Loading...
HomeMy WebLinkAboutZBA-05/04/1972 APPEAL BOARD MEMBER Robert ~v./. Gillispie, Jn, Chairman Robert Bergen Charles C~rigonis, Jr. Serge Doyen, ..Ir. Frea' Hulse, Jr, $outhold Town Board of Appeals SDUTHOLD, L. I., N.Y. 11g'71 Telephone 765-2660 MINUTES $0UTg0LD TOWN BOARD OF APPEALS May 4, 1972 A regular meeting o£ the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, May 4, 1.?E, at the Town Office Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred gulse, Jr. (8:15 P.M.) Absent: ~. Serge Doyen, Jr. Also present: Mr. goward Terry, Building Inspector. PUBLIC HEARING: ?:30 P.M. (~.S.T.), upon application of tenant and Carl Schaub, owner, for a variance in accordance with the Zoning Ordinance, Article III, Section 50~, for permission to install a fence on a corner lot over 3 ft. high. Location of property: ~$es~ Road and Holden Avenue, Fleets Neck, Cutchogue, New York; bounded north by B. ~aul; east by P. Griswold; south by West Road; and west by golden Avenue. (M~. gowa~d~ w Terry, B~ld~ng' ' Inspector, informed the Appeals Board that theapplicant' had not as yet arrived to speak the variance, ge bad-indicated to M~. Terry that he would attend the hearing at which time he would pay the fee.) On motion by ~. Gillfspie, seconde~ by F~. Grigonis, it was RESOLVED that the Southold Town Board of Appeals postpone the hea~ing on applica~.ion of tenant and Carl Schaub, owner, until the other hearings have been heard tonight or, if applicant does not arrive at the Town office in time to be heard, the ~outhold Town Board of Appeals will postpone hearing until a later date. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. ~outhold Town Board of Appeals -2- May 4, 1972 PUBLIC HEARING: Appeal Ne. 1526 - 7:40 P.M. (E.~.T.), upon applicatienef Robert and Phyllis Mallgraf, Goose Creek Lane (private read), ~uthold, New York, for a variance in accordance with the Zoning Ordinance, Article III, ~ectien 303, for per- mission te build an addition and reduce existing average setback. Location of property: north side Goose Breek Lane, west side north road te Bay View, Southold, New York, bounded north by Geese Creek; east by Rumpler; south by Goose Creek Lane (private road); and Nest by Irmescueo Fee paid $15.00. 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 CHAIRMAN: The application is accompanied by a sketch which indicates that the existing dwelling is 30 ft. x 36 ft. and is located about 102 ft. from the private read to the north. The let is 75 ft. wide on Goose Creek. The proposal is to expand with bedrooms and bath, and garage. There will still be a 58 foot front yard te the private road. T~ CHAIR~N: Is there anyone present who wishes to speak for this application? MR. ROBERT C. MALLGRAF: There are restrictions in the Deed that say we canlt build a two story house because of the people behind us. We w~ld block their view of the water. We have owned the house for about 20 years. (Mr. Mallgraf and the Beard discussed the sketch.) THE CHAIR~N: Is there anyone else who wishes to speak for this application? (There was no response.) THE CHAIR~N: Is there anyone present who wishes te speak against this application? (There was ne response.) After investigation and inspection the Board finds that applicant requests permission to build an addition and reduce existing average setback on property located on the north side of Geese Creek Lane, Beuthold, New York. The findings of the Board are that applicant has owhed the property and dwelling prier to zoning. The dwelling is situated on a narrow lot and the applicant is prohibited from expanding upwards or from expanding in the sideya~ds. The front yard will be 58 feet to the private read. ~thold Town Board of Appeals 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 ~. Grigonis, seconded by Mr. Bergen, it was RESOLVED Robert and Phyllis Mallgraf, Goose Creek Lane (private road), ~outhold, New York, be GRANTED permission, as applied for, to build an addition and reduce existing average setback. Location of property: north side Goose Creek Lane, west side north road to Bay View, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HF~ARING: Appeal No. 1525 - 7:50 P.M. (E.S.T.), upon application of James Mulhall, Kenney~s Road, $outhold, New YOrk, for a variance in accordanc~ with the Zoning Ordinance, Article III, Section 305, for permission to erect a fence exceeding 3 ft. in height in the front yard area. Location of property: west side of Kenney~s Road, Lots l, 2, 3 Map of Kenneywood, Southold, New York. Fee paid $15.00. 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 CHAIRMAN: The application is accompanied by sketches indicating: ~. Original Road Level - Raised Shoulder Reflects Traffic Noise. B. New Road Level - Traffic Noise Directed Toward House. ~. Fence Reflects Large Percent of Noise. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JA2~S MULHALL: I am applying for the variance. This has been a problem for a number of years, since the road level was raised. I have a large number of trees in the front yard and it does afford a funneling effect into the main living quarters and especially into my son's bedroom. We have been living in the area for fifteen years and we have noticed the noise more since th? large colony of summer residents have come. I have made aPPlication (not formal) on several occasions~ and a verbal ~ppe~l to the SuperviSor to have the speed limit reduced from 0 mzles per hour to 30 miles per hour. The Siupervisor explained that it would be a very difficult process. Southold Town Board of Appeals -4- May 4, 1972 THE CHAIRMAN: I think it would be a good idea to keep after the proper authorities to reduce the speed limit. MR. MULHALL: We did not know what to do~ We thought a fence of this type might be effective. I was not aware of the Hew Ordinance so I purchased the fence at considerable expense. It's a stockade fence and we noticed immediate relief. My son noticed that he can sleep much better. He is a light sleeper. We have solved one problem but created another problem because we did not go along with the new regulations. THE CHAIRMAN: I sympathize with the problem because I live on a sea-wall. On a quiet night you can hear people talking from a distance. It is like an echo. This is a problem that exists all over town. It is not unusual or unique. MR. MULHALL: I think it is unique because of the raised road level. THE CHAIRMAN: MR. MU~LL: relief. That is not subject to our control. I am still the victim, and I am looking for THE CHAIRMAN: Noise and traffic are causes outside of our control, i would have to take the position that you do not have unique hardship because this is something that many of us are suffering from. FA~. MD'LHALL: It has an actual funneling effect. I built fifteen years ago and it was advertised as a quiet, residential area but it is not quiet with a fifty mile speed limit. I have a petition to have the speed limit reduced. I would like to have m~ son be able to sleep. THE CHAIRFAN: t dontt believe this can be used as legal Justification for a variance to the zoning ordinance. MR. MULHALL: t have no neighbors in front or in back or on either side of me so it would not affect the value of their property, it is all farmland. ~HE CHAIRMAN: t dontt believe this is the proper place to reduce traffic noise. If we did '~his we would negate the Ordinance. That is the position we would have to take. MR. M~LHALL: THE CHAIRMAN: MR. MULHALL:, E~nat alternative do I have? i would suggest that you see the Town Attorney. I have seen the ToWn Highway Department and i understood from them that there was nothing that could be done. ~outhold Town Board of Appeals -5- May 4, 1972 TEE CHA_IRN~N: We are not empowered to change the Ordinance so we can't relieve traffic noise in the Town of ~o~thold. MR. MULHALL: My diagram shows a unique situation. I am a physics teacher and i am familiar with different types of noise. This was not done on a whim. · HE CHAL~qMAN: Is the fence on your own property? MR. MULHALL: It certainly is. You may look at my marker. It is not on Town Road property. THE CHAIP~MAN: Is it 6 inches inside your property line? E. ~JLHALL: I know it's on my own property; whether it is 6 inches, I don't know. Is the marker ~ inches in width? I might be 5~'~ or 5 3/4~.insi~e the line I have a problem (my family can't sleep) whzch d~d not exis9 before the road was built up. THE CHAIR~.N: I don't think this is a legal basis for hardship, either as unique or unusual. THE CHALRMAN: Does anyone else wish to speak for this application? (There was no response.) THE CH~IRMAN: Is there anyone present who wishes to speak against this application? (There was no response) ~fter investigation and inspection the Board finds that applicant requests permission to erect a fence exceeding 3 feet in height in the front yard area on the west side of Kenney~s Road, Bouthold, New York. The findings of the Board are that this is not an unusual hardship in the Town of ~outhold; it is not unique; and to grant would, in fact, require the Board of Appeals to assume the legislative Function of the Town Board. The Board finds that strict application of the 0rdiuance would not produce practical difficulties or unnecessary hardship; the hargship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character ef the neighborhood and will not observe the spirit of the Ordinance. Eouthold Town Board of Appeals -6- May 4, 1972 On motion by ME. Gillispie, seconded by Y~. Grigonis, it was RE~OLVED James Mulhall, Kenneyts Road, $outhold, New York, be DENieD permission to erect a fence exceeding 3 ft. in height in the front yard area of property located on the west side of Kenney~s Road, Lots l, 2, 3 M~o of Kenneywood, Southold, New York. Vote of the Board~ Ayes:- Messrs: Gillispie, Bergen, Grigonis. (Applicant was not satisfied with the unanimous decision of the Board. The Chairman informed Mr. James Mulhall that he could appeal the decision within thirty days.) PUBL~ HEARING: Appeal No. 1524 - 8:10 P.M. (E.