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HomeMy WebLinkAboutZBA-09/11/1969 $outhold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11.9~71 Telephone 765-~060 APPEAL BOARD MEMBER Robert ~/. GiJlispi¢, dr.~ Ch~irm~n Robert BerBen Charles Gri~oni%r,Jr. Ser~e Doyen~ Jr. Fred Hu[se, dr. M I N ~U-T E~S SOUTHOLD TOW~ BOARD OF A/PPEALS September ll~ 1969 A regular meeting of the'~outhold Town Board of 'Appeals was held at 7:30 P~M~-a Thursda~'September 11~ 1969~ at the 'Town Office}: Main Road~ 'Southold~' New York. There were present: Messrs: RobertW, Gillispie~.~Jr.~.Chairman; RobertBergen; '~na~les Grigonis~Jr,; Serge Doyen~Jr.; Fred HulseyJr. Also present: Howard Terry~. Build/ng 'Inspector PUBLIC HEARING': Appeal No. 1281 -- 7~30 P,'~j (E~Di'S~'T~')a upon 'application of Agnes D. McGunnig!e~. Box 52A NorthRomda Southold~. New York,~ fora variance in accordance with the Zoning Ordinance,~.~irtiCle IIIa Section 300~. Subsection 7~ for permission to use existing building for business oflice. Location of property: north side of Middle Road (CR27)~ Cutchogue~ New York~ bounded north by J. Simcik~Cumisky**~ east by A~tone~Pawluczy~,. south by Middle Roada west by Simcik-Shalvey. Fee paid $5.00. The Chaiz~an ~pened the hearing by reading ~he 'application for a variance, legal notice of hearings affi~_vit attesting to its publiCatio~ in the official newspapers~ and notice to the applicant. 1969 $outhold Town Boar~ of Appeals -2 .... September 11. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? ~(There was no responseS) THE C~N: Is there anyone present who wishes to speak against this application? (There was no response.) THE Ci~I~N: I will have to speak against this application. The applicant proposes to est~Dlish real estate office whichunder our Ordinance requires a business zoned area. TheproposedMaster Plan designates County Road 27 as a divided highway~nich theyare hope~al of keeping free of strip business zoning. Does anyone else haveanything to add to this? ~(There wasno response.,) After 'investigation and inspection the Board finds that the applicant requests permission to use existing building for real estate office. Propertyis located onnorth side of Middle Road i(CR27), Cutchogue~ NiYJ The proposed Master Plan designates County Road 27 as a divided highway 'which they are hopeful of keeping free of strip business zoning. ~The Board finds that strict-application of the Ordinance will not produce practical difficulties or unne=essaryhardship; 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'would~ange the character cf the neighborhood~ and would not observe-.the spirit of the Ordinance. On motionby'Mr~ Gillispie~; seconded byMr.'Doyen~ itlwas ~ESOLVED Agnes D. McGunnigle,~ Box 52A North Road~ Southold~. NeW York be DENIED ~=~rmission to .use existing building for business office as applied for on property located on north side of Middle Road (CR27)~ -Cutchogue~ New York. Vote ~f the Board: Ayes:-- Messrs: Gillispie~ Bergen~ Grigonis~ Doyens, Hulse. -PUBLIC HF~RING: Appeal No' 1282 -- 7:45 upon application of Rossa-W. & Agnes M. Cole~ Hay~aters Road Nassau Point~ Cut~hoguea New York~ for a variance in accordance ~f Appeals --3,- ptember 11~. 1969 Southold Town BOar~~ with the Zoning Ordinanceeb Article III, Section 300~-Subsection 6,~ for permission to bund accessory building in front ~Iard area. Location of property: corner of Hal~aters and Old Me~haden Roads~ Map of -Nassau Point Club ~Properties No.. 8064. -Section D~3 .Lot No, 374~ Cutchogue~.. New York.ei bounded north by Old Menhaden east by rp~_j~i~ George~. south by GeO~ H. Starkie~ west by Ha~aters Road. Fee paid Th. Chairman opened the hearing by reading theapplication for a variances! legal notice of hearing~ affidavit attesting to it's publicati°n in the official newspaPers~aand n'otice ~to the applicant. THE CHAIRM3~N: Is there anyone ~present~ho wishes to speak for'this application? CHET ORLOWSKI: I ~m ChetOrlowski~. the builder~'I would like to speak for this application. The Only thing I have to say is that the reason for this application is the geographical condition of the ,property.~ I spoke to Mr. Terry about'ir'and he says that the back yard will have to be right next t@ Mrj Starkie~ wl~ich would be very close to his housee THE CHAIRMAN: Mr. Starkie~ is the adjoining property owner to the ,south? CC6ET ORLOW~KI: Yes~ ~hat would beconsidered his back yard~ right next to Starkie~s property. THE CHAI~Va~N: Well,~ he ,is using that as his back yarned n~, is~t '.he? His driveway is in his backyard~ right? CHET ORLOWSKI: The geographical condition of the land Would be more favorable .this way, He wants to set it abomt 25ft. from Old M~nhaden Road~ this is about in line with his house which is setabout 25 ft. from Old'Menhaden Road. THE~4AI~M3~N: Old Menhaden'Road/? ,property line? property. Does the lot infringe on the right-of-way of In o~her--words~ is Old Menhaden Road on his Just about~ yes~ The road is well on his Is there anyone,else present who wishes to speak for this ap~lication? i(Therewas no-response.) THE C~HA~WR~N: Is thereanyone present -who wishes to speak against this application? Southold Town Boar~-~'~f Appeals -4- F~eptember 11,., 1969 D(kvLIN~ ~.