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ZBA-02/07/1974
Southolcl Town Board of Appeals -qOUTHOLD, L. I., N. Y. 119~'1 · Telephone 765-2660 APPEAL BOARD MEMBERS Robert W.'Gillispie, Jr.~ Chairmen Robert Bergen Charles GriBonis, Jr. Serse Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS February 7, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, February 7, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen, Serge Doyen, Jr. Absent: Messrs: Fred Hulse, Jr.; Charles Grigonis, Jr. PUBLIC HEARING: Appeal No. 1867 - 7:30 P.M. (E.D.S.T.) upon application of Ernest M. Guettinger, Hemlock Drive, Box 437, Mastic Beach, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32, for permission to construct garage in front yard area. Location of property: Oak Street, Cutchogue, New York, Map No. 856 Eugene Heights, Lots ~ 38, 39 and 40. Fee paid $15.00. The Chairman opened the hearing by reading the appiica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: A sketch of the property indicates that the lot is 258.5 feet in depth on the northerly dimension; 254 feet on the southerly dimension; 75.13 feet on Eugene's Creek; 75 feet on Oak Street. The proposal is Southold Town Board of Appeals -2- February 7, 1974 to place the garage 20 feet from Oak Street. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ERNEST M. GUETTINGER: Most of the houses in that area have their garages in the front yard° THE CHAIRMAN: Your house is located approximately 60 feet from Eugene's Creek and approximately 164 feet from Oak Street and 28.3 feet from the southerly boundary. I believe your proposal is reasonable but I think the Board would suggest that you move the garage back a little further because we are trying to avoid cars backing out on to the road. MR. ROBERT BERGEN: I would like to see you enter from the north rather than from the west, and move it back another 10 feet. MR. GUETTINGER: The garage is directly in front of the house from the street. MR. BERGEN: We don't like to locate a garage where you have to back out on to the highway. (Mr. Guettinger presented blueprints to the Board for their inspection and discussed the placement of the garage). MR~ GUETTINGER: The house will have a mansard roof. This house has not been built yet. I would like to make the garage lower and still match the house. It should have a standard sloped roof. I don't want to blacktop as I want to leave the property as natural as possible. There will be very few changes. I don't want an elaborate driveway. The reason I asked for 20 feet is so you can pull in, park the car, open the garage doors, and close the garage doors. Only when I go shopping would I use this driveway to drop groceries off. THE CHAIRMAN: I think we would want the garage back from the road 35 feet. MR. GUETTINGER: I am trying to save a couple of trees. Southold Town Board of Appeals -3- February 7, 1974 THE CHAIRMAN: If you want it this close, I think you should turn the garage around. MR. GUETTINGER: It would look funny with the house. If you swing it around the other way, the house and garage just won't match. THE CHAIRMAN: We will have to insist that it be set back at least 30 feet. If not, you will back right out of your garage into the street. MR. GUETTINGER: I think I would have enough room. THE CHAIRMAN: This will provide a little more room. I believe that is the way we would want to do 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 garage in front yard area of property located on Oak Street, Cutchogue, Map No. 856 Eugene Heights, Lots 9 38, 39 and 40. The findings of the Board are that they agree with the reasoning of the applicant, as set forth in his appeal, but must insist that applicant place his garage 10 feet further back from the road in order to eliminate the prospect of backing out of the garage into the street. 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. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Ernest M. Guettinger, Hemlock Drive, Box 437, Mastic Beach, New York, be GRANTED permission to Southold Town Board of Appeals -5- February 7, 1974 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) MR. ROBERT BERGEN: I think they would have to respect the neighbor~s sidelines and stay 5 feet away. THE CHAIRMAN: Another point is the neighbor's retaining wall. He has a similar .type wall and the applicant proposes to go beyond that. I think it should be contained within the sideyards already es- tablished by the one story frame house. THE CHAIRMAN: Are there any questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct addition (deck) with insufficient setback from property line and high water mark on the south side of Oak Street, Cutchogue, New York. The Board agrees with the reasoning of the applicant subject to restrictions as to size and location. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hard- ship; 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. Gillispie, it was RESOLVED, Peter Dohrman, Smith Lane, Peconic, New York, be GRANTED permission to construct addition (deck) with insufficient setback from property line and high water mark on property located on the south side of Oak Street, Cutchogue, as applied for, subject to the following conditions: That applicant restrict the size of the deck so as not to violate the sideyards already established by the location of the one story frame house on his own property. Southold Town Board of Appeals -6- February 7, 1974 That applicant restrict the length of the deck towards Eugene Creek to a line not to exceed, and which is similar to the retaining wall of the Jensen house to the north. 3. That the addition (deck) shall be no closer than 5 feet to either line. 4. That this appeal shall be subject to approval of the Department of Environmental Control. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. PUBLIC HEARING: Appeal No. 1869 - 8:00 P.M. (E.D.S.T.), upon application of Edward Yanke, 31 Summit Drive, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permission to construct new dwelling on lot with existing non-conforming ~summer cottage on widest part of lot on property located on the east side of Bay Avenue, Mattituck, New York. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating that this property fronts on Bay Avenue. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (Mr. Edward Yanke was present. His son was also present and spoke for the application). MR. YANKE: There are two bungalows on the property but only one has been occupied. It has been occupied strictly for summer use. The other one in the back of the property has not been occupied. It's just a storage shed. THE CHAIRMAN: Are you going to use this as a storage shed? MR. YANKE: Yes. Southold Town Board of Appeals -7- February 7, 1974 MR. ROBERT BERGEN: Do you have any objection if we put in the action that you can not use that storage shed as living quarters? MR. YANKE: No. THE CHAIRMAN: Actually this will just meet the requirements for two residences on one plot. The require- ments are for 80,000 sq. ft. Do you want to separate the property out now or let it go? You are permitted a two family residence on one ownership providing there is this much land. I guess the reason you are in here is because of the narrowness of the lot. You can meet the requirements. For the record: H. Baldwin to the south has a main house and three cottages. MR. YANKE: He has seven cottages. THE CHAIRMAN: E. R. Burke to the north has a main house and one cottage. Across the street there is a non- conforming motel with 22 units. I don't think we will have to set this property off but we'll put in a condition that you can't build any more cottages. There must be a dozen properties with cottages up and down the street. 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 new dwelling on lot with existing non-conforming summer cottage on widest part of lot on property located on the east side of Bay Avenue, Mattituck, New York. The findings of the Board are that applicant has approximately 81,000 sq. ft. and proposes~to build a new main house approximately in the center of the plot, and retain the use of the existing cottage on the road for a member of the family. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hard- ship, 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. ß G• f ™o4Ü• k A b r a m s k i / O v i s i n a k 0 @ £u £u ÒN B˜Z#A Zß G• f „7*Ü• g B a i l e y / L i e b l e i n 0 @ ¤u ¤u ÒN B™Z#A L[ß G• f &ÇÜ• e R u t k o s k i / C o o k e 0 @ ¥u ¥u ÒN B™Z#A L[ß G• f –Ü• c L e v i e n / C h e r r y 0 @ ¦u ¦u ÒN BšZ#A x\ß G• f †b4Ü• e S t e w a r t / B a u m a n 0 @ §u §u ÒN B›Z#A ¤]Ý G• f ñŸ.Ü• e B e e b e / C h a r t e r s 0 @ ¨u ¨u ÒN BœZ#A Ð^ß G• f &<%Ü• c S a r n i c k i / D i e m 0 @ ©u ©u ÒN BZ#A ü_ß G• f v„Ü• i W h e e l e r / K r e m e n t z 0 @ ªu ªu ÒN BžZ#A (aß G• f £ EÜ• k D i S p i r i t o / F o l l e t t 0 @ «u «u ÒN BžZ#A (aß G• f º@Ü• e S u p r i n a / D e L o n g 0 @ ¬u ¬u ÒN BŸZ#A Taß G• f “Ó+Ü• c D o w l i n g / D a v i s 0 @ u u ÒN B Z#A €cß G• f jLÜ• ] M o r a n / D e h n 0 @ ®u ®u ÒN B¡Z#A ¬dß G• f ß Ü• g S p o n z a / L i e b l e i n ¢ E â } © F á|´Mâu•(¹VëŒ'¶QèµVïˆ!ÂWð0Ëhÿ–/¾ g ü ™ 6 Ï n œ 5 Ú { ·Nç‚ ¸Yð§Fßv´Kì‰,à ` Ý" @ ß" M Yí`[ Þ" Ô& R JL’# 0 @ ¯u ¯u ÒN B¢Z#A Øeß G• f "@Ü• e S t a n e k / G o r e c k a 0 @ °u °u ÒN B£Z#A gß G• f ýé1Ü• e C h r i s t i e / E w a r t 0 @ ±u ±u ÒN B£Z#A gß G• f e¹ Ü• c D e J e s u s / P a y n e 0 @ ²u ²u ÒN B¥Z#A \iß G• f ²ÎÜ• g L o t t H“±Ëù ÷ Í r}WßM¥ÏÅpqær ø PÌnÄðl¬B:ÃÑïnd ù ;ÄÞ =ÐI·>fø}B» ú 9« šÇÅB°¹W¨oÆ Ý û ¥ÝUÿç1CéžšE¤:Ò ü D1ñËÆMBï×õª¶À@ ý N2•‰AÕD›l‚ô¿mº þ ”§†¯ãïL–EÙ‡.?9 ÿ ®Ô’ôÁÛHŠrä>JlÙ :…†hVYpE¿B—¢.ß»£ €‡8kFéL˜àKe’I~ ëML7\B®~–« %iq7(zH¼oòËï4Õ +#Ã"IJ˜š§#þ m½iHÈÈF ÌY•Cq ²Y³T‡ûB¥ÁÑÒaÁa ®®Õ]1*&E½ÀpEN¾cÖ é\œ8²m…N« OÄku^c – XQŒìJŸ SÖ › _Ãòš¿ˆI§-àcÐ% xSÙ/)mH94^â_ ÑKf|C³TÙ”ƒ“Á[ ILÕáÕl…L¤ûã–G* î‰$çs|C¨õËÛÜj ´ê%áÖsL·¼'øÐ|'½ ífŠ‡14O¿Õu=ƒæ I ùqóê&N¤»œwVé{ DÑÍ–ÝÊIž§ âVÅÑ= ËaqpB”´K¸°t%šwæÖ n .b@D} Êå½8 À€³½Õa@’ežšŠSq …UWNNª%M°fm†‚Ö8 b" øóO“34Y¡¡ÏR xwc4Ô<G—U ¡ þg ŒÌÝÅüA¦<ÆÖP»N l{ç÷UÖ·O±Nßc»1@Ð &Iöíæid@‚R³Sµn íÚ>n×—F‹éX–0Æ 2Õ2!ËGºS â…Í Wì¦@ÈÑbBœê n ‰ª w~ù IÅN—Ë5ÿ€'ž $=g4±L½3$=Eb•: ! R‘Î^$ ”F§n&Oì…¿ " î¡oqã ÕD B›EÓØ ÷ # `JäŸ{ J†Bellâ‚ $ á:Šì§aÜFºgÜ¥{—‚ % NG²Ì M¿@íKAÉqp & º‹¸nd˜Dˆ†9áŸP ' ýÛ;OÞH Nž/ÆèªÕ•[ ( Œéå.c GŸìÕÈñÞ ) ï•ÎpÃÛGª%óU>¹E * Žh4|ƒvN±Í™ò€·Ú + àðaÜ ÕOŒùrhD“5 , k³ZÇ.ôJ™Þ{uÜ`½K - ‘КL&VI¶R“³J‚» . %‡Òá ßEØ5\èW / °—T]ŽÒN°'|B+Sø× 0 Âá7²%Dº¾ð( 1 0úI>I“¾Œ‰rÈJb 2 õ — Lž×£È 3 gž·Ì JßG‘(3ô䎆 4 { @Ói×D³‚âÅ¢$ 5 §µûdåmFŠ4kÚ˜nÑ 6 S»j·ì lI“Ÿ"RIç>é 7 ‚QmÝK´’ÞƽoI 8 z£¾ µSýA³×…øR>Û 9 LY±Ì ÕàN§m·ã£ìÕ : ¤w0ÿÎT;F—ñ%¦W±X ; '|4º³g°@‰’ò¯[!ž < ¡R“f/@J‚ì^*´áµÝ = v˜¨«xÛ>G£‚¨‹ËàÝf > ?ùÉáüM³M²óí¡ ? N©t¤gL°í穵R³ @ %ìw%ÂyN”›¦†ÎïÊ2 A Uˆ:WHˆ™#@p]È B ¿o´''øeGŸT ]ä C —'׎YG·éÖVUžN+ D Ê®4O˜þNˆ8–ôÄ~%À E 57$)qD§2Åœ(9ˆ F À‘®ô¥c F Southold Town Board of Appeals -10- February 7, 1974 MR. ARNONE: I have no idea, myself, whether it would be in3urious. THE CHAIRMAN: The situation here, as far as zoning is concerned, is that his neighbors are on 15,000 sq. ft. lots. Some of the others are considerably smaller than the current standard of 40,000 sq. ft. We go by our legal counsel in the Town of Southold. Area variances are much more difficult to reject than use variances. A use variance requires that you prove a property can not be reasonably used or that you can't get a return for the property. The use variance is much more difficult to support than the area variance. We used to have trouble with people who were 6" too close to the line. The courts said that the Town of Southold would have to prove that it would spoil the well-being of the community. There are many cases where something is a little too close that we overlook and grant a variance. The Town can't afford to fight these things. To appeal to the Supreme Court costs about $1,000. We are guided on use ~ariances by the surrounding area. What is surrounding area? The State talks about 1,000 feet; %he Department of Environmental Control talks about 300 feet; the County is talking