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HomeMy WebLinkAboutZBA-05/06/1971$outhold Town oar o eals SOUTHOLD, L. I., N.y. 11971 ' Telephone 765-~660 APPEAL BOARD MEMBER Robert W. Gillispi¢, Jr., ChaJrben R0bert Bergen Charles Gri~]onis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHO~ TO~.T BOA~.D OF A regular 'meeting of the $outhold Town Board of Appeals was held at ?:30 P,M., Thursday, May 6, 19?l, at the Town OFfice, Main Road, ~outhold, New York. There were present: I~essr~: Robert ~. Gilli.spie, Jr., Chair- man; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr. Ab~en~. ~!v o ~erge .~eyen, Jr. PUB];IC HEAR~G: Appeal No. 1~21 7:30'P.M. (E',D.E.T.), upon appl'~cation of W-illiam & Evelyn G~nther, ~igsbee Road, Mattituck, New York, ~or a variance in accordance with the Zoning Ordinance, ~ticle III, ~ction 303, and ~ticle X~ Section 1000A, For permission:to set o~F lots with ins~ficient frontage. Location oF property: west side of Marlene ~ane, Mattituok, New York; bounded north by Albert Biggs, east by M~lene ~ne, south by G. Moshier, we~t by .~t~tuok Pa~k Prop. ~ubd_vis~on. Fee paid app Ii c ant. T~ C~~: The application is accompanied by a survey of Van-Tuyl d~ted March 2~, 1971 indicating that the premises unde~ discussion are as described by the aDplicant. ~. B~G~N: -(Referri~ to s~vey) %%at is p~t eF this lot on the west side bo~uded ~. ~vi GUN~R: ~iattituck P~k Properties. (one ~ neighbors has 6 ~eet and another has ~0 Feet) I have the rest. This is what they call Mattituck Park ~operties Smbdivision. ItIs on both sides oF Sigsbe& Road. ~. GU~g~R: These lets were lald out 17~ ft. x 14~ ft. ~hen _r purchased the lots I purchased them as two lots. On the Deed it says ~ 27 and ~ 28. Now we Find it's considered to be one lot. THE CH~LR~: Does anyone else wish to speak for this app li c at i on? (There was no ~esponse.) THE CH~MA2~: Zs there anyone present ~_o wishes to speak against this. applicat ion? (There was no response. ) TB~ C~IRM~-: I would like to add that we have granted this same type of relief on Sigsbee Road before. I would have to agree with the reasoning of the applicant. After investigation and inspection the Board finds that the applicant requests permission to set off lots with insufficient Frontage. The two adjoining lots numbered 27 and 28 were pur- chased with the intention that they be used as two separate parcels to be available to applicant's children if they wished to settle in the area or if the need arose for financial reasons during applicant's' retirement it would not be necessary to sell both lots. Applicant's home adjoins one lot. The overwhelming ~jority off plots are smaller than present zoning requirements. The neighborhood pre-exists the Ordinance. ~ae Board is in agreement with the reasoning of the applicant. T!~e 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 ir~ediate vicinity of this property and in the same use distrlot; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by ~w~. Bergen, seconded by Mr. Hulse, it was RE~OLVED ~Willlam & ~velyn Gunther, Sigsbee Road, Mattituck, New York,~.be~GkR~2~T~D permission to set off lets with insufficient frontage located on.the west side of Marleue Lane, ~attituck, New York, bounded north by ~lbert Biggs, east by Marlene Lane, south by G. Moshier, west by Mattituck Park Prop. Subdivision, as applied for. Vote of the Board: ~yes:- i~essrs: Gillispie, Bergen, Hulse. l~BLiC HE.~iNG: Appeal No. ~!22 - 7:45 P.M. (W~.D.S.T.), upon application~ of Gladys W~ilkins, 504 Bay 5th ~treet, West Islip, New York, for a variance in accordance with the ~o. ning Ordinance, ~vticle iii, Section 304, for permission to set off lot with existing dwelling with insufficient front yard area on proposed new right-of-way. Location of property: north side Main Road (Route 25), Orient, New York, bounded north by Stewart Dorman & Ano., east by J. Tuthill & J. Dyer, south by Main Road, west by Helen E. Gilbert. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its p~.blication in the official newspapers, and notice to the applicant. For the Record: Correction in description of property: (bounded north by J. Mackay_c_~ to bounded north by Stuart Dorman & ~no.). The Chairman excused himself from this hearing because of a possible conflict of interest. ~. ~ H~L~E., ~ct~ Chairman, opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the o~_~cial newspapers, amd notice to the applicant. i~. ~i~E: The survey of the premises bears out what has already been said in this application. Is there anyone present who wishes to speak in favor of this application? ~. ROBERT W. G!i~iSPIE, I!