~ A~I~IO: I ~ Dom~ic T. 1A~ichio~ Attorney$~ 308 ~in Street~ Greenpo~ New York~3 appearing on behalf of ad- joining and adjac~t property ~ners ~to ~e Cole prop~y. ~ners being George H. Starki~Ha~aters Road~. D~gl~ W, Jaeger~Ha~aters Romd~ ~o~s H. B~er~a~ers R~d~~ Johanna Jensen-Ha~aters Doughs OJHi Westland~id Me,aden R~d,~ J, Me~den Road,~ ~as. J. He~assau Po~t Road~3 Aouis Ha~aters Road,. Fr~cais H. B~s-Ha~aters Road. ~ ~~%~: Would you rela%e ~e~ property to ~ A~I~IO: Yes~ Starkie is ~edta~ly adjacent on ~e sou~erly side~. ~e o~ers ~ey a~e on ~he horsefly side of Old M~aden Road. ~ C~~: ~e hOrSefly side ~s a yacht lot. ~'.~ A~ICHI0: Yes. T~ C~N: So you say ~e owners of ~e yacht lots........ ~~ 0~~ W~~: I ~ve 3 lots opposite ~is property. ~ C~: You have 3 lo~ across fr~ this on 01d Me,aden Road~, is ~hat corr~t~ El' ES~: Yes~. I have a house on 2 lo~. E¥ A~ICH~: I h~e a memor~d~ ~awn by ~e ~ ~~: ~cuse me~. ~. A~hio~ are you representing ~e ~ner to ~e east a~o? ~at is his n~e? ~' A~I~I0: P~J,- George. ~ C~N: Is he here tonight? E%~ A~I~I0: No~. he is not. ~ ~~: Is ~ere ~a ~. St~kie here? E~&~ S~E: Yes~ my house is sou~ of ~e subject property. ~ ~: How far~ is his house ~om ~ae s~eet line? E%~ ES~: He must be about I00 ft~ off 01d Me--den Road. ~ C~N: Nos:~ he ~c~t be', we ~asured it ~his morning ~d he wasn.~t ~at f~ back. ~- S~E: I would say it is about 60 feet, Southold Town Boar~f Appeals THE CHAIRM~N: All right, -5- ~gtember 11,. 1969 Go ahead Mr. Aurichioe M~ AURICHIO: As I listen to this application made for an accessory building~. I also heard the texm garage. It is clearly lndictive that it is a combination of both, garage and living quarters. THE CHAIRMAN: In our Ordinance a garage is one of the classificatio~ of an accessory building~ MRj AURIL~HIO: Yes~ but this is more than just a garage. THE CHAIRMAN: This has bedrooms. MR AURICHIO: Yeses: bedrooms,, plural. I understand that ~lr. Starkie was approached by Mr, Cole some time ago and he asked him not to oppose this because he wanted to build another residence for one of his 3 sons because his family is getting larger. However.~. although Mr.' Starkie may be in sympathy with him,. it 'is not a logical reason for such a variance to be granted~, because '~f it's deteriorating or degrading effect it has on the adjacent property owners and the general aspect of the area. It has always been understood that the 'Zoning Ordinance prohibited the building of more than one house for living purposes on any one single lot. I will t~ust that the-Board will turn down this application for a variance in this instance. Many residents in the area have a large number of children in their families and it is logical to assume that if one property owner is given the go ahead to build a second house on a single lot there will be others who will do the same. When this situation existed in the Pine Tree Road area~ about a half mile from this neighborhood~ about a half dozen pro~er~y owners built a second house on their property,, until the practice was discontinued by the BOard. Presently there -is a house on the ma3~ket ~hich~ has remained unsold for some time because it is sandwiched between two t~rcels, eac/~ of which has two houses on it. This gives the neighborhood a cluttered and clouded appearance. THE C~HAIRMAN: Do I understand you to say that presently there is a house or-lot unsold between two o~her .iots~i each of which have two houses on ~em~~ is that correct? MR%~ AURICHIO: Yes~, that is correct~ ~ot-in this-particular area~ but down in Nassau Farms on Pine Tree Road. THE CHA]I~- ~M~N; Ail right, go ahead please. MRj AURICHIO: Yes, we the undersigned$i all property owners in this vicinity~· feel that it Would be unwise to e~tablish s precedent that would allow Mr. Cole to build another additional building on this property, We respectfully appear in opposition to this-application. Southold Town Board/~f Appeals --6- S~tember 11~ 1969 · HE CHAIP~N: The application states that it is a 2 car garage ~(bedroc.~Ls) Our definition of a so, orate residence includes cooking facilities. It is not unusual to have an application where sleeping quarters are provided over a garage,s: it has been done in several places. But this is the first that .we have.