HomeMy WebLinkAboutZBA-03/28/1974Southold Town Board of Appeals
$13UTHI3LD, L. I., N.Y. 11971
Telephone 765-2660
APPEAL BOARD
MEMBEFS
Roi)ed: V~/. Gillisple, Jr., Chairman
Robert Bergen
Charles Grigonis, Jr.
Fred Hulse, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
March 28, 1974
A regular meeting of the Southold Town Board of Appeals
was held at 7:30 P.M. (E.D.S.T.), Thursday, March 28, 1974,
at the Town Office, Main Road, Southold, New York.
There were present: Messrs: Robert W. Giltispie, Jr.,
Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.
Absent:' Mr. Robert Bergen and Mr.-Fred Hulse, Jr.
THE CHAIRMAN: The public hearings which we will hear
tonight were advertised for March 21, 1974 but because the
Board lacked a quorum on that date they were postponed until
tonight.
PUBLIC HEARING: Appeal No. 1882 - 7:30 P.M. (E.D.S.T.),
upon application of Stanley Fliss & Wf, Bray Avenue & Albo
Drive, Laurel, 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 divide lot with in-
sufficient width and area. Location of property: Bray
Avenue & Albo Drive, .Laurel, New York, bounded on the north
by Zimnoski; east by W. Brock; south by Albo Drive; west by
Bray Avenue. 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.
Southold Town Board of Appeals -2-
March 28, 1974
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MRS. STANLEY FLISS: I have the Deed to the property.
(Mrs. Fliss showed Deed to the Board).
THE CHAIRMAN: This is the parcel you are going to g~ve
your daughter. You bought it in October of 1962. Is tbis
the corner parcel?
MRS. FLISS: Yes. That's the one with the two lots.
THE CHAIRMAN: The property which you propose to divide
out is described as follows:
"BEGINNING at a monument on tt~e easterly line of Bray
Avenue, 100 feet northerly along s.id easterly line a~d-its
extension southerly from the exten
northerly line of Albo Drive; sai~
the southwesterly corner of other
second part, from said point of bec
ion westerly of the
. point of beginning being
and of the party of the
inning running along said
land of the party of the second pa~t North 69° 13' 10" East
205.74 feet to a monument; thence along land of the party of
the first part South 16° 13' 10" West 125.22 feet to said
northerly line of Albo Drive; thence along said northerly
line of Albo Drive South 69° 13' 10" West 105.38 feet; thence
northwesterly on a curve bearing to the right having a radius
of 25.0 feet a distance of 39.27 feet to said easterly line
of Bray Avenue; thence along said easterly line of Bray
Avenue North 20° 46' 50" West 75.0 feet to the point of
beginning."
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
(There was no response.)
After investigation and inspeqtion the Board finds that
applicant requests permission to divide lot with insufficient
width and area at Bray Avenue & A~bo Drive, Laurel, New York.
The findings of the Board are in agreement with the reasoning
of the appiicant. The Board finds that it would be an unusual
hardship not to permit the division of this property. It will
not change the character of the neighborhood as surrounding
properties are predominantly in the 12,500 sq. ft~ range.
Southold Town Board of Appeals
-3- March 28, 1974
The Board finds that strict application of the ~dinance
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. Grigonis, seconded by Mr. Doyen, it was
RESOLVED, Stanley Fliss & Wf, Bray Avenue & Albo Drive,
Laurel, New York, be GRANTED permission to divide lot with
insufficient width and area , as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
PUBLIC HEARING: Appeal No. 1883 - 7:45 P.M. (E.D.S.T.),
upon application of George Ahlers, 250 Cox Lane, Cutchogue,
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 set off lot with insufficient
width and area. Location of property: west~~ side Cedar
Drive, Southold, New York, bounded north by H. Tansinger;
east by Cedar Avenue; south by A. Wahlberg; west by J. LeBroski.
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. GEORGE AHLERS: I think they thought they were buying
two lots.
THE CHAIRMAN: They did not buy two lots at one time.
The survey accompanying the application is dated March 28,
1972. Are you familiar with this survey?
MR. AHLERS: Yes. (Referring to survey) This is the
dividing line between the two lots. You can barely see the
house on one lot. It is 12 feet from the side of the house
to the property line.
Southold Town Board of Appeals
-4- March 28, 1974
THE CHAIRMAN: Is this going to be centered?
MR~ GEORGE AHLERS: They are both 75 foot lots and
265 feet deep.
THE CHAIRMAN:
through the center.
The division is from east to west
THE CHAIRMAN: Is there anyone present who wishes
to speak against this application?
(There was no response.)
THE CHAIRMAN: We looked at the property and found
that most of the houses across Cedar Lane are smaller.