¢. Fmcs G!adys Wi!kins who is the applicant in this hearing has been encumbered by a State ~h~ fact that she might taking which never took into account ~ ~ need 50 £eet for access to her property in Orient. This applica- tion is to accomplish that access. l~. HU~: Does anyone else ~sn to speak in favor of this application? MRS. Wi~S: I did not realize that Z had to have 50 feet. They never consultea~u . ~. im~JI~: Is there anyone present who wishes to speak against this applmcatmon. (There was no response.) ~. ~GDSE: !~think You people have been penalized by what the ~tate~has done. There is no other alternative in this matter. I believe that bei~ back 49 feet from the state Road would cut out any blind corner, i persouallythi~ relie~ should be granted. After investigation and inspection the Boa~d finds that the applicant requests permission to set off lot with existing dwelling with insufficient front yard area on proposed new right-of-way located north side of Main Road (Route 25), Orient, New York. The Board Finds that the taking~ by New York State, of highway frontage for drainage purposes has created an unusual hardship by greatly decreasing the applicant's highway frontage available for public access to the rear acreage. Applicant ~s the owner of approximately 20 acres on the north side of State Route 25 in Orient with 318 feet of road frontage consisting of 278 feet in one section separated by the New York State drainage parcel from the easterly 40 feet of road frontage. On the 278 feet of road frontage are two houses. It is proposed to set off, iwnr~ediately west of the New York State parcel, a strip 50 feet in width by approximately 175 feet in depth for public highway purposes for access te the rear acreage. This would reduce the frontage remaining to the two houses to 228 feet, more or less, and would place the easterly house ll feet, more or less, fromm the proposed public highway. The easterly house has a setback From State Route 25 of approximately 49 feet. There is no ether tract in the immediate vicinity that has been so encumbered by the taking of land ~or public purposes. The Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical di£ficulties or unnecessary hardship; the hardship created is unique m~d 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 tlne spirit of the Ordinance. On motion by M~. Grigonis, seconded by IZ~. Bergen, it was tTE~OLVED G!adys W%]~ins, ~04 Bay 5th Street, West Islip, New -fork, be GRANTED permission to sst off lot with existing dwelling with insufficient front yard area on propose~ new right-of-way located north side of Main Road (Route 25), Orient, New York, bounded north by Stuart Dorm~n & Ano., east by J. Tuthill & J. Dyer, south by ~iain Road, west by Helen S. Gilbert. Vote of the Board: Ayes: t~essrs: Bergen, Grigonis, ?iulse. POBLiC .R~A~Ri~G: Appeal NO. 1423 - 8:00 P.M. (E.DoS.T.), upon applicationlof Robert Hansen, 686 Hempstead Blvd., Uniondale, New York, for a variance in. accordance with the Zoning'Ordinance, Article III, Section 307, for permission to construct addition to existing dwelling with insufficient side yard area. Location of property: east side of Wunnew~tta Road, Subdivision ~p of Nassau Point Club Properties, Inc., No. 156 Amended Map A, Lot 205, Cutchogue, New York. Fee paid $5.00. The Chairman opened the he,ring by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. (The Board discussed the dimensions of Lot ~ 205 and found in referring to the map that the lot is 285 feet.deep with lll ft. on Wunneweta Road. The house is not centered and %he proposal is to attach a garage to the present structure. The house is more than 100 feet back From Wunneweta Road.) THE ~HAIFJ~N: Is there anyone present who wishes to speak for this application? ~R. R~T HANSE. N: i think it would add'to the community. The people who own the house next door would be facing the north side so it would not iD~erfere with their property. TM~. C~MAN: is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct addition to existing dwelling with insufficient side