~.T.), upon application of Walter Haller, ~-C Bayview Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, for permission to erect a fence exceeding 3 feet in height in the front yard area. Location of property: Bayv~e~ Avenue, L~ts 84 and 85, ~u~er Haven, Map ll~, Greenport New York. Fee pa!d ~15.00. ' The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official n~wspapers, and notice to the applicant. T~ CHALW{~N: The application is accompanied by a sketch which shows the layout of the property. THE CHAIRMAN: Is there anyone present who wishes to speak for this applzcat~on. MR. WALTER HALIER: I would like to have a four foot high fence mainly to keep my dog confined, and to have privacy. My dog is a seven year old Dalmatian, well behaved, but she likes to go through ga_wbage cans which is annoying to neighbors. I would like to keep her on the property. THE CHAIRMAN: You probably heard the hearing of the previous application. We are limited as to what we can do in the front yard area. In the side yards and in the rear yard you can go to 6~6~ so I believe the way to contain a dog, as far as zoning is concerned, is to fence the backyard. MRS. HALLER: ZF we were to put a three foot Fence across the front yard it wonld not match our next door neighborts fence. TH~ CHAIR~&N: Their fence was erected prior to this Zoning Ordinance. It is a non-conforming use. ~outhotd Town Board of Appeals -7- May 4, 1972 MRS. HALLER: How far back could we go? THE C~IR~N: 6 inches off your property line. (The Chairman and Mr. and Mrs. Haller discussed the property lines.) THE C~&IRF~N: You may put a 6'6~ fence in the rear and/or side yards; or a 4 foot fence if you prefer. THE CHAIRMAN: Is there anyone present who w~shes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to erect a fence exceeding three feet in height in the front yard area on property located on Bayview Avenue, Lots 84 and 85, ~u~m~er Haven, Map 1133, Greenport, New York. The Board finds that it must deny this application for the reason that, according to the new Zoning Ordinance, a fence in the front yard area must not exceed three feet in height. The Board Finds that applicant may erect a fence in the rear yard or sideyard areas to a height of e .... 6t6~, the fence to be no closer than 6 from the property line. The Board finds that ' ~ - strzc~ application of the 0rd~nance would not p~oduce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood and wil~ not observe the spir~ - ~t of the Ordinance. On motion by Mr. Bergen, seconded by ~. Grigonis, it was R~OLVED Walter Haller, 4~-C BayView Avenue, Southo~d, New York, be DEN~ED p rmzss~on to erect a fence exceeding 3 feet in height in the front yard area, as applied for. LoCation of property: Bayv~w Avenme, Lots 84 and 85, Summer Haven, Map 1133, Greenport, New York, Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: ApPeal No. 1522 8:20 o ~ . - ~.M. (E.S.T.), upon application of Harold Raynor and Wife, 131 !Stlrling Street, Greenoort New York, for approval of access under Section 280A of the Town L~w. Location of property: right-of-way off north side Manhanset Avenue, Greenport, New York, bounded north by Dow; east by Gull Pond; south by L. Tuthill and others; and west by Poll and Dow. Fee pd $15.00. Southo!d Town Board of Appeals -8- May 4, 1972 The Chairman opened the hearing by reading the application for approval oF access, legal notice of hearing, affidavit attesting to its publication in the official newsoapers, and notice to the applicant. - THE CHAIRF~_N: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRM~N: Is there anyone present who wishes to speak aoaznsv this application? (There was no response.) After investigation and inspection the Board finds that applicant requests approval of access. Location of property: right-of-way off north side of Manhanset Avenue, Greenport, New York. The findings of the Board are that applicant has an excel~t driveway into this property, and it is the belief of the Board that the Building Inspector should give approval. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical dz_ficu!ties 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 0rd.nance. On motion by M~. Hulse, seconded by !rm. Grigonis, it was RESOLVED Harold Raynor and wife, 131 Stifling Street, Greenport, New York, be G~ANTER approval of access, as applied for. Location of property: right-of-way off north side Manhanset Avenue, Greenport, New York. Vote of the Board: Grigonis. Ayes:- Messrs: Gi!lispie, Bergen, Hulse, PUBLIC HEA~ING. Appeal No. 1523 - 8:30 P.M. (.S.T.), upon application of Ernest Maser, 23 Roiiver ~treet, R utherzord, New Jersey, for a special exception in accordance with the Zoning Ordinance, Article iii, ~ection 300, B-l, for permission to convert an existing dwelling into a two family d ellzng. Location W ' of property: right-of-way off west side Sixth Street, Greenport, New York, bounded north by J. Pzrzllo~ east by Private road, south by Peconic Bay, and west by William Braun. Fee paid $1~. 