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HomeMy WebLinkAboutZBA-10/03/1974Southold Town ppeals Telephone APPEAL BOARD MEMBERS Robert W. Gillispie, .Jr., Ch~irm~n Robert Bergen Charles Gri~]onis, Jr. Serge Doyen, Jr. \ Fred Hulse, Jr. MINUTES Southold Town Board of Appeals October 3, 1974 A ~egular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.)., THursday, October 3, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gil.lisple, Jr., Chairman; Charles Grigonis, Jr.; Fred Hulse, Jr. Absent: Mr. Robert Bergen and Mr. Serge Doyen, Jr. A letter addressed to Mr. Howard Terry, Building Inspector, was received from Mrs. Elaine G. Duff, concerning Appeal No. 1953, Thomas D. Duff, Jr. and Elaine G. Duff, 34 Hunters Road, Manchester, Connecticut, dated September 30, 1974, as follows: "Enclosed is a copy of a corrected deed giving us access to the right of way to our property on Crescent Avenue, Fishers Island. The original deed has been forwarded to the County of Suffolk to be recorded. This should meet our obligations to receive our building permit. Hoping to get things underway as soon as possib~." Sincerely, /s/ Elaine G. Duff Southold Town Board of Appeals 2 October 3, 1974 The Chairman instructed the secretary to write the following letter to Mrs. Elaine G. Duff. The letter dated October 4, 1974 reads as follows: "In response to your letter of September 30, 1974 addressed to Mr. Howard Terry, who is away, we have received the corrected copy of your Deed dated the 25th of September, 1974 between Henry M. Zabohonski and Annette M. Zabohonski, his wife, residing at Crescent Avenue, Fishers Island, New York and Thomas D. Duff, Jr. and Elaine G. Duff, his wife, both residing at 34 Hunter Road, Manchester, Connecticut. This letter will acknowledge receipt of the Deed and com- pliance with Condition No. 1 of the Board's action dated September 12, 1974. As you know, a further condition of this action requires that the right of way to your property shall be suitably improved, subject to the approval of the Building Inspector." Is~ Yours truly, Robert W. Gillispie, Jr. Chairman At a hearing held on August 19, 1974, the Board postponed decision on Appeal No. 1948, Joseph Sawicki, North Road, Southold, New York, in order to obtain more information. THE CHAIRMAN: (addressing Mr. Sawicki) You say you wish to set off a lot that is described in your sketch as being the westerly portion, directly west of your present house. To the side and in back of you are three lots belonging to a minor subdivision. The one directly adjacent to you came to you at a different time. The "L" shaped piece came to you at one time and the other one went to your nephew. The application is a little confusing. It is just for the lot directly adjacent to you and doesn't refer to the northerly lot of the minor subdivision. I think you explained that if the road went through you wanted to keep that lot. We think you should reverse these lots and keep half of the one in back of you so that if your in-laws are going to build they would have a place to move to. What you want is to reserve three-quarters for you, that is, the "L" shaped piece. The problem we are ~ up against is the creation of three lots where there should be only two. Southold Town Board of Appeals -3- October 3, 1974 I think, after talking this over with counsel that the best solution is for us to act on the lot you want %o transfer to your in-laws, and require that the northerly lot of the minor subdivision be combined with your lot so you will have the "L" ~haped lot left. Then, if the road goes through you won't haye to come in here for a variance. At this time we will act on the one lot west of you which will be compatible with property directly east of you. The two residences west of your right of way look to be on about one third of an acre apiece. Rather than getting involved in putting a condition in that would preserve this, we will leave it as it is but if you want to sell it you will have to come in and get a variance, we can't handle it on this one applica- tion. We will create this lot which will be in character with the neighborhood and, then if the road goes through, you can use it to move your house back. MR Sunday' much. T grant th SAWICKI: I believe there was something in last paper that said about 60 or 70 feet would be taken. CHAIRMAN: You will have a hardship if they take that ~is ms the way counsel suggested it be done.., we will at lot that you set off here. It's almost impossible to read this sketch. MR. SAWICKI: It will be 105 feet on the road and 150 feet deep. THE and 153 MR private have 10~ still bi CHAIRMAN: The sketch shows 154.11 feet on the road feet deep. SAWICKI: It would be 105 feet from my line to the road. The 154 feet consists of road and property. I feet plus 50 feet of road and 150 feet deep which is gger than ~he property across the street from me. THE CHAIRMAN: I think you should bring in a better survey so we ca~nsee the dimensions. After investigation and inspection the Board finds that applicant requests permission to to set off lot with insufficient width and area on the south side of North Road, Southold, New York. The findings of the Board are that applicant has a potential hardship if the road, North Road, should be widened. Applicant has an existing dwelling on the easterly side of his building lot and an approved access road on the west. The lot under application will be compatible with other lots in the neighborhood. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -4- October 3, 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. Grigonis, it was RESOLVED, Joseph Sawicki, North Road, Southold, New York, be GRANTED permission to set off lot which is approximately 105 feet in width and 150 feet in depth, bordered on the west by a 50 foot right of way to a minor subdivision, and which is located on the south side of North Road, Southold, as applied for, subject to applicant furnishing the Board of Appeals with a survey showing exact boundary determinations. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Mr. William H. Fiedler, North Road, Southold, New York, was present for the purpose of having the Board of Appeals review the action of the Board on Appeal No. 931. THE CHAIRMAN: The Board of Appeals gave you permission to locate a garage on a lot on which your residence is not located. I believe the reason for asking to have this appeal referred back to us was to see if conditions have changed in that location. I understand it that this garage is located on a private right of way off the south side of the North Road, Southold. Following is Action of the Board on July 28, 1966: "After investigation and inspection the Board finds that the appellant requests permission to construct a private garage with reduced setback. The proposed garage will be set 25 feet from the private right of way. This garage will be of temporary nature to store an automobile in. The Board points out that the appellant owns the lot across the road from the property in question. However, there is not enough area on the same lot with his dwelling to construct a garage. THEREFORE, it was RESOLVED that William H. Fiedler, North Road, Southold, New York be GRANTED permission to build a private Southold Town Board of Appeals -5- October 3, 1974 garage with reduced setback on the former property of Helmut Hass located on a private right of way off the south side of the North Road, Southold, New York. This permission is granted for two (2) years only." THE CHAIRMAN: Actually, it's of a permanent nature. believe the Action was made because the garage is located in the front yard and there is no residence there. The Board pointed out that the applicant owns a lot across the road from the property in question. That situation has not changed. mR. FIEDLER: Where the garage is now is where we antici- pate moving our house. What about the wi~Ring of the road? THE CHAIRMAN: I don't think we can give you any information about that. The widening of the road.does not seem to be a very popular idea. I believe there is quite a bit of opposition to this widening. If they do widen it, I think that is where they would go. We can't tell you any more than that. I would recommend granting this permission for an additional two years at which time we can find out if conditions have changed. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, William H. Fiedler, North Road, Southold, New York be GRANTED permission to locate private garage with reduced setback on a private right of way off the south side of North Road, Southold, New York. This permission is granted for two years (2 years) from today's date. The permission will be in force until October 3, 1976. Vote of the ~Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Decision of ~he Board on Appeal No. 1949, Estate of Marie Vermaelin. This application was submitted by Richard Lark, Esq., of ~the office of Wickham & Lark, for a public hearing held on September 12, 1974. A decision was postponed at that time because the Board felt that a better way might be discovered to provide for drainage for the Town of Southold over the four lot property division that has been presented to the Board of Appeals by the Planning Board. The Board feels that the 10 foot wide easement is not wide enough for Town vehicles to operate on and it would seem that this easement was created to supply 150 feet of frontage on a deep lot. However, fronting houses on 150 foot frontage has problems of variance with regard to rear yards and front yards on long, narrow lots. Southold Town Board of Appeals -6- October 3, 1974 (There was a discussion with Mrs. William Hillman who is concerned with what happens to the property that borders on her property. The Chairman said it's on public streets and the way the Planning Board has this set up there is a Town easement 10 feet wide extending from this street. In case we had drainage problems they might have to improve that easement. The way this is set up they have a~10 foot right- angle here (referring to survey) and a 10 foot right angle here. I don't think the Town could get in to maintain it. This is a private right of way but I presume the Town could use it. Mrs~ Hillman said "that means I would look at the back of houses". The Chairman said that aside from that it seems to make more problems than it solves because that becomes the frontage of the property. Front yard requirements can't be met here. I% would be better to keep it the way it is and give the Town a 15 foot right of way. Mrs. Hillman asked if the Chairman thought they would put the access road parallel to her property to which the Chairman replied that he didn't see why they would). On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that application of Estate of Marie Vermaelin be sent back to the Planning Board with the suggestion that they propose a simpler way to provide for a Town easement~ for drainage water which may occur in the future. