HomeMy WebLinkAboutZBA-08/19/1971 £Appe
$outhold Town Board o als
SOUTHOLD, L. I., N.Y. 11-c;J~71
Telephone 765-~6d0
APPEAL BOARD
ME~BER
Robert W. Gillispie, Jr., Ch~irm~n
Robert Bergen
Charles Grigonis, Jr.
Scr~e Doyen, Jr.
Fred Huls¢, Jr.
~OUTHOiD T~F~T BOARD O~ APPEAZ~
August 19, 19?l
A' ~eg~lar meeting of the ~outi~old Town Bo~d of ~.ppeals was
held at ?:30 P.M., T.hu~sday, August 19~ 19?l, at the Town Office,
Main Road, Eouthold, New York.
There were present: Messrs: Robert W. Gillispie, Jr., Chai~m~n;
Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, ~.
Absent: ~v~. ~erge Doyen, Jr.
PUBLIC -HEARING: &ppeaI No. 1449 - 7~30 P;M. (E.S.T.), mpon
apPlic~tion of Patrick & Ma~le Ca,rig, Richmo~nd Road~ Bc~thold,
New York, for a variance in accordance with the ~oning 0~dinance,
A~ticle III, ~ection 307, ~o_~ permission to construct addition
to existing dwelling with insufficient side yard a~ea. ~oeation
of property: east side o~ Richmond~ Road, Eo~thold, New York,
bounded north by A. Bondarchuk, east by J. F~ar~, so~th by
F~deline A~mstrong, west by Richmond Road. Fee paid
The Chairman opened the hearlng~y ~eading the appllcatiou
for a variance, legal notice of hea~ing, a~Idavit attesting to
its publication in the official newspaper, and notice to the
applicant.
THE CHAIR~¢AN: is there anyone present who wishes to speak
for this application?
MR. PATE!~K CARR~G: Van Tuyl put the crakes down. I need
one foot.
THE CHAPLET: You have 13~ feet on the south side. The north
side needs one foot. (The Board discussed the Van T~yl s~rvey
with the applicant}.
T~ OHA~G~: Is the~e anyone p~esent who wishes to spea~k~
against this application?
Seuthold Town Board · Appeals -2- ~ugust 19, 19?l
(There was no response).
After investigation and inspection the Board finds that the
applicant requests permission for a variance, For permission to
construct addition to existing dwelling with ins~ficieut side
yard area on property located on the east side ef Richmond
Road, ~outhold, New York. The Board finds that the dwelling is
set parallel to the street, the lot lines are not at right angles
to the road which creates a side yard problem at the front and
back corner of the dwelling. Therefore, the Board agrees with
the reasoning o£ the applicant.
The Board finds tha~ 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 c~aracter of
the neighborhood and will observe the spirit of the Ordinance.
On motion by Mr. Gilltspie, seconded by I~r. Bergen, it was
R~OLVED, Patrick~& Marie Ca,rig, Rfchmond Road, $outhold,
New York,~ be GR~NTED permission to const~ct addition to
existing dwelling with insufficient sideyard area as applied for
on property located on the east side of Richmond Road, So~thold,
New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
2~BLIO HEARING: Appeal NO. Appeal No. 1448 - 7:~0 P.M.~.~.T.),
upon application of ~eam~s & Bertha Lynch, Case Road, Outchogue,
New York, for a variance in a~cordance with the Zoning Ordinance,
Article III, ~ection 300, Eubsection 6, and Article Iii, Eection
309, for permission to locate accessory building in front yard
area. Location of property: north side of Case Road, Cutohogue,
New York, bounded north by Miller-North Fork Co., east by
Swamp Road, south by Case Road, west by Bay Road- Miller.
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.
THE ~U~A~&~N: Is there anyone present who wishes to speak
for t_his application?
(There was no response).
THE CFa~I~I~j~: Is there anyone present who wishes to speak
agalns.t this application?
£
(There was no response).
Eo~thold To~ Board _~ Appeals -3- Aug~ ~t 19, 1971
AFter investigation and inspection the Board finds that the
applicant requests pe~ission to locate accessory building in
Front yard area on property located at north side of Case Road,
Cutchogue, New York. The findings of the Board are that there
would be ample room to place the accessory building {shed) in
the res~ yard area, and that it would be well screened from the
country club.
