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HomeMy WebLinkAboutZBA-06/23/1977 APPEAL BOARD MEMBERS RoBert W. Gilllspie, Jr., Chairman Robert Bergen Charles Griflonis, Jr. Settle Doyen, ,Jr. Fred Hulse, .Jr. Southold Town Board o£ Appeals SOUTHOLD, L. I., N. Y. 11971 Telephone 765-o660 MINUTES Southold Town Board of Appeals June 23, 1977 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (EDD.S.T.), Thursday, June 23, 1977, at the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr. PUBLIC HE~/{ING: Appeal No. 2290 - 7:30 P.M. (E.D.S.T.) upon application of James E. Cross, Main Road, Cutchogue, New York, fora varianee in accordance with the Town Law,.Section 280A for approval of access. Location of propgrty: Right-Of- way, north Ride Main Road, Cutchogue, New York, bounded on north by M. Sut~r; east and south by other land of applicant; west by W. Adel, Jr. The Chairma~ opened the hearing by reading the application for a var.iance~ legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli~ cant, ~d disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. R. L. Armbrust; W. L. Adel, Jr.; Mr. M. Suter. Fee paid - $15.00. The survey of May 4, 1977, by Van Tuyl indic lot to be created is 1350' north of the Ma ~t there is a right-of-way and a future right- of-way ~applicant~s, Mr. Cross's westerly boundary 50' fr ) this lot. There is also a right,of-way over a travele~ roadway which .-of- way s half that distance. Is there anyone present who wis~ ~peak for this application? RENSSELAER TERRY, ESQ.: Mrs. Cross, the wife of the seller, is here and Mr. and Mrs..Tuthill, the proposed purchasers, and they both solicit your approval of this application. I think they would be'~glad to answer any questions you may hawe. Southold Town Board of Appeals June 2~3~ 1977 THE CHAIRMAN: Is there any plan to develop other lots on the Cross property at the present time? MRS. CROSS: Ralph works with my husband at the nursery, and all of the lands to the west have been divided into prgperty and Ralph and his wife are interested in moving onto a pl~ce~of our land. It's ideal for us because their home situated so close to the nursery is a nice factor. THE CHAIRMAN: I noticed that there's a future right-of-way here of 50' that's been created, did you create that? RALPH TUTHILL: The right-of-way up to Mr. Cross's property was already there and then he would give us the right-of-way that goes along his western boundary there, tt would abutt our property. THE CHAIRMAN: The new, temporary right-of-way will have to ... has that had the topsoil removed? RALPH TUTHILL: Yes, that's been a road for quite a while. THE CHAtRM~: So that's what you plan to use? RALPH TUTHILL: For the time being, right. THE CHAIRMAN: What would be the circumstances that would cause you to delinquish the use of the temporary right-of-way and use the future right-of-way? What I'm getting at is that the future right-of-way will have to be improved ~f it's going to become a right-of-way. MRS. CROSS: I would think my husband would give Ralph first option on that land if something ever happened, I can't imagine at this time that it would ever be sold, is that what you mean? THE CHAIRMAN: It isn't necessary to create a 50' right~6f-way to one lot, that's the point I'm ~etting at. It appears here on the map and that's why I'm questioning it. RALPH TUTHILL: It's for our protection, if the nursery was ever sold., that Would be so we would have it right along the boundary rather than g~ing through someone else's land. THE CHAIRMAN: Otherwise, you'll be using this 25' right-of-way, indefinitely. RALPH TUTHILL: As far as I know, yes. THE CHAIRMAN: And that's been improved, the topsoil removed? RALPH TUTHILL: Yes. Southold Town Board of Appeals June 23, 1977 THE CHAIRMAN: Any other questions? Anybody wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests approval of access, north side Main Road, Cutchogue, New York. The findings of the Board are that the applicant plans to use a temporary right-of-way for the indefinite future. This temporary right-of-way passes over the Cross prop- erty and has been approved. 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 Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, James E. Cross, Main Road, Cutchogue, New York, be GRANTED approval of access, north side Main Road, Cutchogue, New York, as applied for, subject to the following condition: If the 50' right-of-way on the westerly border of the Cross property, as shown on the Van Tuyl survey of May 4, 1977, is ever used the topsoil will have to be removed and 6" of bank run placed on the roadbed and scarified to a width of 15' VOte of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC NEARING: Appeal No. 2291 - 7:40 P.M. (E.D.S.T.) upon appllcat on of~olph G Westerlund Main Road, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to re-align lot line. Location of property: south side'Main Road, Peconic, New York, bounded on the north by Main Road (Route 25); east by Brush; south and west by Cummins. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli~ cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that n~f~a, tion by certified mail had been made to: John Brush, J~.; Richard E. Cummings; E.E.C. Realty Co. Fee paid $15.00. Southold Town Board of Appeals -4- June 23, 1977 THE CHAIRMAN: The application is accompanied by a survey dated March 22, 1977, by Van Tuyl, which indicates that the pro- posed division appears to be a property on which there are two existing houses. One portion of this property was apparently owned by A. Westerlund and the other portion, the easterly portion, is owned by A. and M. Westerlund. It!s in an area of farmland according to the photostat of the County tax map. Is there anyone present who wishes to speak for this application? RENSSELAER TERRY, ESQ.: I appear here on behalf of Mr. Adolph Westerlund who is also here to answer any questions you might have. We solicit your approval. I believe you have the map showing that this property was originally occupied by his parents, this was occupied by Mr. and