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HomeMy WebLinkAbout2006$5---14- 7, b TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOABD OF APPEALS Appeal No. 2006 Dated February 6, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF TIlE TOWN OF SOUTHOLD To Reginald Hudson a/c Claire Brody & Others 136 Front Street Greenport, New York DATE.~b......2.7, 1975 Appellant at a meeting of the Zoning Board of Appeals on February 27, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1975 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined that a special exception ( ) be graded ( ) be denied pursuant to Art~le .................... Sect~n .................... Subsection .................... paragraph .................... of the Zoning Ordin~ce end t~ dec.on of the Building I~pector ( ) be reversed ( ) be co~irmed b~ause 10:05 P.M. (E.D.S.T.) upon application of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B - 9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York, (north center lot) bounded on the North: N. 66° 01' 20" E. 170' ~; East 140' · along W/S Canal; South S. 66° 01' 20" W. 170' ~; West N. 68° 19' 00" W. 91.24' and N. 61° 29' 10" W. 48.76' along E/S Gull Pond Lane. Fee paid $15. 2. VARIANCE. By resalution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 LOT C After investigation and inspection the Board finds that applicant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of LOT "C" as shown on Van Tuyl's survey dated January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision; and that the Board of Health and Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, is accessory use to the ordinary residential use. The Board finds that strict application of the O~dinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared byall 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. THEREFORE IT WAS RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "C" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: 1. Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. 2. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use a special exception shall be applied for from the Board of Appeals. 3. Site plan approval shall be obtained from the Planning Board. 4. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. 5. That this approval shall be subject to applicant obtaining proper documents from the S~ate and County Environmental Control Commissions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. Legal Notice - Page 3 and area. New York 9:15 P.M. (E.S.T.) upon application of Ruth & Guy Sobering, Sound Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to use existing foundation for new construction with insufficient setback. Location of property: N/S Sound Avenue, Mattituck, New York, bounded on the north by Thornton Smith; east by Thornton Smith; south by Sound Avenue; west by Thornton Smith. 9:30 P.M. (E.S.T.) upon application of Harry W. Armstrong, 71 Dawn Drive, Greenport, New York for a variance in accordance with Article III, Section 100-32 for permission to locate accessory building in side yard area. Location of property: Dawn Drive, Greenport, New York, Map of Cleaves Point, Block 3, Lot No. 71. 9:45 P.M. (E.S.T.) Rehearing, amended application of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk dock Schedule for permission to use lot for mooring/_and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York (southerly lot), bounded North: N 66° 01' 20" E 165' ~; East: 135' ~ on W/S Canal: South: along northerly line of Lot 12, Fordham Acres S 60° 54' 30" W 188' ~; West: along E/S Gull Pond Lane N 68° 19' OOW 88.9' & N 43° 00' W 51.51'. 9:55 P.M. (E.S.T.) upon application of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width Location of property: E/S Gull Pond Lane, Greenport, (south center lot); bounded North: N 66° 01' 20" E 170' ~; East 140' ~ west side Canal; South: S 66° 01' 20" W 165' c Legal Notice - Page 4 (9:55 P.M. Reginald Hudson cont'd) West: N 68° 19' 00" W 140' + along E/S Gull Pond Lane. 10:05 P.M. (E.S.T.) upon application of Reginald Hudson a/c Claire Brod~ & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, New York, (north center lot), bounded on the North: South S.66° Greenport, N 66° 01' 20" E 170' ~; East 140' ~ along W/S Canal; 01' 20" W 170' ~; ~West N 68" 19' 00" W 91.24' and N 10W 48.76' along E/S Gull Pond Lane. 61" 29' 10:15 P.M. (E.S.T.) upon application of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York