The Board finds that strict application o£ the Ordinance
would not produce practical diffioulties or unnecessary hardship;
the hardship created is not unique and would be s~sredby all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance would change the
character of the neighborhood s. nd would not observe the spirit
of the Ordinance.
On motion by M~. H~lse, seconded by ~. Bergen, it was
~E~OL~, ~eam~s & Bertha 'Lynch, Case Road, Cutchogue, New
York, be DENIED permission to locate accessory building in
front yard are~ on property located at north side o£ Case Road,
Cutchog~e, New York.
Vote of the Board: ~yes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC i~LA~RING: Appeal No. 14%0 - 8:00 P.M. (E.S.T.}, upon
application of Edward F. &~Francais E. Klett, Bray_Avenue, ~aurel,
New YOrk, For a variance in..accordanoe with the Zoning Ordinance,
Article IIi, ~ections 303 & 307, and Article X, ~ection 1000A,
~or permission to divide property and set off lots with less
than 100 ft. frontage. Location of property: east side of
Bray Averse, I~urel, New. York, bounded north by Doris Hel~, east
~ry ~ells Road - Mangiamele, south by Cam~o Property. Fee paid $%.00.
The C~irm~u opened the hearing by reading the application for
a variance, legal notice of hea~ing, affidavit attesting to its
publication in the official newspapers, arid notice to the
applicant.
T~ CP3AIRFAN: Is there anyone present who ~shes to speak
For this application?
F~. EE~.~ED F. ~TT: i would like to present to the Board
a letter from Catholic Charities, the owners of the ca~p property,
in response to m~y letter regarding p~vchase of a portion of camp
property to enlarge the lot.
THE CPL~I~N: You wish to subdivide Lot Nos. 136, 137 and
138 into two separate parcels.
l~. EiETT: >~y proposal for subdivision ~ believe was
~nd~ca~ed om the copy of the c~rrent survey.
Soathold Town Board~6£ Appeals -4-
~'-~ugust 19, 197i
~. BERGEN: You have a house there now?
I~. EIETT: Yes. I want to divide the property so I will
have one additional lot. I would like to divide it intotwo
parcels, i have brought it up to date From the original survey.
The cottage was moved, and made part and parcel of this property.
(The Board discussed the survey and the Chairman commented
that the new lot would be entered Fro~lls Road.}
~. ~WETT: i have attempted to equalize 'the square footage
more or less. ZtSs about 22,000 sq. ft.
THE CH~: These lots were originally ~0 feet with
varying lengths. This is borderline so i would be inclined to
favor you~ request.
THE C~&/Fd~N: Is there anyone present who is against this
application?
(There was no response.)
After investigation and inspection the Board finds that the
applicant requests permission to divide property and set off
lots with less than 100 foot frontage. The Boardfinds that
resulting from this division the lot on which the o~er has his
house will have l~0 feet on Bray Avenue, and the depth varies
from ?~ feet to lO~ feet. The remaining lot will have a depth
of 161 feet. Both lots (l!,O00 sq. ft. each) will have a frontage
of 73 feet on ~ells Road.
The Board finds that strict application of the Ordinance
would produce practlc~l difficulties or unnecessary hardship;
the hardship created is unique and would, not be sha~ed by all
properties alike in the irmuediate vicinity of this property and
in the same use district; and the variance will not change the
cb_~racter of the neighborhood and will observe the spirit of
the Ordinance.
On motion by I~. Gillispie, seconded by ~. Hu!se, it was
RESOLVED, Edward F. & Francais E. Klett, Bray A~enue,
I~ttituck, New York, be GFa~fED permission to divide Property
and set off lots with less than 100 foot frontage. Location
of property: west side of Ackerly Pond Road, Southold, New York.
Vote of the Board: Ayes:- M~ssrs: Gil!ispie, Bergen, Pfulse,
Grigonis.