yard area located east side of W%nnewetta Road, Lot 205, Cutchogue, New York. The Board finds that the existing house and the attached garage would be more than 100 feet back from~unnewetta Road and that the construction of the proposed garage would not affect the surrounding area. Therefore, the Board is in agreement with the reasoning of the applicant. The Board Finds that strict application of the Ordinanc8 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 chaD~e the character of the neighborhood and will observe the spirit of the Ordinance. On motion by ~. Gi~lm~P~e, seconded by I~. Bergen, it was RE~OLVED Robe~ Hawsen, 686 Hempstead Blvd., Uniondale'New Yo~k, be GRANTED Permission to c~nstruct addition to existing dWelling with insufficient side yard area located east side of ~Wunnewetta Road, SubdiviSion Map of Nassau Point Club Properties, inc., No. 1~6 ~mended Map A, Lot 20~, Cutchogue, New York, as applied for. ~ Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLZC ~G: ~.ppeal No. 1424 u 8:1~ Po~. (E.D.S.T.), upon application of Rudolph & Edna Kombek, 24 Champlin~veuue, ~ast Islip, New Tork, for a special exception in accordance with the Zoning Ordinance, ~r~icle IZI, Section 300, Subsection ~ (1), for permission to operate existing marina in the ~A~ ~ Residential-Agricultural District with servicing privileges by new owner. Location of property: east sido of Narrow River Road, east by Hallock Bay, south by Plainland Realty Corp., west by Narrow River Road. Fee paid $~.00. The Chair~.n opened the hearing by reading the application for a~special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. T~ C~iP~N: The applicant is applying for an existing marina. ~oning is granted ~or use of land~ not for an znd~v_mual. You have ~he proper% under option but what you are asking for is somez~.~ng more than ~ King had there Otherwise the application would be superfluous. THE C~F~N: Is there anyone present who wishes to speak for this application? ~. RL~DODPH KOUBEK: ~e understood that we had to have an appointment with the Board ~of Appeals. Tt~ CH~.~I~j~: There werecertain things that i~. ~ing was allowed to do and others he could not do. The originallapplication of ~eptember 13~ 1962 by Edwin H. King applied for a special exception on the ~oning Ordinance, which has been changed since. This type of resldential marina would be limited to a few boats if you were applying today. (The Chairman road application dated · ~eptember lS, 1962). ~t that time we did not have proof that he owned the property but ~. King produced a Deed which is in the records. That application was withdrawn and the following year he applied on I~Iay 3, 1963 for a special exception to reinstate the 1962 application. Or~g~nal±y,' ' ~ ~.w King applied for a change of zone~ That was on Au~ast 28, 1962. However, this application for a change of zone was denied. Zt is our understandingthat there are no violations at this~time. ~$e found there was a dispute abomt the easterly boundary. ~$e tri~d to get the disputing parties to agree. The matter eventually went to the Supreme Court. The Board of ~ppeals delayed their decision in the hope that the boundary line could be established4 Trust~es for the estatos, of Nathaniel, George and Edward Edwards objected to line as established on the easterly boundary. Considerable evidence was offered by five subpenaed witnesses. In view of the long delay the Board felt that a decision should be reaci~ed. The hearing was held on September ~ 1963. ~t the request of' the Chairman, who owned property across the way, he disqualified himself and the other Four merabers voted to GRANT. The~ the hearings to the marina as suc~ on the easterly boundary. The Bog of ownership of part of the~ prope~ amount of ground, l0 or l~ feet, . I presume that llLr.~Terry (Building Inspector) told you that mn order to expand t~e ~acilities you should consult with this Board: We are talkisg about existing use. We will have to delay a deczsiQn because t~ere are a number of comDlicated legal points. I thi~_k the first th~ng to ask yo~ is w~at you propose to do there. e was no objection at any of .. Objections centered primarily rd acted pending determination ry. tt was not a substantial t~R. i<0~BE~: i ~ant ~o. run the m~rina the same as Mr. ~_mnm did. He has a~cottage which he rented an~ he has buildings. already established. We would like to have a machine that sells Coca-Cola, ma~oe some ice, an~ maybe gasoline but not in a commercial way. i would not advertise it For people to come in For gas. It would just be for people ~o iuave their boats moored there. I would make some i~provew~ents. Ttl~ C~IP~: Do i understand that you Want to remove the old barge? ~. KOUB~K: Yes. It's an eyesore, and in bad shape. Ti~ CHAiRI~N: Would you propose to conduct this as a marina for local residents?