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HomeMy WebLinkAboutZBA-09/12/1974Town ppeals UTH n LD, Telephone 765-~50 APPEAL BOARD ME/v~BER Robert '¢¢~. Gillispi¢, Jr., Chairma~ Rob~r! B~rgen Charles Grigonis, .Jr. Ser~e Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals September 12, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, September 12, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Serge Doyen, Jr. Also present: Mr. Howard Terry, Building Inspector Absent: Mr. Charles Grigonis, Jr. Decision of the Board on Appeal No. 1939, Gloria and Edward J. Praetz, 53750 North Road, Southold, New York, was postponed from August 22, 1974 until tonight's meeting. THE CHAIRMAN: In searching the files we do ~ot find that any variance was granted on this piece of property in the past. One of the requiremenHs of the Zoning Ordinance is that a structure may not occupy more than 20% of the lot. We find that this dwelling occupies more than 20% of the lot. The addition that you propose on the westerly side would obstruct the view coming in from Beverly Road. No additional structure should be added to your present structure. Your lot is basically 50 feet by 90 feet. It looks as if the lot coverage is somewhere around 1,500 sq. ft. now. Where are your cesspools? MR. EDWARD PRAETZ: In the back. THE CHAIRMAN: It's my. view that this addition should not be added to your lot. It would result in too big a house on this small lot. This would add 8 feet plus 2 feet for a chimney. Southold Town Board of Appeals -2- September 12, 1974 As far as we can figure out there is only 2 feet to that line. So, there is a double reason: 1. Too much lot coverage. 2. A hazard to traffic. Incidentally, a couple of these bushes are hazardous to traffic. They are supposed to be held to 30 inches. MR. PRAETZ: I thought the appeal was granted except for this variance. THE CHAIRMAN: The decision was postponed. In most cases where an undersized plot is built upon, included in the variance giving permission to build the house, something would be said about sideyards or rear yards. That's why we looked through the records. This apparently was built before the Zoning Ordinance came into effect. In this case, it is my opinion, it should not be granted. After investigation and inspection the Board finds that applicant requests permission to construct addition to dwelling with reduced setback on Private Road (front yard), located on North Road (CR 27) and Beverly Road, Southold. The findings of the Board are that to add this addition would result in too much lot coverage according to the Zoning Ordinance; and would create a hazardous condition concerning traffic as it would obstruct the view coming in from Beverly Road. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique; and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillisple, seconded by Mr. Bergen, it was RESOLVED, Gloria & Edward J. Praetz, 53750 North Road, Southold, New York, be DENIED permission to construct addition to dwelling with reduced setback in front yard on Private Road, located on North Road (CR 27) and Beverly Road, Southold, as applied for, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. Southold Town Board of Appeals -3- September 12, 1974 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated August 22, 1974 be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. THE CHAIRMAN: A decision on Appeal No. 1940, Gary Olsen, Esq., a/c Zdzislaw Mikolajczyk, 2 Johns Road, Mattituck, New York was postponed from August 22, 1974 until tonight. The problem has to do with the old telephone building. I have not done any work on this except to determine that if you are going to use parking you can't do it on anyone else's property. You don't have enough parking for what you want to do. GARY OLSEN, ESQ.: We want on-street parking and permission for two offices. I believe we have some further information. THE CHAIRMAN: We can reopen the hearing. MR. JACK DRISCOLL: I spoke to Mr. Tasker on the telephone and asked him--about the parking situation. What he told me was that if there was parking within 200 feet of the property it would be allowed to be used for the property. THE CHAIRMAN: Providing certain other requirements are met; providing it's the same ownership. MR. DRISCOLL: I was going according to what Mr. Tasker said. THE CHAIRMAN: When you were in here before it was generally agreed that the land'in the back was owned by the cemetery and that there was no way to enlarge the adjoining property. MR. DRISCOLL: It's not an impossibility. It has been looked into because the church was talking about making a play- ground out of that piece of property. They have no parking at all for that church. It's all on-street parking- There is a possibility of parking across the street. Love Lane has no parking. In Mattituck on the Main Road opposite the old Bohack's there are four businesses with parking for four cars. I can make parking for five cars on this property, definitely. Southcld Town Board of Appeals -4- September 12, 1974 THE CHAIRMAN: Where would you put the cars? MR. DRISCOLL: (referring to survey) You could put,two cars here and four across here. THE CHAIRMAN: Parking areas have to relate to zoning re- quirements (350 sq. ft. per vehicle). Also, there is a relation- ship to floor area and the number of parking spaces required. MR. DRISCOLL: You could put a certain professional person in here who would have only three or four clients a day, and you could put one in who has fifty a day. THE CHAIRMAN: What is the area of the office building you propose to subdivide. MR. DRISCOLL: 1,502 sq. ft. MR~ FRED HULSE: Does that include your lavatory and furnace room? MR. DRISCOLL: You would lose 7' x 14' for a lavatory and heating units. Basically, the man who wants to go in there is an optician. I don't think he would have more than ten people a day. THE CHAIRMAN: I am trying to find out what is required. MR. DRISCOLL: You are basically looking for new regulations but we are talking about an existing situation. THE CHAIRMAN: You could put one business in there. What are you proposing now? MR. DRISCOLL: We would like to have two professional offices. THE CHAIRMAN: We have no way of controlling who goes there. MR. DRISCOLL: Can you make a ruling on it that it has to be professional offices? THE CHAIRMAN: I don't know how much that would help us. If you are asking for a variance -we can impose conditions. The Suffolk County Planning Department turns down anything that doesn't have enough parking. The Village of Babylon has an ordinance that gives places like this , automatically, twenty parking spaces on the street. That is not true in our town or most other towns. Southold T~wn Board of Appeals -5- September 12, 1974 MR. DRISCOLL: It might help to know that we have gotten permission from the people across the street to park cars there in the day time. They use their place basically at night. I spoke to Mr. Tasker about that. They will allow us to park there in the day time for professional offices. THE CHAIRMAN: You are proposing an optician's office and what? MR. DRISCOLL: I can't answer that. I haven't gotten a definite answer. I know he thinks that this is much too large for single professional ownership. (The Chairman read from the Ordinance, Section 100-112, as follows: "provided that all spaces therein are located within 200 feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces he, located in any residence district unless the use to which the spaces are accessory is permitted in such residence district or upon approval by ~he Board of Appeals. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Board, binding the owner and his heirs and assigns to maintain the required number of spaces available sither throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere." MR. DRISCOLL: If we could park six cars on the property what position would that put us in? THE CHAIRMAN: If you could get six cars on the property you could have two home occupations. You are talking about an optician and someone else. We might be able to work it out with six spaces. It would limit it as to who Fou could rent to. I am perfectly willing to adjourn this hearing again until three weeks from now to see what more you can come up with. MR. DRISCOLL: He wants to buy space for two offices. If we can get permission to put two businesses in there and if he ~ can supply parking then he wants to go ahead and open his office there. I don't think it would hurt the Town to have an optician. THE CHAIRMAN: Roughly, you have 2,000 sq. ft. MR. DRISCOLL: It's 49 feet to the lot line. The sidewalk is about 3 feet wide, so it's a full 50 feet. THE CHAIRMAN: I believe you could get six spaces out of it. MR. DRISCOLL: Perhaps we should let it sit and see what type of business we can get in there. He had a thought of an optician's office and typewriting classes. His wife would like Southold Town Board of Appeals -6- September 12, 1974 to teach typewriting to some girls. It could be called a "home" business. THE CHAIRMAN: I suggest the best idea is to keep it open. Is there any possibility of buying any more property? MR. DRISCOLL: Did you ever try to buy any property from a church? THE CHAIRMAN: We will adjourn this hearing. When would it be convenient for you to appear here again? (After a discussion it was decided that October 17th would be a convenient time). On motion by Mr. Gillispie, 'seconded by Mr. Bergen, it was RESOLVED that the hearing on Appeal No. 1940, Gary Olsen, Esq. a/c Zdzislaw Mikolajczyk, be postponed until 7:30 P.M. October 17, 1974. Vote of the Board: Ayes:- Messrs" Gillispie, Bergen, Hulse, Doyen. Decision of the Board on Appeal No. 1941, Gordon Ahlers a/c Brasby's at Mattituck Manor, Main Road, Mattituck, New York. (Mr. Ahlers showed the Board new plans for stone ~ence.) MR. GORDON AHLERS: This is 30 inches all the way around. THE CHAIRMAN: The gateway completely blocks any view. How far back is it? MR. AHLERS: It's 12 feet back. MR. ROBERT BERGEN: The fence is 30 inches high and slopes back. THE CHAIRMAN: We can't go with this blocking out of the corner. However, I do like the idea of 30 inches. MR. AHLERS: When they approach this point it is at a low speed. THE CHAIRMAN: Do you want us to act on this tonight? Southold Town Board of Appeals -7, September 12, 1974 MR. AHLERS: Yes. THE CHAIRMAN: I think the principal thing we have to act -n is this archwaY. After investigation and inspection the Board finds that applicant requests permission to construct stone wall fence at Main Road and New Suffolk Avenue, Mattituck. The Board finds that applicant proposes a 30 inch high stone fence. The Board agrees with the applicant subject to restrictions concerning the gateway. 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. Gillisple, seconded by Mr. Bergen, it was RESOLVED, Gordon Ahlers a/c Brasby's at Mattituck, Main Road, Mattituck, New York, be GRANTED permission to construct stone wall fence at Main Road and New Suffolk Avenue, as applied for, subject to the following conditions: That no portion of the gateway shall be closer than 20 feet to applicant's property line; the gateway to be located at the 20 foot entrance to the Brasby property at the westerly end of the property on ~oute 25. That no portion of the wall to be constructed on Route 25 or on New Suffolk Avenue shall be in excess of 30 inches. That no portion of the gateway shall be closer than 20 feet to Route 25. The gateway shall not have less than a 16 foot high clearance, and no portion of the gateway shall be higher than 25 feet. A condition of granting is that applicant shall designate the opening in the wall on Route 25 as "Entrance" to the parking lot; and the opening · n the wall on New Suffolk Avenue as "Exit" to the parking lot. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillisple, Bergen, Southold Town Board of Appeals -8- September 12, 1974 PUBLIC HEARING: Appeal No. 1934 - 8:15 P.M. (E.D.S.T.) upon application of Achilles and Marion Stachtiaris, Carole Road and Old Cove Boulevard, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35A for permission to construct fence with excessive height in front yard area. Location of property: Carole Road and Old Cove Blvd. (private road); east by H. Manis; south by Stafford; west by Carole Road (private road). Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ARNOLD LARSEN: I have some pictures to show you. There is a private driveway used by two houses, and in the other case, by six houses. You will also see that the original layout of the original house was there. Applica- tions for motel and boatel sites have been granted which has made this not too usable directly across from the private road. THE CHAIRMAN: When was this house built? MR. LARSEN: About 12 years ago. The motel consisted of units which were added on to. THE CHAIRMAN: The fence is a little higher than it should be but it is most decorative. THE CHAIRMAN: I am persuaded that people who are afflicted with this type of situatio~ should get some relief. There have been cases where we have granted a higher than normal height fence to prevent littering. 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 fence with excessive height in front yard area of Carole Road and 01d Cove Blvd., Southold. The Board finds that applicant's property is located next to the Southold Town Beach Motel and that the front yard faces the parking area. The findings of the Board are that applicant has a valid reason for requesting a variance. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -9- September 12, 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. Hulse, it was RESOLVED, Achilles & Marion Stachtiaris, Carole Road and Old Cove Blvd., Southold, New York, be GRANTED permission to construct fence with excessive height in front yard area of property located on Carole Road and Old Cove Blvd., Southold, as applied fort subject to condition that the fence be no higher than 6 1/2 feet. Vote of the Board~ Ayes:- Messrs: Gillispie, Bergen, Hutse, Doyen. - PUBLIC HEARING: Appeal No. 1942 8:20 P.M. (E.D.S.T.) upon application of Arthu~ W. Slattery, Landing Road, Cutchogue, New York f~r a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Landing Road, North- west Loop, Cutchogue, New York, Lot ~273, Map of Nassau Point Properties. Fee paid $15.00.- The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating that two houses are constructed on a lot approximately 414 feet in depth on the southerly dimension, approximately 431 feet on the northerly dimension, 109 feet on Landing Road. The lot is wedge-shaped and tapers back to the east to about 51.63 feet on the tie line. The division would create equ~l parcels of 16,700 sq. ft. ~. The two existing houses have blacktop driveways. THE CHAIRMAN: Is there anyone p~esent who wishes to speak for this application? Southold Town Board of Appeals -10- September 12, 1974 MR. ARTHUR H. SLATTERY: The only thing I might add is that in 1950 when we bought that property through Mrs. Silkworth we received a variance to build two houses because the plot was so deep. That was part of the condition of sale. At that point, Nassau Point Properties did not control it. We have always paid one t-x on two properties. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the applicant requests permission to divide property with insufficient width and area located on Landing Road, Northwest Loop, Cutchogue, New York. The findings of the Board are that this division Will not change the character of the area. The Board finds that the request is reasonable and agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, Arthur W. Slattery, Landing Road, Cutchogue, New York, be GRANTED permission to divide property with insufficient width and area located on Landing Road, North- west Loop, Cutchogue, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1944 - 8:30 P.M. (E.D.S.T.) upon application of Marion Ales, 329 Forest Road, Douglaston, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to construct accessory building in front yard area. Location of property: Nassau Point Road, Cutchogue, Lot 71, Map of Nassau Point Properties. Fee paid $15.00. Southold Town Board of Appeals -10-a. September 12, 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: Is there anyone present who wishes to speak for this application? MRS. MARION ALES: I'm applying for a garage in the front yard area. If it were in the backyard it would be in the water. MR. ROBERT BERGEN: Do you have a plot plan? MRS. ALES: Yes, I do. (Mrs. Ales showed plan to Board). The lot is over 400 feet deep. (The Board and Mrs. Ales discussed the proposed location of the garage). I don't think you worry enough about a building being too close to the sidelines. My neighbor put up a three car garage which was 5 feet to the side line. MR. BERGEN: How does this correspond with your neighbor's garage as far as distance to the road is concerned? MRS. ALES: They are roughly in the same position. (Referring to plot plan) I think this is 30 feet from here to here from the edge of the house and the edge of the garage. There is 2§0 feet from here to the road and 30 feet from here to the house. THE CHAIRMAN: Your garage may be further back. MRS. ALES: It may well be. THE CHAIRMAN: You have a slope there and some big trees. MRS. ALES: The further down you go the lower the garage drops. THE CHAIRMAN: Is there anyone else who wishes to speak for this aPplication? (There was no response.) THE CHAIRMAN: ~s there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -11- September 12, 1974 After investigation and inspection the Board finds that applicant requests permission to construct accessory building in front yard area, Lot No. 71, Map of Nassau Point Properties, Cutchogue. The findings of the Board are that applicant has a topographical hardship. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, Marion Ales, 329 Forest Road, Douglaston, N. Y. be GRANTED permission to construct accessory building in front yard area, as applied for, on property located at Nassau Point Road, Lot No. 71, Map of Nassau Point Properties, Cutchogue, New York, subject to the following conditions: 1. That no portion of this garage shall be closer than 2~0 feet to Nassau Point Road on the west. 2. That no portion of this garage shall be closer than 15 feet to either side line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1945 - 8:40 P.M. (E.D.S.T.), upon application of Nicholas Brusich, Westview Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to construct radio antenna mast of excessive height. Location of property: N/S Westview Drive, Mattituck, bounded on the north by E. Smith; east by R. Fogarty; south by Westview Drive; west by Komosa & Murphy. Fee paid $15~00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -12- September 12, 1974 THE CHAIRMAN: The sketch indicates that the applicant wishes to place the radio mast at a point 5 feet from the existing dwelling on a 4' x 4' base, 18' + from the westerly side line. It would be more or less centrally located on the lot. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: What is the height of this mast? MR. HOWARD TERRY, Building Inspector: He wants to go 56 feet. This is a radio mast, not TV. It has one of those big umbrella antennas. MR. ROBERT BERGEN: Is there any guarantee that it won't interfere with TVs. MR. TERRY: It is not interfering now. It will be the same antenna but on a higher mast. He wants to get above the trees so he gets better reception. THE CHAIRMAN: I think there is some control on these radio operators. MR. TERRY: They are pretty well monitored. THE CHAIRMAN: I believe we have established a policy that the ~aximum height should be 55 feet. THE CHAIRMAN: Is there anyone present who wishes to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct radio antenna mast of excessive height on the north side of Westview Drive, Mattituck. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -13- September 12, 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. Hulse, seconded by Mr. Gillisp~e, it was RESOLVED, Nicholas Brusich, Westview Drive, Mattituck, New York, be GRANTED permission to construct radio antenna mast of excessive height on the north side of Westview Drive, Mattituck, New York, as applied for, subject to the following conditions: 1. That the structure shall be no higher than 55 feet. The antenna mast shall be located no closer than 15 feet to the westerly side line, and no closer than 15 feet to the rear lot line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1946 - 8:50 P.M. (E.D.S.T.) upon application of Eugene Mazzaferro, Oak Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Article XI, Section 100-118, Sub. Sec. F for permission to construct dwelling on existing foundation with insufficient setback. Location of property: Corwin & Eighth Streets, Greenport, bounded on the north by C. Flatley; east by Eighth Street; south by Corwin Street; west by C. Hulse. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. FRED HULSE: Eugene Mazzaferro called me. He said he had to attend another meeting tonight. He feels that his reasons for wanting the variance are pretty much explained in the application but if there is anything you have to know he would agree to yournpostponing the hearing. Southold Town Board of Appeals -14- September 12, 1974 MR. ROBERT BERGEN: We looked at it and all the setbacks seem to be similar to others in the neighborhood. THE CHAIRMAN: Are the garages on his property? MR. HULSE: Yes, they go with that property. THE CHAIRMAN: Is there anyone pmesent who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to c~nstruct dwelling on existing foundation with insufficient setback on Corwin and Eighth Streets, Greenport. The findings of the Board are that applicant wishes to replace the dwelling which burned down in July, 1973 on the same foundation. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED, Eugene Mazzaferro, Oak Street, Greenport, New York, be GRANTED permission to construct dwelling on existing foundation with insufficient setback on Corwin and Eighth Streets, Greenport, New York, as applied for, subject to the following condition: That there shall be no encroachment of the old lot lines as determined by the existing foundation. Vote of~the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1947 9:00 P.M. (E.D.S.T.), upon application of Rev. Donald Brickley, 75 Broadwater Drive, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec. 100-30 and Bulk Schedule for permIssion to construct dwelling with insufficient setback at closest point to road. Location of property: Broadwater Drive & Skunk Lane, Cutchogue, bounded on the north by Skunk Lane; east by Petrucci & Graham; south by Oak Drive; west by Broadwater Drive. Fee paid $15.00. Southold Town Board of Appeals -15- September 12, 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: Is there anyone present who wishes to speak for this application? (There was no response.) MR. ROBERT BERGEN: We looked at the place and found it practically has three front yards. THE CHAIRMAN: As a matter of fact the house is not parallel to the road. I might say that the applicant appeared before the Town Boar~din order to fill some marsh- land and cesspools which the Board of Health decided should have some additional drainage. I believe he obtained DEC approval on that. MR. HOWARD TERRY, Building Inspector: The application before the Town Board is being revised. THE CHAIRMAN: What is that 30 foot drainage canal? MR. TERRY: There's a mosquito ditch out there. Some of the stuff you saw out there is due to excavation of the cesspool sewer system. That's the reason he has to amend his application to the Town Board. THE CHAIRMAN: I don't think that anything in this application relates to the application before the Town Board. We have run into other cases where the surveyor has not located the lines properly. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct dwelling with insufficient setback at closest point to road at Broadway & Skunk Lane, Cutchogue. The findings yof the Board are that applicant has adequate side clearance for this corner, and that applicant would suffer hardship if this appeal were not granted due to the failure of the surveyor to properly place the stakes. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -16- September 12, 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. Gilt~spie, seconded by Mr. Hulse, it was RESOLVED, Rev. Donald Brickley, 75 Broadwater Drive, Cutchogue, New York, be GRANTED permission to construct dwelling with insufficient setback at closest point to road, located at Broadwater Drive and Skunk Lane, Cutchogue, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1948 - 9:10 P.M. (E.D.S.T.) upon application of Joseph Sawicki, North Road, Southold, New York for a variance in accordance with the Zoning DDdinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: S/S North Road, Southold, bounded on the north by North (Middle) Road; east by J. Sawicki; south by F. Sawicki; west by R.O.W., W. Sawicki and others. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a copy of a survey. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOSEPH SAWICKI: I am here to speak for it. THE CHAIRMAN: What is the property you own... 300 feet on the easterly line? MR. SAWICKI: My house is east of it, and I own the next lot, to the south of it. It's 104 feet wide on the North Road and approximately 150 feet deep. Southold Town Board of Appeals -17- September 12, 1974 THE CHAIRMAN: How wide is the private road? MR. SAWICKI: 30 feet wide. THE CHAIRMAN: The only property that you have an interest in is this plot that is 300 feet deep and about 250 feet wide, and your house is on the northeast corner. On this original copy of the sketch there is a line drawn here (referring to sketch). I understand you plan to reserve this lot so if we act favorably on this I believe this would be included. These lots are about 35,000 sq. ft. in size. MR. HOWARD TERRY, Building Inspector: With the part that is being reserved. THE CHAIRMAN: This should be included in our action. We should include this lot. There are three lots now but you will only have two. MR. SAWICKI: There is the lot behind me and the lot be- tween my house and my brother's house. MR. TERRY: Theyyare talking about making a reservation on all of this. THE CHAIRMAN: You only want two lots. That would be possible. I don't think it would be possible to go to three lots. (The Board and Mr. Sawicki studied the map) MR. SAWICKI: (referring to map) This is my house and this is the lot I am interested in. THE CHAIRMAN: You can't get a third lot. MR. SAWICKI: My in-laws would live there. This is 150 feet deep, this is a small house. With me owning this they will have ample room to put a house back here. THE CHAIRMAN: (referring to sketch) If we grant this we would like to grant it right back to here. At the same time the action would combine these two lots. You would still be undersized. We can't divide property legally. We can divide a lot in two and can approve of things that the Planning Board has done. You are proposing to keep this for the future but you can't ever put more than one house on it. This will all be one plot. We don't have to necessarily tie this in. MR. SAWICKI: If I sell my house would that prohibit me from selling this lot? Southold Town Board of Appeals -18- September 12, 1974 THE CHAIRMAN: I am wondering, if y~u are selling it to a relative, whether you should not include this rather than to have this end sticking out. Maybe you would want us to postpone our decision until a later date. If you ever sell this house, this all goes with it. MR. SAWICKI: Can anyone build a house? THE CHAIRMAN: No. You have an undersized lot. MR. SAWICKI: These are all building lots. MR. TERRY: On the open lot on the west they have a preliminary for a major subdivision. MR. SAWICKI: That's my brother's property. My nephew built a house there. (referring to sketch) This is a building lot and this is a building lot, and I want a variance on this one. MR. ROBERT BERGEN: In other words, you want to divide the property you have here in half. _ THE CHAIRMAN: Someone has drawn lines on here. MR. SAWICKI: This is all farmland. This was subdivided in three lots. MR. TERRY: The Board of Appeals okay'~ the road and the Planning Board approved the rest as a subdivision. They are working on a major plan now. These three lots were approved. CHAIRMAN: He is speaking of dividing his lot. MR. SAWICKI: (referring to map) I have owned this for 22 years. Recently I bought this lot and this land from my brother~. I am trying to get a variance on this now. This ms my problem. THE CHAIRMAN: The effect will be to increase the number of residences that can be constructed which is contrary to the original conception of the Planning Board. They approved three. MR. SAWICKI: I want to leave it as it is, the whole lot. Southold Town Board of Appeals -19- September 12, 1974 THE CHAIRMAN: This is the way I understood it. I think I will have to check into the Planning Board's actions because we can't legally do this. In effect, if you retain this you are cutting the lot, that the Planning Board ~ave you, in half. MR. SAWICKI: No, it's going to remain as is. I just want to cut this in half. THE CHAIRMAN: I think we will have to postpone a decision. I would like to find out more about it. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 1948, Joseph Sawicki, North Road, Southold, New York, until 7:45 P.M., October 3, 1974. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1949 9:20 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Estate of Marie Vermaelin, 209 Blue Point Road, Oakdale, New York for a variance in accordance with the Zoning Ordinance, Section 280A Town Law and Article III, Section 100-30 and Bulk Schedule for permission to subdivide lots with insufficient width and unapproved access on two of the lots. LOcation of property: W/S Bay Avenue, Mattituck, New York, bounded on the north by George Snider; east by Bay Avenue; south by William Hillman; west by Dist. 11 Boundary: Calabrese, Lerron, McAdams, Switsavage, Clark and others. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -20- September 12, 1974 RICHARD LARK, ESQ: I am Richard Lark of Wickham & Lark representing the Estate of Marie Vermaelin. THE CHAIRMAN: A sketch accompanies the application indicating that the property consists of 4.644 acres. The applicant proposes four lots. Also, in the file is a letter from the Highway Department, as follows: September 12, 1974 The Appeals Board Southold, New York ~1971 Gentlemen: Re: Minor Subdivision of Marie H. Vermaelin "I would like to recommend that a drainage easement be put in the minor subdivision of Marie H. Vermaelin so that at a later date if the Town of Southold has a water condition on Marlene Drive, Mattituck, New York this drainage easement will be suitable to take care of the situation." RCD/esg /s/ Very truly yours, Raymond C. Dean Sup't of Highways THE CHAIRMAN: Also, in the file is a letter dated September 10, 1974 addressed to the Zoning Board of Appeals and signed by Louise S. Sawicki, as follows: "I am the owner of property on Marlene Lane that forms part of the western boundary of the land in the estate of Marie Vermaelin. I strongly urge you not to grant a variance for subdivision into any lots of insufficient width in this area. This would be detrimental to the appearance of this area and could adversely affect property values. Serious consideration should also be given to possible serious drainage problems that can be created by.development of the southeastern corner of this property. This area is at present considerably below grade, is ditched and drains under Bay Avenue into James Creek." MR. LARK: At the outset I would like to correct letter of the Building Inspector and, at the same time, introduce a letter sent to me by the Secretary of the Planning Board which approves a minor subdivision subject to approval by the Board of Appeals. The Building Inspector claims that Lots 3 and 4 have insufficient width. The Planning Board claims that Lot No. 1 has insufficient width. It does have an existing structure on it. Lot No. 3 will have 150 feet in width because the 10 foot easement has been worked out with the Town Highway Department so we can hook up as Mr. Dean Southold Town Board of Appeals -21- September 12, 1974 indicated. It is presently drained with an existing culvert on Bay Avenue. It runs out to a dredged canal. It crosses a Little League field. This design was by the Highway Superintendent because if there is drainage this gives him an escape route. He wants it for future use. We have to get approval for this proposed right of way even though it is 150 feet on both sides. So, there won't be insufficient width. (Copy of Planning Board letter added to file). THE CHAIRMAN: Can you get on to this property from Bay Avenue? MR. LARK: Yes, but it would not have sufficient frontage. Mr. Young laid it out so only one lot would have insufficient frontage, it would be 126 feet in width. This is the layout that was worked out. THE CHAIRMAN: The lots are plenty large enough. The only problem is width. MR. LARK: In order to grant a minor subdivision, the Planning Board wanted the