fo~ a variance~in accordance with the zoning Ordinance; Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York (northerly lot), bounded North: Lot 11, East Map of Fordham Acres N. 66~ 01' 20" E 165' ~; ~: 140' ~ on W/S Canal; South: 66~ 01' 20" W. 170' ~; West: N 61° 29' 10" W 140' + on East side Gull Pond Lane~ 10:25 P.M. (E.S.T.) upon application of Wickham & Lark a/c George Burrell, 1323 Ditmas Avenue, Brooklyn, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule & Section 280A Town Law for permission to divide lot with insufficient width, and for approval of access. Location of property: R.O.W. N/S Manhanset Avenue, Greenport, New York, bounded on the north by R~gens International Corporation; east by Gull Pond; south by H. Raynor west by W. Pell III. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, Suffolk Coanty, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southuld, at the Town Office, Main Road, Santhold, New York on February 27, 1975 on the following appeals: 7:30 P.M. (E.S.T.) Rehearing for reconsideration of previous grant of variance to Harvey Bagshaw, Deep Hole Drive, Mattituck, New York on applicant's request for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) (f) for permission to construct Body Shop within 300 feet of a residential zone. Location of property: N-S Main Road, Laurel (Dist. Il), New York, bounded on the north by J. O'Connell; east by A. Gandale; south by Main Road; west by J. O'Connell. 7:45 P.M. (E.S.T.) upon application of Theodore Stepeowsky, Bay Avenue, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 for permission to excess of permitted height. Location of property: Bay Avenue, Cutchegue, New York, bounded on the north by B. Kujawski; east by Bay Avenue (Skunk Lane); south by W. Blllard; west by A; MacOra:~ 8:00 P.M. (E.S.T.) upon apliieation of Claude Carlson, Glenwead Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule, and Scctian 280A Town Law, for permission to divide lot with insufficient area and width, and for approval of access to rear lot. Location of property: N-S North Bayview Road, Southold, bounded on the north by Hart; east by Auletto, Lotterhof, Inchanpan & Others; south by North Bayview Road, west by Graseek & Zamphiroff. 0:15 P.M. (E.S.T.) upon application of Barbara A. Philipp, Pautipaug Lane, North Franklin, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient area. Location of property: E~ Reservoir Read, Fishers Island, New York, bounded on the north by W. May and Reservoir Read; east by W. May and Wllmerding; south by K. Peterson; west by Heservoir Read. 8:30 P.M. (E.S.T.) upon application of Emmanuel Tsontes, 26 I.V. Willets Read, West North Hills (Ruslyn P.O.), New York for a special exception in accordance with the Zoning Ordinance, Article V, Section 100- 50, Subsection B (3) for permission to use land zoned "C" for multiple dwellings. Location of property: S-S Sound Avenue, Maltituck, New York, bounded on the north by Demchuk, R. Davis, Sound Avenue, L. Yarrusso, Worthington & Others; east by J. Berdinka, & Sinko, L. Gleeclder, F. Zaneski, W. Jackowskl & Others, and Factory Avenue; south by Long Island Railroad; west by Walgo & Demchnk. 9:45 P.M. (E.S.T.) upon ~' EGAL NOTICE ,cation of Wickham & Lark a- lola Adams, Middle Read, htchegue, New York for a lning Ordtmnce, Article III, ~tion 100-30 and Bulk Schedule ~ermission to divide lot with tficient width and area. ..~ation of property: N-S Middle Road (CR 27), Cutchngue, New York, boanded on the north by Tuthili; east by Bates; south by Middle Read (CR 27); west by Schneider. 9:00 P.M. (E.S.T.) upon applicatian of John J. Marincci, 718 Island View Lane, Greenpert, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Bay Shore Road Extension, Greanport, New York, bounded on the north by Lutkowitz & Reibling; east by Pecon/c Bay; south by L. Maillet, Jr.; west by R.0.W. (Horn Est.) 9:15 P.M. (E.S.T.) upon application of Ruth & Guy Sobering, Sound Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to use existing fotmdation for new construction with insufficient setback. Location of property: N-S Sound Avenue, Mattituck, New York, bounded on the north by Thornton Smith; east by Thornton Smith; south by Sound Avenue; west by Thornton Smith. 9:30 P.M. (E.S.T.) upon application of Harry W. Armstrong, 71 Dawn Drive, Greenpert, New York for a variance in accordance with Article III, Section 100-32 for pennisoiea to locate accessory buildihg in side yard area. Location of property: Dawn Drive, Greanpert, New York, Map of Cleaves Point, Block 3, Lot NO. 71. 