Mrs. Westerlund and is in both names. He inherited this property. He would like to transfer the larger area to himself and his wife to retain that as their residential lot. THE CHAIRMAN: How old are these houses? ADOLPH WESTERLUND: The small house was built in 1922 and I built the other house in 1947. At the time, I never figured out how crooked the Main Road is in accordance with the property. I put a patio in there and that would be on the 9~hgr property if I rented to somebody other than my son. THE CHAIRMAN: The improvements wo~ld go to your residence, the one that you plan to live in. ADOLPH WESTERLUND: That's right. THE CH~I.RMAN: Are there any other questions? Anyone else wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to re-align lot line, south side Main Road, Peconic, New York. The findings of the Board are that the Board is in with the reasoning of the applicant, The Board is ; g new lots but recognizing existing residences on lots. 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 in~aediate 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. Grigonis, it was Southold Town Board of Appeals -5- June 23, 1977 RESOLVED, Adolph~G. Westerlund, Main Road, Peconic, New York be GRANTED permission to re-align lot ~e, south side Main Road, Peconic, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2292 - 7:50 P.M. (E.D.S.T.) upon application of Zan Zobel, 21625 Soundview Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 & 100-145 for permission to construct accessory building in side yard area. Location of property: north side Soundview Avenues Southold, New York, bounded on the north by Long Island Sound; east by J. Levin; south by Soundview Avenue; west by now or formerly MacDonald. The Chairman opened the hearing by reading th~ application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Bruce McDonald; Dona Levin. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? The=e~is also a survey by Van Tuyl in the file indicating that the shed is, the shed under discussion is located on the easterly border of the Zobel property. Anyone presen= who wishes to speak for this application? DONNA LEVIN: I prefer the outbuilding to remain in its present=iocation. If you move it closer to the Sound, it's going to be right in the middle of my patio. THE CHAIRMAN: Anyone else wish to speak for this application? ZAN ZOBEL: This is from my other neighbor, Bruce MacDonald. (Mr. Zobel gave the Chairman a letter from Mr. MacDonald.) THE CHAIRMAN: Just for the record, "As an abutter in the above variance request, I would like to state our feelings on this matter. We are quite pleased with the present location of the subject tool shed. The beauty of our property and the adjoining properties is the view of the Long Island Sound. Any encroachment on the present view in any manner would be most unsatisfactory. Southold Town Board of Appeals 16- June 23, 1977 As I stated before, we are quite pleased with the present tool shed location. We therefore are in agreement with the requested variance. /s/ Bruce L. McDonald Anyone else wish to speak for this application? Anyone against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct accessory building in- side yard area, north side Soundview Avenue, Southold, New York. The findings of the Board are that the Board is in agreement with the~.~reasoning of the applicant and his two neighbors. Many people who live on the water don't want to disturb their view by placing an accessory building in what is legally the rear yard. The Board finds that strict application of the O~dinance wo~ld produce practical difficulties or unnecessary hardship; the hardship created is uniq~e~and would not be shared by all properties alike in the imm~iat~ vicinity of this property and an 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 RESOLVED, Zan Zobel, 21625 Soundview Avenue, Southoldt New York, be GRANTED permission to construct aecessory building in side yard area, north side Soundview Avenue, Southold, New York, as applied for. Vote of the Board: Ayes: Grigonis~ Messrs: Gillispie, Bergen, Hulse, O~ motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated June 2, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town ~Board of Appeals approve minutes dated June 10, 1977. Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals June 23, 1977 PUBLIC H~ARING: Appeal No. 2293 - 8:00 P.M. (E.D.S.T.) upon application of Harry C. Hennessy, Minnehaha Boulevard, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient side-yard setback. Location of property: east side Minnehaha Boulevard, Southold, New York, bounded on the north by now or formerly Giulivi; east by now ~r formerly Morrissey; west by Minnehaha Boule~card. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspect~or. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Thomas Sheridan; Mr. and Mrs. Rudolph Hiulivi; Mr. Blaise Morrissey. Fee paid $15.00. THE CHAIRMAN: The applicant's sketch indicates that this lot is approximately 106' in depth on one side and 97.4' on the other side. The portion of the lot on Minnehaha Boulevard seems to he 68' The rear dimension is 71' The applicant's one-story framed house is more or less centered with a southerly side yard of 9-1/2' and what appears to be a 10'10" northerly side yard. In the rear is a work and storage shop at the northwesterly corner of the prop- erty where normally there might be a garage. Is there anyone present who wishes to speak for this application? HARRY HENNESSY: I'm the applicant. I didn't quite get what you said at the end. THE CHAIRMAN: The storage shop and work shop would perhaps normally be where there would have been a garage, that's all I said. HARRY HENNESSY: I don't believe there would be room enough to use that as a garage, that's why I'm applying for a variance for this carport. THE CHAIRMAN: It isn't going to benefit you very much from a northeaster, you're going to leave these sides open, you'll have to. HARRY HENNESSY: Yes. I'm mainly concerned with, after this past winter with the snow and all, it's quite a long driveway