approval of the Board of Appeals. THE CHAIRMAN: (referring to survey) How did you get 150 feet here? MR. LARK: On the ~roposed right of way. The Town will have an easement and provisions would have to be made for the driveway to conform to the easement. MR. ROBERT BERGEN: In other words, this driveway will take care of these two places. MR. LARK: It's 50 feet wide. THE CHAIRMAN: The elevation here is 6.4. MR. LARK: I did walk the property and back in here it · is suitable for building. THE CHAIRMAN: This might be considered, this proposed right of way. Could that be raised? MR. LARK: Mr. Dean proposed that if this were created he would put a drain in here. THE CHAIRMAN: There is a sort of gulley here. MR. LARK: It's a catch basin/ Initially, the Town Planning Board, when this was presented a year ago, wanted Southold Town Board of Appeals -22- September 12, 1974 to know if the Town of Southold would be interested in buying any of this but they said "no" but Mr. Dean said he would rather have an easement there. That's why the easement was worked out in this fashion. The actual pavement of the road is out here and he has no problem wiHh hooking it up with the existing culvert. THE CHAIRMAN.: Who laid this out? MR. LARK: The Planning Board by looking at the surround- ing neighborhood there. This is an Estate situation and there are four heirs Ho the Estate. KThe Planning Board originally thought it should be three lots but came back to four lots because of the size of the lots that are there today. THE CF2~IRF~N: Is there anyone present who wishes to speak against this application? MRS. GERTRUDE KOOP: What is the zonning regulation in regard to street frontage, and is the Zoning Board going to be satisfied by a driveway being street frontage? If this family had six heirs, would we have six lots? THE CHAIRMAN: If we were converting a Kansas wheat field none of these problems would pertain. The reason for the Board of Appeals is that planners can't lay out everything perfectly in a 300 year old community so it's not uncommon to vary street frontage. MRS.. KOOP: Is this what you consider a picture of Bay Avenue? I don't happen to own 50 feet of street frontage. I own 100 feet and it's 500 feet deep. I was surprised to find you can throw in a driveway. MR. ROBERT BERGEN: Your driveway is included in the width of your lot. MRS. KOOP: You don't have frontage on Bay Avenue on some of those lots. THE CHAIRMAN: I don't think this device is necessary; they proposed it this way. We have lots that are 2,000 feet long. MR. BERGEN: I think they realized that when they built on these two lots here. MRS. KOOP: Why could they not fill in that piece of property the same as the one across the street. Southold Town Board of Appeals -23- September 12, 1974 THE CHAIRMAN: I would hesitate to throw a shovelfull of dirt anywhere around the Town of Southold. This is the way it is presented. It looks like a good subdivision. MRS. ~OOP~R~ I think it is a natural preserve. MRS. FLORENCE MAHONEY: Tkat has always been wetlands and a marsh. I thought there was some new law. THE CHAIRMAN: That's correct but I don't think it applies. MR. WILLIAM HILLMAN: I have been in that woods many times. When tides are high it raises the water level. THE CHAIRMAN: I don't know anywhere it doesn't occur. MR. HILLMAN: It is salt water. It drops down three or four feet from the sidewalk. I don't see how they can build a house. If they were going to build a house it would have to be close to Marlene Drive. MRS. HILLMAN: May I see the plans please? MR. LARK: I think you could say that Lot No. 4 has 141 ft. The Planning Board thought it was best to cut a right of way in. THE CHAIRMAN: It seems to be a wide right of way. MRS. HILLMAN: Could you tell me where the access road is? (Mr. Lark showed the map to Mrs. Hillman). THE CHAIRMAN: There is a 50 foot right of way for two lots. MR. HOWARD TERRY, Building Inspector: I think this map should be sent to the Planning Board. They have not done their homework. You can't get 150 foot frontage. If you were to run that property line out to the street you would have two lots less than 150 feet wide. MRS. HILLMAN: The part that I am concerned with is that we could not drive in. We have a driveway that goes parallel to their property, about 4 or 5 feet to the line. Our driveway goes here, we had to fill in. We had to go to Mrs. Mahoney to get in here. I do not want any kind of road on this side of the lot. I know that if they want to put in a driveway, they will have to fill in quite a few feet. Either now, or mn the future, I do not ~ant any kind of right of way. Southold Town Board of Appeals -24- September 12, 1974 THE CHAIRMAN: I think it is beyond your province to tell these people where to put a driveway on their lot. MRS. HILLMAN: If the house were built, would it be back here? To me it seemed like a right of way. MR. LARK (referring to map) The actual pavement is over here. Mr. Dean walked the property. THE CHAIRMAN: You have the testimony of the Building Inspector indicating that this is improper. The easement should be 20 foot width according to the subdivision highway rules. MR. LARK: Mr. Dean and the Planning Board only want 10 feet. THE CHAIRMAN: Counsel is fairly familiar with this sort of thing. MR. HILL: I think the reason for dividing into four lots is that there are four heirs. MR. FRED HULSE: 40,000 sq. ft. is the minimum size lot today. You can have 150 ft. on the street and only go back 80 feet. THE CHAIRMAN: As far as density is concerned, this is beautiful. It con forms to the existing plan of the Town. MRS. HILL: On that lot that is next to me, is that one of the lots? THE CHAIRMAN: That would have almost 140 feet. MRS. HILL: Is that the lot that has a driveway? Can you build a house on that lot? THE CHAIRMAN: MRS. MAHONEY: THE CHAIRMAN: Yes. What about the wetlands? You are in the wrong place. MR. HILL: For 25 years we have been trying to buy thRt piece of property. Would I have trouble building a house on it if I did buy it? MR. LARK: As I understand it, there would be no problem. The well would conform to existing Health Department regulations. You would have to build a house on the westerly end of it. MRS. HILL: We have a cesspool there. Southold Town Board of Appeals -25- September 12, 1974 THE CHAIRMAN: Are there any other questions because I am going to have to postpone our decision to clarify just what the Planning Board's ideas are. MRS. GERTRUDE COOPER: Is it possible to get this information? THE CHAIRMAN: You can come in and look at the file. THE CHAIRMAN: Does anyone else wish to speak? (There was no response.) On motion by Mro Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 1949, Wickham & Lark, a/c Estate of Marie Vermaelin, until 7:55 P.M., October 3, 1974. Vote of the Board: Ayes:- Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1950 - 9:45 P.M. (E.D.S.T.) upon application of Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 and Bulk Schedule, and Section 280A of Town Law, to set off lot and access with insufficient length of road to give access to undersized lot. Location of property: Southerly end of Sunset Drive, Mattituck, bounded on the north by Lots 48 and 49, Sunset Knolls, Section II; east by S. Sledjeski; south by S. Sledjeski; west by Sunset Drive Extension. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a Map of Sunset Knolls subdivision indicating that the lot to be created would not be in the subdivision but is land of Sledjeski. THE CHAIP/~AN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -26- September 12, 1974 RICHARD LARK, ESQ.: I think the application speaks for itself. The applicant is under contract with the Town of Southold for Lot 25. This is contingent upon obtaining approval to subdivide. It got to be a complicated land ex- change problem because when Mr. Sledjeski sold out he had no land to deed for drainage problems so he was able to work out an arrangement with the present lot owner. In essence, this is a land exchange for the purpose of correcting a road drain- age problem. THE CHAIRMAN: In effect, it would be creating a 25,000 sq. ft. lot to replace the one he is giving to the Town. 