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HomeMy WebLinkAboutZBA-07/11/1974 SOUTHOLD, L. I., N.Y. 119~71 Telephone 765-~dd0 APPEAL BOARD MEMBER Robert W. Oillisl~ie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serse Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals July 11, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, July 11, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr. Absent: Messrs: Fred Hulse, Jr. and Serge Doyen, Jr. THE CHAIRMAN: The hearing on Appeal No. 1901, applica- tion of Paul & Jacqueline Kelly, w~ich was originally scheduled for May 23rd, 1974, was postponed by resolution of the Board, in the absence of Judge Kelly, until 7:30 P.M. tonight. 7:50 P.M. (E.D.S.T.) upon application of Pa~l and Jacqueline Kelly, 101 Wallace Street, Freeport, New York, for 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. Lo- cation of property: N/S Private Road, W/S Camp Mineola Road, Mattituck, bounded north by Folly Beach Ltd. and Allen; east by B. Snyder; south by Private Road; west by B. Hart. Fee paid $15.00. The Chairman opened the hearing by reading the legal notice of hearing, the application for a variance, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -2- July 11, 1974 THE CHAIRMAN: According to the Van Tuyl survey submitted the applicant would have 14,450 sq. ft. on the westerly side of the proposed division and 13,983 sq. ft. on the easterly side. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? DANIEL L. STEVENSON, ESQ.: I am an attorney with the firm of Rogers & Stevenson in Patchogue, N. Y. I am appearing here with Judge Kelly. ThenJudge was unable to be here for the original hearing because of illness. THE CHAIRMAN: Is there any other information that you wish to give. The character of the area is a determining factor. MR. STEVENSON: The majority of the surrounding lots are on 50 foot or 60 foot frontage. It is 100 feet from the water. The Judge has been a summer resident for years. The property was purchased in 1958. THE CHAIRMAN: What is Folly Beach? JUDGE KELLY: That's an area of meadowland that was filled in by the County. They dredged it. It's a vacant area. Peter Kreh & Edmonds Allen own it, separately. They are not partners. Strong's Mattituck Marina is behind it. The creek is to the west. THE CHAIRMAN: So this is on the easterly end of the right of way. JUDGE KELLY: Yes. THE CHAIRMAN: How is the water supplied down there? JUDGE KELLY: We get our water from a well on Judge Howell's property. We pipe it down. Every piece of property there is 50 feet wide. THE CHAIRMAN: What is your elevation? JUDGE KELLY: The same as everyone else. There is one lot that will have to be filled in because when the County put the big dike in they locked him in and he is in a swamp. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Southold Town Board of Appeals -3- July 11, 1974 (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient width and area on the north side of Private Road and the west side of Camp Mineola Road, Mattituck. The findings of the Board are that applicant is surrounded by lots that are of the same general size and character, all of which are improved, and that granting this variance will not change the character of the area. It is a unique and unusual circumstance. The Board is in agreement 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. Grigonis, seconded by Mr. Gillispie, it was RESOLVED, Paul and Jacq~line Kelly, 101 Wallace Street, Freeport, New York, be GRANTED permission to divide property with insufficient width and area on the north side of Private Road and west side of Camp Mineola Road, Mattituck, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No.-1924 , 7:!410 P.M. (E.~D.S.T.) upon apPli~ation of Gordon Ahlers, P~.E., Manor Lane, Jamesport, New ¥o~k a/c!B~asby's of Mattituck Manor, Main Road and New Suffolk Avenue, Mattituck, NeW York,i for a variance in accordance wi.th the Zoning Ordinancei, Article III, Section 100-34 and 100-35 for permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in the 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 Realty; west by Main Road. Fee paid $15.00. Southold Town Board of Appeals -4- July 11, 1974 The Chairman op~ned 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 blueprints which indicate that the proposed stone wall will extend on two sides of the property. There is a 16.4 foot opening on Route 25, and the stone wall continues on New Suffolk Avenue to a line which is behind the building. The stone wall will have columns which are 8 feet high topped by decorative lamps. THE CHAIRMAN: -Is there anyone present who wishes to speak for this application? GORDON