[ w : ~MR. KOUBEK: I ould not advertis it for transients. T~ CHAIRI~: Ton have no intentzon of enlarging it? ~. KOU~K~ I ~ouid be limited by space. If he has 7~ boats there now, that.s all I could get in. TB~ CHAIRI~N: I think one thing that would be prohibited would~be party boats and commercial Fishing boats, products, parts, outdoor motors, etc. ~L~. tq0UBEI~: I would like to have sodas for when people are thirsty, and maybe some gasoline f:or the sake of accomodation. Z would not wan.t a cutup, i a~ building a .house in Cutchogue and this would be somevhin-g for me to do. i migh5 have someone at the marina but I would, also run back and forth myself. T~C~L~iRI~N: ~e are not going to make a decision tonmgn~ because there are several legal points iu doubt. We have had a letter From a couple of local residents opposing the do~mzoning -8- ~signed Mary Haldane Chao~an) of the private marina of~.~ King (signed A. Nelson Chapmafl~. I would have to say that ~private~ is misapplied, it was public in 1963. is there anyone.present.who wishes to ask any questions? ~. LORRAIh~ TE~RY: Regarding the removal of the barge, what would you replace it with? MR. KOUBEK: I would remove the barge and maybe put in floats which would take up the same amount of space. I~R. DOUG/~ ROBERT~: I think Orient needs the present facility and I would speak for a continuation of the present facility. THE ~HA~MAN. The nearzng was scheduled this way because of the expansion of the facilities, t believe that 1~. Terry thought the removal of the barge was expansion but that has been explained.. I have had several telephone calls from people in Orient telling me that you would install a gasoline pump for boats. It would seem that that ~ight be necessary for a marina. ~R. WILLIA~TERRY: t~ question would be on essential services, lavatories and sewers. THE CtiAiRF~%_N: That is one of the things that has not been brought up. I have not seen the ~head~ law, and the size of the boats it applies to. ~. Wi~L-~TERRY~ ~ don~t think we could possibly have a lavatory on land as well as on boats. THE CMAIF.~I~I: I don~t believe the Board of Health would approve. GERTRUDE REE~: There are two lavatories there now. THE CHAI~I~N: We will postpone decision on this matter until we can go over varloms legal angles. If it is favorable there would be restrictions and we might restrict it to a term of a year so we can re-examine it. ~nere someone has been given a special exception and violates it, we rescind. Tha~ you for coming in. motion by ~. Gillispie, seconded by ~. Bergen, it was RESOLVED to postpone decision on ~ppeal No. l!12k. Vote of the Board: Ayes:- 15essrs: Gillispie, Bergen, Hulse. PUBLIC HE.~RING: Appeal No. 142~ - 8:30 P.M. ('E.D.S.T.) upon application of S. & E. Realty Company - Southold.Properties Corp., 233 West Merrick Road, Valley Stream, New York, for a variance in accordance with the 5oning Ordinance, ~rticle Section 402, for permission to erect water tower (accessory structure) with height in excess of ~O'feet. Location of property:~north side of ~ain Eoad, C~tchogue, New York, bounded north by Ralph W. Sterling Estate, east by New Tork Telephone Co., south by.Main Read, west by Ralph W. Sterling Estate. Fee paid ~.00. The Chairman opened the hearing by readingthe application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRI~N: is there anyone present who wishes to speak for this application? FA~. N~Ti~ SEROT~: We do extend in excess of 50 feet. T~ CHaIRliftS: What ~s your connection With S. ~ ~. Eaalty? 1~. ~OT~: I am the cons~_uczzon engineer.'w '' The tower would be 69 ft..lO~!, 28 feet across the top, with a. capacity of 79,000 gallons. Wo are trying toget approval on this because it isa safety valve. We are also trying to get Town water but in such case that we do~t we would like to get this tower, if we get Town water we would not need this tower. Zt could be done w~tn pressure tanks but it would be a lot more expensive THE CHAiR~: With a pressure tank you are subject to the vagaries of electricity. This way you would have permanent pressure. ~.