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HomeMy WebLinkAboutZBA-04/11/1974 Soutfiold Town Board of Appeals SOUTHOLo, L. I., N.Y. 119'71 Telephone 765-~660 APPEAL BOARD MEMBER Robert W. Gill~spie, Jr., Chairman Robert Bergen Charles Grigonis~ Jr. Serge DOyen~ Fred Hulse~ Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS April 11, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E,D.S.T.), Thursday, April 11, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr. Absent: Mr. Fred Hulse, Jr. and Mr. Serge Doyen, Jr. THE CHAIRMAN: The decision of the Board on Appeal No. 1877, application of Joseph W. Petrauskas, Mill Street, Mattituck, New York was postponed to tonight's meeting at 7:30 P.M. We have been awaiting word concerning the progress of this application. MR. COSTANZA (appearing for Mr. Petrauskas): iThere has been no great progress. I am waiting for my incOme tax refund to come back. Mr. Petrauskas and I are each going to pay half on the trailer. He had the water on his~ property analyzed last week and it's okay. THE CHAIRMAN: When we postponed decision on FebruarY 28th, we aSked that the applicant bring in all papers concerning cesspools and well. MR, COSTANZA: Mr, Petrauskas'called up about cesspools and the gentleman would not issue another certificate, You can't read the one that's on the windOw. Southold Town Board of Appeals -2- April 11, 1974 THE CHAIRMAN: Why won't he issue another certificate? MR. COSTANZA: I heard Mr. Petrauskas talking on the telephone but I don't knoW ~he reason Why he can't get a new certificate. The gentleman in the Riverhead office said he was going to call this office. THE CHAIRMAN: I would suggest you check with the Building Inspector, Mr. Terry. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals post- pone decision on Appeal No. 1877, application of Joseph W. Petrauskas, Mill Street, Mattituck, New York, ~ntil 7:30 P.M. (E.D.S.T.), Thursday, May 2, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No. 1884 - 7:45 P.M. (E.D.S.T.), upon ~pplication of Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: east side of Boisseau Avenue, bounded north by J. Carroll & Ano.; east by J. Carroll & Yennecott Park; south by Yennecott Park; west by Boisseau Avenue. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a varlance, legal notice of hearing, affidavits attesting to its publication in the official newspapers and notice to the applicant. MARY E. WHEELER: Referring to the Reason for Appeal as read by the Chairman, I bought both of the lots as "purchaser" rather than "devisee". RUDOLPH BRUER, ESQ.: The point being made is that it was conveyed from the Estate at that time. MARY E. WHEELER: Mr. Edson did not ask me how I got it. I was an executor but it did not come through a Will. It was to be sold. Southold Town Board of Appeals -3- April 11, 1974 RUDOLPH BRUER, ESQ.: The main thrust of the application is true. The question involves merger of title which occurred through Executor's Deed which was passed on through one instrument. The original Deed went from Mrs. Wheeler as executor conveying both pieces of property to herself, individually. Whether it was through a Will or came through purchase of the Estate, the argument of the applica- tion is correct. It was a technical merger. It was not intended to be a merger of property at that time. The adjoining piece was purchased at the time when the Yennecott subdivision was made. At no time was it intended that there be just one lot. The purpose now is that Mrs. Wheeler would like to convey it to her son and daughter-in-law. THE CHAIRMAN: I don't think that the wording of the application affects the intention. So, in effect, we have one parcel of approximately 40,000 sq. ft. and one which is a little over 20,000 sq. ft. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I am an attorney from the office of Lefferts P. Edson. We have here two pieces of property owned by a particular individual, Mrs. Wheeler. They were obtained from an Estate through two different sources of title. Conveyance was made by Mrs. Wheeler, as executor, to herself. Parcel One and Parcel Two were conveyed to herself in 1967. When the Zoning Ordinance changed there was a technical merger of two pieces of property into one. The intent was to keep it as two pieces. Our request is that the property be separated to allow Mrs. Wheeler to convey the smaller portion to her son and daughter-in-law. THE CHAIRMAN: It seems that Mrs. Freeman purchased this property as a buffer. MRS. WHEELER: I have no idea. I would have thought it was before Yennecott. I was under the impression that it came from H. Tuthitl. THE CHAIRMAN: Mrs. Freeman purchased it separately. MR. BRUER: It came from two separate sources. It was two separate parcels purchased at separate times. MRS. WHEELER: I paid taxes on two parcels. Southold Town Board of Appeals -4- April 11, 1974 MR. BRUER: I think many of the properties in the neighborhood are smaller in size so it would not destroy the character of the neighborhood. 