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HomeMy WebLinkAboutZBA-04/20/1972 APPEAL BOARD MEMBER Robert ~f/. Gillispie, .Jr., Chairman Robert Bereen Charles Grigonis, Jr. Ser~e Doyen, Jr. Fred Hulse, Jr. $outhold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119'71 Telephone 765-2660 MZNUTES S~OUTHOLD TOWN BOARD OF APPEALS April 20, 1972 & regula~ meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, April 20, 1972, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillfspie, Jr., Chairman; Robert Bergen; Fred Hmlse, Jr. Absent: ~. Charles Grfgonis, Jr. and Mr. Serge Doyen, Jr. Also present: Mr. E~ward Terry, Building Inspector. PUBLIC HEARING: &ppeal No. 1516 - ?:30 P.M. (E.D.S.T.), upon application of Joy Finkle, Main Road, Orient, New York, for a variance in a~cordance with the Zoning Ordinance, &rticle Iti, ~ectfon 301, for permission to divide property into single lots of less than ~0,000 sq. ft. area and one lot with less than 135 ft. frontage. Location of property: no~th side of Main Road, Orient, New York, bounded norSh by now o~ formerly Tabor; east by E. B~own; south by Main Road; and west by now or formerly of Habermano Fee paid $1~.00. The Chairmnn 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. TEE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated January 3, 196~ indicating that the frontage on Main Road is 269.69 ft. The let is trapezoidal in area with a depth of 192 ft. on the westerly boundary and 245 ft. on the easterly boundary. The dimension of the northerly boundary is 324 ft. The proposed a~ea of the lot to be created from this parcel is approximately 31,000 sq. ft. wits a proposed westerly dimension of 220 ft. and 134 ft. on the road; the original ~outhetd Town Board of Appeals -2- April 20, 1972 boundary of 245 ft. on the east and 134 ft., plus or minus, on the north. The land which is proposed to be divided out is unimproved except for a shed. The adjoining property has a right-of-way to land formerly of Tabor. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. FLOYD F. KING, JR.: I feel the application should be granted. The right.of-way does dissect it. The house has been there for a good many years. The general appearance would in- dicate that before zoning it c~mld have been set up as a separate lot. Both ef these lets will be substantially larger than most o£ the lots ih the neighborhood. THE CHAIRMAN: To which lots are you referring? MR. KING: The lots on Route 25. THE CHAIRMAN: Do you have the dimensions for the lot adjaceht to the east, E. Brown? I know there are two lots across the street which are smaller. MR..KING: I don~t have the dimensions of the E. Brown lot but there are a number of smaller lots. I think that the land of Habermann and the lot that belongs to Moore could be larger. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? ~. D&VID MOORE: I just want to ask if this property is divided into two lots do both of them have to comply with standards as far as water and cesspools are concerned? THE CHaIRMAN: That's a matter for the Board of Health and with a lot of this size I don~t think the Board of Health would raise any objection whatsoever. Last year they were approving 20,000 sq. ft. lots. One of these lots would be 31,000 sq. ft. and the other would be considerably larger so I would not expect any difficulty. As far as we are concerned, the original ordinance specified 12,500 sq. ft. Without water and sewage the Ordinance now requires 40,000 sq. ft. The same thing that is true in our Ordinance is also true in the Board of Health rules as they apply to subdivisions. The only exception is where a subdivision has its own water and approved means of disposing of sewage. The area in that case can be as low as 20,000 sq. ft. I would not expect any difficulty. ~e~thold Town Board of Appeals -3- April 20, 1972 MR. DAVID MOORE: My house is close to the easterly side of the property. ~f the old ho~se is re-done would the sub- division make any difference in the placement of cesspools, etc. T~ CHAIRMAN: The location of cesspools and wells is a Board of Health job. I think 100 ft. is required between a cesspool and a well, also 100 ft. from your well. They do not want to deprive people of the use of their property. The Ordinance is a projection for the future. It can't be arbitrarily imposed on a 300 year old village. Just because someone says a lot has to be 80,000 sq. ft. doesntt mean you can do it if you don't have enough land. It would be unfair if a person were not allowed to use his property under the present Ordinance when the~size of his lot er lots complied with the law ten years ago. RICHARD NEY, Orient: This is, in a way, a subdivision. THE CHAIRMAN: T~zis is one lot being divided into two lots. I think, probably, you are right. ~. NEY: I was wondering hew this would apply