~OTA: pressure, We want gravity pressure rather than pump THE standpoint. This is most feasible from an engineering ~. S~ROTA: For fire service as well. THE CHAiRI~N: You would have difficulty covering this complex with~insurance without the tower. M~. ~EROT&: ~e most certainly would without the tower and without a sprinkle~,~the premiums being so high on the lives of people working there. I4e are going to erect a Hill's Supermarke~ and seven or eight individmal stores and a movie h°use, Ti~ CHA~N: I might mention that adjoining your property is an.a~rial~mast which is used for ultra high frequency telephone comxaunication. What is the b_eight of that mast? FK4. ~OTA: I thim_k it would exceed 70 feet. THE CHAI~i~N: Zt seems to me that ~nen that went in we had to check with the air people. -10- ~w-~. 250 feet. There was not any interest in anything under THE CHAIR~L~: Is there anyone present who wishes to speak against this.applzcat~on. (There was no response.) After investigation and inspection the Board finds that applicant requests permission to erect water town (accessory structure) with height in excess of 50 feet. Location o£ property: north side ef Main Road, Cutchogue, New York The findings of the Board are that applicant is going to erect a Hill:s Supermarket, seven or eight individual stores and a moving picture house~'which will necessitate fire protection for life, linfo and property and a water tower will provide adequate protection for applicant's tenants. The Board is in agreement with the reasoning of the applicant. The Board finds that atrict application of the Ordinance would, produce practical difficulties or unnecessary hardship; the hardship created is unique abd 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 F~. Gillispie, seconded'by ~. Bergen, it was P~-~OL~D S. & E. Realty Company - S0uthold Properties Corp., 23~ West Merrick Road, Valley Stream, New York~ be GRANTE~D per- mission to erect water tower (accessory structure) withheight in excess of ~0 feet. Location of property: north side of Main Road, Cutchogue, New York. Permission is granted subject to possible PA~ objections. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Huz~e. PUBLIC HEIRING: Appeal No. 1~26 - 8:45 P.Mo (E.D.S.T.), upon application, of 01lie 0verton, Main Road, Southold, New York, for approval of access over private right-of-way iu accordance with the State of New York Town Law, Section 280A. Location of property: private ri~ht-of~-way (i~mjor~s Path) off east side of Horton Lane, Southold, I~ew York, bounded north by 0verton, O~Connor, Co~erford & Kelly, east by 0ffen~heiser, south by Overton, Fischer & others, west by Horton Lane. Fee paid $~.00. The ~hairman opened the hearing by reading the application for approval o£ access, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. T~ CHAIRJ~: is there anyone present who wishes to speak for this application. JR.. I am eno of the owners up there and one of the people who has been doinE the work... also. The access is coming ~p from Horton~s ~ne. ~hR. O~CO~q~: I live 150 feet up on the north side. We have access. ~e have been livi~ there For t~ee years. ~. FISC~: ~ property from the uppe~ border is about 200 feet Further on. I don~t ~ow if this would have any ~earing but i have been in touch with the Telephone Company and they said that ~they had no problem putting poles in and would come in without additional charge. T~ C~~: I am sure you ~ow what the reasoning is, because of fire emergency vehicles. ~e were up there looking at it this morning and it looks to me that you have improved it. ~. COlOPhOn: in what way is it going to be changed? It looks now as thong_ there is an entrance. Major~s Path con, hoots with a private T~ C~i~AN: We are not granting access fro~ the whole road to fur~her~ prdpertie~. Any access we grant would be subject to approval of the Building InspeCtor. ~. COdifieD: Have you anything that I can look at that qualifies how access is proposed to be amended? I understand the P~ann~ng Board ~anted a minor Subdivision and ~they require 50 feet. TP~ C~N: 50 Feet has been provided in the proposed plan. ~. B~GEN: That doesn't mean it's going to be ha_o top. ~S. i~. ~en we bought the property there we paid ~lO0.00 ~ THOrn, S ~LLY: The owner asked if we would contribute toward the road ~ CP~M~q: In Hiverhead they require blac~op. !