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 set off lot and access with insufficient length of road to give access to undersized lot located on the southerly end of Sunset Drive, Mattituck. The findings sof the Board are that applicant wishes to transfer Lot 925 on "Map of Sunset Knolls, Sec. II" to the Town of Southold to provide a recharge area for the street water and wishes to utilize the premises as shown on the survey by Young & Young, dated March 27, 1974, as a building lot. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; ~and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York, be GRANTED permission to set off lot and access with insufficient length of road to give access to undersized lot located on the southerly end of Sunset Drive, Mattituck, as applied for, subject to the following condition: That in creating the new lot as described in the application the applicant shall deed to the Town of Southold, Lot 925. (This becomes a mortgage transfer and a deed transfer). Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. Southold Town Board of Appeals September 12, 1974 PUBLIC HEARING: Appeal No. 1951 9:55 P.M. (E.D.S.T.) upon application of R. G. Terry, Jr., Esq. a/c Estate of Clement B. Donahue, Main Road, Southold, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane & Middle Road, Southold, bounded on the north by Middle Road (CR 27); east by J. J. Donahue Estate; south by Z. Helinski; west by Tuckers Lane. Fee paid $15.00. The Chairman opened the hearinq by reading the applica- tion for a variance, legal notice o~ hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The file contains a copy of the Last Will and Testamsnt. Is there anyone present who wishes to speak for this application? R. G. TERRY, ESQ.: I am appearing for the executors of the Estate. In 1967, when Mr. Donahue was alive, he executed this Will in which he left the southerly 30 feet of his property to his niece, Marie Helinski. He thought she should have more property as her lot was an 80 foot lot. I tried to get him to convey it to her but he wanted to leave it in his Will. The property he had left was a full sized lot at that time. The remaining plot would conform to the character of the neighborhood. On the other side of the Helinski property there is a lot with 135 foot frontage. Across the street is the old Booth property, a one family residence. It's a residential plot similar in size to this. Across the street there is a lot 140' x 250' On the Lane, I believe there are some houses on half acre plots. I don't feel that this would violate the provisions of the Zoning Ordinance. MR. ROBERT BERGEN: It's a case of making two lots more equal in size. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any questions? (There was no response.) Southold Town Board of Appeals -28- September 12, 1974 After investigation and inspection the Board finds that applicant requests Permission to divide property with insufficient width and area located at Tuckers Lane and Middle Road, Southold. The findings of the Board are that granting this appeal will not change the charac- ter or density 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 hardship; the hardship created is unique and would not be shared by all p~operties alike in the i~ediate vi6inity of this property and.in the same use district; and the variance w~l~ no~ change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED, R. G. Terry, Jr., Esq. a/c Estate of Clement B. Donahue, Main Road, Southold, be GRANTED permission to divide property with insufficient width and area at Tuckers Lane & Middle Road, S~uthold, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1952 - 10:05 P.M. (E.D.S.T.) upon application of Herbert and Ruth Rosenberg, Town Harbor Lane and Terry Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to separate out single lot. Location of property: Lot Nos. 17, 18, 19. Map of J. Overton, Southold, New York. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -29- September 12, 1974 After investigation and inspection the Board finds that applicant requests permission to separate out single lot, Lot No. 17, Map of J. Overton, Southold, New York. The findings of the Board are that there is a series of 50 foot wide lots in the immediate vicinity of applicant's property. Some of the lots have dwellings on single 50 foot lots and some have dwellings on.two 50 foot lots. This property was bought in 1948 and consists of Lots 17, 18 and 19. all of which are the deepest in the development. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Herbert and Ruth Rosenberg, Town Harbor Lane and Terry Lane, Southold, New York be' GRANTED permission to separate out single lot, located at Town Harbor Lane & Terry Lane, Map of J. Overton, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1953 10:15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 Hunter Road, Manchester, Connecticut, for approval of access, Section 280A Town Law, Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on the north by Private Right of Way (Crescent Avenue Extension); east by H. Zabohonski (H. Walsh); south by H. Zabahonski (Walsh); west by P. Nitze. Fee paid $15.00. - The Chairman opened the hearing by readinq 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: Is there anyone present who wishes to speak for this application. MR. THOMAS DUFF: I am here to speak for it. THE CHAI~4AN: We drove down to look at it as far as this point(referring to pictures of the property). Southold Town Board of Appeals September 12, 1974 THE CHAIRMAN: Do you want to add anything to what has been stated in the application? MR. SERGE DOYEN: Since then there has been quite a bit of bulldozing. MR. DUFF: There was a 10 foot road from the paved road up to our lot. THE CHAIRMAN: That's just the part that w~s cleared. MR. DUFF: I can show you what it was like. THE CHAIRMAN: We were there.) MR. HOWARD TERRY, Building Inspector: It's not before the Planning Board now as it was withdrawn. MR. DUFF: I wanted to find out if that needed an easement to go across that property. Corwin & Glickman did not put anything in the papers that shows a right of way. THE CHAIRMAN: We are talking about two different things. You bought the lot from Walsh and the Building Inspector stopped you because you don't have approved access to this. ' That's a function of this Board or the Planning Board. It was withdrawn.from the Planning Board. You have bought a lot, how do you get to your lot? Do you have something described in your Deed or survey? MR. DUFF: This is what I do not know as far as this private right of way is concerned. In our State if you have a private right of way that has been used, you auto- matically have it. It becomes a private right of way with public use. The only ones who have the use of it are the ones who have used it regularly. THE CHAIRMAN: We are sympathetic to your problem but I don't know how we can act without knowing where your access is. MR. DUFF: When I went to the Planning Board they dis- approved the subdivision. We-figured we had our lot and could go ahead and build. I understand that Mr. Zabohonski has done some things that nobody likes. Mr. Zabohonski's lawyer says he will have him widen the road. I talked to my lawyer this week and he says this is really a private right of way. I asked my Connecticut lawyer if I should get a New York lawyer. He said "no". Southold To~ Board of Appeals -31- September 12, 1974 MR. SERGE DOYEN: The one that's used. road. Who owns the extension of the road? This is the beginning of the private MR. TERRY: This is where the road stops. MR. DOYEN: So, then, Walsh owns the right of way. MR. DUFF: Does he actually still own that road? MR. TERRY: He claims ito MR. DOYEN: He owes you a right of way, somehow or other, if he owns it. MR. TERRY: I wish you and your wife had called here before you bought. MR. DUFF: I did call about July of 1973. H was trusting the builder, right? MR. DOYEN: That was always a right of way, Henry WatCh could not do away with that right of way because the original owners had a right of way over that. Maybe that's another road that's floating Tike'two-thirds of all the roads on Fishers Island. There may be no real Deed to anybody. It may be one of their Town roads that are floating without owner= ship where the Town maintains but doesn't own title to them. This one, they don't maintain. MR. TERRY: When Mr. Nitze built up here this was a good gravel road. In front of Wyckoff's and Ferguson's it was