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HomeMy WebLinkAboutZBA-04/23/1970 £App $outhold Town Board o eals SnUTHOLO, L. I., N.Y. llg?l Telephone 765-~660 APPEAL BOARD MEMBER Robert '~{/. Gillispi¢~ Jr., Chairman Robert Bergen Charles Gri~onis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS April 23s. 1970 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P~'M,-, Thursday, April 23, 1970, 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.; Serge DOyen,. Jr. was.absent due to unfavorable weather conditions. ~UBLIC HEARING: Appeal No. 132.7 - 7'::30 P~- (Ei'S~T~),. upon application of Philip and Joan Giordano~ 1634 McDonald Avenue,. Brooklyn,. New York, for avariance in accordance with the Zoning Ordinance~Article IIIa Section 304, for permission to build new one family dwelling with insufficient frontyard setback. Location of property: south Side of Cedar Point Drive West~. Map of Cedar Beach Park,, Lot No. 135.~ Sou~hold, New York. Fee paid $5.00. The Chairman opened the hearing by reading the application for a v~riance,~ legal notice of hearing~ affidavit attesting to its Southold Town Board ~ Appeals -2- April 23~ 1970 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRo PHILIP GIORDANO: What we are asking for is a 10ft. change in the setback. The Town Ordina~cea I believe requires 35 fro The property had a covenant when we bought it~ stating there must be at least a 25fro setback,. A portion of the lot is on the water and we have enough room for the building of a house. I understand that it is exempt from a provision of the Zoning Ordinance. No one will be injured by this variance. THE CHAIRMAN: Well~ I wouldn't say that no one is going to be injured by it~ maybe no one else~ if you are not injured by it your- self~ to state it a little more accurately. It looks as though the Board of Health has approved the cesspools and w~ll aransements here° When you say it is exempt from the Zonmng Ordmnance~ mt ms one of th subdivisions~ if you want to c~ll it that~ that existed at the time the Zoning Ordinance was passed. There are a number of them around town that were undersized but there is no way to make the undersized subdivisions complywith the Zoning Ordinance that was passed in 1956. I believe there is no Zoning Ordinance that could be imposed anywhere that wquld adapt itself to all existing areas~ or rather all the areas c~uld not adapt themselves to any Zoning Ordinance. There was a case in Bronxvitle where they ha~ increased the lot size 3 times from the 1920's to 1967o The owner of one lot at the time of passage of the Zoning Ordinance had a disadvantage. There is really no way zoning can or should deprive anybody the use of his property~ but one of the things a Zoning Board is authorized to do is to impose reasonable conditions for the use of property~hich does not meet standards. Which is what we are particularly con- cerned with herea we are not concerned with the well (not directly anyway) if the Board of Health says the well and 8esspools are satisfactorya then it must be soa they are more expert in that then we are~ it is not in our field~ and does not concern us. As I understan~d it~ you own the land under the pond~ to what distance? PHILIP GIORDA/~O: I think it is probably about 156 feet. THE CHAIRMAN: Do we have a map on this? (The Chairman was presented with a map) It is 135 feet. It ~ooks as though about half of the lot is demolished. THE CHAIRMAN: Is there anyone else 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? Southold Town Boar~ f Appeals -3- April 23a 1970 CHARLES MEYER: I own lot ~ 114 in Cedar Beach Park~ and I am Vice President of the Cedar Beach Park' Association. Number one with reference to that letter that you have in your file from the Cedar Beach Park Association, I can submit to you the by laws of this association which state that 5 directors must be called to a meeting in order to write such a letter~ 3 board of directors& the president, and the secretary. Mro Mahler~ who migned it is the president° Mr. Mahler informed us that we were not available for consultation or a meeting and proceeded to write that letter As it happens Mr° Marston is a board of director and lives here year round, as do I~ the vice-presidenta neither of us were awar, of this situation or the fact that the letter had been written until last Sunday when we called Sro Mahler after spotting this thing in the paper. I have a petition here in opposition to thi~ down-grading or variancea, it i~ signed by~ amongst the lot ownersa the secretary and 2 board of directors, a