in setting a precedent for future requests that will be coming along. T~ CHAIRMAN: It would have no bearing. This situation might apply if the lot were smaller or larger based on the general use in the area. We had a case where a man had bought an acre and a quarter and then added a half acre to it. The pro- posal now is that he may have to accommodate his eighty year old parents. He would like to build a house on the additional half acre and would gladly enlarge it but can not buy land from adjacent speculators. Zt is not precedent setting. THE CHAIRMAN: Does anyone else wish to speak for or against this application~ (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property into single lots of less than ~0,000 sq. ft. area and one lot less than 13% foot frontage on property located on the north side of Main Road, Orient, New York. The Board finds that the property consists of 1.~5 acres and that the proposed area of the lot te be created would be approximately 31,000 sq. ft. and the remaining ~ot would be considerably larger. Both lots would be larger than many of the neighboring lots. 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; ~eutheld Town Board of Appeals -4- April 20, 1972 the hardship created is unique and would net 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~. Gillispie, seconded by Mr. Huise, it was REEOLVED Joy Finkle, Main Road, Orient, New York, be GRANTED permission, as applied for, to divide property into single lots of less than 40,000 sq. ft. area and one lot with less than 135 ft. frontage on property located on the north side of Main Road, Orient, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. PUBLIC HEA~RING: Appeal No. 1515 - 7:~0 P.M. (E.D.S~.T.), ~pen applieatie~ of Edward ~laga, Woodcliff Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, ~Artiele III, ~ection 301, for permission to divide a lot having less than required frontage and 40,000 sq. ft. area. Location of property: north side Woodcliff Drive, Mattituck, New York, bounded north by Koehler & Brown,. east by GatChel, south by ~oodcliff Drive, and west by Mason Est. Fee paid $15.00. 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 applic ant. THE CH~IR~!AN: Is there anyone present who wishes to speak for this application? MR. EDWARD SLAGA: I would like to build on the 100 foot lot. I purchased it with that in mind. THE CHAIRMAN: Your application is accompanied by a sketch indicating that you own two combined lots with a depth of 228 ft. on the easterly line and 203 ft. on the westerly boundary. Your original lot, the one on which you have your house, is 75 feet and you added the 100 feet. You want to build another house on this and set it off. What is the size ef the lot to the east? MR. ~LAGA: That is about 75 feet wide by 230 feet deep. THE CHAIRMAN: What is the size of the Mason Estate to the west? MR. HOWARD TERRY, Building Inspector: That is an unsold piece of property. It has not been divided and is still owned by the original developers. ~outhold Town Boa~d of Appeals -5- April 20, 1972 THE CHAIRMAN: The combined lots total between 36,000 and 37,000 sq. ft. THE CHAIRMAN: Are there any questions? MR. BORGE ESPEN~EN, Mattituck: In the event that a vari- ance is granted can the property be sold with that variance? Is the variance granted te the property or to the owner? TEE C~A~IRM~: The use of land goes to the property, not to the owner. MR. BLAG&: I anticipate selling and building a smaller house for myself. I will sell the house I am living in now. THE CH~_IRM~N: You will have to divide the property before yo~ sell it. On the new house that you are going to build, you are going te take 100 feet. MR. ~LAGA: I prefer 100 feet. It would be more feasible. T~ CHAIRMAN: I think you need 100 Feet there because there is a pretty severe slope. Are you going to require any variance in locating the new house? MR. ~LAGA: I would build in approximately the same area that my present house is located, about 78 feet off the road. THE CHAIRMAN: 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 divide a lot having less than required frontage and less than 40,000 sq. ft. area on the north side of WoodcliFf Drive, Mattituck, New York. The Board finds that the property was developed into 75 foot lots and the applicant purchased a 75 foot lot and built a house on it. About five years later applicant purchased a 100 foot lot next door to his Original purchase. The size of the lots would be equal to or greater than the other lots in the area. Applicant proposes to sell the house which was built on the 75 foot lot and build a smaller house for himself on the 100 foot lot. ~ 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. Southeld Tewn Beard of Appeals -6- April 20, 1972 On motion by M~. Bergen, seconded by Mr. Hulse, it was RE~OLVED Edward Slaga, Woedcliff Drive, Mattltuck, New York, be GRANTED permission, as applied for, to divide a let having less than required frontage and less than 40,000 sq. ft. area en nerth side of Woodcliff Drive, Mattituck, New York, subject te the fellewing conditien: That applicant divide the property so that the easterly boundary ef the new lot te be created shall be approximately 100 feet from the westerly boundary which is adjacent to Mason Est. The lot upon which there is an existing house shall be about 75 feet wide. (Fer descriptions, see copies of Deeds in file). Vote of the Beard: A · yes.