9:45 P.M. (E.S.T.) Rehearing, amended application of Reginald Hudson a-c Claire Bredy & Others, 136 Front Street, Groenport, New York for a Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permisaion to use lot for mooring dock and storage building with insufficient width and area. Location of property: E-S Gull Pond Lane, Greenpert, New York (southerly lot), bounded North: N 66 degrees 01' 20V E 165' +; East: 135' + on W-S Canal: So~th: along ~"artherly line of Lot 12, Ford~am Acres S 60 degrees 54' 30" W 188' +; West: along E-S Gull Pond L~ne N 68 degrees 19' OOW 88.9' degrees 00' W 51.51'. 9:55 P.M. (E.S.T.) upon application of Reginaid Hudson a-c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for )ermission to use lot for moorln dock and storage building with insufficient width and area. Location of property: E-S Gull Pond Lane, Greenport, New York (R%th center lot); bounded]_ +; East 140' + west side Canal; ~)uth: S 66 degrees 01' 20" W +; West: N Sa degrees 19' 00" W[ 140' + along E-S Gull Pond Lane.] 10:05 P.M. (E.S.T.) upon application of Reginald Hudson a-c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Scction 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with LEGAL NOTICE insufficient width an_ area. Location of property: E-S Gull Pond Lane, Greenport, New York, (north center lot), boanded on the North: N 66 degrees 01' 20" E 170' +; East 140" + along W-S Canal; South S. 66 de~-rees 01' 20" COUN'I~t OF SUFFOLK, ] W 170' +; West N 68 degrees 19' 00" W 91.24' and N 61degrees 29' -"T~a,r., OF I~]'EW YORK, ~ss: 10W 48.76' along E-S Gull Pond J Lane. 10:15 P.M. (E.S.T.) upon ........... ~11~''17~' .~'- .Dq¥.m.a..n ........ being duly Sworn. a-capplicati°nclaire Brody°f Reginald& Others,HUds°n136 says thor ...... .he is Printer and Publisher oi the SUFFOLK YorkFr°nt Street,for a Groenport,variance Newin WEEKLY TIMES, n newspaper published ~xt Greenport, in said Ordinance,acc°rdanceArticleWith theHi, Zoningsection county: und ~h~t the notice, o! which the annexed is ~ printed 100-30 B-9 and Bulk Schedule for copy, has been published in the /mid Sutfolk Weekly Times permission to use lot for mooring dock and storage building with once in eoch week, l[or Orle (1) insufficient width and area. ' .......................... weeks Location of property: E-S Gull Pond Lane, Greenpert, New York (northerly lot), bounded North: Lot 11, Map of Fordham Acres N. 68degrees 01' 20" E 165' +; East: 140' + on W-S Canal; South: 66 degrees 01' 20" W. 170'+; WesL: N 61 degrees 29' 10" W 140' + on East side Gull Pond Lane. 10:25 P.M. (E.S.T.) upon application of Wickham & Lark a- c George Barrell, 1323 Ditmas Avenue, Brooklyn, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule & Section 2~0A Town Law for permission to divide lot with insufficient width, and for approval of access. Location of property: R.O.W. N~q Manhanset Avenue, Greenport, New York, bounded on the north by Regens International Corporation; east by Gull Pond; south by H. Raynor; west by W. Pull III. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 13, 1975 BY ORDER OF THE BOAHD OF APPEALS 1TI~20 successiv~Iy COmmencing on the ...... ?M..e..n.~.ieth ..... ta¥ of .... ~b~r~. ....... 19. Z5 ~W~ t~fore me this . ~ .... ] , .... .............. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build.- lng Zone Ordinance of the Town of Southold, Suffolk County, New York, oublie hearings will be held by the Zoning Board of Appeals el the Town of Southold, at the Town Office, Main Road, Southold, New York on Feb- ruary 27, 1975 on the following appeals: 7:30 P.M. (EST) Rehearing for reconsideration of previous grant of variance to Harvey Bagshaw, Deep Hole Drive, Mattituck, New York on ap- plicant's request for a variance in accordance with the Zoning Ordinance, Article VII, Scction 100-70 (B) if) for permission to construct Body Shop within 300 feet of ~ residential zone. Location of property: N/S Main Road, Laurel (Dist. 11), New York, bounded on the north by $. O'Connell; east by A. Good- ale; south by Main Road: West by J. O'Connell. 7:45 P.M. (EST) upon appli- cation of Theodore Stepnowsky, Bay Avenue, Cutchogue, New York for a variance in accord- xnce with the Zoning Ordi- nance, Artic]e III, Section 100- 32 for permission to construct antenna tower in excess of per- mitted height. Location of property: Bay Avenue, Cut- chogue, New York, bounded on the north by B. Kujawski; east by Bay Avenue (Skunk Lane); south by W. Billard; west by A. Macom. 