00. Southold Town Board of Appeals -9- May 4, 1972 The Chairman opened the hearing by reading the application for a special exception, legal notice ef hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRM~N: For the record: The Southold Town Board of Appeals wrote to tl~e Village of Greenport on April 26, 1972 as follows: '~We have an application from Ernest Maser, R.0.W. off W/S 6th Street (former Ellsworth property) for special exception to convert existing dwellingkto two family dwelling. Copy of legal notice enclosed. Please acknowledge receipt of this notice on copy of this letter enclosed. (Signed- Robert W. Gillispie, Jr., Chairman, Bd. Appeals).~ Mabel Harris, Village Clerk, acknowledged receipt ef notice on 4/27/?2. We have two petitions, both of which are worded as fellows: ~Board of Appeals: it has been brought to our attention that the old Ellswerth (Cook) house off 6th Street in Greenport has a binder on it with all intentions of breaking down the zoning from Residential f'A~ to multiple dwelling. We, the members of the Cove Circle Association are all firmly against such a change." Signatures on Petition #1: Robert A. Braun, Franklin Ashby, Janet M. Ashby, Cynthia S. Pirillo, Anthony K~Nichols, Mary Nichols, Art.hut G. Coffin, Helen F. Coffin, Martin Schwartz, Florence Schwartz. Signatures on Petition #2: W. H. Braun, Robertina Braun, Harriet 9. Scott, Alexander Ecott, F. L. Simpson, Joseph H. Braun, Evelyn Braun, Jacob N. Tyler, Wilhemina Tyler, Dorothy Combes, James J. Pirilto, George Simpson. We have also received a letter from Robert A. Braun, Box 457, North Country Road, Miller Place, N. Y. vehemently opposing the request of the applicant. Letter dated April 25, 1972, addressed to the Boa_~dl of Appeals, was received from Mr. Ernest Maser. The letter authorizes James 01sen or William Natisch, Jr. of 01sen Realty, Inc., Route 25, Mattituck, L. I., N. Y., to appear in his behalf at the hearing on his Application f~r a special exception scheduled for May 4th, 1972, at 8:30 P.M. (E,D,~.T.) at the Town 0ff~ce, Main Road, Southold, New York. THE C~MAN: The applicant states that the area of the premises is in excess of the required 80,000 sq. ft. Our in- vestigation indicated that it was considerably less. We examined the T~ Map here in the office and it looks as if it is more like 35,000 sq. ft. THE CHALRMAN: is there anyone present who wishes to speak for this application? MR. ERNEST MASER:I went out to the property and looked it over. I don~t want to step on anybody's toes, I like to get along wlth ~y neighbors, and I would like to be friendly in every way. I thought I could make it a two family house when I purchased it. However, I am not trying to press it. There are a lot of windows broken, i den~t know how long it has been standing like that. Southold Town Beard of Appeals -10- May 4, 1972 MR. ERNEST MASER (conttd): i am mainly concerned with the damage that I have seen there, the vandalism, and I thought that somebody should be there at all times. THE CHAIRMAN: Have you seen a survey of this property? MR. MA~ER: I was under the impression that it was 100 feet by 300 feet. THE CHAIRMAN: That would make it 30,000 sq. ft. You state in the application that it is 80,000 sq. ft. MR. I~.SER: The only reason I want to make it into a two- family house is because of damage being done to the house. THE CHA~IR~N: Do you not also want to derive income to help carry the property? MR. M&SER: No~ I don~t want that twisted around. I don~t want to step on anybody's toes. Mainly I want someone there full time. TtTE CHAIR3~N: Is there anyone else who wishes to speak for this application? MR. JAMES Or_~EN: I am here to speak for the application. Under the new ordinance this would require two acres of land. This property is supplied by Village water. THE CHAIR~%N: Under the new Ordinance the requirement is for 80,000 sq. ft. fe~ a two family house. You have applied for a special exception on a plot that is 30,000 sq. ft. The Tax Map appears to show 35,000 sq. ft. Anyway, it is less than half the reqnired acreage and this Board would not be legally able to grant a variance. You ha~e applied for a special ex- ception that the Board could grant on 80,000 sq. ft. We took the view originally that it was better to have some' of the older houses occupied by two or more families than not to have them in use at all. The Supreme Court upheld us and the Appellate Division upheld us but we are not a legislative body. The new Ordinance states 80,000 sq. ft. for a two family dwelling. Some people think that is too high, and others agree with it. This is a hardship that applies to anyone in the Town of Southold. This would not be unique or unusual hardship and it would change the character of the neighborhood. This will have to be denied for those reasons. ~ometimes we have to take a position directly opposite to the popular view. Tonight, the popular position is "against" but if you had 80,000 sq. ft. I think we would be required to grant. A special exception is really a required exception. As far as this Board $outhold Town Board of Appeals -!i- May 4, 1972 is