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Home My WebLink AboutZBA-01/10/1974Southold To oard o£Appeals SOUTHO , . I., N. Y. 119'71 Telephone 76.5-£660 APPEAL BOARD MEMBERS Robert ,,,v./. Gillispi¢, Jr., Chairman Robert Bergen Charles Gri!3onis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U TE~S SOUTHOLD TOWN BOARD OF APPEALS January 10, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, January 10, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr. Also present: Mr. Howard Terry, Building Inspector. Absent: Messrs: Fred Hulse, Jr.; Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 1866 - 7:30 P.M. (E.D.S.T.), upon application of Eugene and Sally Martens, 161 Rockaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 Section 100-35 for permission to erect and maintain stockade fence of excessive height. Loca%ion of property: S/S Bay Avenue (Skunk Lane)Cutchogue, bounded north by Bay Avenue (Skunk Lane); east by Town of Southold & Cutchogue/New Suffolk Park District; south by Broadwaters Cove; west by A. Petrucci. /~e 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 newspape~rs, and notice to the applicant. Southold Town Board of Appeals -2- January 10, 1974 THE CHAIRMAN: The application is accompanied by a copy of a survey dated January 17, 1972 indicating a stockade fence (6 and 1/2 feet high) on the westerly side of the property and a 4 foot high fence in the front yard area, running back from Bay Avenue. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: I might explain that the applicant has a non-conforming contractor's business bordering this property. The purposes of this fence is to screen out some of the non-conforming uses that occur. MR. HOWARD TERRY, Building Inspector: He has a permit for a 4 foot fence but wants to carry out the 6 and 1/2 foot fence further toward the front yard. He would like to carry it a distance of 25' to 30' to the front. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to erect and maintain stockade fence (6 and 1/2 feet high) on the south side of Bay Avenue (Skunk Lane), Cutchogue. The Board finds that applicant has a non-conforming contractor's business bordering this property and wishes to screen out some of the non-conforming uses that occur. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or un- necessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance Will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was E–4¬L4,„4ž+4Aw4vø4,.4A{4xý4,34®ö\"$[v¦[h[-N[w[,[@÷[p r[.¬[_[-ô‚ñð‚D=‚_‚R_‚R½‚Ñ¤‚Œ:‚-s‚-¬‚-õ©mm©,¤¨Úˆ¨¨¨°c¨D³¨£c¨ÙH¨,~¨@öÏ„KøPKøP_6¹¶;¹¶;¹¶;¹¶;µŒÅ†Œ²½ÿõ½ÿõ¿4 ý<D1¾L ÎEèL5 &LKL°¼—ß—¨¼ãe *ã Ãä¥sä™T9 ˆ¤¤Ü÷2¤ ¤¡±&Ô=PT: Ø ¥!2@ßƒ‚ÈØÁ&(ÌbHjˆØÁ&s:@>Ìb(ÌbÔ=P¶`"8aH•`h¬œm0œ’×œZGœlÊ›S;œV;œV©œS¡Hu¡"œS!S¢x›Zèœ"¬¿C¬úm/ùZ øGýøYlú"£ÿ7îú4:ù£óúYcÿ}÷ú5Aù±®33Z3¸3~N4 ƒ2€5VŠ4XŠ4Xú4Sg9HÅ9"þ5S®noY‚o¸o~Op„npHxojxojûpS®¨©\©¸©~N© ƒ¨€ª R©}åªUX©VX©VÆªF"ª!Zª4£©ZÑ"äÌZTÌ#Í±T è ¥!2@ßƒ‚ÈØÁ&(ÌbHjˆØÁ&s:@>Ìb(ÌbÔ=P! dÈX¬SÌX¬S|¤ d€¤ dpY¬StY¬ShßïPÐÑïPFçç@Ð4 Ð¥@X½[ßïP˜ ÀïPðßïPðØïP'p†$–4òF`´ÿ*…AT^®¥ˆ>u;Åö åP¶s 7sÊsPÔÓ9$ÕNŠÔ$ÈÑÈÈÑÈªÓNÕ$OÒtÝÐ³©Ñ²tÕ"×ñšŠù&Êô8õNö$ÁõL%òŸÝô9/õÃ"ö:Öˆv$¶KNƒ#À Southold Town Board of Appeals -4- January 10, 1974 MR. DONALD ARCURI (cont'd): You can see from the diagram that it doesn't leave too much room on the bluff. It's about 100 feet across the