AHLERS, P.E.: The lamps will only be at the entrances. THE CHAIRMAN: Will this be a rock wall? MR. AHLERS: It will be fieldstone. THE CHAIRMAN: Will the columns vary in height? MR. AHLERS: That's correct. You will notice that when you come down New Suffolk Avenue the wall drops down to 3 feet. THE CHAIRMAN: It's 30 feet this way and 30 feet that way so anybody coming down can not see around the corner. MR. AHLERS: We will abide by whatever the Board decides. They are trying to upgrade the property. ~is is part of upgrading. On New Suffolk Avenue there is an aluminum fence now that is in disrepair. This will take the place of that fence and provide a decorative effect. This is generally along the lines of Huntington Town House. THE CHAIRMAN: Does Brasby's have more than one location or is this unique here? MR. AHLERS: As I understand it, it's Brasby's of Mattituck. Mattituck Manor was the original name. Southold Town Board of Appeals -5- July 11, 1974 THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. ROBERT BERGEN: I don't like the idea of any more obstruction being there because of traffic. There are trees and telephone poles and, if you will notice, there is a little jog to the east and west. Any more obstructions up there would not help it in the least. MR. AHLERS: As far as trees and poles are concerned, my client has no responsibility. MR. BERGEN: Every pole and every tree is a hazard to traffic. There have been quite a few minor accidents there. THE CHAIRMAN: I think the 30 feet on each side of the entrance should be 3 feet in height. Nothing should be any higher than 3 feet there. MR. AHLERS: We will be amenable to whatever the Board decides. THE CHAIRMAN: When we made our inspection we were parked right next to the redwood box with plantings and you could not see the traffic. I would favor staying with 3 feet for the 30 foot lengths of the stone wall. I thinkkit is a very hazardous traffic spot. MR. AHLERS: If that's the Board's decision, we will abide by it. THE CHAIRMAN: I don't like the idea of the decorative lamps extending above 3 feet. MR. AHLERS: You can take a waterproof fixture and bury it in the top of the wall and get the same effect. THE CHAIRMAN: How wide is this going to be? MR. AHLERS: About three or four feet wide. THE CHAIRMAN: How would you keep kids from climbing over it? Southold Town Board of Appeals -6- July 11, 1974 MR. AHLERS: There could be a sharp point in the concrete. THE CHAIRMAN: Do you go along with the 30 feet on each side, Bob? MR. ROBERT BERGEN: I don't go along with a fence at all. If they want to make it attractive looking I believe they could find some other way rather than putting a fence out there. It makes me think of a prison or a graveyard. MR. CHARLES GRIGONIS, JR.: I believe that it would dress the place up but it would create a hazard. THE CHAIRMAN: They are permitted a 4 foot fence. Maybe you would save a lot of money by having a split rail fence. MR. AHLERS: Split rail fences disintegrate. THE CHAIRMAN: In your opinion, Bob, there should be no fence at all. MR. BERGEN: I believe it would be a hazard to traffic. Perhaps they can come up with something more attractive than a fence. MR. AHLERS: A lot of planting could be done. It's a question of housekeeping. It might fill up with bottles and cans. MR. GRIGONIS: Shm~bs would still be an obstruction to the view. MR. BERGEN: Not if you had low shrubs. MR. AHLERS: One of the advantages with having a fence is that it never gets any higher and doesn't require maintenance. Shrubbery looks better but it depends on the maintenance of the owner for whom I can not speak. MR. BERGEN: The sidewalk is on Town property. THE CHAIRMAN: Have you seen any of the planting at Montauki Manor. It has a sort of Mexican theme. The main clubhouse has no windows on the ground floor° This is all covered with low shrubbery. Something like that might be attractive. I am trying to resolve this in a way that you would not have to come back here. The consensus of opinion seems to be that it should be denied because of hazardous traffic. Southold Town Board of Appeals -7- July 11, 1974 MR. AHLERS: I will come back with two or three different ideas. MR. GRIGONIS: I have seen stone posts with heavy chain in between them. MR~ AHLERS: I am afraid that children would swing on the chain. THE CHAIRMAN: Does anyone else wish to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in the front yard area of property which is located on Main Road and New Suffolk Avenue, Mattituck. The findings of the Board are that a stone wall would be a hazard to traffic conditions. Applicant stated that he would work on several different plans before returning to the Appeals Board. 