about 500 feet. As a rough rule of thumb, we use 500 feet. In this particular case, there are many smaller plots ~n the area. MR. ARNONE: I have been living in this area for about 25 years. I am originally from Brooklyn. I see no objection at all as far as the area is concerned. I am just quoting this individual who was quite concerned about the water level a few years ago. MR. GEIDEMAN: The roads are practically contiguous. If I were to draw it on this survey, the driveway would be almost the same driveway. THE CHAIRMAN: Is there anyone else who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient width and area for proposed lots on property located on the south side of Park Avenue, Mattituck. The findings of the Board are that applicant is surrounded, in the immediate neighborhood, by lots which are smaller than the proposed lots of 30,000 sq. ft. and 31,000 sq. ft. The Board agrees with the reasoning of the applicant. ¬€'n0ìÌŠÄL²ªÜ²ò">ñG$š¦q § ÃÀ § GijÆÇ 1„ä°‰H0A”ã gâ×MãÒŽ‚Ÿ !FHHá”! ‡@…pDÄü‰ƒA B %)DD¼‰>L sʉ’©ƒ(œãDpŽ‰þ0K''ÆÄ'8â Fœ/â˜8X‡®ˆˆÿÿóàÄâ@Ÿxĉø äiQóàyÅ™ô`3ÿpâ Å „Güÿÿ¤˜>ñÎà 0kƒˆh ƒ`NðÌQ!¡¸Q.r3œ 8"ŒzØœ n:#âsã”oâ"N c‘d^(çC9åT¦pªFDDDDüù"vâPâq¦ ‰ˆˆˆyb ‡y'.ÖbèˆÈO Ax:ƒ@ˆOw8J|â"޿雂ùŽ›‡é°yDüÿxÈLã$œN° J5RÛG$\kŠ0ñ ‘!Ž(˜¸ˆÓ#"â³Ö‡ƒL ¡#ÄEœøb O!Q8ñ! ¿ D¼'Î D$ÌâðˆH˜š$k¤³Ž8!.âb ¢Ç©9"ÉØÄM y"À‰'„ˆC!èñÉŸTÆñÿ ýº – ýº II* þ V p æ p ¢ æ î ( 2 ö ; È È È 2003:07:25 10:06:42 Kofax standard Multi1996 SNOWBOUND, ALL RIGHTS RESERVED d ìÜ`Ø™‰™dU¹eEü 1ñ‰<ñ‰‹xÄE\Ä‹ˆˆˆ!>q5âÄ{*‰xIiâ#&ª'稈ç"¶è"þˆ(ââ° NÄ yÂ\ˆølñD\ ñ1‚G!E§+DDÄ\Pâ"§£ÄÅq±E\1Ÿ1qå"†q4qÄ'.⎈ˆÿÿÿëÿÿÿÿÿÿÿÿÿÿÿ ÿº  ÿº II* þ V p æ p Î æ î ( 2 ö ; È È È 2003:07:25 10:06:42 Kofax standard Multi1996 SNOWBOUND, AML RIGHTS RESERVED d ìÜ`Ø3DÅ$+ªÜªˆÿI&â×71Îq²ÓDDij0ñ‰£tè‰Oœˆ+""ÎeâŸ>]ÄE8EDDDdD|âÊ„ˆ8ôpD Hœ%â§?q&nâGDDœeFœ‰G !>ñˆ‹¸bh D"ú1ñ‰câ L<â™ q#""‚Qq Gb;É0M|ÌbÄHd b–Ù3&.âD|âÓE<âD]ÌZ j@6_ˆˆ`GLœv,¢xâÑEœ 4\8‚`C†ñ¬ Ä1ñ@„à$`DDd€' f² ‰sº²q3L<â" ]Ä'>]Ä1ñ‰G<ŽØL\hdDDÄÁÁÅQÄ#.ºÓA¢p‡ „‚rBƒ!"xD ‚ˆ£ Southold Town Board of Appeals -12- February 7, 1974 THE CHAIRMAN: The sketch accompanying the application indicates that the addition will be on Pike Street to the east of Raynor-Suter Hardware, Inc. The side yard will be used as a road and connects with Ma%tituck Park District parking lot. There is also a letter in the file signed by Mr. Henry E. Raynor, Jr., as follows: January 29, 1974 Mr. R. Gillispie, Chairman Southold Town Board of Appeals Southold, New York Dear Sir: "In compliance with the N. Y. State General Municipal Law, Article 18 Sec. 803 (Disclosure of Interest), I am hereby submitting the following information with regard to a variance for Raynor-Suter Hardware, on the Feb. 7, 1974 meeting of the Board. I, Henry E. Raynor, Jr. am a part time employee of the Town of Southold, serving on the Southold Town Planning Board. Alma T. Suter is the spouse of Justice Martin Suter serving on the Southold Town Board. There is no one else having any interest in this corporation that is ~n the employ of any municipal government body. Thank you for your consideration in this matter." (Signed) Henry E. Raynor, Jr. THE CHAIRMAN: Is .there anyone present who wishes to speak for this application? MR. HENRY E. RAYNOR, JR.: We want to expand the existing business. Ail the sto~es on the east side of Love Lane use Love Lane for loading and unloading their stock. I won't let my trucks park there because I have access on Pike Street now. By utilizing this concept we open up additional parking. We, also, have an unencumbered right of way here which wll run the entire length of the parcel we have under contract. We have no control over this. We also desire to utilize this right of way at some future time. THE CHAIRMAN: How far out will your line come? MR. RAYNOR: We will own the r~ght of way. Southold Town Board of Appeals -13- February 7r 1974 THE CHAIRFLAN: Will,you use some of this for parking? MR. RAYNOR: We actually intended to utilize something back in here (referring to sketch) so it might be common access for all business back here. We had discussed the possibility of the right of way going right through with Mr. Terry. THE CHAIRMAN: What is the capacity of the Mattituck Park District parking lot? MR. RAYNOR: About 75 spaces based on the square foot requirements of the Town? MR. ROBERT BERGEN: This would be an improvement. They now have no backyard at all. MR. RAYNOR: In 1925 this was common practice. THE CHAIRMAN: There is a formula for determining the number of parking spaces. How many do you need? MR. RAYNOR: Should we completely comply with present regulations and purchase this parcel, we would be allowed to put on 6'3" to the existing building and use the rest for parking. THE CHAIRMAN: You could cut down on parking require- ments if some of the building were used for storage. The sales area requires 350 sq. ft. of parking area for each 100 feet of sales area° MR. RAYNOR: This, also, would give one more route of access. (The Board and Mr. Raynor had a further discussion of parking spaces while referring to the sketch). THE CHAIRMAN: As far as a reduction of side yard, you would be continuing an existing line. Your rear yard would be used for entrance and egress as well as, possibly, a through road all the way across. (Mrs. Lorraine Terry asked the Chairman if he would indicate to her on the map the location of the Raynor-Suter property and what property they propose to buy. After inspecting it, she remarked that "it sounds great". THE CHAIRMAN: They did something like this in Garden City. ô[ È2Ç ‡• È2Ç ‡• fC ? B$º×øEN»Ë@ ä ‰ªL œ – È2Ç ‡• È2Ç ‡• f ? ˜º¦7B‚Ø@ Bã’õU ù ¨ È2Ç ‡• È2Ç ‡• ™ ? ¥ žA ûòL‰ @ ¦ u€ÿ æ Î È2Ç ‡• È2Ç ‡• `A ? œ~ _µG¹q@ ?ö•0Éù Y Ï9 È2Ç ‡• È2Ç ‡• -Ï ? ¡Ø©³AûO†d@ mhòŽO ; ®> È2Ç ‡• È2Ç ‡• `z ? ó¡Ô?–OtF«3@ ¥ÉûÕØ ¾ ô± È2Ç ‡• È2Ç ‡• zÏ ? ª8[3üF®î@ áàyF » É È2Ç ‡• È2Ç ‡• ÙG ? UÙs˜.ÃF—@ ìVÁ–} Ï‹ È2Ç ‡• È2Ç ‡• Ê ? æžÀÝ:H¿y@ BCÛ× ¯ zŸ È2Ç ‡• È2Ç ‡• þX ? *ÊBŠÀ5‘K¦¬@ ea—Ý ¬! 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Ô $MNÉH†3@!