and I had quite a bit of a problem. I figured I had to do something, I had been covering my car with a canvas blanket but it really doesn't go with the community, and I thought perhaps a carport would be better. THE CHAIPW5%N: It's going to be fiberglass panels? HARRY HENNESSY: Yes. Southold Town Board of Appeals -.8~-. June 23, 1977 THE CHAIRMAN: And the carport will extend to ... HARRY HENNESSY: On the northwest, I believe, where it's 10'10", that will be the only part that will be on the line. At the other part, the property runs at an angle and it will be much wider there. I will make it S~'are with the building, I would never follow the line. THE CHAIRMAN: This would be for one car, right? HARRY HENNESSY: Yes, one car. THE CHAIRMAN: And you would not have any side walls? HARRY HENNESSY: No side walls, no. My main interest is just in sheltering the car. Right now the sun-~beats down and there's no shade, no trees. THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant re~lests permission to construct addition with insufficient side-yard setback, east side Minnehaha Boulevard, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Harry C. Hennessy, Minnehaha Boulevard, Southold, New York, be GRANTED permission to construct addition with inSu~- ficient side-yard setback, east side Minnehaha Boulevard, Southotd, New York, as applied for, subject to the following condition: There shall be no side walls constructed other than the supports for the roof of the carpg~.t~. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold ToWn Board of Appeals -9- June 23, 1977 PUBLIC HEARING: Appeal No. 2295 - 8:10 P.M.. (E.D.S.T.) upon application of Esther R. Taylor, Strohson Road, Cutchogue, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with~ insufficient width and area. Location of property: Little Neck Road and Strohson Road, CutChogue, New York, bounded on the north by Browning~ east by Stepnoski; south by Strohson Road; west by Little Neck Road and Comer. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant; and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Jonathan C. Browning; Steve Stepnowski; Miriam M. Comer. Fee paid - $15.00. THE CHAIRMAN: The County tax map indicates that what the applicant says is correct in every detail. Is~there anyone present who wishes to speak for this application? ABIGAIL WICKHAM, ESQ.: I'd like to make a note that the notice of disapproval states that neither lot will have 150' width whereas the tax map shows, and the deed also shows, that the larger lot has 1591' frontage. THE CHAIRMAN: On this copy of the County tax map it only shows 59'. The "1" is missing. ABIGAIL WICKHAM, ESQ.: It is 159' THE CHAIRMAN: There's one lot of about 35,000 sq. ft. with, at the bottom of the "L", the other lot consists of about 15,000 sq. ft. ABIGAIL WICKHAM, ESQ.: With 100' frontage, although it's similar to several of the other lots in that block. THE CHAIRMAN: Each fronting on separate roads~ ABIGAIL WICKHAM, ESQ.: Yes. THE CHAIRMAN: Are there any structures on this property? ABIGAIL WICKHAM, ESQ.: No, the area's heavily wooded and there's nothing on there right now. THE CHAIRMAN: The lots across the street are ... ABIGAIL WICKHAM, ESQ.: Most of .them across Strohson Road do have houses on them. Lot 15 there on the corner is developed. I believe LOt 11 has a house right on Little Neck Road. Southold Town Boar~ of Appeals June 23, 1977 TiE CHAIRMAN: It looks as though there are at least a dozen lots w~thin a few hundred feet of t.his which are undersized by present standards. The total area involved here is 50,000 sq. ft. and'these two lots would average about 25,000~apiece. Is there anyone else who wishes to speak for this application? (There was no response.) So that the average of these two lots would considerably exceed Surrounding properties with the exception of immediately to the north, a lot of 1.3 acres. Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient width and area, Little Neck Road and Strohson Road, Cutchogue, New York. The findings of the Board are that the lots were bought at separate times and will average, taken together, larger than the aurrounding lots with one or two exceptions. 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 zn the s~e 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. Hulse, seconded by Mr. Grigonis, it~was RE~OLVED, Esther R. Taylor, Strohson Road¥ C~chogue, New York, be GRANTED permission to divide property with insufficient width and area, Little Neck Road and Strohson Road, Cutchogue, New York, as applied for. Vote of the Boar~: Ayes: Grigonis. Messrs: Gillispie, Bergen, Hulse, PUBLIC HEARING: Appeal No. 2294 - 8:25 P.M. (E.D~S.T.~I. upon application of John G. Zaveski, South Harbor Road, Southold, New York (Abigail Wickham, Esq.) for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right-of-way, east side DepOt Lane, Cutchogue, New York, bounded on the north by Long Island Railroad; east by Sacred Heart Church; south by F. Kaelin; west by Depot Lane. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to Southold Town Board of Appeals -11- June 23, 1977 its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notificat~H~ by certified mail had been made to: W. & M. Kaelin; Sacred Heart Church; The Long Island Railroad. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a survey from Van Tuyl dated April 14, 1977, indicating that the two lots to be created would contain each 45,900 odd sq~ ft. Each would have an approxlmate. L~ depth of 200' plus or minus. The lot to be created along Depot Lane would have 229' on Depot Lane. The rear lOt would be a little smaller but not smaller in area, smaller in width dimensions. It's on the north side of the Long Island Railroad, zoned "B-i". Is there anyone present who wishes to speak for this application? ABIGAIL WICKHAM, ESQ.: I would just like to add that the proposed access would be owned by the back lot, it's not a right- of-way situation. Both lots are more than adequate in area. THE CHAIRMAN: Mr. Zaveski is going to use one of these lots, I'm told, for a grading station, is that right? ABIGAIL WICKHAM, ESQ.: He has very little potatoe storage. THE CHAIRMAN: Potatoe storage and grading station? CHARLES GRIGONIS, JR.: Just storage. THE CHAIRMAN: He can use this for his own farm operation, for potatoe storage or for potatoe grading or both, but he cannot use this as a grading station for other farmers, he can't be a dealer. ABIGAIL WICKHAM, ESQ.: No, he doesn't want that. THE CHAIRMAN: For a potatoe grading station, we require an industrial zone. ABIGAIL WICKHAM, ESQ.: Any use that he would make of the property would be in accordance with the ~B-Light" zone. THE CHAIRMAN: And he would probably sell this to someone else? This~front lot? ABIGAIL WICKHAM, ESQ.: Yes, he's under contract. THE CHAIRMAN: What type of thing is going in there, do you know? ABIGAIL WICKHAM, ESQ.: He's under contract with the Polish Democratic Club, I don't know what the use would be. Southold Town Board of Appea~s June 23, 1977 THE CHAIRMAN: Oh, I thought they owned it originally. ABIGAIL WICKHAM, ESQ.: I'm sorry, yes. I don't know what's going in there. THE CHAIRMAN: Something compatible with the Light Business use. Anyone else for this application? Anyone wish to speak against the application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests approval of access, east side Depot Lane, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the ~easoning of the applicant. The Board finds that strict application of the Ordinance wo~Prod~e practical difficulties or unnecessary hardship; the hardship c~eated is unique and would not be shared by all properties alike tn the immediate vicinity of this property and · n 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. Grigonis, seconded by Mr. Gillispie, it was RESOLVED, John G. Zaveski, South Harbor Road, Southold, New York, be GRANTED approval of access, east side Depot Lane, Cutchogue, New York, as applied for, subject to the following condition on the rear lot: Under present Zoning regulations, the applicant may use this lot for grading and storing his own potatoes but he may not use this for grading the potatoes of other farmers. Vote of the Board: Ayes: - Messrs: Gillispie, Berqen, Hulse, Grigonis. With respect to the Yaro hearing that had been scheduled for 8:35 P.M.i, the Chairman stated that, although Mrs. Yaro had received an opinion from the D.E.C. on this matter, the Town Attorney felt that the Board should also have an opinion from the Suffolk County Department of Health. The secretary was in- structed to write the Department of Health, and the hearing was recessed to July 14, 1977, at 7:30 P.M. Southold Town Board of Appeals June 23, 1977 PUBLIC HEARING: Appeal No. 2303 - 8:50 P.M. (E.D.S.T.) ~pOH~application of Gilbert Michaelis, Main Bayview Road, Southold, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule ~d the Town Law, Section 280A for permission to set off existing dwellings on separate lots and approval of access to vacant lot. Location of property: Lots 29, 29A, 30, 30A, Bayside Terrace, south side Summit Road and north side Bay View Road, Southold, New York, bounded on the north by Summit Road, east by now or formerly C. Vitale; s~th by ~ay-View Road; west by Dickinson and others. The Chairman opened the hearing by reading the application f~ra variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement that notification by certified mail had been made to: Mr. and Mrs. Edward Cielatka; Helen Doma; Paestom Realty; Mildred L. Dickinson. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a survey dated May 13, 1977, indicating that the total parcel here which is being - subdivided, ~s proposed to be subdivided, is 192' on Bayv~ew Road w~th a depth of 324 , approximately. The northerly dimension, the width is approximately the same, 193'+. The westerly dimension is approximately the same as the easterly dimension which ~S324' plus or minus. The applicant has a one and one-half story framed house and garage on Lot ~5 with 95' on Main Bayview Road and three one-story {ramed bungalows on approximately 10,000 sq. ft. lots. The first one is on Main Bayview Road, it's about 97' wide. The others are 9-7' wide. There are three bungalows more or less in a row here. The applicant's residence is using what appears to be two lots of the original conformation here. He proposes to leave one lot vacant, ~29 which is the northwest corner of this re=~angular piece of property. Is there anyone present who wishes to speak for this application? GARY OLSEN., ESQ.: If I may, I'd like to first start by giving you some background as to how the property was obtained'by ~r. Michaelis. Originally, in 1947, he purchased a piece' from Edgar and Rose ~aS on October 14, 1947, having 'frontage on Main Bay- ig2'. It went back in a northerly direction about 150'. in January 23, 1958, purchased ... when I say "he", I'm to Mr. Michaelis and his wife, purchased Lots 29A and 30A from Eastern Suffolk Realty tn~~>ta~t~Y,~ on May 19, 1964, he purchased from a B. Arthur Thurm Lots 29~ and 30. The lots that I'm referring to are all lots on a filed map known as Map of Bayside Terrace, Map 92034. THE CHAIRMAN: When you say it's a filed map, it's filed with the County ... GARY OLSEN, ESQ.: Filed with the Suffolk County Clerk's office. ~outhold ToWn Board of Appeals June 23, 1977 THE CHAIRMAN: But it's not an approved ... GARY OLSEN, ESQ.: Of course, the Zoning has changed so that now it's not an approved map. The intent of the applicant is to divide the property on the easterly side, as you've indicated before, more or less in a row. Starting from Main Bayview and going_.north are three houses designated on the map which was submitted ~Wi~th~the application as Lots 2, 3, and 4. THE CHAIRMAN: How would Lot 3 obtain access? GARY OLSEN, ESQ.: Lot 3 would obtain access as indicated in the application over Lot 4 from Main Bayview over a 25' wide right- of-way. Where it says "graveled drive", it would be over that going in a northerly direction to get to Lot 3. All of the lots presently, Lot 2 has a residence on it, these are all winterized residences. Lot 2 has a residence, that would obtain access ... THE CHAIP~WAN: These are all winterized? GARY OLSEN, ESQ.: Yes. Lot 2 would obtain access over the right-of-way which is shown on the filed map off of Summit Road. THE CHAIRMAN: To the north? GARY OLSEN, ESQ.: To the north, it would come in from the northerly end. THE CHAIRMAN: How wide a right-of-way does that have there? GARY OLSEN, ESQ.: 50' accOrding to the map of Bayside Terrace, it shows a reserved area 50' wide to obtain access to Lot 30. That, in effect, ~aroel 2 which is Lot 30, is a little larger than Lot 30 on the filed map. THE CHAIRMAn: Which one did you say? GARY OLSEN, ESQ.: Lot 2, proposed Lot 2 is in effect Lot 30 on the filed map. It's a little bit larger by 4' or 5'. Lot 3 also has a pr.