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HomeMy WebLinkAboutZBA-05/27/1971 APPEAL BOARD ME'~BER Robert W. Gillispi¢, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119~1 Telephone 765-26~0 MINUTES 3~;THOLD TOWN BOARD OF APPEAL~ May 27, 1971 A regulsm meeting of the Southold Town Bosmd of Appsals was held at 7:30 P.M., Thumsday, May 27, 1971, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gtllispie, Jr., Chairman; Robert Bergen, ~ed Hulse, Jr.; Charles Grigonis, Jr. Absent: Serge Doyen, Jr. kuMLIO HEARING: Appeal No. 1~29 - 7:30 P.M. (E.S.T.), upon application of Nelson LTD, 346 West Isllp Blvd., West Islip, New York a/c Fred Yoerges, Deer Drive and Cindy Lane, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 300, -~ubsection 6, and A~ticle III, Section 309, for permission to locate accessory structure (swimming pool) in sideyard ames. Location of property: Deer Drive and Cindy Lane, ~ubdivision Map of Deer Pamk, Lot No. 6, Mattituck, New York. Fee paid $5.00. The Chairman opened the hemming by reading the application fo~ a vmmiance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRNAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is the~e anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant ~equests permission to locate accessory structure (swimming pool) in sideyard area lo~ted D~e~,D~_ive ~nd Cindy. Lane, Mattituck, New York. The finn~ngs cz ~ne ~oaru are ~na~ pool will be installed well back of the established setback, and fenced in. The pool will be nearer to the rear of the -2- house enabli~ applicant and his neighbors to maintain privacy. The Beard finds that strict application of the O~dinance w~ld produce practical difficulties or unnecessary hardship; the hardship oreated is unique and would not be sha~ed by all properties alike in the l~uediate vtoimity of this property amd in the sa~e use district; and the variance will not change the character of the neighborhood and will observe the spirit of the 0~dinance. On motion b2 Mr. Bergen, seconded by l~v. Grigonis, it was RE3OLvK~ Nelson IA'D, 346 West Islip Blvd., West Islip, New York a/c Fred Yoerges, Deer D~tve and 0indy Lane, Mattituok, New York, be ~L~TED permission to locate acoessoru structure (swim~i~ pool) in sideyard a~ea on property located at Deer D~ive and Cindy Lane, l~attituck, New York, as applied for. Vote of the Beard= A~es=- ~essrs= Gillispie, Bergen, Hulse, G~igonis. I~BLIC ~a-- Appeal No. 1~28 - 7:~ P.M. (E.S.T.), upon application of A~mando Cappa d/b/a The Ba~ge Restaurant, ~ain Road, ~o~thold, New York, for a special exception in accordance with the Zenin~ O~di~ance, A~ttcle YII, ~ection 300, ~bsection 10, for pex~aission to erect an off-premises directional sign. Locatioa of p~op~: la~ ef ~oseph ~k~ski, south si~e of ~tn R~, ~tho~, New Yo~k, housed no~th by ~in Road, east ~ ~edon Estates ~bdivision, s~th division, west ~ C. ~ocia. Fee paid $%.00. The Chairman opened the hea~ing by reading the application for a special exception, legal notice of hea~lng, affidavit attesting to its publioaticn in the official newspaper, and notice to the applicant. T~E C~AIRIA~ = directional sign. This application is for a 4 foot by 6 foot The sign will have to be put on a post; not THE OHAXRMANt Is the~e anyone present who wishes to speak for this application? (There was ne response.) THE OHA~= Is there anyone present who wishes to speak against this application? (~here was no response.) After investigation and inspection the Board finds that -3- applicant requests permission to erect an off-premises directional sign on land of ~oseph l~ukowski, so~th side of ~n Road, ~thold, New Y~k. T~ findus ef the B~a~d ~e that will ~tiae ~ ~zee, a ~staur~t on t~ ~ ~in R~, not dl~eot~ on.R~te 25. ~ ~eat~t la ~et ~ok en the e~eek ~ont, so~eened by ot~ boat~ds, f~shi~ stations, ets. ~ appli~t p~oposes t~ locate this sign to the west of Joseph ~k~skit8 B~n, on the s~th side of t~ ~ln Road. ~ application Is signed ~y ~oth the property owne~ a~ T~ Bo~d fi~s t~t t~ public convenience and ~e Justice will be se~d ~d t~ ~sa~ establis~d or permitted use of nei~o~ho~ p~ope~ty a~ ~Joinl~ use districts act be ~ent~ o~ aubst~tial~ l~ed and t~ spirit of t~ 0~di~noe ~ be obse~d. ~ ~tion ~ ~. G~igenis, seconded bY ~. ~gen, tt was ~0Lv~ ~m~ Cappa ~/a ~ B~ge Restrict, R~d, S~thold, New Yo~k, be ~ ~ission to e~ect an ~f-p~e~ses ~i~eotio~l sign on ~nd of Joseph ~kowa~, s~th si~ of ~ln Road, ~tho~, New Yo~k, subJeot to fell~ eo~itio~ s 1.. ~is per,salon a~ll be subject to all the ~u~a gove~nt~ si~s. 2. Sign ~ not be p~oed on b~; si~ s~ll be p~oed on a pos~. 3. Sl~ ~y be e~eoted no olose~ t~n 10 feet to a~ property line. Vote of the Bo~ds A~s:- Messrst Glllispie, Bergen, ~e, G~lgonis. A~.TO BEARXNG~ Appeal No. ILL30 - 8100 P.M. (R.S.T.), upon New Yo~k, foF a ~lanoo i~ aoco~aanoe ~n ~ ~onx~ ~iob ~I, ~otion ~03, fo~ pe~ission to set off lot ~th less t~n X00 ft. f~entage, ~ fo~ approval of access over p~lvate ~l~-of-~y in aoo~d~oe ~th New Yo~k T~ ~w, ~otion 25~. ~oatien of p~oper~i south side of ~ive, ~ttituok, New Y~k, b~nded no~th ~ Naugles ~l~, east by Gols-~glia, s~th by ~oaeph ~o~ande, west ~ E. ~noff, J~. Fee paid $%.00. T~e Ohaimaan opened the hea~ing by ~eading the application for a variance, logaX notice of hea~ing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. TH~ C~AXRI~AN: Is there anyone present who wishes to speak for this application? FA~. PETER V~GNES= I have a map of the property. (N~. Vigne presented the map to the Boaz~ and a discussion followed.) Tt~ CltAIRNAI~= You own all of this as one piece. On minor subdivision, this is a matter you take up with the Planning Board. l~.~. ~ VIG~E3~ ~Paat is our next step then? T~E CHA]2J~AN: Assuming that permission is g~anted to set off the lot, you~ next step is to see the Planning Board. On 7anua~y 1st of last yea~ they went to an acre. This a~ea is not very populated. T~ CHAIRNAN~ Is there a~one present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to set off lot with less than 100 foot frontage and fo~ approval of access over private right- of-way on property located south side of Nangles Drive, Hattituck, New York. The findings of the Board a~e that applicant is unable to maintain home and property Because of necessity of moving to warmer climate, and the variance would facilitate disposal of property without tmpai~ing the appearance of the ~ea. The B~a~d finds that this is a reasons~le request and, therefore, agrees with the ~easoning of the applicant. On marion ~y ~. Glllispie, seconded By ~i~. Bergen, it was RE~OLYF~ Y~ma & Peter Vignes, Naugles Drive, Hattituck, New York, Be GRAI~TED pex~atssion to set off lot with less than 100 ft. frontage~ and for approval of access over private-right- of-way in accordance with New York To~n Law, Section 280A, on property located south side of Naugles Drive, Hattituck, New York° Vote of the Boa~d~ A~es~- Hessrs: Gillispie, Bergen, Itulse, Gr lgenis. A~LIC I~RING~ Appeal No. 1~31 - 8:15 P.M. (E.3.T.), upon application of Arnold Beheer, 7 B~s ~ne, G~dem Ct~, New Yo~k a/c 3~ Be~e~, Nassau Point Road, Cutchogue, New Yo~k, fc~ a vari- ance in second,ce ~ the Zont~ ~dinance, ~ticle III, ~otion paid $5.00. The Chairman opened the hea~ingby reading the application for a variance, legal notice of hearing, affidavit attestin~ to its publication in the official newspaper, and notice to the applicant. T~ CHA~?J~AN= We told the applicant that it would not be necessar~ for him to appear hers tonight. Re would like to have a double carport with lattice on the sides. Re has a couple of big trees on the propel-fy about 60 feet from the road so this is the only useable place for the ca~port and storage. THE CHAIR14ANI 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 per~ission to locate acoessox~y building in front yard area on property located east side of Nassau Point Road. The Board