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated September 12, 1974 be approved as submitted, ~ubject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Southold Town Board of Appeals -7- October 3, 1974 PUBLIC HEARING: Appeal No. 1954 - 8:10 P.M. (E.D.S.T.) upon application of Reginald Hudson a/c Brody & Others, 136 Front Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B.9 for permission to construct docks and storage buildings on premises with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York, bounded on the north by Scott McBurney - Lot 11; on the east by canal (branch of Gull Pond); on the south by G. Lubrich - Lot 12; on the west by Gull 'Pond Lane. 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 survey indicating that this area is between Lots 11 and 12. The survey is dated August 3, 1972 and was mapped from previous surveys by Van Tuyl & Son. The area covered by this survey is 1.67+ acres. The five divisions mads on the map are for Lots 1, ~, 3, 4 and 5. The size of each lot works out roughly to 13,000 or 14,000 sq. ft. The depth varies depending on the edge of the canal and the way the road is laid out, Gull Pond Lane. KThe side yard dimensions are parallel° That describes the application except that this parcel was left out of the original filing because it was an area that was used to stack up fill, sludge, mud, etc. We, in effect, have here an area of 1.67 acres which the applicants have not been able to use or develop. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. REGINALD HUDSON: The folks who own the property have asked me to represent them. I sold it in the first place. It was property that was left over from Fordham Acres. THE CHAIRMAN: What property did the people you are talking about buy? MR. HUDSON: They own property all around that. They own two lots on this side (referring to survey) and one at the head. There were about a half dozen lots left. The lots, basically, on this side were purchased with the property plus four lots at the head of the canal plus 500 feet of property on this canal which you say was unlisted. It was not given a lot number~ it's just a blank space. They did not buy just this, they bought a lot of property with it. I went to the Board of Health and there is not good drainage possibilities for year round use. There is a lot of sand mixed ino Unless aasewer system were put in it could never be used. Water is Southold Town Board of Appeals -8- October 3, 1974 available there. The only relief you would have would be as a private marina. Their idea is that friends would bulkhead it and tie their boats up there. They are not interested in storage buildings. THE CHAIRMAN: What we are concerned with is to get an accurate description of what they propose to do. I don't think any agency of the Town can do this except the Planning Board. This is a major subdivision. We don't handle subdivis- ions any more. I don't know if the owners are aware that the Board of Health has to approve major subdivisions but not minor subdivisions. If you file for more than four lots you have a lot of requirements that you have to meet. They would not approve anyway because of the area of the lots. We also wonder why you did not make the lots smaller if you intended to sell these off as individual places to ' dock boats. Another point is that the privilege of docking a boat applies to a 40,000 sq. ft. lot so this all requires special action both of the Planning Board and ourselves. It seems like a reasonable use of property. We would never be permitted to put cesspools in. There would be covenants in every Deed if these were sold. It could never be used commercially. He would be limited to parking or anchoring off the end of one of these pieces of property plus he would be permitted his own boat plus two others. It is a good idea to have some docking but it is quite expensive for one man to bear the cost. Anyone who is permitted to put out a dock could also have two neighbors use it. These are some of the restrictions we have thouqht about in connection with this. In other words, you are going to need a variance and you are going to have to see the Planning Board to get a subdivision of property and we thin~[it would be reduced to four lots and not five. Not.beCause we think 5 lots is too many but to help you as far as the Board of Health is concerned. I am mentioning these things ahead of time to help these people here to understand what can and can't be done. I think this Board feels this is a good use of property. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: The Board has not made up its mind nor have I mane up my mind. We are open to ideas. Southold Town Board of Appeals -9- October 3, 1974 MR. HUDSON: If I have to go back to the Planning Board there is nothing else I have to add. They will have their ideas. Restrictive covenants would have to be added on. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. WALTER ~Q~S: If we don't object tonight will we have a further opportunity to object if it comes up again? THE CHAIRMAN: We have to work together with the Planning Board. It will have to come back here but whether it will be republished or not, I don't know. HERBERT ZIEGLER, ESQ.: I believe this would be a concern of the Environmental Commission. I think the main consideration of everyone here is the environment. A big concern is clamming because these boats would emit into Gull Pond. MR. WALTER~~: That body of water goes right down to the public beach. I think it would be a bad situation if you have twelve boats and there are cars coming in there. I have seen human ~crement in there already. THE CHAIRMAN: An ordinary residential lot is permitted to have the owner's boat plus two other boats docked at his dock. There is an economic consideration here. Presumably the cost is going up all the time. MR. THEODORE VAN HYNING: If these lots were used as bulkheaded storage for boats and you did have more than one per lot whoever would be doing this would be bringing in boats you could live on. There will be no houses with toilet facilities. They are going to be living on these boats over the weekend. How about sewage problems from boats? If you have a large number of boats it could be distressing to people further down. Another thing is the character of the neighborhood which presently is residential. These are very open properties, very visible. If storage sheds are asked for, would this be an attractive approach? THE CHAIRMAN: This Board is empowered to impose all kinds of restrictions. It would be easy to impose conditions that there be no live planting. I don't know if you could screen it from the east but I think you could approach your problem of visibility with live planting. The other problem is beyond us to solve. We had this problem come up with an application for house boats from Victoria Cottages. They never went through with it. They had an arrangement to handle sewage; they were going to handle it with cesspools. One of the. conditions we would impose would be that there be no cesspools so what the owner would do about that, I don't know. Southold Town Board of Appeals -10- October 3, 1974 MR. HUDSON: The owner doesn't care about having any other storage sheds.~-He would put in trees and topsoil. MR. JOHN GEtDEMAN, President, Cleaves Point Property Owners Association: I notice that the Building Inspector said that it would be excellent for a marina. Bulkheading would be just as restrictive as building because you would be going down into muck that would require piling. There is nothing in there that would hold the bulkheading up. The walls of the canal are falling down, nothing will grow. If you build a bulkhead you have to have suitable soil to build on. THE CHAIRMAN: We have never felt here that we could require bulkheading. Bulkheading a small lot might cost more than your house when you are building those concrete block Florida type houses. MR. GEIDEMAN: In that area, that would ~aintain ~hree boats per lot. THE CHAIRMAN: We have discussed requiring bulkheading ~ith the Town but the idea never went across. MR. ZIEGLER: I believe there will have to be an Environ- mental hearing before the State. I understand that on any waterfront property there must be advice of the Environmental Commission. THE CHAIRMAN: I thought you meant an Environmental Impact statement. You are right about having to submit it to the Department of Environmental Conservation. MR. ZIEGLER: I agree with everything you have said. THE CHAIRMAN: Is there anyone else present who wishes to speak against the granting of this application? MRS. L. McBURNEY: We have Lot 11. If they put these bulkheads in here, how are we going to get out with our boats? The creek is not very wide. MR. HUDSON: Do you have a boat? Do you have bulkheading? MRS. McBURNEY: Yes. THE CHAIRMAN: Where your boat is located is where they cut in the new canal. Southold Town Board of Appeals -tl- October 3, 1974 MR. GEiIDEMAN: The banks there are holding up. MR. HUDSON: Did the Kaplan's build this before the Planning Baard was in existence? MR. GEIDEMAN: It was about 9 or 10 years ago. THE CHAIRMAN: These canals were a mistake. They become salted by the golf course. Mrs. McBurney, your question relates to the type of structure you have. I don't know how I can answer it. I don't know how you can object to a part of a canal and not another part. Do you turn around in front of your property? MRS. McBURNEY: Yes. MRS. EVELYN ARMSTRONG: How would the Board of Health be in volved if you don't have cesspools? THE CHAIRMAN: ~The Board of Health will never countenance seweage disposal there. This is a regulation that involves p~ocedure on subdivisions. Whether houses are built on this or not the Board of Health would have to approve or disapprove ma]or subdivisions. That's why I thought these