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HomeMy WebLinkAboutZBA-02/28/1974 S° uthold Town B°ard of Appeals SOUTHOLD, L. I., N.Y. 11971 TelephOne 765-9660 APPEAL BOARD MEMBERS Robert W. Giilispi¢~ Jr.~ Chairman Robert Bergen Charles Gri~onis, Jr. Ser~¢ Doyen, Jr. Ff~ Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS February 28, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, February 28, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Serge Doyen, Jr. Absent: Mr. Fred Hulse, Jr. THE CHAIRMAN: A Public Hearing was held on Appeal No. 1871, application of Elbert E. Luce, Jr. and George M. Vail, on February 7, 1974. The Board postponed rendering a decision until 7:30 P.M., February 28, 1974 to allow time for further investigation. We studied the entire area and we drew a couple of circles of 500 foot radius and found 48 undersized lots; only one property owner had more than 40,000 'sq. ft. In a further study, going from the monument in Orient to the wharf, I was unable to discover any lots with houses on them that would meet the present 40,000 sq. ft. requirement. I have sympathy for the applicants and spent some time with our Town Attorney trying to find some way we could assist them. However, in my opinion, the Board would be acting improperly if it were to grant this.variance. After investigation and inspection the Board finds that applicant requests permission to divide lot .and construct dwelling with insufficient area on property located on Southold Town Board of Appeals -2- February 28, 1974 R.O.W. east side Village Lane, Orient, New York. The finding~s of the Board are that no personal hardship can be considered as legal reason for granting a variance. The applicant must prove that he has an unusual hardship. The Board finds that the land which is presently being used by George M. Vail is undersized. There is no topo- graphical or geographical hardship. The creation of another undersized lot, aside from the fact that it would be 20% less than minimum size, would establish a precedent and would make it extremely difficult to deny a variance to anyone else. The Board also finds that of the 19 lots in the block (in which this lot lies) which is bounded by Village Lane, Tabor Lane, and Orchard Street, this lot, if it were created, would be next to the smallest one in size. Only one of the 19 lots on the block, with houses, is 40,000 sq. ft. or better. The applicant also must prove that he has a unique hardship. In this caser it is not a unique hardship as most of the lots in the area are undersized. It would change the character of the neighborhood as the owners of an? back lots in the vicinity could apply for a variance and could not be denied, if the application in question were granted. The Board of Appeals feels that it would be doing Orient a disservice to grant this appeal; that it would be an improper action; and one that could probably not be upheld legally. 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. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Elbert E. Luce, Jr. and George M. Vail (uncle), Village Lane, Orient, New York, be DENIED permission to divide lot and!construct dwelling with insufficient~area on property located on the R.O.W. east side Village Lane~ Orient, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -3- February 28, 1974 THE CHAIRMAN: The Town Board has been besieged over the years with requests that the Town Board require additional legal notices on any action of the Board of Appeals and the Town Board. I was in our Town Attorney's office, and he gave me a copy of the proposed Amendment to the Ordinance. I will try to outline some of the complications. In the case of the application of Mr. Luce, on which the decision of the Board was just given, this proposed amendment would require that Mr. Luce notify 49 property owners in a 500 foot radius by Certified Mail, Return Receipt Requested. He would have to notify each one before he could make application to this Board. I have not determined how much it costs to send a Certified Letter now; I believe it used to be about 85¢. On the surface it appears to be a reasonable request of a civic association. In Mr. Luce's area, if some of the property owners do not reply, he can not certify that he has notified all of them. The persons to whom such notices are addressed will have 5 days to file a written request with the Town Clerk that he or she be given written notice by the Town Clerk of the time and place of the public hearing. Mr. Luce could not have applied for a variance until everyone of the 49 had been notified. The notice to be sent by the applicant must include a statement that the petitioner