avenue and Route 25 ~!ain~Road)~Ma-ttituck, New York. This approval is granted subject to the Rules & Regulations for gas©line service stations. Vote of the B@ard: Ayes,: Mr. Gillispie~ Mr. Doyen, Mr~ Grigonis Mr. Bergen disqualified himself - he was not' present during ~he .hearing. Opposed: Mr. Hulseo 8:00 P.M.' ~E~SjTj), upon application of~M.~Tj Cassella 'Bu~iders~ lnCo~ 504~alt~Whitman Road~ Huntington Station~ New York, for a variance in accordance with the Zoning 'Ordinanc~Article-IV, Section 440-6 as it'applies to Article IV, Section 400-1~- for reduction in landscapearea-and increase ~in parking areafor proposed Mattituck Shopping Center. Locati©n of pr@perry: north east corner olfactory Avenue ~andRoute 25 i(~ain"Road),.MattituCk, New York,~ bounded north byBethanyCemetery Ass~c.~ eas~ by'Bethany Cemtery ~ssoc.~ south by Main Road,. west byFact0ry.Avenue. Fee paid $5,00. The Chairman ~pened the hearing by reading the application for variance~ legal n~tice ~f hearing~ affidavit attesting to its publication in the official newspaper~, and n~tice to the applic~ TheChairman requested Mr. Cassella t~ ~unend sections 2 & 3 ~f the application to read as follows: SOuthold Town Board ~f Appeals January 24 1969 2. The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property and in this use district because there is no other shopping center near this area. 3. The variancewould observe ,the spirit of the Ordinance and would not 'change the character of the district because: same as item 2. THE CHAIRFan/q: This application concerns a 25% reduction in landscaped area to be used for additional parking space. If granted applicant seeks to gain an additional 150 to 250 parking spaces. Is there anyone present who wishes ts speak for-this application? MRj JACK DRISCOLL: I believe it is very important to have more 'parking for this shopping center~ not only for now~ but for 'its future needs. THE CHAIP~M3~N: Then you are for this application~ is that correct? MR%- DRISCOLL: YesE Sir, THE CHAIRMAN: Anyone else wish to speak for this applicationa Cassella? MRj CASSELLA: I repeat my reason for'application. It is necessary to have-this additional parking to avoid congestion of parking on public streets. THE C~L~IREA~: Is there any relationship between your lenders and this application? ~R, CASSELLA: Yes~ basically~ the more parking space the more acceptable it is to the lenders. The basic 'ratio of the numberof cars to each acre is 60. THE CHAIRMAn: In other words~ if you have 9~3 acres~ you should have parking for 540 cars. MR%- CASSELLA: Right, This is the bankappraisor's basic trend of fig%tring. THE CHAIRMAN: Mr. Terry~ are you f~miliar with any of these formulas ? M~%~ TERR~i BU~TL~ING 'I5~SPECTOR: Well~ actually every town is different. I think you should refer to the,informal meeting they had with the Planning Board. THE CHAIRMAN: It is my impression that they were generally Southold Town Board <~Appeals -11 ..... January 2~ 1969 favorable. After some discussion they agreed that a variance application should be made to the Board of Appeals~ as was done. Anyone ~lse~wish to speak for this application? Are there any q~estions from'any members of the Board? I think it-should be pointed out that the area to the north west adjoining the proposed landscape-area is owned by the Bethany Cemetery Assoc~ Is there anyone who wishes to speak against this application? If not, I will offer a resolution to ~rant this appli- cation for reduction in landscaped area from 80~ to 40'. The Board took a vote which ended in a tie. Favorable: Fir. G'illispie,~~ ~ ~";$ Adverse.: Mr.~ Doyen~ Mr. Hulse THE CHAIRMAN: We could reconsider it at a later date. But I think it should be pertinent'for the members-who voted against this application to express their reasons for disapproval~ so we can determine whether ornot there should be another hearing. MRj DOYEN: At the present time the Planning Board requires 25% of the area to De in landscaping. This is stated in their Rules & Regulations. If they are favorable towards this applicationl why then did they not ~uend their Rules &~Regulations ? I think the applicant is planning ahead too far. MR. HULSE: I agree~ no hardship has been shown. MRj CASSELLA: Through past experience in my dealings with the planning 'and building of other shopping centers we have learned that 'you can never have too much parking area. The present area in our plans that we have alloted for parkingwiI1 beobselete within a year'. Even if you grant usthis additional parking it will become obsele~e as the growth of