concerned if an applicant meets the requirements this Board should grant the relief he seeks. In this case, the applicant doesn't meet the'requirements. THE CHA]!qMAN: Does anyone else wish to speak for this appl~catzon. (There was no response.) THE CHAIRMAN: Is the~e anyone present who wishes to speak against this appl~catmon, MR. WILLIAM BRAUN: I have lived here for eighteen y~earm and I liVed in that house for seven years and never had any t~ouble. I now live in the houseadjacent' to it and have had no vandalism. I just come out on weekends. THE CHAIRMAN: How long has the Ellsworth house been vacant? MR, BRAUN: The Cooks came out last summer. We have had no trouble. It would not be necessary to make it a two family house. I think the house was left in that condition by the Cooks. MR. JAMEE PIRILLO: Anyone can walk in that house. They left the doors wide open. THE CHAIRMAN: Does anyone wish to tell us why you don~t think a two family house should be there? MR. ALEXandER ECOTT: The biggest pr~olem is probably with cesspools. The Village won't supply a sewer line. They shut it off when I put my house there. I have cesspools. EHE CHAIRMAN: Where are you located? MR. SCOTT: i am east of the Ellsworth house. Mine is the new house. MR. OLS~N: There is a sewage line leadl.~g in but the Village stopped it. THE CH~IRMA~N: Are there any other questzons. (There was no response.) After investigation and inspection the Board finds that applicant requests permission to convert an existing dwelling into a two family dwelling on property located- right-of-way off west side Sixth Street, Greenport, New York. The findings of the Board are that applicant does not meet the requirements of the Zoning Ordinance to establish a two family house, particularly in respect to the size of the property. Southold Town Board of A~ppeals -12- May 2, 1972 The Board finds that the public convenience and welfare and Justice will not be se~ed and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance Will not be observed. On motion by Mm. Giliispie, seconded byMr. G~igonis, it was RE~OLVEDErnest Maser, 23 Rolive~ ~treet, Rutherford, N. J., be DENIED permission to convert an existing dwelling into a two family dwelling at property located- right-of-way off west side ~ixth Street, Greenport, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1528 - 8:40 P.M. (E.~.T.), upon application of Edward Houghton, 37 No. Babylon Turnpike, Merrick, New York, for a variance in accordance with the Zoning Ordinance, Article III, ~ecion 300-C,2, and Section 302, for permission to maintain a private swimming pool, located partially in the side yard area. Location of property: Lot #48, Green Acres at Orient, west side Greenway East, Orient, New York. Fee paid $15.00. 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 Chairman m~so read letter addressed to Mr. Howard Terry, Building Inspector from ~. E. F. Houghton, dated April 21, 1972.) THE CHAIRMAN: The application is .accompanied by a survey of Van Tuyl indicating that the pool is on the north side of the house, partially in the side yard and partially in the rear yard. The lot is 165 feet on G~eenway East, 130 feet in depth on the north, 126 feet in depth Oh the southerly boundary, and 162 feet plus on the westerly boundary. ~ THE CHAIRM&N: Is there anyone present who wishes to speak for this application? MR, EDWARD F, HOUGHTON: I am the owner. We are moving from Orient to ~outhold and, of course, have to sell that property. I did not realize that we did not have a Certificate of Occupancy for the pool. TRE CHA. IRM&~N: ~There is a pool in a similar location that was granted a variance~.{The Chairman read from the application). Who has that pool? MR. HOUGHTON: Mr. Daniel Archer. ~outhold Town Board ef Appeals -13- May 4, 1972 MR. ROBERT BERGEN: Is the pool fenced in? MR. HOUGHTON: Yes, it does conform to requirements. THE C~IRMAN: When did you build this pool? MR. HOUGHTON: in 1966. THE CHAIRMAN: I don~t believe we had much in the Ordinance about pools at that time, they were called accessory structures. MR. HOUGHTON: I didn't know that the pool was not located in the rear yard. We had several trees in the back that we wanted to keep. It seemed to be the best location. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (Ther® was ne response.) THE CHAIRMAN: &re there any · * ~. questzonSo (There was ne response.) After investigation and inspection the Board f~nds that applicant requests permission to maintain a private swimming peel, located partially in the side yard area of Lot ~8, Green Acres at Orient, New York. The findings of the Board are that applicant was unaware of variance restrictions; there have been no objections from neighbors te the location of the pool; one neighbor with a pool in a similar location has received a variance; the pool was built in ~766 at which time no permit was necessary for an in-ground pool. The Board agrees with ~he reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is u'n~que 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 