- Messrs: Gillispie, Bergen, Hulse. PUBLIC ~$~ING: Appeal NO. 1517 - 7:50 P.M. (E.D.~.T.), upon application of Lloyd Lindsay, Bungalow Lane, Mattituck, New Yerk, for a variance in accordance with the Zoning Ordinance, Article III, ~ection 305 as applicable to Article VII, Sectien 701, fer permission to install a fence over the permitted height. Location of property: southeast side Main Road, Mattituck, New Yerk, bounded north by now er fohmerly Kander; east by new er formerly Bencher Estate and others; south by G. Newell; and west by Main Road. Fee paid $15.00. The Chairman epened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publicatien in the official newspapers, and notice to the applicant. TEE CHAIRF~AN: Is there anyone present who wishes to speak for this application? (There was no response.) TEE CHAIRMAN: is there anyone present who wishes te speak against this application? (There was no response.) TEE CHAIRMAN: The applicant owns some land en the Main Road in Mattituck. He has put a fence around some boats which he has for storage and display. He received a Notice of Disapproval from the Building Inspecter because the fence exceeds 3 feet in height. TEE CHAIRMAN: Are there any questions? Southold Town Board of Appeals -7- April 20, 1972 After investigation and inspection the Board finds that applicant requests permission to install a fence over the permitted height en the southeast side ef Main Road, Mattituck, New York. The Board finds that a 3 feet fence is inadequate to protect ~he storage and display cf boats from vandalism and that the higher fence improves the area and undoubtedly will keep it neuter. The Board agrees with the reasoning of the applicant. The Board finds that strict application ef 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 ef the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED Lloyd Lindsay, Bungalow Lane, Mattituck, New York, be GRANTED permission, as applied for, to install a fence over the permitted height on property located on the southeast side of Main Road, Mattituck, New York. Vote of the Board:- Ayes:- Messrs: Gillispie, Bergen, Halse. PUBLIC ~.A~ING: Appeal No. 1518 - 8:10 P.M. (E.D.~.T.), upon application of Margaret Tighe, Haywaters and private road, Cutchegue, New York, for a variance in accordance with the Zoning Ordinance, Article III, ~ection 304, for permission to build an additlen en existing dwelling with reduced setback ena corner lot. Location of property: Lot 33, Peconic Bay Properties, (Fishermans Beach), Private Road and Haywaters Road, Nassau Point, Cutchegue, 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 te the applicant. THE CHA~!RF~N: Is there anyone present who wishes to speak for this application? I~q. JOHN HAURU~: This is for a garage. Mrs. Tighe has gene to a lot of trouble to elevate her house. (Mr. Haurus discussed the map of the property with the Board). Southold Town Beard of Appeals -8- April 20, 1972 THE CHA_IR~N: Are you the builder? MR. HAURUS: Yes. 24 feet is shown on the sketch. Because of the fact that there is a cesspool can we cut this dimension down. (Mms. Tighe also discussed the map with the Board). THE CHAIRMAN: We were there this afternoon and have been there several times before. It was pretty wet today. MRS. TIGHE: I am going up three courses, er two feet. If it is possible I would like to have a two car garage. THE CHAIRF~N: We will modify the 24 feet to 22 feet which I believe will miss the cesspool' (The Beard and Mr. Haurus discussed the dimensions of the garage). THE CHAIRF~N: 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 build an addition on existing dwelling with reduced setback on a corner lot- private road and Haywaters Road, Nassau Point, New York. The Board finds that applicant needs a two car §~age. The let is low and the rear is subject to flooding. Applicant proposes to add the garage on the front of the dwelling, replacing an existing addition on the southeast side. The Board agrees with the reasoning of the applicant subject to modification of the size of the proposed garage. The Beard 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 ef 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 Ne. Gillispie, seconded by Mr. Bergen, it was RESOLVED Margaret Tighe, Haywaters and private road, Nassau Point, Cutchogue, New York, be GRAbbED permission to build an addition on existing dwelling with reduced setback en corner lot- Let 33, Pecontc Bay Properties (Fishermans Beach), private road and Haywaters Road, Nassau Point, Cutchogue, New York, subject to the following condition: That the garage be no wider than 22 feet rather than the 2~ feet shown on the sketch which accompanied the application. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. Bouthold Town Board of Appeals -9- April 20, 1972 PUBLIC HEARING: Appeal No. 1519 - 8:20 P.M. (E.~.D.T.), upon application ef William and Evelyn Moffat, Oaklawn Avenue, ~outheld, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide lot and readjust property lines on existing single lot. Location of property: south side private road off east side 0aklawn Avenue, ~outhold, New York, bounded north by Hammesfah~ &Wheeler, east by Buerkle; south by LaRivera, and Maydon; and west by Hardy. 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 CHA~IR~N: As i understand it the proposal is to have the lot te the east, which is owned by Buerkle, acquire 20 feet. MofFat will deed 20 Feet to Buerkle which will enlarge Buerkle's lot to 87 feet, on the private right-of-way. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, EEQ.: I am here to represent Mr. and Mrs. Moffat. (Mr. Bruer discussed map with the Board). The whole idea is to make the lots in the area a uniform size. THE CH~LRi*~N: Is there anyone present who wishes to speak against this application? (There was no respehse.) After investigation and inspection the Board finds that applicant requests permission to divide lot and readjust property lines on existing single lot located south side private road off east side Oaklawn Avenue, Southold, New York. The findings of the Board a~e that this division and readjustment will improve the adjoining lots. The lot from which the 20 feet is to be taken will still have over 100 feet on a private right-of-way and the property to the east will gain an additional 20 feet for a total of 87 feet on the private right-of-way. The Board agrees with the reasoning of the applicant. The Bea~d 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. Southotd Town Board ef Appeals -10- April 20, 1972 On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED Willlam and Evelyn MoFfat, Oaklawn Avenue, Southold, New York, be GRANTED permission, as applied for, to divide lot and readjust property lines on existing single lot located on the south side of private road off the east side of Oaklawn Avenue, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. PUBLIC ~d~ING: Appeal No. 1521 - 8:30 P.M. (E.D.S.T.), upon application of Alex J. Da~owski and others, Cutchogue, New York, For a special exception in accordance with the Zoning Ordinance, A~ticle ViZ, Section 700B, and a variance to Article II, ~ectton 202, SubSections 4 & 5, and Article VII, Section 700 B (4) (F), For permission te operate a body shop, Location of property: west side Depot Lane, Cutchog~e, New York, bounded north by ~chool District 12, east by Depot Lane; south by Shell 0il Company; and west by He~ury Wickham. Fee paid $1%.00. The Chairman 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 applic~nt.(Chairman also read application for variance.) THE CHAIRMAN: The property originally owned by Mr. Danowski was sold te the Long Island Ice Corp. for a Shell Service Station. It has 173 feet on the north, 124 feet on the westerly line, 161 feet en Main Road and 100 feet on Depot Lane. The remaining property has 115.47 feet on Depot Lane. It has 190.88 feet on School District No. 12, 128.03 feet on the westerly bomder and 173.74 feet on the southerly border adjacent to the Long Island Ice Corp. (Shell station). On the property is a residence and a three car residential type garage facility. The propert~ is zoned B-1 (Heavy Business) to the point where the zone line approaches the Cutchogue School District. The majority of the property is in B-1 zone and a small part is in Residential zone. THE CHAIRMAN: Is there anyone present who wishes to speak For this application? ~TANLEY CORWI~, E~Q.: I am here to represent this applica- tion. We have three applications here tonight. I combined them into one because it seemed to be the simplest way to get them before the Board at one time. Let's take the Zoning problem first: As i understand it , if the lot line had been 215 feet we would have had uo problem. ~e are .47 feet over. We ran over by less than 6 inches. ~ really think that is one place the Board could g~ant the exception. Southold Town Board of Appeals -ll- April 20, 1972 The problem about the special exception or use is one that is directed completely to the discretion of the Board and I can only suggest that this is a situation where I believe the type of application would not do any violence to the Ordinance or to anyone in the neighborhood. There is a Shell Station on the corner which belongs to the Long Island Ice Corp. I dontt want to ~enigrate someone's business but I think gas stations are frowned on and generate more tra££ic than the type of business that is contemplated here would generate. THE CH~IR~N: What type of operation is contemplated aside from a body shop? F~. CORWIN: None. TH~ CHAIR~!