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HomeMy WebLinkAboutZBA-12/05/1974Southold Town oard eals SOUTHOLD, L. I., N.Y. 9'71 Telephone 765-96d0 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Beraen Charles Gri$onis, Jr. S¢r8¢ Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals December 5, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, December 5, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr.; Serge Doyen, Jr. Decision on Appeal No. 1963, Harvey Bagshaw, Deep Hole Drive, Mattituck, New York, was postponed at public hearing held 7:30 P.M.. November 14, 1974, to 7:30 P.M., December 5, 1974. THE CHAIRMAN: We have a letter in the file d~ted December 4, 1974 from Philip J. Ofrias, Jr., attorney for Mr. Bagshaw, that reads as follows: "Please be advised that my client, Harvey Bagshaw of Deephole Drive, Mattituck, New York, hereby withdraws Appeal No. 1963, dated October 24, 1974." This resolves that application and leaves just one' other point. The Board by special exception in a previous application granted Mr. Bagshaw this use. There is a letter in the file from Mr. Ofrias concerning the deletion of the phrase "not within 300 feet of any residence district". This previous application was granted subject to being 300 feet from a residential area. I think this Board, in granting that application, was under the impression that this could be done Southold Town Board of Appeals -2- December 5, 1974 by special exception. Town Counsel feels that younwould have to obtain a variance. Prior to that, you were refused once before because it was too close to a church. The Ordinance also says "within 300 feet of a residential area". The special exception would be of no use to you until you obtain a variance with respect to the 300 feet. PHILIP OFIAS, JR., ESQ.: It appears that in the action you set forth all the conditions of the Ordinance. THE CHAIRMAN: We should have spelled it out at that time. I was under the impression that it could be done by special exception. We have two other cases, both of which are for automobile use, one of which I am sure will require a variance in addition to the special exception. We can't handle everything by special exception. In some cases, we have to have both a special exception and a variance. You have withdrawn Appeal No. 1963. I would respectfully request that you file another application. MR. HARVEY BAGSHAW: When I first applied, t applied for an auto body shop. I thought I had permission to build. THE CHAIRMAN: If you applied for a Building Permit it would not be any good to you unless you obtained a variance. You can't obtain a variance to a special exception. "Special exception" is a misnomer. As used in zoning it's a required exception where the applicant meets the criteria. There was one criteria you did not meet. We have this situation in zoning where use can be granted subject to obtaining a variance. There are several cases tonight where the Board should grant the use but a variance should be sought for this use. MR. OFRIAS: Part of the reason for withdrawing the application was to avoid having to get involved with this 300' limitation. There is no point, now, in withdr~g and with the permission of the Board, I would like to call back my letter which was delivered to you yesterday, and let our variance for sideyards remain. It was our intention by withdrawing the appeal to stand pat with what we had. We don't accomplish anything by withdrawing our application. THE CHAIRMAN: I think if you are going to try to include this in the application you would have to do it with a public notice, because there is an important difference in sideyard. MR. OFRIAS: This has already been advertised for side- yard variance. Southotd Town Board of Appeals -3- December 5, 1974 THE CHAIRMAN: I don't believe we could act on the side yard variance without including the 300 foot limitation. If you had left this application in it would have been denied. It seems to me that you have designed a building that you like and you have not adapted the building to the site. We attempted to adapt the building to the lot in the first applica- tion but the actual dimensions of the lot turned out to be different. MR. OFRIAS: It was the shape of the lot; Mr. Bagshaw did not have the survey when he was here. THE CHAIRMAN: When we set those sideyards we thought it was reasonable. This is a self-imposed hardship as far as side yard request is concerned. MR. BAGSHAW: If I had known that the first time I was here and asked for side yard clearances, I would have been on my way. MR. OFRIAS: Would the Board hold the present matter in abeyance and we will file a separate application for the 300 foot distance. Will you consider both at the same time? THE CHAIRMAN: Yes. (Mr. Andrew Goodale who was present asked if he would be given an opportunity to speak. The Chairman replied that he would be heard but that his comments would not be an official part of the minutes). THE CHAIRMAN: I am against this application. This is unjustified diminution of side yards and the only thing that is causing this is your insistence as to the shape of ~ur building. It seems to me that you could adapt your building more to the shape of the lot. MR. BAGSHAW: I would like to have the front of the building parallel to the road. If