8:00 P.M. (.EST) upon appli- cation of Claude Carlson, Glen- wood Rea'd, Cutchogue, New York for a variance in accorct- ance with the Zoning Ordi- nance, Agticle III, Section 100- 30 and Bulk Schedule, and Section 280A Town Law, for permission to divide lot with insufficient area and width, and for approval of a'ccess to rear lot. Location of property: N/S North Bayview Road, Southold, bounded on the north by Hart; east by Auletto, Lot- terhof, Inchanpan & Others; south by North Bayview Road, west by Graseck & Zarnphiroff. 8:15 P.M. (EST) upon appli- cation of Barbara A. Phibpp, Pautipaug Lane, North Frank- lin, Connecticut for a variance in accordamce with the Zoning Ordinance, Article III, Section 100-30 and Bul~ Schedule for permission to divide lot with insufficient area. Location of property: E/S Reservoir Road, Fishers Island, New York, bounded on the north by W. May and Reservoir Road; east by W. May and Wilmerding: south by K. Peterson; west by Reservoir Roa~L 8:30 P.M. (EST) upon appli- cation of Emmanuel Tsontos 26 I. V. Willets Road, West North Hills (Roslyn P.O.) New York for a special exception in accordance with the Zoning Ordinance, Article V, Section 100-50, Subsection B (3) fo~' permission to use land zoned "C" for multiple dwellings. Lo- cation of property: S/S Sound Avenue, Mattituck, New York, bounded on the north by Dem- chuk, R. Davis, Sound Avenue, L. Yarrusso, Worthington Others; east by J. Berdink,. Stake, L. Gloeckler, F. Zan- eski, W. Jackowski & Others, and Factory Avenue; south by Long Island Railroad: west by Walgo & Demchuk. 8:45 P.M. (ES" ' upon appli- cation of WieM~ & L~rk a~c Iola Adams, Middle Road, Cut- chogue, New York or a vari- ance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Sched- ule for permission to divide lot with insufficient width and area. Location of property: N/S Middle Road (CR 27), Cut- chogue, New York, bounded on the north by Tuthill; east by Ba~es; south by Middle Road (CR 27); west by Schneider. 9:00 P.M. (EST) upon appli- cation of John J. Martoeci, 718 Island View Lone, Greenport. New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct accessory building in front yard are~. Location of property: E/S Bay Shore Road Extension, Greenport, New York, bounded on the north by Lutkowitz & Reibling; east by Peeonic Bay; south by L. Mail- let, Jr.; west b.y R.O.W. (Horn Est.) 9:15 P.M. (EST) upon appli- cation o£ Ruth & Guy Sobering, Sound Avenue, Mattituck, New York for a variance in ~ccord- ~nce with the Zoning Ordi- nance, Article III, Section 100- 30 and Bulk Schedule for per- mission to use existing tounda- lion for new construction with insufficient setback. Location of property: N/S Sound Avenue, Mattituck, New York, bounded on the north by Thornton Smith east by Thornton Smith; south by Sound Avenue; west by Thornton Smith. 9:30 P.M. (EST) upon appli- cation of Harry W. Armstrong, 71 Dawn Drive, Greenport, New York for a variance in accord- aence with Article III, Section 100-32 for permission to locate accessory building in side yard area. Location of property: Dawn Drive, Greenport, New York, Map of Cleaves Point, Block 3, Lot No. 71. 9:45 P.M. (EST) Rehearing, amended application of Reg- inald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a var- lance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and stor- age building with insufficient width ~nd ar~a. Location of; proper~y: E/S Gull Pond Lane, Greenport, New York (south- erIy lot), bounded North: N 66~ 01' 20" E 165' ~ East: 135' ± on W/S Canal: South: along northerly line of Lot 12, Fordham Acres S 60° 54' 30" W 188' ±: West: along E/S Gull-Pond Lane N 68° 10' OOW 88.9' & N 43~ 00' W 51.51'. ~ 9:55 P.M. (EST) upon appli- cation of Reginald Hudson a/c Claire Brody & Others, 138 Front Street, Green~c~Srt, New York for a variance in a~cord- ance with the Zoning Ordinance Article III, Section 100-30 B-9 and Bulk Schedule for per- mission to use lot for mooring dock and storage building with insufficient width and area. Lo- cation of property: E/S Gull Pond Lane, Greenport, New York (south center lot); bound- ed North: N 66° 01' 20" E 170' ±; East 140' ± west side Canffl: South: S 66° 01' 20" W 165' ± West: N 68° 19' 00" W 140' ± along E/S Gull Pond Lane. 10:05 P.M. (EST) upon ~opli- cation of Reginald Hud a/c Claire Brody & Other~, 136 Front Street, Greenport, New York for a