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.) After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient width and area on the east side of Boisseau Avenue, Southold. The findings of the Board are that the two parcels were acquired at separate times prior to 1971 when the minimum lot size of the Ordinance was in- creased to 40,000 sq. ft. The Board also finds that properties largely surrounding these two properties are composed of one half acre lots known as Yennecott Park. The Board agrees with the reasoning of the applicant. The Board finds that strict application~,of the Ordinance would produce practical difficulties or un- necessary 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. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southold, be GRANTED permission to divide lot with insufficient width and area on the east side of Boisseau Avenue, Southold, subject to condition that Parcel 1 and Parcel 2 shall revert to the original dimensions as indicated on sketch. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -5- April 11, 1974 PUBLIC HEARING: Appeal No. 1885 - 8:00 P.M. (E.D.S.T.), upon application of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permission to redivide property with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Weymouth II; east by E. Heacock & Wf; south by Cedar Beach Road; west by Paradise Point Orad. 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: The original submission of this application was to use 40,000 sq. ft. of this plot for his house lot and the remaining 70,000 sq. ft. would be divided into two 35,000 sq. ft. lots. Insofar as our Zoning Ordinance is concerned, there is a gray area as to who he should apply to first, the Planning Board or the Appeals Board because it is more than two parcels. We.approved the division of the property (two 35,000 sq. ft. lots and one 40,000 sq. ft. lot) and sent it to the Planning Board for their approval. The Planning Board has approved the survey of Van Tuyl dated March 12, 1974 showing two lots of approximately 40,000 sq. ft. each, and one of 30,903 sq. ft. on which the applicant's house and garage are located. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) DR. JERRY J. CALLAS: You speak of Cedar Beach Park. THE CHAIRMAN: They are across the street from this property, about 10 or 12 lots of approximately one quarter acre. As I understand it, Mr. Pisacano purchased this house first and there is a mortgage on the house. Then he purchased separately the vacant land toward the corner of Paradise Point Road and Cedar Beach Road. I believe this was mortgaged to the original seller at a fairly low rate. We divided this vacant land which he was told was five lots. It comprised about 70,000 sq. ft. We suggested that Van Tuyl draw it this way (the Chairman drew a rough sketch) and cut it in half, 35,000 sq. ft. each. I believe the Planning Board suggested he jog this (indicating sketch)and add a piece of the property that has the house on it to the total vacant land, making the two lots 40,000 sq. ft. each. It also involved different financing. Apparently it's all been worked out. Across the street there are a lot of very small lots. Southold Town Board of Appeals -6- April 11, 1974 DR. CALLIS: My question is really, will those lots across the street stand as they are? Will they require any rezoning? THE CHAIRMAN: They are already divided and the area is mostly built up. That would not affect the vacant lot. The reason you have a Board of Appeals is for situations like this. In a 300 year old community with miles and miles of shoreline, we constantly run into problems. We have a 40,000 sq. ft. Ordinance. In the case of the application of Mary E. Wheeler which we lust acted upon, the lady would be stuck with a 60,000 sq. ft. lot. She bought a half acre as a buffer to Yennecott. A reason we gave for granting is the size of the Yennecott lots. It is hard to require an acre of land when the surrounding lots are a half acre. We have had people in here with 30' wide and 2,000' deep properties. Planners can't cover everything, and not everything fits this broad pattern. 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 redivide property with insufficient area located at Cedar Beach Road, Paradise Point Road, Southold, New York. The findings of the Board are that applicant has complied with the requirements of the Planning Board. 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, Gasper Pisacano, Cedar Beach Road, Southold, New York, be GRANTED permission to redivide property with insufficient area located at Cedar Beach Road, Paradise Point Road~ Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -7-~ April 11, 1974 PUBLIC HEARING: Appeal No. 1886 - 8:15 P.M. (E,D.S.T.), upon application of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B 8 (a), for permission to renew labor camp permit. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward Latham. Pee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, 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? (There was no response.) THE CHAIRMAN: This is exactly the same as last year; for seasonal use. MRS. LORRAINE TERRY: It's very well taken care of. Is there anything in the Ordinance about boundaries being away from other residences? The Chairman read from the Ordinance "shall not be nearer to any other residence than the residence of the employer except by specific review and approval of the Board of Appeals". 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 renew farm labor camp permit for labor camp on south side of Main Road, Orient, New York. The Board finds that the labor camp is in good condition and agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals -8- April 11, 1974 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Lloyd Terry, Main Road, Orient, New York, be GRANTED permission to renew farm l~bor camp permit for labor camp located on the south side of Main Road, Orient, New York, as applied for, subject to all Board of Health and other legal requirements. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No. 1887 - 8:30 P.M. (E.D.S.T.), upon application of George L. Penny IV, Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law, Sec. 280A, Sub 3, for approval of access to interior lot. Location of property: south side Sound View Avenue, Southold, bounded north by Sound View Avenue; east by D. R. Grattan; south by D. R. Grattan; west by Robert Bayley. 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: The application is accompanied by a survey by R. A. Kart surveyed for William Kreitsek on March 14, 1972 which indicates that the property we are discussing has a frontage of 390' on Sound View Avenue. THE CHAIRMAN: The question the Board has is on the pond and the low area. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. GEORGE L. PENNY IV: (Referring to survey) This part is useless. This is the low area.- This interior lot would get good high ground and good access. THE CHAIRMAN: If you sell this lot of 52,000 sq. ft., how many square feet does that leave on the road lot? MR. PENNY: Over 50,000 sq. ft. It's better than an acre. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -9- April 11, 1974 After lnvestigat±on and inspection the Board finds that applicant requests approval of access to interior lot. The access to the northerly portion of this property would be by 15 foot right of way parallel to the easterly property line of Sound View Avenue and approximately 376 feet long. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or necessary 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 th~ spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, George L. Penny Iv, Sound View Avenue, Southold, New York, be GRANTED approval of access to interior lot, as applied for, subject to the following condition: That the right of way shall be suitable for the ingress and egress of emergency vehicles, and shall be subject to the approval of the Building Inspector. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No. 1888 - 8:45 P.M. (E~D.S.T.), upon application of Paul & Michele Cusumano, Fleetwood Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31~and Bulk Schedule for p~rmission tc use existing strUcture for additional living space with insufficient sideyard~. Location of property: Fleetwood Road, Cutchogue, New York, bounded north by Fleetwood Road; east by Fleetwood Road; south by E. Hansen; west by H. Meyer. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal not~c~ of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -10- April 11, 1974 THE CHAIRMAN: The proposal is to convert the existing garage. The house is too small for the applicants and they propose to attach the renovated garage to the present existing house. One feature of this is that the present house is substandard as to size. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. PAUL CUSUMANO: The dimensions are 21' x 23'. The garage would not change any of the outside dimensions and I think, architecturally, it would look pleasant. It has a gambrel roof which is pitched sort of like a ~arnH~ THE CHAIRMAN: You are not going to enlarge the garage? MR. CUSUMANO: It might go upward a bit. THE CHAIRMAN: You would then have one large bedroom on the second floor and three smaller bedrooms on the first floor. Will the breezeway be enclosed? MR. CUSUMANO: Yes sir. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? ~ (There was no response.) THE CHAIRMAN: One thing that might be pointed out is that the land to the north and east slopes away from the house and there are some beautiful trees here. After investigation and inspection the Board finds that applicant requests permission to use existing structure for additional living space with insufficient side yard located on Fleetwood Road, Cutchogue, New York. The findings of the Board are that applicant is in possession of two buildings, a garage and a house. The size of the house is approximately 480 sq. ft. Applicant proposes to combine the house and garage without altering the dimensions of either building and connect them with a breezeway. He also pro- poses to raise the garage so as to have a bedroom on the second floor and three small bedrooms on the first floor. This proposal will not change the present reduced side yard. 