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HomeMy WebLinkAboutZBA-06/02/1977 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Ser~]e Doyen, Jr. Fred Hulse, Jr. Southold Town Board o£ 4ppeals SOUTHOLD, L. I., N.Y. 11971 Telephone 765-g'660 MINUTES Southold Town Board of Appeals June 2, 1977 A regular meeting of the Southold Town Board~of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, June 2, 1977, at the Town Hall, Main Road, Southold, New York. T~here were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr. Also present: Bob ~erber, Long Island Traveler-Mattituck Watchman. PUBLIC HEARING: Appeal No. 2280 , 7:30 P.M. (E.D.S.T.) upon application of Joseph and Luisa Cardia, Main Road, Southold, New York ~or-a variance in accordance with._the Zoning Ordinance, Article III, Section 100-30 for permission to construct accessory building in f~o~t yard area. Location of property: Northwest side Main Road~ (Route 25), Arshamomaque, New York, bounded on the north ~by Est. of J. LaColla; east by Main Road; south by Est. of J. LaColla; west by Est. of J. LaColla. The Chairman opened the hearing by reading the application for a varianc~legal notice of hearing, affidavits~attesting to its publ~ic~tio~ in the official newspapers, notice to the appli- cant, and disapproval fromthe Building Inspector. The Chairman also re~d statement from ~he Town Clerk that notification by certified-mail had been made to: Estate of~J. A. LaColla c/o Mill Cre~k Liquors. Fee paid - $15.00. · he applicant's business is.on the Main Road and there ~is an ~ large building and.~a ~maller building. It is proposed to p~ace the greenhouse approximately even with the ... the rear of the greenhouse would be even with the front line of ~he building, main building. In front of the greenhouse, according to this~sketch, there will be 55' to the Main Road. Is there anyQne present who wishes to speak for this application? JOSEP~ CARDIA: I don't think we have anything further to say. Southold Town Board of Appeals June 2, 1977 THE CHAIRMAN: Any questions? Anyone wish to speak against the application? (The~e was no response. ) After investigation and inspection, the Board finds that the applicants request~permission to construct accessory building in front yard area, northwest side Main Road, Arshamomaque, New York. The findings of the Board are that the Board is in agree- ment with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship3 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. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Joseph and Luisa Cardia, Main Road, Southold, New York, be GRANTED permission to construct accessory building in front yard area, northwest side Main Road (Route 25), Arshamomaque, New York, as applied for, subject to the following condition: The'applicants shall place the greenhouse no closer than 50' to the Main Road and no closer than 5' to the easterly side line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2281 - 7:.45 P.M. (E.D.S.T.) upon applicat~on of John C. md Doris B. Morgan, R. D, 2, Box 143, Flanders, New Jersey for a variance in accordance with the Zoning Ordinance, Article III, Section 100~3~ 31 and Bulk Schedule for permission to construct addition wit~ insufficient ~ide and rear yard setback. Location of property: Halyoke Road, orient, New Yo~k, bounded on thenorth by Plain Land Realty; east by Berks; south by Halyoke Avenue; west by Meyer~ The Chairman o~ned 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 that notification by certified mail had been made to: Robert Berks; Peter J. Meyer, Jr.; Plainland Realty Corp. c/o Morris DeNardo. Fee paid - $15.00. Southold Town Board of Appeals -3- June 2, 1977 THE CHAIRMAN: The sketch which we have here indicates that there is an existing two-story framed cottage. This lot is apt proximately 350' on the easterly border, 334', I guess, total on the westerly border, 199'+ across the north. The west and the east sides of the lot are approximately parallel. There is a 13', plus or minus, side yard for the present residence on this lot which is something like 70,000 sq. ft., well over the minimum requirement for the Town of Southold. There is a 40' rear yard. The applicant's house is located in the northeast corner of this large lot and that is what's creating the problem here. EDWARD J. BOYD~V, ESQ.: That Ks exactly correct. It is solely due to the very unfortunate placement of this house that I am before you tonight. THE CHAIRMAN: It seems too bad to compound the error. It obviously won't affect the Morgans, i~s conceivable that it could affect whoever buys the lot in back of them, Plainland Realty Corp. I understand that's a m~nor subdivision back there. I was just wondering if there isn't some possibility of extending this addition to the west and attaching a breezeway to it. It seems to me that it would be a much more natural looking project. EDWARD J. BOYD, V., ESQ.: I believe I have submitted copies of this drawing to you. The addition is going directly toward the west with a breezeway. THE CHAIRMAN: Oh, that's a breezeway. EDWARD J. BOYD, V, ESQ.: Yes, that's going to be a breezeway and greenhouse