~N: I had heard that the applicant is negoti- ating for additional property. ~l~. CORWIN: I cantt answer that. I don't represent the owner of the adjacent property on the west. THE C~AIRMAN: There might be an expansion in the future. MR. CORWIN: He would require a special exception for any other property. MR. BERGen: He might put a paint shop there. MR. CORWIN: Most of my dealings have been with a real estate broker. THE 0HAIRNAN: This is a unique type of situation where there is a residential use now and, as I understand it, the last time the property was used for a garage was about ten years ago. They had storage tanks there with the knowledge ~f the School District before he erected the tanks. Then he separated the property into two pieces and sold to the people who lease to Bhell. Eince that time he has not done much to the property himself but it is still zoned B-1 Business. i think the main thing we have to be concerned with is that it doesn't develop into a place that accumulates wrecks but in reading the new O~dinance everything seems to be pretty well covered so I don't think we have to worry about that. We might be concerned with whether this use as a public garage is within 300 feet of a church, public school or library. That's the variance aspect of it. It would seem that a variance should be granted because it is pretty hard to use that property for anything else and there might be worse things than a body shop next tea school. ~outhold Town Board of Appeals -12- April 20, 1972 ~. CORWIN: Something that generates traffic near a school could be worse but I believe a g~eat many children are Bussed in. THE C~IRMAN: We might concern ourselves with noise. How- ever, the school is several hundred feet away. (The Board discussed the area and referred to the map). THE CH~IRI~!N: I think we might be concerned with how close a paint shop is to a school. E. BERGEN: If they put a paint shop in back of the body shop we would net want to have a driveway toward the school side or deers facing toward the school. THE CH~IR~N: 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 operate a body shop en the West side ef Depot Lane, Cutehogue, New York. The Board finds that the property is zoned B-1 and is adjacent to property upon which there is a Shell Station. A very small part of the property is zoned Residential. It is zoned B-1 (Heavy Business) to the point where the zone line approaches the Cutchogue School District. The Boa~d agrees with the reasoning of the applicant. The Beard finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is 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 does observe the spirit of the Ordinance and will not change the character of the district. On motionby Mr. Hulse, seconded by ~. Bergen, it was RESOLVEDAtex J. Danowski and others, Cutchogue, New York, be GRANTED permission to operate a body shop located on the west side ef Depot Lane, Cutchogue, New York, as applied for, subject te the condition that any additional construction to the rear ef the present residence shall be no closer to the northerly line than the line presently established by the existing three car garage, and that the entrance to any additional construction shall face south or east. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. ~euthold Town Board of Appeals -13- April 20, 1972 PUBLIC HEARING: Appeal No. 1520 - 8:~0 P.M. (E.D.$.T.), upon application ef Richard Cron for approval of access under Section 280&, Town Law, and for a variance in accordance with the Zoning O~dinance, &rticle XIII, Section 1301 (B). Location of property: Indian Neck Road, Peconic, New York, bOUnded north by Richmond Creek; east by Eughes and private road, south by Indian Neck Lane, and west by now or formerly F. Kull. Fee paid $l .OO. 