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 al~ 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 -11- April 11, 1974 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Paul and Michele Cusumano, Fleetwood Road, Cutchogue, New York, be GRANTED permission to use existing structure for additional living space with insufficient side yard on property located on Fleetwood Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No. 1889 - 9:00 P.M. (E.D.S.T.), upon application of Edwin W. Stewart, 20 Carole Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Chapter 100, Section 100-32B, for per- mission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by Arshamomaque Pond; south by Arshamomaque Pond; west by Carole Road. 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 CHAIRFLAN: I might say that the applicant has chosen the only feasible place for an accessory building. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. EDWIN W. STEWART: I think the application speaks for itself. I'~eiieve you noted from the position of the house on the lot that it is the only feasible place. We really need a storage area. THE CHAIRMAN: We talked to your neighbor and he approves of it. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) SQuthold Town Board of Appeals -12- April 11, 1974 After investigation and inspection the Board finds that applicant requests permission to locate accessory building in side yard with insufficient area to property line. The findings of the Board are that applicant has chosen the only feasible location for an accessory building, which is not attached to the house. The applicant's legal front yard is the area toward the road, and the easterly and southerly exposures are on the pond. 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 immedi= ate vicinity of this property and!~in the same use district; and the variance will no~ 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, Edwin W. Stewart, 20 Carole Road, Southold, New York, be GRANTED permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigoniso PUBLIC HEARING: Appeal No. 1890 - 9:15 P.M. (E.D.S.T.), upon application of Harvey F. Bagshaw, Deephole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance,-Article VII, Section 100-70 B (4) for permission to use building as auto repair (body shop). Location of property: Sound Avenue, Mattituck, bounded north by North Fork Bank; east by Love Land; south by Sound Avenue; west by Episcopal Church. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -13- April 11, 1974 The Chairman read the following letter dated April 10, 1974, received from Mr. Raymond Nine, Chairman, Board of Trustees, Mattituck Presbyterian Church. "Gentlemen: It has been brought to the attention of the Board of Trustees of the Mattituck Presbyterian Church that on April ll, 1974, a public hearing will be held on the application of Harvey F. Bagshaw, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance for permission to use a building on Sound Avenue, Mattituck, as an auto repair shop. This letter is not to approve or disapprove of the matter but to request that if the Zoning Board should approve the application, it consider the following restrictions: 1. The building and grounds be kept clean. 2. No cars for repair be left on the street. No extrme noise be made during church services (Episcopal Church of the Redeemer and Mattituck Presbyterian Church)." THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HARVEY F. BAGSHAW: I have a copy of a lease that Mr. Wickham has drawn up. It states that I will have to put up a fence on the north side of the building to hide anything that might be stored there. (Anything that I would do there would improve it). It also states that I should not interfere with any church functions.., also, cleaning and maintaining building and grounds so it will present a tidy appearance; stockade fence to the north of the building. Insurance policy in the amount of $100,000 in respect to any one accident... $10,000 property damage. Also, not to interfere with functions or services of the Episcopal Church or any neighbor. I talked to the Reverand and told him we would not be working on Sundays and if they had any function during the week we could gear ourselves to ito If there were a wedding on a Saturday morning, we would stand outside and watch the wedding. It's a year's lease. I don't want to be there more than a year. The Chairman read from the Zoning Ordinance, Section 100-70 B (f) "No motor vehicle sales, used car lots, gasoline service or repair shops or similar businesses Southold Town Board of Appeals -14- April tl, 1974 are to be located within 300 feet of a church, public school, library, hospital, orphanage or a r~st home, nor within 300 feet of any residence district." THE CHAIRMAN: If that was a body repair shop three or four years ago, it doesn't necessarily mean you could have a body repair shop now by right.V If it is abandoned for more than two years the use does not remain. If