type of arrangement with the garage unit sitting in the large 25' square area which is marked immediately adjacent to the boundary of the property. There seems to be no way to add this addition other than what has been proposed. The front door of the existing structure lies at the junction of the addition and the exlst~gsstructure. I'm sure if you've seen it, you know from the chimney and the rest of the construction that moving this building is completely out of the question. ROBERT BERGEN: Is this an addition to the house for living quarters or for stoEage? EDWARD J. BOYD, V, ESQ.: It'~ going to be for garage and storage area. THE CHAIRMAN: Why couldn't it go out like this? (on map) EDWARD J. BOYD, V, ESQ.: Because he wants to, if possible, use a solar energy heating arrangement for the house and I don't believe that the technology is up to a sta~e yet at any sort of reasonable expense where we can separate the collector panels Southold Town Board of Appeals -4- June 2, 1977 from the place where the heat is to be used. Additional~!y, that's a, I consider, a very important reason for this particular direction of the addition because it will give you almost a direct southerly exposure for the front edge of the garage roof. The ridge po~e will run like so (~n map), south is down where your pen is, and the sun will shine directly upon the collectors. ROBERT BERGEN: How many square feet did you say there was? THE CHAIRMAN: It's almost the equivalent of two acres, 70,000 sq. ft. EDWARD J. BOYD, V, ESQ.: 1.7 acres. THE CHAIRMAN: Have you actually talked to the people about the technology in this because this is going to come up tO us time and time again. EDWARD J. BOYD, V, ESQ.: Yes, we have discussed that. We've discussed the solar energy aspects of it, we've~discussed the architectural aspects of it. We're trying to preserve as much just house it fromthe in mind is the with. the frontal exposure of this house and not off on the side at right angles to the existing unattractive to people passing by and seeing I think that the plan that they have te given the problems that we're faced THE CPL~IRMAN: It seems to me that I've seen quite a few of these solar energy panels which aren't necessarily due north and south. Take the ones up in Cutchogue on the Telephone Com- pany building. EDWARD J. BOYD, V, ESQ.: They're slightly off, slightly southwest, I believe. THE CHAIRMAN: And this technology is supposed to be due south, is that correct? EDWARD J. BOYD, V, ESQ.: As we understand it, due south is the best. THE CHAIRF~AN: Because we're going to have a wierd looking place here in Southold if much of this ... here's a 70,000 sq. ft. lot and you're going to go within 5' of the northerly border for this reason. You've got lots of room, take a small lot and if we get the same argument, you can imagine ... ROBERT BERGEN: Does it have to go as far away from the house? EDWARD J. BOYD, V, ESQ.: I appreciate the problem but the reason that we're going to wind up 5' from the lot line is not solely due to the solar energy problem, it's due to the unfor- tunate way this house has been located initially. There just $outhold Town Board of Appeals -5- June 2, 1977 was not enough room around it when the lot was cut up around the house. THE CHAIRMAN: I foresee all kinds of difficulties. Take a lot that's, say, only 100' wide and the house occupies 60' or 70' of the width. If you try to orient the solar panels to the south, we're going to have all sorts of side yards. EDWARD J. BOYD, V, ESQ.: I can foresee certain problems ... THE CHAIRMAN: You can't disconnect it from the house? EDWARD J. BOYD, V, ESQ.: I'm not saying that it cannot be disconnected from the house, I'm saying that it's a matter that would increase the cost quite considerably and would also, at the present state of the art, d~erease the efficiency of the operation. Now, what might happen down the road, I can't say with any assurance. I also can't give you any solution for other property within Southold if an application is made on similar grounds. I can really only speak for the Morgans and the parti- cular situation that they are faced with, a house that was pushed into one corner of their property. ROBERT BERGEN: Do you have to have as much room between here? (on map) That 5' is what bothers us. EDWARD J. BOYD, V, ESQ.: I do not know specifically how much room we have to have between there, let me just take a look. The distance between the existing corner of the house and the wall of the garage is 7~1/2' This map is made on a scale of 1" equals 10' 7-1/2' is not a very great distance between the existing structure and the garage of the new structure. THE CHAIRMAN: How soon do they want to do this? EDWARD J. BOYD, V, ESQ.: They want to get started almost immedi&tely, if possible? THE CHAIRgLAN: You know, apparently these solar panels are going to be pitched exactly the way the roof is pitched so that the roof is supplying the exact pitch whereas it would be possible, I should think, to make a constr~ction on a roof that would give you a southern exposure without using the pitch of the roof, you see what I mean? EDWARD J. BOYD, V, ESQ.: Yes, I see exactly what you mean. I have seen such things, I believe that you have such a thing down at the Telephone Company in Cutchogue. I do not think that's going to be anywhere near as attractive in a finished structure as o.o THE CHAIRMAN: I don't think they're going to be attractive at all. Southold Sown Board of Appeals -6- June 2, 1977 EDWARD J. BOYD, V, ESQ.: We've tried to make it look as nice as we can under the circumstances by joining the angle of the roof and the angle of the solar collector panels. You at least have an overall appearance that is somewhat pleasing to the eye where if you take a roofline that is completely divergent from the angle of the solar panel, you can wind up with a very, very strange looking operation. THE CHAIRMAN: I don~t think that the 5' is actually going to make any physical difference to the people on the other side because they'll have side yards, presumably. Of course, if they also have solar panels they may get fouled up. EDWARD J. BOYD, V, ESQ.: I appreciate that if we have two solar panels abutting one right against the other. THE CHAIRMAn: Both facing south on a building that is oriented in order to pitch the panels. EDWARD J. BOYD, V, ESQ.: I would be very pleased to suggest to the Morgans that they leave as much space as is humanly possible, 5' being the absolute, but if we can leave 6' or 7' or even 8', perhaps a narrower garage or something of that nature. The~3w~yw~e have the matter drawn up right now, this seems to be pretty much what it would be. I can't say for any certainty without going back to the build~mg~hat we couldn't cut a foot off it and give you 6' there rather than 5' and I would certainly try to do it. THE CHAIRMAN: I'll suggest that, unless somebody wants to speak against it, that we go along with it at this time but that we seek further information about these solar panels and that whoever's going to install these panels send us their literature. The build~ probably doesn't know any more about it than we do. EDWARD J. BOYD, V, ESQ.: No, the builder really doesn't. The solar panel is being done through a series of contractors in this particular area, solar energy and solar heating. I know it's a subject that's going to come up and is going to con- cern all of us in the i~ediate future. T~E C~IRMAN: We've had it come up just once before and at that time it seemed to me %hat we might have problems with these solar Panels. Some people may want them on their, front lawns, there may b~ no other way to put them on the property. EDWARD J. BOYD, V, ESQ.: You'll have an accessory building then. Accessory buildings can be put in some very strange places. I am not proposed to try and offer any solu~tions or suggestions as to the future of this in the Town. THE CHAIRMAN: In view of the fact that this is such a large lot I'm sure that the objective is not to obtain two lots Southold Town Board of Appeals -7- June 2, 1977 because it's just under, but 1 think that the Board should impose a condition that under no circumstances in the future will this be considered for lot division. You're only occupying 1/10 of it over zn one corner. Of course, there's a'tremendous row of trees behind this. ROBERT BERGEN: They're not actually on his property, I don't think. EDWARD J. BOYD, V, ESQ.: The trees? Some are, some aren,t. If I remember correctly, the 40' spacing between the existing structure and the rear lot line does encompass a number of those trees. There are a couple of hillocks in the ground which you can initially take as the lot line, but the lot line is actually the far side back of them. ROBERT BERGEN: Are you going to take some of these trees down? EDWARD J. BOYD, V, ESQ.: Not that is anticipated because we're dealing with the sun that would be coming from the front side. ROBERT BERGEN: I meant on account of the building. EDWARD J. BOYD, V, ESQ.: Not that I know of. THE CHAIRMAN: Actually, it's an ideal location, there's no trees this way at all. EDWARD J. BOYD, V, ESQ.: That's right, completely open to the road. THE CHAIRMAN: Anyone Wish to speak against this application? (There was no response.) After inves~ig:ation and inspection, the Board finds that the ~sion to construct addition with insufficient ck, Halyoke Road, Orient, New York. The s of .the Board are that the applicant has an extremely un- the residence is located in the far northeast roximately 70,000 sq. ft. lot. The use of solar panels aligned with the roof of the proposed addition require further vzolation of the rear yard area. 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 Southold Town Board of Appeals -8- June 2, 1977 character of the neighborhood, and will obsezve the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, John C. and Doris B. Morgan, R. D. 2, Box 143, Flanders, New Jersey, be GRANTED permission to construct addition with insufficient side and rear yard setback, Halyoke Road, Orient, New York, as applied for, subject to the following condition: This lot shall not be further subdivided. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2285 - 8:12 P.M. (E,D.S.T.) upon application of David L. Whipple III., 420 Oak Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Ar~icle III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: East side Oak Drive, Southold, New York; Lots 34 through 39, Block D., Map of Reydon Shores. 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- camt, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: George Miller. Fee paid - $15.00. THE CHAIRMAN: The photostat of the Tax Map of Reydon Shores in the file supports the information given to us an the application about the size of adjoining lots. Is there anyone present who w~hes to speak for this application? (There was no response.) FRED HULSE, JR.: I'm not speaking for it, but I spoke to him and he can't be here this evening. THE C~IRPiAN: Anyone wish tospeak against_.this applicat~ion? (There was no response.) ~t After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient width and area, east side Oak Drive, Southold, New York. The findings of the Board are that the prevailing si'ze of lots in this area supports the division of this lot. The two lots to be created will be in keeping with the surrounding area. Southold Town Board of Appeals -9- June 2, 1977 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique an~ ~ould 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. Gillispie, seconded by Mr. Gr~gonis, it was RESOLVED, David L. Whipple III, 420 Oak Drive, Southold, New York, be GRANTED permission to divide property with insuf- ficient width and area, east sine Oak Drive, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillisple, Bergen, Grigonis. (Mr. Hulse abstained from voting.) PUBLIC H~RING: Appeal No. 2284 - 8:17 P.M. (E.D.S.T.) upon application of Robert Paul c/o Founders Homes, Inc., Main Road, 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: Right-of-way off South Harbor Road, Southold, New York, bounded on the north by now or formerly R. Freund; east by R. Bayley; south by Peconic Bay; west by South Harbor Corporation. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newsDapers, 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: Robert T. Bayley; Southarbor Corporation. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? LAWRENCE LISO: I'm from Founders Homes, we represent Mr. Paul. THE CHAIRMAN: One of the things that we didn't understand in the application was what side yard relief you need. This house is what, 600' or 700' through the woods from the road, I mean the existing house. ~A~RENCE LISO: The existing house is about 500' from the right-of-way. THE CHAIRMAN: How much relief do you need? Southold Town Board of Appeals June 2, 1977 LAWRENCE LISO: To fit it in we need, on one side, 9'6" and 7'8", using the existing structure. THE CHAIRMAN: It'll go right across the property. LAWRENCE LISO: This is what's existing now. This will be a garage and this is a deck (on map). The existing will stay the same 6'5". Over here we'd like to encroach a little more to 5'3" for the deck area, not the house. THE CHAIRMAN: What's the house now? LAWRENCE LISO: 6'5" in this corner and 8'5" in this corner. THE CHAIRMAN: When you get through with all this, you won't be able to d~ive by it, right? There'll be no purpose in.driving by it anyway, right? ROBERT PAUL: area slopes down. used. If I may interrupt, the land down in this Now you're coming into wetlands so it's not THE CHAIRMAN: You've got a turn around here. ROBERT PAUL: At th~moment we have a turn around, right, but we're not going to use it. THE CHAIRMAN: The adjoining house is about 100' further down toward the water. (The Board, Mr. Liso, and Mr. Paul discussed the property.) THE CHAIRMAN: Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests-permission to construct addition with insufficient side-yard setback, right-of-way off South Harbor Road, 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. G~igonis, seconded by Mr. Hulse, it was Southold Town Board of Appeals June 2, 1977 RESOLVED, Robert Paul, Seawood Drive, Southold, New York, be GRANTED permiss±on-to construct addition w±th insufficient side-yard set~ack, r~ght~of-way off South Harbor Road, Southold, New York, as applied' for. Vote of the Board: Ayes: ~ Messrs: Gillispie, Bergen, Hulse, Grigonis. At this time, the Chairman asked if there was anyone present who had come to hear the Dikran V. Simidian application which had been scheduled for 9:10 P.M~ The Chairman stated that this appli- cation had been withdrawn by the applicant. Mr. Vincent Herrman and Mr. Edwin Rodger, representing the Salt Lake Association of Mattituck, said that they were in opposition. Mr. Frederick Kiendl had also contacted the Chairman stating that he, too, was opposed. PUBLIC HEARING: Appeal No. 2286 - 8:25 P.M. (E.D.S.T.) upon application of Gerassimos Totolos, Deep Hole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in side yard area. Location of property: New Suffolk Avenue and Deep Hole Drive, Mattituck, New York; Lot ~47, Deep Hole Estates. 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 of the Town, notice to the applicant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that noti- fication by certified mail had been made to: Mrs. A. Arron; Mrs. Mary Noonen. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? ARTHUR SIMERLING: We have nothing to add. THE CHAIRMAN: The pool will be 66' from Deep Hole.Drive and 47' from Lot $46. It will be in the side yard on Deep Hol~ Drive. The applicant has an obvious hardship. Is~there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct accessory building in side yard area, New Suffolk Avenue and Deep Hole Drive, Southold Town Board of ApPeals -12- June 2, 1977 Mattituck, New York. The finding$~;iof the Board are that the Boardis in agreement withthe reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practica~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. O~ motion by Mr. Bergen, seconded by Mro Hulse, it was RESOLVED, Gerassimos Totolos, Deep Hole Drive, Mattituck, ~ew York, be GRANTED permission to construct accessory structure zn side yard area, New Suffolk Avenue and Deep. Hole Drive, Matti- tuck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulset Grigonis. PUBLIC HEARING: Appeal No. 2282 - 8:33 P.M. (E.D.S.T.) upon application of Thomas L. Minnigan, 91 Princeton Avenue, Hewlett, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side-yard setbacks. Location of property: south side South Lane, East Marion, New York, bounded on the north by South Lane; east by Skopek; south by beach and Bay; west by Thorp. 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, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman ~$o read statemen~ that notification by certified mail had been made to: Mr. John Skopek; Mrs. Frank Thorp. Fee paid - $15.00. THE CHAIRMAN: The applicant's foundation is p~aced on a lot ~hich is 64..67' in width and apparently they'w~e a~tempting to obtain a 15' side yard on the Westerly boundary and 10' on the easterly boundary. The foundation was::cocked a little bit. It would have fitted if it hadn't been cocked. Is there anyone present who wishes to speak for this application? THOMAS MINNIGAN: I don't think it would have fit anyway. Unfortunately, I had to go to Florida, I had a dea.~bi~in the family. They put up the forms and poured the foundation. I was supposed to ~et back on a Tuesday and they poured it on Monday. THE CHAIRMAN: Were you going.to help? Southold Town Board of Appeals June 2, 1977 THOMAE MINNIGAN: No, but I was going to look at it. THE CHAIRMAN: Do you think if you'd looked at it you would have found it? THOMAS MINNIGAN: Well, I told them to make it 39' before I left because Mr. Van ~yl told me it was very close, so i told him to knock a foot off. THE CHAIRMAN: 39', did you say? THOMAS MINNIGAN: I told him to make it 39', yes. THE CHAIRMAN: Then you would have had 25-1/2' for both sides. THOMAS MINNIGAN: But when I come back, he must have went by the 67' which it indicates across the front of the survey, but that's on an angle. It's 69' in the back. He said I had plenty of room. THE CHAI~F~AN: Who, Van Tuyl? THOMAS MINNIGAN: No, the mason, Doric Dimensions. THE CHAIRMAN: Maims are notorious for that because they don't care. THOMAS MINNIGAN: I spoke to both neighbors and Mrs. Thorp said ... THE CHAIRMAN: I'm sure it won't bother anybody, I'm just curious. You hear these things every once in a while, sometimes we get a rash of five or six of them, and you wonder how anybody could be so stupid. Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that~ the applicant requests permission to construct dwelling with insuffi- cient side-yard s~tbacks, south side South Lane, East Marion, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. This minor variation in the side yards in not going to affect the safety, health, and welfare of the Town of Southold. The Board finds that strict application~ of the Ordinance would produce practical difficulties or uru%ecessary hardship; the hardship crested 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. Southold Town Board of Appeals -14~ June 2, 1977 On motion by Mr. Gillispie, seconded by Mr. GZigonis, it was RESOLVED, Thomas L. Minnigan, 91 .Pr±nceton Avenue, Hewlett, New York, be GRANTED permission to construct dwelling with insuf- ficient side-yard setbacks, south side South Lane, East Marion, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2287 - 8:40 P.M. (E.D.S.T.) upon application of Herbert O. Cassi~y, P.O. Box 198, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article IX, Section 100-90 and Bulk Schedule for permission to construct potatoe grading building on undersized lot. Location of property: west side Cox Lane, Cutchogue, New York, bounded on the north by Grefe; east by Cox Lane; south by G. Heidtmann and another; west by L. Glover Jr. 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 applicant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification b~certified mail had been made to: Grefe Contractors; L. B. Glover, Jr.