proposes to apply to the Board of Appeals for a variance, special ex- ception, or other specified relief; a description sufficient to identify the property; the zone district classification of such property; a detailed statement of the relief sought by the petitioner; the provisions of the zoning law applicable to the relief sought by the petitioner; a statement that within 20 days such a petition will be filed in the Southold Town Clerk's office, and may then be examined during regular office hours; a statement that a public hearing with respect to such petition must be held by the Board of Appeals before the relief sought can be granted; that the person to whom the notice is addressed , or his representative, has the right to appear and be heard at such a hearing; that such person may request that he be given notice by mail of the time and place of such hearing by the Town Clerk if he files a written request therefor with the Town Clerk within 5 days of receipt of such notice. One of the neighbors to whom Mr. Luce would have had to send a Certified Letter lives in England. The Board of Appeals is not, under this proposed Ordinance, held responsible for this notification.., the applicant is. In the case of the aforementioned application, it would require 49 Registered Letters indicating that everyone had received it. This has to be done within 20 days. One of the other property owners is in Florida, and another in Hawaii. It would be almost impossible for the applicant to get this material together within 20 days. 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Southold Town Board of Appeals -5- February 28, 1974 THE CHAIRMAN: A Public Hearing was held on Appeal No. 1874, Raymond & Ruth Woolfe, Fishers Island, New York, on February 7, 1974. The Board requested further information and a decision was postponed until tonight's meeting. RUDOLPH BRUER, ESQ.: I know a little bit more about the premises than I did at the last meeting. The part that is presently being occupied is on the west side, the smaller part of the property. Mr. Woolfe had the surveyor draw a line through the premises going through the fire wall. The property that they would like to cut out would be to the east of this line (referring to map). THE CHAIRMAN: As I understand it, this is the way the projected sale would be made. MR. DOYEN: (Referring to map) This is the larger half of the garage. The part that is useable for a garage to hold an automobile is this; this part has all been turned into a corral. Mrs. Woolfe keeps two ponies there. THE CHAIRMAN: Mrs. Woolfe might be in conflict with the Ordinance in that she has ponies there. MR. DOYEN: They have been there for years. MR. BRUER: They will have to work out how they want to use the garage. THE CHAIRMAN: I think it would be improper to make this lot any smaller. Do they understand that? MR. BRUER: Mr. Woolfe does. THE CHAIRMAN: Conceivably, these people might want to build a garage at some future time. MR. DOYEN: This is really temporary as far as the garage is concerned as some day the present garage will be gone. MR. BRUER: I would point out that the situation would really only justify that part anyway. THE CHAIRMAN: There is a whole row of these houses. I don't think the Board should divide these government properties except to provide a maxlm~um lot. SQuthold Town Board of Appeals -6- February 28, 1974 MR. BRUER: It is not split equally. THE CHAIRMAN: They asked us to divide the property on the original application. After investigation and inspection the Board finds that applicant requests permission to divide house and lot with insufficient area in either section and no sideyard where house is divided, on property located on the north side of Whistler Avenue, Fishers Island, New York. The findings of the Board are that the building was originally designed to be two separate dwellings. The applicant wishes to use one portion of the property for his residence, and sell the other portion. The sale would include part of the garage on the northerly portion of the property. 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. Grigonis, it was RESOLVED, Raymond & Ruth Woolfe, Fishers Island, New York, be GRANTED permission to divide property in accordance with survey dated February 20, 1974, property of Raymond & Ruth Woolfe, showing line drawn through fire wall in this double house. The division is also to include part of the garage on the northerly portion of the property. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. THE CHAIRMAN: A decision on Appeal No. 1875, Ann Werber, was postponed until 8:00 P.M. Tonight. A Public Hearing was held on February 7th. For the members of the Board who were not present at the hearing, it is a 2,000 foot lot, approxi- mately 75 feet wide, and the applicants have two houses on the lot, one of which is a summer cottage. They propose to demolish the cottage and replace it in a slightly different location. In order to have two houses on a lot, 80,000 sq. ft. is required. (Addressing Rudolph Bruer, Esq.) We are not saying it has to be divided but if it is divided it would be done in the manner you have provided. We are, in effect, Southold Town Board of Appeals -7- February 28, 1974 carving a 40,000 sq. ft. lot out of three and a half acres. How wide is this? RUDOLPH BRUER, ESQ.: 18 feet; it gives me a 55 foot width, and based on side yard requirements, gives me 1 foot in case of any variance. Mr. Liso~_ asksCthat I require of the Board the usual requirements of 15 feet and 10 feet as against 12 feet and 18 feet. THE CHAIRM2%N: As I recall it, it was to be 18 feet to the westerly line and 12 feet to the easterly line. MR. LAWRENCE LISO: 10 feet on one side and 15 feet on the other would be better than 18 feet and 12 feet. THE CHAIRMAN: I think we could accept 10 feet and 15 feet. The 10 feet is on the easterly line? MR. LISO: Yes. (Mr. Liso showed the Board, on the map, how the house would be set). THE CHAIRMAN: The whole theory is to have the front of the house look at the Bay, the way it is now. It seems reas®nable. After investigation and inspection the Board finds that applicant requests permission to construct new dwelling with insufficient area on premises located on Private Road on the south side of Indian Neck Lane, Peconic. The Board finds that the applicant desires to remove an old existing summer cottage and replace it by a more permanent residence. In effect, the Board would be granting permission to carve a 40,000 sq. ft. lot out of three and one half acres. 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. Grigonis, seconded by Mr. Doyen, it was RESOLVED, Ann Werber, Kings Point, New York, be GRANTED permission to construct new dwelling with insufficient area on Private Road, south side of Indian Neck Lane, Peconic, New York, subject to the following conditions: Southold Town Board of Appeals -8- February 28, 1974 1. That lot be set off as described in sur~ey of Van Tuyl dated February 13, 1974. 2. That the dwelling be located no closer than 35 feet to the southerly line, no closer than 10 feet from the easterly line, no closer than 15 feet from the westerly line, and no closer than 35 feet to the northerly line. This lot has been described in this Action in the event that applicant should dispose of this property with the new house on it. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. THE C~AIRMAN: Appeal No~ 1877, .JOseph W. Petrauskas, Mill Street, Mattituck, New York, was heard at a PubliC Hearing on February 7, 1974. Decision on this appeal was postponed at that tim~ THE CHAIRMAN: When did you put the mobile home on the property? MRS. JOSEPH W. PETRAUSKAS: In July. THE CHAIRMAN: You have not as yet got your C.O., is that correct? MRS. PETRAUSKAS: Yes. THE CHAIRMAN: There was some discussion as to how far back the house is from Hill Street. The Building Inspector said it was about 25' and we agreed to measure it. We found the monument and found it was 33 and 1./2 feet at the closest place, 37' from the corner of the home to the monument, so that is the amount of error that I don't think the Board would be concerned with. You have to have 850 sq. ft. of living space. Mr. Petrauskas had a veteran,s disability of 100% which had just been reduced from $548 to 80% of that figure. It was thought he should have some more time. How is he making out in getting that half trailer? Southold Town Board of Appeals -9- February 28, 1974 MR. COSTANZA: He paid $248 and got a receipt. We tried to get it as soon as possible but the owner said he would not be able to clean this out until March 15th. I offered to help him. THE CHAIRMAN: How much time do you need to get that mobile home down there? MR. COSTANZA: Another month. As soon as we get it over there we will cut it in half. It's on wheels now. THE CHAIRMAN: Has the Health Department approved the cesspools and wells? MRS. PETRAUSKAS: Yes, he has a certificate on the front window now. MR. COSTANZA: The cesspools were in the ground already when the Assessor came over. He approved of it; three cess- pools and septic tank in the ground. We can take it off the window and bring it in. THE CHAIRMAN: Did he get his disability straightened out? MRS. PETRAUSKAS: It will be straightened out this coming month. THE CHAIRMAN: Are you going to live here while he goes to graduate school? MRS. PETRAUSKAS: Yes, he will be in graduate school for a couple of years. THE CHAIRMAN: I think we can assist you by giving you a reasonable length of time to get the benefits straightened out and to get the new addition. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 1877, Joseph W. Petrauskas, Mill Street, Mattituck, New York, until 7:30 P.M. (E.D.S.T.), April 11, 1974, and that applicant bring in all papers concerning cesspools and well. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -10- February 28, 1974 PUBLIC HEARING: Appeal No. 1878 - 8:30 P.M. (E.D.S.T.), upon application of Robert R. Annison, 6010 Sound View Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in front yard area. Location of property: S/S Sound View Avenue, Southold, New York, bounded on the north by Sound View Avenue; east by J. Buckley; south by G. Lehmann; west by C. Booth. 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: We have a letter in the Annison file dated February 25, 1974 from an adjoining property owner, Clement W. Booth, which reads as follows: "I would like to be on record as opposed to the issuance of a variance to Robert R. Annison on property located west of my property on Sound View Avenue. I feel the building of a garage in the front area of the lot would set an adverse precedent for the neighborhood." THE CHAIRMAN: A sketch of the property dated December 26 , 1973 indicates that the dwelling is set back from Sound View Avenue approximately 150 feet. Is there anyone present who wishes to speak for this application? MR. ROBERT R. ANNISON: It's 219 feet deep and 184 feet on another dimension. THE CHAIRMAN: It's approximately a half acre wooded lot. It would not be feasible to put the garage in back of the house. When was the house built? MR. ANNISON: I took the permit out two years ago. I wanted to add on to the side of the house coming out 35 feet but that doesn't leave any room on that side. There is no back yard at all. There is a hill on the westerly side of the property. THE CHAIRMAN: It would have to be located on the easterly side of the property. Southold Town Board of Appeals -11- February 28, 1974 MR. BERGEn: Could you put ~it further back? MR. ANNISON: I would be 40 or 50 feet from the front of the property. Right past that point there is a big drop, maybe 30°. (Mr. Annison indicated, on the map, the position of the hill on his property). MR. BERGEN: Our theory was to get the house back sO,if other houses are built there it would be back of their building line. THE CHAIRMAN: Unless it's attached to the house, this becomes.an accessory building. We would want this back further; it should be back about 65 feet. MR. ANNISON: I have woods here; I could go into the clearing. As it is, I am on the border line. THE CHAIRMAN: Let's compromise and make it 60 feet. MR. ANNISON: Would it help if this little shed were on the other side, and we make it 60 feet from the road? THE CHAIRMAN: Yes. THE CHAIRMAN: Is there anyone p~esent who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct garage in front yard area on the south side of Sound View Avenue, Southold. The findings of the Board are that applicant has no backyard, and there is also a topographical situation involved. 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 ~s unlque 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 w~ll 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, Robert R. Annison, 6010 Sound View Avenue, Southold, New York, be GRANTED permission to construct garage Southold Town Board of Appeals -12- February 28, 1974 in front yard area on the south side of Sound View Avenue, Southold, New York, as applied for, subject to the following c~nditions: 1. That applicant place his proposed garage no closer than 60 feet from his property line. 2. That applicant place his proposed garage no closer than 5 feet to the easterly property line. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 1879 - 8:45 P.M. (E.D.S.T.), upon application of Agneta H. Ewer, 576 McCullock Place, Haworth, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to install kitchen equipment in accessory building, resulting in two dwellings on one lot. Location of property: W/S Smith's Road, Peconic, New York, Plot F, Indian Neck Park. 