Eouthold Town Board ~ ~ppeals -%-
PUBLIC ~E!T~G: Appeal No.' 14%i - 8:10 P.M. (E.~.T.), upon
application of Camille Mary Brasch, Ackerly P~nd Road, ~outhold,
New York, for a special exception in accordance with the Zoning
0~dinance, A~ticle iii, Section 300, ~ubsection 5 (a~, for
permission to convert existing one fancily dwelling~ into two (2~
family dwelling. ~ocation of property: west side of Ackerly Pond
Road, ~outhold, New York, bounded north by W. C. Bolenius, east
by Aokerly Pond Road, south by Harold Reese, west by Harold Reese.
Fee~ paid~$%. O0.
The Chai~uan opened the hearing by reading the application for
a special exception, legal notice o£ hearing, affidavit attesting
to its publication in the official newspapers, and notice to the
applicant.
THE CHALW$~N: Is there anyone present who wishes to speak
for this application?
M~E. C~LiE ~L~w.y BR~CH: ! am N~s. Brasch.
THE CHAIP~: ~e are tryiD~ to determine wh~t the size of
the lot is because under the present ordinance 2%,000 sq. ft. is
needed to create a two family dwelling. You have to have a double
lot. This was introduced into the ordinance several years ago.
The original thinking was that with some of the older ~esidences
which were on large lots, it would be better to give permission
to have a double house rather than to have the houses deteriorate
and, for a while, we granted double houses where there was a large
lot. in the only case we ever lost to the ~upreme Court the
Appellate Division upheld us but the proper remedy was to change
~ather than to have the Board of Appeals acting on its o~. The
ordiD~nce was amended requiring 2%,000 sq. ft. I see you have
14,200 sq. ft. This would not be enough. It is~really out of
our hands.
~E. BP~SCH: It was never explained~to me. i am not building,
just want to make an apartment upstairs.
THE- CHAERMAN: I would say we would have to deny the application.
~natever is done here has to be on the basis of le~a~l reasoning.
Legal reasoning would b~ that you have a unique hardship, and tha~
the character of the neighborhood would not be changed. You do
not have a unique hardship. On a special exception you are not
required to show an unusual hardship but in this ease, I am sorry
we can not approve or grant permission.
~. BRASCH: It is one family and there are Just the two of
us. It has no interference with the property or any neighbors.
THE CHAi~N: Finauctai hardship is not considered.
~. BRASCH: I thought I could m~ke it into two-family.
2~. BERGEN: Each place has to have so much open area.
THE CHAIRMAN: Very shortly the requirement will be 40,000
sq.
So~thold Town Board_~£ Appeals -6- --o~gust 19, 1971
After investigation and inspection the Board finds
t?~ applicant requests permission to convert existing one family
dwelling into two (2) family~dwelling on property located
west side of Ackerly~Pond Road, Eouthold, New York. The Board
finds that it must deny this application for~a special exception
because of the Fact that applicant has 14,200 sq. ft., and a
requirement of the ordinance is that 25,000 sq. ft. is needed to
create a two £amily dwelling.
The Board Finds that the public convenience and welfare and
Justice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts will be
permanently or substantially injtt~ed and the spirit of the Ordinance
will not be observed.
On motion~ryF~. Gillispie, seconded by M~. Bergen, it was
RE~OL~, Camilla Mary Brasch, Ackerly Pond Road, Southold,
New York, beD~NiED permission to convert existing one family
dwelling into two (2) Family dwelling on property located at
west side of Ackerly~.Pond Road, ~outhold, New York, ~or the reason
stated above.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grlgonis.
PUBIC HEARinG: Appeal No. 14%2 - 8:20 P.M. (E.~.T.), ~pon
application o£~Roy Har~ington, Carrington Road, Nassau Point,
O~tchogae, New York, for a variance in accordance With ~D~ Zoning
Ordinance, Article I~I, ~ec~lon 300, ~Bsection 6, and Arti01e
ii~, ~ection 309, for permission to locate accessory structure
(swirm~ing pool) in front yard area. LOcation o£ property: not'th
side of carrington Road, Lot No. 382 on Map of Nassau Point Ctnb
2~op., Inc., M~p No. 806, Section "d~, Cutchogue, New York. Fee
paid $%.00.
The Chairman opened the hearing by readir~ the application for
a variance, legal notice of hearing, affidavit attesting to its
publication in the official newspapers, and notice to the
a
ppl~cant.
