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HomeMy WebLinkAboutZBA-05/02/1974 SoUthold Town Board of Appeals $OUTHOLD, L. I., N.Y. 119"71 Telephone 765-~660 APPEAL BOARD ME~t,4BER Robert W. Gillispi¢, Jr., Chaifm,~n Robert B~rgen Charles Gri~oni% Jr. Ser~¢ Doyen, Jr. Fred Hulse, J~. MINUTES SOUTHOLD TOWN BOARD OF APPEALS May 2, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday,~May 2, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr.; Serge Doyen, Jr. THE CHAIRMAN: The Board's decision on Appeal No. 1877, application of Joseph W. Petrauskas, Hill Street, Mattituck, New York, was delayed for additional information. We have ascertained that applicant's statement that his mobile home is set back approximately 35 feet from the monument at road- side is correct. It had previously been measured by the Building Department when there was snow on the ground. We measured it with a tape measure on a dry day. The applicant and his neighbor, Mr. Costanza, have purchased a structure which they intend to cut in half and add to their respective mobile homes in order to comply with the 850 sq. ft. living area requirement. MR. COSTANZA: When Mr. Petrauskas puts his extension on he will put it on the front; we will put ours on the back. THE CHAIRMAN: Mr. Petrauskas can't put it any closer to the road. Southold Town Board of Appeals -2- May 2, 1974 THE CHAIRMAN: Another reason for the delay was that Mr. Petrauskas's veHerans' disability payments had been cut down. MH. COSTANZA: That has been straightened out. It is now back up to 100% disability. THE CHAIRMAN: So, all we have to act on is permission to attach the trailer, which has been cut in half, and add it to the two mobile homes and, also, to act on the request for a variance to setback. It is rather confusing that Mr. Petrauskas ha~ only appeared here once. You have appeared here for him. MR. COSTANZA: He is in South America at the moment. I have here a Bill of Sale for the trailer. THE CHAIRMAN: We are not interested in that. We are interested in when you are going to finish the work. MR. COSTANZA: As soon as possible. MR. ROBERT BERGEN: We will have to set a deadline on it. THE CHAIRMAN: How long will it take you to hook up this extra half trailer? MR. COSTANZA: I will cut it this weekend. It will take a day or two to hook it up. Does the inside have to be finished immediately? THE CHAIRMAN: Get the outside finished first. I think we should give you sixty days in which to finish this. After investigation and inspection the Board finds that appliCant requests permission to add structure to mobile home which does not meet standards of setback and living area located on the south side of Hill Street, Mattituck, New York. The findings of the Board are that applicant has applied for a reduced front yard setback, from 35 feet to 33 1/2 feet,and for permission to move a mobile home to the property of Petrauskas and Costanza with the intention of dividing the mobile home and adding half of it to each of the existing mobile homes in order to comply with the 850 sq. ft. living area requirement. The Board also finds that applicant has had some unusual difficulties concerning weather, veteran's benefits, etc. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -3- May 2, 1974 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 and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Joseph W. Petrauskas, Mill Street, Mattituck, New York, be GRANTED permission to add structure to' mobile home which does not meet standards of setback and living area on property located on the south side Of Hill Street, Mattituck, New York, as applied for, subject to the following conditions: e That this approval be subject to all Board of Health regulations. That the work presently underway in connection with the addition to the mobile home shall be completed and ready for inspection of the Southold Town Building Department within 60 days frOm May 2, 1974. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, PUBLIC ~EARING: Appeal No. 1893 - 7:35 P.M. (E.Di.~S.T.), upon application of Stevan and Peggie Banick, Horton P~int (PVt Road), SOuthOld, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule, Article XI, Section 110-112 B, C, D, G, H, Section 110-113 (3), for Permission to build new mixed occupancy (bUsiness and residence) building with insufficient sideyard, rear yard, and parking area. Location of property: W/S Young's Avenue (RR Ave.), Southold, New York, bounded north by (now or formerly) Eissman; east by Young's Avenue; south by John Terp; west by Koke Bros. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -4- May 2, 1974 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WALTER GEORGE KAPP, ESQ.: I would like to stress the fact that this is not a self-created hardship. The building was purchased nine years ago with the intention of using it as is now proposed. Concerning the older business districts throughout the Town a very high percentage, upwards of 90% of them, do not comply with the Ordinance which has since been enacted so, actually, it'would be like singling out this appeal. We think it would be unfair. We request that this petition be granted. THE CHAIRMAN: One of the Board's concerns is parking space that is available. However, we find that there is public parking available within 200 feet, you walk across one intervening lot to get to it. The only one thing I would suggest is that the driveway be more than 8 feet wide. MR. KAPP: I think that is a very good suggestion~- Would you think 10 feet? THE CHAIRMAN: 10 feet is about right, and cut the side yard down to 3 feet. The points in the application are well taken. When did you acquire this building? MRS. PEGGIE BANICK: About 10 or 11 years ago. THE CHAIRMAN: Will you have some parking in the rear of the building? MRS. BANICK: I would have space for three or four cars. THE CHAIRMAN: How much traffic would this proposal generate? MR. KAPP: Very little. MR. CHARLES GRIGONIS, JR.: Beauty parlor work is highly competitive right now and is done mostly by appointment. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -5- May 2, 1974 After investigation and inspection the Board finds that applicant requests permission to build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area, located on the W/S of Youngs Avenue (RR Ave.), Southold, New York. The findings of the Board are that applicant will have three or four parking spaces to the rear of the building and will be within 200 feet of a public parking lot. The Board finds further that the proposed building will cover approximately the same square footage as the building which is being replaced and the use will not be changed, namely, "mixed occupancy" The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Stevan and Agnes Peggie Banick, Horton Point, (Pvt. Road), Southold, New York, be GRANTED permission to build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area on the west side of Young's Avenue (RR Ave.), Southold, New York, as applied for, subject to the following conditions: That the proposed building be no closer to Young's Avenue than the average setback created by adjoining buildings. That the proposed building be no closer than 3 feet to the northerly line, and no closer than 10 feet to the southerly line of the property. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Griqonis, Hulse, D~yen. Southold Town Board of Appeals -6- May 2, 1974 7:45 P.M. (E.D.S.T.) Rehearing, on motion of the Southold Town Board of Appeals, of application of Dalchet CorPoration, Pequash Avenue, Cutchogue, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by'other land of applicant; west by A. Lu~tio (formerly Orlows~i). THE CHAIRMAN: I think we can dispense with the reading of the application. MR. RICHARD J. CRON, Attorney: I have no objection. THE CHAIRMAN: Briefly, the applicant requests a variance for permission to set off existing dwelling on lot with in- sufficient area and frontage. The Board of Appeals disagreed with the applicant's reasoning and decided against the applicant. The Supreme Court upheld the Board's decision. Then, Judge Geiler vacated the decision of the Court dated October 30, 1973 and granted motion by petitioner for re- argument. "The Respondents denied Petitioner's application for an area variance. The Court after hearing arguments on this application is of the opinion that the Respondent Board was not given all of the facts on which to base its opinion. This Court does not wish to substitute its judgment for that of the Respondent Board and this matter is therefore remanded to the said Board for a new hearing." This is how the matter stands at this moment. I believe Mr. Yakaboski of Smith, Tasker & Finkelstein was to have been here tonight too. MR. CRON: The last time I discussed this with him I told him I wanted to put it on for a rehearing. THE CHAIRMAN: We wrote him on April 29th reminding him of the rehearing. Basically, for the information of the rest of the Board, Dalchet Corporation owns approximately 20 acres and proposes to set off a lot which will have the original homestead on it on a parcel of 100 feet by 117 feet (105 feet at the rear), which amounts to approximately 13,200 sq. ft... As I recall it, the people who were going to buy this property did not want or need 40,000 sq. ft. MR. CRON: It is true that at one time there were 20 acres of land here. There are quite a few parcels that have been parceled out on Old Harbor Road. The big problem with this is not that you are dealing with 12 or 14 acres. (Mr. Cron and the Board studied the map). I argued this before the Supreme Court. There is no way you can consider the lands to the rear of the barns. It is economically unfeasible to do anything with the barn. It constitutes a substantial Southold Town Board of Appeals -7- May 2, 1974 difficulty. It is not a "use" variance, it is an "area!' variance. All you have to show is that there is some practical