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HomeMy WebLinkAboutZBA-08/22/1974 APPEAL BOARD MEMBER Robert W. Gillispi¢, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, ,Jr. Southold Town oard o£Appeals SOUTHOLD, L. I., N.Y. 11971 Telephone 765-2660 MINUTES Southold Town Board of Appeals August 22, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, August 22, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen, Charles Grigonis, Jr.; Fred Hulse, Jr. Absent: Mr. Serge Doyen, Jr. The Board discussed request made by Mr. Andrew Goodale for a rehearing on Appeal No. 1933, Action of the Board dated August 1, 1974, on application of Harvey Bagshaw. The Chairman dictated the following letter to the secretary: "Dear Mr. Goodale: The Board and counsel considered your request for a rehearing on Action No. 1933 of August 1, 1974, on application of Harvey Bagshaw, and rejected the suggestion to hold a rehearing. The Board feels that Action No. 1933 will not sub- stantially alter the character of the neighborhood, and %hat a fair public hearing was held. Yours very truly, /s/ Robert W. Gillispie, Jr. Chairman" Southold Town Board of Appeals -2- August 22, 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 1, 1974 be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1936 - 7:40 P.M. (E.D.S.T.), upon application of Bouton Services, Inc., Crescent & Fox Avenue~, Fishers Island, New York a/c William D. Gaillard, Jr., Bell Hill Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C and Bulk Schedule for permission to construct accessory building in side yard area. Location of property: W/S Bell Hill Avenue, Fishers Island, N. Y., bounded on the north by Carter; east by Bell Hill Avenue; south by J. P. Gaillard; west by J. P. Gaillard. 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? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: The applicant proposes to have a two car garage. The sketch indicates that the proposed garage will be 35 feet from Bell Hill Avenue, 72 feet from the applicant's residence which is approximately 32 feet from Bell Hill Avenue. Because of the terrain it would be extremely difficult to con- struct a garage in the rear yard. THE CHAIRMAN: Are there any questions? MR. ROBERT BERGEN: The garage should be located so that the applicant doesn't back out on to the highway. Southold Town Board of Appeals -3- August 22, 1974 After investigation and inspection the Board finds that applicant requests permission to construct accessory building in side yard area on the west side of Bell H~ll Avenue, Fishers Island, New York. The findings of the Board are that applicant has a steep hill directly to the rear on what would normally be the rear yard. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary ~ardship; 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, Bouton Services, Inc., Crescent & Fox Avenues, Fishers Island, New York, be GRANTED permission to construct accessory building in side yard area on the west side of Bell Hill Avenue, Fishers Island, New York, as applied for, subject to the following conditions: That the proposed accessory two Gar garage shall be located no closer than 10 feet to any side yard, and no closer than 35 feet to Bell Hill Avenue. That the garage doors on this two car garage shall open in a manner which permits applicant to turn around on his own property before approaching Bell Hill Avenue. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING:~Appeal No. 1937 - 7:50 P.M. (E.D.S.T.) upon application of Charlotte O'Keefe, P. O. Box 1175, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off dwelling on small lot with insufficient side yard. Location of property: S/W Deep Hole Drive, Mattituck, bounded on the north by C. Ruttan; east by Deep Hole Drive; south by M. Nash; west by Deep Hole Creek. Fee paid $15.00. Southold Town Board of Appeals -4- August 2~, 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 survey accompanying the application indicates that there were apparently three 50 foot lots. The angle at which the creek approaches the lot gives mo~e creek frontage than road frontage. The three lots total 150 feet on the road. 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). After investigation and inspection the Board finds that applicant requests permission to set off ~elling on small lot with insufficient side yard on the southwest Side of Deep Hole Drive, Mattituck. The findings of the Board are that in granting this variance, to divide this property the Board is recognizing an existing situation which will 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 hardship; the hardship created is unique and would not be shared by all p~operties 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. Beraen~ seconde~ by Mr. Griqonis, it was RESOLVED, Charlotte O'Keefe, Deep Hole Drive, Mattituck, New York, be GRANTED permission to set off dwelling on small lot with insufficient side yard on the southwest side of Deep Hole Drive, Mattituck, as applied for , subject to the following condition: That the sideyards affecting the cottage shall not be diminished in the future. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -5- August 22, 1974 PUBLIC HEARING: Appeal No. 1938 - 8:05 P.M. (E.D.S.T.) upon application of James & Constance Pim, New Suffolk and Reeve Avenues, Mattituck, N. Y. ~or a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C for permission to construct accessory building in legal front yard area. Location of property: Reeve and New Suffolk Avenues, Mattituck, New York bounded on the north by Brooklyn Diocese; east by Reeve Avenue; south by New Suffolk Avenue; west by L. Reeve. 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 sketch indicates that the applicant has two front yards, one on Reeve Avenue and one on New Suffolk Avenue. The applicant has restored an old building, 12' x 11' which is 8 feet from the westerly side yard and 45 feet from New Suffolk Avenue. It is 23 feet south of the main mesidence. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JAMES PIM: I am here to speak for the application. I believe the application is self=explanatory but perhaps a little more information might make it clearer. The map from 1858 shows the house located here (indiCating sketch) and labelled "Reeve Avenue" The map from 18~5 shows the same thing, New Suffolk Avenue still did not exist. The main road used to pass south of the lake. In the early 1700s they cut through north of the lake and a loop remained. We don't know when the house was built but it was some time in the 1700s. THE CHAIRMAN: Are you relating to historical aspects? MR. PIM: As well as orientating the house on the property. THE CHAIRMAN: There are many houses in Town that are one hundred or more years of age and many are perhaps situated in similar difficulties. The reason for this Board is to try to adapt the zoning to historical situations but, in the past, we have not granted this type of thing for aesthetic or historical reasons. You are requesting that the tool house be put in the front yard. Southold Town Board of Appeals -6- August 22, 1974 MRS. CONSTANCE PIM: The main front door of the house, which is impressive, is not on New Suffolk Avenue and where the zoning would require us to put an auxiliary building would be in front of our front door. It has always been our front yard. THE CHAIRMAN: The legal front yard is the area between the house and street. You have t~o front yards. We can't limit it to where the doors are. MRS. PIM: The piece of property which has always been used for backyard purposes is here where the garden is. If we put the outbuilding here (indicating sketch) there are no large trees here at all and the outbuilding is much more visible. THE CHAIRMAN: I think you could set the building in the extreme corner. MRS. PIM: This is where our garage was. MR. PIM: That's the only place where we could put a ~arage. MRS. PIM: In order to use the tools, it's an inconvenience to go all the way around the house. THE CHAIRMAN: I think this would have to be regarded as personal hardship and not topographical hardship. We can not grant for personal hardship. This placement of an accessory building in the front yard where you have a rear yard can not be supported. MRS. PIM: When we were digging up our garden we came upon a former accessory building so this is where it used to be. THE CHAIRMAN: Accessory buildings in inconvenient lo- cations are really not zoning hardships. MRS. PIM: Why does the application ask what hardship it would cause the applicant? THE CHAIRMAN: It means unusual hardship, unique hardship. This can't be considered unique because you do have a rear yard. If you had no rear yard it would be unique, we had one on Fishers Island where there was no backyard, just a steep hill. The applicant wanted to put the accessory building in the side yard. Most people regard the water, when they have waterfront property, as the front of the house. The tendendancy is to put all buildings on the street front. We are trying to be as courteous as possible and explain this to you. Southold Town Board of Appeals -7- August 22, 1974 MRS. PIM: Our neighbor is the only person Who would be able to see this accessory building. THE CHAIRMAN: It still is not acceptable unless there is some other hardship. MR. PIM: It is, in fact, screened. We do not want to put a building in the actual front yard and we are trying to make