finds that the lot fronts on Nassau Point Ro~I and backs up on the Bay, and that it is so situated that this is the only useable place to build the required building. The existing buildings at the middle area of the lot ~ake it l~possible to build in the ~earyardarea. The lot is deep and has its highest part in the o~nter where the dwelling is located; the front (streetside) slopes up from the highway leaving only a small area suitable for building. There are several other dwellings this side of Nassau Point Road which have thef~ accessory buildings between the road and the main dwelling. 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 l~v. Bergen, seconded byl~-~. Grigonis, it was RE30LVED A~nold Beheer, 7 Barnes Lane, Garden City, New York a/c Sarah Belx~er, Nassau Point Road, Cutohogue, New York, be ~A~ per~ission to locate accessory building in front yard area on property located east side of Nassau Point Road, Cutohogue, New Yo~k, subject to the following conditions: Accessory building shall be placed no closer than 3 feet to the southerl~ line of the property, and no closer than 50 feet from the road. Vote of the Board= Ayes:- l<easrs: Gillispie, Bergen, ~lse, Grigonis. -6- PUBL_VC I/EAR~I/G: Appeal No. 1~32 - 8:30 P.1/. (E.-~.T.), upon application of Ruth 3. Bailey, Broadwaters Road, Nassau Point, 0utchogue, New York, for a variance in accordance with the Zoning O~dinance, Article ITI, ~ection 307, and Article X, ~ectisn X000B, for permission to convert existing accessory building into private one family dwelling with less than 850 sq. ft. of living area and with less than required sideyard a~ea. Location of property: west side of Broadwaters Road, ~ubdivision I/ap of Nassau Point l~operties, part of lot no. 265 & part of lot no. 266, Outchogue, New York. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesti~ 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? ~. RBTH 3. BAILEY= We do have four _~arried children, and ten grandchildren, and a very small dining room. THE CHAll~/A~.' ~/e wo~ld be permitted to allow guest accomo- clarions, without cooking facilities. 1~. BAi'/2~Y: I wo~ld only be interested in a sin~. THE CHAIRI~AN: Our problem in zoning is that the Ordinance says one house on one lot. When someone proposes two houses on a lot the lot has to be divided. What determines our thinking is whether a second dwelling unit has cooking facilities. 1/RS. BAILEY= I Just want a sink. I have a bathhouse with showero THE CI~I~lq~: This would only provide sleeping aooomodations, no heat in the house. You could not rent it. Those a~e some of our considerations. l~R~. RUTH BA~XEY: We dontt intend to use it except for the family. T~E OHA~D~A~: Is ~he~e anyone present who is agains~ this application? [~e ~as no response.) ~ter investigation and inspection the Bo~d finds applic~t requests pe~izsion tc c~nve~t existi~ aecesso~ ~ui~i~ in~o private one fami~ d~lling ~ith less ~ 8~0 sq. ft. ef livi~ area and with less than required sidey~d area on proper~ located west side of Broadwate~s Road, Outcho~e, New York. ~ fi~i~s of t~ Bo~d ~e that applicant wis~s use aoaessc~ buildi~ to acco=~ate several ~dchil~en who visit d~ the su~=. Applicant ~s a y~y dee~ lot - about ~70 feet f~o~ ro~ to water, rent. ~ dweAAx~ aha accesso~ -7- building are 120 feet apart. The accessory building is an existing structure. Applicant is not interested in installing cooking facilities. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the O~dlnance would pre~uce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared IU all properties alike in the ~_mmadiate 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 ~otion by F~. Gillispie, seoonded by Er. Bergen, it was RF~OLV~v Ruth S. Bailey, 2200 Broadwaters Road, Nassau Point, Cutchogue, New York, be GRANTED permission to convert existing accessox~y building into private one family dwelling with less than $50 sq. ft. of living area and with less than required side- yard area on property located west side of Broadwaters Road, Cutohogue, New York, subject to the following conditions: 1. No cooking facilities may be installed. This accomodatton ~ay never be rented. There will be no enlargement of the present lmildings oB the property. 