~sent dwelling on it and that, in effect, is Lot 30A on ~he fiie~imap plus some described property. The net result ~ld be that the lot would be in keeping with the other lots in BayS~de Terrace as far as size is concerned. THE CHAIRMAN: In other words, Lot 3 doesn't conform to the original BaySide Terrace map. GARY OLSEN, ESQ.: Lot 3 is Lot 30A on the filed map plus some additional described property. The net result is that Lot 3 wOUld be in keeping with the general size and shape of the other lots on the map. Southold Town Board of Appeals June 23, 1977 THE CHAIRMAN: All 108' by 97', four of them 108' by 97' GARY OLSEN, ESQ.: That's right, and it wou~d ~btain access over p~oposed Lot 4 which has frontage on Main Bayview Road. That is a described piece, it is not a lot on the map. It also has an existing residence on it and would ha~e access of approxi- mately 97' on Main Bayview Road. THE CHAIRMAN: Ail right, in 1947 the original property was acquired. GARY OLSEN, ESQ.: That's right, that was a described parcel. It was 150' deep by 192' and it did not indlude any of the lots on the map. THE CHAIRMAN: Then 29A in 19587 GARY OLSEN, ESQ.: 29A and 30A in the same deed in 1958. THE CHAIRMAN: And they were acquired from ... GARY OLSEN, ESQ.: Eastern Suffolk Realty. Lots 29 and 30 were bought in 1964. THE CHAIRMAN: Was there anything in 19597 GARY OLSEN, ESQ.: No, Lots 29 and 30 were bought in 1964 from B. Arthur Thurm. We would need an access variance to obtain access to proposed Parcel 3 over proposed Parcel 4. THE CHAIRMAN: And has the access been improved? GARY OLSEN, ESQ.: Well, we hope the access will be approved by this Board tonight. THE CHAIRMAN: No, I mean improved. GARY OLSEN, ESQ.: There's an existing gravel driveway. That's how they.get access now to.get to that piece. Proposed Parcel 1, in effect, is ~Lot 29 on the filed map plus a little additional striP from Lot 29A. Parcel 5 would be part of 29A on the map'plus the described piece that would have square footage of approximately 20,500 sq~ ft. The granting of the variance would not increase the ~ensity since the buildings are already in existence. Mr..MiChaelis ms presently under contract to sell Parcels 3 and 4, but the contract zs contigent upon this variance being granted. THE CHAIRMAN: Our problem here is that this is more than two lots, a division into more than two lots. I think the Board sympathizes with this application and everything that you've said here. The only thing I'm not sure of is what the Planning Board would do about it. It seems to me they'd have to recognize an existing situation, but the last time I approached them with a Southold Town Board of Appeals -16- June 23, 1977 problem like this, Mr. Wickham said that they didn't approve any subdivisions with undersized lots. GARY OLSEN, ESQ.: That's why I think it's strictly a Zoning Board matter, I don't think it's a Planning Board matter because they don't listen to or entertain applications for any- thing under 40,000 sq. ft. It's very much similar to the Horton matter that you approved down in New Suffolk where there were existing residences. THE CHAIRMAN: At that time, we were approving up to four. We never did five but we had approved some up to four. Over four was a Planning Board matter. Anything over two is really a Planning Board matter and I think that this should be referred to them. Our comments would be that we agree with the reasoning of the applicant, ~k your presentation here. As I say, I'm not quite sure what they'll say about Lot 29, whether they'll w~o enlarge that Lot 30 be re- quiring 29 to be included, but even th~n they wouldn't get 40,000 sq. ft. G~RY OLSEN, ESQ.: I don't think that the Planning Board would, it's really not a subdivision of property as such, it's simply an application for approval to recognize each parcel as a separate in- dividual parcel since it already has a residence. You are not really increasing the density at all, it's an existing situation. The Planning Board, as I understand it, is more concerned in entertaining new subdivisions under the present rules and regulations and I don't see where they would have any jurisdiction over this. THE CHAIRMAN: I'm constantly told by others that the County, on the CountyPlanning Commission, that their Boards of Appeals in their towns don't even approve divisions into two, it's illegal. I think that what we should do here is to write a letter to the Planning Board suggesting that in view of the circumstances des- cr~.bed here we would recommend that the Planning Board go along with this and that if they will make a recommendation to us to legalize this division, I'll be glad to do it. GARY OLSEN, ESQ.: Not only that, may I point out that there, in effect, are four lots on an existing 're dealing with. It's not a subdivision that is an present Zoning but, again, there are existing residences on it so - ~ I don't think the Planning Board really has an jurisdiction. Also, the~est of the property is a described parcel with two residences, we're not asking it to be divided into any more than that. THE'CHAIRMAN: When's the next meeting of the Planning Board? GARY OLSEN, ESQ.: Monday. THE CHAIRMAN: Why don't you take it into them then. Southold Town Board of Appeals June 23, 1977 GARY OLSEN, ESQ.: May I ask this