the house the same character. THE CHAIRMAN: This is a hard situation to explain. We have had people say they do not want to put a garage in the backyard because there will be a lot of snow to shovel. That would not be a unique hardship. Nor would the fact that this is of historical character. MRS. PIM: Even so, it's 45 feet from the road. It's not close. MR. PIM: To make the lot look right, we would have to turn the house around. MRS. PIM: Don't you make any allowances for restoring or restitution? CHAIRMAN: That does not necessarily give you permission to change the precepts or purposes of the Zoninq Ordinance. As far as. aesthetics are concerned, we have no power. There are some communities which have architectural review boards but we don't have that here. I would have to vote against this but I think you have made a beautiful presentation. In cases where we have allowed out buildings in the front yard, the applicants have had no rear yard. MRS. PIM: What if we already had a garage. I mean a place on our lot where a garage could be. MR. ROBERT BERGEN: You wou~d still have to' have it in the backyard. MRS. PIM: Doesn't ~ttmatter how a piece of land was used for 200 years? THE CHAIRMAN: Are you going to move your house? MRS. PIM: When we move our house, do we have to have a permit? Southold ToWn Board of Appeals -8- August 22, 1974 THE CHAIRMAN: Mr. Terry, the Building Inspector, has denied the present location. You will have to ask Mr. Terry about that. 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 accessory building in legal front yard area of property located at Reeve and New Suffolk Avenues, Mattituck. The findings of the Board are that applicant does have a rear yard which could be used for locating an accessory building. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, James & Constance Pim, New Suffolk and Reeve Avenues, Mattituck, be DENIED permission to construct accessory building in legal front yard area, as applied for, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1939 8:15 P.M. (E.D.S.T.) upon application of Edward & Gloria Praetz, North Road and Beverly Road, $outhold, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback in front yard on Private Road. Location of property: North Road (CR 27) & Beverly Road, Southold, bounded on the north by North Road (CR 27); east by Brady; south by Gisaitis; west by Beverly Road (Pvt. Rd.). Fee paid $15.00. Southold Town Board of Appeals -9- August 22, 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 applicant's plot is 50 feet on CR 27, 50 feet on Old Cove Road, with approximately 90 feet in depth. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. EDWARD PRAETZ: (Mr. Praetz showed pictures to the Board). We are building out to the side, north of the cellar door. This is a front view and it will be straight across. Beverly Road is a private road. We are putting in a fireplace. THE CHAIRMAN: I think, personally, that the Board would be justified in granting you a 50% reduction. What is the sideyard? MR. PRAETZ: Approximately 16 feet without the addition. THE CHAIRMAN: The Building Inspector indicated 7 1/2 feet plus or minus after the addition has been put on. , MR. ROBERT BERGEN: How far out is the cellar door? MR. PRAETZ: 5 or 6 feet. I would not interfere with the cellar door at all. THE CHAIRMAN: This was an undersized lot even when the original zoning went in. tf you have 16 feet there, I would say we could halve it. Under the previous Ordinance the Building Inspector could do that. I did not realize that you had 16 feet there. MR. FRED HULSE, JR.: How many feet do you have on the other side? MR. PRAETZ: Five and a half feet. MR. ROBERT BERGEN: You should be no closer than 5 feet to the property line. Be sure and check where the property line is. MR. PRAETZ: It has recently been surveyed. Southold Town Board of Appeals -10- August 22, 1974 THE CHAIRMAN: We inspected your property with Mr. Terry. 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? DR. WILLIAM H. FIEDLER: I am representing my daughter who lives next door. She is the next door neighbor on the east side on the road. THE CHAIRMAN: (referring to sketch) This is your place over here? MR. BERGEN: Is that the pink house? DR. FIEDLER: I own the white house next door to the pink house. I am objecting without knowing what I am objecting to. I do know it is a corner lot and there is a 20 foot ~oad. I know that this house got a variance to build because it was lined up with our house. Coming from S~uthold and turning into Beverly Road, we would have a clear view, but coming from Greenport there would be an obstruction. On the west side Mr. Praetz's house faces Beverly Road and when you come from Greenport