people would want four lots instead of five. Even if a minor subdivision was recommended by the Planning Board, the Board of Health still would not let anyone put in cesspools. MR. HARRY ARMSTRONG: Would there be floats or piers out there? THE CHAIRMAN: The types of docks they use would not volve us. MR. ZIEGLER: It would be impossible to put a dock out. The Banal is not that wide. How would they dredge? MR. HUDSON: They can't keep on carrying it. A friend may want to buy a piece of property to put a boat there so they want to clean this up. MR. ZIEGLER: A man could always sell to someone else. MRS. EVELYN ARMSTRONG: I missed something about who they are going to sue. THE CHAIRMAN: You mean a court case? I don't know who they are going to sue. The original seller was Latham - Preston. Southold Town Board of Appeals -12- October 3, 1974 MR. ERIC KOCH, Cleaves Point Property Owners Assoc.: (After an informal discussion with the Board regarding heads in boats, Mr. Koch felt that any further discussion should be postponed until after submission of this application to the Planning Board. The Chairman directed the secretary to write the following letter to the Planning Board: "At a regular meeting held October 3, 1974 the Southold Town Board of Appeals postponed decision on the above appeal for a variance for permission to construct docks and sto~age buildings on premises with insufficient width and area, until after its submission to the Planning Board. The property is located on the east side of Gull Pond Lane, Greenport, New York. It is the Board of Appeals opinion that this subdivision can be cut down to four lots which would avoid a major subdivision. If the Planning Board should view this application favorably each of the lots shall be covenanted to prevent residential use for all time." On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that decision of the Board of Appeals on Appeal No. 1954, application of Reginald Hudson a/c Brody & Others be postponed pending submission of this application to the Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1955 - 8:25 P.M. (E.D.S.T.) upon application of Antonio De Souza, 5 Viking Road, Glenwood Landing, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: Bay Shore Road and Island View Lane, Greenport, New York, Peconic Bay Estates, Lot No. 152 and 1/2 of 151. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a contract of sale. You have contracted to buy this property? MR. DE SOUZA: Yes. Southold Town Board of Appeals -13- October 3, 1974 'THE CHAIRMAN: The applicant proposes to build a house on property which is irregular in shape so that on Bay Shore Road the lot has 6~ feet plus a 38 foot arc. The rear of the lot diminishes to 37.36 feet which requires that the house be placed on the lot the way the applicant has placed it which is 20 feet from Bay Shore Road and 10 feet from vacant land on the north. The garage which is attached by a driveway would be 10 feet from Island View Lane. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ANTONIO DE SOUZA: I have owned the lot since 1961. Van Tuyl made the survey. THE CHAIRMAN: There is no way to enlarge it. It is heavily wooded. We thought of having you move it back a little further from Bay Shore Road but in that case if you backed a car out of the garage you would be on the street. This way you have about 20 feet. We also thought of having you enter your garage from the west but I don't think there is enough clearance. It would be my opinion that the house is properly located. 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? MR. WILLIAM R. DUNLOP: I am an attorney and the son- in-law of M. F. Dunnick who owns the adjacent property. I thought it required two 50 foot setbacks. This is a corner lot. My review of the plot indicates a backyard of 50 feet and sideyards, and this plan does not come close to the required setbacks. Other properties have much larger set- backs, particularly front yard, than does the proposed property. Also, the property is heavily wooded and moving this house would require losing most of those trees which is something environmentalists would be opposed to. THE CHAIRMAN: I'm sure you know that an action of the Zoning Board of Appeals is not based on a popularity contest as to whether neighbors want something or not. The Board of Appeals was established to take care of hardships that exist. This community is several hundred years old and consists of waterways and narrow streets and plots in single and separate ownership. Much of our work concerns lots such as this. It is impossible to achieve the 50 foot setback which is required under the present Ordinance. Southold Town Board of Appeals -14- October 3, 1974 WILLIAM R. DUNLOP, ESQ.: This is "A" district. In the case of a lot held in single and separate ownership a single dwelling may be constructed and side yards may be reduced by 25%. THE CHAIRMAN: This Board enters into it when the reduction is more than 25%, it used to be 50%. The Building Inspector could do that prior to passage of the Ordinance. MR. DUNLOP: Mrs. Dunnick does not have city water and she is concerned that construction of sanitary facilities might affect the quality of the water. THE