~ Fee paid - $15.00. THE CHAIRF~AN: The applicant's sketch indicates that he proposes an pproxlmately 40' by 100' .. let's see, about 94' it looks like here. HERBERT CASSIDY: One is 40' by 100' and one would be 40' by 80' with a 14' by 64' side. THE CHAIRMAN: So the maximum width of the building is 94', maximum depth is 66' on the southerly side and 40' on the westerly side. The unloading ramp Will be 66' long. The basic size of the building is 40' by 80'. The northerly side yard will be 56' and the easterly side yard, or southerly side yard will be 40' It wi%l be 60' from Cox Lane. These side yards compare with the re- quzrement of 100' of side yard in the "C-l" zone. I think it's 100' front yard, but this would be permitted in the business use. HERBERT CASSIDY: There's no business property available up 'the~e. THE CHAIRMAN: Those 200,000 sq. ft. plots were originally meant to apply to industrial uses. In'the "C~i", the lot width is supposed to be 300', the plot size is supposed to be 200,000 Southold Town Board of Appeals -15- June 2, 1977 sq. ft., the front yard is supposed to be 150', one side yard 50' and both side yards 100'. We're being asked to vary that for this business use. I don~t thfnk this would be'classified industrial. In fact, t~s ~s an lncidential accessory use on the farm. This is the first potatoe house tAat 1 can remember be±ng built in 20 or 25 years. You sure you want to build it? HERBERT CASSIDY: Yes. THE CHAIRMAN: I think it's a good location, the labor camp's right there. HERBERT CASSIDY: 200' down the road. THE CHAIRMAN: Anyone wish to speak against this application? (Th~e was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct potatoe grading building on undersized lot, west side Cox Lane, Cutchogue, New York. The findings of the Board are that the Board is in agree- ment with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produoe 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. Grigonls, seconded by Mr. Hulse, it was RESOLVED, Herbert O. Ca~sidy, P.O. Box 198, Peconic, New York be GRANTED permission to construct potatoe grading building on undersized lot, west side Cox Lane, Cutchogue, New York, as applied for. Vote of the Board: Ayes: Grigonis. Messrs: Gillispie, Bergen, Hulse, On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated May 19, 1977. Vote of theBoard: Ayes: - Messrs: Gilli~pie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -16- June 2, 1977 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Soutkold Town Board of Appeals approve minutes dated May 12, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigon~s. PUBLIC HEARING: Appeal No. 2288 - 8:55 P.M. (E.D.S.T.) upon application of Brian's Song, Inc., Main Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (2) for permission to construct sign with insufficient setback. Location of property: North side ROute 25, Greenport, New York, bounded on the north by New York Telephone Co.; east by New York Telephone Co.; south by Main Road; west by Mary Zepkos. 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- cantt and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had~been made to: New York Telephone Co. and Mary Zipkas. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) The problem is created by the fact that the applicant's parking lot affords really only one location for this sign. The Village of Greenport has placed the utility pole within the applicant's property lines. In order to catch the view of the traffic he has to have it in front of the pole but not in the parking lot. Is there anyone who wants to speak against the application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests-permission to construct sign with insufficient setback, north side Route 25, Greenport, 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 difficult~es or unnecessary hardship; the hardship created is unique and would not be shared by all Southold Town Board of Appeals -17- June 2, 1977 ~roperties alike in the immediate vicinity cf this property and in the same use district; and the variance will not change the character of the nefghborhood, and will observe the spirit of the Ordinance. On motion by Mr. ~ulse, seconded by Mr. Grigonis, it was RESOLVED, Brian,s Song, Inc., Main Road, Greenport, New York, be GRANTED permission to construct sign with insufficient setback, north side Route 25, Greenport, New York, as applied for. Vote of the ~Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC NEARING: Appeal No. 2289 - 9:00 P.M. (E.D.S.T.) upon application of Marguerite Wasson, Peconic Bay Boulevard, Matti%uck, New Y~rk for a variance in accordance with the Zoning Ordinance, Article III, Section 100~31 and Bulk Schedule for permission t~ set off lot with existing buildings with insuffi- cient width and area. Location of property: Bray Avenue and Peconic Bay Boulevard, Laurel, New York, bounded on the north by B. Edwardis; east by W. Smith; south by Peconic Bay Boulevard; west by Bray Avenue. 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 ~ead statement from the Town Clerk that notification by certified mail had been made to: Mr.