blacktop. The gravel road was approved by the Planning Board; it was in good condition. Since Henry started grading, you can't find the ro~d. When Nitze built, this was a good road. His approved access was over here (referring to map). Now they go across the lots. MRS. DUFF: His lawyer said he would fix it. THE CHAIRMAN: Our job is to relieve hardship but, in this case, where do we place the right of way? It would be easy to look at this map and grant you access but how do we describe it subject to your obtaining a right of way to your property? MR. DOYEN: If Henry had a right of way, even if he didn't own it, he could transfer it to you. Chances are good that he had a right of way. Southold Town Board of Appeals -32- September 12, 1974 The Chairman read letter received from John Wickham, Chairman of the Planning Board, dated September 5, 1974, as follows: "The Planning Board would like to bring to the attention of the Appeals Board the fact that Henry Zabohonski (Walsh) has withdrawn his proposed subdivision on Fishers Island and that Mr. Duff, the present owner of former lot ~25 on that proposed subdivision, has met with this Board in an effort to obtain a building permit on this parcel. Stanley Corwin, Esq. also attended our meeting and informed this Board that Mr. Zabohonski had informed him that he would meet the requirements of Section 280A of the Town Law. He also informed us that Mr. Zabohonski is interested in presenting a multiple residence petition on this property. This Board feels that in accordance with past practice a "casual sale" can be granted a building permit if access is acceptable. Access in this case is not acceptable and I enclose copies of letter from Superintendent of Highways on this subject. Beyond this it would appear to me that this "casual" sale is open to question since Zabohonski has stated his intention of making a multiple residence petition. It would seem to us that a twenty foot crushed stone base plus paving as suggested by our engineers would be a reasonable condition under these special circumstances." Excerpt from Planning Board Minutes dated August 26, 1974: "Henry Walsh subdivision. Mr. and Mrs. Duff and Stanley S. Corwin, Esq. appeared. Mr. Wickham: We have two ways of handling this. Mr. Duff told me he feels he has had some financial suffering through no fault of his own. I point out there are a couple of ways this could be handled. One is to have this subdivision presented and give preliminary approval upon which we can allow the Building Inspector to issue one building permit. Another way to handle it is as a casual sale but casual sale as interpreted by our attorney is one sale in approxi- mately three years and this would preclude the possibility of a subdivision like this or anything else for another three years. In a subdivision before it is finally approved there would be a bond posted for satisfactory performance of putting in streets, etc. It would not be required that this access be improved at this time. In a casual sale the Building Inspector is in his right to withhold a permit until the access is improved." Southold Town Board of Appeals -33- September 12, 1974 Letter received from Mr. Raymond C. Dean, Superintendent of Highways, dated August 29, 1974. "My recommendations on the requirements for extending Crescent Avenue, Fishers Island, New York are that the Town will not be held responsible for any maintenance on this extension and that it must conform with the Town of Southold Highway Specific&tions." THE CHAIRMAN: T he only person who can interpret "casual sales,' is the State Attorney's office. I should think that if Mr. Corwin drew up the contract that it would be through Mr. Corwin that you would get your right of way. (Mr. Duff showed contract to the Board). THE CHAIRMAN: T here must have been access to this property. MR. HOWARD TERRY: On chain of title, you could go to the Supreme CoUrt. THE CHAIRMAN: I think it's up to the man who sold it to you. That's where you have to go for access. MR. DUFF: What if that property doesn't belong to him? THE CHAIRMAN: Presumably he had a right of way into this property. I am wondering if we could act tonight providing you submit evidence that you ha~e obtained a right of way. Our action would be conditioned on furnishing evidence where your right of way is going to be. A right of way would have to be improved to your property at least 15 feet wide. Maybe it has already been done. MR. TERRY: Larry Tuthill, our engineer, spent the day over there and he told Zabohonski (Walsh) what the TTown would require and Zabohonski said he would not do it. Brush is supposed to be all cleared back, the road to be paved with crushed stone for a width of 20 feet. THE CHAIRMAN: With all the rights of way we have approved I do not like to be put in the position of having to require crushed stone for 20 feet. MR. TERRY: They can be required to put in concrete or blacktop. (Mr. Terry read the requirements from the Ordinance). THE CHAIRMAN: Mr. Walsh has withdrawn his subdivision so we can't put any restrictions on what~ product is used. Southold Town Board of Appeals -34- September 12, 1974 The mere fact that Mr. Duff does not have access to his property is considered a unique and unusual hardship. This Board would impose reasonable conditions, t don't think we would want to require a concrete road of 20 or 25 feet. I think it would be very hard to sustain this. It!s absurd for us to put conditions in based on its becoming a subdivision. The only thing we can do is act subject to the right of way from the end of Crescent Beach Road. MR. DUFF: You would approve it if we get a right of way from Mr. Walsh? MR. TERRY: They don't have decent~bank-run there on Fishers Island. Crushed stone is the only thing they have. Their new fire trucks are between 20 and 30 tons so you have to have a decent road for entrance and exit for emergency vehicles. MR. DUFF: Have you ever looked at some of those roads that fire trucks go on? MR. DOYEN: It was always marshy there. If a fire truck can't get to your house then you would wish it had been done properly originally. However, as the Chairman has stated he doesn't want to require any more from you than from anyone else. MR. TERRY: One of Larry's comments is that the drain has to be protected. L~tter from Mr. Lawrence Tuthitl, Engineer, dated August 29, 1974 to Mr. Raymond Dean, Superintendent of Highways: "On August 26 I inspected the road on Crescent Avenue on Fishers Island with Mr. Alfred Grebe from the Parsons property (the end of the Town maintained roadway) to Lot 25 of the proposed subdivision of Mr. Walsh, with a total length of approx. 375'. Due to the construction of a home by Mr. Thomas Duff, Jr. on Lot 25 it is recommended that this section be improved by the developer as follows: 1. From the easterly line of Lot 25 to the end of the paved section in front of the Parsons property, the land be cleared the full width of the right of way. 2. That the road be paved with crushed stone for a width of 20 feet. 3. That care be taken in the vicinity of an existing 8" drain under the road near the Parsons property." Southold Town Board of Appeals -35- September 12, 1974 THE CHAIRMAN: I think this would apply to Walsh. His lawyer said he would improve it. I'm afraid we might be getting into a function this Board does not have. MR. DUFF: As I understand it, as long as we can get a right of way you will approve it, so I think that's the way it should be left. I think I should have a right of way on my Deed. THE CHAIRMAN: Let me convey the problem to Town Counsel again. We can act quickly. MR. DUFF: Next week I have a house ready to be shipped. Dick got a letter from the Health Department saying you have Health Department approval. MR. TERRY: We don't have it. We sent all the papers to Riverhead but haven't heard from them. We gave Dick's telephone number to them. There are three forms and we have to have one of them. I suggest you call Bob Villa. THE CHAIRMAN: The Building Inspector can't issue a Building Permit until you have a right of way. 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 approval of access to property located on North Hill (private road), Crescent Avenue Extension, Fishers Island, New York. The findings of the Board are that applicant purchased a building lot beyond the Town road maintenance of Crescent Avenue and does not have proof of approved access to this lot. Access is not described in his Deed. The Board agrees with the reasoning of the applicant subject to conditions. 