that extension will obstruct the view coming into Beverly Road. My daughter had an accident there. I am not talking about North Road, I am talking about your exten- sion. MR. PRAETZ: That's a patio with an awning. DR. FIEDLER: So, that's an extension because it's covered. It's not just a sidewalk. MR. PRAETZ: We are back from the road 30 feet. DR, FIEDLER: (referring to survey.) This is 16 feet from here to here which is the east side of Beverly Road. Now, you are going to come out 8 feet. Assuming this is the North Road, coming from Greenport, if a car were parked here and I came from Greenport I could look in front of that car. With this extension I would have to come clear to get a view. I am talking about visibility° THE CHAIRMAN: You are saying that if anyone parked a car there it would be a hazard. That is not something we could decide on. Southold Town Board sof Appeals -11- August 22, 1974 THE CHAIRMAN: It appears that this is 15 feet to the property line (referring to map) which would lend support, Mr. Praetz, to your view that this is 16 feet here. MR. PRAETZ: I don't know what is entering into this. I own 10 feet back here and a relative of mine was parked over here on this road° DR. FIEDLER: Her car was parked on Beverly Road. MR. PRAETZ: A relative from Maine was parked on Old Cove Boulevard. Ten feet of it is mine. My car and my brother-in-law,s car (referring to map) were here. DR.,FIEDLER: My daughter came through here and hit this car. THE CHAIRMAN: I don't think this has anything to do with this application. MR. PRAETZ: This is a wide open view here but my relative was hit by Dr. Fiedler's car. DR. FIHDLER: She did not see this car (referring to map) because this car was parked here. THE CHAIRMAN: This is not relevant to this case. DR. FIEDLER: If a car is parked here and he has an eight foot extension the view will be blocked. Beverly Road is 20 feet wide and the building would reduce the space. THE CHAIRMAN: I don't think the Board can resolve parking problems. DR. FIEDLER: We are talking about visibility on a corner lot. THE CHAIRMAN: You are talking about where somebody leaves a car on a private road. DR. FIEDLER: Zoning calls for visibility on an angle. THE CHAIRMAN: I don't know of any house that is not in violation somewhere. FRED HULSE, JR.: Was there a variance on this some time in the past? Southold Town Board of Appeals -12- August 22, 1974 THE CHAIRMAN: I think we will have to check the records as to what variance there might have been in the past. We had a lot of discussions with Mr. Hass about this property. It could be that when this house was built there could be no diminution of sideyards. We will postpone decision on this until September 12th at 7:30 P.M.i In the meantime we will check the records on the original variance, if there is one, under which this house was built. on motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals POSTPONE decision on Appeal No. 1939, Edward & Gloria Praetz, until 7:30 P.M., September 12, 1974. ~ Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1940 - 8:25 P.M. (E.D.S.T.), upon application of Gary Planner Olsen, Main Road, Mattituck, New York a/c Zdzislaw Mikolajczyk, 2 Johns Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 & Article XI, Section 100-112 and Bulk Schedule for permission to convert existing building (non-conforming business building) with insufficient side and rear yards and insufficient parking for proposed use. Location of property: N/W side Main Road, Mattituck, New York, bounded north by Cemetery; east by Main Road; south by M. Nine; west by Cemetery. 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? GARY OLSEN, ESQ.: I am the attorney for the applicant. Sketch No. 3 I would like to submit as first choice. THE CHAIRMAN: Sketch No. 3 indicates three professional offices, Sketch No. 2 and Sketch No. 1 indicate two pro- fessional offices. All three plans have the same entrance which, I presume, is to the east. MR. OLSEN: The main entrance is on the east side and there is another entrance on the south side of the building. Southold Town Board of Appeals -13- August 22, 1974 THE CHAIRMAN: The sketch of the property indicates the depth is 115 feet, the width is 40 feet, there is 2 feet 7 inches on the northerly side yard and 3 feet on the southerly side yard. The property slopes substantially from east to west upward. The front yard setback on one side is 44 feet and on the other side it's 49 feet. MR. OLSEN: As you are ~are, this is a telephone sub- station building located in Mattituck. The survey attached to the application indicates it is a small piece of property. My client would like to operate the building as an optician's shop and would like