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HomeMy WebLinkAboutZBA-07/09/1970MINUTES SOUTEO!D TOWN BOAP~ 0~ AppareLS July 9, 1970 A regular meeting of the Eouthold Town Board of Appeals was held at 7:30 P.M., Thursday, July 9, 1970, at the Town Office Main Road, ~outhold, New York. There were present: Messrs. Robert ~. Gi!lispie, Jr.,Chairman; Robert Bergen, Charles Grigonis, Jr.; F~ed Hulse, Jr. Also Present: M~. Howard Terry, Building Inspector. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 13%2 - 7:30 P.Mo· (E.D.E,T.), upon application of ~oe Goldrich, East Broadway, Woodmere, ~New York, for a variation in "accordance with the'Zoning Ordinance, Article l~I_~, ~eotion 303, end Article X, Section 1000~, for permission to build new one family dwelling with less than 100 ft. frontage. Location of property: east side of Bay Shore Road, Subdivision Map of Peconic Bay Estates, Amended Map A, Lot ~s 14 & 15, Greenport, New York. Fee paid $%.00. The Chairman opened the hearing by reading the application for variance, legal notice of hearing, affidavit attesting to its po~olication in the official newspapers, and notice to the applicant ~ -2- THE CHAIRMAN: is there anyone present who wishes to speak for this application? (There was no response). ~ CHAIP~: is there anyone present who wishes to speak against this application? (There was no response.) THE CHA~: i might state for the record that the abandoned area to the south and east was originally a road, and I understand From Mr. Terry that nobody knows who owns it now. There was a road down-there south and east of these two lots, just at the corner, but it has never been used. After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with less than 100 ft. frontage. One family dwelling will be built on area larger than required minimum and similar to other dwellings in the area. The applicant has excess of required area but is short on frontage due to abandonment and refiling of subdivision map. The Board Finds that strict application of the 0~dinance would produce practical aif_icult~es or unnecessary hardship; the hardship created is unique and would not be sh~ed by all properties alike in the immediate vicinity o£ this property and in the same use district; and the variance will not change the character of the nemghborhood, snd will observe the spmr~ of the Ordinance. On motion by ~. Gr~gon~s, seconded by ~ Bergen, it was REBOLVED Abe Goldrich, East Broadway, ~oodmere, New York, be GRATED approval to build new one family ~dwelling with less than 100 Ft. Frontage. Location of property~ east side of Bay Shore Road, Greenport, New York. Vote of the Board~ Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. PUB!~TC HEARING: 'Appeal No. 1349 - 7~:4o P~Mo, (E.D.E.T.), upon applica.tion · of :George W. Smith & ~ons, ~outhold, New York~ for a variance in aocordanc~ with Zoning' 0rdin~ce, Article II~, Section 307, for permission to construct addition to existing dwelling with insufficient sideyard area. Location of property: (cont'd.-Geo. W. Smith & Sons) east side of Mailler Court, Subdivision F~p of Smithfield Park, Lot ~ 20, ~onthold, New York. !~ee paid ~.00. The Chairman opened the hearing by reading the application for a varisnce, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRNA~: Is there anyone present who wishes to speak For this application? (There was no response.) TEE CHAIRMAN: ! might say that, in talking to ~4r. Emith, he told. me that he owns ~the adjacent lot, Lot # 21, and would be perfectly willing to convey out o£ r.ot ~ 21, which is slightly oversized, so this would be l0 ft. from_ the side yard. This particular house is on an odd shaped piece of property, which is 103 ft. end~_l ft. (over) - 14~ ft. on two courses. It is 23~ ft. on one side; very irregular. He is perfectly agreeable to specify that en Lot # 21 an additional sfdeyard be created to permit the same distance between houses that would normally be the case. THE CHAIR}¢~: Is there anyone present who wishes to speak against this application? (There was no response.) MR. TEPd~T: Yon might mention, for the record, that you saw the original foundation. THE CH~IENAN: That is true. ~. Emfth built a one-car garage and the man who contracted to buy the house wanted a two- car garage. Zt was slightly caty-corner, i am inclined to grant this application since recent decisions on zoning tend to support this type of thing~ end it shows hardship. ~!~. EUL~E: I thought he was going to convey. ~. B~R~: it would make £or an awkward situation. ~. TEERT, Building ~spector: In this particular lot, I don~t~think there is more~than one straight line in the whole- thing. ~MR. 