variance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- $0 B-9 and Bulk Schedule for permission to use lot for moor- lng dock and storage building witl~ insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York, (north center lot), bounded on the North: N 66° 01' 20" E 170' ±; East ]40' ± along W/S Canal; South S. 86~ 01' 20" W 170' ±; West N 63° 19' 00" W 91.24' and N 61~ 29' I0W 4~.76' along E/S Gull Pond Lane. 10:15 P.M. (EST) upon appli- cation of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- 30 B-9 and Bulk Schedule for permission to use lot for meet- ing dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York (northerly lot), bounded North: Lot 11, Ma~ of Fordham Acres N. 66° 01' 20" E 165' ±; East 140' ± on W/S Canal; So~th: 66° 01' 20" W. 170' ±; West: N 61° 29' 10" W 140' ± on East side Gull Pond Lane. 10:25 P.M. (EST) upon appli- cation of Wickham & Lark a/c George Burrell, 1323 Ditm~s Avenue, Brooklyn, New York for a variance in a~cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule & Section 28(~A Town Law for permission to divide lot with insufficient width, and for approval of ac- cess. Location of property: R.O.W. N/S Manhanset Ave- nue, Greenport, New York, bounded on the north by Re- gens International Corporation; east by Gull Pond; south by H. Raynor; west by W. Pel] III. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: FebruaTy 13, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T--2-20 ,s that she is an ~ - MA'I-FITUCK ted at Southold, :e of which the ublished in said man once each // ............ .~. weeks/ .../. ......... day of 0o ,00 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~- ~/~ . Feb 6 ~97~ : ' ," DATE ' TO THE ZONING BOARD OF APPEALS, TOWN OF .SOUTHOLD,' N~ Y.' , ·' · · " .1, (we) Claire..~rd.d.~ C .C~n.r~ ~ ' ' ' ' .................... . ............... - ....... .F. ..... , ......... f 1~6 · ~,ront 3t~eet- . ~ St~e~ and Numar : ~, Name of ~ellom . ~-, ; , . ; : ,; :~ ............... G=e~,Doz.[ ................................................................ ~..~ ......:...HEREBY APPEL TO Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON · S ci ~' ce tion APgLICATION ~R ~ Nh ............. ~.c~.~d~ ............... DATED ....... A~/g.....~0......~..l+. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant Tar permit of 13.6........r..r..~.~.L.~.t..r. ~..~.~. ....... ~r.c:.~:,.g.r.~ ................................................... Street and Number Municipality State (X) PERMIT TO USE f'or mooring ~ storage building ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....~r~.~...Q~...:...~. ...... .~.~ ...... : ........ :.~.......~.;:....~...~..~..~:..~:..:..~ ' ;" : '.,~ Street ' ' ' ' Use DistriCf:ofi ,.Zonin§ Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Art III section 100-30 B-9 3. TYPE OF APPEAL Appeal is made herewith for (X) A yA,RIANCE to the Zpning Ordinance Zoning Map · (, ;) A VARIANCE due to lack of 0c~ess](Stote of New York Tow. n Law Chap: 4. "PRevIoUS AppEAL ,~ previous,-Ppedl (:lla~ (ha~ not)' been m-ac~ with re, spe~,to,t~ s deEisiop of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ~1~ A Variance to the Zoning OrdinonceJ Lot is not suitable for ~esidence use1 ( ) request perait for dock ./~ 'mooring for }v&t~ate boats & sraall stoage is requested for the reason that building. Lot is lorthe center lot boullded: N- N 66° O1' 20" E 170' _+1 E. 1~0' + alone W/S Canal: S/ S.66° O1' 20" 'd 170' _e$ ~,~/ N 68° 19' 00" 'W 91.2b'f & I~ 61° 29' 1OW W~.76 along 3/S Gull pond Lane. Form ZB1 (Continue on other side) OO Oo REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the property was purchased with the intent they gould eventually be able to build retirement homes on the property. Lave been paying taxes on the property ever since the purchase. Board of Health engineers say it would be unable to be ~sed for residential buildings because the fill put in by p~evious owmers ia of a nature not good enough for propU sewerage disposal by septic tanks and pools, according to Suffolk County regulations. 