THE CHAiE~L~': Is there anyone present who wishes to speak
·
for this applicatzon.
.MR. ROY HAR~i~GTON~ Our house is set-back 36 feet from
Carr~ngton Road. .The£ront of the swimming pool Will be 47 feet
back. It's in front of the garage, not the house. ~e measured
from our p~operty line. There is a variance on the gsu~age.
~. BERGEN: Do you have to put a fence a~ound this pool?
~. pZApd~GTON: We intend to.
Eouthold Town Board bf Appeals
-7-
August 19, 197!
(The Board and 1~. Harrlngton discussed self-locklng gates,
2~ square mesh fencing and stockade fencing.)
FA~. HAP~!TJGTON: $¢e built a basketball court.
~ee~ between the court and the pool.
We have about
THE ~HAI~M~.. I~ there anyone present who wishes to speak
against this ppl~cat~on?
After investigation and inspection tlme Board finds that
applicant requests permission to locate accessory structure (pool)
in £~ont yard area of p~operty located on the north side of
Carrington Road, Cutchogue, New York. The Board finds that
previous construction before zoning did not p~ovide for adequate
~oom for accessory pool in side or rear yard. The house is set
back 36 Feet from the property line. The property is only 60 feet
deep at Carrington and Haywater Roads. The swi~ing pool will
be set in front of the garage and will be 42 feet back From the
property line. This area o~ the property has ~112 foot depth.
The Board agrees with the reasoning of the applicant.
The Board finds that st~ict application of the Ordirmnc8
would produce practical difficulties o~ unnecessary hardship;
the ~ha~dship create~ is mniqme and would not be shared by all
properties alike in the ir~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 ~. Bergen, seconded by ]~. Grtgonls, it was
R~LVED, Roy HarringtoU, Carrington Road, Cmtchogme, New
Yo~k, be G~ANTED permission to locate accessory structmre (pool)
in front yard area of property located on the north side of
Carrington Road, Cutchogue, New York, subject to the following
conditions:
No portion of the sw~no pool structure, including fence,
shall be close~ than 3~ Feet to Carrington Road.
Minimum size of fence shall be 4 Feet.
Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Hmlse,
Grigonis.
i~-B~C HE~ING: APpeal ~o. 14~D 8:30 P.M. ~ ~ = ~
- ~.~.~.~, ~po~
application or.Gene.He,cock, Cedar Beach Hoad, Eo~thold, New York,
for a variance'in accordance with~the Zoning Ordinance, Article
iii, Section 303, and Articl~ X, Sectisns 1000~ & 1000B, for
permission to occupy ~ndersize second dwellings, on lot with
Soathold Town Board .~._.~. Appeals -8-
Aa st 19, 19?l
insufficient area, upon Order to Remedy Violation from the
Building inspector for using unauthorized second dwelling on
premises. Location of property: north side of Cedar Beach
Road, ~outhold, New York, bounded north by A. Weymouth, east
by Peconic Bay, south by Cedar Beach Road, west by Gasper
Pisacano. Fee paid $~.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of ' ~
hear~no, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant. (The Chairman also read letter addressed to the
Building Inspector from i~. Pete i~y~outh).
THE CHAIRMMzN: Is there anyone present ~fno wishes to speak
for this application?
(There was no response.)
THE GF~%IRMAI~: Xs there anyone present who wishes to speak
against this application?
F~. PETE WE~ZT~OUTH: I live adjacent to the Heacock property,
to the north. The statement was made that it would not change
the surrounding area. if you convert a garage into a house, cars
will be parked outside. They don~t have euou~m land there, r_f
something like this starts, yo~ will have everyone living in his
garage.
THE CHAL~q~N: I~s. Heacock said she would withdraw. Does
anyone else wish to speak against this application?
(There was no response.)
THE CHALw2;~: The big house was rented to a doctor whose
daughter had an operation. M~s. Heacock did not want to put
him out while the child was still recuperatingl W~nen the appeal
takes effect, as of this mo~ent, l~s. Heaeock will be breaking
the law, but i imagine they have already moved out of the garage.