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 read letters opposing the granting of the variance requested in Mrs. Ewer's application. The following letters were received and are on file: Mr. William C. Blake 70 Brompton Road Garden City, N. Y. (Feb. 24, 1974) Smith Road Peconic Opposed Mr. Nathaniel Abelson 54 East 91 Street New York, N. Y. (Feb. 25, 1974) Arrowhead Rd Peconic Opposed Mr. Charles O. Palm ( no date ) Katharine M. Raynis-joint owners 37 Southard Ave. Smith Road Peconic Rockville Center, N.Y. Opposed Mrs. Silvio Constantine 30 River Road Scarsdale, New York (Feb. 23~ 1974) Smith Road Peconic Opposed Southold Town Board of Appeals -13- February 28, 1974 THE CHAIRMAN: A sketch accompanying the application indicates that the applicant is the owner of contiguous parcels, extremely irregularly shaped. One parcel is regarded by the Department of Environmental Control as "wetlands". It extends southeast and is approximately 37,000 sq. ft. in area. The other irregularly shaped parcel which is contiguous to this one at its narrowest point contains a bungal©w to the west, and it would be our belief that this is about~ 10,000 sq. ft. or 11,000 sq. ft.; making the total acreage slight~ly less than 50,000 sq. ft. The minimum requirement under the Ordinance for two houses on one lot is 80,000 sq. ft. THE CHAIRMAN: Is there anyone present who wi.shes to speak for this application? MR. EDGAR H. FAY: 1 live in Southold on Re'~don Drive. Mrs. Ewer could not be here tonight. The facts a~'e in the application. It is not going to increase the numt~er of people living there. There are a.lot of grandchildren ir.volved here. If you ever had breakfast with six grandchildren, you would know what they mean. THE CHAIRMAN: That is a personal hardship. That a permit was granted for the original building has nothing to do with it at this point. This is a case of putting in a stove and sink. If someone should die in the family, they might want to dispose of it as two houses and might want to rent one of them. Under the Ordinance we are required to have 80,000 sq. ft. for two dwellings. MR. FAY: This is not much different than having a hot plate and someplace to pour water down a drain. They could use the bathroom to wash dishes. 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? MRS. KATHERINE M. RAYNIS: How can you use a kitchen with one cesspool? MR. FAY: She did receive a permit. Southold Town Board of Appeals -14- February 28, 1974 THE CHAIRMAN: You can put up an accessory building. Quite a few people use them for sleeping quarters but somewhere a line has to be drawn. MR. FAY: It would just be one of those Pullman type of things. THE CHAIRMAN: It creates a second dwelling. WILLIAM WICKHAM, ESQ.: I am an attorney with the firm of Wickham & Lark. I represent Raymond Kerester who owns a lot immediately to the south. It is part of the Abelson development, and this building is right opposite this lot. Both of them, at that point, are quite low. Under Permitted Use in Zone A there can only be one detached dwelling on one lot. I don't think you should consider both lots. This is a filed map and the lots are very much at angles to each other. I understand that this lady received a building permit for accessory use; perhaps there was a garage.there before. This was not put up as any reconstruction of an accessory building, particularly with a deck on it. I think your problem is whetherl the present building should even be allowed in its present state. A garage may be an abode for a car, a barn for a horse but I don't think you can c~nve~.t that over and say a garage can be an abode for people. I think the dwelling should be dispensed with. I don't think it should be on that lot. It's very low back there and this, as far as I am con- cerned, is complete new construction. MRS. RAYNIS: There was a garage there several years ago. MR. WICKHAM: It is completely new construction with a deck on it. I don't think~!~it should be allowed. THE CHAIRMAN: I don't have the files on what was requested in the Building Permit. MR. WICKHAM: MY information is that it was to construct an accessory building. THE CHAI~4AN: Does anyone else wish to speak against the granting of this application? MR. PHILIP HORTON: I am also opposed to granting this variance. ²X†³†³©³p©³p©³p$´^$´^Ž³µŽ³µŽ³µR´]R´]R´] Ó>È="È="Ò Ò&@Õ> @Õ> ‰Ó8 Ãf?d d d (d"Vd´Vd´e!Eikkkkønjbó‹¬ó‹¬¼Š$èŽ1 èŽ1 "ŽN xŠ;¼Š_$Bokâ’Xâ’XA‘ Wpø;=f«“ Ç’f6Gó¦1ó¦13§;|¨E|¨EШ÷¨bf¦‚©u ©*;©`ª†¬Iܬ$¯= Y¯ z¬=Ä«Ä«ê«vmª­k­k­k¬(¬VòÏòϋŬÃ|3ÅBÄ%®ÁËÄtJÄ bÈsáË%ÊŠÊŠ§Ê ÇÆh;ÇsºÊi0ÈKòÞ‡„áP„áPáÞeáÞeQÝ7”à ²à5òÞ'òÞ'$àFãUFãU¦åRäWgæ1 £ã4ãâhWå& ˆäu åv,$H,$H‚%)¹&+ò%  )*C)2ƒ#mý))2+ T,<ž+++<t.—(„(-^(-^”.^”.^ÿ+Fÿ+FT+'T+'*DH*DH@8@8ÆEa4AU4AU–C¸C"è?