- heard of it to be a seperate residence for another family. MRS' AURICHIO: Mr. Starkie will state for the record that this statement was made to him by Mr,' Colea the applicant here. Now we all understand that this is an unpractical proposition. The moment you tm/t up several bedrooms~ and the size of this strUCture tells immediately that it .is much'-larger than a two car garage. THE CHA~N: 22' x 30~ is a little larger than necessary, MR-~~ AURICHIO: Yes. it is larger than necessary~, it's made more to accomodate-anotheraPartment or'residence above i~. I don't see the plans in front of me~ but I believe the plans will have facilities for a bathroom & Shower~ etc. and under'today~s method of constructing electrical kitchenS~ with cabinets and sO forth~ it is not too hard to have another ~itchen in there, And it will in effect be another residence. It is not as if the master had his home and garage and hecould afford a servant or chaffeur and they had another residence for the people employed to maintain the grounds~ chaffeur the car or the like. This is surelynot the attitude or the aspect of this application~, nor is the amount of ground condusive to it. In looking at the size of the lots~ itwould be a cluttered effectl If this variance were granted in ~his instance~ then it would have to be granted to everyone down the line in this area. wea in Nassau Point fool it is a heavily invested area and it carries a high val~e~ to grant this application and then to ,~rant-the next one and the next one would only tend to depreciate~the values of ~aese surrouding properties, It would be a very.-serious injustice to them. I believethisapplication should be denied, It would take d~n the whole complexion of zoning and especially'at this time when the ~Townis so conscience of up zoning rather than down zoning. We are seeking to get acre and 2 acre zoning and now we are going into the ~assemblance of two residences ®n about ½ acre~ and this is an irregular plot~i not 100~'J x 2~9' as you look at it~ it is 100~' on HaywatersRoa~#~'"2~0? on ~ld Mer~adenRoad~ and ~nlY 75' in de~th on the easterly side~ ~nere ~hat second structure-is going to be located~ itYou take the location of Starkie~.s house. it'would be-almost directly in front of it~ and a very short distance fremhis house on the narrower part of the lot. T~E CHAIRM~N: Is there anyone elsewho wishes t~ speak? M~j STARKIE: Yes~ I got out of my car the other morning and Mr~ Cole came up to mea the man has never spoken to me in the nine years he has been there, Southold Town Boa~lof Appeals -7- '-~pte~ber ll, 1969 THE CHAIRMAn: He sounds like a friendly person. MR,- STARKIE: he is not a-very friendly person,i everybody in the neighborhood will say that. ~'~S0~ he c~meL up to me a~d he said Mr. Starkie,. I want to build another place for my son~. he has a lot ~f children and his family is getting larger, I want to build a house with bedrooms, a bathroom~ and a sitting room~ When he told me that 'I was dumb founded. He asked me what I thought about it~ if I would object to it. I said I don~t know~, t would have to ta~k ~to the neighbors about it. So I m~de up this little prayer here, which Mr. Aurichio has already read. DOULGAS O~'H%' WESTIAbID: I live across the street~, my house is set back 80 feet. THE CHAIRMAN: You live across the street,, on Old Menhaden Road? MR~~ WESTLAND: Yes. THE ~HAIRM~N: You live further to the east., is that correct? I~R~' WESTLAND: Yes:, ~hat is right. THE CHAIRM~N: Your house is set back how MR~~ WESt: 80 feet. MRj STARKIE: May I have another'word? His house is built right up on top of Haywaters Road~ catty-cornered-and if where he showed me is where he is going to put-the garage..i,~.... THE C~.~N: He lives opposite P.-J,' George? M~' STARKIE: Yes. Mr. Cole showed me.where he had it 'cleared off to bulld~ itwill just cut my back porch off~. so I cen't see Old Menhaden Road. THE CHAIRMAN: The house that you live in faces on HaywatersRoad%? is that correct ? When we were. up there this morning it ~appearedthat-- you had a black top driveway that leads you into the rear section of your house and garage~ is that correct? You ha~ean attached-~arage~ correct? MR%~STARKIE: My garage goes into the basement, yes. THE CHAIRM~N: Is there anyone else who wishes to speak for or against ~his application? (There was no response.') THE CHAI~¥/~N: Are there any further questions? Southold Town Board/~f Appeals -8- ~eptember iI~. 1969 MR~~ BERGEn: Do you gentlemen object because it is a garage and bedrooms? Would you object if it were just a garage? ER AURICHIO; We would have to see the plans of the garage first before we could pass comment on that. THE CHA~: Does Cole live there year round? MR'j S~%RKIE: No~ he does not. THE ~: Do you live there year round? MRj S~IE: Yes, I have lived here year round for the past 40 years. THE Ci~AIRMAN: Are there any further questions? (There was no response,) THE CHAIRMAN: Well®. going back to the application~ the proposal is to place this 2 car garage with bedrooms over it.