~ and Mrs. Wallace Smith; Elsie Borak; Anna Wright; Mr. and Mrs. Benjamin Edwards. Fee paid - $15.00. THE CHAIRMAN: A photostat of the County Tax Map indicates that the applica~t appears to own 1.5 acres on which there are two houses. A sketch accompanying the application seems to in- dicatezthat M. Wasson owns the~ adjoining property, adjoining one ~f the ho~se parcels. Is there anyone present here who can ex- plain these complications to us? GARY OLSEN, ESQ.: The first thing I'd like to do is point out an error in the appeal, paragraph I on the second page where i% states that "the applicant would retain an existing house on Bray Avenue, which would have frontage of 74.38 feet and would also retain an sxisting house on Peconic Bay Boulevard having a frontage of 121.87 feet." That should read 96.0 feet, instead of 121.87 feet. (The Chairman corrected the application.) Southo~d Town Board of Appeals -18- June 2, 1977 GARY OLSEN, ESQ.; Do you have a copy of the survey prepared by Van TUyl dated October 6, 19667 THE CHAIRMAN: Yes. One of the questions that I wanted to ask you about this, there's a M. Wasson adjoining this. In other words, is there a lot more property adjoining this? GARY OLSEN, ESQ.: No, if I may approach the Board I think it would be easier for me to explain this. The property to the north where it says J. and M. Wasson, Mrs. Wasson does own that property. THE CHAIRMAN: The same person? GARY OLSEN, ESQ.: Yes, Mrs. Wasson, and that's what I referred to in the last sentence, "the fourth parcel to be created has a right-of-way off of Wells Road." If you look at the tax map, you'll see that there is a right-of-way that does service that parcel. THE CHAIRMAN: Is that a vacant parcel? GARY OLSEN, ESQ.: That's a vacant parcel at this time, there may be a garage on it, I'm not sure, I don't have an exact survey of it. What we're really interested in doing tonight is getting a variance to sell off what's designated as Parcel $2, which is the vacant corner piece on the corner of Bray Avenue and Peconic Bay Boulevard. That would have approximately 26,000 sq. ft. if the variance is granted. It would have 198.52' on Bray Avenue. THE CHAIRMAN: $2 wouldbh~ve how much? GARY OLSEN, ESQ.: 26,000 sq. ft. if the variance is granted so we ~an sell ~hat Parcel off. Mrs. Wasson is living in the house shown on ~1 on Peconic Bay Boulevard. That would haVe about 16 ft. These figures are not exacn, I obtained them from'Rod Van TUyll this afternoon. There's another house shown on Parcel ~3 on Bray Avenue which has, would.have frontage of 74.38' and that would have approximately 8;800 sq. ft. And then there would be this back parcel to the north which is serviced by that right-of-way which would have 10,500 sq. ft. I'm not really interested tonight in trying to set that back piece off as a separate parcel, what I'm ... THE .CHAIRMAN: Of course, you realize that ~can divide a lot, although some people argue that we don't ev~'have that power, but we certainly can't divide it into four. We used to do that, but this would be a minor subdivision under Planning Board rules. If you are merely dividing this out of all of the property of~Mrs. Wasson, apparently all of these pieces were acquired at different times. SouthoId¥~Town Board of Appeals ~19~ June 2, 1977 GARY OLSEN, ESQ.: They all come down through separate clains of title and it's rather complicated. 1 den~t have the exact history of ROBERT BERGEN: Wasn't some of it in her name and some in her husband,s ~am~ and then she inheritedeit? GARY OLSEN, ESQ.: No, I believe that this is all in her name. THE CHAIRMAN: She was in.real estate, right? ROBERT BERGEN: No, this is a different one. GARY OLSEN, ESQ.: She has separate tax bills on all of these pieces but there is a technical merger of title, she does own them all and they're all continguous. She ~s under contract to sell Parcel $2 subject to the granting of the variance, that's the purpose of the application, to get per- mission to divide that off. THE CHAIRMAN: The only thing, well two things, I showed this to John Wickham, who happened to be where I was when I had this file, and he said that they were not granting minor subdivisions~with more than one undersized lot. When you study this more carefully, you find that this is not a minor subdivision, it's just a division. GARY OLSEN, ESQ.: There are two existing houses, I don't think this is a Planning Board matter. THE CHAIRMAN: But it would seem to me that the narrow lot here should be enlarged unless this deal has already been made. GARY OLSEN, ESQ.: Well, she would have the house ... which one are you talking about? THE CHAIRMAN: ~She lives in this one here on Peconic Bay Boulevard. Have they widened this by 25'? G~Y OLSEN~ ESQ.: They widened it by 25.