majority in the Cedar Beach ParkAssociation. None of us were ever consulted, except Mr. Mahler. The paper you have in the file is Mr. Mahler~s personal opinion of what should be done~ written on stationery which he possess'sa and signed by him on his owna it has no authenticity. Mr. Mahler will hear from usa in fact he has already heard from us regarding thisa Mr. Mahler is obligated on these things to call a board of directors meeting~ which he did not doa Mr. Mahler did that strictly on his own° As far as we are concerned it is a piece of paper signed by one man and one man~s opinion and nothing else. THE' CHAIRMAN: I believe he states in the letter ooooooo.ooo ..... o..oo~ here it isa "The Corporation has heretofore consente to similar installations by other lot owners on the Cedar Beach Park Map." Is that correct? CHARLES MEYER: As far as I know~ there has been one such installation in the past. THE CHAIRMAN: I don~t know how much this concerns us,, it is some what irrelevant. CHAR~SMEYER: Well, I don~t know either. I wish to put on record that if the Suffolk County Board of Health is giving the approval on the basis of the Cedar Beach Park Association permitting a well point across the roada to which we agree the title is in doubta the Cedar Beach Park Association has not agreed. Nobody has agreed but Mr. Mahlero THE CHAIRMAN: "Fee title ownership of the road shown on such map is uncertain" If that is true I would say that the letter has real bearing on the application. Southold Town Board ~f Appeals .4- April 23~ 1970 CHABT~SMEYER: Well it might in regard to the Board of Health° Here is a petition signed by a majority of all the residentsa all that we were able to reach since last Sunday. The residents are just about unanimously against this, our objections to it= run into 2 main points: $1 There is a gentleman who owns a lot around the corner= $131 biro Strafino, this board within the last couple of years demanded that he fill and bulkhead in order to be per- mitted to build his house° TP~ CHAIRMAN: As I recollect~ he offered to do it~ I don~t know what our decision would have been otherwise, but he offered to do it on his own° CHARLES MEYER: This maybe true~ but in that case there was a precedent established. We are concerned that this precedent should be continued and should extend all along Cedar Beach o We wish to bring up a point that there are 17 lots around that pond. If a variance is allowed on all of these lots we are going to have a monumental pollution problem one day in the future. It is mani- festly impossible to sink that many cesspools directly on the water and that many wells across the road of which the t~tle is in doubt~ or on farmers fields~ the pond will be polluted. At the moment it is clean~ the shellfish are clean and they can be eaten~ children swim in ira people go boating in it in the summer~. I have 3 children that swim in it frequently~ I don~t wast my children swimming in it if you are going to put cesspools right on the edge of ito THE CHAIRMAN: What is your solution? CHAR?AS MEYER: If the g~ntleman is willing to fill and meet the minimum requirements of Southold Town~ God speed~ let him build a house here. BOB MARSTON: I would like to speak if I may~ I am the man Mr. Meyer referred to before, Bob Marstono I think the feeling is that if it were to built out sufficiently~ so that a variance is not required. What we are looking for is to keep the cesspools as far away from the waterfront as we possbily can. THE CHAIRMAN: Did the Board of Health determine the location of the cesspools~ yet? MR. GIORDANO: From what I understand the requirement is 50~ from the high water mark. MR. MEYER: We have paced off the entire lot and it seems to be approximately 72~ to 72~ in depth from the center of the loto THE CHAIRMAN: What did you allow from the road? $outhold Town Boarg if Appeals -5- - April 23,~ 1970 MR, MEYER: There is a surveyor~s stake there which indicates where the private property begins~ we paced from there to the edge of the water. We hereby object on the basis of the fact that a cesspool cannot be setback 50 ft. and a well driven~ and any sort of zoning maintained. GEORGE PODEYN: I would like to add something~ I am a property owner~ George podeyn~ I own 3 lots on West Lake $~s 138~ 139a, & 140o That lot ($135) is too small to meet the requirements of the Town of Southold~ but still we are not objecting because that lot is less than 12,500sq. ft. The think we are concerned about is the pollution of the lake. THE CHAIRMAN: Of course~ it seems to mea that even if