'HUL~: I dentt think it would~ create hardship to move the line. He just has to angle this in. He doesn't have to change his £rontage a bit. ~ C~LRI~W: It seems simpler to do it the other way. Eowever~ if you would rather have it that way and the re~t of the Board will go along, we will do it that way. MR. TERRY, BUilding Inspector: It's going to afffect the deeds to two maps. " THE CHAI~_EAN: Assuming we denied this application, I think on appeal it would be overthrown. MR. HULSE: I don~t think that should be taken into con- sideration anyway. ~$e should make our decisions, and they make the ir s. TP~ CHAIRN~__M: Personally, I am not sure it's right that there.must be ~0,000 sq. ft. lots. There is no provision made for widows, schoolteachers, etc. My opinion, reinforced by a little reading, is that the arbitrary edicts that zoning imposes are going to be overcome; and in this case, it won't affect anything in particular. Is that the way you want to do it? Ft. GRIGONIS: It will ms_kc fo~ a lot of red tape if they have to change the line. After investigation and inspection, the Board finds that the applicsnt requests permission to construct addition to existing dwelling with insufficient sideys~d area. The house was designed with a one-car garage. ~fter the cement block foundation was built, a ~o ~o~ Terp contracted to buy the house but needed a two car garage. & two-car garage would be i ft. ~ too close to the side yard. M~. Smith owns the adjacent lot, L~t # 21, and would be agreeable to specify that on Lot ~ 21 an additional sideyard be created to permit the same distance between houses. The Board finds that strict application of the Ordinance would produce practical difficulties or uanecessary hardship~ the hardship created is unique and would not be shared by all properties alike Lu the immediate v[cinlty of this property and in the same use district; and the variance will not change the charaoter of the neig~hborhood, and will observe the spirit of the Ordinance. On motion by lz~. Gillispie, seconded by ~. Bergen, it was RE~OLVED George W.-Smith & Sons, Southold, New York, be GRANT~ aDproval to construct addition to existing dwelling with insufficient sideya~d a~ea. Location of p~operty: east side of Maille~ Court, Southold, New Yo_~k. This approval is g~anted, subject to the following condition: Condition: ~rnazev~r structure is located on Lot ~ 21 when, as and if it is sold shall be located at least 16~..fto-£rom the south line. Vote of the Board: Ayes:- Messrs. Gillispie~ Bergen, Grigonis. No:- ~. Hulse Application GR~2~TED, but not unanimously. PUBLIC HE~R~G: Appeal Po. 1350 - 8:00 P.M. (E.D.~.T.), upon application of Mary Bollman, Truman ~ath, East Mar~on,~New York, for a varian~ce in accordance with the Zoning Ordinance, ~rti~!e !II, Section 303~ and~ Article X~ ~8ction 1000Af~ for perm~ssiem~to build new one faw~ily d~flli~g with less than 100 frontage. Loca~i~ of property: south side of ~u~n Path, East ~rfon, New-Yor~, bonded north by Tru~ Path, east by W. Bollman, south by Gardine~s Bay~ west by E. Foster. C 0P~RECTI(~: PUBLIC HEARING: Appeal No. 1350 - 8:00 ~.M. (E.D.S.T.), upon application of~.Mary Bollman, Truman Path, ~East Marion, ~New York, for a variance in accordance with the Zoning Ordinance, Article /!~, Section ~03, aud~&rticle X, Section 1000A, for pemmissio~ to build new one family dwelling with tess than 100 ft. frontage.' Location of property: south side of Truman Path, East Fmrion~ New. York, bounded north by Truman Path, east by Earle Vail, south by Gardeners Bay, west by ~. Bollmsn. Fee Paid $5.00. The Chairman opened the hearing by reading the application for variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIR~: Is there anyone present who wishes to speak for this application? EDNA BR0~: I would like to point out the lot on the map. f~E CHAiRP.~: (Referring to map) Both lots, or just one? EDNA BR0~5~: ~s. Bollman has the lot next to it. She wants to have a home for each of her children. THE CFu~IRI~N: This will be transferred to the children. The depth will be 230 ft. Has the bay washed in that way? EDNA BROWN: i don~t think it has eroded. There's a pretty good beach in front. THE CP,~IRF~2~-: Is there anyone present who wishes to speak against this application? THE CH~IR, ~: I will offer a resolution that this applica- tion be granted.with the following conditions: that you will have to separate this out from your own lot. ~s it is now, you own 100 ft. and you propose to transfer ~0 ft. to one of your daughters, is that correct? This permission will become effective when you do that. - This goes back to 1948, before zoning. ~e could deny it because it is smaller than the p~esent minimum. However~ in cases like this t~t p~eceded the ordinance ~e tend to go 10% under. Tou are right on the border line. $~Yhat is being proposed for the future in the Town of ~outhold is a minimum lot size of"40,000 sq. ft. So this is not something that would ~egula~ly be done. ~RT BOLLM~2~: I would consider it a THE CHAIR24&N: ~ge are not doing you. a favor. We are offering this resolution because the transaction preceded zoning. There is no way to enlarge the lot. ~*~T BOLI~: It will be a load off my mind if something can be · done. ~DNA BRa: They are separate on the tax billS. ~L~RT BODi~M~: i bought the second lot two and a half years a~ter the original. THE CHA~P~M~: This has happened in other places where they have increased the lot size three times ~u the life of the owned- started as l0 ft., got to 20 ft., and then to 40 ft. The original owner could divide on what was in acceptance before 1926. Before 19~? there was no ordinence. You bought the lot before 19~?. ~;RT BOY~r.w~J~: A's soon as I transfer the lot to one of my children, I will be able to build? THE CNA31~w~: The Building Inspector will give you a permit to build a~ house. EDNA BRC~N.