every building up there was on an angle I would be glad to do it that way. THE CHAIRMAN: I would suggest that you make a new application and relate it to the 300 foot requirement as far as its use is concerned. MR. OFRIAS: The two issues could still be before the Board. Any Board member could disallow the sideyards but allow the 300 feet. Southold Town Board of Appeals -4- December 5, 1974 THE CHAIRMAN: I think we should have a vote of the Board now rather than having Mr. Bagshaw bring in two applications at the same time. He is asking us to postpone decision on this application, and then they will bring in another application for the 300 feet. What does the rest of the Board think? MR. FRED HULSE, JR.: I can't see where it would serve any practical purpose to postpone decision. MR. CHARLES GRIGONIS, JR.: NarroWing the building down 10 feet would be too much. MR. BAGSHAW: 50' x 60' and 60' x 60' is not so much. If I cut down the size of the area I would be cutting down the size of the storage area. MRo OFRIAS: Everything would be inside. He can't keep anything outside THE CHAIPd~AN: There is no reason in my view that this building can't be adapted to the size of the property. It looks as if in the first application we went along with you but you are now asking for more. THE CHAIRMAN: I will offer a resolution denying as applied for. After investigation and inspection the Board finds that applicant requests permission to construct Body Shop on property with insufficient side line~ located on the north side of Main Road, Laurel (Dist. 11), Dew York. The findings of the Board are that this is a self-imposed hardship. Applicant states that he wants to impose a 60' x 60' building on this site. The Board in a previous application has granted diminution of sideyards. The request in this application would further diminish the sideyards. The Board finds that strict application of the Ordinance would not producs practical difficulties or unnecessary hard- ship; 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. Hulse, it was Southold Town Board of Appeals -5- December 5, 1974 RESOLVED, Harvey Bagshaw, Deephole Drive, Mattituck, New York, be DENIED permission to construct Body Shop on property with insufficient sidelines, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. THE CHAIRMAN: The application has been unanimously denied. In a further discussion concerning Appeal No. 1963, Harvey Bagshaw, Mr. Bergen said that he couldn't see where any harm would be done or where it would diminish the value of the property to go along with the road. He felt that it would diminish it more if it were not straightened out. Mr. Grigonis said that he felt there should be some way this could be resolved. When he was talking about 10 feet he did not mean all the way. Mr. Bagsh~w said that he could make the building 50' x 50' He said that he had been told that he could buy a piece of property to square out the lot but that now it is leased out, and as long as the man has a lease on it the owner can't sell me a piece of property. Mr. Andrew Goodale addressed the Board on an informal basis. He stated that the over-riding consideration is the 300 foot limitation which is a requirement that must be met. The Chairman said that this is the third time Mr. Bagshaw has been here in an endeavor to find a place for his Body Shop. Many of the "B-l" zones are only 200 feet deep. That makes for an extremely difficult situation when~ trying to locate this type of use. The Chairman said he had assumed that when a special exception was granted for a gas station, used car lot, or other use, that automatically we were, at the same time, diminishing the distance from a residential zone. However, this afternoon, Mr. Tasker, our Town Counsel, said that when use is more than 300 feet from a residential zone it would have to be handled by a variance. I assume that one of the hardships would be narrowness of our "B-l" business zone. Presumably they can show hardship. Mr. Goodale said that there should be some buffer zones so the brunt doesn't fall on a residential district. He wondered if a Zoning Board of Appeals has the power to over-ride this particular piece of legislative enactment. He said that there are other locations in industrial areas that this use is suited for. The Chairman said that it's a Southold Town Board of Appeals -6- December 5, 1974 permitted use in "B-i"' zone. There is nothing in the Ordinance that says there has to be a buffer zone. If you look at that area we are discussing you wilt find that the nearest residential ~s across two s~reets. There is a gas station and presumably the residents did not object to that, and there are many home occupations. Mr. Goodale said that is a situation where a boat is put in the front yard and offered for sale. The Chairman said he understood there were several home occupations. THE CHAIRMAN: I don't know why zoning procedures speak of these things as special exceptions. A "special exception" is a misnomer. It is required of us to grant a special ex- ception if the applicant meets the requirements. In this case, the applicant met all the requirements except 300 feet from a residential area. The Board is also required to use its own judgment. It would not, in our opinion, spoi~ the area to grant this Body Shop. We have many other garages in Town that are not supposed to store wrecks. Mr. Goodale asked, if this were granted, what could be done to eliminate hazards or unsanitary wrecks. The Chairman said that he should speak to the Building Department or Town Counsel. They are responsible. M~r. Goodale said that he would ask that it be denied as it is not conducive to long term growth. There are areas that are residential. PUBLIC HEARING: Appeal No. 1964 - 8:00 P.M. (E.S.T.) upon application of Thomas A. Duffey, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 (~) for permission to conduct a used car sales business, (b) to erect a second sign. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; sQuth by M. Barteau; west by Fleet Estate. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating that applicant proposes to use an area 200 feet deep from Main Road and 100 feet wide. (Mr. Duffey showed the Board sketch and lease.) Southold Town Board of Appeals -7- December 5, 1974 MR. DUFFEY: They are taking away one car length that the glass people have. THE CHAIRMAN: This sketch by Van Tuyl has diagonal lines. Is the lease different? (There was a general discussion of dimensions). MR. DUFFEY: On the Main Road I get 100 feet and then I go back 200 feet. THE CHAIRMAN: There is no dimension shown here where you could get 200 feet. MR. ROBERT BERGEN: There is only 200 feet on Pequash Avenue, the whole length of the lot. THE CHAI~4AN: I would suggest that you revise this sketch and bring it in again because you are going to have to get a variance to conduct this business which is within 300 feet of a residential, distric~. Hou have residential areas within 300 feet of this. I am sorry that you are going to be de- layed. Mr. Duffey's son said "it strikes me funny if this is zoned "Business" and you are not allowed to conduct a business within 300 feet of a residential area.., what would be the type of business you could conduct? MR. BERGEN: You could have a real estate office or a general store. THE CHAIRMAN: Who is the owner? MR. DUFFEY: Mr. Nicholas Aliano. He can be reached by telephone. THE CHAIRMAN: This lot is less than 40,000 sq. ft., it is more like 36,000 sq. ft. The owner of the lot, Mr. Aliano, has already leased part of the premises to a glazier. The bulk requirement would be 30,000 sq. ft. You are going to impose another business. We would want to restrict the number of cars displayed. We would be making a variance to permit two businesses on 36,000 sq. ft. where the requirement is 30,000 sq. ft. for each business° A further complication is that your business is within 300 feet of a residential area. Mr. Aliano can not establish any more business on this lot. Unless a limit were put on it, he could put two or three m~re businesses there. I don't know whether he knows that or not. Southold Town Board of Appeals -8- December 5, 1974 MR. DUFFEY: I don't believe Mr. Aliano plans to put any more businesses there. THE CHAIRMAN: I think what you had better do is come back with a sketch which will show us accurately the portion he is going to lease to you. It doesn't correspond to the property. He is leasing 200 feet and he doesn't have 200 feet. There is some confusion here somewhere. There should be something set aside for the glazier's business. MR. DUFFEY: I think he means from the Main Road. There is 35 feet from the Main Road that I would not put any cars on. (referring to sketch) All I require is right here° The fence is going to the Beachcomber. I will never have more than 12 cars on display. THE CHAIRMAN: You will have to get a variance because you are within 300 feet of a residential area. MR. DUFFEY: You want me to fill out another form for the 300 feet? THE CHAIRMAN: The type of business you are conducting has to be permitted by special exception. The particular type you are.conducting "used car business" along with garages can not be conducted within 300 feet of a residential area, and I believe this is zoned 175 feet deep. I don't think the zone extends 500 feet or 400 feet. When they zoned for Business they usually went 200 feet so you will need to fill out a variance form to obtain a variance to conduct this business within 300 feet of a residential zone. Fill out a variance form to conduct a used car business within 300 feet of a residential zone. Your hardship is that a similar type of business has been there within the last few years. There are very few businesses in Southold where there is "B-l" Business which is not within 300 feet of a residential area. (Mr. Duffey's son asked when it was realized about the 300 feet.) THE CHAIRMAN: We investigate these things. I take most of them to Town Counsel. You have hired a lawyer. don't attempt to know everything. We try to help. We MR. DUFFEY: I was an authorized Buick and DeSoto dealer. I realize the value of appearance. I asked Mr. Terry if it would be alright if I freshened up the place and got the junk out of it. I have the utmost faith in keeping the Town pretty° I don't have junk. I will have a very nice display. I hired an attorney to be sure I did it right. Southold Town Board of Appeals -9- December 5, 1974 THE CHAIRMAN: Define on the sketch the area you are going to use, and fill out a variance form for the 300 feet from a residential area. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that decision be postponed on special exception ~1964 until December 19, 1974, and that applicant also apply for a variance. Vote of the Board: Hulse, 'Grigonis. Ayes:- Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal No. 1971 8:15 P.M., upon application of Walt Whitman Federal Savings & Loan Association, Main Road and Bay Avenue, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) for permission to erect sidewall sign. Location of property: Main Road and Bay Avenue, Mattituck, New York, bounded on the north by Main Road; east by Bay Avenue; south by E. & H. Wilsberg; west by J. McCarthy. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: This application is occasioned by the fact that the building is at an angle to Main Road and Bay Avenue. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOSEPH MAYER, JR.: I am the architect. I have a large site plan with me. THE CHAIRMAN: I don't think we need a site plan. Are those letters raised? MR. MAYER: They would be slightly projected. THE CHAIRMAN: Are they illuminated? MR. MAYER: No. MR. JOHN R. CLEARY: I ~epresent the bank. Some of our customers have had difficulty approaching the building from the west because of the angle; they can't see a sign in time to stop. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Southold Town Board of Appeals -10- December 5, 1974 (There was no response.) ~ter investigation and inspection the Board finds that applicant requests permission to erect sidewall sign on property located on Main Road and Bay Avenue, Mattituck, New York. The findings of the Board are that the building needs identification. When cars come down the road they go by the building before they see a sign. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitte~ use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Walt Whitman Federal Savings & Loan Association, Main Road & Bay Avenue, Mattituckt New York, be GRANTED per- mission to erect sidewall sign, as applied for, ~n property located on Main Road and Bay Avenue, Mattituck, subject to the following condition~ That there be no further enlargement of the sign on the easterly side of the building. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1972 - 8:30 P.M. (E.S.T.) upon application of William Heins, Main Road , Orient, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100,30 B.1 for permission to convert existing one family dwelling to two family dwelling. Location of property: S/S Oregon Road & Elijah's Lane, Mattituck, bounded on the north by Oregon Road; east by Elijah's Lane; s~uth by F. Deerkoski; west by M. Sidor, Jr. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its pub lication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Your application has been written on a variance form. With your permission we will change this to a special exception. MR. WILLIAM HEINS: I agree that this may be considered an application for a special exception. Southold Town Board of Appeals -11- December 5, 1974 THE CHAIRMAN: The application is accompanied by a tax bill which indicates the acreage is about 30 acres. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WILLIAM HEINS: I have nothing to add to what is stated in the application. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) MR. ROBERT BERGEN: What will be the square footage of the two apartments? THE CHAIRMAN: You will have to have 80,000 sq. ft. of this acreage, and you will have to have 850 sq. ft. for each apartment. MR. HEINS: I will have that. It will stay in one parcel. I have four sons who will grow grapes there. THE CHAIRMAN: You will have to have a survey made. Some of the conditions you would have to meet are that you can't change the lot, and you will have to have 80,000 sq. ft. with 270 feet on the road. If you hold it to the minimum width of 270 feet you will have to go back far enough to get 80,000 sq. ft. One sideyard would have to be 25 feet; you would have to have a total in sideyards of 45 feet. These are the conditions that would have to be met. MR. HEINS: I can meet them. After investigation and inspection the Board finds that applicant requests permission to convert existing one family dwelling to two family dwelling on the south side of Oregon Road and Elijah's Lane, Mattituck. The findings of the Board are that applicant is the owner of a 33 acre farm, and meets all the requirements of the Ordinance for converting a one family dwelling to a two family dwelling. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals -12- December 5, 1974 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, William Heinz, Main Road, Orient, New York, be GRANTED permission to convert existing one family dwelling to two family dwelling on property located on the south side of Oregon Road and Elijah's Lane, Mattituck, subject to the following conditions: 1. That each apartment shall have 850 sq. ft. That applicant shall bring in to the Board of Appeals a survey setting off 80,000 sq. ft. with a minimum of 270 feet of frontage. 3. The size of this lot may not be reduced in the event of sale or other disposition of the property. 4. Sideyards shall comprise a total of 45 feet; one sideyard must be 25 feet. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Gr±gonis, Hulse. PUBLIC HEARING: Appeal No. 1973 8:45 P.M. (E.S.T.) upon application of James A. Davis, Harbor Lights Drive, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 for permission to (a) operate a used car business, (b) to erect sign. Location of property: S/S Main Road, Greenport, New York, bounded on the north by Main Road ~Rte 25); east by Robert Brown; south by Robert Brown; west by A. Campbell. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch. The shaded areas of the sketch are those which are requested for use as a used car lot.., the area at the northeast corner and the area at the northwest corner, and the small shaded area where the office would be. Southold Town Board of Appeals -13- December 5, 1974 MR. FRED HULSE, JR.: This property is directly across the street from me so I feel I should not take any part in this hearing. WALTER KAPP, ESQ.: Ail he needs is an area to park 25 ca~. MR. ROBERT BERGEN: You can't park cars in 70 feet. THE CHAIRMAN: This is all academic. I believe we should postpone decision on this application until the lot is cleaned up. I understand this is presently in Judge Demarest's hands. As I understand it, nothing has been done about the informations %Hat the Building Department has filed. This, of course, will be postponed without prejudice to your application. MR. ROBERT BERGEN: This drawing is not in scale. He has to have room tc the east of the garage too. He has to go back further to get any cars at all in here. MR. KAPP: You don't need too much room to park cars. did not know anything about this other phase of it that you just brought up. THE CHAIRMAN: I understand there have been informations over the last three years sent to Judge Demarest. We don't have the authority to enforce. MR. JAMES A. DAVIS: He is supposed to clean up all that stuff he has there. THE CHAIRMAN: When he does, bring in your application again. MR. ROBERT BERGEN: He has to clean it up or fence it so it can't be seen from the highway. MR. DAVIS: He talked to me about putting a fence up. MR. KAPP: He has a very deep lot there. Probably a fence would be the answer. As far as the area is concerned, you have a garage across the street and a used car lot to the west of it but I can see why you would not want a junk yard there. THE CHAIRMAN: I am not sure that putting up a fence is the answer and he may be prohibifed from storing wrecks. MRS. LORRAINE TERRY: How close to the road can you be lo~ated when you have used cars parked? Southold Town Board of Appeals December 5, 1974 THE CHAIRMAN: We insist on 35 feet from the property line. MRS. TERRY: There are many places in Town where it is a terrific hazard to drive by because of the hidden exits and entrances. You get cars coming out at you and you can't see because there are other cars parked there. If a man owns 100 feet of property along %hat road people are subject to having cars coming out on to the road, %he entrances and exits are not clearly marked. Is there anything in the Ordinance that states they should be clearly marked? I am sure you hear the screeching of brakes. MR. KAPP: That's true of all of them. MR. GRIGONIS: New business goes to the County and State. THE CHAIRMAN: I don't think that applies to this applica- tion. MR. KAPP: I think we will have to check further into the situation. THE CHAIRMAN: We will have to decide this within sixty days. MR. KAPP: If it goes over 60 days we will make a new application. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED THAT Appeal No. 1973, James A. Davis, Harbor Lights Drive, Southold, New York, be postponed until further notice from the applicant for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, ' Grigonis, Hulse. Mrs. Lorraine Terry asked the Board if there is anything we can do about having exits and entrances clearly marked° The Chairman suggested that she take it up with the Town Board as the Board of Appeals does not originate legislation. Southold Town Board of Appeals -15- December 5, 1974 PUBLIC HEARING: Appeal No. 1974 9:00 P.Mo (E.S.T.) upon application of Helmut Hass, North Road, Peconic, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B. C1 for permission to use existing house as two family dwelling. Location of property: S/S North Road, Peconic, New York, bounded on the north by Middle Road (CR 27); east by Hingle & Suffolk County; south by Long Island Railroad; west by K. Case. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a survey which we requested of Mr. Hass. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. FRED JACOBS: I am speaking for my father-in-law. The house is much too large for him as you could see when you drove there the other day. He does have a C.O. I am not sure whether it is for a two-family house. THE CHAIRMAN: When he came to see me I told him I could not do anything until he made an application. There is, next to you, a carpet business~ in back of that is your residence, in back of that is another residence, and in back of that there is a garage. This property is zoned "B-l" and Mr. Hass owns this property and he also owns the adjoining property where the David Gillispie Real Estate office is located. Dave has the whole bottom floor but ~ there is an apartmenH upstairs. We are concerned with the piece that is 100' x 500', approximately 50,000 sq. ft., and already operating