~: at a point 25 ft. from Old Menhaden Road~. 75 ft from the easterly lines and 37 ft, from the line to the south~ which sei~.rates Starki~s proPer~y from this property. I think th~ Board has an obligation" to provide relief for this type of situation for a garage. The thing ~hat we can consid~r here is the location of the garage~., but not whether he can have a garage, In other words a garage is a permitted use in a residential area, A garage wi~h bedrooms is a permitted use in a residential area. A seperate second residence is not a permitted use ina residential area~ nor may the owner of a piece of property construct a facility with more than one residence for rental purposes on his property. However~ in ot/aer instances we have permitted garages with bedroom or bedrooms in con~unction wi~e the garage~ not necessarily overhead. In one instance it was in the rear yard. We have difficulty locating garages in the back yard area, particularly on property~nich are corner lots~ or 'waterfront property~ because for dwelling purposes thearea between the house and the road is considered the front yard area~ In this ease we have 2 roads. The'onlylatitude ~eis Board has or can exercise is in regard to the location of these facilities. We can puts condition or conditions on it that 'it may not'be used for rental purposes~ and that there may not be anycooking facilities provided in this garage. In this case after a good deal of study I thiD~ the Board has agreed that 28~' is too close to Old Menhaden Road and that itshould be at least 42½~ feet from Old Menhaden Road. One of the reasons for this is that the Zoning Ordinance requires a 35 ft% setback~ but in cases where the residence pre-existed the present Ordinance we take the average. In this case the applicant has enough room to go back 42% feet and that will provide a front yard area on Old Manhaden Road which w.uld be acceptable under the Zoning .Ordinance. The alternative would be to permit him to attach it to his present structure. As to the location 75~ from the e~sterly line appears Southold Town Boar.~'~f Appeals --9-~ September 11~. 1969 reasonable from the Zoning stand p0int:~, so if there are no ~ther questions~ this is w~at we propose to Offer here as a resolutiono Are there any further questions? MR%~ AURICHIO:' If I may ask a question~, Mr2 Chairman? In setting this structure back 42½ feet back from Old Menhaden Road d-id I under- stand that the-new structure wall be ~rought westerly to be attached to ~_he main structure? I~HE CHAIRMAN: No~ I said the alternative to locate it as proposed which would be permissable$~ is to locate it by attaching it to the present structure~ this wo~ld be the alternative~ but he has applied for ~ seperate garage and we are asked here to C6nsider where a seperate g~rage can be located, MR AURICHIO~ In setting this structure~ t~his garage-accessory building with rooms above ~. 42% feet back~a taking the width of the structure~' how close does that br/ng the structure back to the line of the Starkie property on t~he-side? ~qE CHAIRMAN: Well~: an accessory building can be located 3 feet from the line. But in this csse the distance would be about 20 feet~ aft~ all the rear yard has to be usuable to some extent. We would not co~sider that he should exceed the height for an accessory building,~ ~]ich is 18 feet. MR%~ AURICHIO: Well~ what is the height of t/~e residence now? THE CHAIRMAn,: I don~'t know~ this is irrevelant. MR AURICHIO: Would the accessory building be a taller~ building than the main building? THE CHAIRMAN': Well~ now I think the height is given here, the ,main building is a one s~ory building~ 12 feet in height. MR AURICHIO: 12 feet is the residence'. What would the height of the accessory building be ? ~%~ HULSE: It says 12 feet for ~hat too~ ~ S'~D/&IE: Well.i how can that be if he is going to have a garage with bedrooms over it? THE C~N: He will probably put the garage under ground a bit to keep the height down. In look~_ng atthe contour of the land~, it looks as t~hough that is what he should do, SRj ST~RKIE: Oh~. I see. '~Southold Town Boa, S'of 'Appeals' --10- -' September 11~ 1969 MR AU~IL~IO: I understood before that this particular parcel of property b~s a elevation above Old Menhaden Road? THE CHAIRMAN: ~he property is a wooded location and it .slopes from south to north~ It is a beautiful piece of property,! the whole area is. MRS- AU~ICHIO: That is our main conce=n~3 that it is a beautiful area and it is highly priced. THE C~HAIPuV~N: Price does not ~enter into