to have two other offices, either used by himself or rented out. He has no particular tenants in mind. He would like to make the little building into a small professional building. It was constructed many years ago so it is impossible to meet present zoning as far as setbacks are concerned. As far as parking is concerned, this property is raised quite a bit above Main Road. The front yard is reduced somewhat because of the sidewalk--as well as a retaining wall with steps that go up. To try to get parking in front is very impractical plus, from a strictly safety point of view, this is on a curve. I think it would be safer to have cars parked in front like at the Presbyterian Church and the Barber Shop up the road. The parking there seems to work out well. MR. ROBERT BERGEN: Before zoning went into effect the Barber Shop was there. MR. OLSEN: This is zoned for Business and the building would adapt itself to a professional office. THE CHAIRMAN: I don't think there is any way this Board could permift more than one professional office with no parking. What is the adjacent property to the south? MR. OLSEN: That's Mrs. Nine's home. THE CHAIRMAN: There is no parking in the back either. MR. STANLEY WAIMEY: The cemetery owns that. THE CHAIRMAN: Among other things, this application would also have to go to the County Planning Commission and they reject anything that doesn't provide offstreet parking. MR. ROBERT BERGEN: It's a State road. Southold Town Board of Appeals -14- August 22, 1974 THE CHAIRMAN: The traffic there is probably as substantial as anywhere in Town. MR. OLSEN: There is a lot of room inside the building, more than enough for my client to use just as an optician's office. THE CHAIRMAN: Is this his work? MR. OLSEN: That's what he has indicated to me. He has a residence at 2 Johns Road in Mattituck and also a Brooklyn address° MR. STANLEY WAIMEY: It's under contract now. I am one of the principals that own the property. We originally pur- chased it for a real estate office and an attorney's office but we have another office on 27A and that serves the purpose so we decided to sell this building. It's under contract subject to permission to utilize it as a professional office. THE CHAIRMAN: What do you mean when you say it's a non- conforming building. MR. OLSEN: The size of the lot, no sideyards, etc. THE CHAIRMAN: That really means it would have to be used for the same use. MR. OLSEN: It was used for a substation and that's out. In order to make it have a ~ealistic function a variance is required. THE CHAIRMAN: I am sure you have read the Ordinance on what is required - parking spaces, etc. I don't think the Board can help you out. MR. OLSEN: Would it be approved for one office? One office, with on-street parking. I don't like to use the word "professional" as being that limiting. THE C~AIRMAN: I discussed this with counsel and it was his opinion that it could be used for one tenant as, otherwise, we would be denying a person the use of his property. Has this building been used recently? MR. STANLEY WAIMEY: The telephone company used it for storage, only, until recently but it has not been used for a substation since they built the one in Cutchogue. MR. OLSEN: You can't create a parking lot there, it would be a hazard. I would like to ask that this hearing be adjourned. Southold Town Board of Appeals -15- August 22, 1974 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals adjourn the hearing on Appeal No. 1940 until 7:45 P.M., September 12, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1941 - 8:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., 188 Manor Lane, Jamesport, New York a/c Brasby's Mattituck Manor, Box 344, Main Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 10~-34 and 100-35 A for permission to construct stone wall fence with excessive height of piers and lights in front yard area. Location of property: Main Road & New Suffolk Avenue, Mattituck, bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco; west by Main 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: This seems to be the same type of application as submitted before. Maybe you can explain this to us Mr. Ahlers. MR. GORDON AHLERS: The massiveness of the fence has been cut down and meally the only exceptions to the present building code are the piers. The lights are recessed. (referring to plan) This is 4 feet and this is 3 feet. THE CHAIRMAN: We were parked across the street and a sports car pulled up in front of us. I would judge this man could not see over a 4 foot wall. I think he could see over a 3 foot wall. THE CHAIRMAN: I think we would want 30 inches on the corners and nothing over 3 feet for 20 feet each side of the entrance here. I