bluff. There is growth on some parts of the bluff. We would like to set the house back from the bluff as much as possible. I have a letter from the Department of Environmental Conservation. The Chairman read the following letter from New York State Department of Environmental Conservation, Albany, New York, dated December 20, 1973, as follows: ',RE: Petition No. TW-15273-0055 Petition for Moratorium Permit Dear Mr. Arcuri: Your petition has been forwarded to this office by the Local Tidal Wetlands Permit Administrator who has made a review and site inspection. As a result we have determined that construction of the proposed one family dwelling will have no adverse affect on adjacent tidal wetlands. Therefore, pursuant to Section 25-0202 of the Environmental Conservation Law and the Commissioners Directive dated November 12, 1973, you are hereby notified that no permit will be necessary. (Signed) Louis M. Concra, Jr. Central Tidal Wetlands Permit Administrator" MR. ARCURI: I have a sketch of what the next door property looks like. As you can see, it has a Soundlview. We don't go out to a Sound view. THE CHAIRMAN: When were these properties divided up in this manner? MR. HOWARD TERRY, Building Inspector: This was done years ago. It is not a subdivision. MR. ARCURI: I think the people who own it now are a corporation from Great Neck. MRS. ARCURI: We have gone to the initial expense of having surveys made, etc. MR. ARCURI: Lighthouse Road would be the front but we would be facing the other way. Southold Town Board of Appeals -5- January 10, 1974 THE CHAIRMAN: Are you going to have a garage? MR. ARCURI: No. THE CHAIRMAN: We are concerned with people backing out into the road. (Mr. Arcuri showed sketch indicating how he could park and drive out again). THE CHAIRMAN: Can you back up on your own property? MR. ARCURI: Yes. THE CHAIRMAN: It would appear that you are locating the house as well as you can. You really can't put it back any more than 15 feet toward the bluff. MR. ARCURI: I would like to stay as far from the bluff as I possibly can. THE CHAIRMAN: conform to the lot. east. This is a triangular shaped house to You are only leaving 5 feet on the MR. ARCURI: Anderson's lot has 100 feet on Sound View Avenue, and they also have a depth of 200 feet. THE CHAIRMAN: I don't think the Board would attempt to change the way you have located the house. One of the purposes of the Board is to assist a person with topographic hardships. How far does this drop down? MR. ARCURI: The elevation is about 60 feet to the top of the bluff. You can't walk down 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 dwelling with insufficient setback and rear yard on the south side of Lighthouse Road, Southold. The findings of the Board are that applicant has a hardship because of the topography of the land. The Board agrees with the reasoning of the applicant. The applicant has received Department of En- vironmental Conservation approval. émémÝ'mmÜ$'#m#mÜA%@n@nÝ]&]m]mÝz'znznÝ—%—m—mÝ´$³m³mÜÑ$ÑjÑjÜî%ínínÜ% n nÜ($(m(mÜE$EoEoÛc&bmbmÛ€%llÜ'œmœmÜº$¹n¹nÜÖ&ÖnÖnÜó$óióiÛ%nnÛ.%-n-nv®›J/ÜJQrr’qq5q5rŽ5rŽ5Ž2Ž2iª?iª?sÈ“ÈÊ%Ètå4æ'år6r6r5r5s;5s;5;5;5wY†X#X5X5sv5sv5v5v5r“5r“5“2“2r³°°"°rÑ †Î"Ï"Î5Îêë&ês5s5&q$6q$6$2$2qAAB"Aq^6q^6^6^6rz5rz5r—6r—6—6—6r´6r´6´7´7qÒÑÑ6Ñ6rî5rî5î6î6q5q5"r)5r)5sF5sF5qc5qc5d!cq€6q€6€6€6r5r5ž&q»‘ºq×5q×5×7×7rôŽôõ&ôu„"66p.7p.7ÜIaÜIa²ªP®Gª.