* Do they have to build ~ight away? ~. TERRY, Building Inspector: Tou may build any time after the transfer. After inVestigation and inspection the Board f~nd~ that the applicant requests permission to build new one dwelling ~ith less than 100 ft, frontage. The Board finds that the applicant owns 100 ft, and proposes to tr~usfer 50 ft. to one of her daughters. The property is smaller than the present minimum but goes back to 1948, be£ore zoning. The BQard finds that strict application of the Ordinance would produce hardship practical di£ficulties 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 ~r. G~llispie, seconded by M~. Bergen, it was ~ITE~O~VE~ ~ary Bollman, Truman Path~ East Marion, New York, be G~ permission to build new one fami~ dwelling with less th~ ~100 ft. f~ontage on p~operty located on seuth side of T~n Path, ~st M~ion, New Yo~k, subject te the Following conditions: lo Permission is not effective until the deed is registered in the CountyClerk~s office. 2. The applicant does not have permission to build a house until the deed is transferred to her daughter. Vote of the Board: ~yes:- ~essrs. Gillispie, Bergen, Grigonis, Hulse PUBLIC LT~RI~G: Appeal No. 13~,~8- 8:30 P.M. (N.D.S.T.), upon application ~of Ralph To Preston, inc., Greenport, New. York, for a variance in accordance with the Zoning Ordinance, Article ~, Section 300, for permission to use lot for storage of building materials, etc. Location of property: east side of Manhanset Avenue, ~Greenport, New York, bounded north by ~terling Cemetery, east by Barbara Dow, south by St. Agnes Cemetery, west by M~nh~mset Avenue. -Fee Paid $5.00. The Chairm~m opened the hearing by reading the application for a~variance, legal notic~ of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applic~ut. THE CHAIP~i~N: ~s there anyone present who wishes to speak for this application? ~TANIET COR~: I would like to speak in favor of the application, i would like to feel that the members of the Board are all personally aware of the situation. This particular piece of property is ~ot in any sense suitable for the type of operation that is permitted in a residential area. i mean the use that is permitted in a residential area~ under the zoning ordinance. I am saying the property can not be used for residen~tial purposes. The fact that a building can't be put there really amounts to confiscation of property. I~en nothing can be done, you a~e actually taking the use of the property from the property owner.., if a property o~er has to pay taxes on it and can't use it. It was with that purpose in mind that some time ago an application was made to the To~n Board. They were asked to withdraw. The Board, I am sure, is aware that across the street there is an industrial operation going on now. ~e would be willing to have the Board grout this applica- tion and impose some not unreasonable conditions appropriate to the operation. I have in mind height, as ~dicated, materials, re~trictions of that nature. THE CHAIEMA2~: The application states~ that yo~ need more storage space for materials so what you would store there is basically the same as that across the street. ~uyone else wish to speak? JOHN CO~TELLO: The material planned to be stored would not be the same as the timber across the street. The timber is pil~mg for floating equipment. ~torage of creosote material and creosote piling. Bock building material, generally. THE CHA~N~2~: is there anyone present who wishes to speak against this application? NANCY COOK: I live on Ch~mptin Place. My house overlooks this particular property, i am opposed to this appeal because i think it will do~ngrade this property and is possibly another move to have this area zoned for Business. I feel that storage is an eyesore to the neighborhood and the people I have spoken to also feel this way. I have also noticed that because of the use of this property, the property that comes alongside' of it now has garbage being dumped on it. Many times you find a great deal of debris. ~¢e have long been unhappy about the use of this property. The property across the street is being used for a boat warehouse. It was supposed to be zoned Residential. ~hen it was zoned Busimess we ~uderstood it was to be used as a restaurant site. ~e feel this is happening to us again. There are houses that are close by. Speaking of tax value, we