this. MR%~ AURICHIO: The other concern is tha~it will devaluate the adjoining property owners. THE CH~IRMAN: The mere fact of a garage does not devaluate adjoining property, MRj AURICHIO: But according to our evidence~ this is more than 3ust a garage. THECHAIRMAN: It =~ld be storage~ it could be what ever he,wants. He could make a high garage if he wanted to~ I don~ know why he woulda .he could make it as high as 18 feet. In ot//er wo=~s ~here has to'be some latitude, MR-j AURICHIO: We are mainly concerned with the ,static beauty of Nassau Point and of the entire Town~, we do have something that is valuable here~,~ and we don~'t want it 'changed. THE CHAIP~%~/~: We certainly take this into account. Also we must defend this man'S right to use his-property. He h asa right to a garage~ he has a right to bedrooms above the garage, We have the obligation to impose ~onditions which would prevent it from becoming a second residence~ which we would intend to impos~ Also we have an obligation to t~e property owners across the street to keep this back as far as possible and'I think that we should further impose a condition that.where there is this much space, the entrance to the garage should be from the ~est~ the doors should be from west~ so he doesn't back out onto ~/ae street~ he has to back into his ~4n parking ~Otandthen go on tot he street. MR%' AURICHIO: In other words he will have ~ingress and egress from Haywaters Road ra~her than from Old Menhaden Road'? THE~MAN: No,~ he has a d~iveway~which runs right through now~ itcircles his residence. (inspecting aketCh) here-is his residence~ '- here is his present drivewa~w this is where he wants to put the garage (25ft, from Old Menhaden'Road) but we suggest that he set it back 42%ft. off Old Merahaa~nRoad~ further south. MR%~ AURIEHIO: That would make it nearer to ~Starkie. Southold Town Board~f Appeals --11- ,~-'~tember 11~ 1969 THE ~: Well~ it has to come further of~ the roa~ he wants 25 feet.~ but we say 42~ feet~ MR. STAR~IE: How wide is the building? THE CHA~: 22 feet. MRS' STAR/fIR: so 42~ & 22' that'is 64~ so it will be about~20 feet from my property. THE C_~%iI~: Are there any other questions? MR~~ ~-~STL~ND: Will this permit other people to do the same? Put garages up? THE CHAIRMAN: Well~ there is nothing unusual about an application for a garage~ or a garage with bedrooms on top. MR~ WESTLAbID: No kitchens thought, right? THE CHAIRMAN: Yes~ that's right with no kitchen. This is the only thing we can prevent him from' doing in this case. Also t_his accessory building cannot be rented. C2~ET .ORLOWSKI: Would the Board object if he reversed the garage and he came ~% off Old MeDb~dan Road? THE CHAIRMAN: Yes~ we are also. concerned with traffic. Whenever we have any latitude in -locating'a garage,s3 we try to arrange it so that the applicant does not back out onto the ~ighwaY~~ ~ne only reason, Mm: Starkie~ that he even has to come in here is because he is ~n a co~ner lot and 'he has a narrow lot. This is ~he way Nassau Point was set up originally. No matter' how much you like Nassau Point there are parts of it that were poorly planneda from-the zoning stand ' pOint,' The lots are irregular in shape and tha~ is one of the reasons for a Board of Appeals existence~i to provide relief for applicants who are caught with these old l~ts. Everything 'is not layed out in perfect squares~, you know. MRs.- S~T~RKTR: Yesw~ I know thatl '~rno is going to find out what he is doing in there~ if he has cooking facilities? THE CHAIRMAN: That would be simple~ you are his next door neighbor~ and you have lived there for 40 years. The price of liberty is eternal vigilance1, You would have to sign a complaint. MR% STARKIE: Oh~ I would not want to do th-at. THE C24AIR/~a~N= Well~ who else is going to sign it~ who else has to stand there 'and watch him? are there any further questions? Southold Town Board ~ Appeals -12- S~Ptember 11~ 1969 MR-i WE~: Well~ really What he has there is a basement with bedrooms above it, Well~ i~"s going to devalue my property across the street~, I can tell you that. ~ THE CHAIRMAN: Well,. how wide is your lot? Do you have a corner lot? MR%~ WESTLAND: No,, THE CHAIRMAN: Well you h~ve to look at it b~th ways. If you had a corner lot,; you might be here with an application ,yourself. Are there any other questions? THE C~HAIPJ4~N: If not,: I will offer a resolution granting the applicant permission to-construct the garage 22;% by 3G~ and not over 18 feet in height~..... MRj AURICHIO: Do I understand 18 f~et ~_n height,~ the application was for 12 feet. Why can~'t this resolution read for 12 feet,! the application was for 12 feet? ~ CHAIRMP~N: Certainlya I thought it said 18 feeta. 