this were filled in to the dotted line shown on this map~ you still might have a pollution problem. MR. MEYER: That's true, but it would be less likely if it were filled in. THE CHAIRMAN: Is there any evidence 64 pollution in the lake now? How many houses are the~on the lake? MR. MEYER: Noa there is no evidence of pollution yet. There are 4 houses on the lake at present. THE CHAIRMAN: Are they summer occupancy~, or year round houses? M~'.MEYER: Summer occupancy. THE CHAIRMAN: Most summer places around here eventually become winter places¢ in time people retire and move out here year round. Howard,, do you know anything about how the drainage runs down there? HOWARD TERRY~ BUILDING INSPECTOR: The same as it does any place ~,in both directions~ from the Bay~ from the north and the south. THE CHAIRMAN: I remember something about the w~ter supply on that other one~ it came off the hill, on lot $ 132. MRS. GIORDANO: As I understands, the Board of Health has approved the location of the cesspools~ we are 50~ from the water, I don~t see what the objection is? MRo' GIORDA~O: I would like to add one more thing in regard to pollution. There are 4 homes there now being used as summer homes. As far as retiring and living here year round~l I don~, plan on that for a while. ~ THE CHAIRMAN: We have to l~ok towards the future now. Southold Town Board f Appeals -6- April 23~ 1970 MR~~ MEYER: I would like to say again that the Board of Health approval may be based on the fact that they plan to run the point under the roada because of the misleading 19tter Mro Mahler sent., but the association will not allow them to do that. THE CHA~: I wouldhave thought that the Board of Health would check something like that. Anyway I don~t think we will make a decision tonight~ Your point is well taken. There is also some questiona when I was down there I doubted somewhat that there is 81~ of depth~ are you measuring from the water line? This is just a sketch~ actually it is meaning less~ we are going by what he says on the sketch~ and he may be somewhat predjudice. I think number one~ we should get a survey of the property with the proposed location of the house on it. I think also that we should re-confirm with the Board of Health that this is satisfactory with them~ And then my feeling is that this lot should be enlarged somewhat by bringing in material to make the lot deeper~ particularly if it is under what i~ says here on t~is sketch~ about 80® x 80~. A normal lot in a subdivision with public water and seweragerequires 20~000 sq, fto Granted that this is a part of the approved subdivision and a map that has become part of the Ordinancea this is one of the areas which was not adaptable to the Zoning Ordinance originally~ but I think that if the Board of Health on re-consideration OjK~'~s this and if the survey shows that you have as much land as you say you have~ we will still require you to enlarge it some. MRS. GIORDANO: What do you mean by some? THE CHAIRMAN: Well~ i think that is debatable~ and I think the Board is required to impose any reasonable conditions. I think you have to analize if 12a500sqo fto would be reasonablem it might be quite a lot. I would be glad to hear from some of the other members of the Board on this. RICHARD CRON,~ ESQo: May I be heard before you proceed on that? I am here as a representative of Mr. Rudy~ who appears in opposition to this application. I~ro Rudy is the owner of lot $ 137~ at Cedar Beach Parka which is 2 lots from the applicant~s property. I think I can clarify some of the things that have been discussed~ and I think I can also raise some other technical and legal aspects that will have to be considered on this application before this Board rules. Firstly I do have a survey~ although the boundaries do not have the same scale as a surveyor would use~ we can come pretty close to what the sidelines are on this' particular lot. They have approximately 90~ on the road~, about 69~ on one side and about 88~ to 89~ on the other side. THE CHAIRMAn,: When was this survey done? MR2CRON: April 1966~ approximately 4 years ago° Southold Town Board f Appeals -7- April 23~ 1970 THE CHAIRMAN: What has happened in the last 4 years~ as far as erosion is concerned? MR,' CRON: It has been diminished by erosion. Even with those dimensions 4 years ago you have approximately 7~200 sq. ft. of buildable or lot area. Not withstanding that this particular sub- division is excluded from the Zoning Ordinance~ it is only excluded in one area~ that is in section 303 whick is the road frontage requirement of 100fto