Grant Real Estate at the corner may be a 40 000 sq. ft.
lot. '
MR. AHLERS: In looking at the tax map it seems that
almost all the lots are about the same size as we are
proposing here.
THE CHAIRMAN: I would say that the majority of the
surrounding lots within 500 feet are less than 40,000 sq. ft.
After investigation and inspection the Board finds
that applicant requests permission to set off lot with
in sufficient width and area on the west side of Cedar
Drive, Southold, New York. The findings of the Board are
that applicant purchased two lots,as shown on copy of
survey of Van Tuyl dated March 28, 1962, at separate times.
He proposes to divide the property equally thereby creating
the orlg±nal two lots which will be approximately 75 feet
by 265 feet each on the west side of Cedar Lane, 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 sh~red 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 -5-
March 28, 1974
On motion by Mr. Gillispie, seconded by Mr. Grigonis,
it was
RESOLVED, George Ahlers, 250 Cox Lane, Cutchogue, New
York, be GRANTED permission to set off lot with insufficient
width and area on the west side of Cedar Drive, Southold,
New York, as applied for.
Vote of the Board; Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
On motion by Mr. Gillispie, seconded by Mr. Grigonis,
it was
RESOLVED that the Action of the Southold Town Board of
Appeals dated December 20, 1973, Appeal No. 1861, on applica-
tion of Gasper Pisacano, Cedar Beach Road, Southold, New
York, dated November 9, 1973, be REPEALED for the reason
that the Southold Town Planning Board does not approve of
the proposed lot divisions as set forth in said Action.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
Mr. Harold Wohl came before the Board for an informal
discussion regarding the action of the Board taken on
February 7, 1974 with regard to Appeal No. 1868. The
application was submitted in the name of Peter Dohrman,
Smith Lane, Peconic, New York.
MR. WOHL: I would like you gentlemen to reconsider
the conditions of the action taken regarding my deck. I
have a very small lot.
THE CHAIRMAN: Did you get approval from the Department
of Environmental Control? The State passed a law that you
have to have approval on any property within 300 feet of the
water.
MR. WOHL: Yes.
Southold Town Board of Appeals -6-
March 28, 1974
THE CHAIRMAN: You would'be projecting beyond Jensen's.
MR. WOHL: There is a drop between the Jensen bulkhead
and my bulkhead of 8 to 10 feet. If I could build my deck
on the edge of my concrete bulkhead I would not be anywhere
near the Jensens. What I wanted to do was to start the
deck at the edge of the bulkhead, 2 feet away from them, so
I could close off that drop so there would not be any danger
to a child, or to adults.
THE CHAIRMAN: There is no fence there now.
MR. WOHL: That's why I wanted to close it in. One
of the conditions is that the deck shall be no closer than
5 feet to either line, but here I would not come close to
them. What I really wanted to do was get in as close as
possible so nobody could fall down. I also wanted to go
out a little further, another 8 feet.
THE CHAIRMAN: You are crea~ing a'terrace over the water.
MR. WOHL: There would be at least another 15 or 20
feet to the water. I normally would not want to do it but
every time we sit outside, we are practically in their
backyard. We figure if we went out here (referring to
sketch) we would be 10 feet further away. Mr. Dohrman
checked this. It won't limit their view, it won't create
a nuisance. The area is a mess now.
THE CHAIRMAN: I would be willing to take another
look at it. I don't think we would want you to go out
further because that would start a precedent but we
might be willing to cut down your side yard.
MR. WOHL: I want to get it to the edge of my concrete
wall. If I can start the deck right at the edge of it, it
will separate us and won't be near them and, if possible,
I would like to get out a little further.
THE CHAIRMAN: This chasm results from your retaining
walls. You want to go as wide as you can both ways. I
suggest you have Mr. Dohrman file another application in
time for a May 2nd hearing. I will take another look at it.
Southold Town Board of Appeals -7- March 28, 1974
The Chairman directed the Secretary to reply to
letter received from Mr. Joseph Deters requesting
permission for the Mattituck Lions Club to erect two
signs for the purpose of advertising the Strawberry
Festival.
On motion by Mr. Gillispie, seconded by Mr. Doyen,
it was
RESOLVED that the Southold Town Board of Appeals
GRANT permission to the Mattituck Lions Club to erect
two signs, one on the premises of Frank Murphy's Garden
Center and the other opposite the Mattituck High School,
for the purpose of advertising the Strawberry ~estival,
subject to the following condition:
That the signs shall be erected no earlier than two
weeks before the date of the Festival, i.e., June 15,
1974, and shall be removed no later than one week there-
after.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
The following si~n renewals were submitted to the
Board, and were reviewed and approved as submitted:
Mattituck Inlet Marina & Shipyard, Inc (6)
Edna A. Brown
Jack Levin
C. W. Wickham (3)
Archeological Association of New York
Nicholas Aliano d/b/a Pond Enterprises, Inc. (2)
Ross' North Fork Restaurant
Southold Town Board of Appeals -8- March 28, 1974
On motion by Mr. Gillispie, seconded by Mr. Doyen, it was
RESOLVED that the notice of postponement of meeting,
scheduled for March 21, 1974, to March 28, 1974, be
approved as submitted.