it were granted there would have to be a one year proviso. It is something tha~ should be checked every year. If it became a nuisance, it'would not be renewed. / MR. BAGSHAW: I have an architect who is drawing plans for a new building. I have not purchased the property yet. THE CHAIRMAN: The restrictions in the Ordinance are standard for public garages, service stations, and new and used car lots. Yours is a little different classification as it's a body shop. MR. BAGSHAW: You could call it a repair shop THE~CHAIRMAN: Is there anyone present who wishes to speak against this application? MARY TUTHILL and RICHMOND CORWIN, Jr.: We are here to speak against it. MR. CORWIN: At a special meeting of t~e Episcopal Church of the Redeemer, we voted to request tha~ you turn down this variance. We are concerned ~bout noise and fumes and note that the stockade fence will only be on the north side and not on the west side. We are concerned about the affect on our property. The services of the church are not limited to Sunday. During Lent there are services on varying days, quite often two or three times on Wednesdays. Depending on the time of year, there are many meetings that go on at the church. THE CHAIRMAN: Are there daily meetings? MR. CORWIN: Sometimes seven times a week. MRS. TUTHILL: It is within 300 feet of the Presbyterian Church as well. Southold Town Board of Appeals -15- April 1t, 1974 MR. BAGSHAW: I will work hand and hand with them. I won't interfere with the Episcopal Church; 300 feet is quite a long distance. Actually the place, right now, is an eyesore. We would have to repair the building, clean the landscape a little, and clean out trees and brush. After I move out, you will have a place that is painted with the windows repaired and the doors fixed. THE CHAIRMAN: Is most of your work done on the inside? MR. BAGSHAW: Yes. Sometimes I will have something waiting for parts. If there is a long wait, I will put the car on my friend's farm. THE CHAIRMAN: Suppose you had four cars in the building that you were working on, and then got a fifth one. MR. BAGSHAW: I would have to erect a fence in the back so we could hide it. THE CHAIRMAN: Ail wrecked cars look pretty much the same. We try to clear up gas stations. One man had junk at the back of his station. When we questioned him about it, he said "what do you mean, junk? All the cars run." THE CHAIRMAN: Does anyone wish to rebut any of the remarks that have been made by the applicant? MR. CORWIN: It's just human nature.., and my own experience having worked with cars all my life is that what's going to be done today ends up being done next year. With reference to the building having been used for the same purpose, it's been over 20 years since that building has been used for an auto repair shop. MR. BERGEN: Charles Price had a warehouse for boats. MR. CORWIN: The auto repair use goes back many years. MR. BERGEN: But it was originally built for a garage. THE CHAIRMAN: It's "B-i" zone. Some other kind of business might go in there. MR. CORWIN: We allowed the hedge to grow. It is out of view from the front and in the back it is overgrown so you don't see anything. Southold Town Board of Appeals -16- April tl, 1974 THE CHAIRMAN: As I recall it, there is a cemetery across the street, the Presbyterian Church is southeast across the street. Is~there a vacant house next to this to the east? MR. BAGSHAW: Yes. THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to use building as auto repair (body shop) located on Sound Avenue, Mattituck. The findings of the Board are that the type of use is not compatible with the activities of the church. It would affect many people in the community. It is specifically recommended in the Ordinance that body shops, repair shops and gasoline service stations not be permitted within 300 feet of a church, library, rest home, etc. The Board finds that because it adjoins a church, it is an incompatible use. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Harvey F. Bagshaw, Deep Hole Drive, Mattituck, New York be DENIED permission to use building as auto repair (body shop) on Sound Avenue, Mattituck, New York, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -17- April 11, 1974 PUBLIC HEARING: Appeal No. 1891 - - 9:30 P.M. (E.D.S.T.), upon application of Fogarty Incorporated, Box 1000, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) (1) to maintain sign of excessive size. Location of property: 7055 Main Road, bounded on the north by Long Island Railroad, east by D. Tuthill; south by Main Road; west by W. Ritzer. 