have all had an increase in our assessment during the past week. There is no benefit as far as the neighborhood goes. T~nese pictures were taken of the property in question today. imagine you have seen them. TEE CH&L~2~: I looked at them today. NANCY COOE: That is ~nly a small portion of the property. Residentially, we live in that entire area. it was partially filled in by dredging. ~nere was not a great deal of property left over. THE CHA~': Does anyone else wish to speak? JOYCE TERRY: i am a ~uember of the Sterling Cemetery Association. I _eel very strengly about it. ~e spoke of it at the annual meeting in January and no one was~in favor of it. Sterling Cemetery is one of the most beautiful cemeteries, it has a lovely pond with goldfish. I, as a member of the ~ssociatlon am against the proposal. T~ CHAIP~MA~: Would you identify these pictures. ~R. COSELL0: This is the property in question. EiEANOR ~EET B&tIEY: I am a member of the ~te_vling Cemetery Association. .Mrs. Terry put a great deal o£ work ~ that pond, I am against. I~OIS i{UCHE~_~ER: I am a neighbor of Nancy Cook's. I look out of my windows and see what you label "A~ in that picture. I agree with everything I~s. Cook said. It%has a deteriorating affect on the neighborhood. It seems to encourage all kinds of disposal. THE CI~iRM~N: It attracts refuse? LO~ EU~HEIi~ER: I don~t think it has improved the polutlon problem. I think we need Residential zoning. I am opposed. MR. CORWIN: I would like to make observations. I would not want the Board to think we propose to do any kind of dredging. I am talking about the dredging that came up on the east side of the cemetery. There was dredging done east of that lot. Dredging was done north from there. We a~e not going to be able to get a boat across Manhanset Road. O~ly essential dredging. THE CHAIR~MAN: How big is this lot? I~R. CORe, IN: I dontt know, I~Ro COSTET.T~O: 120 ft. x 400 ft. THE CHAIR~-~N: Lu other words, it extends from the easterly border of the cemetery down toward Gull Pond. $,ll the way to Gull Pon~. ~MR. COSTELLO: excavation~ . Not all the way. ~nere is something in here, says "proposed MR. COR~I~: Right now the contours of this area are carved out naturally. It is a mosquito breeding 8mea. We would clean it out so there would be a tidal flow throughout the area. Itts a housekeeping situation there. THE C~IR~2~: %~e have no power to control dredging. MR. COR~!N: We just want to move some mud out of the way. NA,~CY C002[: i understand that dredging was done by a company that developed land to the east of this- Gull Pond Lane. A canal was dredged. I understand this greatly endangered the water table, and they felt any further dredging would affect the water table, Is it possible this could be a move to bring through another canal all the way through? This could be a start so that there would be water flowing all %he. way over. MR. COST~T,LO: It was a different company. }~. T~HRY, Building Inspector: Does the Board realize how low that cemetery is? THE CP~J~: Does anyone else wish to speak? 2~. COR'~I4T: The Board can take into considerat'ioa the absolute impossibility of competing with building sites in the vicinity. THE CH~!H?.~I~-,~ The basic thing that strikes me is that your application a~e us to bury the precepts of the Ordinance. I think this is beyond the power of the Board. It seems to me. that the remedy lies in a change of zone. I have no knowledge of why they asked you to withdraw the application for B zoning. ~. CORW~ i wish you would hold your opinion open. THE CHiIF~i~: ! don~'t th~k this is with~ the power of the Board. 2~. CORW~T: Would you afford us the opportunity of three or four days to put in a brief? TEE CHAIR~J~: This has, in effect, changed the uses for residential property. Ordinarily you would not consider putting B (business) zone next to a cemetery. Also, I understand that the people who live near the cemetery are very upset about it. ~EE CHAIRF~N: postpone decision. The Fmrina is business zoned. If the rest of the Board is agreeable we can MR. COR~IIi~: ~i!l you be meeting in the next week or two? THE CHAIRI*.2~N: This will be held off until July 30th. MRo COR%~IN: if there is a legal question involved we would like to have the opportunity to give the applicant a chance to submit a legal brief. On rc~otion by ~. Gillispie, seconded by Fro. Grigonis, it was RESOLVED that PUBLIC HE~R~G, Appeal I~o. 1348, be postponed until 7:30 P.M. (E.D.S.T.), Thursday, July 30, 1970. Vote of the Board: Grigonis. PUBLIC Ayes:- Messrs. Giitispie, Bergen, Huise, Appeal 1351, 8:45 upon application of .Virginia E. Fuicher, 7 Hariess Place, West Hempstead, t~ew York, for a variance in accordance with the Zoning Ordinance, Article I/I, Section 303, and ~_~ticle X, Section 1000A, for permission to set off lot with less than 100 ft. frontage. Location or_property: ~private road off south side of Peconic Bay Blvd., Subdivision Map of Edgemere Park, Map No. 742, part of lot ~ 14, Laurel, New York. Fee Pd.