After investigation and inspection the Board finds that
applicant requests pe~Ission to occupy undersized second
dwelling on lot with insufficient area; upon Order to Remedy
Violation from the Building Inspector for using unauthorized
second dwellir~ on premises at north side of Cedar Beach Road,
Southold, New York, The Board finds, as stated by the Building
inspector, that two families have been living in garage with
less than 8~0 sq. ft., no C.0., the garage has a kitchen, and
is a second dwelliD~ on the premises.
The Board finds that strict application of the Ordinance
would not produce practical difficulties or unnecessary h~dship;
the hardship created is not unique and would be shared by all
pro, er y and
properties alike in the immediate vicinity of this ~ t
in the same use district; and the variance will change the
character of the neighborhood and will not observe the spirit of
the 0rdiuance.
Southold Town Boa~d ~f Appeals
-9-
~ugt~st 19, 1971
On motion by l~, Gillispie, seconded by 2@. Grigonis, it was
RE~OLVED, Gene Heacock, Cedar Beach Road, Southold, New York,
be ~D~NIED~permission to occupy undersized second dwelling on lot
with insufficient area; upon O~der to Remedy Violation from the
Building Inspector For using unauthorized second dwelling on
premises. Location of property: north side of Cedar Beach Road,
Southold, New York.
Vote of the Board: j~yes:- Messrs: G~ll~sp_e, Bergen, Hulse,
~r zgo~zs.
PUBLIC ~AH~G: Appeal No. i4~4 - 8:4o P.M. '(~,S,T.}, upon
appl~ca~_on of Daniel B. & Elizabeth M. ~ons, 240~61 De Pew
Aven~e, DOuglaston, New York, for a variance in accordanc~ with
the Zonzng Ord.nanoe, ~rticle III, Section 303, for permzss~on
to occmpy exms~ng dwelling on lot with ~nsu~£~cment area.
Location of proper~y, north & east s_de of Birch Drive, south by
Mary ~. Mansell, west by Venteau Corp. Fee paid ~%.00.
The Chairman opened ~he hearing by readingthe appliOastion
for a variance, legal notice o~ __earing, affidavit attestz~g to
its publication iD the official newspapers, and notice to the
applicant.
TH~ CB~I~i~N: Is tne. e anyone present who wishes to speak
for this a~plmcat~on?
RICP_~wO CR~, ESQ.: I am representing Danzel B. & ~lzzaoeth
M. Lyons. I make reference to the fact that ~there was a v~iance
granted in 19%7.
The Chairman read from minutes of June 27, 19%7, Appeal No. %,
Venteau Construction Corporation.
For the record: Application dated Augus~amended to read
~June, 1957", not ~June 1967'~.
T~ OiqA~t~.: i Will summarize the background of this appeal.
The VenteauConstruotion Corp. apparently got approval of a block
with Small lots from the Town Board and they developed the houses
on Peeonic Bay BlVd., and ~hey built one more he, se on ~ne corner
of Birch ROad in back of ~me first block of houses TheSe back
lots were the same width as the front lots. They came here to
ask if they could continence bu~ldzng. ~ Apparently, in 9D7, just
after zoning had gone in, M~. Rosenberg was w~l~ng to comorom~s~
on 100~ x 90~ which was still under the 12,%00 sq. ft. which
existed from then until now. No more was heard From this property
uutil November, 1970, at which time John VenteaU sold to Alfred J.
F~on. PM. ~on kept the property with the house on it, approxl-
m ~ely 90 to 9% fleet in length and 7% £eet iD width, for a little
over six months, and then sold it to Danz~l Lyons. This came to
our at~enz~ n at the last meeting v~hen we discussed it at lenotn.
I offered to see the Town Counsellor to ask if there was any
Southold Town Board ~f Appeals -I0- August 19, 1971
poss~bi_zty of prosecuting Venteau, who violated the zoning ordi-
nance. Counsellor said the Constitution of the United States
gives people the right to buy property.
~. ~RO~. You can not prevent alienation of property
interests. W~nile you can't prevent alienation of property you
can burden it with reasonable limitations.
THE CHALRi~: tt also indicates defe0ts because a deed can
cross off debts. I don't know any way we can set up a procedure.
One of the things i understand is that the Zoning Board of ~ppeals
was obligated not to set unreasonable burdens on other portions
of to~n government. ~o, it would require someone who was familiar
with 1,800 hearings. The innocent victim is Lyons.