and the area of the lot being 12,500sq. Other than that the other subsections under Article III~. Section 303 have<application concerning sideyards, rear yards~ etc. We have some other real problems here~ I don~t think the Board~,, or some other persons, are aware that there are covenants and restrict- ions affecting this lot which are still in force and effect. THE CHAIRMAN: Well the Board has never taken a position that covenants and restrictions concern us. MR.' CRON: I think the Board should be concerned, because I don~t think it is the Board's intention to lead private parties into a state of litigation. In other words~ outstanding and effective covenants and restrictions in so far as they affect this subdivision or this particular lot in this subdivision, should be c~nsideredby this Board in arriving at a determination~ as to whether they will grant the application~ not grant it~ or grant it with modifications. What these covenants and restrictions provide is that any residential~ dwelling constructed on any lot in this subdivision must be set away from the water at least 25~ and it must be setback at least 25~ from any'roado Now if the Board deviates from that they are going to lead the people into a state of litigation~ because there are covenants and restrictions affecting these lots. MR. GRIGONIS: In making a determination~ the Board generally abides by which ever is the stricter~ the Ordinance or the covenants and restrictions, we don~t interfererwith covenants or restrictions. MR2 CRON: Well~ what I am saying is that the covenants and rest~ctions imposed are stricter than those imposed by the Ordinance~ the Board should carefully consider as to whether they want to down- grade the covenants and restrictions and lead the parties into a state of litigation. MR~ GRIGONIS: We generally try to up grade~ MR. CRON: I think I have made my point on that. I would like to bring something else up. I believe I heard the depth of the proposed house to be constructed to be 39 feet. The average depth of the lot is 72~ to 74'° Now if you are going to have a 25~ frontyard setback~ and the house is 39'~ thatas a total of 64~ which leaves 10~ in the Southold Town Boarf f Appeals -8- April 23, 1970 rear yard area on the water. This will be in violation of the Ordinance which requires a 25~ rear yard area. I would 3ust like to say for the record that Mr. Rudy poses all of the same viblations already mentiOned by the other ~esidents in addition~to these tech- nical aspects° CHAIRMAN: Would anyone else like to be heard? JOHN' CPIRtSTIR: My name is John Christie~ I am the owner of lot $ 42 in Cedar Beach Park° I believe that in imposing thisa if everyone else who has built on these lots has had to put in fill to meet the requirements~ he should too. I don~t think the Board should rule any exceptions. THE CHAIRMAN: One of our problems in this type of situation is that we don~t have any Ordinance in the Town requiring bulkheading or specifications for bulkheading. This has happened before~ where a lot tends to dissappear. How much water comes in and out of there? MR.' MEYER: We have a tide rise of 4 to 5 feet in a storm~. about 3 feet normally. MR.' GIORDANO: I don~t know if you are aware of the fact that have already laid out a considerable amount of money~ I have already bulkheaded this property. THE CHAIRMAN: This property? I didn't see it when I was down there? MR. GIORDANO: I did it last year. THE CHAIRMAN: Well~ it is gone now~ all I saw was a couple of boards there. Can anybody verify this point on the bulkhead. MEYER: I see nothing there that looks like bulkhead° THE CHAIRMAN: It looked like a couple of batter boards to me. MR, GIOR~ANO: Well, it is only half finished. I intend to finis~ it when we move ino DR2 BURT: My name is Dr. Burta the point that I would like to bring out here is that I can appreciate the sentiments of Mr° and bLrs., Giordano and their investment in this property° Regard- less of all the legal technicalities that might be discussed~. there are real serious situations here that I think should be given consideration. I hate to see anybody invest in something which is going to be a hazard to himself. One of the hazardsa which would be a hazard to everyone,, is pollution° I would be inclined to advise him against pursuing this any further. From Southold Town Boarf f Appeals -9- April 23, 1970 the point of filtration~ Civil Engineers contend that 30~ of pure sand is adequate, the Board of Health does not believe that. Of course the assumption of pure sand will have to be validly est- ablished. The