4. At no time will any variance be added to this variance. Vote of the Board: Ayes:- ~ssrs: Gillispie, Bergen, ~lse, Grig,mis. A~BLXC BEAR~G: Appeal No. 1~33 - $.45 P.~. (E.S.T.), upon Baldwin, New York, for , o~ fami~ d~XXi~ with ~educed frenty~d setback. ~cation of property: s~thwest co,er of Cleaves Point Road ~d East Gillette ~ive, ~divis~on ~ of ~ion~nor, ~$ No. 1, East ~lon, New Yo~k. Fee paid $~.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hea~ing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. TBE C~= Ia there anyone present who wishes to speak for this application? (Roy Duryea and Stanley Guzauskas indicated that they were present to speak for the application). THE CHAIRMAN~ (Referring to application) Is this a correct statement that part of the lot is under water? -8- I~R. DUR~EA= About seven feet is under water. The beach is cut away. TBE CEA]I~: This was set ap in the fifties and you have lost beach since then. Do y~A thi~k you can furnish 50 feet? I~. ~UZAU3EA~: l~e donlt want to go back as fa~ as 50 feet from the road. Can we ~ake it 38 feet? T~E CHA~V~N: Lefts -,,Be it 40 feet. After investigation and inspection the Board finds that applicant requests permission to erect private one family dwelling with reduced frontya~d setback on property located southwest corner of Cleaves Point Road and East Gillette Drive, East l~a~lon, New York. The Board finds that this dwelling can not be set back the average distance of existing dwellings as the lot is onl~ 154 feet deep and is partiall~ covered with water. The average setback is 100 feet. The lots that the other dwelXings are on a~s ~uoh deeper but the existing dwellings a~s not in line. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would l~rcduce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared ~y all properties alike in the l~auediate vicinity of this property and in the sa~e use district; and the variance will not chan~e the character of the neighborhood and will observe the spirit of the Ordinance. On motion by F~. Hulse, seconded by Mr. Bergen, it was RF~OLVED Roy Du~yea & 3tanley Guzauskas, 493 Baldwin Avenue, Baldwin, New York, be ~tAI~TED permission to erect private one family dwelling with reduced frontya~d setback located southwest corner of Cleaves Point Road and East Gillette Drive, East Marion, l~ew York, subject to the following conditions: That the house to be erected shall be no closer than 40 ft. to Cleaves Point Road, measured from su~veyerts line to the lot line established by Cleaves Point Road; no closer than 35 feet to parking lot which establishes the lot line on the eastern line of the property; and no closer than 10 feet to the westerly line. Vote of the Board: Ayes:- X~essrs: Gillispie, Bergen, I~Alse, Grigonis. -9- Ga motion by 14~. Gillispie, seconded By Mr. Hulse, it was RE~OLVED that pursuant te 3ection 267 of the T~wn Law a rehearl~ wiX1 Be held at 8..30 P.1/., Thursda2, June 17, 1971, at the Tew~ Office, ~ain Road, ~outhold, New York, on Appeal No. 237 dated Neve~er 12, 19%9, upon application of Peter Y~eh- successor ih interest- present e~ner David Strong, Ca~p Hiaeola Road, Nattituok, New York- for special exception in accordance with Zoning O~dinance, Article III, Section 300, Subsection 3A, for permission to operate a~ expanded ~ari~a. Vote of the Boa~d: Ayes.-- Hessrs.. Gillispie, Bergen, ~Alse, Or lgon is. On ~otion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the minutes ef the Bo~tholdTownBeard of Appeals dated May 6, 1971, Be approved as submitted, subject to Vote of the Board: Ayes..