~R~ Co~O~: There Is a question as to whether or not this is an access read. ~ ~en i~. Offenheiser~s road was built all the building m~terials were brought uP that road. On the question Fire apparatus, that's no problem. W~ h~ve been using it for seven years. Gene ~eveled the ro~d qff ~ith a bulldozer. T~ C~M: Did you eve~ get ~ega_ s~coess from this Bo~d~ ~. CO~~. ~e are not the o~iginal owners. T~ ~~N: O~r main concern is with getting emergency vehicles in andmOUt ~p to this p~rcel. -12- After investigation and inspection the Board finds that applicant requests permission for approval of access over private right-of-way in accordance with the State of ~ew York Towua Law, Section 280A. Location of property: private right-Of-way (Fmjor~s Path) off east side of Horton Lane, Southold, New York. The Board finds that the right-of-way is being improved and widened so as to meet requirements of access under 280-A of the Town Law and that this access will serve only a minor subdivision. Upon inspection o£ the Board it was found that the road will enable emergency vehicles to get in and out up to this parcel. The Board finds that strict application of the Ordinance would, produce practical difficulties or unnecessary hardship; the hardship created is unique abd would not be shared by all properties alike in the im~ediate 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 t~ Gal_aspic, seconded by ~. Hulse, it was RESOL%~D 01lie Ove~ton, l~ain Road, Southold, New York, be GRANTED approval of access over private right-of-way in accordance wi~h the Btate of New York Town Law, Section 280A on property located private right-of-way (Fiajom~s Path) off east side of Horton Lane, Southold, New York, subject to the following conditions: e AcceSs is granted subject to the approval of the Buildim~ Inspector. Access is g~anted up to property of Eugene L. Fischer, Jr., and no further. Vote of the Board: Ayes:-Messrs: Gil!ispie, Bergen, Hulse. PUBLIC ~HEAiRiNG: Appeal No. t427 - 9:00 P.M. (E.D.S.T.), upon applicati0nlof~Th~mas McGunnigle, Middle Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsections 4, 6 & 8, for permission to use existing farm building for welding shop. Location of property: north side of Middle Road, Cutchogue, New York, bounded north by W~eelco Prop., Inc., east by ~eelco Prop. Inc., south by Middle Road, west by J. Simcik-Ficner. Fee paid $%.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, and notice to the applicant. TH~ GHAIRN~JN: The application was accompanied by a letter from t~i~. Thomas P. McGunnigle. (The Chairman read the letter.) Is there anyone present who wishes to speak for this application? l~q. THON~%S McGUNh~IGIE: application and the letter. I think itts all there in the TH~ C~_~-R~: I guess itt's self-explanatory that what you hope to do is make a~living by welding. One of the purposes which were stated in our original public hearings was that it would assist the transit'ion from farm economy to some others. I think the Board would be in sympathy with your wanting to stay where you are and evolve into a welding shop from a farm. We would have to put a limit on it that there be no employees. This could be a home occupation if you have no employees. ,Do you expect to do welding for local people? ~'R. McGUk~IG~: I don:t know if that would be enough. TH2~ CHAIR}&%N: Z do know that blacksmiths are going out of business. Blacksmith st~e. ps are not something that youth is dedicated to so perhaps you would fill a real need. Probably we could put a two year restriction on it~ and then you could renew. %ou will have to coD_fine the actual welding to the barn. You can't put up a big welding sign. This is a home occupation. F~q. McGUNNZGIE: Zf Z don:t get enough work doing other peoplets welding would it be possible to build things myself? Could Z put thio~s out on the lawn? THE CHALR~WL~N: We are just considering for welding, not for a dealership. ~hatever you de inside the barn is your own business but nothing is to be put outside. You can advertise in the newspaper. ~fter investigation and inspection the Board finds