MR. CRO~: I don't quite understand that Appeal No. 5. I
don~t know if they are referring to the same lots. it see~ to
me tlme Board granted ?~ foot widths (June 27, 19~?). ~The Board
feels that to divide these three lots into two parcels~would be
justified~. ~Requiring construction of one house on a l~O~ lot
would in our opinion constitute a unique hardship. A require-
ment of 100~ lot would leave owner with an unsaleable parcel of
~0~ width.~ ! don~t know if this applies to the same lot. There
must be other lots you are referring to. Yenteau o~s land to the
west. ~$e are surrounded by other property.
THE CH~iRI~a~N: I believe it refers to other lots. There was
more tb~an one lot included on the application.
After investigation and inspection the Board finds that
applicant requests permission to occupy existing dwellir~ on
lot with insufficient area on property located on north and east
side of Birch Drive, Laurel, New York. The Board finds that
through innocent misunderstanding the applicant purchased the
subject premises without knowledge of the ihsufficlent size of
the lot. The e~ea surrounding the applicant's lands are all im-
proved properties with the exception of the vacant land immediately
to the west. Only the applicant's land borders on unimproved
property; the Pmrdshlp is thus unique to the applicant's property.
~ince all other improved properties in the vicinity are of a sub-
stantlally similar character to the applicant's property, uo
possibility exists for any change of character of the district.
The Board finds that strict application of the Ordinance
wouldproduce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be sha_~edby all
properties alike in tlme imm~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.
motion by Mm. Gillisple, seconded by i~. I~ulse, it was
Southold Town Board of Appeals
-ll-
Amgust 19, 1971
RE~OL~, Daniel B. &~iizabeth M. ~Yons, 2~0~61 De Pew
Avenue, Douglaston, New Tork, be GP~E~Dpermission to occuD~y
existing dwelling on lot woth insufficient area om property
located north and east side of Birch Drive, Laurel, New York,
as applied For, base~ on opinion of Counsel.~
Vote of the Board: Ayes:- Messrs: G~!l~sp~e, Bergen, ~ulse,
Grigonis.
~BLIC h~G: Appeal No. ~ - 8:~0 P.M. (E.~.T.), upon
application of Antoinette Bacom~no, 0rchar~ Street, New
New York, for a variance in accordance with the Zoning Ordinance,
~ticle IIZ, Section 503, and ~ticle X, Sections 1000A and
1000B, for permission to occupy undersize dwelling on lot with
insufficient area. Location of prop~ty: north side of 0rchar8
~treet, New Suffolk, New York, bounded north by M. ~ieczorek,
east by H. H. Tuthill~ south by Orchard Street, west by Bulger -
Wieczorek. Fee pal8 $~.00.
The Chairm~.n 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.
T~ C~2~: Is there anyone present ~mho wishes to speak
for this application?
RICHARD CRON, ESQ.: I am ~here to represent Antoinette
~acomano. · think this is a situation somewhat similar to
the previous appeal. An added factor is the size of the
building. The hardship is not only equal to the previoms
situation but even greater. I~s. ~aco~no just recently lost
her hmsband. A very likeable young couple are set to sign a
contract tobuy the house and £mrnishings. The New ~uffolk
Bhlpyard conveyed the land in quest~ion to the appliCant iu
January, 1962. Appa~entiyl~s. ~acomano did not secure a
building contractor but secmred sub-contractors, it was a
shell type of construction. All she did was to complete the
interior. Oliver ~mith was the owner of the New Suzfo!k~ ~
~hipyard. I represented !~s. Sacomano ~nen she got a building
loan. I do know that the bmilding l~a~u, granted by the North
Fork Bank & Trust Co,any was a condition of completion before
a C.O. was granted. This is really a hardship case. There is
no possibility of increasing the depth.
Howard Terry said it was extremely low land. There is a
smbstantial rear yar~ area. The character of the buildings iu
the vicinity a~e similar. We have the added problem as to the
size of the dwelling, i understand it's rather an attractive
house. Eouthold Savings Bank will give a mortgage.