2em sorrye If it says 12 feet, that is certainly what we will 'make it~/' but he may have trouble meeting the building code because you have to have a certain footage under the eaves. MR,- TERRY: 7½ feet~ THE CHAIRMAN: Then he will have to go down. MRS' AURICHIO: That%s his problem. Because it would definitely affect the values if he had a structure higher than his house, TW~. CHAIRMAN: It is a good thing you mentioned that~ he could have applied for 18 feet~ but,since he applied for 12 feet~, we will give him 12 feet. The bdilding inspector will enforce this. To continue with the resolution~ the structure shall be located not closer than 75 feet from the ~easterly'line and not closer than 42½ ft. fr~n the southerly line from Old Menb~denRoad- Access to the garage to be olk~ined from the westerly direction,' Starkie is on the south# ~Old Menhaden Road is on the north~ access to the garage shall be obtained from the west. CHET ORLOWBKI: I think you should change that,to read indirectly from the street because they may have to turn that a little bit on account of ~hose trees. THE CHAIRM~N: Ail right~ access shall be indirect~ not direct from Old Me~nhaden Road. A co~dition of granting t~his application is that there shall be no cooking facilities in the new structure. A Southold Town Board ~ Appeals -13-- -~ptember 11, 1969 further condition is that t~.bedrooms to be created in this garage may not be leased or rented~ Anything else? ~There was no respOnsg&') After investigation and inspection the Board finds that the applicant requests permission to build accessory building(garage With bedrooms) in front yard areao Sub3ect property is a corner lot~ located on Hala4aters & Old Menhaden Roads, Cutchogue. There- fore applicant does have a hardshipbecausehe fronts on two streets. Applicant also has a topographical hardship due to the contour of the land. The Board feels that they have an ~obligation to provide relief for the applicant. The Board feels that the only latitude they have in this instance is in regard to ~the location of this building. Applicant has applied for building to be set back 25 feet from Old Menhaden Road, the Board shall require that he be setback 42½ feet from Old Menhaden Road. Said building shall not exceed 12 feet in height. Applicant will not be permitted to have any cooking facilities,: or to rent or lease this building. The Board finds that strict application of the Ordinance would produce practical difficulties orunnecessary hardship; the hardship created is unique and would not be 'shared by all properties alike in the ~m~%ediate vicinity of thispropertyand in the same use district; and the variance will not.change the character of the district and will observe the spirit of t he Ordinance. On motion by the Charimana seconded by~Irl Hulse, it was RESOLVED Rossa W. & Agnes M~ Cole, Haywa~ers & Old MeD/laden Roads-Nassau Point~ Cutchogue~ New Yor~ be GRAN~ permission to locate accessory bdilding (garage w/ bedrooms) in front yard area on property located on corner of Haywaters & Old Menhaden Roads~ Cutchogue~ New York~ subject to the following conditions: 1. Accessory building must be setback 42½ft. from Old Menhaden Roado_ 2. " " may not be over 12 feet in height, 3. " " must not contain anycooking facilities. 41 " " may not be rentedor leased. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Grigonis& Doyen~ Hulseo pUBLIC. HF2%RING: Appeal mo. 1283 - 8:00 'P~i~j (E~D%~$~T.), upon application of Charles Rivolta~. Old JuleLane~ Malt~ituck~ New York, for a variance in accordance with the Zoning Ordinance~ Article IIt~ Section 300, SUbsection 6~ for permission to locate accessorybuilding in front yard area. Location of property: west side of Ole Jule Lane~ Mattituck~ ~ew York~ bounded north Southold Town BoardU~f Appeals -14--~ SeptembeI 11, 1969 by J. Zebroski, east by Ole Jule Lane, south by Salvina Zahra, west by canal. Fee paid $5.00. The Chai~nan opened the hearing by reading~he application for a variancea legal notice of hearing, affidavit attesting to its publicatioh in the official newspapers~, and notice tot he applicant. MR~ CHAS~ RIVOLTA: As you know~ we have already started this,. not by defiance, but through ignorance of the law. Since I was attaching it to 'the present structure I did not think it Would require another permit. Chairman inspected survey of property and plot plan. THE CHAIRMAN: .This is a pie shaped lot with 110 feet frontage on the canal. MR~ HULSE: Have you lost much of your property on the canal? MR%~ RIVOL~A: We had it bulkheaded when we bought it four years ago. THE CHAIRMAN: How recently did you build your house? MR~ RIVOLTA: It is not finished yet. We started it last year. THE C~L~-I~MAN: We have a little description here of the fence and garage addition. They are using vertical cyprus planking