are two businesses and two residences. It would be impossible for us to grant another residence... the two family house in the rear that he is asking for. These two businesses would require 30,000 sq. ft. and your residence would require 40,000 Sqo ft. MR. JACOBS: Take, for instance, Albertson's across the street. How many businesses has he got? THE CHAIRMAN: We have not granted two family occupancy on less than 80,000 sq. ft. since 1957. A minimum of 40,000 sq. ft. is required for each residential unit. Actually, he would need 80,000 sq. ft. and he would need 30,000 sq. ft. for each of those businesses. MR. J~OBS: How does Albertson get all that? THE CHAIRMAN: It has never come before the Board of Appeals. Southol-d Town Board of Appeals -16- December 5, 1974 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 use existing house as two family dwelling. The property is located on the south side of.North Road, Peconic, New York. The findings of the Board are~that applicant already has two houses and two businesses on approximately 50,000 square feet. The Board can not allow any further density of this lot. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Helmut Hass, North Road, Peconic, New York, be DENIED permission to use existing house as two family dwelling, for the reasons stated. Location of property: S/S North Road, Peconic, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1975 - 9:15 P.M. (E.S.T.) upon application of Gloria & Edward J. Praetz, 53750.North Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback. Location of property: North Road (CR 27) and Beverly Road, Southold, New York, bounded on the north by North Road (CR 27); east by D. Brady; south by R.O.W. Meissnest; west by Private Road Beverly Road. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -17- December 5, 1974 THE CHAIRMAN: This application is accompanied by a sketch showing that applicant is requesting an addition on the northwest corner of his residence, 15 feet from the North Road, and wishes to reduce his other front yard (that being the front yard on the North Road) to approxi- mately 6 feet. The house occupies a very substantial portion of the lot. The sketch shows that the addition would be 6' x 12' plus an 18" chimney, and it is next to the cellar door which is 6'4" and extends into the westerly side yard on Beverly Road. I don't think we can act on this tonight because we don't have the-Disapproval of the Building Inspector. The original appeal was denied. This application should have a Disapproval from the Building Inspector. This has nothing to do with whether we grant this or not. It would reduce visibility on the corner lot. The building does obstruct the view, it encroaches on the 30 foot radius on the corner of the property. MR. EDWARD PRAETZ:~ Mr. Ahlers felt it was all within a radius of 40 feet. You have 15 feet from the property line. THE CHAIRMAN: That belongs to the State. Your house would have to be 35 feet back from the property line today and you also exceed by a large margin the 20% occupancy of the lot. Basically, you are required to have 30 feet from the corner of your property line for visibility. There is 15 feet there now. We don't propose to compound the error that was made by Mr. Hass by further reducing the setback to Beverly Road. In other words, you further reduce the visi- bility for anyone coming out on Beverly Road. MR. PRAETZ: The only obstruction I find is that there is a hedge in the corner and I will remove that. That is an obstruction, the other is not. THE CHAIRMAN: The Ordinance says it will be an obstruction. There is one other thing; the County has already appropriated money to widen the road. Do you know about that? MR. PRAETZ: I don't know about it but you make me aware of it. Eighteen years ago the State said they were going to put a road through. THE CHAIRMAN: The County doesn't forewarn people about condemnation because many of them would add to the value of their property. MR. PRAETZ: I would just like to have my fireplace. Southold Town Board of Appeals -18- December 5, 1974 THE CHAIRMAN: I would have to recommend against granting this application for the reasons stated.., the dwelling takes over 20% of the lot and the addition would encroach on visibility. MR. PRAETZ: I have no alternative? THE CHAIRMAN: This is a small piece of property. You have the alternative to appeal any decision we might make here. I further believe that the Board can't make a decision tonight because we don't have Mr. Terry's denial of the application. We have to hear appeals on denials or disapprovalS. The Building Department did not deny it. I am sorry to put you to all this trouble. The reasQn we were looking for an old variance was to see whether there were any restrictions placedon side yards. This was built before the Ordinance went into effect. MR. PRAETZ: Everything is on the basis of before zoning. THE CHAIRMAN: The Building Inspector used to be able to reduce sideyards but this is a front yard, and you have two front yards. Your best procedure would be to withdraw this application. We can't grant this. Or, perhaps you want to wait until we get Mr. Terry's Disapproval and then we will act on it. There ms no way the Board can grant this. On motion by Mr. Gillispie, seconded by Mr. Bergen