CHAIRMAN: That would be a matter for the Board of Health. It would have to have Board of Health approval. You understand that this is not something that we have any control over. THE CHAIRMAN: Does anyone else wish to speak against this application? MR. CONNELLY, President of WiCkham Park Assoc.: That's a very bad corner. I am reporting to our summer residents. Where is the garage going to be? MR. FRED HULSE, JR.: On Island View Lane. THE CHAIRMAN: It is my opinion that this will have to be cl~ed on a 30 foot radius from the intersection to 30 inches to provide visibility. The visibility should be increased. MR. CONNELLY: Is that a two story building? MR. DE SOUZA: It is one story. MR. CONNELLY: The front yard setback will not look good. THE CHAIRMAN: The situation is what exists. We are not putting it forward. It has an acute angle. MR. HULSE: It has been owned singly for many years° There is no possible way you can prevent a building from going on this property. The only thing we have to do is to locate it somewhere. There is no really good place. MR. CONNELLY: If the person who has a lot alongside of that decided to build could he put his house in the same location? THE CHAIRMAN: The original filing goes back to 1928. Southold Town Board of Appeals -15- October 3, 1974 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 construct dwelling with insufficient setback on Bay Shore Road and Island View Lane, Greenport, New York. The findings of the Board are that applicant is the owner of a lot which is irregular in shape. There is noway to enlarge the lot and it is impossible to achieve the 50 foot setbaCk which is required Under the present Ordinance. The Board agrees that this is the only feasible location for applicant's dwelling. 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. Hulse, it was RESOLVED, Antonio De Souza, 5 Viking Road, Glenwood Landing, New York be GRANTED permission to construct dwelling with in- sufficient setback on Bay Shore Road and Island View Lane, Greenport, New York, as applied for, subject to the following condition: That the corner of the property be cleared on a 30 foot radius from the intersection to a height of 30 inches to provide visibility. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis~ Hulse. PUBLIC HEARING: Appeal No. 1956 - 8:35 P.M. (E.D~S,T.), upon application of Lefferts P. Edson, Main ~oad, SQuthold, New York for a variance in acCordance with the Zoning Ordinance, Article III, Section 100-30 C.1 for permission to use existing barn for an art studio. Location of property: N/S Main Road, (Rt. 25), Cutchogue, New York, bounded on the north by other lands of applicant; on the east by R. Asselta; on the south ~ by Main Road; on the west by Estelle McCallum. Fee paid $15.00. Southold Town Board of Appeals -16- October 3, 1974 THE CHAIRMAN: The application is accompanied by a sketch indicating that property is on the Main Road in Cutchogue. There is a farm dwelling on the road and a barn considerably to the north. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? LEFFERTS P. EDSON, ESQ.: This is a better picture of the premises. This is the barn and these are two little sheds. The proposed subdivision has been approved by the Planning Board. The house, here, will not be in the same contract as this area, and that's the reason for this application. We wish to change from a potato barn to an art studio. MR. FRED HULSE, JR.: This subdivision has been approved? MR. EDSON: Yes. THE CHAIRMAN: What size are these lots? MR. EDSON: One acre. THE CHAIRMAN: The proposal is to have a separate lot where this barn is located. Is art going to be sold here? MR. EDSON: No. There will be no business done. THE CHAIRMAN: Eventually you may want to discontinue this use and sell it as a lot. MR~ EDSON: It will be sold to the same people. THE CHAIRMAN: It seems to be a reasonable use of property with some restrictions. MR. EDSON: I think it will be very attractive. They live at the old Messinger place. THE CHAIRMAN: Is there just one p~rson who will use this? MR. EDSON: There are two people involved. THE CHAIRMAN: Later they may build a hOuse. MR. EDSON: Yes. Southold Town Board of Appeals -17- October 3, 1974 THE CHAIRMAN: Is there anyone present who may wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to use existing barn for an art studio on the north side of Main Road (Route 25), Cutchogue, New York. The findings of the Board are that applicant is in a subdIvision of eighteen one acre lots, one of which will be owned by the applicant. The user of this property will be the owner of the property. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same ~se district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Lefferts P. Edson, Esq., M~n Road, Southold, New York be GRANTED permission to use existing barn for an art studio. The property is located on the north side of Main Road (Route 25), Cutchogue, New York. This variance is granted subject to the following conditions: 1. That no art sales shall be conducted on the premises; there shall be no exhibits and no commercial functions. After two years (2) the Board of Appeals shall be required to review this use of property to assure that there have been no violations. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1957 8:45 P.M. (E.D.S.T.) upon application of Mr. and Mrs. Robert Goldense,5330 New Suffolk Road, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition on dwelling which will reduce existing setback line average. Location of property: W/S New Suffolk Road, New Suffolk, New York, bounded on the north by M. Cooper; on the east by New Suffolk Road; on the south by E. Raynor; on the west by A. Rysko. Fee paid $15.00. Southold Town Board of Appeals -18- October 3, 1974 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating that the present existing setback is 38.8 feet; the depth of the property is 150 feet; and the width of the lot is 50 feet ~on New Suffolk Road and also at the rear of the property. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT GOLDENSE: The porch we have now will have to be moved. If I am going to build another one I would like to make it bigger. THH CHAIRMAN: When did you buy the house? MR. GOLDENSE: It was signed over from my wife's mother two m~nths ago. THE CHAIR/~AN: How old is the house? MRS. GOLDENSE: It's about 45 years old. My mother owned it for 22 years. 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 on dwelling which will reduce existing setback line average on p~operty located on the west side of New Suffolk Road, New Suffolk, New York. The findings of the Board are that the reduction of the front yard would be less than 2 feet and would not change the character of the area. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary har~hip; 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 chanqe the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -19- October 3, 1974 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Mr. and Mrs. Robert Goldense, 5330 New Suffolk Road, New Suffolk, New York be GRANTED permission to construct addition on dwelling which will reduce existing setback line average, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1958 - 9:00 P.M. (E.D.S.T.) upon application of Thomas A. Duffey, President, T.A.D. Auto Sales, Inc., Main Road, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 for permission a. to conduct a used car sales business; b. to erect a second sign. Location of property: S/S Main Road, Mattituck, New York, bounded on the north by Main Road; on the east by Maratooka Lane; on the south by J. Brooks & R. Polhemus; west by Sunset Avenue. 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 Van Tuyl survey dated June 15, 1970 indicating that the property has 201.82 feet on Main Road on an angle, 158.89 feet on Sunset Avenue, 185 feet on Maratooka Lane, and 200 feet at right angles to the two side yards extending from Maratooka Lane to Sunset Avenuea There is an island built in that was used for gas pumps by a previous owner which is 12 feet from the road. KThe service station is approximately 60 feet from the Main Road and 40 feet from Maratooka Lane and a considerable distance from Sunset Avenue. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. THOMAS A. DUFFEY: I propose to run a used car operation. There would be no body work or mechanical work done on the premises. It would be done in Mattituck by Lewis and the body work would be done by Harvey Bagshaw in Mattituck. I would display twelve or thirteen very clean automobiles. I have been in business for 25 years. I will put some nice flowers around the building and the building will be painted. I have an authorized Buick dealer or Chrysler dealer. Southold Town Board of Appeals -20- OctOber 3, 1974 THE CHAIRMAN: Would there be anything in your future that would indicate that you would take on an automobile dealership? MR. DUFFEY: There is a possibility I might be a repre- sentative for Porsche for the North Fork. I would be displaying one or two cars. Porsche-Audi, Inc. in Southampton has it all east of Huntington but he has no representation on the North Fork. It would be purely a display area. There is a lift in the building and an extra bay but I don't propose to use it at all. THE CHAIRMAN: You do propose to use the gasoline service station. MR. DUF~EY: That is owned by the people I have a lease from and they want me to pump their gasoline and I would have to do it but it would be done by an attendant in a maroon uniform. It would be very nicely done. THE CHAIRMAN: I am sure, in view of the size of the operation Which you propose, you would not object to having a buffer zone between you and the residential area to the south. MR, DUFFEY: There are woods there. THE CHAIRMAN: You would not expect to cut down any trees at all? MR. DUFFEY: I would prune a few trees and take down ~he fifteen year old sign. THE CHAIRMAN: How long has the gas station been in use? MR. DUFFEY: I believe about eight months or more. MR. FRED HULSE, JR.: It's been in use a couple of years, at least a year and a half. THE CHAIRMAN: How many cars do you think you will have? MR. DUFFEY: About 12. The security lights are 400 watts on Pole 948. They just would be on the automobiles in that area. THE CHAIRMAN: You would not be installing any lights? Southold ToWn Board of Appeals -21- October 3, 1974 MR. DUFFEY: There is one light I would like to have, a Dawn to Dusk light put out by Lilco. They have two types. This is purely for the Police Department as they ride by. It's a mercury vapor light. 