2. The hardshipcrea~dis UNIQUE cndisnotshared by all properties alike in the immediate vicinity of this prope~y and in this use district because the &rea involved was a low area filled in as a spoils area when dredging of Sterling Creek, and although top looks like good clean sand, lower areas to a depth of 14' has questionable material, Although the property has municipal water~ it lacks municipal sewerage which would be the only c,~re. 3. The Variance would obse~e the spirit ofthe O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because tho only permission required would be mooring and storage. At would not change the character of the district because the existing properties all are using their properties for the same purpose, with the exception that they can have a residential building. The variance would make the property more attractive and a boat w owner would have a place to moor his boat, making it possible to pay existing taxes and have a safe harbor. ) SS ........................................ COUNTY OF I.~-/~'.> ) Signature Sworn to this ............................. .(O. ............. day of ...... ~.. ................................... .......................... ......... ...... scHu ~ Notary Public ~~LIC, St~+, of New y~ No. 4 -354088E Expires Mer~h 3~97E FORD~ NO. ~ Q TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ................................................................... ~o~ ............ ~ ............ ~. ................. , ~.~ pLI:,~SE T,~KF NOTtC~E thQt your oppiicc~tion ................................................ ......... ~~~.~....~.~. ...... .~..~ .......... ~..~z....~..~..~~ .... Building Inspec~/~ Southold Town Board of Appeals -19- February 27, 1975 There were approximately 25 people present from the Cleaves Point Property Owners Association, the Baymen's Association, and persons directly concerned with property located on the East side of Gull Pond Lane, Greenport, New York, bounded on.the north by Scott McBurney (Lot 11); on the east by canal (branch of Gull Pond); on the south by G. Lubrich (Lot 12); on the west by Gull Pond Lane, consist- ing of four lots, for the following public hearings on application of Reginald Hudson a/c Claire Brody and Others. THE CHAIRM~/q: Ail of the testimony that is taken on the first application will also apply to the other three applications. All of these applications are approximately the same. The proposal is to divide up some filled property into approximately one half acre lots, in order for the owners to obtain some use for their property, which all Boards are pledged to defend. It was suggested that these four lots might be created with a view to using them solely for accessory residential use which is a permitted use for all of you under the present Ordinance, by special exception. In other words, the applications before us tonight will have to be further qualified by special exception. This is what has occasioned the large attendance here tonight. The proposal is to create these four lots and to covenant them by agreement filed in,the County Clerk's Office that they can~never be used for residential purposes. They can only be used for accessory residential use. All of you are permitted accessory residential use. The four applications are identical. I believe if you hear one of them you will have heard all of them. MR. REGINALD HUDSON: has been cut down to four planned. They are all the same. The property lots instead of five lots as originally PUBLIC HEARING: Appeal No. 1954 - 9:45 P.M. (E.D.S.T.) Rehearing: Amended application of Reginald Hudson a/c Claire Brody & Ors, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York (southerl~ lot), bounded north: N 66° 01' 20" E 165' ~; East: 135' + on W/S Canal; South: along northerly line of Lot 12, Fordham A~res S 60° 54' 30" W 188' +; West: along E/S Gull Pond Lane N 68° 19' 00W 88.9' & N 43~ 00' W. 51.51' Southold Town Board of Appeals -20- February 27, 1975 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, and notice to the applicant. THE CHAIRMAN: We went over the whole subdivision this afternoon. These lots would be larger than most other lots in the vicinity. The survey shows the proposal for all four lots. This is part of the original development. I am trying to make the whole application clear to you. talked to Counsel this afternoon and found that the applicant would have to make applications for special exceptions for the mooring of boats. It comes under uses that are permitted in a residential area by special exception. I believe that the thinking of the Board on these applications is that; No. 1 - it would be necessary to apply for a special exception to moor boats as an accessory residential use. No. 2 - it would also be necessary to obtain Board of Health approval on any sanitary facilities. No. 3 - site plan approval would have to be ob rained from the