Mr. Gillispie, seconded by Mr. Bergen, it was RE~OLVED Edward Houghton, 37 No. Babyion Turnpike, Merrick, New York, be GRANTED permission to maintain a private swimming pool, located partially in the side yard area on Lot #48, Green Acres at Orient, New Pork. Vote of the Board: Grigonis. ~yes:- Messrs: Gillispie, Bergen, Hulse, ~.outhold Town Board ef Appeals May 4, 1972 On motion by Nv. Gillispie, seconded by I*~. Itutse, it was RE~OLVED that the minutes of the Southold Town Board of Appeals dated April 20, 1972, be approved as submitted, subject to the following corrections: Appeal No. 1521, Alex J, Danowski, Cutchogue, New York: $orrection on Action: ~t~e hardship created is unique and would e shared by all propertmes alike~ changed to ~'the hardshi~c-~ated zs unique and would not be shared.by all"'properties alike~,. Appeal No, 1520, Richard Cron: Last sentence of restrictions changed to read: ~The r~ght of way shall run with the cohtour of the land rather than filling the natural drainage areas." Also, correction on &ctien: Wthe hardship created is unique and would be shared by all properties alike" chan$e.d to "the hardship---- created is unique and would not be shared by'all properties alike". Vote of the Board: A yes.- Gillispie, Bergen, Hulse, Grigonis. On m~ien by M~. Giltispie, seconded by Mr. Bergen, it was RE~OLVED that the action of the ~outhold Town Board of Appeals dated April 6, 1972, Appeal No. 1500, Peter Neyland, ll5 Broadway, Rockville Centre, New York, be amended as fellows: ~entence added to last paragraph of ~$nditions: '~f water is not extracted from this let, this restriction does not apply." Also, ~the harc~hip created is unique and would be shared by all properties alike~ chan~ed to ~the hardship created is unique and .wou.ld net be sha~ed by all properties alike". Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Hulse, On motion by F~. Gillispie, seconded by N~. Grigonis, it was RESOLVED tha~ the action of the Southold Town Board of Appeals on Appeal No, 1483, Kathleen and Walter Potocki, January 6, 1972, be Changed in the last paragraph to read 130 feet (plus or minus) instead of 13% feet. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Hulse, Gr_gonzs. ~outhold Town Board of Appeals -15- May 4, 1972 The members of the Board of Appeals held an informal dis- cussion with Mr. Robert Parkin, Bay Avenue, Cutchogue, New York, regarding swimming pool. Mr. Parkin asked the Board of Appeals to look over plans to see if, in their opinion, it is feasible to start excavating. The Chairman stated that they did not see any difficulty and scheduled a hearing for 7:30 P.M., Thursday, May 25, 1972. The members of the Board of Appeals held an informal dis- cussion with Angelo and Hazel Petrucci, Bay Avenue, Cutchogue, New York. Mr. Petrucci discussed 1968 map of his property with the Board and stated that he wishes to sell three lots. The Building Inspector informed the Board that on this survey- there is ~ere than enough area for two lots but not enough for three. The Chairman stated that according to the 1968 survey three lots would be out of the question but two lots of 30,000 sq. ft. each could be justified on a hardship basis. I¢~. Petrucci presented the Board with a new survey of Van Tuyl showing 40,000 sq. ft. and 43,000 sq. Ft. and a piece of land across the canal that goes with it. The Chairman informed Mr. Petrucci that according to the new survey dated April 25, 1972 he does not need a variance. Mrs. Gilbert of the 0ysterponds Historical Society held an informal discussion with the Board of Appeals. Mrs. Gilbert said that the ~ociety had had a little souvenier shop inside Village House where they sold postcards, maps, etc. and that this year they would like to expand that operation. They would like to have the shop in the right hand front room of the Vail House. It would be open only two days a week, Thursday and Saturday, from 2:00 P.M. to ~:00 P.M. In addition to maps and postcards they would like to have some old, or antique, things that people llke to take home. Mrs. Gilbert showed pictures to the Board of the Vail House and pointed out the room that they want to use. It would only be open for three months of the year. The Chairman stated that the thing to do would be to apply for a special exception as relocating a non-confozauing use from one building to another would be by special exception under the present Ordinance. On motion by F~. Gillispie, seconded by Mr. Bergen, it was REEOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M., Thursday, May 25, 1972, at the Town OFfice, Main Road, Eouthold, New York. Vote of the Board: Ayes:- Messrs: mll~spze, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -16- May 4, 1972 0n motion by F~. Grigonis, seconded by i~!~. Hulse, it was RESOLVED that the ~outhold Town Board of Appeals set 7:30 P.M. (E.D.