- Messrs.. Gillispie, Bergen, Hulse, Grigenls. On ~otionby Mr. Grigonis, seconded by Hr. l/alee, it was RE~Y~V~D that the next re~ula~ meeting of the Southold Tc~m Board of Appeals will be held at 7..30 P.H., Th~sday, June 17, 1971, at the Town Office, l~ln Road, Bouthold, New York. Vote of the Boa~d: Ayes~- Messrs.. Gillispie, Bergen, ~ulse, G~lgenis. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7~30 P.H. (E.8.T.), Thursday, June 17, 1971, at the Town Office, Nain Read, ~thold, New York, as the time and place ef hearing upoa application of Joseph Giosota, 106 Asharoken Avenue, Northport, New York, Peter D. Pizzarelli, 20 PinoakLane, Jams, New York, & Reuben Wecker, 3 youngts Lane, ~etauket, New Yoek, for approval of access aceo~dance with the State of New Locatio~ of property., south side of l~atn Road, East Marion, New York, bounded north by l~ain Road, east by Vail, south by 0~ient Ha~bor, west by Hukill. Vote of the Board~ Ayes~- Messrs.. Gillispie, Bergen, Hulse, Grigonis. -10- On motion by lit. Grigonis, seconded by H~. Hulse, it was RE~OLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.S.T.) T~._~_rsday, ~une 17, 1971, at the ~vn Office, llain Road, -~outhold, New York, as the ti~e and. place of hearing upon application of Robert Feaker, Cutchogue, New York, for a special exception in accordance with the Zoning 0~dinance, A~ticle III, ~ection 300, ~bsection 5 (d), for perwaission to establish and operate a riding academ~ and po~y rides. Location Road (OR 27), Outchogue, New York, bounded north by ~. ~xmoxx · oolety for the P~opagation of the Faith, east by A. & B. Pawluczyk, south by Middle Road (0R27), west by Thomas ~halvey. Vote of the Board-' Ayes:- I/essrs: Gillispie, Bergen, Hulse, G~igonts. On motion by lt~. Bergen, seconded by Mr. Gillispie, it was I~SOLVED that the ~outhold Town Board of Appeals set 8:00 P.I~. (l.3.T.) Thnrsday, JUne 17, 1971, at the Town Office, Main Road, ~o~thold, New Yo~k, as the time and place of heari~ upon ap~lication of ~alte~ ~isniewskl~ Grand Avers, ~tt~tuck, New Yerk, for a v~iance tm acco~ce wi~h the Zoni~ ~inance, ~ticle ~, ~ction 305, fo~ pe~mission to construct an addition to existi~ dwelli~ with ~educed frontya~d setback. ~ation of property: west side of Grand Avenue, ~ttitack, New Y~k, b~ed no,th ~ He~y Zi~oski, eas~ by Grand Ave~e, south ~y N. Brusich, west by Ro~t. Ho~elder. Vote of the Board:- Ayes:- Messrs. Gillispie, Bergen, Hulse, Gr igonls. On motion by Itv. Gillispie, seconded by H~. Grigonis, ~t was RF~OLFgD that the 3outhold To~n Board of Appeals set 8~15 P.M. (E.3.T.) ~rsday, June 17, 1971, at t~ Town Office, ~t~ Road, ~thold, New Yo~k~ as the ti~ and place of hea~l~ upon application of Paul ~s~ch, ~lene ~ne, ~ttitack, New York, fo~ a v~ianoe in accordance with the Zonin~ ~dinanoe, ~tiole III, ~ction 305, for pe~isslon to construct addition to extsti~ d~lli~ with =educed frontya~d setback. ~cation of property: west side of ~lene ~, ~t~ituck, New York, bounded north by W. ~. ~il, east by ~rlene ~ne, south by ~oe Panni~, west ~2 ~ttituok Park ~ope~ttes 3ubdivision. Vote of t~ Bo~d: Ayes:- ~ss~a: Gillispie, Bergen, ~lse, G~igonis. -11- On motion lry Mr. I~lse, seconded by Mr. Bergen, it was RF~OLVED that the So~thold Town Board of Appeals set 8=30 P.M. (E.3.T.), Thursday, ~une 17, 1971, at the Town Office, Main Road, Bouthold, New York, as the ti~e and place of hea~ing upon application of Donald & Viola l~eyer, 115 Ash Street, Westwood, New ~ersey 0?6?5, for a variance in accordance with the Zonin~ ~dinanae, A~ticle III, ~ection 305, for permission to constr~ct addition to existin~ dwelling with reduced frontyard setbaak. Looatlon of property: south side of Avenue B, Fishers Island, New York, bot~nded north by Avenue B, east by ~. ~. Doyen, south ~y D. Gallagher, west 1~ Henry Zabah~nski. Vote of the Board: Ayes:- Messrs: Gtllispie, Bergen, I~lse, G~lgonis. The Meetingwas adJct~ned at 10:40 P.M. Respectfully submitted, 3outhold To~n Board of ~ppsals Robe'r~ ~."~XAA~spXe, ~.';'U~rman