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. DANIEL A. FOGARTY: I own the building now and I painted it up when I painted the sign on the side of the building. I tried to match it. It is unobtrusive and easily readable. I have photographs to prove it. It's in keeping with the spirit of the law in not being vulgar. I think that ks why you have the law, so siqns won't be garish. That's the terminology in the city of New-York. THE CHAIRMAN: I don't recall the word "vulgar" - but there was a chap in Hauppauge who spoke of "visual pollution" We have spent a lot of time to devise ways and means to control signs in the Town of Southold. It's one of the few places in the United States where you don't see large bill- board signs.of national advertisers. This sign of yours simply exceeds what you are permitted on the face of a building. You are permitted 64 sq. ft~ and your sign works out to 93 1/2 sq. ft. This is a self-imposed hardship. MR. FOGARTY: I brought a new.business into town. It's a clean business. I cleaned up the building and the back area and there is more to be done. THE CHAIRMAN: It will have to be reduced to 64 sq. ft~ I don't know how you want to do that. You might wipe out "Sales, Service, Repairs and Parts". You have that on the standing sign on the street. MR. FOGARTY: How much time do I have to do it? Southold Town Board of Appeals -18- April 11, 1974 THE CHAIRMAN: I think you did this without talking to the Building Department. I think you should talk to Mr. Terry to see how you can retrieve most of the sign... in other words, salvage something out of it. We could not act favorably on a variance to give you an over-sized sign when it is not allowed in the Town. MR. FOGARTY: There are a lot of over-sized signs in Town. THE CHAIRMAN: I don't know of any we have granted here and we have eliminated a lot of old ones. I suggest you check with the Building Department and find out how you can do something with the least damage to yourself. We generally try to give an applicant sixty days to comply. 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 maintain sign of excessive s~ze at 7055 Main Road, Mattituck. The findings of the Board are that applicant's sign is much larger than the requirements of the Ordinance, and applicant is directed to make the wall sign conform to the Ordinance. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship~ the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Fogarty Incorporated, Box 1000, Main Road, Mattituck, New York, be DENIED permission to maintain sign of excessive size at 7055 Main Road, Mattituck, as applied for, for the reasons stated; and the applicant is directed to make wall sign conform to the Ordinance of the Town of Southold within sixty (60) days from this date, April 11, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -19- April 11, 1974 PUBLIC HEARING: Appeal No. 1892 - 9:45 P.M. (E.D.S.T.), upon application of North Fork Baptist Church, Route 27A, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (2) (3) (4) (6) (7) for permission to expand the present ministry to include a youth hostel. Location of property: Route 27A, Mattituck, bounded on the north by Horton Avenue & W. A. Kaiser; east by C. Sanders & C. Born; south by County Road 27; west by J. Haas. The Chairman opened the hearing by reading the applica- tion for a special exception, 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? PASTOR GEORGE ALEXANDER: We have a great interest among our people to provide a service as we have been watching an increasing number of bicyclists passing us on Route 27. We contacted the AYH and learned that there is no provision on Long Island for bicyclists to stay overnight. I understand that Suffolk County has opened some of the parks for bicyclists to stay. I talked to a gentleman who had applied to Suffolk County Parks to use their facilities but because he was from Massau County that is a different ball game. We feel our facilities would provide a good place for young and old cyclists to stay and it would be a good presentation of Southold Town to have the only hostel in this area. We would confine it to AYH passholders. This is part of the agreement you make when you apply for a charter. THE CHAIRMAN: As I understand it, no one else could use the facilities except card holders. PASTOR ALEXANDER: They would have an opportunity to take out a provisional membership so they could use the hostel. THE CHAIRMAN: Could you supply them with that? PASTOR ALEXANDER: Yes. This is done to protect the organization, itself, and also individuals who maintain the hostel. I have been impressed with the high and strict standards of the organization. I think their standards are stricter than a lot of churches. Southold Town Board of Appeals -20- April 11, 1974 THE CHAIRMAN: That's what you have read but you have not seen the cyclists yet have you? PASTOR ALEXANDER: We have had three cyclists. THE CHAIRMAN: What you are applying for is overnight stays. PASTOR ALEXANDER: The AYH limits the time themselves. An individual may not stay more than three nights in any one hostel so no one individual would be allowed to stay more than three nights. There are many hostels in New England so people staying here could take the ferry to Connecticut. THE CHAIRMAN: We inspected the place this afternoon and the Building Inspector provided us with the information that you could furnish room for eight people in the Teen Centre and sixteen people in the church. That would be your maximum as far as overnight stays are concerned. I don't know whether the Board should be concerned with the