think you will need the 20 feet as people need to be able to see over the wall. So, our thinking is 36 inches here and here (referiing to drawing) for 20 feet, and 30 inches on the 30 foot radius. On the back here where you have another entrance you could build 4 feet except when you come to the entrance. MR. AHLERS: We want it to be uniform. Southold Town Board of Appeals -16- August 22, 1974 THE CHAIRMAN: The drawing you had here before was not uniform. MR. AHLERS: I was the presenter at that time. I was not the originator. THE CHAIRMAN: Safety considerations should be paramount. MR. GRIGONIS: I go alOng with your thinking, you don't sit very high in the cars made today. MR, HULSE: If the object of this wall is to retain cars in the parking lot, certainly 30 inches will retain them. THE CHAIRMAN: The object of the wall is to maintain an aesthetic environment and I think it will do it. I don't think it will make any difference if it's 4 feet or 30 inches. MR. AHLERS: I have to take this back to my people and, it seems to me, that the Building Code ~says 4 feet, and I know we will get "flack" from them. THE CHAIRMAN: If you were going to conform to the Ordinance you would not have to come in here. What we are proposing is something beyond Ordinance requirements. Maybe you would like ~ to take this back to your client before we act on it. MR. AHLERS: I can appreciate what you are trying to do. THE CHAIRMAN: No portion should be higher than 4 feet. Over here (referring to sketch) I think you will have to stay at 30 inches. Then you can go back to 4 feet. These are safety considerations. MR. ROBERT BERGEN: This may have to go to the County. THE CHAIRMAN: I don't think it will if it conforms. MR. AHLERS: Let me take it back to my client. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals adjourn the hearing on Appeal No. 1941 until 8:00 P.M., September 12, 1974. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -17- August 22, 1974 PUBLIC HEARING: Appeal No. 1943 - 8:50 P.M. (E.D.S.T.) upon application of Finn B, Jensen and Barbara Jensen, 150 Gulf Street, Milford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and BUlk Schedule for permission to divide property and use as single lots with insufficient area. Location of property: Fleets Neck, Lots Nos. 3 and 4, Map of Eastwood Estates, Map No. 3683, Cutchogue, New York. 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? GARY OLSEN, ESQ.: I am the attorney for the applicant. This variance is necessitated by the fact that my client owns two lots contiguously, a technical merger of title, and the subdivision map is not one of the excepted maps under present zoning. I have looked over the tax maps and can give you a run-down. Lot Nos. 1 and 2 Murphy - look to be in common ownership but he is building on Lot No. 1. That is directly to the south of my client's parcel. My client has Nos. 3 and 4 going north on the same side of Eastwood Drive. Lot No. Lot No. Lot No. Midwood Road Lot No. Lot No. Lot No. Lot No. Lot No. Lot Nos. same 5 Boyd single and separate. 6 Fleishman single and separate. 7 Terhun~e- single and separate (at that point going directly across Eastwood Drive)~ 8 Andrews - single and separate. 9 Dank - single and separate. 10- Laurentz - single and separate. 11- Appears to be single and separate. 12- William Heim - single and separate. 13 and 14 Thomas Reeve - appear to be in the situation that my client is in. THE CHAIRMAN: When was the Eastwood map filed? GARY OLSEN, ESQ.: In 1962. These lots are 20,800 sq. ft. apiece. THE CHAIRMAN-: They were in excess at the time that zoning came in. I think that you have established the character of the neighborhood. Southold Town Board of Appeals -18- August 22, 1974 THE CHAIRMAN: They would like to build on one lot and not be obligated to build on the other one. The variance is to consider Lot No. 3 as a separate building lot even though the same owner owns both of them. If they had put one in one name and the other in another name, they would have been all right° The requirements were for 12,500 sq. ft. at that time. THE CHAIRMAN: Is there anyone present who wishes to speak-~against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property and use as single lots with insufficient area, Lot Nos. 3 and 4, Eastwood Estates, Cutchogue, New York. The findings of the Board are that the character of the neighborhood establishes the fact that most of the lots in this area are approximately 20,000 sq. ft. in size and in single and separate ownership. 