~87' for a total of 96.0'. T.hat's where my confusion came in also, I thought by adding the extra 25.87' it would bring the tobal frontage to 121.87, but in talking to Rod Van Tuyl this morning, this after- noon, that 96.0' includes that extra side yard. THE CHAIRMAN: And that gives you about 16,000. GARY~OLSEN, ESQ.: If you grant the variance to convey Lot $2, her house parcel on Peconlc Bay Boulevard wo~ld have 16,500 approximately, wh±ch would be in keeping with the rest of the community. Southold Town Boardo6fAAppeals June 2, 1977 THE CHAIRMAN: What's going to happen to the other house on Lot $3, is that being occupied? GARY OLSEN, ESQ.: As I understand it, it is occupied~ I guess she rents that house. ROBERT BERGEN~ She has ever since they built it. GARY OLSEN, ESQ.: The other parcels on the street, if you look at the tax map, seem to indicate that this would be in keeping with the general size and shape,and character of the other parcels in the community. As a matter of fact, it would be a little larger, the house piece on Bray Avenue. THE CHAIRMAN: It looks as though there are quite a few lots here ... GARY OLSEN, ESQ.: Some have common ownership but I think they're basically 50' each along Brady Avenue. This would be in keeping and it has an existing house so the density wouldn't be increased particularly by granting the variance. The parcel to be created, which Would be the corner lot which is a vacant lot now, would be actually larger than the other parcels in the community. It would be a nice sized lot. THE CHAIRMAN: I don't know whether you noticed it or not but R. Wasson is the name on the nex~t adjoining lot. GARY OLSEN, ESQ.: That's now been sold. ROBERT BERGEN: That's another Wasson, there were three Wassons and they all died. GARY OLSEN, ESQ.: I believe that's now Smith. She does not own that piece. THE~ CHAIRMAN: You don't think tha~ she'd want to consider enlarging Qr increasing the width of this lot on Bray Avenue, the rental house? GARY OLSEN, ESQ.: I don't think so because as it is it would have 74.38', I don't see the purpose of it. That would be approximatelY 20' wider than some of the other lots on Bray Avenue. The house, the way it is intended to be divided, would more or less be centered, it has a good side yard, I don't really see the purpose of it. THE CHAIRM~N: This is all mowed down here and this is all wild. GARY 0LSEN, ESQ.: As I say, she is under contzact for the corner parcel subject to the variance and obviously the people that are buying it want to make sure they can put up a residence. $outhold Town Board of Appeals June 2, 1977 THE CHAIRMAN: Anyc'other questions? Anyone wish to speak against this appl~cat~on~ (There was: no response. After investigation and inspection, the Board finds that the applicant .requests permission to set off lot with existing buildings with insufficient width and area, Bray Avenue and Peconic Bay Boulevard, Laurel, New York. The findings of the Board are that the applicant has enlarged Lot ~1 at the expense of Lot $2. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is ~ique 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. Bergen, seconded by Mr. Hulse, it was RESOLVED, Marguerite Wasson, Peconic Bay Boulevard, Mattituck, New York, be GRANTED permission to set off lot with existing buildings with insufficient width andaa~ea, Bray Avenue and Peconic Bay Boulevard, Laurel, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hutse, Grigonis. Mr~. and Mrs. Joseph A. Rakowski had an~inf~rmal discussion with the Board about converting their house into.a two-family dwelling. The house, located in Mattituck, was at one time a boarding house, and until recently the Rakowski's son and his family have'been living there with them. They submitted a letter and other documents to the Chairman, who said he would discuss this matter With the Town Attorney. Mr. Wi~iiam Schriever had a discussion iwith the Board plication for a change of zone which was.denied by the Town Board. The Chairman-said he would also discuss this with the Town Attorney. One (1) Sign Renewal was reviewed and appr0~ed a~ submitted. Southold Town Board of Appeals June 2, 1977 On motion by Mr.-Gi. ll~sp!e, seconded by Mr. Bergen, it was RESOLVED that the' n~xt meeting of the Southold Town Board of Appeals be held at 7:30 P.M. (E.D.S.T.), Thursday~ June 23, 1977, at the TOwn Hall, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillisple, Bergen, Hulse, Grigonis. On motion by Mr. Grigonis, seconded by Mr.. Hulse, 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, June 10, 1977, at the Town Hall, Main Road, So~thold, New York. Vote of th~Board: Ayes: Grigonis~ Messrs: Gillispie, Bergen, Hulse, On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set the following'times on Thursday, June 23, 1977, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon the following applications: 7:30 P.M. (E.D.S.T~) - James E. Cross; Appeal No. 2290. 7:40 P.M. (E.D.S.T.) - Adolph G. Westerlund; Appeal No. 2291. 7:50 P.M. (E.D.S.T.) - Zan Zobel; Appeal No. 2292. 8:00 P.M. (E.D.S.T.) - Harry C. Hennessy; Appeal No. 2293. 8:10 P.M. (E.D.S.T.) - Esther R. Taylor; Appeal No. 2295. 8:25 P.M. (E.D.S.T.) - John G. Zaveski; Appeal No. 2294. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appea!s grant per- mission to St. Peter's-Lutheran Church to hold its annual German Festival on July 9, 1977, subject to the condition that the posters can be erected no sooner than two weeks prior to the event and must be removed within the week following the event. St. Peter's is also granted permission to place a poster adver- tising the event on the drive-in theater structure subject to the same condition. Southold Town Board of Appeals -23- June 2, 1977 Vote of the Board: Ayes: ~ Messrs~G'~ll~sp..e,' ± Bergen, Hulse, Grigonis. The meeting was adjourned at 10:30 P.M. (E.D.S.T.). R~/rl~ctf.~ll'~y fi~ubmitted, M~r~/~. Dawson Sec~tary