„äH÷Ð8 ö¨ È2Ç ‡• È2Ç ‡• Southold Town Board of Appeals -15- February 7, 1974 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Henry E. Raynor, Jr. (Raynor-Suter Hardware), 320 Love Lane, Mattituck, New York, be GRANTED permission to construct addition to store with insufficient rear yard, offstreet parking, etc. on property located on the south side of Pike Street, Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. "š‚‰“‘8’‹FLá)r|S8Ç!…jÂ…-AÁ ŒÕ†A IåN¡ô` §fD<9ÓE\Ä' ÝÄE|â³ÀÊTEI™á4N¸Âž-ú|•!7ñ5""&c¾nâÈ„3|DĉDÄá#ÏPD¤+…ˆ‹/ÊÅ_H… '>”<dº”®äà1 *0ŒKŽMQ@æjD%§8bÐ"® ljqN ¦8õ#b¢(ùĉøÄEHt˜Žè(!ó<±‘/ºˆˆ¹ MLœˆ‹87q°'âEDDS …̓8‡ qq4"éBŽ²0ñˆƒN %.â’".âFDDĈH&mÄMÜÄEwDDL ±EW±g1½4Ù© †(ÞQb–$¨D\ú¥d¼Œ€$PJ"Bb‰ŽFœež8OÂqQŽ ×®PDA¥‚CÜBÓ‘,À˜ ˜X&®u ‰ Þ!„CdœÂ©K¼ˆH?Bÿ Xß þ Xß II* þ V p æ p æ î ( 2 ö ; È È È 11-24-1992 1996 SNOWBOUND, ALL RIGHTS RESERVED d ìÜ`Ø“1É_3ôñE|úÄE|⟡T´„/Ç!GÑ" Œˆˆ³08âY˜8BXÄExt".ú EDDDDL4;â">]ÄEqEDDDÄYÄñ‰‹!Š‰O\lMÂG8Ñ Áa†ˆ›¸ˆ‹#⊈)œ ”$*Œˆï ÙŠˆˆ³LÜÄE'âq=ú L¼M „q±ƒ † é">qEDDDDÄÿÏÂÄÿÄ#î dâþ Á 5„Á!4 %>qL|â≸ˆ‹}›Y G/ˆáN‰â#ñ–=""" Lá¥NáÄ8ÃiœÆ9Î΂¥!DDD$n8‡ qMì$œÂ9Nw g¸@PXd§‚(œÊêÑBDD k¢8"XDqŽÓ8å '×GÊ)\¢VêZˆ,ãÃÄ(q4˜8J\ApB i\B†KJ‘Ñ Ð#¬Äeâ& ñˆcâ7q úE GDDÄ- ˆøÄE\ÄE|HDpç8…ãôÂEðoAÈ""f!â/â7&>ñ‰CèÍqB”©æ!pSLI 27¨B&Žg@²ÀGDDD ¦vAªgˆ}A P•@ !\A,°YD.¾ˆk2Îq0Š ‚Ìâð! ñ,0“˜‰G\ô""þ?©? Yß ò Yß II* þ V p æ p þ æ î ( 2 ö ; È È È 11-24-1992 1996 SNOWBOUND, ALL RIGHTS RESERVED d%:,!QaŸ Q¢-G|*L\ÄEñ‰G|âLœ#"""â¤Pf".:BÜÄ¥FDD|–‰GœˆO ÏÂĉt&!>q""ŽY¢Oœˆ3qGDœ„‰O<âñ‰G J|☸ˆSDDDeA“GŸ8ÝÄ# bDDD|Ñ',žx" —G0ñ‰câD|:Á "NÍO)2UÄWDDÄ,">‹FBp‚NB„ÈÅ,"ñ³ˆnâG‰3ñ‰Gœ‰‹øÄM?"¦œŠ`}|$Æ°D|º ´Ð7qT ç8Lüˆˆ0U@)§""brÑCDĈS Jœˆ›8GˆO爈ˆHqÑaDÄ,¢›xÄ1ÝÄÅCÄEaEøkC¡ÝÄ!ÁÄ•…!DŽCâþ’d9Îñ!ሃ‚âYˆñ@0ñˆ£Ä‰ø2ñ‚ˆ 1‹è"^DœEâ‰YÄE!¾†‰3„‰£MœA0ñeâLüQâ8Ã!hŽã„ ‡ 01""b‡ CDp&gaâDÜÄù‚@AH&£©ˆ0„ˆ˜rPDDœ…ˆ3‰SÄHX_X"NÄã$œv2Îqî ç DŒˆˆˆ„/˜…‰‹azŒ>Dá¾#""1q‡GÄ,ñ¢‹¸øb‹.r[…0ñ aâ(ñèFDDÄøÿ?© Zß ’ Zß II* þ V p æ p ž æ î ( 2 ö ; È È È 11-24-1992 þ æ î ( 2 ö ; È È È 11-24-1992 1996 SNOWBOUND, ALL RIGHTS RESERVED '©’¼üqn®8EÄM|â&>q”øÄ'N !~DDDDžˆ 1…‰Ã‚>q$ŽˆˆS̘Îl-hQ ‚ ñŽ [t1L\Ä'®)‡ G'áPD0q‚¾ã&>45”“qH¦‚w$É㈈8†PÄa ÉŒEtÄ)ÄGtÑÅ‹bCt1ÄQ„ˆ2ñAˆp\Ô܉à.¡“p)ÿöˆHÆ D׈HJ™ã âEÄ)Pâ° 'óÈ ™jê¨zDDÄ)ÐxŠˆ›øñDý\bˆøô÷‚±„¥ï‹J£!Ü8$Ê) tãà"N§ Çÿÿÿÿÿÿ T àù ä å å g2 å å ° ¹&Ô=P áù ð áù II* þ V p æ p ü æ î ( 2 ö ; È È È 11-24-1992 1996 SNOWBOUND, ALL RIGHTS RESERVED 'C$_~±`ŒÇE\5å&®GB—dâ×hg¡ ?׉¿ˆ+2|ˆ¸Á|½SþŽá7ˆ¸†$™EÄq‡’ S8Ç%ˆ¸""|CÐ’$ľÝÇ“ŒÐawDL$‡çˆxr‡'âL %Nt8/ò„ˆ<!"&Ÿx ‚%:‚©BI!NŽ‰ñ‰ƒ7q/+!""²˜>ýäÜÄ1ñˆ‹Ž7}â¢sD8""Â<áÅqÊÃÉ1ñˆqhGÄ1¹#qø<1D!~ nâÇA GDDÄIˆ>ù!˜8”¸¦p(µ'"yãøÿÿÿÿÿ'¨âÿ€ € T áù â å å g2 å å ° ¹&Ô=P âú âù II* þ V p æ p æ î ( 2 ö ; È È È 11-24-1992 1996 SNOWBOUND, ALL RIGHTS RESERVED $rÉ°=˜?ɯždÝÂOr€þ6¥…ÄE†¸Dù#³ÒŸ¸ØCÐD,ˆ!âZã\TÄI@ Ħ/CBü°”1_.H‘øÈoA§`jØö_râ b S¸@.ºÆ£$c Q8$ TRÔÓ ‚è(Hˆµ@Ä›¸öÄ Southold Town Board of Appeals -18- February 7, 1974 THE CHAIRMAN: He is a joint applicant but you will become the owner of the plot. 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? CHARLES CUDDY, ESQ. of Tooker, Tooker & Essex: I am representing Mr. William Schriever who is an adjoining property owner. We have several objections although it's hard sometimes to object on a basis of people's needs. Lack of funds is a reason that would be shared by many people in the Town. If this type of reason were permitted we would have an enormous number of applications. THE CHAIRMAN: It would not be granted for that reason. MR. CUDDY: This application basically is for an 8,000 sq. ft. area and the Ordinance requires 40,000 sq. ft. The Ordinance requires people who are subdividing to adhere to the subdivision rules. Those people who.are subdividing , and Mr. Schriever is one of them, are required to go through a lot of expense. This lot is not a variance type lot. This is amending the Zoning Ordinance at this point to have 8,000 sq. ft. where it should be 40,000 sq. ft. I realize that Mr. Terry talked about non-conforming lots. I am aware of their sizes, and Mr. Schriever has made up a chart to put in evidence. The size of this particular lot is 20% of the requirement. That means if this were granted you would have it in an area that requires 40,000 sq. ft. It's a very, very small lot and is way out of whack as far as the Ordinance is concerned. Also 280A, which is the right of way requirement, requires that there be room for exit and entrance particularly for emergency vehicles. It. is suggested that it is preferable to have the right of way straight. At this point we wish simply to make an objection to having an adjoining owner spend an enormous amount of money and time and effort to develop lots which are 40,000 sq. ft. in size while a variance is entertained by this Board which would grant a very, very minor lot even for the area it's in. Southold Town Board of Appeals -19- February 7, 1974 THE CHAIRMAN: YOU heard ~¢lr.. Terry mention three lots which are smaller. MR. CUDDY: I would like to place in evidence that the ~ot that would be made out of this would be next to the ~owest lot in this area. (Mr. Cuddy presented the Boar~ with a list of presently existing house lot areas in block bounded by Village Lane, Tabor road, Main Road and Orchard Street together .with -subdivided lots proposed by E. E. Luce, Jr. and George V~il arranged in order of decreasing area.) MR. SCHRIEVER: There are nineteen lots there that are used for houses. There are none on the west side. These are the lots that are within the block. THE CHAIP~4AN: There is no definite guide line. We are required to consider the character of the whole area and there is nothing that says they have to be in one block or on one side of the street so when we have an application like this, as a rule of thumb, we go about 500 feet away, and there are many lots here that are smaller. MR. CUDDY: I think there are alternatives available. I think there are lots that are available and I believe Mr. Schriever has an alternative to make to~ them. Mr. Schriever would like to speak to them, Mr. and Mrs. Luce. THE CHAIRMAN: I am not sure we would want to get into a real estate discussion. I believe it's irrelevant but we can hear from Mr. S~hriever. MR. SCHRIEVER: I have a map which has