<0B0nIJnIJnIJÅ?ZÅ?Z,K FFc±E•.cI.cIˆd)Ãh*þd i(Th4—eŠ—eŠ2gF‰n ¶l$êiŽ‰i*Åif>kE”m*Ïo(ks*½*½*½øƒ,5‚!dƒkàDàDàD4‚<…5‰BŠMŠMp„‰_o‰ªo‰ª*†R*›4lžUlžUР úŸ’úŸ’úŸ’úŸ’šŸ¿Ÿ{¿Ÿ{I #z¥^楃楃x¢*¯¢¶¯¢¶F0 … Ï; #J$ SK yK ÜK öJd öJd öJd eK9 eK9 ¬K ÀK% òL8 òL8 ¸M# æQ Oh Oh Oh tP> t Southold Town Board of Appeals -16- February 28, 1974 MR. FAY: You are turning us down on the basis that there is an area of 50,000 sq. ft., and 80,000 sq. ft. required? THE CHAIRMAN: You are 30,000 sq. ft. short. We had one application where we set off 80,000 sq. ft. on 90 acres. It has to be done so that if any part is disposed of the sideyards will be observed, which would not be possible in this case. THE CHAIRMAN: Does anyone else wish to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to install kitchen equipment in accessory building resulting in two dwellings on one lot, located on the west side of Smith's Road, Peconic, New York. The findings of the Board are that applicant is approximately 30,000 sq. ft. short of the required 80,000 sq. ft., under the Zoning Ordinance, for two dwellings on one lot. 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, Agneta H. Ewer, 576 McCullock Place, Haworth, New Jersey, be DENIED permission to install kitchen equipment in accessory building located on the west side of Smith's Road, Peconic, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, D~yen. PUBLIC HEARING: Appeal No. 1881 - upon application of John Divello, Hill Street & Wickham Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section (305), 100-35 for permission to construct 7 foot chain link fence in front yard area. Location of property: E/S Wickham Avenue and N/S Hill Street, Mattituck, New York bounded north by L. I. Railroad; east by C. A. Price Co., south by Hill Street; west by Wickham Avenue. Fee paid $15.00. Southold Town Board of Appeals -17- February 28, 1974 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 sketch indicating the location if the property~ the location of retaining walls and fence. The property appears to have 205 feet on Hill Street, 111 feet on one end of the property ~and approximately 122 feet on Wickham Avenue; over 20,000 sq. ft. THE CHAI~4AN: Is there anyone present who wishes to speak for this property variance? MR. JOHN DIVELLO: I think the application speaks for itself. A 4 foot fence would not keep out vandals or possible arson. THE CHAIRMAN: Is this big enough for your purposes? Have you been in this business somewhere else? MR. DIVELLO: I have always been in the garbage business; this is an extension of it. This, basically, would be corrugated board and newspaper. We take it from the Town of Southold. We will either collect from residents or they can bring it to us. If they have a large amount we will go out and pay for it. We will work with sct~ools and churches on their paper drives. We pay $1.00 a hundred. THE CHAIRMAN: Would this height fence keep vandals out? Is this going to have barbed wire on the top? MR. DIVELLO: The fence would be 6 feet high with 1 foot of barbed wire on the top. It goes off on an angle. THE CHAIRMAN: You will have an enclosed area and you will be able to lock the building. MR. DIVELLO: On the north side it will be closed by the building, itself. THE CHAIRMAN: I am sure you will back trucks off the street to unload them. MR. DIVELLO: This material will be unloaded into the rear of the building. We have an existing door on the east side so we are opening up 12' × 20' The truck will back right in. The truck will drop it on to a concrete floor. If we don't have a load one day it will be stored. A lot of the area will be concreted. All the equipment will be inside at night. The material will be cardboard, glass, no deposit bottles, some copper and aluminum. We bal~ it and ship it. It will be a complete operation. Mr. Ray Dean, the Highway Superintendent, is very pleased with the idea. We also talked to Mrs. Shirley Bachrach and she will Southold Town Board of Appeals -18- February 28, 1974 get involved as far as possible on it. 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 construct 7 foot chain link fence in front yard area on property located on the east side of Wickham Avenue and the north side of Hill Street, Mattituck, New York. The Board agrees with the reasoning of the applicant in that a 4 foot high fence would not be high enough to keep out vandals. 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, John Divello, Hill Street & Wickham Avenue, Mattituck, New York, be GRANTED permission to construct 7 foot chain link fence in front yard area on property located on the east side of Wickham Avenue and the north side of Hill Street, Mattituck, as applied for, subject to the following condition: That all loading and unloading of materials used in applicant's operation shall be done within the area defined by the fence. Vote of the Board: Grigonis, Doyen. Ayes: Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal No. 1882 - 9:15 P.M. (E.D.S~T.), upon application of Stanley Fliss & Wf, Bray Avenue & Albo Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec. 100-30 and 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area on property located at Bray Avenue and Albo Drive, Laurel, New York, bounded north by W. Brook; east by Albo Drive; south by Bray Avenue; west by J. Zimnoski. Fee paid $15.00. Southold Town Board of Appeals -19- February 28, 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: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: These are both 100 foot lots with a depth of about 200 feet. I think we will have to have a sketch of the property and also the surrounding area. It appears to me that these lots are larger. (Mr. Bergen pointed out that the legal description was incorrect. It should have read "west" by Bray Avenue.