$~.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, ~ud notice to the applicant. -12- THE CHAIR~MA~: Is there anyone present who wishes to speak for this application? (There was no response). THE C~IRNAN: is there no one here £or the application of Virginia Fulcher? There is one thing i don~t understand. Does she own the other lots she mentions. ~. T~RRY, Building Inspector: %~e will get the map and see. I~. PiULSE: S~ae owns 15, 16, 17 and 18o (Referring to map). There are two houses on those fou~ lots. I~R. ~Y, Building ~spector: This is what she owns. THE CHAIRM~: She owns the roadway? ~. TERRY, Building Inspector: No. 2~R. CHAIRMAN: This is set off sep'arately. She proposes to make this ps. rt of this property merely by this action. We will have to postpone the hearing until we Find out who owns the road. On motion by ~. Gillispie, seconded by F~o H~lse it was ~RE~OLVED that hearing of Virginia E. Fuloher, 7 Hatless Place, ~est Eempstead, New York, be postponed until 7:45 P.M., (E.D.~.T.) Thursday, July 30, 1970. Vote of the Board: Ayes:- Gillispie, Bergen, Eulse, Grigonis. PUBLTC HE~RING: 'Appeal No. 1353, 9:00 P.M., (E.D.~.T.}~, upon application · of Eenryl Williams, Mechanic. Btreet, Southold, New York, for a special exception in aCcOrdance with the Zoning Ordinance, Article Iii, Section 300, Subsection 5 (a), for permission to extend~use of two family dwelling as~ ~non-conforming use. Location of property: ~ast side of Mechanic Street, Southold, New York, bounded north By Douglas Gummings, east by ~chanic Street, south by Do T. Emdth, west by P~ Bridge. Fee Pd.$5.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting tO its pub'licatlon in the official newspapers, and notice to the applicant° THE CHAIHMAN: Is there anyone here who wishes to speak For this application? HE~CRY W~I~: Yes, ~. am Henry Williams. I~e bought the house. ~t was a two-family house. ~e bought it mainly with the idea for investment for the future. We bought it July 9, 1966 (it may have been July 8th). THE CHAIRi~a~: ~inco that time what have you used the house for? H~.ve you had another family in it? THE CHAIRF~: situat ion?~ No. But it has two kitchens, two bathrooms. You have made no alterations to disturb that ~. WIZ~IAF~: No. We are asking protection for the family in case any~hing should ever happen to me. We 'are using the upstairs at the present time. THE CHAIP~MAN: it is a security measure for the future. You have no tenants in mind~ ~Ye are not asking out of curiosity- Just for the record. I guess it is clear that you now use both the upstairs and downstairs and have since 1966. it was used for 2% years as a two-family house before that. NH. ~- Who owned it before$ NH. WTLLIAMB: Arthur Bennett. THE CHAIRMAN: One other point, of£street parking would have to be created for the possible extra tenant. I think a condition should be that in the event you do use this as a two-family house, you should, create offstreet parking. MR. ~ILLIA~: The curb has been cut out. ~ CHAIRM~: You would, have to move a couple of shrubs. THE CHA~°~.w~j~o Is there snyone presentwho washes to speak against this appl~ca~Ono (There was no response.) After investigation and znspectmon the Board finds that the applicant requests a special exception for permission to extend use of two family dwelling as a non-conforming use, for a security measure for the future. There have been no alterations made. The house was used as a two-family dwelling for 2% years before 1966. The Board fin.d.s t~at. strlc.t, application of the Drdi~a~c.e ! e .~ract~ca-~ Gif~cu£~ies or ~nooessarY na~sn~p~ ~pu~d-P~9~'~ ~ea~e~ would og ~u~quean~ woulo, no~ ce. sn~reo_ by all properties alike ~ the i~diate vic~i~ o~ this property ~nd in the same use district; ~d the vari~ce will not change the ch~acter of the nei~bo~hood, ~d will observe the spirit o2 t~ 0rd~anoe. ~ motion by N~. Grigonfs, seconded by ~. Hulse, it w~s ~SOL~ Henry' Williams, Mech~ic Street, Southold, New York, be G~ special exception to extend use of two ~amily d~ll~g located east side of Mech~ic' Street, Southold, New York. ~is approval is ~nted subject to the ~ollow~g d~- dition: ~ the event applic~t does exer$ize this p~tvilege, off- street pa~king must be created~ at -least one c~ en t~ north side o2 the house. Vote o2 the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. --P~LiC ~R~G: Appeal No. 12~$, '9:1~ P.M. upon application o2 Lloyd Hamilton, ~ove ~ne, I~ttituck, New York, for a varisnce~ acco~a~c with the Zon~ ~din~ce, Article III, ~ction 30~, ~d Article E~ ~ection 1000A: for permission-to divide property and sell off existing cottages on lots with less than 100 Ft. Frontage ~d less than 12,~00 ~q. feet cZ area. Location of property: north sas~ corner of Bailie Beach Road, Mattituok, New Mork, botuuded north by ~ r-~ e south by Ba~lie Beach C~tullo-Allen, east by Catullo-~utl ~ Road, west by Bailie Beach Road. Fee paid $~.00~ ~e Chair~ opted the hearing by read~g the application a~fidavit attesting to for a. ~ legal notice of he~ing, ~t~ publication in the official newspaper~ ~d notice to the applicant. T~ C~N~: Is there snyone present who wishes to speak for this zppl~catm n~ ~0~ ~T0i~: -I have an application for extensions. Part will be started ~ ~ptember, the bal~nce done next year. I have Building Permits for l0 ft. ~ 12 ft. exteneions. ~nis.was ~ted about a month ago. Borne people w~.