been made by Van Tuyl. The lot which is being proposed is here (referring to map), and there is a piece of property here which will not be a lot in my development because I have to have 40,000 sq. ft. In cluster zoning I still have to have 40,000 sq. ft.. THE CHAIRMAN: (Referring to map) You are obligated to sell this to Dr. Moor-Jankowski. MR. SCHRIEVER: I can not release this lot for a number of reasons. The area that is contained in this lot is necessary to support my application. If I eliminate this lot from my proposal I must replace it with an equal amount of area My suggestion is that if Pete Luce were to acquire this lot back of Tabor's... Southold Town Board of Appeals -20- February 7, 1974 MRS. CAROL LUCE: Mr. Tabor won't sell. MR. LUCE: You can't make me a deal for anything here. MR. SCHRIEVER: (Referring to map) If this piece of property were put into open space it would replace this piece. I think it would be a better deal if his house were built on this lot rather than this backyard. THE CHAIRMAN: As a practical matter, how can you consider it? MR. SCHRIEVER: It's a joint venture deal. This lot shall be disposed of to our mutual benefit. If we are going to have another house this would be a better thing. There is more justification for this type of variance. Pete Luce is a friend of mine but I feel strongly that the precedent that this sets could work to my disadvantage. Every lot that is around where I am living is occupied by a person who is not young and who may have an infirmity now or at some future time. It seems to me that it would be extremely easy to extend this precedent. Has this ever been done before? THE CHAIRMAN: Yes, for smaller lots than this one. The County Planning Board is considering one in Huntington which is 10,000 sq. ft. and has four double houses and needs a variance on parking requirements. This is not exclusive to the Town of Southold. There was one in New Suffolk that was 30 feet wide. MR. SCHRIEVER: Has a variance been granted by this Board to sub-d ivide a half acre lot since the Ordinance required one acre zoning. THE CHAIRMAN: Originally it was 12,500 sq. ft. so there were many lots that were 20,000 sq. ft. or 18,000 sq. ft., and many of these were divided. MR. SCHRIEVER: What is the purpose of one acre zoning to create one acre lots which can be subdivided in the future? THE CHAIRMAN: The purpose of zoning is to control growth in an orderly way but there is nothing that zoning can do about existing situations. Southold Town Board of Appeals -21- February 7, 1974 MR. SCHRIEVER: Does it mean that each one of my lots can be resubdivided? THE CHAIRMAN: Are your lots one half acre? MR. SCHRIEVER: Take Petty's Bite with one acre. What is to prevent people from coming in and resubdividing those lots? THE CHAIRMAN: You do it under subdivision regulations. When you come in to the Board of Appeals you have a hardship and you specify that you are not changing the character of the neighborhood. We are not talking about the concept of open space. We are talking about an existing situation. We have clusters of areas where the lots were much smaller than the new concept. This exists all over the United States. When zoning came in many owners had no way of enlarging their lots. Suppose we make it two acres tomorrow, that doesn't affect hardships that develop on existing or undersized lots. MRS. LORRAINE TERRY: How much property does Mr. Schriever own, or is it under option in this cluster concept? THE CHAIRMAN: What his property is or is not is not relevant to this hearing. MRS. TERRY: I was wondering about the boundaries as stated in the legal notice. MR. SCHRIEVER: J. Kripinski was left out. THE CHAIRMAN: It should have been in the legal notice but I think we can rule that this is an accurate description. MRS. CAROL LUCE: I think Mr. Kripinski was under the impression that the driveway was his. He inherited this property. He doesn't own the right of way. MR. TERRY: Mr. Kripinski's driveway isn't even in the right place. MRS. CAROL LUCE: Mr. Schriever was worried about old people or infirm peoPle resubdividing. If someone came to you,~you would take that into consideration. They would not be able to cut it up very easily. THE CHAIRMAN: (addressing Mr. Schriever) To your east is a property that is 40,000 sq. ft. in area. Southold Town Board of Appeals -22- February 7, 1974 THE CHAIRMAN: That would be Ike Edwards property. MR. LUCE: The property we are on has a 75 foot frontage. THE CHAIRMAN: Today, they have 150 foot frontage requirements. MR. SCHRIEVER: These are existing properties but it's hard for me to fathomthat when a man goes to the Planning Board he must produce 40,000 sq. ft. lots. THE CHAIRMAN: Providing the adjoining properties are of similar size. The appeal we are hearing is a difficult one. I believe this should be a little l'arger. The applicant is leaving about 18,000 sq. ftl to the Vail house and is only getting about 8,000 sq. ft. I think we will have to postpone a decision on this. DR. J. MOOR-JANKOWSKI: I want to be specific. I am, in no way, involved in development. I had an option. My profession is medical research. THE CHAIRMAN: (Referring to map) I believe you said you hoped to buy both of these. MR. SCHRIEVER: Permission to subdivide must go to the Planning Board. Any time you make one lot into two, it's a subdivision. CHARLES CUDDY, ESQ.: The application, itself, is couched in terms of two applicants. Is it normal procedure? There ~s a subdivision. THE CHAIRMAN: Normally, the Board of Appeals handles a situation like this. When it goes over two lots the Planning Board is involved. If there are two undersized lots and one full size lot and the Board of Appeals agrees, we approve~and then the Planning Board has to approve. Our Board used to divide up to four lots. MR. LUCE: The way it's set up the whole piece of property will remain in the family. THE CHAIRMAN: Your Mother will inherit two houses on one lot but the proposal here is to divide the property. Southold Town Board of Appeals -23- February 7, 1974 THE CHAIRMAN: Are there any other questions? (There was no response.