to match the house and existing garage. Fence and garage addition are 6 ft. high on street side and garage addition pitches to 7 ft. on west side. Garage addition to be shingled on roof to match garage shingles. MRS~ RIVOLTA: It is going to look very prettya .say so myself. I am going to plant flowers & shrubs~ landscaped very nicely. THE CHAIRMAN: is on this wood? if I may it will be (inspecting pictures) ~hat type of finish It is not painted is it? MRi' RIVOL~A: No, it is a combination of stain and bleaching oil~ then it becomes gray from the natural effects of the weather. THE CHAIRMAN: You don~t use a preservative with this? MR%~ RIVOLTA: The bleaching oil and the stain itself are the preservatives. The stain contains creosote. THE CHAIRMAN: Are there any questions? (There was no response,) Southold Town Board ~Appeals -15- September 11~ 1969 The Chairman; Does anyone wish to s~eak in opposition to this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to locate accessory building in front yard area. The Board finds that the applicant has a pie shaped lot there by causing a topographical hardship. The garage addition shall be shingled to.match the existing house and garage shingles. This addition shall be completely fenced so it will not be visible from the road. 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 this property andin the same use district; and the variance will not change the character of the district and will observe the spirit oft he Ordinance, On motion by Mr. Bergenw seconded by Mm. Hulse~. it was RESOLVED Charles Rivolta,~ Ole Jule LaneaMattituck~. New York~ be GRANTED permission to loca~e accessory building in f~ont yard area on property located on west side of Ole Jule Lane~ Mattituck? New Yorkal subject to the following condition: Fence shall be maintained exactly as it is. Vote of the Board: Ayes:-- Messrs: Gillispieai Bergena GrigoniSa Doyena Hulse. PUBLIC.HEARING: Appeal No. 1284 - 8:15 upon application of R~V~ Foyle a/cGeorge deF L0rd~jJr.~ Fishers Island~j New York~ for a variance in accordance witl/ th~ Zoning Ordinahce~ ArtiCle III~'Section 300~ Subsection 6~ and Article VII, SeCtion 703~ for per~iSsion to locate access6ry building in front yard area. -Location of p~operty: Fishers'Island Est- ates~ Fishers Islanda New York~ boundednorthby FjI~.Develop- ment'Corp.~j east by private roa~ south by private road~ west by Agnes N6yes & others. Fee paid $5.00 The Chairman opened the hearing by reading the application for a variance~ legal notice of hearing.~, affidavit attesting to its publication in the official newspapers$.~ and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold TOWn Boar<i~)f Appeals (There was no response. ) -16- September 11~ 1969 MR.~ HULSE: HOW far back is it from the road? THE CHAIRMAN: The application says 40 feet. MR~ TERRY: It's .more 1/ke 20 feet. The Board held a lengthly discussion on this application and decided-that-this is 'the most logical location for a garage on-this property. After investig~tion and inspection the Board finds that the applicant requests permission to locate accessory building{garage) infront yard aEea. Subject property is a corner lot located on a private-road. The Board finds that the applicant has a topograph- ical hardship and feels that the lot is best adapted topographically to the proposed location of this garage. The Board finds ~hat strict applicatiOn oft he Ordinance would produce practical difficulties ,or unnecessary hardship; 'thehardShi~ 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 will not change-the character of the district and will observe the spirit of the Ordinance. On motion by Mr~ Doyen, seconded by Mr~ Hulse~ it was RESOLVED~V~ Foyle a/cGeorge deF Lord~ Jr.~ Fishers Island~ 'NeW York~i be GRA~TF~ permission to locate~acdess0ry'building in front yard area as applied for on property located at Fishers Island Estates~. Fishers Island,i New York. Vote of the Board: Ayes:- MessEs: Doyena Hulse. Gillispie,. Bergen,. Grigonis,. PUBLIC B~RING: Appeal No. 1285 - 8:30 Pi'M2 (EjD,-Sj~j)a upon application of Mattituck Lions Cluba Mattituck~ New Yo~k~ for a special exception in accordance with the Zoning Ordinancea Article IV~ Section 408~ for permission to erect an 6fl premises informatio~ sign on-the Property of J. Duryee Estate. Location of property: east.side of Love Lanea Mattituck~ New York, bounded northby Pike Street& east by Lutz ~ Long~ south byW%~. Drum Eseate, west byLove 'Lanel The Chairman opened the hearing by reading the application for a variance,.