Vote of the Board: Ayes:- MeSsrs: Gillispie, Grigonis,
Doyen.
On motion by Mr. Grigonis, seconded by Mr. Gillispie,
it was
RESOLVED that the minutes of the Southold Town Board
of Appeals dated February 28, 1974, be apprOved as
submitted, subject to minor correction.
Vote of the Board: Ayes:, Messrs: Gillispie, Grigonis,
Doyen.
on motion by Mr. Doyen, seconded by Mr. Gillispie, 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.)
April 11, 1974, at the Town Office, Main Road, Southold,
New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
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.) April 11, 1974, at the ToWn Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Mary E. Wheeler and Linda J. Wheeler,
5500 Boisseau Avenue, Southold, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section
Southold Town Board of Appeals -9- March 28, 1974
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.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
D-yen.
On motion by Mr. Grigonis, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals set
8:00 P.M. (E.D.S.T.), April 11, 1974, at the Town Office,
Main Road, Southold, New York, as the time and place of
hearing 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 Road~
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Doyen.
On motion by Mr. Doyen, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set
8:15 P.M. (E.D.S.T.), April ll, 1974, at the Town Office,
Main Road, Southold, New York, as the time and place of
hearing upon application of Lloyd Terry, Main Road, Orient,
New Yorkt for a special exception in accordance with the
Zoning Ordinance, Article III, Section 100-30 B (8) (a),
for permission to operate farm labor camp. 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.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
Southold Town Board of Appeals
March 28, 1974
On motion by Mr. Gillispie, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals set
8:30 P.M. (E.D.S.T.) April 11, 1974, at the Town Office,
Main Road, Southold, New York~ as the time and place of
hearing 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: s~uth
s~de Sound View Avenue, SoUthold, bounded north by Sound
View Avenue; east by D. R. Grattan; south by D. R. Grattan;
west by Robert Bayley.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set
8:45 P.M. (E.D.S.T.) , April 11, 1974, at the Town Office,
Main Road, Southold, New York, as the time and place of
hearing 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 permission to use existing
structura for additional living space with insufficient
side yard. Location of property: Fleetwood Road, Cutchogue,
New York, bounded on the north by Fleetwood Road; east by
Fleetwood Road; south by E. Hansen; west by H. Meyer.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
On motion by Mr. Doyen, seconded by Mr. Grigonis, it was
RESOLVED that the Southold Town Board of Appeals set
9:00 P.M. (E.D.S.T.) , April 11, 1974, at the Town Office,
Main Road, Southold, New York, as the time and place of
hearing upon application of Edwin W. Stewart, 20 Carole
Road, Southold, New York, for a variance in accordance
with the Zoning Ordinance, Chapter 100, Section 100-32 B
for permission to locate accessory building in side yard
Southold Town Board of Appeals -11- March 28, 1974
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.
Vote of the Board: Ayes:-~Messrs: Gillispie, Grigonls,
Doyen.
On motion by Mr. Doyen, seconded by Mr. Grigonis, it was
RESOLVED that the Southold Town Board of Appeals set
9:15 P.M. (E.D.S.T.), April 11, 1974, at the Town Office,
Main Road, Southold, New York, as the time and place of
hearing 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
(b-dy shop). Location of property: Sound Avenue, Mattituck,
bounded on the north by North Fork Bank; east by Love Lane,
south by Sound Avenue; west by Episcopal Church.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
On motion by Mr. Gillispie, seconded by Mr. Grigonis,
it was
RESOLVED that the Southold Town Board of Appeals set
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, Ma%tituck, bounded
on the north by Long Island Railroad; e~st by D. Tuthill;
south by Main Road; west by W. Ritzer.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Doyen.
Southold Town Board of Appeals -12- March 28, 1974
On motion by Mr. Grigonis, seconded by Mr. Doyen,
it was
RESOLVED that the Southold Town Board of Appeals set
9:45 P.M. (E.D.S.T.), April 11, 1974, at the Town Office,
Main Road, Southold, New York, as the time and place of
hearing 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.
Vote of the Board: Ayes:, Messrs: Gillispie, Grigonis,
Doyen.
The meeting was adjoUrned at 9:30 P.M.
Respectfully submitted,
Marj~rie McDermott, Secretary
Robert W. Gillispie, Jr., Chairman