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 1871, Elbert E. Luce, Jr.- George M. Vail (uncle), until 7:30 P.M. (E.D.S.T.), February 28, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Doyen. PUBLIC HEARING: Appeal No. 1873 9:00 P.M. (E.D.S.T.), upon application of Audrey H. BIodgett, Narrow River Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bclk Schedule for permission to construct dwelling with reduced setback. Location of property: N/S Narrow River Road, Orient, bounded north by N. Manley & Others; east by R. Luck; south by Narrow River Road (King St.); west by H. Applegate. 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: The application is accompanied by a survey indicating that the house is to be located on the easterly portion of an irregularly shaped lot which has approximately 141 feet on King Street, 87 feet on the westerly dimension, 147 feet on the north, and 93 feet on the east. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -24- February 7, 1974 MRS. AUDREY BLODGETT: I don't have anything to add to what has already been stated. THE CHAIRMAN: When did you purchase the property? MRS. BLODGETT: In April, 1973. The Applegate property to the south has a.little summer cabin on it. In designing the house, when the surveyors got t6 siting it, I found a small portion of the house would extend beyond. It's a year round permanent residence. I wanted to get the sun. THE CHAIRMAN: I think that's a good way to set it. Is this glass here? Mrs. Blodgett showed the Board a sketch indicating the glass areas. THE CHAIRMAN: Would you have any objection to moving it back 10 feet? MRS. BLODGETT: No. THE CHAIRMAN: That would be so any portion of the house would be 35 feet from King Street. It's a standard amenity. MRS. BLODGETT: This is the way Van Tuyl said I would have to put it. THE CHAIRMAN: We would much rather that you had a variance on your rear yard. You can still angle the house. I think Van Tuyl's angle is better than yours in the angle to the sun. You are emphasizing the morning sun. MRS. BLODGETT: I was worried about the westerly sun. The back as they have it is 26 feet. THE CHAIRMAN: That would have to be reduced to 16 feet. MRS. BL©DGETT: Do I have to apply for another variance? THE CHAIRMAN.: No. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -25- February 7, 1974 After investigation and inspection the Board finds that applicant requests permission to construct dwelling with reduced setback on property located on the north side of Narrow River Road, Orient. The findings of the Board are that applicant proposes to locate the house on the easterly portion of an irregularly shaped lot, angled to get the sun's rays. The Board agrees with the reasoning of the applicant subject to the house being moved back so any portion of the house will be 35 feet from King Street. 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. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Audrey H. Blodgett, Narrow River Road, Orient, New York, be GRANTED permission to construct dwelling on property located on the north side of Narrow River Road, Orient, as applied for, subject to the following conditions: 1. That the house be located no closer than 35 feet to King Street. 2. That the house be located no closer than 15 feet from the easterly side line. 3. That the house be located no closer than 12 feet to the rear yard line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. PUBLIC HEARING: Appeal No. 1874 - 9:15 P.M. (E.D.S.T.), upon application of Raymond & Ruth Woolfe, Fishers Island, New York, for a ~ariance in accordance with the Zoning Ordinance, Article IV, Section 100-40 and 100-41 and Bulk Schedule for permission to divide house and lot with ÷ç? ÷ç?1 ÷ç? H e AOriginal Zoning Map 4/09/19570 < € 6 € { hEÏ? hEÏ?] hEÏ? H S ABefore 20030 < ~! ß4 ~! ¦Gè? ¦Gè?1 ÜGè? 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H T B1000-70.-7-4 §p,ˆ¸èÒ ä O&>]ˆx„6qoDÄIý”¢üˆ5>%Ÿ8gâLŸ¸ˆë†P¢†r#˜øÄ# ñGDŠ0""N‰7ljqbœÂ9ÎœÂ)œƒ ‚L\ÄÃA !"bðˆˆˆÈ˜ø8"1M ÇÄ™81 ÏqIˆ ‡‰G¼ M g8¤ãˆô@ò!蚌ˆˆh §yDœäˆG׈Èq'âŸ8Ɉ>è–$šŠh2q—#¢âAŽÈ%Šs§ˆAæ8Ç9Ž&nÐÆÃÄaDDœd8.5lj Õ=b¬æ ‚ãN‰ˆL ‹á Ɖ%Šˆˆ“L…‹¸‰‹.âæiŒ%7qŸøƒ8Îq*""ââÄÑñ'!®‰CÆ'Œ‰ 2ÉPbÓH0øø”_lž ˜¸‘>NźA8AE<HÄ£/ QXÍq§xƒÀ„ œ ˆã›xÄ‘.hÄÉ Ë T ¾â ì Jü /ü ž£1 /ü /ü ° ý&Ô=P T ¿â Jü /ü ¦£1 /ü /ü ° ý&Ô=P T Àâ d Jü /ü ®£1 /ü /ü ° ý&Ô=P T Áâ þ Jü /ü µ£1 /ü /ü ° ý&Ô=P T Ââ à Kü /ü ½£1 /ü /ü ° ý&Ô=P T Ãâ Kü /ü Æ£1 /ü /ü ° ý&Ô=P T Äâ 4 Kü /ü Σ1 /ü /ü ° ý&Ô=P T Åâ j Kü /ü Ö£1 /ü /ü ° ý&Ô=P T Æâ ¾ Kü /ü Ý£1 /ü /ü ° ý&Ô=P T Çâ < Kü /ü ä£1 /ü /ü ° ý&Ô=P 0 €? €? €? ð#ÁYð#ÁY0@’Uì>IPää˜ àä˜ ?IP@>IP˜'ÁYäoÊXèlÊX ?IP”<IP 8?IPP?IPh?IP€?IP˜?IP ”² l àZÖT ÀEÖT€FÖT€ZÖT èBÖT ˜AÖTØAÖTBÖTÀ›qmXBÖT ?IP Ð/ÁYä/ÁY€—qmˆ3ÁYÔ² l `ÊX @’UÜÔh À l Ä p ÈtÀô2x P:` ÿ *…ATò0ü Å: WP V 'â ç B å È ŸÌ , ×Î ~ aÐ êÒ 8 .Ò , fÔ Ž × + 5Ö @ ‚Ø ¥Ø v %Ú # SÛ wÜ - ä î T ;ð ) pñ N Ëò U ã :® =, Ö>T 7@2 tA¢ !D7 bE, šFa N 3J‡ ÅK, þM- 6LP N- ã `` ObX ! ±d4 ñfl hgi Üi i, 8k` ¤l Èm, ÿoL â N ;¯Ê ³( H´" á Ôº §×7 èØ, ÙU Û ¥Û~ .äu ®à- æ✠Žä Southold Town Board of Appeals -28- February 7, 1974 PUBLIC HEARING: Appeal No. 1875 - 9:30 P.M. (E.D.S.T.), upon application of Ann Werber, 87 Beach Road, Kings Point, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permission to construct new dwelling with insufficient area on property located on the south side of - Indian Neck Lane, Peconic (Private Road), bounded north by Indian Neck Lane; east by D. Branch; south by Peconic Bay; west by Indian Neck Park Subdivision. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearinq, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey. There are two houses on the property one of which is an old cottage. Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I am here to represent Ann Werber. THE CHAIRMAN: The reason, as I understand it, for relocating the cottage is to get a view of the water. MR. BRUER: As you can see from the zoning map, this is one of a number of long, finger lots. There is a two story frame houss fairly close to the water, it's a summer house. Behind it there is a garage and behind that a bungalow, which has been used by her sister and brother-in-law. All the structures there precede the Zoning Ordinance. I had discussed with Mr. Terry that if we could use existing parts of the walls of the existing structure, we could continue a pre-existing use. We would like to move it over a little bit THE CHAIRMAN: In order to have two houses on one lot you have to have 80,000 sq. ft. It would seem that the most useful thing would be to set off 80,000 sq. ft. No other houses could be built in that area, or yQu could set off two lots so that each had 40,000 sq. ft. MR. BRUER: Mr. Terry said we could not put this house here. THE CHAIRMAN: You have to put this house way back the woods. MR. BRUER: Mr. Lesso who has contracted to build this new house is here. THE CHAIRMAN: You have a hardship with that lot. Southold Town Board of Appeals -29- February 7, 1974 MR. BRUER: There is a hardship because of the square footage. THE CHAIRMAN: I think you could make a 40,000 sq. ft. lot if you wanted to have it come out far enough so that the other one would be 40,000 sq. ft. (Referring to map) This 40,000 sq. ft. would be an even strip down here~ the other would be wider. Or, you cut out 80,000 sq. ft. and leave the houses where they are. MR. BRUER: But I would still have one house on 40,000 sq. ft. THE CHAIRMAN: You are permitted to have two houses on 80,000 sq. ft. MR. BRUER: I think it might be the answer to make two slivers. (The Chairman read the uses permitted). THE CHAIRMAN: My s~ggestion was that this be 80,000 sq. ft. You have an existing use. They are not going to sell off one of them are they? MR. BRUER: The sister might ask for title if she is going to put a substantial amount of money in it. THE CHAIRMAN: Get a survey that we can approve for two lots. MR. BRUER: We could take 40,000 sq. ft. with right of way to this point and leave the balance. That would remain with Ann Werber. I know the people. He is an accountant I was associated with. It is their contention that this remain in the family. The Chairman read Sections 109-30 and 100-31. THE CHAIRMAN: I think we could divide this into two lots. The house size is 24' x 36' The conditions would be: no closer than 12 feet to the easterly line; no closer than 35 feet to the southerly line; no closer than 18 feet to the westerly line; and no closer than 35 feet to the northerly line. These people can still own both lots but this is the way we would break it up. MR. BRUER: T here would be just two lots. You are cutting 40,000 sq. ft. out of the easterly side, leaving one remaining lot. I will have to get State Environmental to inspect it. ; 5w Ã: d ‘' Ï 9 e ™ % Õ¥ ¯ 2ï º2¤ t5% ¯2Q 1% S1; ¦/c /e ™5 ?3& ~/< ± V³ }X< ÐT¡ ‰U` RË ãWs sRN ØR: ± ê´ ¦ z< Ñv¢ ‰v: St& “rR ÷xŽ ›z: ít< ?t ² ›% ï šO S ýŸ% :™b ² ' ïš: @˜Ž æ™È Å–P ,–% k—= ± ¾P »% U»´ &»N ‹»O îº ’¾Q ù¶z Š»% Ƹ9 ¸ ´ àu @ßR ¨Ü| ;ß' ´ÚØ 9Ù; žÚP Ú‘ ³ O ÿ} «& éÿR Pÿ$ M ïŽ ”þ) üûp ‰ü" Ìüî ³ !_ º Îb 2Ï& oÌ{ Ò( AËL ÉÇL ¹ ï; í$ tëM Fí3 ÷ *W B ,MM Ù \J 6 ˆc‹ . cw ( ˜ \ ˜ \ ʸ$ ö¸ ¸m Éf g ŒÎ5 c ÑÏq " ÑÏq " ÑÏq " JÐ ! ‘Ï) ¬çp ¬çp ¬çp ¬çp &ç •é ƒÿR ƒÿR ƒÿR ßÿ ‡ < ‡ < üP üP üP ‚.q ‚.q ‚.q ü. / ! I/ m0- m0- ¥0 {L ¦ ¸ ™ … & ¡q ¬ / ¡q ¬ / ¡q ¬ / Ú‰ Ú‰ Ú‰ î‰ ¿ ! Á‰ J ¥ Ê b| ¥ Ê b| ÂH‘ : ÂH‘ : †S† 4 †S† 4 TS 5 ¦ mJ t] ŒZ ŒZ òZ jŒ\ jŒ\ Np Öœ Žo ¦$ £— ( £— ( £— ( Ì£ ¥2 O¨I O¨I ®¦# 观 观 €¤J á¦" {§_ # {§_ # ç¸A Bº1 Bº1 Ž»J N¾‘ N¾‘ » F½1 •º¤ •º¤ }Î4 ÉÎ` ÉÎ` @Ñ— @Ñ— ïÔ# (Ò¨ (Ò¨ (Ò¨ çÐk £ q £ q £ q (& bê bê bê bê jn jn î5 <G ›~ ›~ ¥ @6 ð > ð > ¦ U• ¦ U• § mo § mo ,n$ gqK ¦ …– ¦ …– ¦ …– ¦ …– S†# …K © ™¦ © ™¦ Southold Town Board of Appeals -31- February 7, 1974 THE CHAIRMAN: Is it a two story structure? MR. HYATT: There would be a basement underneath with a bathroom and shower and bedroom above. THE CHAIRMAN: Are there any questions? (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 construct addition with reduced average setback on property located on the east side of Reydon Drive, Reydon Shores, Southold, New York. The findings of the Board are that applicant proposes to add a two story addition to the northwest corner of his present house. The existing house is built partially into the bank on the southwest corner, the only nearly level ground is on the northwest side. 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, Charles McCormack, 19 Tunstall Road, Scarsdale, New York, be GRANTED permission to construct addition with reduced average setback on property located on the east side of Reydon Drive, Reydon Shores, Re-sub. Sec. F, 1/2 Lots 18, 19 and 20, Southold, New York, as applied for, subject to the following condition: That the addition shall be no closer than 10 feet to the front property line on this irregularly shaped lot; and no closer than 20 feet to the side yard facing on the parking lot to the north. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. try\HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\mspadmin\Parameters\Alerting\Protocol violation ÿ( € gQr2úf " — \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\mspadmin\Parameters\Alerting\Protocol violation\AlertTriggerRate (per second) ÿ( € gQr2úf , DelayBetweenAlerts (minutes) ÿ( € gQr2úf 6 EnableAlerting ÿ( € gQr2ûf SetEventOnAlert ÿ( € gQr2ûf LogEventOnAlert ÿ( gQr2ûf ^ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\mspadmin\Performance ÿ( € gQr2ûf f \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\mspadmin\Performance\Library ÿ( € , gQr2ûf ( Open ÿ( € 2 gQr2ûf 2 Collect ÿ( € . gQr2ûf > Close ÿ( € gQr2üf WbemAdapFileTime ÿ( € gQr2üf WbemAdapFileSize ÿ( € gQr2üf WbemAdapStatus ÿ( € gQr2üf ( Last Counter ÿ( € gQr2üf 2 Last Help ÿ( € gQr2üf < First Counter ÿ( € gQr2ýf First Help ÿ( gQr2ýf [ \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\mspadmin\Security ÿ( € ¸ gQr2ýf d \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\mspadmin\Security\Security ÿ( gQr2ýf & W \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\mspadmin\Enum ÿ( € 4 gQr2ýf 0 Y \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\mspadmin\Enum\0 ÿ( € gQr2ýf < Count ÿ( € gQr2þf NextInstance ÿ( gQr2þf R \\2KSERVER\Registry\HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Services\M Southold Town Board ,-~of Appeals -33- February 7, 1974 MR. PETRAUSKAS: There are two monuments. I measured 40 feet and apProximately 34 feet. THE CHAIRMAN: Where do you propose to put the addition? (Mr. Petrauskas showed position of addition to Board). THE CHAIRMAN: Did you buy this lot? MR. PETHAUSKAS: Yes. THE CHAIRMAN: These two lots were in separate ownership. The other man may have elected to put his trailer further back. Does the other man, who owns a trailer there, own down to the road? MR. PETRAUSKAS: Yes. We both have 100 foot frontage. THE CHAIRMAN: Yours is closer to the road. MR. PETRAUSKAS: Yes. I was going to have the trailer further forward but ran into trouble with cesspools. THE CHAIRMAN: I hope you are right about this 34 or 35 feet. Do you have a veteran's disability? MR. PETRAUSKAS: I have 100% disability. THE CHAIRMAN: Your family is located in Mattituck and living in the trailer. MR. PETRAUSKAS: Because of the nature of my income it will take a little time to get this developed. I am doing most of the work myself. THE CHAIRMAN: Do you have any trouble with your side yard on this? MR. PETRAUSKAS: No. THE CHAIRMAN: How much time do you need? MR. PETRAUSKAS: I could use a couple of months after I get the structure. Southold Town Board of Appeals -34- February 7, 1974 MR. PETRAUSKAS: My disability has been cut from 100% to 80%. It was a matter of paper work. When I am reinstated I will receive $548 a month again. I just graduated from Souths/r~pton College. I will be getting a degree in June in Business English. I think I will be going to graduate school C.W. Post. THE CHAIRMAN: Do you think you can get this in shape in 90 days? MR. PETRAUSKAS: I think so. THE CHAIP~J~N: Some of the members of the Board will go up there and check out the monuments. THE CHAIRMAN: Does anyone else wish to speak for this application? MR. BILL COSTANZA: H~en he got a notice from the Building Inspector, my~wife and I went out and measured the closest point from his trailer to the road and we measured 37 feet. MR. PETRAUSKAS: I was notified t~ice that I had to be 35 feet from the road. THE C~AIR~N: We will look at it ourselves. I suggest we postpone decision on this until we ascertain the facts because there is a conflict. Have you got papers or a Deed showing that you bought it, the other mobile home? MR. PETP~USKAS: I have a sales .slip. I b~ught a burned out trailer from Riverhead Mobile Home'~Park. The man that has it said he would clean it up and th~ni.I will make final payment on it. The inside was gutted. It has to be reinsulated. MR. COSTANZA: The inside of the trailer is not messed up from the fire itself. He is u~ing it for storage space. MR. PETRAUSKAS: He is in the process of cleaning it out. On motion by Mr. Gillisple, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 1877, Joseph W. Petrauskas, Mattituck, New York, until 8:15 P.M. (E.D.S.T.), February 28, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. Southold Town Board of Appeals -35- February 7, 1974 Six (6) Sign Renewals for Florence Ziegler, A. S. Witek, Village Marine of Mattituck, Ralph Conklin, Getty Oil Co., Gordon D. Miller, were reviewed and approved as submitted. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.D.S.T.), Thursday, February 28, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Robert R. Annison, 6010 Sound View Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:45 P.M. (E.D.S.T.), Thursday, February 28, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Agneta H. Ewer, Smith's Road, Peconic, 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 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. Southold Town Board of Appeals -36- February 7, 1974 On motion of Mr. Doyen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M. (E.D.S.T.), February 28, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of John Divello, Hill Street and Wickham Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec. (305). 100-35 for permission to construct 7 foot chain link fence in front yard area. Location of property: E/S Wickham Avenue N/S Hill Street, Mattituck, New York, bounded north by Long Island Railroad; east by C. A. Price Co.; South by Hill Street; west by Wickham Avenue. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 9:15 P.M. {E.D.S.T.), Thursday, February 28, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Stanley Fliss and 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. Location of property: Bray Avenue and Albo Drive, Laurel, New York, bounded north by W. Brock; east by Albo Drive; south by Bray Avenue; west by J. Zimnoski. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. On motion -by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 9:30 P.M. (E.D.S.T.), THursday, February 28, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearinq upon application of Harold 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 Hill Road, Mattituck, New York, bounded on the north by J. Carlton; east by J. Carlton; south by H. Smith; west by West Hill Road. Vote of the Board:Ayes:-Messrs: Gillispie, Bergen, Doyen. Southold Town Board of Appeals -37- February 7, 1974 On motion by Mr. Gillispie, 'seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated January 10, 1974, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen~ On motion by Mr. Doyen, ssconded 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.), February 28, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. The meeting was adjourned at 12:00 P.M. Respectfully submitted, ~/~:'-~'~.~~~ ~ Marjorie McDe~ott, Secretary Robert W. Gillispie, Jr., Chairman