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 chan~e the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -36- September 12, 1974 On motion by Mr. Gillisple, seconded by Mr. Bergen, it was RESOLVED, Thomas D. Duff, Jr., 34 Hunters Road, Manchester, Connecticut, be GRANTED approval of access from the end of the Town maintained highway westerly to Lot No. 25, being the lot of Thomas D. Duff, Jr., with a total length of approxi- mately 375 feet, and from the easterly line of Lot 25 to the end of the Town maintained road, as per preliminary plan of subdivision for Henry Walsh by Chandler, Palmer & King, dated October 1973 and revised March 6, 1974 - application withdrawn. This approval is granted subject to the following conditions: A condition of approving this access is that the applicant furnish us with legal evidence that he has a right of way to his property over the route of the approved access. A further condition is that the access shall be approved by the Building Inspector prior to issuance of a C.O. That the road be cleared to the full 50 foot width of the roadbed, and be paved with crushed stone to a width of 15 feet minimum although 20 feet would be preferable. 4. That care be taken in the vicinity of the 8" drain not to destroy the foundation of the drain. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. Southold Town Board of Appeals -37- September 12, 1974 Mr. Philip Babcock had a discussion with the Board with regard to Appeal No. 1931, Catherine Drake. This Appeal was acted on by the Board on August 1st. It was granted subject to the ~ondition that the antenna mast shall be no higher than 5Q feet from ground level, and shall be located no closer than 10 feet to any sideyard or property line. Also, it was subject to condition that the antenna mast shall be located in the southeast portion of the property. It shall not be located in the southwest portion as applied for. MR. BABCOCK: There is a considerable difference in elevation between the southeast corner and the southwest corner. The man who wants to put the tower up tells us that you have to have 50 feet to get reception. If you move it down you will take 7 or 8 feet off the top of the tower. It would not be in an area of high traffic, it would be screened by trees. Would you let us move it to the southwest corner? THE CHAIRMAN: Our attorney tells us you can go to 55 feet. This request was only for 50 feet. MR. BABCOCK: This house is looking over the creek. The tower will be right in the middle of the picture window. If you give 55 feet that's all the better. Every loss of a foot or two makes a difference. The Town controls Cablevision4 We wanted Cablevision. Trenches would not be paid for by Cablevision. They did not want to do it. Why don't we suggest to Cablevision that they take advantage of the trenches of LILCO and others. In some Towns they make them go in the existing trenches but Cablevision here doesn't feel that way. I think the Town should try to eleiminate this problem. Mr. Drake would pay for the cost of bringing Cablevision down to his place. THE CHAIRMAN: I think we could go 55 feet but as far as the tower is concerned, we are considering the neighbors on the golf course. We have 275 members. If anybody has to look at this tower it might as well be the owners. We are talking about 300 or 400 people who play golf. A lot of them have already mentioned that they would object to a tower being located toward the Club. MR. BABCOCK: It fortunately has quite a few trees. real reason for the request is that you can't get decent television reception there. The THE CHAIRMAN: The reason for our action was because of the golfers. If the tower is going to fall there is no point in having it fall on Club property. You can go up another 5 feet. Southold Town Board of Appeals -38- September 12, 1974 THE CHAIRMAN: I would prefer to see this antenna mast attached to his house. MR. BABCOCK: Can it be anywhere on his property as long as it's attached to the house? THE CHAIRMAN: Yes. ANNUAL ESTIMATE SUBMITTED BY THE BOARD OF APPEALS TOWN OF SOUTHOLD For fiscal year beginning January 1, 1975 EXPENDITURES: Secretarial assistance (Mrs. McDermott) ................... Stationery, Form Printing, and Postage .................... Library & Subscription to Zoning Bulletins ................ Advertising of Legal Notices .............................. Telephone ................................................. Travel expenses divided as follows: 1. Estimated expense for three members of the Board to attend Association of ToWns meeting in New York in February ........... $500.00 2.Estimated expense of Mr. Doyen, Board member from Fishers Island, for attendance of Board meetings in Southold .............. 800.00 3. Estimated travel expense of the Board to Fishers Island ........... 250.00 TOTAL ESTIMATED TRAVEL EXPENSE ............................ REMUNERATION OF Board of Appeals: Four (4) members at $2,800 ...... 11,200.00 Chairman at $3,500 .............. 3,500.00 Estimated Expense Legal Counsel- (defense five cases) TOTAL ESTIMATED EXPENSE OF THE BOARD OF APPEALS TOTAL ESTIMATED INCOME FROM APPEAL APPLICATIONS TOTAL ANNUAL ESTIMATE .................................... $6,500.00 1,000.00 350.00 4,500.00 600.00 1,550.00 14,700.00 5,000.00 $34,200.00 3,000.00 $31,200.00 DATED: September 12, 1974 Respectfully submitted, /s/ Robert W. Gillispie, Jr. Chairman, SouthOld Town Board of Appeals Southold Town Board of Appeals -39- September 12, 1974 On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals authorize the Chairman to sign the Annual Estimate submitted by the Board of Appeals for the fiscal year beginning January 1, 1975. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be h~ld at 7:30 P.M., Thursday, October 3, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, Seven (7) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, that the Southold Town Board of Appeals set8:10 P.M. (E.~.S.T.), October 3, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Reginald Hudson a/c Brody and 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. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Doyen. Southold Town Board of Appeals -40- September 12, 1974 On motion by Mr. Gill~spie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:25 P.M. (E.D.S.T.) , October 3, 1974, at the Town Office, Main Road, Southold, N. Y. as the time and place of hearing 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. On motion by Mr. Hulse, seconded by Mr. DOyen, it was RESOLVED that the Southold Town Board of Appeals set 8:35 P.M. (E.D.S.T.), October 3, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Lefferts P. Edson, Main Road, Southold, N. ¥. 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 land of applicant; on the east by R. Asselta; on the south by Main Road; on the west by Estelle McCallum. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:45 P.M. (E.D.S.T.), October 3, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon applica- tion of Mr. and Mrs. Robert Goldense, 5330 New Suffolk Road, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, ~rticle III, Section 100-30 and Bulk Schedule for permission to construct addition on dwelling which will reduce existing setback ~ine~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, Jr.; on the west by A. Rysko. Vote of the Board: Doyen. Ayes:- Messrs: Gillispie, Bergen, Hulse, Southold Town Board of Appeals -41- September 12, 1974 On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M. (E.D.S.T.), October 3, 1974, a% the Town Office, M~in Road, Southold, NeW York, as the time and place of hearing upon apPlication of Thomas A. Duffey, President, T.A.D. Auto Sales, Inc., Main Road, Mattltuck,.New York, for a special exception in accordance With the Zoning Ordinance, Article VII, Section 100,70 B.4 for permission to 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. Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Bergen, Doyen. The meeting was adjourned at 12:45 A.M. Respectfully submitted, , ' ' ~"1' !~ /' (/ Marjorie McDermott, Secretary C~ha~m~n k3o8~'o'- OT appea~ ,~ R. W. Gillispie, Jr., Chairman