RESOLVED, decision on Appeal No. 1975, Gloria and Edward J. Praetz, be postponed to 7:30 P.M., December 19, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1976 - 9:30 P.M. (E.S.T.) upon application of George Ahlers Builder, Inc. a/c A. & R. Usatch, Nassau Point, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Article III, Section 100-32 for permission to locate accessory building (garage) in front yard area.. Location of property: Lot Nos. 184 and 185, Map of Nassau Point No. 156, N/S Broadwater Road, Cutchogue, New York. Fee paid $15.00. Southold Town Board of Appeals -19- December 5, 1974 The Chairman opened the hearing by reading the applica- tion for a variance, l~egal ~otice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the.applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. GEORGE AHLERS: (Mr. Ahlers discussed survey with the Board). The house is too close to the high water line to put the garage behind the house. THE CHAIRMAN: This area is not available because it's low. MR. AHLERS: This is all subject to flooding. THE CHAIRMAN: Unless someone wishes to speak against it we would approve. (There was no response.) THE CHAIR~LAN: However, we will have to postpone our decision until we have the Disapproval of the Building Inspector, and we will need the exact location. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that decision of the Board be postponed on Appeal No. 1976, George Ahlers Builder, Inc. a/c A. & R. Usatch, Nassau Point, unti~i7:40 P.M. (E.S.T.), December 19, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1977 - 9:45 P.M. (E.S.T.) upon application of James O. and Joan A. Maxwell, 51 Village Lane, Hauppauge, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient sideyards. Location of property: S/S Fleetwood Road, Cutchogue, New York, bounded on the north by Fleetwood Road; east by A. Weiss & Ors; south by M. Dalton; west by M. Driver. Fee paid $15.00. Southold Town Board of Appeals -20- December 5, 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? MR. JAMES O. MAXWELL: I am here to speak for the application. THE CHAIRMAN: Is the garage in the rear? MR. MAXWELL: The garage would be attached at the rear. THE CHAIRMAN: Would you be able to get into the garage? MR. MAXWELL: The builder seemed to feel that I would have no problem. We can chanqe the garage around. Actually, I will probably use it to sto~e a boat. THE CHAIRMAN: You would not want to locate this house a little closer on one side? MR. MAXWELL: I think for the sake of appearance Mr. Adams located it there. To the east is a summer home. A vacan~ lot i:s to the west. THE CHAIt~4AN: Where is the summer house located in comparison to yours? MR. MAXWELL: He is back well over 100 feet from Fleetwood Road. 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 dwellinq with insufficient sideyards on the south side of FleetwOod Road, Cutchogue, New York. The findings of the Board are that the applicant is the owner of a long, narrow lot, 50' x 200'; with the 50 feet at right angles to the side lines, the frontage is further reduced to approximately 47 feet. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -21- December 5, 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. Bergen, seconded by Mr. Grigonis, it was RESOLVED, James O. and Joan A. Maxwell, 51 Village Lane, Hauppauge, New York~ be GRANTED permission to construct dwelling with insufficient sideyards on the south side of Fleetwood Road, Cutchogue, New York, as applied for, subject to the following restrictions: That residence to be constructed shall be located no closer than 5 feet to the easterly side line, and no closer than 15 feet to the westerly side line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1978 - 10:09 P.M. (E.S.T.) upon application of Joseph Cherepowich & Wife, Main Road, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient area. Location of property: Main Road & Shipyard Lane, East Marion, New York, bounded on the north by Main Road (Rte 25); east by other land of appliCant; south by J. Rhode; west by Shipyard Lane. 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: There is a drawing comparing the size of this lot with other lots in Marion Manor. Also in the file there is a description of property to be conveyed, by Van Tuyl, which coincides with the application. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -22- December 5, 1974 MRS. CHEREPOWICH: I am here to speak for the application. I have nothing to add. 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 set off lot with insufficient area located at Main Road and Shipyard Lane, East Marion. The findings of the Board are that the proposed lot will have an area of approximately 24,000 sq. ft. and is the last undeveloped lot on the east side of Shipyard Lane. The proposed lot will have an area about twice the size of all other lots on the east side of Shipyard Lane. 