$.T.), Thursday, May 2%, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application o£ Robert Parkin, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article IIi, ~ection 300 C-2, for a permit to build a swimming pool in side yard. Location of property: north side Bay Avenue, Cutchogue, New York, bounded north by Quilty; east by lands now or formerly of Petrucci; south by Bay &venue; and west by land now or formerly of Kelly. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr-. Hulse, seconded by M~. Grigonis, it was REBOL~ED that the Southold Town Board of Appeals set 7:~0 P.M. (E.D.S.T.), Thursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Jack Driscoll, North 0akwood Drive, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide and use as sep- arate lots Lot numbers I and 2, Map of Saltaire Estates, Sound View Avenue, Ealtaire Way, Mattituck, New York. Vote of the Board: ~yes:- Messrs: Gil!ispie, Bergen, Hulse, Grigonis. On motion by ~. Gillispie, seconded by F~. Bergen, it was REEOLVED that the Southold Town Board of Appeals set 7:%0 P.M. (E.D.~.T.), Thursday, May 2%, 1972, at the Town Office, Main Road, Sou~hold, New York, as the time and place of hearing upon application of &lbert Garbade, Indian Neck Lane, Peconic, New York, for an application to offse~ an undersized lot and build a one family dwelling and a variance in accordance with the Zoning Ordinance, Article III, Section 301, and Article II, Section 203, subd. ~. Location of property: west side of Indian Neck Lane, Peconic, New York, bounded north by land now or formerly of A. Sacco; east by Indian Neck Lane; south by Vaitis; and west by land now or formerly of A. ~acco. Vote of the Beard: ~yes:- Messrs: Gz_t~spie,'l ' Bergen, Hulse, Grigonis o ~outhold Town Beard of Appeals -l?- May 4, 1972 On motion by ~. Bergen, seconded by ~. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.D.~.T.), Thursday, May 25, 1972, at the Town Office, Main Read, ~outhold, New York, as the time and place of hearing upon application of Philip 0~Frias, Bay View Road, $outhold, K. Y., for a variance in accordance with the Zoning Ordinance, Article III, Section 305, to erect a fence ever three feet high in the front yard area. Location of property: north side of Bay View Road, $outhold, New York, bounded north by C. and P. Dickerson; east by J~ Jacques; south by Bay View Road; and west by Dickerson-Vanmater. Vote of the Board: Ayes:- MessrS: Gmll~sp~e, Bergen, Hulse, Grlgonis. On motion by ~ir. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the ~outhold Town Board of Appeals set 8:20 P.M. (E.D.S.T.), Thursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of George Miller, Oak Drive, Heydon Shores, Southold, New ~7ork, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 to build an addition on existing building with insufficient side yard. Location of property: Map of Reydon Shores, Lots 31, 32, and 33, Section D, Bouthold, New Fork. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Hulse, seconded by ~. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.D.~.T.), Thursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Lillian Huhnken, Stillwater Avenue, Cutchogue, New York, fo~ a variance in accordance with the Zoning Ordinance, Article III, Section 301, to divide seven lots with existing dwelling into three lots. Location of property: Track Avenue and Etillwater Avenue, Cutchogue, New York, Map o£ M. So Hand, Lots 46, 47, 48, 73, 74, 75, and 76, CUtehogue, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Beard of Appeals -18- May 4, 1972 On motion by I~r. Grigonis, seconded by F~. Bergen, it was RESOL~ that the Somthold Town Board of Appeals set 8:45 P.M. (E.D.S.T.), Thursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Margaret Katzenberg, Town Harbor Lane, ~outhold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to set off mndersized lot with existing dwelling. Location of property: south side of Indian Neck Lane, Peconic, New York, bounded north by Indian Neck Lane; east by land now or formerly of Jo Dauth; south by Little pe chic Bay; and west by land now or formerly of MY L. Wiles ~state. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonls. On motion by ~. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Bo~rd of Appeals set 9:00 P.M. (E.D.S.T.), Thursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Salvatore Loria, First and King Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 and Article VII, Section 700 B-3, for permission to use a private garage as co~aercial storage. Location of property: west side of First Street, New Suffolk, New York, bomnded north by Benick; east by First Street; south by C. Avent; and west by Mary and Start Victoria. Vote of the Board: Ayes:- Messrs~ Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Hulse, seconded by M~, Grlgonis, it was R~SOLVED that the Southoid Town Board of Appeals set 9:20 P.M. (E.D.