that applicant requests permission to use existing farm building for weldiD~ shop located north side of Middle Road, Cutchogue, New York. The Board finds that applicant has the facilities (a barn which could be used for £arm machinery type welding); and the qualifications for a self-employed welder having taken an oxy-act, welding course and also an electric arc welding course at Farmingdale A. & T., amd having farmed for t.!r~ee years at which time he did his own repair and welding. ~pplicant has two acres in a farming area and believes that a welding facility would be of benefit to the farmers in the area as well as enabling him to earn a living for his family. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by ,~. Bergen, seconded by ~. Hulse, it was ~SOLVED Thomas McGunntgle, Middle Road, 'Cutchogue, New York, be GRANTED permission to use existing farm building for welding shop located north side of Middle Roads Cutchogue~ New York, subject to the following conditions: All welding to be coD_fined to interior of barn. No display of goods outside of the barn. Size of sign indicating welding done on premises shall not be larger than 1~t x 2t and shall not be closer than l0 feet from any property line. The welding business shall be restricted to applicant, there shall be no employees. The application will expire in two years and will be subject to renewal at that time. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. Completion of application of Albert D. Vogt, 2~k~ Herkimer Street, North Bellmore, New York (Appeal No. l~ll - public b. earing 9:30 P.M. (E.D.S.T.) April l, 1971), for a variance in accordance with the Zonir~ Ordinance, A~ticle~-Ii, Section 303, and ~ticle X, Section 1000A, for permission to set off lot with less than 100 ft. frontage. Location of property: west side of private road (Truman Path), East ~[arion, New York~ bounded north by Frank Eneip, east.by Truman Path, south by E. Ketcham, west by Marion Lake. T-~ CI~W: We are in general agreement with your reasoning except that we want you to provide a little more sideyard. The ordinance requires l0 feet and l~ feet. This lot (referring to sketch) should, have another 7 feet. (The Board discussed with ~. Vogt means of providing the sideyards required.) After investigation and inspection the Board finds that applicant re~3ests permission to set off lot with less than 100 ft. frontage located west side of private road (Truman Path), East Marion, New York. The Board finds that applicant wishes to sell his existing house and build a new one and that most of the other parcels in the area have been divided. The Board is in general agreement with the applicant providing applicant provides required sideyards. 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 I~r. Hulse, seconded by._w~. Bergen, it was RESOLVED Albert D. Vogt, 2~4 Herkimer Street, North Bellmore, New York, be GR~NT~D permission to set off lot with less than 100 foot frontage located west side ef private road (Truman Path) East Marion, New York, subject te the following conditions: me That a sideyard of l0 feet be provided on the no~th side of house.' That a sideyard of l~ feet be provided on the ao~th side of house. 3. That garage have a 10 foot sideyard. Vote of the Board: Ayes:- Messrs: Giiiispie, Bergen, Hulse. On motion by ~. Gillispie, seconded by ~. Bergen, it was RESOLV~D that'aCt~on taken on Appeal No. 1412 (public hearing- April l~, 1971) on Estate of Genevieve Albertson, Main ~treet, Southold, New York, be confirmed. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by M~. Bergen, seconded by ~. Hulse, it was RE~OLVED that the minutes of the Southold Town Board of Appeals dated April l~, 1971 be approved Subject to correction: pg. ~-M,S.T. Construction Corp., 260 Jericho Turnpike~ Mineola, New York. Vote of the Board:i Ayes:- Messrs: Gzllz.~pze, Bergen, Hulse. On motion by ~@. Hutse, secomded by ~. Bergen, it was RE~OLVED that ti~e next regular meeting of the Southold Town Board of Appeals wi!! be b_eld at 7:30 P.M., ~Zaursday, May 27, 1971, at the Town Office, Main Road, S0uthoid, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by ~fr. Gillisple, seconded by ~Lr. Bergen, it was ~f~SOlv~-~D that the ~omthold Town Board of Appeals set 7:30 P~M. (E.S.T.), Thursday, May 27,. 