soil in the area is very irregulara it is mixed with clay. THE CHAIRMAN: Well I assume that this is a Board of Health matter. But I do know that clay will not act as a filter. GEORGE PODEYN: I would just like to make one thing clear to the Giordano~s I don't think anyone here has unfriendly feelings towards theme it is a metter of our property values being de-graded, The possibility of polluting the lake is a very vital issue to us. So our objections have nothing to do with unfriendlyness, I just want to m~_ke that clear. HELGA MICHEL: · own lot ~ 72. We are in the process of building a house. I just don~t understand how they could have gotten a permit from-the Board of Health. When we put our cess- pools ina they came down and paced everything off~ the cesspools had to be a minimum of 100ft. from the well. We had to put our~'s 107 feet. MR~ CRON: They can't possibly put a cesspool and well on that property and maintain the required distance of 100ft. would like to make one last final point. Am I correct in saying that this application is for a v~riance to the front yard setback? THE CHAIRMAN: That~-s correct. MR. CRON: If the Board were to grant this variance theywould be violating other sections of the Ordinancea for which a variance has not been sought. THE CHAIRMAN: That is correct. MRj CRON: Well on that basis alone the application would have to be denied because there is no application for a rear yard variance. THE CHAIRMAN: It has never been determineda to my satisfactiona where your rear yard ends in this type of situations you have land under watere which the people own, Is the back yard where the line ends on the survey or is it where the temporary high water mark is? MR'. CRON: Suppose it were all under water~ would you put it on stilts? Could you get a building permit? THE CHAIRMAN: I don't knowe, you will have to ask the Building Inspector. Southold Town Boarf ~f Appeals -10- April 23~ 1870 MR. CRON: I don~t think you could get a building permit. MRS° GIORDANO: Is it necessary to get a Board of Health permit before a building permit? Could you get a building permit before 'the Board of Health permit? THE CHAIRMAN: It is s smart thing to get the Board of Health permit first~ but you can get a building permit without a Board of Health permit. MRS. GIORDANO: Then it is theoritically possible to get a building permit without a Board of Health permit. We'll~ when I bought this piece of property I got a building permit with ira and Fir. Cron you represented the person who sold £~ to me. MR. CRON: I did? I don~t remember. THE CHAIRMA~T: Well~ Mr. C~Dn~ I think we probably should strike everything you said from the record. Is this the Board of Health permit? MRS. GIORDANO: Yes. THE CHAIRMAN: Mr. Bergen brought up an interesting point here, according to this ~ketch, in order to get this 100~ distance you are evading this property in back of you on the adjoining lot, so when he comes along he will be in trouble. MRS. GIORDANO: I don~t understand what the bbjection is here~ we are 50~ from the water~ and our well and cesspool are 100 feet aparta your only objection is that we are putting the well under the road. THE CHAIRMAN: No~ there are other objections as to the size of the lot and the areas axound a structure that are supposed to be maintained under the Zoning Ordinance° I thinkwe will have to consider this at length and postpone it until the next meeting° MRj GRIGONIS: Well, the point of it is putting the well under the road~ who owns the road? MR'2 MEYER: The Cedar Beach Park Association claims the road~ and they have not given you permission to put the well under the road. MRS. GIORDANO: Have any other housesbeen approved with a well under the road? MR. MEYER: Yes. Southold Town Boar~ ~f Appeals -11- April 23~ 1970 MRS. GIORDANO: So what is the big objection then? MR. MEYER: Different lot size,. Mr, Strafino went to conSiderable expense to fill to enlarge the size of his lot and he bulkheaded his property° I would also like to say again that I don'~t think anybody here feels the slightest bit unfriendly towards you~ all we a=e con- cerned about is the size of the lot. If you would be willing to fill to meet the minimum zoning requirements all of our objections would be withdrawn. MRS.~ GIORDA5~O: I still don"t know what-the minimum size ~is? THE CHAIRMAN: 12,.500sq. fto (The Chairman read Article Section 305~. 306,~ & 307.) THE CHAIRMAN: The decision on this hearing will be post-poned until the next meeting. PUBLIC B~.A~ING: Appeal No, 1326 - 7:45 P~'M. (EoSoT.)