Mattituck 'increases. For instance~ I live directly across from the Walt Whitman Shopping 'Center in Huntington. They do not have enough parking for their present needs. The cars are parked on public streets within a 500 ft. radiusof the~shopping center~ They even block my driveway frequently. The ratio of cars to an acre in Huntington Town is presently 60~ They are now going to increase it t~ 80 cars to an acre. THE CHAIR_~AN: I would like ts offer a resoltion that the Board reconsider this application at this timel Is there anyone present who wishes to speak for or against this application? (There was no responses) After investigation and inspection the Board finds that the applicant requests a reduction in landscaped area and increase in Southold Town Board 6zCAppeals --12- ~- January 2, 19619 parking area for proposed Mattituck Shopping Center~ in accordance with the Zoning ~Ordinance, Article'IV, Section 440-6 as it applies to Article Iv, Section400-1. The Boardfinds that-the present-parking layout of the~roposed shoppingcenter may be obselete due to the present population, grow. th, and summer tourists. The ~Shopping Center layout will presently accomodate 387 cars'as~required by the Town Ordinance. If the~Ordinance ~can be .a~ended ~y the Board~ applicant would seek to gain 150 to 250 additional parking spaces~ Therefore alleviating any possibility of inadequate parking, and avoiding any congested parking on the publicstreets. A pe.r~meter reduction of 40 ft. on the northerly property line is requested. The Board finds that strict application of theOrdinancewill produce practical difficulties or unnecessary hardship; the hardship created is uniqueand would not be shared by all properties alike in the immediate vicinityof this propertyand in the same 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. Grigonis~ it was RESOLVED that-Cassella Builders, I~c.~ 504 Walt WhitmanRoad, Huntington'Station~ New York, be GRANTED a reduction in landscape area ~nd increase tn parking'~area as applied for on property located on north east cornerofFactory Avenue & Route 25 (Main Road),. Mattituck~ New York. Vote of the Board: Ayes:- Ail ~8:15 Pi'~' (E:S.~.') ~ upon application of Eastern Suffolk Nursing Home, ~ort~h Road~' Greenport,. New York,. for a ~ariance in accordance with ~the~Zoning~r'dinance,~ Airticle IV,~ Section 408a,1 and Article IVB, Section 441~ for permissidn to erect ground sign on-brick-wall with insufficient height 'above ground level. Location' of property: south side 'North Road~' Greenport,. NeW York,. bounded north by North Road,~ east by King Gr~enport Assoc., south by King .Greenport Assoc. ~ west by King Greenport Assoc. ~Fe~.paid. $5.~0-0. The Chairman openedthe hearing by reading the:application for variance, l~gal notice of hearing,~ affidavitattesting to its publication in the official newspaper, and ~notice to.the apPlicant. The'Chairman requested Mr. Frank Salamone, applicant~ to amend sections 2 & 3 Of application to r~ad as Southold Town Board Appeals -13- January 2~ 1969 2. The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property and in this use district becuase there is no other similarsituation in this area. 3. The variance would ob-serve the spitit of the-Ordinance and would not change the character of the districtbecause: same as item 2. Mr. Salamone consented to these amendments. THE CHAI~A/~: Is there anyone presentwho wishes to speak for this application? MR-~- SALAMONE: We have'only one.entrance and one ~xit ~to our facility'which is not properly identified at this time. We have only a temporary sign. THE CHAIRMA~I: You will take down this temporary sign? MRj S_~%I2~MO~NE: Yes, Sir, I will. The brick we plan to use in our proposed brick wall ~ill be in conjunction with the type of brick we have on our building. Then we will have a lantern on each pillar so that our facility can be properly identified after dark. THE CHAIRMAN: Are there any questions from the Board? anyone wish to speak against this application? (There was no response.) Does After investigation and inspection the Board finds that the applicant requests permission to erect ground sign on brick' wall with insufficientheight aboveg~ound level', in aCcordance with the Zoning Ordinance, Article Iv', Section 408a, and ArtiCle IVB, Section 4411 This applidation was discussed at an informal meeting of the Planning Board and the Board of Appeals %n December 9, 1968. 'BOth Boards mutually agreed that this would be ~he best way ~to keep in conjunction with the design of the building and the landscaping plan. The 'Board also reviewed the plans and drawings submitted by the applicant with the application. 