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED THAT Appeal No. 1882, Stanley Fliss & Wf, Bray Avenue & Albo Drive, Mattituck, New York, be readvertised in the official papers on March 14, 1974 because of a defect in the description. This Appeal will be heard at 7:30 P.M., March 21, 1974 at which time the applicant is requested to furnish a survey. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 1880 - 9:30 P.M. (E.D.S.T.), upon application of Howard L. ~Wolbert, 6~Highland Avenue, Jersey City, N. J., for a variance in accordance with the Zoning Ordinance, Article III, Sec. 100-30, 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: E/S West Mill Road, Mattituck, New York, bounded north by J. Carlton; east by J. Carlton; south by W. Smith; west by West Mill Road. 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 sketch indicates that these two lots are an irregularly shaped parcel. One would be 24,727 sq. ft. with 240 feet on the southerly line a~dt35 feet ~ Mill Road; and the other would be 23,296 sq. ft. with 232 feet on the northerly line and 100 feet on Mill Road. I believe this property backs up against a subdivision which has quarter acre lots. Southold Town Board of Appeals -20- February 28, 1974 THE CHAIRMAn: Is there anyone present who wishes to speak for this application? MR. JAMES WOLBERT: I am here to speak for it. THE CHAIRMAN: Are you a grandchild of Howard L. Wolbert? MR. WOLBERT: Yes. THE CHAIRMAN: We have examined this location. Across the street is farm land. What is the name of the subdivision that backs up to the east on this property? MR. WOLBERT: I believe it's Bayview. You go down Youngs Avenue to the south. THE CHAIRMAN: The lots behind you are one quarter of an acre in size. 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 property located on the east side of West ~ill Road, Mattituck, New York. The findings of the Board are that applicant is surrounded on three sides by lots that are one half acre or one quarter acre, and that this variance would not change the character of the area. It would be an unusual hardship to require the applicant to furnish more land. 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. Doyen, it was RESOLVED,.Howard L. Wolbert, 6 Highland Avenue, Jersey City, N. J., be GRANTED permission to divide lot with insuffic- ient width and area on property located on the east side of West Will Road, Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -21- February 28, 1974 The Board and Mrs. Lorraine Terry had an informal discussion regarding enforcement of conditions set by the Board of Appeals. The Chairman stated that the Board is not an enforcing agency and complaints of this nature should be referred to the Building Inspector. On motion by Mr. Gillispie, seconded by Mr. Bergen,- it was RESOLVED that the minutes of the Southold Town Board of Appeals dated February 7, 1974, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Grigonis, 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.), March 21, 1974, at the Town Office, Main Road, Southold, New York, Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -22- February 28, 1974 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED thatl the Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T.), March 21, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Stanley Fliss & Wf, Bray Avenue and Albo Drive, Laurel, New York for a variance in accord&nce with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: Bray Avenue & Albo Drive, Laurel, New York, bounded north by Zimnoski; east by W. Brock; south by Albo Drive; west by Bray Avenue. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T.), March 21, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing 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. Vote of the Board: Grigonis, Doyen. Ayes:- Messrs: Gillispie, Bergen, The meeting was adjourned at 10:00 P.M. Respectfully submitted, ~ //~, .~ /~ Marjo~ie McDermott, Secretary Robert W. Gillispie, Jr×~, Chalrman