‰ª‚‰ª‚²Ð÷Ð,÷Ð,²î ÷í,÷í,² ÷ ²( ÷')÷')±E ÷E E±b ôa.± ô.IÐ[èÑWŒÐ&RîTRîTçíoŒî&I\I\èhŒ&I([I([ç(jŒ('HE\HE\çE“ŒE&IbUbOUbOçbXŒb&RRRRç‹'ÛÐ%ÐnÐnÛí%ímímÛ $ n nÜ'''k'kÚD%DkDkÛa%aoaoÛ$~n~nš›/Ü›QqÑ „Ñ"Ñ7Ñ7pî6pî6î7î7p6p6 Southold Town Board of Appeals '7- January 10, 1974 THE CHAIRMAN: Does anyone else wish to speak for this applicatiOn? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient frontage and area on Sigsbee Road, Map of Mattituck Park Prop., Lots 46 and 47, Mattituck, New York. The findings of the Board are that the area immediately surrounding applicant's property consists largely of 50 foot lots and that granting this application would create a conforming situation. 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, Gerard Goehringer, Sigsbee Road, Mattituck, be GRANTED permission to divide property with insufficient frontage and area, Lots 46 and 47, Sigsbee Road, Map of Mattituck Park Prop., Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated December 20, 1973, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -8- January 10, 1974 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.), February 7, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. There were Two (2) Sign Renewals reviewed and approved as submitted: Fred Kaelin, Main Road, Cutchogue, New York John Wickham, Wickham Fruit Farm,Main Road, Cutchogue-N.Y. Mr. and Mrs. Elbert E. Luce, Jr., accompanied by Mr. Tony Norklun, had a discussion with the Board with regard to property in Orient. Mr. Luce asked if he could apply for a variance for permission to set off lot on right of way, and approval of access. The Chairman noted that the plans for the house conform to the type of house in the area and suggested that Mr. Luce put an application in for a variance. It was also stated that Mr. Luce should put both his name and his uncle's name on the application (George M. Vail-uncle). On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E~D.S.T.), Thursday, February 7, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Ernest M. Guettinger, Hemlock Drive Box 437, Mastic Beach, 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: Oak Street, Cutchogue, Southold Town Board -of Appeals -9- January 10, 1974 New York, Map No. 856 Eugene Heights, Lots ~ 38, 39 and 40. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T.), Thursday, February 7, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Peter Dohrman, Smith Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31, 100-32 and Bulk Schedule for permission to construct addition (deck) with insufficient setback from property line and high water mark. Location of property: south side of Oak Street, Cutchogue, New York, Map of Eugene Heights, Lots 9 24 and south half of 9 25. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, February 7, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing 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; lot will have less than 150 feet at building line for new all year round house. Location of property: E/S Bay Avenue, Mattituck, New York, bounded north by E. R. Burke; east by James Creek; south by H. Baldwin; west by Bay Avenue. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. ÕJ(Id!Id!