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. Grigonls, it was RESOLVED, Finn B. Jensen & Barbara Jensen, 150 Gul~ Street, Milford, Connecticut, be GRANTED permission to divide property and use as single lots with insufficient area Lot Nos. 3 and 4, Map of Eastwood Estates, Map No. 3683, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Fourteen (14) Sign Renewals were reviewed and approved as submitted. Southcld Town Board of Appeals -19- August 22, 1974 Correspondence with Mr. Warren Horton, Chairman Turkey Shoot, Mattituck Gun Club, was read, and On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals GRANT permission to the Mattituck Gun Club, Inc., Mattituck, New York, to fasten posters on trees and telephone poles to advertise their September Turkey Shoot (Date: September 15, 1974) (Rain Date: September 22, 1974), as applied for, subject to the following conditions: That the signs may be displayed two weeks before the Turkey Shoot, and must be removed one week after the event. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED ~hat the Southold Town Board of Appeals set 8:15 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, N. Y., as the time and place of hearing 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 & Old Cove Blvd., Southold, bounded on the north by Old Cove Blvd. (private road); east by H. Manis; south by Stafford; west by Carole Road (private road). Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:20 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Soutbold, N. Y. as the time and place of hearing upon application of Arthur H. Slattery, Landing Road, Cutchogue, New.York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to Southold Town Board of Appeals -20- August 22, 1974 divide property with insufficient width and area. Location of property: Landing Road, Northwest Loop, Cutchogue, New York, Lot ~273, Map of Nassau Point Properties. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulsel On motion by Mr. Grigonls, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, N. Y. as the time and place of hearing upon application of Marion Ales, 129 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 No. 71, Map of Nassau POint Properties. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:40 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, N. Y. as the time and place of hearing 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -21- August 22, 1974 On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:50 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, N. Y., as the time and place of hearing upon application of Eugene M azzaferro, Oak~treet, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 10~-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. Vote of the Boar d: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, N. Y. as the time and place of hearing 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 set- back 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonls, Hulse. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 9:10 P.M. (E..D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, N. Y. as the time and place of hearing upon application of Joseph Sawicki, North Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient 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. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, Southold Town Board of Appeals -22- August 22, 1974 On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:20 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, N. Y., as the time and place of hearing upon application of Wickham & Lark, attorneys, 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 9:45 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, N. Y. as the time and place of hearing 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 9:55 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, New York as the time and place of hearing 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 Tucker's Lane. Southold Town Board of Appeals -23- August 22, 1974 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 10:05 P.M. (E.D.S.T.), September 12, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Herbert and Ruth Rosenberg, Town Harbor Lane and Terry ~ane, 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 10:15 P.M. (E.D.S.T.), September 12, 1974, at the Town OffiCe, Main Road, Southold, New York, as the time and place of hearing upon application of Thomas Duff, 34 Hunter Road, Manchester, Connecticut, for approval of access, Section 280A of Town Law. Location of property: North Hill, private road, (Crescent Avenue Extension); east by H. Zabohonski (H. Welsh); south by H. Zabohonski (Welsh); west by P. Nitze. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. The meeting was adjourned at 10:20 P.M. Respectfully submitted, ~ ~ ~ Marjorie McDermott, Secretary Robert W. Gillispie, Jr. , 'Chairman