~ upon application of Constantine Pappas~ 16 Center Street,. Greenport~ New York~ for a special exception in accordance with the zoning Ordinance. Article IV~ and Article IVA~ Section 420~ Subsection 2-a~ for permission to establish and maintain a place of amuse- mento Location of property: east side of Main Road~ Orient, New Ycrk~ bounded north by Main Road, east by Gj&~. Lathama south by Gardiners Baya west by State Road~ Fee paid $5o00. The Chairman opted the hearing by reading the application for a special exception,~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper~ and notice to the applicant° THE CHAIRMAN: Is there anyone present who wishes to speak for this application? CONSTANTINE PAPPAS: I think it will be providing a con~euience for the people waiting in line at the Ferry. THE CHAIRMAN: The property is presently zoned "B" and has been for a number of years~ right? MR-~' PAPPAS: Yes~ that's right. THE CHAIRMAN: How large is this portable golf course? MR. PAPPAS: 50~ x 50~ THE CHAIRMAN: But you do have other property? Southold Town Board E Appeals -12-' April 23~ 1970 MR.' PAPPAS: Yes~. the entire depth of the property is 480fto~ there is 125ft. on the north enda and 75ft. on Gardiners Bay. THE CHAIRMAN: How many people will be using this at one time? MR. PAPPAS: There are 9 holes~ with a maximum of 4 people to a hole~ so that would be a maximum of 36 people. THE CHAIRMAN: What about signs~ how are you going to advertise? MR. PAPPAS: I will just have a sign on the proposed club house~ it is pretty close to the parking loto THE CHAIRMAN: What do they give you with this pre-fabricated or pre-constructed golf course? MR° PAPPAS: They give you the runways~ clubsa balls~ stands~ and some plantings to decorate with° THE CHAIRMAN: You have 2 light poles there with 1000 watt eacha can you direct these lights so that they fall on the ground and not out to sea or on the Main Road ? MR~ PAPPAS: The light poles are not included with the package, but this is what they recommend. I would put the lights on the north and south ends and direct them on the ground. MRS. PkPPAS: The last boat is 9:00P~M2 and it usually doesn~'t get dark until after that in the summer time, we may not even need the lights. THE CHAIRMAN: Oh I think you will want to have it tighted~. the thing we would be concerned with is that it will not be a hazard to traffic. MRj PAPPAS: Noa it is quite a way from the ferry boat and the traffic° THE CHAIRMAN: Yes~ but if you have a bright light shining towards the road~ it is very disturbing to people riding by in cars. MR. PAPPAS: No~ one will be going towards the Bay and one will be going towards the Sound. THE CHAIRMAN: Perhaps if you had lights on the easterly side. HOWARD TERRY~BUILDING INSPECTOR: It would be more likely to throw light on the road if it were on the easterly side than if it is on ~he north and south ends as shown here on his sketch° Southold Town Boar¢ ~f Appeals -13- April 23~ 1970 THE CHAIRMAN: But it should be protected from anybody driving down the road from the east and west. MR. PAPPAS: Well I think I could put shields on the lights to help direct it on the ground. THE CHAIRMAN: Well~ I am thinking about people coming from down the Main Road. MR.' PAPPAS: of the trees. THE CHAIRMAN: ~R.' PAPPAS: THE CHAIRMAN: MR. PAPPAS: THE CHAIRMAN: You won't even see them from the Main Road because How far off the line do you propose to put it? I thought about 20 feet from the w~sterly line. And how far off the easterly line? The same, about 20 feet. Are there any further questions? (There was no response.) TI~E CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to establish and maintain a place of amusement. The Board finds that this miniature golf courese will be in the interest of the travelling public. This permission is granted subject to the conditions that the golf course be located at least 20 feet off the westerly and easterly lines and the illumination be located so as not to disturb traffic on the Main Road. On motion by Mr. Gillispie~ seconded by Mro Bergena it was RESOLVED Constantine Pappas~ 16 Center Streeta Greenport~ New Yorka be GRANTED permission'to establish and maintain a place of amusement as applied for on property located at east side of Main Road,. Orients. New Yorka subject to the following conditions: 1. The golf course shall be located at least 20 feet from the westerly and easterly lines. Southold Town Board E Appeals -14- April 23~ 1930 2. The illumination shall be located so as not to disturb traffic on the Main Road. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen, Grigonis. PUBLIC P~ARING: Appeal No. 1328 - 8:00 PJM2 (E~oS~'T~'), upon application of George Mellasa 405 East GilletteDrivea East Marion~ New York~ for a special exception in accordance with the Zoning Ordinance,~ Article X, Section 1007~ Subsection (d), for permission to extend a non-conforming use. Location of property: north side of Main Roada land of E. Critchlow., Greenporta New York~ bounded north by Ernest Wiggins, east by Ernest Wiggins, south by Main Roada west by JlC, Stevenson. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapera and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GEORGE MELLAS: I could open this year~ but I would rather not. It would be a financial imposition° THE CHAIRMAN: So the purpose of this application is to keep it opena to renew the permission° What time was on the last one? GEORGE MELLAS: Two ~) years. HO~%RD TERRY: Effie Critchlow had it open,, then George opened ita now this is coming up on the second year that it will not be open. THE CHAIRMAN: What are the alterations that you have to make? Will they affect the outside dimensions? GEORGE ME~: I have to add on to and repair 'the existing building considerably~ and I won't be able to get to it this year° THE CHAIRMAn: And you own the property? GEORGE MELLAE: I have a contract of sale on it. THE CHA/RMAN: How much do you plan to enlarge the building? GEORGE MELLAS: about half of what's there now. Southold Town Board ~.t3 Appeals -15~ ' April 23, 1970 THE CHAIRMAN: GEORGE MELLAS: THE CHAIRMAN: GEORGE MELLAS: THE CHAIRMAN: HOWARD TERRY: THE CHAIRMAN: How deep is that lot? About 280 feet. How wide is it? Approximately 80 to 85 feet. Will there be room for an addition? Yes he will have plenty of room. Is there anyone present who wishes to speak against this application? (There was no response°) THE CHAIRMAN: Are there any further ~uestions? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to extend a non-conforming use° The building has to be enlarged and needs considerable alterations and repair~ which the applicant will not be able to do this year° The applicant shall be granted a one year extension~ if at that time the business is not open~ he will have to apply for another extension. On motion by Mro Bergen, seconded by Mr. Grigonis, it was RESOLVED George Mellas~ 405 East Gillette Drive~ East Marion, New York~ be GRANTED permission to extend a non-conforming use for a period of one year on property of Eo O~itchlow~ located at north side of Main Road,, Greenport,. New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Grigoniso On motion by Mro Gillispie, seconded by Mr, Bergen~ it was RESOLVED.that the minutes of the Southold Town Board of Appeals dated April 2, 1970, be approved as submitted. Vote of the Board: Ayes:- Messrs: Gillispie,..Bergen, Grigoniso On motion by Mro Bergen~ seconded by Mro Grigonis~ it was Southold Town Boar~ 3f Appeals -' -- April 23,. 1970 RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P~Mom Thursdaya May 14~ 1970~ at the Town Office, Main Road~ Southoldm New York. Vote of the Board: Ayes:- Messrs: Gillispiea Bergena Grigoniso On motion by Mro Gillispie~ seconded by Mro Bergen,. it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M~ (Ei'DjS.T~)a Thursdaya May 14~ 1970~ at the Town Officea Main Road~ Southold~ New ¥ork~ as the time and place of hearing upon application of Clifford & Edwina Tyler,. Shhoolhou~ Roada Cutchoguea New York, for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 10a for permission to erect an off premises directional sign on land of John Po Krupskio Location of property: north west corner of Middle Road (CR27) and Depot Lane, Cutchogue,~ New York, bounded north by other land of John P. Krupski, east by Depot Lane~ south by Middle Road (CR27), west by Alex Mareszeko Vote of the Board: Ayes:- Messrs: Gillispie~ Bergena Grigonis. On motion by Mr. Grigonisa seconded by Firo Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 7:40 (E.D.S~To), Thursday~ May 14~ 19701~ at the Town Officea Main Roada Southold~ New Yorka as the time and place of hearing upon application of Gregory Dawson,. 54 West i6th Streeta New York City~ New York~ for a variance in accordance with the Zoning Ordinance~Article III, Section 305~ for permission to build new one family dwelling with insufficien~ frontyard setback. Location of property: north side of Glenn Court,. Map of Birch Hillsa Lot $~'s 2 & 3a Cutchogue~ New York. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Grigoniso On motion by Mr. Bergen, seconded by biro Grigonisa it was RESOLVED that the Southold Town Board of Appeals set 8:00 ~'D~'S~'T%')~ Thursday~ May 14a 1970~ at the Town Officea Main Road, Southold~ New York, as the ti~e and place of hearing uPOn application of Carl J. &Ama Mo D~Antonioa 140 Glengariff Road~ MassepequaaParka New York, for a variance in accordance with the Zoning Ordinance, Article IIIa Section 305~ for permission to build new one family dwelling with insufficient frontyard setback. Location of property: Southold Town Boar~ ?f Appeals -1 April 23, 1970 west side of Kenney's Road~ Southold,~ New York,. bounded north by To Tierney,. east by Kenney~s Road~ south by Edw. Maidel~ west by Great Pond. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Grigonis. On motion by Mr. Grigonisa seconded by Mr. Bergen~ it was RESOLV~.n that the Southold Town Board of Appeals set 8:15 (E~D2S. T.')~ Thursday,. May 14,~ 1970~ at the Town Office, Main Road~ Southold,~ New York~ as the time and place of hearing upon application of Douglas Mo Robe~tsonla 455 North View Drive,~ Brown's Hill Estates, Orient, New York~ for a variance in accordance with the Zoning Ordinance~Article III,. Section 303~ and Artict~X~. Section i~00A~ for permission to build new one family dwelling with insufficient area. Location of property: south side of South View Drive~ Orient~ New York~ bounded north by South View Drive~ east by J2-S. Johnson~ south by J. Droskoski~ west by F. Bondarchuck. Vote of the Board: Ayes:- Messrs: Giltispiea Bergen,~ Grigoniso On motion by Fzr. Bergena seconded by Mro Gillispie~ it was RESOLVED that the Southotd Town Board of Appeals set 8:30 (E.'D~'S~T~)~ Thursday~ May 14~. 1970a at the Town Officea Main Road~ Southold,~ New York~ as the time and place of hearing upon application of Frederick E. Kreh~ Mary~'s Road,~ Mattitucka New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X,~ Section 1000A~ for permission to divide property and set off lots with insufficient frontage. Location of property: north side of Middle Road. a. Map of Mattituck Heightsa Lot ~s 6~7~& 8~ Mattitucka New York. Vote of the Board: Ayes:- Messrs: Gillispiea Bergena Grigoniso On motion by Mr. Gillispie~ s~conded by Mro Grigonis~ it was RESOLVED that the $outhold Town Board of Appeals set 8:45 (Ei'D~'S~T~)~ Thursday~. May 14~ 1970~ at the Town Office~ Main Southolda, New Yorka as the time and place of hearing upon application of John Matrick, Middle Road, Cutchogue~ New York~ for a vat,ce in accordance with the Zoning Ordinance,. Article III~ Section 303~ for Southold Town Boar~jf Appeals -18- April 23~ 1970 permission to construct addition to existing dwelling with insufficient sideyard area. Location of property: north side of Middle Cutchogue~ New York. bounded north by Matwieczyk. east by Matwieczyk~ south by Middle Road~ west by Machinchicko Vote of the Board: Ayes:- Messrs: Gillispie4 Bergen, Grigoniso On motion by Mro Bergen~ seconded by Mr. Grigonisz it was RESOLVED that the Southold Town Board of Appeals set 9:00 (EoDo'S~To')~ Thursday, May 144 1970~ at,the Town Office, Main Road, Southold~ New York, as the time and place of hearing upon application of Edwin Donlin~ Town Harbor Road, Southold~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 3044 for permission to construct addition to Sxisting dwelling with in- sufficient front yard setback. Location of property: east side of Town Harbor Road~ Southold, New York~ bounded north by J. Muncha east by Fo Daly Jr.4 south by private roads west by Town Harbor Road° Vote of the Board: Ayes:- Messrs: Gillispiea Bergena Grigoniso On motion by Mr. Gillispie~ seconded by Mr2 Grigonis4 it was RESOLVED Pursuant to Section 267, Subdivision 6 of the Town Law~ of the State of New York~ that the Southold Town Board of Appeals set 9:15 P~'M~ (E~D~S~'T~)~ Thursday,~ ~ay 14~ 1970~ at the Town Office~ Main Road, $outholda New Ycrk~ as the timeaand place of re-hearing on Appeal No. 1304; upon application of Severius Lambros~ 24 Ellington-Drive~. East Northport~ New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 305~ for permissiontto build new one family dwelling with reduced front yard setback. Location of property: north side of Ruth Road, Mattituck~ New York,. boundee north by'Lots 189 & 190 of Capto Kidd Estates~ west by Basis~ south by Ruth Roada west by Ji Murphy. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Grigoniso The meeting was adjourned at 9:45 P,'M,~ Southold Town Boar~-Of Appeals -19- .~ April 23~ 1970 APPROVED Respectfully submitted~ Be~ty~eville, Secretary Southold Town Board of Appeals Robert Wo Gillispie~ Jr.~. Chairman