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 a. conduct a used car sales business and b. to erect a second sign on property located on the south side of Main Road, Mattituck. The findings of the Board are that this is a reactivation of use. It is in a "B-l" district where gas stations are permitted. The Board also finds that applicant is required by New York State Department of Motor Vehicles to exhibit a 2' x 4' illuminated sign attached to the building. Applicant does not plan to cut any t~ees on the wooded portion of the lot to the south thus leaving a buffer zone between applicant's property and the residential area to the south. 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. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales, Inc., Main Road, Mattituck, New York be GRANTED PERMISSION to a. conduct a used car sales business, and b. to erect a second sign, on property located on the south side of Main Road, Mattituck, as applied for, subject to the following conditions: 1. 100-70 B.4 Public garages, gasoline service stations, and new and used car lots, all subject to the following requirements. Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. b. Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building. c. Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of Southold Town Board of Appeals -22- October 3, 1974 gasoline or oil, shall be conducted in a building. d. The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty~five (35) feet from any property line other than the street line. e. No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet 'from any street or property line. f. No motor vehicle sales, used car lots, gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or a rest home nor within three hundre~ (300) feet of any residence district. Applicant shall not park any used car closer than 35 feet to any property line. e That a 10 foot buffer strip shall be maintained between applicant's operation and a residential area to the south. That no cars shall be parked within ten (10) feet of the rear property line. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Mr. Harvey Bagshaw came in for an informal discussion with the Board of Appeals regarding the location of proposed building on property located on the north side of Main Road, Laurel School District 911 and Mattituck Post Office. The Chairman instructed the secretary to write a letter to Mr. Alan A. Cardinale regarding Appeal No. 1914, Adeline Cardinale, Laurel, New York suggesting that Mr. Cardinale determine a right of way to Peconlc Bay that is satisfactory to the Planning Board. Southold Town Board of Appeals -23- October 3, 1974 In response to a request by Mrs. John Davis of the Val Stype Agency a copy of the Action of the Board of Appeals dated July 27, 1972, Appeal No. 1597, application of Florence F. Grathwohl & James V. Pugsley, Fanning Road and Jackson Street, New Suffolk, New. York was sent to Mrs. Davis along with the accompanying letter: "We are enclosing herewith a copy of the Action of the Zoning Board of Appeals dated July 27, 1972. The reason for Condition No. 3 was that the Board wanted to be assured that any prospective purchaser of any one of these six parcels shall be shown -this Action of the Board of Appeals and shall acknowledge recognition to the Board of Appeals." s/s Robert W. Gillispie, Jr. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T.) October 17, 1974, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Arthur W. Hahn, Jr., Bayshore Road, Box 685, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Sek~ion 100-30 and Bulk Schedule for permission to use property as two building lots with in- sufficient frontage and area. Location of property: W/S Bay Shore Road, Amended Map of Peconic Bay Estates, Lots 132-136, Greenport, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.) October 17, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Boris T. and Olga Shaskin, 1055 Captain Kidd Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 c. and Article III, Section 100-32 for permission to locate accessory building (garage) in front yard area. Location of property: Map of Captain Kidd Estates, Lot No. 184, Mattituck, New York. Vote of the Board: Ayes:- Messrs: Gillisple, Grigonls, Hulse. Southold Town Board of Appeals -24- October 3, 1~74 On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED, that the Southold Town Board of Appeals set 8:15 P.M. (E.D.S.T.), October 17, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Pebble Beach Realty, Inc. 620 Hempstead Turnpike, Elmont, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C, G, D, & F for temporary signs of excessive size. Location of property: State Road, East Marion, New York, bounded on the north by L.I. Sound- east by A. Birten; south by Main Road; west by Island's End Golf & Country Club. Vote of ~he Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. The meeting was adjourned at 10:45 P.M. Respectfully submitted, C~an ~°~ -~ppea~ ~/ R. W. Gillispie, Jr., Chairman