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 newspapers, and notice to the applicant. THE CF~IR¥~: Is there anyone present who wishes to speak for this application? RICHARD CRON, E~Q.: I am here because of lack of access to the property. (Mr. Cron and Boa~d discussed sketch). As you probably know, there is already a 12 foot right-of-way. A 30 foot right-el-way has been delineated on the subdivision map. THE C~IRt~AN: The Building Inspector mentioned the natural drainage a~ea. Are you going to cross over a low place? MR. CRON: No. It's fairly well laid out there now in terms of elevation. I donlt think there is any problem as far as drainage on the road is concerned. MR. HOWARD TERRY, Building Inspector: In the latest dis- cussions of the Planning Boa~d they feel that there should be enough room en all these subdivision roads for two cars to pass easily; and the people who are concerned about nature have asked us to make sure there would be no dams built. MR. CRON: The reason 15 feet was mentioned on the application was that that was the figure that was ~sed at that time. However, I dentt thim_k it would be an insurmountable problem to make it 20 feet. I have no objection to that. THE CH~IRP~N: Are there any ether questions? MR. EDW~ARD PERLWITZ, Indian Neck: I have lived in that area practically ali ef m~ life and I ca~ to see how this would be handled and whether there would be any interference with natural drainage. It drains i~to Richmond Creek. MR. CRON: We have no intention of changing the natural state. It is not intended to extend to Lot No. 4. It will really cut off ~outheld Town Beard of Appeals -14- April 20, 1972 at the westerly end of Lot No. 5. It won't be close to where that natural d~ainage is. (Mr. Cron showed a map of the property to Mr. Perlwitz). MR. PERLWITZ: The swamp is fairly wide and tapers out. ~2. CRON: I have no intention of doing anything with that whatsoever. There is enough buildable area east of that drainage area without having to disturb the area. MR. PERL$I!TZ: The west side of the whole thing is pretty much of a ~cat brier jungle~. MR. CRON: ~eme call it "wooded". MR. PERLWITZ: There are three parallel roads. MR. CRON: I have no control over that. MR. PERLWl~Z: It is up to individuals as to what they do with the pre_perry and I hope they use some sense. Actually, now, itts an excellent piece ef wild life preserve but people have a concept ef what a place should look like. If they come from Garden City theywant it to leek like that. (There was a general discussion of the property). THE CPI~IR~N: It is requi~ed that this Board consider access to minor subdivisions. The State Law requires a minimum of l~ feet of access and it has to be cleared to that extent to allow for ingress and egress of emergency vehicles. That is the law under which we are considering this application. We are attempting to create a road that will not be a problem for people in the future and we are keeping in mind adjacent areas. This particular case is a relatively simple one. (F~. and ~s. Fisher of Indian Neck expressed an interest in the work of the Beard of Appeals. Mr. Pisher was under the impression that the lots in question were quite small. Mr. Cron informed him that they were better than an acre in size.) THE C~IRF~N: For the record; my son is a partner in this venture withM~. Cron. I de not have any financial interest in it whatsoever. I will have to vote because we do not have a quorum. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -15- April 20, 1972 After investigation and inspection the Board finds that applicant requests permission for approval of access and for a variance on property located on Indian Neck Road, Peconic, New York. The Board finds that a 30 foot right-of-way has been delineated on the subdivision map. The private road will only provide access to the lots in the approved minor subdivision. There will be no interference with natural drainage. The Board finds that strict application of the Ordinance will 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 does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED Richard Cron, New Suffolk, New York, be GRANTED approval of access, and variance, as applied for on property located on Indian Neck Road, Pec~nic, New-York, subject to: Improvement of right-of-way by the use of bank run or similar material to a width of 20 feet within the 30 foot right-of-way which has been designated on survey of July 30, 1971 proceeding from Indian Neck Road to Lot No. 4 on this survey. The right- of-way shall run with the contour of the land rather than filling the natural drainage areas. Subject to Building Inspector's approval. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M., Thursday, May 4th, 1972, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulee. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated April 6, 1972, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. Southold Town Board of Appeals -16- April 20, 1972 For the record: A letter was received, dated April 6th, 1972, from M~. Herman C. Heess, Jr., 12 Victor Street, Valley Etream, New York, requesting that the Board deny the appeal by Peter Neytand te b~ild a house on his lot in Gardiners Bay Estates. M~. Heess claims that granting permission to Mr. Neyland would take away 1~. Heess's right to use property which is granted te him in a legal contract. The Chairman dictated a letter to F~. Heess informing him that before his letter was received a decision had been made to grant Mr. Neyland the use of his property subject to conditions. The case of Whitrock vs. Lascelle, Camp Mineola, Mattituck, New York, has been dropped. A request was received from the County Planning Commission for additional maps of Hunter and G_ zppe pr opert ies. Regarding Jermick Moving and Storage the County Planning Commission feels that the Town should rezone the property. On motion by M~. Gi!lispie, seconded by Mr. Hulse, it was RE~OLVED that the Bouthold Town Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, May 4, 1972, at the Tow~ Office, Main Road, ~outhold, New York, as the time and place of hearing upon application of tenant and Carl Schaub, owner, for a variance in accordance with the Zoning Ordinance, Article III, ~ction 305, for permission to install a fence on a corner lot over 3 feet high. Location of property: West Road and Holden Avenue, Fleets Neck, Cutchogue, New York, bounded north by B. Eaul; east by P. Griswold; south by West Road; and west by Holden Avenue. Vote of the Board, Ayes:- Messrs: Gfilispie, Bergen, Hulse. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED ~t~at the Southold Town Board of Appeals set 7:40 P.M. (E.S.T.), Thursday, May ~, 1972, at the Town Office, Southold Town Board of Appeals -l?- &pril 20, 1972 Main Road, Southold, New York, as the time and place of hearing upon application of Robert and Phyllis Mall~raf, Goose Creek Lane (private road~, $outhold, New York, for a variance in accordance with the Zoning Ordinance, ~rticle III, Section 303, for per- mission to build an addition and reduce existing average setback. Location of proDerty: north side Goose Creek Lane, west side north road to Bay View, Bouthold, New York, bounded north by Goose Creeks east by Rumpler; sou'thby Goose Creek Lane (private road); and west by Irmeseue. Vote ef the Board: Ayes:- Messrs: Gillispie, Berge, Hulse. On motion by ~. Bergen, seconded by Mr. Gillispie, it was R~g0LVED that the Southold Town Board of Appeals set ?~50 P.M. (Eo~.T.), Thursday, ¥~y 4, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of James Mulhall, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 305, for permission to erect a fence exceeding 3 ft. high in the front yard area. Location of property: west side Kenny Road, Lots l, 2, 3 MAp of Kenny Wood, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by ~. Bergen, seconded by Mr. Hulse, it was RESOLVED tha% the Bouthold Town Board of Appeals set 8:10 P.M. (E.S.T.), Thursday, May 4, 1972, at the Town Office, Main Road, ~outhold, New York, as the time and place of hearing upon application ~f Walter Haller for a variance iu accordance with the Zoning Ordinance, Article III, Section 305, for per- mission to erect a fence exceeding 3 ft. in height in the frout yard area. Location of property: Bayview Avenue, Lots 84 and 85, ~mmer Haven, Map 1133, Greeuport, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse~ On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RE~0LVED that the Bouthold Town Board of Appeals set 8:20 P.M. (E.S.T.), Thursday, May 4, 1972, at the Town Office, Southold Town Board of Appeals -18- April 20, 1972 Main Road, Seuthold, New York, as the time and place of hearing upon application of Harold Raynor and wife for ~oproval o£ access under ~ection 280A of the Town Law. Location of oroperty: right-of-way elf north side Manh~anset Avenue, Greenport,~New York, bounded north by Dow; east by Gull Pond; south by L. Tuthill amd others; and west by Pell and Dow. Vote ef the Beard: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by N~. Hulse, seconded by ~. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.S.T.), Thursday, May 4, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Ernest Maser for a special exception in accordance with the Zoning Ordinance, A~ticle III, Section 300, B-l, for permission to convert an existing dwelling into a two family dwelling. Looation of property: right-of-way off west side Sixth Street, Greenport, New York, bounded north by J. Pirillo, east by Private road; south by Peconic Bay, and west by William Braun. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by M~. Gillispie, seconded by Mr. Bergen, it was REEOLVED that the Southold Town Board of Appeals set 8:40 P.M. (E.~.T.), Thursday, May 4, 1972, at the Town Office, Main Road, ~outhold, New York, as the time and place of hearing upon application of Edward Houghton, for a variance in accord- anee with the Zoning Ordinance, Article iii, Section 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. Vote ef the Beard: Ayes:- Messrs: Gillispie, Bergen, H~Ise. The Mee~ eurned at 10:00 P.M. Respectfully submitted, Mar~o~e McDermott, Secretary So~thold Town Board of Appeals