THE CP~L~: I believe the lot is 87~ x 90', about 8,000
~sq. ft., ~nich is simila~ to others in that area o£ New Suffolk.
~outhold Town Board of Y~ppeals
~
Yougust 19, 1971
MR. CRO~T: It would be a tremendous hardship. ~s. ~aco~no
doesn't drive, and itls pretty difficult For her to stay in
New Suffolk.
Tm C~.i~N. She has been occupying the house and now
wants to sell it.
~. CRON: ~nen I went through the papers I thought there
was a C.O.
Tm CP.~!R~.N: It runs through my mind that the original
ordinance might not have required a C.O. 650 sq. ft. was
acceptable at that ~mme.
MR. CR~: ~uen did 8%0 sq. Ft. go in?
THE CPL~.~: July, 1964.
~. CRON: I would like something to satisfy the purchaser's
attorney so they are not in violation.
THE CiL~'L~Jq: The Building Inspector will give you a letter
as to the status of occupancy.
After Investigation and inspection the Board finds that the
app~zcant requests permission to occupy undersize dwelling on
lot with insufficient area on property located at north side of
Orchard Street, New Suffolk, New York. The Board finds tb~t
the character of the ~djoining land areas is such that the lot
area of the subject premises could nct readily be increased.
The width o£ the lot was fixed prior to zoning. Lands to the north
of subject premises are o%~ed by New Suffolk Shipyards, and are o£
low elevation. The dwelling situated on the premises was placed
there prior to zoning. Other properties in the i~mnediate vicinity,
while of similar lot size, were completed as to residential con-
struction prior to the advent of the Zoning Ordinance. The
subject premises are unique due to the fact that the sale of the
lot and the completion of the interior of the building took place
after the Southold Ordinance went into effect. The property has
existed in its present state since 1962 and the surrounding
properties are a similar lot s~ze with similar types of residential
construction.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship; the
har~ship created is uniq,~e and wc~ld not be shared by all properties
alike in the i~mediate vicinity of this property and in the same
use district; and the variance will not change the character of
the neiEhborhood, and will observe the spirit of the Ordinance.
On motion by ~. eillispie, seconded by l~m. Grigonis, i~ was
R~OL¥~-D, ~ntoinette ~acomauo, Orchard Street, New
gouthold To~-zn Boamd of Appeals
August 19, 1971
New York, be GRA~D permission to occupy undersize dwelling
on lot '~ ~
wztn insufficient area on property located at north
side of Orchard ~treet, New Sm£folk, New York, as applied for.
Vote of the Board: A~?s:- ~ · '~ ' ~
Messrs. Gill~p~e, Bergen, ~lse,
Grigonis.
PUBLIC ~R~G: Appeal.No. 14~6 , 9:00 a.M. (m.E.T.), upon
application of ~illiam & Ymmgaret Pausewang~ Cox Neck Road,
Mattituck, New York, for a variance in accordance with the
Zoning Ordinance, Amt~c_e III, Section ~03, for permission to
purchase frontage of. less than 100 ft. on Town ~oad. Location
of property: north side of Cox NeckRoad, & east side/of
ROsewood
Dr_ve, i~ttituck, New york, bounded north by E. & L.
~ledjeski, east bY Cox Neck Road, south by RosewoOd Drzve, west
by Rosewood Estates subd_v_s~on. Fee paid $~.00.
The Chairm~.n 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.
T~ CPL%I~Z~: Is there anyone present who wishes to speak
for this application?
GA~Y FI~ Oi~EN, E~Q,: i am representing William &
M~rgaretPausewang The ~outhold Savings Bank hav~ indicated
that they want 100 feet. (The Board and I~. Olsen studied and
discussed map). it will be one big parcel. The Title Company
has indicated.it will not insure ingress and egress. The
Paus~wang~s thought they owned the triang~mlar strip, Mr.
~ledzieski will sell it.
~..~oSE~ANG. The tax company calls it Cox Neck Road
~_~. H~ deed reads "bounded on the east by Cox Neck
Road" The Title Company says
· ~ an interior parcel, etc.~
that!s why we have to get a variance.