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. Bergen, seconded by Mr. Gillispie, it was RESOLWED, Gordon Ahlers, P.E., a/c Brasby's of Mattituck Manor, Main Road, and New Suffolk Avenue, Mattituck, New York, be DENIED permission to construct decorative stone wall (fence) part of which will be over 4 feet in height, in front yard area of Main Road and New Suffolk Avenue, Mattituck, as applied for, without prejudice to future appeals. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal No. 1922 - 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, 5 Swan Lane, Hauppauge, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient frontage and area. Location of property: Hiawatha Path, Southold, bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and Ano. Fee paid $15.00. Southold Town Board of Appeals -8- July 11, 1974 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to ' speak for this application? MR. RICHARD DE MARIA: I am the owner of this property. THE CHAIRMAN: If this Board did give you a variance to use these two lots would you be satisfied that there would be no variance in side lines? You have to have 25 feet in side yards, 15 feet on one side and 10 feet on the other. The property is only 100 feet wide. At the time these lots were purchased that was the requirement. Now the side yard combination is 35 feet but that's based on 150 foot frontage. Whoever buys these lots would have to maintain the 10 foot and 15 foot side yard requirement which was in effect when you purchased this property. We went over the tax map area and there is no question that the majority of the lots are the same size or smaller. MR. DE MARIA: I bought two parcels. THE CHAIRMAN: I don't think there is any question but what, financially, you could get more money for two lots than for one. Many people are anxious to build but don't want to buy 40,000 sq. ft. I think you could maintain those side yards. (Mr. De Mariasshowed his copy of Deed to the Board and the Chairman read description of the property). THE CHAIRMAN: There is no survey with the application. MR. DE MARIA: Would you like to have a copy? THE CHAIRMAN: Yes, we would like to have it for our records. THE CHAIRMAN: Is there anyone p~esent who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -9- July 11, 1974 After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient frontage and area on Hiawatha Path, Southold. The findings of the Board are that applicant is surrounded by lots of a similar or smaller size which were set off long before the present Zoning Ordinance went into effect. The Board agrees with the reasoning o~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. Grigonls, seconded by Mr. Bergen, it was RESOLVED, Richard De Maria, 5 Swan Lane, Haupp~uge, New York, be GRANTED permission to divide lot with insufficient frontage and area on property located at Hiawatha Path, Southold, as applied for, subject to the following condition: That there shall be no further variance permitted in side yard, front yard, or rear yard setbacks. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigon~s. PUBLIC HEARING: Appeal No. 1923 - 8:05 P.M. (E.D.S.T.). upon application of Elbert E. Austin, a/c William J. Eckartz, 115 Sound Avenue, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct attached garage with insufficient side yards. Location of property: S/S Sound Avenue, Peconic, New York, bounded north by Sound Avenue, Lot No. 17, Peconic Shores, Peconic, 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. Southold Town Board of Appeals -10- July 11, 1974 THE CHAIRMAN: The application is accompanied by a sketch indicating that the garage would be to the rear of the house on Sound Avenue, Peconic, and would be 45 feet in length. In order to do this it would be necessary to reduce the sideyard on the westerly side of the property. The lot is 50 feet by 150 feet. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WILLIAM J. ECKARTZ: I am here to speak for the application. THE CHAIRMAN: There doesn't seem to be any other way to locate the garage on this property. 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 attached garage with insufficient sideyards on the south side of Sound Avenue, Peconic, New York. The findings of the Board are that the land slopes substantially to the south and if the garage were located further to the rear the applicant would have difficulty with high water. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; -the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, William J. Eckartz, 315 Sound Avenue, Peconic, New York, be GRANTED permission to construct attached garage with insufficient sideyards on the south side of Sound Avenue, Peconic, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -11- July 11, 1974 PUBLIC HEARING: Appeal No. 1925 - 8:15 P.M. (E.D.S.T.) upon application of James & Eileen Dugan, 12 Gedney Avenue, Smithtown, New York ~or a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with in- sufficient sideyard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section II, Cleaves Point Subdivision, Greenport, New York. Fee paid $'15.00. The Chairman op~ned the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: There is a sketch of the property and blueprints of the house accompanying the application. This is a situation where there are two front yards. It's a corner lot. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JAMES DUGAN: Mrs. Dugan and I are here to speak for it. There is a stable and barns on the other side of Maple Lane. MRS. DUGAN: We will have a patio at the back and it would be outside our neighbor's bedroom if the house faced on Maple Lane. THE CHAIRMAN: This is a reverse drawing? MR. DUGAN: Yes. MR. ROBERT BERCEN: How far back is the house? MR. DUGAN: 35 feet. MR. BERGEN: If we gave you 5 feet on the west would you be willing to set the house back 40 feet or 45 feet? MR.~DUGAN: Yes. THE CHAIRMAN: Your suggestion is that Mr. Dugan place the house no closer than 10 feet to the westerly side line and the front yard setback should be 40 feet. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -12- July 11, 1974 After investigation and inspection the Board finds that applicant requests permission to construct dwelling with insufficient sideyard located at Osprey Nest ROAD AND aple Lane, Lot No. 50, Section II, Cleaves Point Subdivision, ~reenport, New York. The findings of the Board are that this is a corner property with two front yards and to locate the house facing Maple Lane would be a hardship to the applicant as it would face barns and stables across Maple Lane, and also heavier through traffic. 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 ~reated is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, James & Eileen Dugan, 12~Gsdney Avenue, Smithtown, New York, be GRANTED permission to construct dwelling with insufficient sideyard at Osprey Nest Road and Maple Lane, Lot No. 50, Section II, Cleaves Point Subdivision, Greenport, New York, as applied for, but subject to the following conditions: That no portion of the house shall be closer than .40 feet to Osprey Nest Road. 2. That no portion of the house shall be closer than 10 feet to the westerly side yard. 3. That no portion of the house shall be closer than 30 feet to Maple Lane. Vo~e of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No. 1927 - 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricia Drossos, Main Road, (Arshamomaque), Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (A) (B) (C) for permission to erect side wall sign. Location of property: N/W side Main Road (Arshamomaque), Greenport, bounded east by Long Island Lighting Company; south by Main Road; west by John Drossos; north by Manor Grove Corp. Fee paid $15.00. Southold Town Board of Appeals -13- July 11, 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. PATRICIA DROSSOS: I am here to speak for the application. THE CHAIRMAN: The Ordinance permits one standing sign 12'6" by 6'6", not over 84 sq. ft., and a front wall sign with certain restrictions. In your case, you have a standing sign which is within the limits except that you have added an area sign. MRS. DROSSOS: That is not working properly. THE CHAIRMAN: These two items are irrelevant to this hearing. They were called to my attention by the Building Inspector. You have another sign on the Main Road? MRS. DROSSOS: On the North Road. I was in here about a month ago and paid the bill. THE CHAIRMAN: The amount that the Building Inspector says that you owe is $13.44. I think the Board would agree that you need a sign for the Bar instead of a wall sign on the front part of the main building. You are permitted to have one on the front but, if you do, you can't have one on the side. You have signs in your windows. What we could do in a situation like this is grant the side wall sign in lieu of the front wall sign. That will also light the parking area in the evening. MRS. DROSSOS: Do I have to take a sign down? MR. ROBERT BERGEN: You have not got a sign on the front of the building so we will let you have one on the side. THE CHAIRMAN: None of this will be permitted unless you pay the amount outstanding. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -14- July 11, 1974 After investigation and inspection the Board finds that applicant requests permission to erect side wall sign on the northwest side of Main Road (Arshamomaque), Greenport, New York. The findings of the Board are that the applicant does not have a front wall sign and a side wall sign is needed to indicate the entrance to the Bar. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Nicholas & Patricia Drossos, Main Road, Greenport (Arshamomaque), New York be GRANTED permission to erect side wall sign in lieu of a front wall sign on the northwest side of Main Road, (Arshamomaque) Greenport, as applied for, subject to the following conditions: 1. That this sign is subject to all rules and regulations governing signs in the Town of Southold. That this permission is subject to applicant paying whatever charges are unpaid to the Building Department on this sign and other signs. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No. 1926 - 8:40 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Clinton Muttitt, North Country Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide property and for approval of access with insufficient frontage and area. Location of property: E/S Grand Avenue , Mattituck, bounded north by Rohrbach & Heuser; east by M. & P. Suter; south by Long Creek; west by Grand Avenue, Anrig, Hopek, Hanson. 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 -15- July 11, 1974 THE CHAIRMAN: The appl±cation states that the Planning Board of the Town of Southold has given tentative approval of the minor subdivision, subject to the Board of Appeals approving access to the property and the undersized lot. The application is accompanied by a survey showing the division of land. THE CHAIRMAN: Is there anyone present who wishes to speak fOr this application? WILLIAM WICKHAM, ESQ.: This right of way was set up many years ago by the original owner, John Mut~itt, and named by him. That's the only way we have to get into the upper piece. Cedar Lane is just about at the bottom of a hill. If it were extended at all it would be like a pro- truding lower lip. THE CHAIRMAN: This is privately owned now by the applicant? MR. WICKHAM: Yes. THE CHAIRMAN: The entrance to the lower lot is from Cedar Lane. The right of way tapers from 35 feet at Grand Avenue to 16 feet. MR. WICKHAM: Ail the buildings are on one lot. THE CHAIRMAN: This was owned as one parcel by Muttitt. It adds up to two or three per cent under three 40,000 sq. ft. lots. MR. WICKHAM: We could not devise any other 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 permission to divide property and asks approval of access on property having insufficient frontage and area. The findings of the Board are that applicant is the owner of an irregularly shaped piece of property and that properties to the north and west of this property are undersized. The Planning Board of the Town of Southold has given tentative approval of the minor subdivision subject to the Board of Appeals approving access to the property and undersized lot. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -16- July 11, 1974 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Wickham & Lark a/c Clinton Muttitt, North Country Road, Westhampton, New York, be GRANTED permission to divide property and be GRANTED approval of access on property located on the east side of Grand Avenue, Mattituck, New York, as applied for, subject to the following condition: That the Building Inspector shall approve the improvement of the right of way. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No. 1929 - 8:55 P.M. (E.D.S.T.) upon application of George F. Schmitt and Wife, 55 Marlborough Road, West Hempstead, New York for permission to construct accessory (storage) building in front yard area in accordance with the Zoning Ordinance, Article III, Section 100-30 C (2) and 100-32. Location of property: W/S Truman Path, East Marion, New York, bounded north by Sullivan & Gorga; east by Truman's Path; south by E. Foster; west by Marion Lake. 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 sketch accompanying the application shows the proposed tool shed will be approximately the same distance from Truman's Path as Mr. Gorga's tool shed, the neighbor to the north. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -17- July 11, 1974 MRS. ELSIE SCHMITT: I have a survey here. Schmitt showed survey to the Board). (Mrs. THE CHAIRMAN: I think it would be agreeable to the Board if you put your tool shed no closer than 80 feet to Truman's Path. 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 (storage) building in front yard area. The findings of the Board are that applicant's home faces the lake and the rear faces Truman's Path as do the majority of the homes on the street. The shed will be located back to back with a neighbor's shed to maintain a uniform appearance. 