µ:úei*%¨$+Ù$)#‚'#‚'Œ"1Ã"L|T&|T&|T&|I„27ÁmÆžoŠ?pOTŸa ÐÖ ° "“5° ° ¡ý&Ô=PT a ¨Ö ° (“5° ° ¡ý&Ô=PT¡a Ö ° .“5° ° ¡ý&Ô=PT¢a XÍ ° 4“5° ° ¡ý&Ô=PT£a ¸Õ ° >“5° ° ¡ý&Ô=PT¤a ðÕ ° D“5° ° ¡ý&Ô=PT¥a Ð ° K“5° ° ¡ý&Ô=P¦a .¦a ‡p$õpiõpiAŽî'G;&'êÎŽÏw3t3t3¹2‰H\a©\Q\4é†Å#¼‡;¼‡;†^†^†G©FCFL™F CG&CG&tG8´GEG?õÞ"38Û':Îã,ýÜ#/7Ûü57Ûü57Ûü5T¦a ° ° U“5° ° ¡ý&Ô=PT§a € × !2@ßƒ‚ÈØý&€!rx0jˆØý&s:@–!r€!rÔ=P˜ Yoð?YožJºf¾jÂ„8d H ô`ÿ*…AT± ú?íIq€.¢` ž¹d¸@U·“ë¸%äöõ0=õU¡õ&Õõ¤‰õ¦ù*ÝôŒwõ#¨õy/òfŸóVòrà`r†fwvú![‰@ Southold Town Board of Appeals -11- January 10, 1974 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:45 P.M. (E.D.S.T,), Thursday,. February'7, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Elbert E. Luce, Jr. & George M. Vail (uncle), Village Lane, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule - for permission to divide lot and construct dwelling with insufficient area; and Section 280A Town Law for Approval of Access. Location of property: R.O.W. east side Village Lane, Orient, New York, bounded north by W. Schriever; east by W. Schriever; south by M. Horton; west by G. Vail. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M. (E.D.S.T.), Thursday, February 7, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Audrey H. Blodgett, Narrow River Road, Orient, 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 dwelling with reduced setback. Location of property: N/S Narrow River Road, Orient, bounded north by N. Manley & Ors; east by R. Luck; south by Narrow River Road (King St.); west by H. Applegate. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. 8n motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of'Appeals set2~ 9:15 P.M. (E.D.S.T.), Thursday, February 7, 1974, at the Town Office, Main Road, S~uthold, New York,as the time Southold Town Board of Appeals -12- January 10, 1974 and place of hearing upon application of Raymond & Ruth Woolfe, Fishers Island, New York, for a variance 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 insufficient area in either section and no sideyard where house is divided. Location of property: N/S Whistler Avenue, Fishers Island, bounded north by Boocock & Gallagher; east by Fishers Island School District; south by Whistler Avenue; west by J. Pickett. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 9:30 P.M. (E.D.S.T.), Thursday, February 7, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing 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. Location of property: Private Road - S/S Indian Neck Lane, Peconic, bounded north by Indian Neck Lane; east by D. Branch; south by Peconic Bay; west by Indian Neck Park Subdivision. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 9:45 P.M. (E.D.S.T.), Thursday, February 7, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Charles McCormack, 19 Tunstall Road, Scarsdale, New York, for a variance in €1€|ïš}ïš0ÈÂ!€1€~ïšïš0ÉÂ!€1€€ïšïš0ÊÂ!€1€‚ïšƒïš0ËÂ!€1€„ïš…ïš0ÌÂ!€1€†ïš‡ïš0ÍÂ!€1€ˆïš‰ïš0ÎÂ!€1€Šïš ‹ïš!0ÏÂ!€1€Œïš#ïš$0ÐÂ!€1€Žïš%ïš&0ÑÂ!€1€ïš'’ïš(0ÒÂ!€1€’ïš)“ïš*0ÓÂ!€1€”ïš,•ïš-0ÔÂ!€1€–ïš.—ïš/0ÕÂ!€1€˜ïš1™ïš20ÖÂ!€1€šïš3›ïš40×Â!€1€œïš5ïš60ØÂ!€1€žïš7Ÿïš80ÙÂ!€1€ ïš9¡ïš:0ÚÂ!€1€¢ïš;£ïš<0ÛÂ!€1€¤ïš=¥ïš>0ÜÂ!€1€¦ïš?§ïš@0ÝÂ!€1€¨ïšA©ïšB0ÞÂ!€1€ªïšC«ïšD0ßÂ!€1€¬ïšEïšF0àÂ!€1€®ïšG¯ïšH0áÂ!€1€°ïšJ±ïšK0âÂ!€1€²ïšL³ïšM0ãÂ!€1€´ïšNµïšO0äÂ!€1€¶ïšQ·ïšR0åÂ!€1€¸ïšS