~ted a little larger bedroom. ~ C~~: Four of the nine cottages you have Building per~its s~or? (10~ x 12~) or 12' x 12') but no smaller 10~ x 12~. 2~o HAMILTGN: Nos. 1 and 2 are completed (10~ x 12'). If people want it, I got the permits so i could go ahead. THE CHAIR_MAN: You said something here in you~ reason... this is the remainder... Catullo-Allen is to the north. ~R. HA~TON: You made me give 25 ft. i can't keep giving 25 ft. ~hen I get to the end, I will have nothing. ~2. TERRY, Building Iuspector: ThatZs the one with the C in cinnat t i dr iveway. TEE CHAiR~MAN: These tenants, how long have they been tenants? LLOYD HAMILT0~: My oldest, ten years. I~. E~RLiN: ! have No. 3. t rented No. 5, ! also repre- sent three other potential buyers for Nos. 2, 7 and 9. I am an attorney, i am buying No. 3. THE CHALR~L~N: Was it your purpose to eventually come out here to retire? I~R. KA~RLIN: The cottages are not winterized. THE CHA_~{~: One of the first things you would need in winter is garages, and some of the sideyards are not quite adequate for garages. LLOYD FJ~iILTON: ! am almost positive they will never be year round. ~-hope they will want it kept as I have run it for 20 years. THE CHAIRMAN: I~m sure they do. You have done a wonderful Job. It's hard to guess if it will look the same. P~. H.~MILTON: I have first preference on taking it back. THE CI~IPJ~J~~: You are telling me that you are going to take back mortgages on all these properties? (Addressing ~. Karlin)- He is in no different position; he can'~t tell you what to do with the property, in the Town of Southold we are proposing to go 40,000 sq. ft. You have no more than 108,000 sq. ~ft. on this entire property. Under the new Zoning Ordinance, you would not be allowed to have more than two residents, ~o what you are asking for here is considerably more dense; it is even denser than the old Ordinance- 12,%00 sq. ft. I~R. KARL/N: %{as there a Zoning Ordinance at the time- 19%07 -16- THE CF~L~aN~ No, there was not. Z am not saying we should deny but we have to consider it carefully,$ and if it is granted, ! think there should be conditions as to no Further use oF sideyards. )R. F~MiLT~: T~ne extensions are to the east on every one. THE C~&~_W~$T: Z think what we would be concerned with is Bailie Beach Road. i am sure when F~. Terry gave you permits he checked about the interio-_~ of the property. Lot No. 4 is a tricky one~ This will be common area. They would have jcint ownership. MR. F~RLI~ i;~e have tenancy in common. Because off the 12,~00 sq. £t.~ we have to have tenancy in common. ~iq. H~MILTON: It's a pretty big play area. l~R. K2R~ LI~: That is what makes it attractive to ms. MR. E~MZLTON: I have been pretty ffussy. It took me a little while to ffigure the people. TE CH~.,,IRi~Jff: If anything happens to you? ~R. HAMILTON: i have a chance to take it back. I am not going to take any old gypsies who come in. ~t my age I want to sell. ~R. HULSE: Taxes. How will these appear on the tax map? You have to send a tax bill to somebody. .MR. TEP=RY: Each lot will be assessed a certai~n amo~mat- 1/gth. it's the same situation down at Raden Shores. ~veryone is assessed a little bit extra. MR. tf~tHLI~: Supposing there is a tax lien? ~. H~KfILTON: My wife, daughter, granddaughter will pay them. THE CHAIRI~N: You have the same problem in certain apartments- c on d omin iums. MR. TERRY, Building inspector: It's a cluster. THE CHAIRMAN: t would like to discuss this with the Town &ttorney. I am sure there are things I don~t realize that should be part of the Board's action, i am inclined to favor it. It would be for your own protection. Maybe the Board of Appeals could put together an action that might help you. We might point out some of the pitfalls. MR. F3~ELIN: A lien has already been pointed out. tt is being conveyed to all in common. I don:t want to pick up a debt of someone else. But, this is land, and land tax is not too great. I kaow Lloyd feels the same way. ~$e have a situation with respect to water and a co~on well and that well might eventually have to go out ~uto the recreation area. I understand that will be deeded to property o~ers in THE CEAIR3~_~: These are Association problems. ~. EARL~: ~e will form an informal one. There c~u~t be restrictions~that are unreasonable. ~e might have to go out there for water and for a ~storage shed/. THE CEAIR~: The only restriction I would conceive of is that it remain that way. MR. EARLIN: He is not going to build any more cabins. FA~. ~TON: This way it will give them the room they need. THE CHAIP~: How would you provide for maintenance? ~5{. E2~RL/N: The only maintenance is cutting the grass and putting up rope for kid's swings, etc. l~. Hamilton has reserved Lot No. 1. He is going to do it. THE CHAIRP~: if anything happens to ~. Har~ilton~ you will work out so~et~~ing else. ~.