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 immediatevicinity of this property and in the same use district; and the variance does observe the .spirit of the-Ordinance and will not change the character of the district. Southold Town Board Appeals --14- Jan~y 2, 1969 On motion by ~lr. Bergen~ seconded by Fir. Giilispie,. it was P~ESOLVED Eastern Suffolk Nursing Homej North Road~ Greenport, New York, be GRANTED pe~mission to erect ground sign on brick walI with insufficient height above ground level as applied for on property located on the south side North Road, Greenport, New York. Vote of the Board: Ayes:- All 8:30 P~M~ (E~.~.'), upon application ~fAnthony Ca~cich,. Young's Avenue~ Southotd~ New York~ for a variance in accordance with the Zoning'Ordinance{ Article iII~ Section 300Z Subsection 7~ for'per- mission to use m~dical office'for 'non-resident physician~. Location of property: south side Main Street~ Sou~hoid,. New York~ bounded north by Main Street~. east by IjPU Terry.,:~ south by SchoOl Property~ west by J. Charnews. The Chairman opened the hearing by~r~ading the application for variancea legal notice of hearing'~ affidavit attesting to its publication in the official newspaper~ and notice to the applicant. THE CHAIR/W3~N: Is there anyone present who wishes to speak for ~his application? Mr, Carcich,~ when did you purchase this building ? El- CARCICH: In Novenfoer* THE CHAIRMAN: You propose to put -two (2) doctors in this building. Will their office be up-stairs or down-stairs? MRs.- CARAClCH: Down-stairs~ THE CHAIR~L%N: What do you propose to do with the up-stairs? MRj CARClCH: I already have another family living up-stairs. THE CHAIRMAN: What is t~heir name? ~L~-~' CA/{CICH: Foster. THE CHAIRMAn: Where are these two doctors praeticing now? MR~j CARCICH: In Riverhead. THE CHAIRMALN: Are they going to move their office down here completely or are they going to operate two offices? Southold Town Board Appeals MR: CARC ICH: THE CHA~: MR.~ CARCICH: THE CHAIRMAN: -15- '~ January 2, 1969 Yes, One in Riverhead and one here. What are t/%ese doctors names? I don't know. You don't know their names, but theyare specialists in obsterics and gynecology~ all right. Central Suffolk Hospital? NR~' C~RCICH: THE CHAIRMAN: MR.' CARCIC~: THE CHAIRMAN: MRS' CARCICH: THE CHA IPcWL%N: Are they affiliated wi~h I don't know. I think so, What is the size of this lot? 75' frontage by 170' depth. How much parking do you have? Not much. One of the requirements for this is that you have adequate parking facilities. One of the difficulties here is putting 3 tenants on one (1) lot~ Another is that these doctors ~will not live on the property. It looks as though .your parking area is some what restricted. Does the Board have any questions ? MR% HULSE: Is there anything else paved besides the driveway? MR, CARCICH: No. MRS HULSE: Do you have .room to pave .anything else? Perhaps in the back near the garage? MR~ ~ARCICH: Not much,, just for a few cars. THE CHAIRMAN': Do both doctors plan to use the same office, or will they have 2 offices? They will both use the same office. Is there anyone wko wishes to speak against MR-.~ CARCICH: THE CHAIRMAN--. this application ? MRS-.' EUGSTER: Yes,i I object to a non resident-physician coming into a "A" Agricultural & Residential Zone~ THE CHAIRMAn: Does anyone wish to speak for this application? MR~ CARCICH: I think we need the doctors. Southold Town Board ~f Appeals -16- January 2~. 1969 THE CHAIRMAN: Yes,' I agree. Does the Boardhave any further questions? I would like to offer my objection on the grounds of inadequate parking facilities. Also, there is a requirement in the Ordinance which states that doctors must live in ~he building in which they intend to practice. MR. HULSE: We need the doctors. It is regrettable there is not more area. They need more parking space for 'patients. MR. DOYEN: I agree. MRJ GRIGONIS: I would like to see the doctors here, but there just is not enough parking area. THE CPiAIRMAN: I am in sympathy, but I don't ~think we can legally grant this application.. Is there anyone elsewho wishes to speak for this application? (~here was no response.) After investigation and inspection the Board finds that the applicant requests permission to use medical office for non resident physicians in accordance with the Zoning Ordinance, Article III,-Section 300~ Subsection 7~ The Board finds that this property is in a residential area. The dwelling is a two family