Planning Board. No. 4 - Depart- ment of Environmental Conservation approval must be obtained. I Also, it would be necessary that the applicant file covenants which would further prohibit their using these lots for residential purposes now or in the future. This is some of our thinking. I am sure that all of you realize that anybody who owns property has a right to use it to the extent permitted by law. This is not to be a commercial proposition and I believe that the Board would reduce the number of boats that can be anchored here because of your pollution problems, and because these lots are under 40,000 square feet in area. The Board will probably require that no more than two boats be anchored off these lots. You can't put anything com~herci~l~in a residential area. The rest of you are permitted to have your own boats plus two others. We had an application from Orient where a man had 18 or 20 boats and he said they were all his, and that it was not a marina. So, in order to offset the possibility of somebody buying one of these lots and mooring a half dozen boats there, we will restrict the number of boats allowed. This is some of our thinking. We are required to allow a man to use his property. We have to find a use for this land. All Courts say a man should be able to use his property. What is proposed here is an accessory use. We have received a letter from Mr. Eric G. Koch, Secretary of the Cleaves Point Property Owners Association,.a civic association representing about 40 homeowners and lot owners 'along the adjoining and neighboring Dawn Lagoon, along Gull Pond, and other lot and homeowners in the Cleaves Point area. Southold Town Board of Appeals -21- February 27, 1975 J Mr. Koch pointed out that"the main objection to the granting of these variances is the fact that these lots will be occupied by boats with people living on those boats through- out the boating season. With the number of boats involved it would be in essence a small marina in a residential area. These boats would discharge all human excrements and urine deposits into this narrow canal, which in our opinion would constitute and create a very serious health hazard." (Letter in file). We have also received a letter from Mr. Walter Honings, Gull Pond Lane, Greenport, N. Yo, stating that "one of the most important considerations you have as members of the Board of Appeals are the environment, the ecology and pollution of the waters of the Town of Southold. Gull Pond is a beautiful inlet with well cared for homes, mostly owned by retired people of which the Township of Southold, I am sure, is proud. You will be creating a 600 foot shanty town. Whether you approach by road or water the docks and storage buildings requested will be a lot more than unsightly. They will give the impression of shacks or out-houses." (Letter in file.) We have also received a letter from Mr. and Mrs. Walter Galazzi, 197 Gull Pond Lane, Greenport, N. Y. stating that they wish to register their opposition to the application for variances as submitted by Reginald Hudson a/c Claire Brody & Others. (Letter in file). THE CHAIRMAN: I will be glad to turn the floor over to anyone who wishes to speak for this application. MR. HERBERT ZIEGLER, Cleaves Point Property Owners Association: Perhaps I can save everyone some time. I am an attorney and there is no question in my mind that you made a proper statement. There is one question that'occurs to me. I have not been able to ascertain whether these contracts are contracts subject to obtaining a variance or whether the property has been conveyed. MR. REGINALD HUDSON: Some people still own them. MR. ZIEGLER: Do these owners have Deeds recorded? MR. HODSON: This was known as Fordham Acres, and they conveyed the property. MR. ZIEGLER: I am also cognizant of the fact that you can make severe restrictions. I think this thing, can be amicably settled. I would like to propose that the Board take it upon themselves to restrict to one boat with livable quarters. There is a difference between that and a day sailer or an outboard. Southold Town Board of Appeals -22- February 27, 1975 THE CHAIRMAN= You are suggesting that there be no more than one boat anchored at each lot with living quarters? Then, we get into what is considered to be living quarters. MR. ZIEGLER: You can't live on an outboard or a day sailer without toilet facilities, which is the main problem. They have used the word "dock". This is an 80 foot wide channel, if a man has a 54 foot boat out there, I would suggest that they have in mind "dockage" at a bulkhead. If anyone were to construct a 40 or 50 foot dock in there... THE CHAIRMAN: NO docks is what you are saying. MR. ZIEGLER: I .think it should be "dockage". There would be no way of mooring. If you have a 30 foot boat with 12 feet of chain and a 15 foot line, there would be no room to swing. THE CHAIRMAN: This use is permitted in Residential. 