difficulty. I tried to get across to the Board that there is a substantial difficulty~ There would be a substantial difficulty to give 40,000 sq. ft. because you can't go back anywhere. It is economically impossible to move this barn. It's on a 6" concrete slab. It's a tremendous practical difficulty to run a line across here to Harbor Lane (referring to map) when you have a dwelling here. We would have to run 184 feet to satisfy 40,000 sq. ft. THE CHAIRMAN: I agree but one of the things that we are up against is that four out of five farms have limited road frontage. I have discussed this with Mr. Wickham, Mr. Martocchia, and Mr. Tasker, today. This is a hardship that is not unique to this farm. Everybody in the Town of Southold has to have 40,000 sq. ft. Perhaps this should be referred to the Planning Board for their advice. MR. CRON: I thought it was better to parcel out this and set off the existing dwelling. If we were to do what you propose we would still have to go in and get a variance. THE CHAIRMAN: Not everything fits the Master Plan. That's why you have a Board of Appeals. You have bays and creeks and roads that don't fit this Master Plan. You are not going to be able to get away with furnishing less than 40,000 sq. ft. Because you have 12 acres, you have to do it. MR. CRON: From a practical point of view, it is im- possible. If we were dealing with vacant land, I would agree. However, we are dealing with an existing dwelling. We can,t go back any further because of the barn. I think it is asking too much. This house will be way in the corner. THE CHAIRMAN: Suppose it was in the middle? MR. CRON: (Referring to sketch) You would destroy this whole piece in here. THE CHAIRMAN: If you are going to create one hardship lot here you are going to have to furnish compensating acreage in the rest of the subdivision. The reason is to protect the water supply in the Town of Southold. You can't go against this concept. MR. CRON: I think there is a basis in law ~n terms of practical difficulty. I don't know why you are so concerned as to what has to be done with the rest of this land. Southold Town Board of Appeals -8- May 2, 1974 THE CHAIRMAN: It's part of our job. MR. CRON: It's also your job to relieve certain situations. THE CHAIRMAN: The only way we could do it would be if it were related to the other property so that enough land would make up for this deficiency. MR. CRON: I can't give you an answer. I have to look at what can be done now. I think this Board can grant. If we prolong this line (referring to sketch) we would be dealing with an area of 57,000 sq. ft. MR. BERGEN: Would that take in the barn? MR. CRON: This entire area takes in 57,000 sq. ft. I thought it would be feasible to set off the existing dwelling leaving an area of 40,000 sq. ft. THE CHAIRMAN: It' wOuld be easier but I don't know how we can do it. (The Board and Mr. Cron discussed the map). MR. CRON: I think the vacant land should be left with what now meets the Ordinance. It seems to me that it makes more sense than to try to run this land way over here in order to satisfy an area requirement of 40,000 sq. ft. I think it makes more sense to leave 40,000 sq. ft. and have the rest go with the house. I can't get 40,000 sq. ft. because I would have to take the barn out of it. I can't set this house on more than 17,000 sq. ft. in order to have 40,000 sq. ft. left. How do you do this with the barn sitting here? THE CHAIRMAN: I don't know how to do it without giving you something that is denied to everyone else. We grant variances where a lot is in single and separate ownership and where the surrounding lots are smaller. MR. BERGEN: In some cases the applicants bought four or five lots about fifteen years ago and they want to make two lots out of it. MR. CRON: A few years back if we set this off no one would have said anything against it. Southold Town Board of Appeals -9- May 2, 1974 THE CHAIRMAN: You can't do that now. The only relief would be if you set up a subdivision which would compensate for what you are going to take away from the Town. MR. CRON: You talk about "taking away". THE CHAIRMAN: We have to base our decision on 40,000 sq. ft. MR. CRON: It's a residence existing for I don't know how many years. THE CHAIRMAN: t don't know how we can help you. MR. CRON: There is substantial difficulty when we can't feasibly go to the rear, and it's not feasible to go to the east along the Main Road. THE CHAIRMAN: There are probably hundreds of situations like this. We have been advised that we can't do it. We thought that maybe you had something else in mind. THE CHAIRMAN: Does anyone else present wish to speak for this application? MRS. G. FOGARTY: We rent the house. We have lived in this house for ten years and have always wanted to purchase it. It's one of the reasons why we rented it. The land has always been adequate. THE CHAIRMAN: I think a lot of people would prefer not to have 40,000 sq. ft. That's why there is a push for multiple