house, the upstairs being occupied~ This lot is undersized. Proposed use would be by 2 non resident physicians which is not permitted in the Ordinance. The Board is in sympathy with the need for more doctors in the T~wn. Also,. there is not enough ~arking area. The Board finds that strict application of the Ordinance 'will not produce practical difficulties or unnecessaryhardship; the hardship created is not unique and would not be shared by all properties in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit~of the'Ordinance and will change the character of the district. On motion by~Lr~ Gillispie~ seconded by.Mr~ Bergen~ it was RESOLVED that 'Anthony Carcich, Young's Avenue, Southold~ New York, be DENIED permission to use medicai office for non ~resident physicians as applied for on property located on south sideMain Street,~ Southold, New York. Vote 'of the Board: Ayes:- Ail Southold Town Board O~ Appeals -17 - January 2, 1969 8:45 PiM%- (EjS~T~), upon application of James Dean, New Suffolk' Avenue, Cutchogue, New York, for a variance in accordance with the Zoning'Ordinance,~Article Iii, Section 303, and Article'X, Section 1000A, for permission to reduce frontage a~d area. Locatisn ~f property: private road off south side New Suffolk'Avenuea' Cutchogue,. New York, bounded north by land of James Dean,~ east'by land of Jame~ Dean, south by Peconic Bay~ west by Reeve-Beachw~od Subdivision. Fee paid $5.00. The Chairman opened the hearing by reading t_he 'application for variance~ legal notice ~f he-ring, affidavit attesting to its publication in the official newspaper, and notice to theapplicanto THE CHAIRMAn: You ~wn the adjoining cottage~ is that correct? JAMES DEAN: Yes~ ~hat is correct. THE CHAIRMAN: The granting of this application should be in recognition of an existing situation in my opinion. The size of adjoining iot'would als$ be in an excess of 12~500'sq. GARY OLSEN~~ ATTORNEY: Yes~ I have a temporary approval from'the 'Planning Board. THE CHAI~_~2%N: How many lots are there? GARY OLSEN,' ATTORNEY: 7 or 8. MR%~ HULSE: ~aat is the sideyard of ~his lot? THE CHAIRMAN: It looks like ab%ut 5 ft. on the west. GARY OLSEN~ ATTORNEY: Yes, that is correct. THE CHAIRMAN: Does anyone else wish to speak for this application? MRj JAMES DEAN: I'would just like to say that these cottagees 'were built about 50 years ago. After investigation and inspection the Board finds that the applicant requests permission to reduce frontage and area in accordance with ~ee. Zoning Ordinance~Article'III, Section 303~ and Article. X~ Section 1000A. The Board'finds 'that the building p~esentlyon the subject premises was built prior to the present Zoning Ordinance. Both immediately to the east and immediately to-the west of the subject premises there are other dwellings. Accordingly, it is impossible as a practical matter to redesign the boundary lines ~f the subject premises so as to conform to the present Zoning Ordinance. Due to the fact that ~he o~her properties in the immediate vicinitywere also developed before the present Zoning Ordinance~ to grant the Southold Town Board ('-i Appeals --18- ~ January 2, 1969 variance of the subject premises would be to permit it to conform to the ~character and general size of the properties in the immediate vicinity. 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 pr?operty and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Hr, Bergen, seconded by'MI, Grig~onis~ it was RESOLVED that James Dean,. New Suffolk'Avenue~'C~tchogue~ New York., be GRANTED permission to reduce frontage and area on property located on private road off south side New Suffolk Avenuel Cut~ogue~ New York~ Vote of the Board: Ayes:--Ail The Board read the bullet-in'received from the Suffolk County 'Planning Commission concerning the New Rules & Regulations for zoning applications, Applications must be referred to ~he.'Commission when the zoning action affects real property lying within a distance of 500 feet of the following: 1. Town boundary line. 2. Village boundary line. 3. State park, 4-. County park. 5. State road. 6. State parkway or expressway. 7. County road. 8, Countyparkway 9. County ~drainage channel 10. -State public building or institutions 11. County public buildings or institutions The application of Mrs. Shirley Saland,. MainRoad, Mattituck~ New York., whichwill come umder~he jurisdiction ofthe Ccmunissio~ was reviewed and held pending the required maps. The meeting was 'adjourned at 11:15 P~-M. APPROYED R~spectfuZly submi~Ztect, EliZabeth Ann N~ville, Secretary Southold Town Board Of 'Appeals