Board if you could write a letter by Monday indicating that, if I understand you correctly, ~h~ you have no objection to this but you just want to make sure that they don't want to also look~at it. THE CHAIR~CAN: That's what we have done with this type of situation. It may be then, I'm not sure, but where counsel required it in the case of Parker Wickham who's here tonight for a similar type of division, he required that each of these be applied for separately, you have a better title that way. That's what we've done with Mr. Wickham. GARY OLSEN, ESQ.: If it's the nunuber of parcels, then may I request that perhaps you approve tonight the division of just Parcels 3 and 4 as two individual parcels. Grant the access variance and I'll, for the time, withdraw trying to subdivide or get a variance for Lots 1, 2, and 5. In other words, tonight t~i would just like to h~approved proposed lots 3 and 4 with two existing residences, that these be granted a variance to be sold as single and separate parcels with an access variance to Parcel 3 over Parcel 4. As far as the rest of the application for vari- ances on 1, 2, and 5, I'll withdraw it. THE CHAIRF~XN: What would you do, apply later for it? GARY OLSEN, ESQ.: I don't know. THE CHAIRIViAN: You're trying to avoid the Planning Board, it looks like. GARY OLSEN, ESQ.: Mr. Michaelis has a dead line on his contract to sell Parcels 3 and 4. THE CHAIRMAN: What does the rest of the Board think about this? I can't give you all the legal aspects of it. CH3kRLES GRIGONIS, JR.: I've got nothing against dividing it up as long as we can make it legal. ~OBERT BERGEN: That's right. FRED HULSE, JR.: Well, if it!s only two lots they're applying forv we've done two before. I can't see why we shouldn't do two now. THE CHAIRMAN: Yes, but you're doing two and you're leaving a third, see? Which consists of the entire balance of it. GARY OLSEN, ESQ.: There are already existing residences, I know you've done it many times before. FRED HULSE, JR.: They're existing pieces, it's not like we were cutting it out of virgin territory. Southold Town Board of' Appeals -18- June 23, 1977 ROBERT BERGEN: How many tax bills do you get? GARY OLSEN, ESQ.: We have five tax bills, we have a tax bill on the main residence, we have another tax bill~for Lot 29A, another one for 29, another tax bill for 30A, and another one for Lot 30. THE CHAIRMAN: I'll tell you what, I'll take a chance if you will. There's no way that these two lots can beCchanged. GILBERT MICHAELIS: Sir~ I appreciate what you're trying to do for me, I appreciate it very much. I have never come to the Southold Town for anything or asked for anything. I have a dead line on a Piece of property I purchased elsewhere and I've got to get this thing settled, I'd love it, I'd appreciate it. As I say, we can knock these two back ones off and make them one if you want, a small lot with the existing house, I'lL willing to give that up and call it one lot. Those two back ones on Summit Road, I'll give'up the one and call it one piece, that'll give that 20,000 sq'. fi% The house I live in is 20,000 sq. ft. I think that should straighten it out, I would appreciate it if you would. GARY OLSEN,-ESQ.: In other words, what he's saying I think is that Lots I and 2 would be combined into one. Actually, that Would then become, in effect, an oversized parcel compared to the rest of the parcels in the community. If you look at the subdivision map of Bayside Terrace, all of the others are roughly 100' by 110' or so, so that wou~d become an oversized parcel. THE CHAIRMAN: Well, I don't think that we have to bind you to that. Let the record show then that Mr. Olsen acting as attorney for the applicant has withdrawn Lots 1, 2, and 5 as described on the survey by Van Tuyl of May 13, 1977 from his application $2303 and wishes to divide Lots 3 and 4 into two separate 10,500 sq. ft.% approximately, parcels. ROBERT BERGEN: He's not actually dividing them, he's getting separate tax bills now. FRED HULSE, JR.~ It's an existing situation. THE CHAIRM~N: Yes, but for Zoning any contiguously owned lots are regarded as one parcel. GARY OLSEN, ESQ.: All of the deeds were taken in the same name so we have a technical merger of title. FRED HULSE, ~R.: He has four residences. THE CHAIRMAN: And up until now, you've owned the residences, correct? Southold Town Board of Appeals -19- June 23, 1977 GILBERT MICHAELIS: Yes. FRED HULSE, JR.: But he wants four lots now. GILBERT MICHAELIS: I'm willing to give up one lot to make one of 20,000 sq. ft. Either 29 and 30 or 29A and 30A, I'm not sure how they number o~ the map. GARY OLSEN, ESQ.: Lots 1 and 2 would become one piece. THE CHAIRMAN: I'd rather leave them out of the consideration now. GARY OLSEN, ESQ.: May I say, just for the record, that I'm withdrawing Lots 1, 2, and 5 without prejudice to renew at a later date. THE CHAIRMAN: Right. At that time, maybe we would ask you to combine them, maybe not. Anyone wish to speak against this? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to set off Lots 3 and 4 on the Van TUyl survey of May 13, 1977; south side Summit Road and north side Bayview Road, Southold, New York. The findings of the Board are that there is no way to enlarge these lots. They were created prior to the present Zoning Ordinance. Both lots are improved now with one-story framed bungalows which have been winterized. The creation of these two lots under separate owner- ship will not affect the character of the area. T~a Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship ~reated is unique and would not be shared by all proper~ies~allke in the immediate vicinity of this in the~isa~e use district; and the variance will not ch~g~ ~ character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Gilbert Michaelis, Main Bayview Road, Southold, New York, be GRANTED permission to create Lots 3 and 4 as described on the Van Tuyl survey of May 13, 1977. There will be two separate lots with access to Lot 3 over a 25' right-of-way from Main Bay- view Road to Lot 3 adjoining the westerly boundary of Lot 4~ Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -2Q- June 23, 1977 On motion by Mr. Hulse, Seconded by Mr. Bergen, it was RESOLVED that the Chairman of the Southold Town Board of Appeals read the legal notice concerning the variance applications of J. Parker Wickham only once. This one reading of the legal notice shall apply to all seven applications made by Mr. Wickham. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2296 - 9:17 P.M. (E.D.S.T.) upon application of J. Parker Wickham, Airway Drive, Mattituck, New York for a variance in accordance withCthe Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule ~nd Town Law, Section 280A for permission to set off existing building on undersized lot and approval of access. Location of property: Parcel A, map of property of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, bounded on the north by Deep Hole Creek; east by other land of ~applicant; south bY Bungalow Lane Extension; west by R. C. Kopf. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: R. C. Kopf; F. A. Ross; Gl L. Penny; Joseph J. Carey. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a description which describes this property and also identifies the center line of Bungalow Road. (The Chairman read the description.) Is there anyone present who wishes to speak for this application? J. PARKER WICKHAM: You had asked last time that we get an agreemen~ to do away with the old right-of-way which we have obtained from all the other people that use that road. Other than that, we really have nothing else to say. (Mr. Wickham submitted a copy of the agreement to the Chairman.) FRED HULSE, JR.: That's the one that they traveled that was different from what's on the map? J. PARKER WICKHAM~ Yes, it is shown on the map that Van Tuyl made. Southold Town Board of Appeals -21- June 23, 1977 FRED HULSE, JR.: Showing where it belongs now? J. PARKER WICKHAM: Right. THE CHAIRMAN: So that everybody agrees to this ... J. PARKER WICKHAM: They have all~agreed to it. (The Chairman read portions of the agreement.) THE CHAIRMAN: Where was the old right-of-way, on the south? J. PARKER WICKHAM: No, it's along here (on map). THE CHAIRMAN: Well, the record should show that this new right-of-way has been agreed to by all of the owners that are involved along it. Ail of ~his property was originally owned by Cedrick Wickham. Did he build all the bungalows? J. PARKER WICKHAM: Yes, he did. THE CHAIRMAN: And rented them up until the present time. Are they still rented, were they rented last summer? J. PARKER WICKHAM: Yes. THE CHAIRMAN: And he died when? J. PARKER WICKHAM: About four years ago. THE CHAIRMAN: And a new road has been created by this agreement verifying the location of the road. Each of the prop- erties is described using the center line of the new road to help describe the property. One of the things that the Building De- partment n°t~d-fs ~h~i.t,s disapproved on the following grounds, "Lots are non-conf-o:z/ning with insufficient setback and they're affected by Article III, Section 100-30 and Bulk Schedule and 280A." In these discussions we are answering those objections to the Building Department. FRED HULSE, JR.: Ail these will have to go to the County and D.E.C. too, right? THE CHAIRMAN: They've been there, haven't they? J. PARKER WICKHAM: Originally, they went to the County and the Planning Board. THE CHAIPJHAN: I don't know about the D.E.C., this is an existing situation. Anyone wiSh to speak against the application? (There was no response.) Southold Town Board of Appeals June 23, 1977 After investigation and inspection, the Board finds that the applicant requests permission to set off existing building on undersized lot and approval of access, Parcel A, map of property of J. Parker Wickham. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship;~ the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and an 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. Bergen, seconded by Mr. Hulse, it was RESOLVE~, J. Parker Wickham, Airway Drive, Mattituck, New York, b~ GRANTED permission to set off existing building on undersized lot and approval of access, Parcel A, map of prop- erty of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. P~LIC HEARING: Appeal No. 2297 9:27 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel B, map of property of J. Parker Wickham, bounded on the north by Deep H01e Creek; east and west by other land of applicant; south by Bungalow Lane Extension. The Chairman opened the hearing by reading the application for a variance, disapproval from the Building Inspector, and Town Clerk's statement of notification ~o adjoining neighbors. $15. THE CHAIRMAn;: The reasoning is the same. Anyone against it? (There was no response. ) After investigation and inspection, the Board finds that the applicant requests permission to set off existing building on undersized lot and approval of access, Parcel B, map of property of J. Parker Wickham. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all Southold Town Board of Appeals June 23, 1977 properties alike in the immediate vicinity of this property and an %he 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 RESOLVED, J. Parker Wickham, Airway Drive, Mattituck, New York, be GRANTED permission to set off existing building on undersized lot and approval of access, Parcel B, map of property of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2298 - 9:31 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel C., map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east by other land of applicant; south by Peconic Bay; west by Carey. The Chairman opened the hearing by reading the application for a variance, disapproval from the Building Inspector, and Town Clerk's statement of notification to adjoining neighbors. Fee paid - $15.00. THE CHAIRMAN: Anyone wish to speak against this application? (There was no response.) After investigation~a~d inspection, the Board finds that the applicant requests permission to set ~off existing building on undersized lot and approval of access, Parcel C, map of property of J. Parker Wickham. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hard~h~i~p~; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and an 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. Bergen, seconded by Mr. Hulse, it was RESOLVED, J. Parker Wickham, Airway Drive, Mattituck, New York, be GRANTED permission to set off existing building on Southold Town Board of Appeals -24- June 23, 1977 undersized lot and approval of access, Parcel C, map of property of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,2~Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2299 - 9:32 P.M. (E.D.S.T.) upon application of J. Parker Wick_ham for a variance to se~ off existing building Qn undersized lot and approval of access. Location of property: Parcel D, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east and west by other Land of applicant; south by Peconic Bay. The Chairman opened the hearing by reading the application for a variance, disapproval from the Building Inspector, and Town Clerk's statement of notification to adjoining neighbors. $15. THE CHAIRMAN: Anyone wish to speak against it? (There was no response.) After investigation ~and inspection, the Board finds that the applicant requests permission to set off existing building on undersized lot and approval of access, Parcel D, map of ~property of J. Parker Wickham. The ~indings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the s~me 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. Hulse, seconded by Mr. Grigonis, it was RESOLVED, J. Parker Wickham, Airway Drive, Mattituck, New York, be GRANTED permission to set cff existing building on undersized lot and approval of access, Parcel D, map of property of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -25- June 23, 1977 PUBLIC HEARING: Appeal No. 2300 - 9:33 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel E, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; east~and west by other land of applicant; south by Peconic Bay. The Chairman opened the hearing by reading the application for a variance, disapproval from the Building Inspector, and Town Clerk's statement of notification to adjoining property owners. Fee paid - $15.00. THE CHAIRMAN: Any objections? (There was no response.) After investigation~and inspection, the Board finds that the applicant requests permission to set off existing building on undersized lot and approval of access, Parcel E, map of property of J. Parker Wickham. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the h~rdship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and · n the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On ~o~ion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, J. Parker Wickham, Airway Drive, Mattituck, New York, be GR~NTED permission to set off existing building on undersized lot and approval of access, Parcel E, map of property of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2301 - 9:35 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access~ Location of property: Parcel F, map of property of J. Parker Wickham, bounded on the north by Deep Hole Creek; south by Peconic Bay. Southold Town Board of Appeals -26- June 23, 1977 The Chairman opened the hearing by reading the application for a variance, disapproval from the Building Inspector, and statement from the Town Clerk concerning notification of ad- joining neighbors. Fee paid - $15.00. THE CHAIRMAN: Anyone against? (There was no response.) After investigation~a~d inspection, the Board finds that the applicant requests permission to set off existing building on undersized lot and approval of access, Parcel F, map of property of J. Parker Wickh~m. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and · n 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. Hulse, seconded by Mr. Bergen, it was RESOLVED, 3. Parker Wickham, Airway Drive, Mattituck, New York, be GRANTED permission to set off existing building on undersized lot and approval of access, Parcel F, map of property of J. Parker Wickham, end of Bungalow Lane. Extension, Mattituck, New Y~rk, as applied for. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2302 - 9:37 P.M. (E.D.S.T.) upon application of J. Parker Wickham for a variance to set off existing building on undersized lot and approval of access. Location of property: Parcel G, map of property of J. Parker Wickhamt bounded on the north by Deep Hole Creek; east by Penny; south by Peconic Bay; west by other land of applicant. The Chairman opened the hearing by reading the application for a variance, disapproval from the Building Inspector, and Town Clerk's statement of ~otification to adjoining neighbors. Fee paid - $15.00. THE CHAIRMAN: Any objections? (There was no response.) Southold Town Board of Appeals June 23, 1977 After investigation-~and inspection the Board finds that the applicant requests permission to set off existing building on undersized lo% and approval of access, Parcel G, map of property of J. Parker Wickham. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. -~ The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhOod, and will observe the spirit of ~he Ordinance. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED, ~. Parker Wickham, Airway Drive, Mattituck, New York, be GRANTED permission to set off ~xiS~inq~ b~ilding on undersized lot and approval of access, Parcel G, map of property of J. Parker Wickham, end of Bungalow Lane Extension, Mattituck, New York, as applied for. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis. Tkirty three (33) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the next meeting of the Southold Town Board of Appeals be held at 7:30 P.M. (E.D~S.T.), Thursday, July 14, 1977, at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that a special meeting of the Southold Town Board of Appeals be held at 11:00 A.M. (E.D.S.T.), Friday, July 1, 1977, at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, HUlse, Grigonis. South01d Town Board of Appeals -28- June 23, 1977 The meeting was adjourned at 10:20 P.M. (E.D.S.T.). Re~ Ma~y Se'cr ary