A_~er investigation and inspection the Board finds that
applicant requests permission to purchase frontage of less than
100 ft~ on To-~nBoad. (location of oroperty: north side of
Cox Neck Road & east side of RosewoOd Drive, I~ttit~ck, New
York. The Board finds that applicants' areon±y" able to obtain
80 feet. on Cox Neck Road. The applicants have had access over
the right of way and now are buying ~0ad frontage on Cox Neck
Road to increase size of access. There is an existing structure
on this existing lot.
The Board finds that strict application of the Ordinance will
~roduce practical d~ff~cult~es or unnecessary har~sn~p, the
ship created is unique and wO~ld be share~ bYa~!~ proper~zes'' alzke'
in the immediate vicinity of this property and in the same use
So~thold Town Board~ -o_~ Appeals
ug~s~ 19, 1971
d~str~t, and the variance does observe the spirit of the Ordinance
and will not change the character of the district.
On motion by F~. Bergen, seconded by I~. Hulse, it was
RE,OLd, ED, William & M~rgaretPausewang, Cox NeckRoad,
Mattituck, New York, be G~TEDpermission to purchase frontage
o~ less than 100 feet on Town ~oad. Location of property:
north side or Cox Neck Road and east side of Rosewood ~rive,
Mattituck, New York.
Vote of the Board: ~ - '~ ' '
ayes~- ~essrs: G~l~sp~e, Bergen, H~lse,
Grigonis.
On motion by ~. Hmise, seconded by ~. Bergen, it was
R~OLVED that the next regular meeting o£ the ~outhold Town
Board of Appeals will be held at ?:50 P.M., T~rsday, SePtember
9, 1971, at the To~n 0££ice, Main Road, Southold, New York.
Vote of the Board: ~yes:- Messrs: Gi!!ispie, Bergen, H~.ise,
Grigonis.
On motion by ~. Gillispie, seconded by i~. Bergen, it was
~SO~ that the minutes of the ~outhold Town Board of
Appeals dated July 29, 1971, be approved as submitted, subject
to minor correction.
Vote o_. the Beard: ~yes:- Messrs: ~ ±~ ~ he, Bergen, Hulse,
Grigonis.
On motion by ~@. Grigonis, seconded by !~. P~lse, it was
RE, OLd.that the~oUthold To~Board of ~ppeals set 7:50
P.M. (~.~.T.) Thursday, September 9, 197i, at the Town Office,
Main Road,.Bouthold, New York, as the time amd place of hearing
upon application Of Charles T. and Jmne L. Mcdonough, 1776
Pembroke Road, Birmingham, Michigan, for~a variance in accordance
with the Eoning Ordinance, ~rticle IZi, ~ection 305 and Article
X, ~ctio~ 1000A, for permission to set off lot with less than
100 ft.'road frontage and insu~£icient area. Location of
property: west side of Bayshore Road, lot no. 9~ aud southerly
one-half of lot no~ 94 on ~mended Map ~ of Peconic Bay ~states,
Map No. 1124, Greenport, N~w York ....
~ ssrs ~ .....
Vote o£ the Board: Ayes:- : ~±±~sp~e, Bergen, Hulse,
Grigonis.
~outhold Town aw ~ ~_ ~poeals ~
&ugmst 19, 1971
On motion by 1,~. Bergen, seconded by t~. Grigonis, it was
~OL~o that the ~outhold To~ Boa~d of Appeals set 7:4~
P.M, (~.~.T.~, mpon application of Bayvisw Development Corp.
d/b/a Victoria ~o~el & Cottages, Bayview Road, ~ · *~
~ou~nold, New
York, for a special exception in accordance With the ~oning
Ordinance, Article III, Section ~00, Subsection 10, for
permission to erect oversize (4 ft. x l0 £t~.) third off-premises
directional sign. Looat~o.~ of property: land of Antone Surozens~z,
south side of Main Road, EouthOld, New York, bounded north by
Main Road, east by Hunter & Lehr, somth by Lillian Howell, west
by ~'~. ~ohejl.
Vote of the Board: Ayes:- Mesas: Giilispie, Bergen, H~lse,
igonis.
The ~.ieet_ng was adjourned at 9:DD P.~.
Respectfully
· ~71, ~gouthoid Town Board of Appeals
'~hai~an ~'~a. rd of Appel8 ~