$.T.), Thursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Thomas and Virginia Jernick, Shelter Island, New York, for a special exception in accordance with the Zoning Ordinance, Article VIII, Section 800 B-3, to use premises and operate a commercial storage building. Location of property: south side of Corwin Street, Greenport, New York, bounded north by Corwin Street; east by Seventh Street; south by Long Island Railroad; and west by Emghtn Street; now or formerly lots numbered 45, 46, 47, 48 and 49 on Map of S. B. Corwin, Greenport, New~ork. Vote of tSe Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. ~outhold Town Board of Appeals -19- May 4, 1972 0n motion by Mr. Grigonis, seconded by ~. Gillispie, it was R~0LVED that the Southold Town Board of Appeals set 9:30 P.M. (E.D.~.T.), Thursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Robert Vanderbeck, 2475 West Creek Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to build an addition on existing dwelling with insufficient side yard. Location of property: eqst side of West Creek AvenUe, Cutchogue, New York, bounded north by William May; east by E. Mort; south by G. Barning; and west by West Creek Avenue. Vote of ~he Board: Grigonis~ Ayes:- Messrs: Gillispie, Bergen, Hulse, On motion by Mr. Gzll_sp~e, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:45 P.M. (E.D.S.T.), Thursday, M~y 2%, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of James Dean, New Suffolk Avenue, Cutchogue, New York, for a variance in accordance with the Zoni~ Ordinance, Article III, Section 300 C-3, for permission to build an accessory building in front yard area. Location of property: Lot number 9, Map of Downsview, south side of Dean Drive, Cutchogue, New York. Vot~ of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonls. On motion by M~. Bergen, seconded by Mr. Hulse, it was RESOLVED that the ~euthold Town Board of Appeals Set 9:5~ P.M. (~.D.S.T.), Thursday, May 2~, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of 0ysterponds Historical Society, !nc., Village Lane, Orient, NewYork, for a special exception in accordance with the Zoning Ordinance, Article III and XI!, Sections 300 B-3 and 1204 a, b, and c, for permission to relocate a non-conform- ing use within the same property and in a different building. Location of property: east side of Village Lane, Orient, New York, bounded north by Mabel Richards; east by Andrade; south by Ledy; and west by Village Lane. Vote of the BOard: Ayes:- Messrs: Gillispie, Bergen, Hulse, Gr~gon~s. Southold To~n Board of Appeals -20- May 4, 1972 On motion by 1~. Grigonis, seconded by M~. Bergen, it was RESOLVED that the Southold Town Board of &ppeals set 10:10 P.M. (E.D.S.T.), Thursday, May 25, 1972, at the Totem Office, Main Road, Southeld, New York, as the time and place of hearing upon application of Marjorie Baker a/c Universalist C~hurch Ladies League, Southold, New York, for a special permit in accordance with Zoning Ordinance Article III, Section B, subd. 14, to conduct a yard sale for the Benefit of the Church Society. Location of property: premises o~fMarjorie Baker, Youngs Avenue and Main Street, Southold, New York. Date of sale to be July 5, 1972. Vote of the Board: Grigonls. &yes:- Messrs: Gillispie, Bergen, Hulse, On motion by Mr. Hulse, seconded by Mr. Gillisple, it was RESOLVED that the Southoid Town Board of Appeals set 10:20 P.M. (E.D.SoT.), Thursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as tlme time and place of b_earing upon application of Agatha Wilkinson, Oaklawn Avenue, ~outhold, New ~Vork, for a special permit in accordance with Zoning Ordinance Article III, Section B, subd. 14, to conduct a yard sale on premises east side of 0aklawn Avenue, Southold, New York, bounded north by Ulrich; east by C. Grigonis; south by C. Neese; and west by 0aklawn Avenue. Date of sale to be July l~, 1972; rain date July 16, 1972. Vote of the Board: Ayes:- Messrs:Gillispie, Bergeu;Hulse,Grigonls. 0n motion by ~. Gillispie, seconded by M~. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 10:30 P.M. (E.D.S.T.), T_hursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Arthur Epurway, Sound View Avenue, 8outhold, New York, for a variance in accordance with the Zoning 0rdinauce, Article IIZ, Section 501, for permission to divide property and set off lot with existing dwelling. Location of property: south side of Soundview Avenue, Southold, New York, bounded north by Soundview Avenue; east by Bailey, Jacobi, Latham and others; south by Town. of Southold and others; and west by Terp. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -21- May 4, 1972 On motion by ~. Bergen, seconded by M~. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 10:45 P.M. (~.D.~.T.), T_hursday, May 25, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Barbara Haurus, Main Road, Cutchogue, New York, for a special permit in accordance with the Zoning Ordinance Article Iii, Section B, subd. 14, to conduct a yard sale on premises north side of Main Road, Cutchogue, New York, bounded north by Coyne; east by Rowland; south by Main Road; and west by Coyne. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. The Meeting was adjourned at 10:50 P.M. Respectfully submitted, PPROV£D . cgermott, Secretary ~rm~-$~P~~/~/ ~outh~l~ Tow~ BOard of ~ppea~s Rbb'~rt ~ Gillispi'e, Jr.,~hair~n