~. FQki,~T$1~: L~es, I have a neighbor, who lives right near me ~ who would- do it. THE CHAIRF~kN: You don~t think ~ything would be used in the winter. ~. EARL~: I don~t intend to use it in the winter. !~iaybe person to %uhom I.might sell might sometime in the future. MR. ~i~ILT0~: They would have to get a new pumping system. ~ney are not constructed for winter. There is no insulation. I am almost positive that no one i am selling to would consider it a year round home. What can ! do about people who want to sign contracts. ~R~ EARL21~: Contracts can all be made ~subject to~. MR. KkRLIN: How m~ny days after you ~ke your decision is it appealable, and who do you appeal to? ~n motion by i~. Gillispie, seconded by FL~. Bergen, it was RESOLVED that appeal for a varis~ce by ~. Lloyd Hamilton, LoVe ~e, :Mattituck, New York, for permission to_diVide property and sell off existing cottages on lots with less ths~u 100 ft. frontage and less than 12,500 sq. ft. of area, located north east corner of Bailie Beach Road, Mattituck, New York, be continued £or a final decision until 6:00 P.M., (E.D.S.T.), Thursday, July 30, 1970. Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. ' PUBr.tC HE~R/}FFG: Appeal No. 1311, 9;30 P.M. (E.D.S.T.), pursusnt to Section 267, S~fodivision 6 of the Town Law, of: the State of New York~ on the Board:s motion, a rehearing on Appeal No. 1311~ upon application of Joseph D. Zaiser, Mill Creek Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to locate carport (accessory use) in front yard area. Location of property: east side of Mill Creek Drive, Southold, New ]fork, bounded north by Wm. J. Miller, east by Mill Creek, south by P~ Forestieri, west by Mill Creek Drive. On motion by i~. Gillispie, seconded by ~f~. Bergen, it was resolved that Appeal No. 1311, Joseph D. Zaiser, be postponed until July 30, 1970 at the request of the applicant. Vote of the Board: Ayes:- Messrs. Gzll_sp~e, Bergen, Hnlse, Grigonis. PUBLIC HEAR~IG: Appeal No. 1338, ?:1~0 P.M. (E.D.~.T.), J~e 4, 1970, uppn application of Frances Seewald, Nassau Point Road, Cutchogue, New York, ~r approval of access over pr'iFate right-of-way in accordance with the State 'of New York Tov~ Law, SeCtion 280A. Vocation of property: private right-of-way off east side of Nassau Point Road, Map of _~assau Point,Club P~operties, /nc. ~ 1~6 Amended Map A, Lot ~ ~3, Cutchogue, New Yo~k. On motion by ~[v. Gillispie, seconded by i~. Hulse, it was .RES0~VED application of ~an~es-Seewald, Nassau Point Road, Cutchogue, New York, be GRk~TED aS requested, subject to the approval of the Building ]Znspector. Vote of the Board: Ayes;- Messrs. Gillispie, Bergen, Hulse, Gr igon is. -19- On motion by i~. Gilllspie~ seconded by P~E~0LVED that the minutes of the Southo!d Town Board of ~ppeals dated J~uue 18, 1970, be approved as submitted, subject to manor correction. ~RE~0LVED that the gctions of the Sout~old Town Board of Appeals dated June 18: 1970, be approved as submitted. .wJ~SOLVED: The Sign Permit Renewals for the month of June were reviewed, approved and signed. Vote of the Board: Ayes:- i~essrs. Gillisple, Bergen, Hulse, Grigonis. On motion by F~. Gillispie, seconded by Mr. Bergen, it was RE~0L~ that the ~outhold Town Board o£ Appeals set 7:30 P.M. (EoS.T.) Thursday, July ~0, 1970, at the Town 0~ffice, Main Road, ~outhold, New York, as the time and place off hearing upon application off Ralph T. Preston, Inc., Greenport, New York, For a varisace in acco~esmoe with the-Eoning Ordinance, A~ticle III, Section 300, for permission to use .lot for storage off building~ materials, etc. Location off property: east side oF Msmhanset Cemetery, Greenport, New York, bounded north by Sterling Cemetery, east by Barbara Dow, south by St. ~gnes Cemetery, west by Manhan set Avenue. Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. On motion by ~. Bergen, seconded by ~. Hulse, it was RE~OLVED that the ~outhold To~m Board o£ ~ppeals set (E.~.T.) ~ursday, July 30, 1970, at the Town OFfice, Main Road, ~outhold,.New York, as the time and place off hearing upo~ appli- cation of Virginia E. Fulcher, ? Hatless Place, West Hempstead, New York, For a varis~uce in accordance ~with the Zoning Ordinance, Aeticle III, Section ~05, and ~rticle Y., Section_1000A, For per- mission to set off£ lot with less than 100 ft. ffrontage. Location off property, private ro~d offff south ~ide of Peconio Bay'Blvd., ~ubdivision Map o£ ~dgemere Park, Map No. 742, part o£ lot ~ l~, Laurel, New York. Vote off the Board~ Ayes:- Messrs. Gillispie, Bergen, Hulse, Gr igonis · On motion by. i&e. Grigonis, seconded by ~I~. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M., (EcS.To), Thursday, July 30, 1970~ at the To~m.Office, Main Road, Bouthold, New York, as the ti'ms and place of hea~ing upon appli- cation of ~oyd Hamilton, Love ]Lane, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Amticle /il, Section 303, and ~.~ticle X, Section 1000A, for permission to divide property and sell off existing cottages on lots With less than 100 ft. frontage $nd less than 12,500 sq. feet in area. Y. ocation of property: north east corner of Bailie BeaCh Road, Mattituck, New York, bounded north by Catullo-Allen, east by Catullo-~ittle, south by B~ilie Beach Road, west by Bailie Beach Road. Vote of the Boszed: ~.yes:= Messrs. Gill~spie, Bergen, Grigonis, Hulse. On motion by ~k~. Hulse, seconded by ~. Bergen, it was · RES0LVED that the $outhold Town Board of Appeals set 8:15 P.M., (~.S.T.),-Thursday, July 30, 1970, at the Towu~0ffice, ~&%in.Road, Southold, New York, as the time and place of hearing upon appli- cation of H. M. De,rest & $ons~ ~in Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1003, for permission to renew fa~r~ labor camp permit. Location of property: south side of Ma~.~ Road, O~ient, New York, bounded north by J. Rodden, and others, east by other land of the applicants, south by Narrow River Road, west by Meyer, Freeman, and others. Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. On motion by ~. Bergen, seconded by ~. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.}I. (E.S~.T.) Thursday, July 30, 1970,' at'the Town 0ffioe, Main Road, Southold,.New York, as the time a~d place of hearing upon applica- tion of Adrianus and ~eri~ua Van Ryswyk, Legion Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance. Article III, Section 303, and Article X, Section 1000A, for per- mission to-se~ off lot with lews than 100 ft. frontage. Location of property: south side of Legion Avenue, Mattituck, New York, bounded north by ~egion Avenue, east by A. Van Ryswyk, south by Mileska-McGrath, west by A. Van Ryswyk. Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Grigonis, Hulse. On motion by ~. Grigonis, seconded by I~. Gillispie, it was RESOLVED that the ~outhold To~ Board of APPeals set 8:45 P.M. (E.~.T.),-Thu_~sday, July 30, 1970, at the Town OF£iOe, Main Road, Southold, New York, as the time and place of hearing upon appli- cation of Marion Couloucoundis, Soundview Avenue~ Southold, New York, For a variance in accordance with the Zoning Ordinance, Article Iii, ~ection ~00, Subsection 6. and Section.309, for permission to remove e~isting accessory building and replace with larger accessory building with ~' ' ~zv~ng quarters. ~ocation of property: north side of So~dview Avenue, Eouthold,~New York, bounded north by L~ L Sound, east by J. L~ Dowden, south by Soundview Avenue,~ west by Meadow Point Properties. Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. On motion by ~lr. Bergen, seconded by Mr. Hulse, it was RE~OLVED that the ~outhold Town Board of Appeals set 9:00 (E.S.T.) T~n~sday, July 30, 1970, at the To~a Office, Main Road, Southold, I~ew York, as the ti~_e and place of hearing upon appli- cation of James Phillips, ~esland Road, Southold, Mew York, £or a variance in accordance with the Zoning Ordinance, Article Section 303, and Article X, Section 1000A, for per~ission to divide lot with insufficient area. Location of p~operty: Chesnut, Birch, & ~esl~nd Roads, ~outhold, New York~ bounded north by ~esland Road, east by Birch Road, south by Ches~ut Road, west by H. Metzendorfo Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. On motion by ~. Hulse, seconded by :~. Grigonis, it was RESOLVED that the Southold Town Bos_~d of ~ppeals set 9:1% (E.~._~.), Thursday, July 30, 1970, at the Town 0££ice, Main~Road, So~thold, New York, as the time and place of hearing upon appli- cation of Matthew Rao, 1~33 Madison Avenue, West Islip, New York, for a variance in accord~ce with the Zoning.Ordinance, Article Section 30%, for permission to build new one family dwelling with reduced front yard setback. Location'-o£ property: east side o£ Salt Aire Way, Map of Salt Aire Estates, Lot No. 27, Mattituck~ New York. Vote of the Board: Hulse. Ay s.- Messrs. Gillispie, Bergen, Grigonis, On motion by ~!~o Grigonis, seconded by ~. Hulse, it was RESOLVED that the Southold Town Board of Appeals set (E.~.T.), Thursday, JUly 30, 1070, at the Town Office, .~outhold, New _York, as the time and place of hearing upon applica- tion of Emma Enterprises, !nc., Main Read, Po 0. Box 786~ M~ttituck~ New ¥ork~ for a special exception in accordance with the Zoning Ordinance, Article I~I, Bection 300, Subsection 9, for permission to erect an on premises subdivision identification sign with reduced setback. Location of property: southwest corner of Peconic Bay Blvdo, and .Delr.~ Drive, Map of Laurel Country Estates, Laurel~ New Vote of the Board: Grigonis ~ Ayes:- Messrs. Gillispie, Bergen, Hulas, Meeting was adjourned at 10:30 P.M.