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 v.lcinity 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, Joseph & Sophie Cherepowich, Main Road, East Marion, New York, be GRANTED permission to set off lot with insufficient area, located at Main Road and Shipyard Lane, East Marion, New York, as applied for. Vote of the Board; Ayes:- Messrs: Gillispie, Berqen, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Hutse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated November 14, 1974 be approved as submitted subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillisp~e, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -23- December 5, 1974 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M. Thursday, December 19, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Hulse, Grigonis. Sign renewal for Mr. Richard E. MacNish, Main Road, Cutchogue, New York, was reviewed and approved. The Chairman read letter dated November 20, 1974 from Boris T. Shaskin referring to Appeal No. 1960, as follows: "I have reviewed my variance application regarding the accessory garage that I contemplate building, and in spite of the difficulty regarding the present location of the cesspools, I will go along with the Zoning Board's approval in locating the garage in line with.the front building lines, as per the attached plan. However, I respectfully request the Board's zoning limitation of six feet be reduced to four feet at the westerly property line. I do not contemplate attaching the garage to the main porch since this would involve ma3or construction in removing part of the porch roof, or installing a breezeway, or some other lattice-type work. I want the garage as a separate accessory building, aesthetically balanced between the porch and the westerly line. The six foot oimitation would bring the 12' width garage too close to the porch dwelling. You will note (sketch 1) that I have a 3 1/2' three-step entrance, leaving a balance of 3 1/2', if we stay with the 6' limitation. This would make the area quite congested and confined. The present steps would have to be broken, with a radically new entrance made, making it physically impossible for future planting of shrubs and flowers. The requested four foot limitation (sketch 2) would enhance the space between the garage and the porch and would be suitably balanced from street-view. If the Zoning Board would revise the six foot ruling to four feet on hhe westerly property line for the above reasons, I will then file the appropriate Building Permit. I would like to point out that I hope the foundation can be poured before any cold weather sets in before the Holidays." Southold Town Board of Appeals -24- December 5, 1974 The Chairman directed the secretary to write a letter to Mr. Shaskin to the effec~ that the Board has carefully considered his request and feels that the 6 foot side yard is in itself a reduction from the appropriate side yard in a residential area. The Board is unwilling to consider a further reduction. On motion by Mr. Gillisple, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.S.T.), December 19, 1~4, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Grabie Appliance, Inc., Main Road, Mattituck, New York for a variance in accordance wit~ the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to erect free standing radio tower over the permiited height. Location of property: M~in Road, Mattituck, New York, bounded on the north by Main Road (Rte 25); east by De Maula & Keene; south by Kopf; west by S. Moore & Wf. ~Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.S.T.), December 19, 1974, at the Town Office, Main Road, Southold, New York as the time and place of hea~ing upon application of James Mulhall, Kenney's Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to erect freee standing accessory structure over 35 feet in height. Location of property: Lots 1, 2, 3, Map of Kennewood, W/S Kenney's Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.S.T.), December 19, 1974, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Suzanne S. Coleman, Montauk Avenue, Fishers Island, New York for a variance in accordance with Southold Town Board of Appeals -25- December 5, 1974 the Zoning Ordinance, Article III, Section 100-30 C and 100-32 and 100-35 for permission to build accessory building in front yard area and maintain front yard fence over 4 feet in height. Location of property: N/S Montauk Avenue, Fishers Island, New York, bounded on the nortk by F.I. Farms-Dawson; on the east by Dawson; south by Montauk Avenue; west by Union Chapel. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Hulse, Grigonis. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:45 P.M. (E.S.T.), December 19, 1974, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Thomas A. Duffey, President, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 170 B, Subsection (4), Subsection (f) for permission to use pre-existing business property surrounded by Residential area. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonls. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M. (E.S.T.), December 19, 1974, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon applica%ion of Bouton Services, Inc., Crescent and Fox Avenues, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to divide lot with existing buildings. Location of property: Crescent Avenue, Fishers Island, New York, bounded on the north by Pigall; east by Zabahonski; south by Crescent Avenue; west by P. & S. Edwards. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -26- December 5, 1974 The meeting was adjourned at 11:oo P.M. APPROVED Respectfully submitted, MarjorSe McDermott, Secretary Robes .llisp2 Jr.,