length of time they stay. I just thought it would be a point of interest. THE CHAIRMAN: Does anyone else wish to speak for this application? MRS. AGNES OLDER: I don't know if you realize that this is a family thing. Sometimes you get a couple and their children. As you know, bicycling is the in thing now. We want to maintain the reputation of our church. MR. MARK BAILEY: There are certain rules you have to abide by. You have to be out of the hostel by 9:00 A.M. You can't go in until 4 o'clock in the afternoon. You are not perm itted to be in the hostel between 9 A.M. and 4 P.M. THE CHAIRMAN: How does this jibe with their being able to stay for three nights? PASTOR ALEXANDER: The people would leave the hostel and go sightseeing or go to the beach and come back at 4 o'clock. The local hostel can give permission to remain inside if it's raining or snowing but if it's not storming they are out at 9 A.M. Southold Town Board of Appeals -21- April 11, 1974 THE CHAIRMAN: They are all over Europe. I am just trying to cover the things that the Board of Appeals might be interested in. I think the question of chaperons is not one we should enter into. If you have the place full, what happens to your own teenagers who use the facilities? PASTOR ALEXANDER: With the opportunity to use the second floor for sleeping, that would allow us to have a sitting area on the first floor. I think it would be of value to our young people to meet the people coming through. THE CHAIRMAN: Do the travelers do their own cooking? PASTOR ALEXANDER: Yes, we provide the utensils. MR. DON GULLIKSEN: Young people of Southold Town are going out into other areas across the country and there are other people observing them. I think this is an opportunity for us to welcome them. If there is any behavior that would warrant it, the hostel has the right to take the privilege away. THE CHAIRMAN: I think we would not narrow it to card carrying members. That would be up to you. Nor would we want to get into the question of chaperons. The only thing that might concern us would be that we put a time limit on it so that we could rescind the approval if it doesn't work out. It is somewhat ex- perimental and something that we are not experienced in. However, it sounds like a great idea. THE CHAIRMAN: Does anyone wish to speak against this application? MRS. LORRAINE TERRY: May I ask a question? Are there facilities for showering? THE CHAIRMAN: T here are two bathrooms in the basement of the church, one in the teen center. MRS. TERRY: I am all in favor of it. I used to stop at youth hostels too. We slept on the floor or the ground. THE CHAIRMAN: Eight people can be accommodated in the Teen Center, and sixteen in another part of the church. Southold Town Board of Appeals -22- April 11, 1974 THE CHAIRMAN: We have further decided that we will not get into the question of male and female. How they occupy these facilities is the church's business. PASTOR ALEXANDER:¥ I would like to note for the record that the AYH has already given their approval to our facilities and if we make application for a charter they have agreed to issue the charter. THE CHAIRMAN: The members are card-carrying. PASTOR ALEXANDER: The AYH stipulates the fee. It costs $10 to get a card, and $1.00 per night at a hostel. This amount is put back into the hostel. People will write or telephone for reservations. THE CHAIRMAN: You retain the card if they misbehave and forward the card back to headquarters. Presumably that makes it difficult for them from then on. PASTOR ALEXANDER: This is a matter we have struggled with and we felt that at the beginning we would try it this way. In cases where a person needs a place to stay immediately, they can apply for a mini-card. There is an application for this. THE CHAIRMAN: It seems that everyone in the room is in favor of this. Is there anyone else present who wishes to speak for or against this application? (There was no response.) After,investigation and inspection the Board finds that the North Fork Baptist Church, Route 27A, Mattituck, New York, requests permission to expand the present ministry to include a youth hostel. The Church feels that with the growing interest in bicycling, hiking and camping there is a great need for reasonable overnight facilities in a well chaperoned atmosphere. The church's facilities have been approved by the American Youth Hostels, Inc. The findings of the Board are that no one else may use the facilities of the North Fork Teen Centre or the North Fork Baptist Church except pass-holders of the AYH. The Board finds that the North Fork Teen Centre has facili- ties to sleep eight persons, and the North Fork Baptist Church has facilities to sleep sixteen persons. The AYH rules stipulate that an individual may not be in a hostel after 9 A.M~ or before 4 P.M. except by special permission of the local youth hostel in the case of severe storms. An individual may not stay more than three nights in any one hostel. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -23- April 11, 1974 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, North Fork Baptist Church, Route 27, Mattituck, New York, be GRANTED permission to expand the present ministry to include a youth hostel, as applied for, subject to the following conditions: No more than 8 persons may be housed overnight in the North Fork Teen Centre; and no more than 16 persons may be housed overnight in the North Fork Baptist Church. 2. An individual may not stay overnight at the hostel for more than three consecutive nights. This permission shall be in effect from tonight's date, April 11, 1974, for two years until April 11, 1976 at which time it shall be reviewed by the Southold Town Board of Appeals. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Catharine & Roman Wilinski of Beach Lane, Quogue, came before the Board for an informal discussion regarding how to go about establishing a Nursery School. They own approximately three quarters of an acre of land on High Wood Road, off North Bayview and Cedar Drive, Southold where they wish to build a home and would like to have the Nursery School in their home. Mrs. Wilenski is a certified teacher who has worked in Irvington and Ossning, New York. She would not have more than 10 children, pre-school, from 3 years of a~e to just before kindergarten age. The Chairman said he would try to find out if it can be done, and how it can be done, and asked the Wilenski's to check back on May 23rd. Southold Town Board of Appeals -24- April 11, 1974 On motion by Mr. Gillispie, seconded bY Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated March 28, 1974, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Grigonis, seconded by Mr. Bergen, 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 2, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that a Rehearing of application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, be held at 7:45 P.M. (E.D.S.T.), May 2, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 7:35 P.M. (E.D.S.T.), May 2, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Stevan and Agnes Peggie Banick, Horton Point, (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-i12 B, C, D, G, H, Section 100-113 (3), for permission to build Southold Town Board of Appeals -25- April 11, 1974 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T.), May 2, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of Rehearing on motion of the Southold Town Board of Appeals of application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, for a variance in accordance 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. Luglio (formerly Orlowski). Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.D.S.T.), May 2, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Lucile 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, Jr.; south by Gardiners Bay; west by A. E. Parker & others. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -26- April 11, 1974 On motion by Mr. Bergen, seconded by Mr. Gr±gonis, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.D.S.T.), May 2, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Robert Davis & Wf, Peconlc Bay Blvd., Mattituck, New York, for a variance ~n 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 side yard area. Location of property: S/S Sound Avenue, Mattituck, bounded north by Sound Avenue; east by (now or formerly) O. Daviault; south by Mattituck Realty; west by R. Demchuk. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. 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 2, 1974, at the Town Office, Main Road, Southold, New. York, as the time and place of hearing upon application of Edward & 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 Avenue, Orient, Lot No. 27, Section I, Orient by the Sea, Orient, New York. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:50 P.M. (E.D.S.T.), May 2, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing 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 permis~sion 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -27- April tl, 1974 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was R~SOLVED that the Southold Town Board of Appeals set 9:10 P.M. (E.D.S.T.), May 2, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Agway, Inc., Young'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 permission to erect combination roof and ground sign in excess of 16 foot height requirement. Location of property: Young's Avenue & Private Road, Southold, Bounded north by G. Minor and others; east by Young's (RR) Avenue; south by R. Houston & others; west by Abler & Hellmann. Vote of the. Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillisple, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:20 P.M. (E.D.S.T.), May 2, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing 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. Locationof property: Oakwood Drive, SQuthold, New York, Lot No. 72, Cedar Beach Park. Vote of the Board: Grigonis. Ayes:- Messrs: Gillisple, Bergen, The meeting was adjourned at 11:00 P.M. e pectfully submitted, :  /Ql~ '_. Marjc~rie McDermott, Secretary Robert W. Gillispie, Jr., Chairman