~ legal notice of he~ring~ affidavit attesting to its_~ublication in the official newspap~rs~ and notice ~tothe applicant. Southold Town Board this application? ~_~Appeals -17- September 11~ 1969 Is there anyone present who wishes to speak for M~TER~Y: This sign has been~in Mattituck for a good many years. They are just changing the location of it due~to a change of tenants in the building on which it is presently located. THE CHAIRMAN: What is the size oft he sign? MRe'BERGEN: There are two signs, The one on the front is 2~ x 3~ and the one on the side is 4~ x 4'. They are both used to advertise community affairs. THE CHAIR/~%~: Is there anyone present who wishes to speak against this application? (There was nb response.) After investigation and inspection the Board finds that the applicant requests permission to erect an off premises information sign. 'This sign is a bulletin board which has been used over a number of years for the purpose of advertising community affairs. On motion by MI, Bergen~ seconded by Mr, Hulse~ it was RESOLVED Mattituck Lions Cluba-Mattituck~ New York~ be GRANTED permission to erect off premises information signs as applied for on the property of J, Duryee Estate located east side of Love Lane~ Mattituck~ b;ew York~ subject to the following conditions: 1. The signs shall be subject to all subsequent changes in 'the Southold Town Building Zone.Ordinancea as it applies to signs. 2. The signs shall be granted for a period of one year~ renewable annually upon written application to the Board of Appeals. Vote of the-Board: Aees:-- Messrs: Gillispie,~ Bergena Giigonis~ Doyen~ Hulse. On motion by Mr. Gillispie~ seconded by Mr. Hulsea it was RESOLVED that the action of the Board of Appeals dated August 21~ 1969~ on AppealsNo. 1279-Charles Becket which has been considered 'a matter of local determination by the Suffolk County Planning Commission~ be hereby reapproved by this Board as of September 11.. 1969a and the follOWing paragraph added to the action: Southold Town Boar(/~f Appeals ~18- ~japtember ll,~ 1969 The Board approves the sketches which were part of this appeal~ Appeal No. 1279 made by C¥~j Becket. The division of these'lots to be finalized by submission of a sur~,ey to be made by Otto Van Tuyl & Son. Vote 'of the Board: Ayes:- Messrs: Gillispiei~ Bergen~ Grigonisi Doyen~ Hulse. Mrs. John Havens brought in the.corrected description of the lot being set off on their property 'to be sold to Gordon Smithy Description and survey made by Otto Van Tuyl & Son as follows: BEGIATNING at a point on the southwesterly side of Mill Creek Drive where land of applicant joins land of P. Orlowski; running thence along southwesterly side of Mill Creek Drive S. ~58° 22~ 50" E. I16~00 feet to the other land of applicant; thencealohg other 'land of applicant S. 57° 561 00" W. 110e46 feet to land of P. Orlowski; thence 4 comrses ~along land of P~ Orlowski as follows: 1o N~ 32~ 041 00" W. 28.98 feet~~ thence; 2. S, 57~ 561' 00" W. 18.00 fee6; ~thence 3.' N. 32~. 04~ 00" Wi 75 feet; thence 4. 57° 56' 00" E. 77204 feet to the po/~t of beginningl The following budjet was p~e~ared for the fiscal year beginning-January 1~,' 1970: Secretarial Assistance at public hearings Stationery~i form printing and postage Library and Subscription to Zoning Bulletin Advertising of Legal Notices Telephone Travel expense divided as follows: 1. Estimated-expense for three members of the Boardto attend Association of Towns meeting in New York in February 2. Estimated expense of Mr. Doyena~ Board member fromFishers Island for attsndm_nce at Board meetings in $outhold 3.- Estimated t~aVel expense of the Board to Fishers Island TOTAL TRAVEL EXPENSE Renumeration of Board of Appeals: same as 1969 salary& PLUS raises as agreed upon by the CSEA TOTAL ESTIMATED expense of the Board of Appeals TOTAL ESTIMATED income from appeal applications $ 375.00 500.00 125.00 600.00 ~0.00 100~00 1450.00 100.00 1000.00 ? 500-09, , Southold Town Boar~yf Appeals -19-- ~.3eptermber ll,. 1969 The Board of Appeals is still firmly of the opinion that the fee for all applications-to the Board should be increased from $5.00 to $15.00 because of the increased cost of the public noticesa which average about $10.00 per hearing now that we are advertising in both of the local papers. On motion by Mrj Bergen,, seconded-byMr, Gillispiek it was RESOLVED that the minutes oft he Southold ToWn Board of Appeals dated August 21,. 1969, be approved as ~'~bmitted, Vote of the Board: Ayes:- Messrs: Glllispie~ Bergen.,: Grigonis~ Doyena Hulse. On motion by Mr. Gillispie.a seconded bY Mr. Grigonis, it was RESOLVED that the next regular meeting of the Sout~old Town Board of Appeals will-be held at 7:30 P~M&~,Thursday~ October 2, 19691~ at the Town Office, Main Road~ Southold~ New York. The meeting was adjourned at 10:00 APP UV .D RObert ~. ~i~Iispie,, ~r. ,.; Chairman Southold Town Board of Appeals Respectfully submitted~ Bett~yNev~i11~ Seer ~tary Southold Town Board of Appeals