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, George F. Schmitt & Wife, 55 Marlborough Road, West Hempstead, New York, be GRANTED permission to construct accessory (storage) building in front yard area of property located on the west side of Truman's Path, East Marion, New York, as applied for, subject to the following conditions: 1. That the accessory building shall be located no closer than 80 feet to Truman's Path. 2. That the accessory building shall be located no closer than 3 feet to any boundary line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -18- July 11, 1974 On motion by Mr. Gillisple, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated June 13, 1974, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On m6tion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M. (E.D.S.T.) , August 1, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Sign Renewals (29) were reviewed and approved as submitted. The following Resolution of the Southold Town Board of Appeals made on May 23, 1974 on motion by Mr. Gillispie, seconded by Mr. Bergen, and passed unanimously, was in- advertently omitted from the minutes of May 23rd: "RESOLVED that the revised Van Tuyl survey dated May 9, 1973 showing the division of Lot No. 4 into two separate parcels, 4A and 4B, and dividing the property so as to give the garage to the southerly lot, be APPROVED, in accordance with the Board's decision of May 2, 1974." Southold Town Board of Appeals -19- July 11, 1974 On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the southold Town Board of Appeals set 7:40 P.M. (E.D.S.T.), August 1, 1974, at the Town Office, Main Road, Southold, as the time and place of hearing upon application of Richter Home Improvement Co. a/c Diana Tendler, 9th Street, Greenport, New York, Map No. 986-6, Lot No. 3, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C for permission to loCate accessory building in legal front yard. Location of property: Lot No. 3, Map No. 986-6, end of 9th Street, Greenport, New York bounded on the north by Pipes Cove Corp.; east by B. Freeman; south by Peconic Bay (Pipes Cove); west by J. Caroff. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:55 P.M. ~(E.D.S.T.), August 1, 1974, at the.Town Office, Main'Road, Southold, as ~the time and place of hearing upon application of Catherine W. Drake, 424 B Heritage Village, Southbury, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) and 100-32 (A) for permission to erect accessory structure (TV antenna) over 18 feet high. Location of property: Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cutchogue, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Grigonis, seconded by Mr. Bergen~ it was m RESOLVED that the So~thold Town Board of Appeals set 8:10 P.M. (E!~iD.S~T.), August 1, 1974, atlthe Town Office, Main Road, Southold, as the time and place of hearing upon application of Alfred J~ Terp a/c Al's Liquors, Griffin Street, Cutchogue., New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (a) for permission to bring present sign up to the Town Line. Location of property: N/S Main Road, Cutchogue, New York, bounded north by C. Schnedier; east by A. J. Terp; south by Main Road; west by Griffin Street. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -20- July 11, 1974 On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:25 P.M. (E.D.S.T.), August 1, 1974, at the Town Office, Main Road, Southold, as the time and place of hearing upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-78, Subsection B-4 and Bulk Schedule for permission to build and operate an automobile body repair shop with reduced side yard. Location of property: N/S Main Road, Laurel school district ~11, Mattituck Post Office, bounded on the north by James O'Connell; east by A. Goodale & Wf; south by Main Road (Route 25); west by J. O'Connell. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:40 P.M. (E.D.S.T.), August 1, 1974, at the Town Office, Main Road, Southold, as the time and place of hearing upon application of MST Construction Corp. a/c W. Barry Everett, 6 Shipman Lane, Stony Brook, N. Y. for a variance in accordance with the Zoning Ordinance, Article I, Section 100-12 and Article III, Section 100-30 for permission to use lot with adjusted property line. Location of property: Map of Nassau Point, Lot Nos. 421 and 422, Nassau Point, Cutchogue, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. The meeting was adjourned at 9:50 P.M. ~P~ED Res eot ull ~/~ 'f~7 -~ ~ p f y submitted, ~ ~~ fM~j~or~e McDermott, Secretary Robert W. Gillispie, Jr., Chairman