1971, at the Town Office, Main Road, So,~thold,. New York, as the time and place of hearing upon application of Nelson ~, 346 ~gest Islip Blvd., ~gest !slip, New York a/c Fred Yoarges, Deer Drive and Cindy ~a~ne, Mattitmck, New YOrk~ for .a variance in.aCcordance with the ~onimg Ordinance, A~ticle III, Section 300, ~ubsection 6, and ~rtic~!e Iii, Section 309, for.permission to locate accessory structure (swimming pool) in sideyard area. Location of property: Deer Drive and Cindy Lane, Subdivision Map of Deer Park, Lot No. 6, Mattituck, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by 2~. Bergen, seconded by Mro Gillispie, it was RE~OLVED that the So~tho!d To~ Board of Appeals set P.M. ~EoS.T.), Thursday~ May 27, 1971, at the Town Office, Main Hoad, ~o~thold, New York, as the time and place o£ hearing ~pon application of ~rmando Cappa d/b/a The Barge Restaurant, Main Road, ~outhold, New York, for a special exception in accordance with the ~oning Ordinance, A~ticle ~ii, Section 300, ~bseotion 10, for permission to erect an off-premises directional sign. Location of property: land of Joseph Erukowski, south side of Main Road, ~outhold, New York, bounded north by Main Road, east by Beixedon Estates Subdivision, south by Beixedon Estates Subdivision, west by C. Deluccia. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by M~. Hulse, seconded by M_~. Bergen, it was ~WE~OLVED that the Southold Towu Board of Appeals set P.E. (E.S.To), Thursday, May 27, 1971, at the Town Office, Main Road, ~outhold, New York, as the time and place of hearing upon application of irma and Peter Vigues, Naugles Drive, Mattituck, New York, for a variance in accordance with the ~oning Ordinance, ~ticle iii, SectiOn 303, for permissionto set offf lot with less than 100 ft. frontage, and for approval of access over private right-of-way in accordance with New York Town Law, Section 280A. Location of property: south side of Naugles Drive, Mattituck, New York, bounded north by Naugles Drive, east by Golz-Suglia, south by Joseph Leogrande, west byE. Furnoff~ Jr. Vote of the Board: ~y so- Messrs: Giilispie, Bergen, Hulse. On motion by I~. Bergen, seconded by ivLv. Hulse, it was RESOLVED that the ~outhold Town Board of ~ppeals set P.M. (~.$.T.), Thursday, May 27, 19?l, at the Town Office, Main Road, ~Southold, New York, as the time and place of hearing upon application of ~rnold Behrer, 7 Barnes r~ane, Garden City, New York a/c Sarah Be~er, Nassau Point Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, ~rticle III, ~ction 300, Subsection 6, and J~rticle IZI, Section 30~, for permission to locate accessory building in front yard area. ~ocation o£ property: east side of Nassau Point Road, Subdivision Map of ~assau Point Properties, Lot No. 76, Cutchogue, New York° Vote of the Board: ~yes:- Messrs: Giilispie, Bergen, Piulse. On motion by ~. Gillispie, seconded by I~. Hulse, it was RESOL-~ED that the Southold Town Board of Appeals set 8:30 P.M. (E.S.T.), T~hursday, May 27, 1971, at the Town Office, Main Road, ~Southold,. New York, as the time~ and place of hearing upon application of Rmth S. Bailey, Broadwaters Road, Nassau Point, Cutchogue, New Yor~, for a variance in accordance with the Zoning Ordinance, ~rticle iii, Section 307, and Article X, Section 1000B, For permission to.convert existing accessory building into private one family dwelling with less than 8~0 sq. ft. of living area and with less than required sideyard area. Location of property: west side of Broadwaters Road, Subdivision Map of Nassau Point Properties, part of lot no. 26~ & part of lot no. 266, Cutchogue, New York. Vote of the Board: Ayes:- Messrs: ~zl_mspze, Bergen, Hmlse. On ~otion by ~. Bergen, seconded by ~Lr. Gillispie, it was R~SOL~fED that the ~outhold Town Bo&rd of Appeals set 8:4~ P.M. (E.S.T.), Thursday, May 27, 1971, at the Town Office, Main Road, Bouthold, New York, as the time and place of hearing upon application of Roy Duryea & Stanley Guzauskas, 493 Baldwin ~venue, Baldwin, New York~ for a variance in accordanc~ with the Zoning Ordinance, Article Iii, Section ~06, for permission to erect private one £a~ily dwelling with reduced frontyard setback. Location of property: southwest corner of Cleaves Point Road and ~ast Gillette Drive, Subdivision Map of Marion Manor, Lot No. l, East Marion, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. The Meeting was adjourned at ll:!~ P.M.