residence. MR. POGARTY: You can't visualize the scene at all by looking at a map. THE CHAIRMAN: I have been there several times. I am thoroughly f~miliar with it. MR. CRON: I don't know of any alternative other than filing some kind of map. Maybe the Board can enlighten me as to what you mean when you say "you have no jurisdiction". You say that "granting this variance would be exceeding the powers of the Board of Appeals". THE CHAIRMAN: We have to work within the requirements ofnthe Ordinance. The Board is restricted to granting only where unusual or unique hardship is shown and where granting will not change the character of the neighborhood. If those requirements are fulfilled, we can act. A simple example would be if you have 100 acres and you wanted to put a farm- house on 12,500 sq. ft. Southold Town Board -of Appeals -10- May 2, 1974 MR. CRON: It is a unique situation. THE CHAIRMAN: There are a lot of farms in the area that have small road frontages and to cut out 12,500 sq. ft. or 13,000 sq. ft. out of road frontage would negate the affect of the Ordinance as far as the 40,000 sq. ft. re- quirement is concerned. MR. CRON: Other matters in this Town have no bearing on this petition. I could make comments as far as density is concerned. I don't see the validity as far as the character of the area being changed. THE CHAIRMAN: I was giving you our requirements. I agree that it would not change the character of the neighbor- hood but I do not agree that this is a unique or unusual hardship. MR. CRON: I thinkkall we must show is that this is a practical difficulty. We are dealing with an "area" variance and less is required in terms of granting an area variance than is required for a use variance. This area contains a number of lots that are about 14,000--sq. ft. We are not deviating substantially. THE CHAIRMAN: Our problem is that the sellers are the owners of 12 or 14 acres. MR. CRON: If there were nothing behind the existing dwelling it would be another story but, because there is a barn, it is economically unfeasible. We have an inter- vening facet here. It would be like having a 10 foot strip of land. THE CHAIRMAN: Where do you draw the line? I would be willing to postpone a decision on this. MR. CRON: Could I talk to the Town Attorney? THE CHAIRMAN: Yes. MR. CHARLES GRIGONIS, JR.: I think that's a nice corner lot. I would like to see it kept as it is. THE CHAIRMAN: If you created a 40,000 sq. ft. lot on the corner, and leased back, you might help them pay for the land. MR. CRON: I don't think so much should be predicated on 40,000 sq. ft. THE CHAIRMAN: I would agree if you did not have 12 acres. Southold Town Board of Appeals -11- May 2, 1974 MR. CRON: There are 12 acres but it's not feasible to parcel out 40,000 sq. ft. and it's a practical difficulty on the road. You have 287 feet of road frontage with a house in the corner of that property so in order to meet the existing Ordinance you have to give another 187 feet of frontage.., to give up 187 feet of road frontage as against depth. THE CHAIRMAN: The road frontage is more valuable than the rear. That's not one of the criteria you can base a decision on. MR. CRON: Not only is there practical difficulty but it is an economic hardship. A great amount of road frontage would have to be given up to meet 40,000 sq. ft. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals reserve decision on rehearing of Appeal No. 1809, Dalchet Corporation, Pequash Avenue, Cutchogue, New York, until 7:30 P.M., Thursday, May 23, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1896 - 8:15 P.M. {E.D.S.T.), upon application of Lucille Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, East Marion, New York, bounded north by Main Road; east by William Park; south by Gardiners Bay; west by A. E. Parker and others. Fee paid $15.00. Southold Town Board of Appeals -12- May 2, 1974 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a copy of a sketch indicating that the lot in question is No. 4. The Planning Board approved the creation of a minor subdivision subject to receipt of a legal instrument that lots One and Two will not be further subdivided. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I am here to represent the applicant. The Planning Board specifically did not require any covenant with respect to the division of this lot. THE CHAIRMAN: I talked to John W±Ckham tonight about this minor subdivision. It will be divided into four lots, one of which has two houses on it. We denied a previous application "without prejudice to applicant obtaining a minor subdivision, and without prejudice to future applica- tions''. MR. BRUER: I have a map of the minor subdivision. It hasn't as yet been signed but if it pleases the Board I will leave a copy for your records. THE CHAIRMAN: Will you divide this lot in the middle? MR. BRUER: There is a garage in the middle. (The Board examined the survey of the minor subdivision). THE CHAIRMAN: I suggest you get Van Tuyl to make an equitable division. Actually, you are not necessarily going to sell these lots to two different parties. MR. BRUER: There are no buyers at this time. It could It could be that the whole piece might go to one person. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -13- May 2, 1974 After investigation and inspection the Board finds that applicant requests permission to divide and set off lots with existing buildings with less than required width and area on premises located on the south side of Main Road, East Marion, New York. The findings of the Board are that this division of property recognizes an existing situation and is the only feasible way to divide. The applicant has furnished a minor subdivision of 6.7 acres and will be limited to five residential structures on the four lots. Both the Planning Board and the Appeals Board have considered the division of this property before. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Lucille Mosback, Rose Hill, North Carolina, be GRANTED permission to divide and set off lots with existing buildings with less than required width and area on premises located on the south side of Main Road, East Marion, New York, as applied for, subject to the following conditions: That the property shall be divided approximately in half areawise and the division shall preserve the sidelines as equitably as possible, the existing garage to go to either the southerly or the northerly cottage. e This approval is subject to receipt of a survey indicating the proposed division; and subject to approval of the Board of Appeals of the division of property. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Huls~, Doyen. Southold Town Board of Appeals -14- May 2, 1974 PUBLIC HEARING: Appeal No. 1894 - 8:30 P.M. (E.D.S.T.), upon application of Robert Davis & Wf, Peconic Bay Blvd., Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule, for permission to use existing lot for one family dwelling with insufficient sideyard area. Location of property: S/S Sound Avenue, Mattituck, New York, bounded north by Sound Avenue; east by (now or formerly) O. Daviault; south by Mattituck Realty; west by R. Demchuk. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits 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? MR. ROBERT DAVIS: It is my application. THE CHAIRMAN: Are you going to run it across? MR. DAVIS: I am going to run it lengthwise. It is 26' by 44' in depth. According to the Ordinance it would be 35' from the front line. THE CHAIRMAN: At the time the County divided this lot they took De Vault's property and put a line down the middle and sold off the adjoining 50 feet. MR. DAVIS: There are just two lots. He bought two lots originally. THE CHAIRMAN: How far back do you propose to put the house? MR. DAVIS: About 100 feet. THE CHAIRMAN: The new setback requirements would be 50 feet so all you need from us is a variance for sideyards as you want to build a 26' wide house. MR. DAVIS: I had in mind a 10 foot sideyard and a 14 foot sideyard to allow for a driveway. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -15- May 2, 1974 After investigation and inspection the Board finds that applicant requests permission to use existing lot for one family dwelling with insufficient sideyard area on premises located on the S/S Sound Avenue, Mattituck,New York. The findings of the Board are that applicant has an undersized lot as a result of an action taken by the County in approxi- mately 1968 or 1969. ~The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Robert Davis & Wf, Peconic Bay Blvd., Mattituck, New York, be GRANTED permission to use existing lot for one family dwelling with insufficient sideyard area on premises located on the S/S Sound Avenue, Mattituck, New York, as applied for, subject to the following conditions: That applicant's house be placed on the property no closer than 10 feet on the westerly side and no closer than 14 feet on the easterly side of the property. That applicant's house be no closer to the street than the prevailing setback established by existing houses. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -16- May 2, 1974 PUBLIC HEARING: Appeal No. 1895 8:40 P.M. (E.D.S.T.) , upon application of Edward and Flauia Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard area. Location of property: S/S Sound View ROad, Orient, Lot No. 27, Section I, Orient-by-the-Sea, Orient. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting ~O its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. CLARENCE POWELL: I came here in Mr. Grebinar's behalf. He is in New England. THE CHAIRMAN: How big is the addition? MR. POWELL: 14' x 24'. His side yard is 20 feet on the west side. The new garage would be offset so he could get a window for ventilation. Setting the garage back 6' or 8' the window would be in front of the new garage door. THE CHAIRMAN: Is there anyone who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to turn present garage area into living quarters and add on additionfor new garage with insufficient sideyard area on premises located on the south side of Sound View Road, Orient, New York. The findings of the Board are that the lots in the Orient=by-the-Sea subdivision are basically 12,500 sq. ft. lots. The sum of the'sideyards will exceed the original sideyards at,he time the subdivision was laid out. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -17- May 2, 1974 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RE~OLVED, Edward and Flauia Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York, be GRANTED permission to turn present garage area into living quarters and add on addition for new garage with in- sufficient side yard area on premises located on the south side of Sound View Road, Orient, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1897 8:50 P.M. (E.D.S.T.) upon application of Emily R. Mather, Bayer Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide lot with insufficient frontage and area. Location of property: Bayer Road and Grand Avenue, Mattituck, Lot Nos. 53, 43, 44, 77 and 76 "Mattituck Heights", Mattituck, New York. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits 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? GARY OLSEN, ESQ.: I would like to speak in behalf of Emily R. Mather. As you can see from the sketch which I am submitting now, the applicant owns lots which are contiguous. The numbers on the application should read: "Nos. 53, 54, 55, 77 and 76" instead of "53, 43, 44, 77 & 76" For the record: The application has been amended to read as above. MR. OLSEN: My clients would like to build a retirement home on Lots 76 and 77 which doglegs off Lots 53, ~4 and 55. There are a number of instances in the area where an indivi- dual owns two lots together. Tkere are a lot of houses on Bayer Road. Lots 56, 57 and 58 are owned by the same individual; 59 and 60 are owned by the same individual; 37 and 38 - same in dividual; 36 and 35 - same individual -.~ Lot No. 34 is in single and separate ownership. Lots 72 and 73 are owned by the same individual; 39 and 40 - same individual; Lot No. 41 is in single and separate ownership. Lots 43 and 44 are owned by the same in dividual. On one side of my client's house, Lots 51 and 52 are owned by the Southold Town Board of Appeals -18- May 2, 1974 same individual. The bulk of the surrounding property would be in keeping with the variance as requested. What is unique is that it is almost an "L" shape. The rest of the subdivision runs around it. To the south of No. 76 is an area designated as low land that will probably never be developed. Lot No. 82 is in single and separate ownership, so, it would seem that granting the variance would not drastically change the character of the neighborhood. It would be more in keeping with the neighborhood. If the variance were not granted, the applicant would end up with an oversized parcel, part of which is vacant and serves no practical purpose. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient frontage and area on Bayer Road and Gradd Avenue, Lot Nos. 53, 54, 55, 77 and 76 "Mattituck Heights" , Mattituck, New York. The findings of the Board are that the properties which will be created will be larger, in most instances, that the surrounding properties in "Mattituck Heights" The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Berqen, seconded by Mr. Grigonis, it was RESOLVED, Emily R. Mather, Bayer Road, Mattituck, New York, be GRANTED permission to divide lot with insufficient frontage and area on Bayer Road and Grand Avenue, Lot Nos. 53, 54, 55, 77 and 76, "Mattituck Heights", Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulee, Doyen. Southold Town Board of 'Appeals -19- May 2, 1974 PUBLIC HEARING: Appeal No. 1898 - 9:10 P.M. (E.D.S.T.-), upon application of Agway, Inc., YounH's Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Sec.. 100-60 C - 3 (a) (b) (c) for ~permlsslon to erect combination roof and ground sign in excess of 16 foot height require- ment. Location of property: Young's Avenue & Private Road, Southold, bounded north by G. Minor and others; east by Young's (RR Ave.); south by R. Houston & Others; west by Ahler & Hellman. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits 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? MR. JOHN G. BONNOR: We are going to remove the Lipco sign which is on the top. (Mr. Bonnor showed sketch to the Board). The Lipco sign is just above the roof line. THE CHAIRMAN: You would leave the structure there but take the sign off. MR. BONNOR: The new sign would set on the overhang. It would be about 12" above the parapet. MR. ROBERT BERGEN: Is this going up parallel to the building? MR. BONNOR: The sign would face south toward the railroad track., the pillar juts out now 5 feet from the gulley. The size is 24" x 49" THE CHAIRMAN: This would be within the prescribed limits for a wall sign in total square footage but would project higher than is allowed. You won't need any other sign on the ground? MR. BONNOR: No. THE CHAIRMAN: You will not extend over anyone else's property line? MR. BONNOR: No. Southold Town Board of Appeals -20- May 2, 1974 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to erect combination roof and ground sign in excess of 16' height requirement. Location of property: Youngs Avenue & Private Road, Southold. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the ~mmediate vicinity of this property and in the same use dwstrict; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mro Grigonis, seconded by Mr. Hulse, it was RESOLVED, Agway, Inc., Young's Avenue, Southold, New York, be GRANTED permission to erect combination roof and ground sign in excess of 16' height requirement on property located at young's Avenue, Private Road, Southold, New York, as applied for, subject to the following conditions: 1. That the structure s~pp~ting the sign shall be no closer than 5 feet to any property line. 2. That the applicant agrees to forego the right to any ground sign. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1899 - 9:20 P.M. (E.D.S.T.), upon application of Charles Michel, Oakwood Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C, Section 100-32 for permission to erect accessory building in front yard area. Location of property: Oakwood Drive, Southold, New York, Lot No. 72, Cedar Beach Park. Fee paid $15.00. Southold Town Board of Appeals -21- May 2, 1974 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: There is nowhere else they can put it, and the people in the adjoining house have their garage in the front yard area. This will be compatible with neighboring properties. · HE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to erect accessory building in front yard area located at Oakwood Drive, Southold, New York. The findings of the Board are that the location of the accessory building as shown on the survey is the only feasible location. This location will also be compatible with the surrounding properties. 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 ~n the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. The Board agrees with the reasoning of the applicant. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Charles Michel, Oakwood Drive, Southold, New York, be GRANTED permission to erect accessory building in front yard area at Oakwood Drive, $outhold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -22- May 2, 1974 Mr. Peter Dohrman came in for an informal discussion of the Harold Wohl appeal. Mr. Wohl has a series of retaining walls; the useable area of the lot is very small. The Chairman told Mr. Dohrman that the Board had looked at the property again after a visit from Mr. Wohl. Mr. Dohrman said. that what we will have , in effect, if we build to specifications is a gap between the retaining wall and the deck, and Mrl Wohl has a new baby that he is worried about. The retaining~wall is 3' from the property line and he is hoping to get a variance to get an additional 2 feet. To adhere to 5 feet, we would ha~e a gap of 2 feet. Even with a railing around Mr. Wohl is concerned that he would have to put up some type of partition to avoid having people fall down 8 feet and that partition would cut down on his and his neighbor's view~ ~he Chairman said that our objection is that there is such a small side yard and Mr. Wohl should preserve some side yard. Mr. Dohrman said that the property falls off. The Chairman told Mr. Dohrman that the Board would take a third look at the property. Mrs. Lorraine Terry was present and had an informal dis- cussion with the Board regarding Orient Point. Mr. Ihar also came in for an informal discussion with the Board. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated April 11, 1974, be approved as submitted, subject to minor correction. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, The following Sign Renewals were reviewed and approved: Lions Club of Mattituck (2) Crescent Beach Motel Albertson Marine, Inc. George Mellas Valentine Ruch IV Southold Town Board of Appeals -23- May 2, 1974 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 7:40 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Leonard Trapido, 117-01 Park Lane South, Kew Gardens, N. Y., for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition to dwelling with insufficient sideyard. Location of property: S/S Carrington Road, Lot 395, Nassau Point, Cutchogue. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:50 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Paul & Jacqueline Kelly, 101 Wallace Street, Freeport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with in- sufficient width and area. Location of property: N/S Private Road, W/S Camp Mineola Road, Mattituck, bounded north by Folly Beach Ltd. and Allen; east by B. Snyder; south by Private Road; west by B. Hart. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -24- May 2, 1974 On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), May 23, 1974, at the Town office, Main Road, Southold, New York, as the time and place of hearing upon application of Peter Dohrman a/c HarOld Wohl, Smith Road, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31, 100-32 and Bulk Schedule for permission to construct deck with insufficient side and rear yard. Location of property: east side Oak Street, Cutchogue, Lot 9's 24 and 1/2 of 25, Eugene Heights, Mattituck. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon a~plication of Norbert Rademacher, 1 Douglas Terrace, Woodcliff Lake, No J., for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31, "A" & "B" Bulk Schedule, for permission to rent dwelling and reserve apartment for own use in "A" District. Location of property: North side Oak Avenue, Lot ~'s 301, 302, 303, Goose Bay Estates, Southold. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis~ Hulse, Doyen. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:25 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Hener B. Agnew, 200.Arnold Avenue, W. Babylon, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (3) and Section 100-32 for permission to construct private garage in front yard area. Location of property: S/S Sandy Beach Road, Greenport bounded north by Sandy Beach Road; east by A. Kevowntgis; south by Sterling Creek; west by B. Haley. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -25- May 2, 1974 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:40 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of John & Katherine Frosina, Oaklawn Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide and set off lot with insufficient frontage and area. Location of property: S/S Jockey Creek Drive, Southold, bounded north by Jockey Creek 'Drive; east by other land of applicant; south by Jockey Creek; west by John O'Keefe. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:50 P.M. (E.D.S.T.)., May 23, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Bage Construction Co., Inc. a/c Marshall Hansen, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to reduce side yard with insufficient side yard area. Location of property: Ships Drive, Lot 13, Map of Bayview Woods (95520) Southold, New York. Vote of the Board: Ayes:- Mesrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M. (E.D.S.T.), May 23, 1974, at tke Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Mary and John Capetluto, 90 Genessee Drive, Commack, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property into two lots, one of which will have .less than required width. Location of property: North Sea Drive to Sound View AvenUe, Southold, bounded north by North Sea Drive; east by Kullman & Jennings; south by Sound View Avenue; west by A. Stollmeyer. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -26- May 2, 1974 On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 9:10 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Robert R. Annison, 6010 Sound View Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VIII, Section 100-80 and Bulk Schedule for permission to construct building with insufficient sideyards and parking requirements. Location of property: Lot ~156, Amended Map "A", Peconic Bay Estates, E/S Main Road (Rt. 25), Arshamomaque, Greenport. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:20 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold~ New York, as the time and place of hearing upon application of Frank Cichanowicz III, Cutchogue, New York, for a special exception in accordznce with the Zoning Ordinance, Article III, Section 100-30 B-8 for permission to house agricultural help. Location of property: Indian Neck Lane, Peconic, bounded north by Mahnken & Pontino; east by Indian Neck Lane; south by Geiger; west by Koraleski. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 9:30 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Tony Stefanini, Equestrian Avenue, Fishers Island, New York for a variance in the Zoning Ordinance, Article III -Section 100-30 and Bulk Schedule for permission to divide lot with existing dwellings with in- sufficient width and area. Location of property: S/S Equestrian Avenue, Fishers Island, bounded north by Equestrian Avenue; east by R. Foyle; south by Midlothian Avenue; west by Midlothian Avenue. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -27- May 2, 1974 RESOLVED that the Southold Town Board !of Appeals set 9:40 P.M. (E.D.S.T.), May 23, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon.application of Leon Schor a/c Boathouse Restaurant, Manhanset Avenue, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for permission to erect off- premises direction sign. Location of property: S/S Route 25 and W/S Manhanset Avenue on property of William Pollert, Greenport, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. The meeting was adjourned at 10:30 P.M. Respectfully submitted, rio McDermott, Secretary Robert W. Gillispie, Jr.,