100-30 No. 9 Boat docking facilities: for the docking, mooring or accommodation of non-commercial boats subject to the following requirement: "There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. MR. ZIEGLER: I am not opposed to their right to use the property. I am more concerned with 8 boats along that almost stagnant canal. It is going to cause so much pollution that you will have the same problem that they have at Sterling Basin. Everyone is entitled to have friends but I am trying to point out that 8 boats as a permanent thing is a lot of boats. If they are owners, I am not trying to interfere with their use. THE CHAIRMAN: If we can define boats on which you can live and confine it to one livable boat on each lot you would be agreeable to that? MR. ERIC KOCH, Cleaves Point Property Owners Association: No one would object to one livable boat. We are afraid that there might be 10 to 15 boats moored there without toilet ~olding tanks. People will visit them, cars will be parked along the road, there will be shacks built, but our main concern is pollution. ~IRS. SCOTT McBURNEY, Gull Pond Lane, Greenport, N. Y.: It's already there. MR. KOCH: We don't want any more of it. Southold Town Board of Appeals -23- February 27, 1975 MR. ZIEGLER: It empties into Gull Pond. It's a much wider body of water. The Town has seeded with oysters. We are concerned with pollution on Gull Pond. I don't know of any pollution in the canal but I can understand how it can develop. Whatever empties out empties out into Gull Pond. It does'nt empty out into the Sound or the Bay. Would you mind the word "dockage"? MR. HUDSON: You could not built a dock if you wanted to because the previous owners still retain the bottom. I have no objection to the word "dockage". MR. WALTER HONINGS: There are two things that we are objecting to that we would like to see avoided. Up at the end of the channel you have a situation that we are afraid will be repeated on ~ach of these lots. At the far end there is one piece of property with four boats set perpendi- cular to the end. If that is done for 700 or 800 feet it will make a very small channel, and it looks like the devil. Also, they put up a metal gazebo. When the wind blew it down Mr. Germansky had a new one put up but he left the old one lying there. We are afraid of this sort of thing appearing for 600 feet along the road. THE CHAIRMJ%N: We would want something substantial that would not blow away. Most of these outbuildings that are put up will blow away unless you anchor them. MR. V. GERMANSKY: The company from whom I bought that gazebo said it would stand winds of up to 100 miles per hour. We have replaced it. I don't think anything will blow this thing down. Mr. Honings made the comment that the gazebo is still there. It.is but I do want to save those panels. I would like to have the time to replace them. THE CHAIRMAN: We don't have the authority to tell you what to do with a building that fell down. MR., HONINGS:. We are really trying to protect ourselves from something like this happening again. THE CHAIRMAN: How large a building do you think an outbuilding should be? MR. KOCH: That size is alright. MR. HUDSON: It's 12' x 14', or maybe 12' x 16' or 12' x 18', something along that line. Southold Town Board of Appeals -24- February 27, 1975 MRS. SCOTT McBURNEY: We are immediate neighbors. We had a situation where a man rented boats. They did not keep the place clean. That's what we are afraid of here, too. Also, if 'someone has a houseboat with a toilet, that concerns us. THE CHAIRMAN: -Anything that they do will be subject to the Board of Health, not to us. MRS. McBURNEY: There is an odor all around my boat. MR. RALPH CROAKHILL: I am the second house in. We have had the water tested. There is no pollution. Our children swim there. I own the houseboat up there, I have a holding system. I have one friend and he has a holding system. This has been going on for ten years. There is an algae that's formed by nature and is not polluting. MR. HELMER KENT, Cleaves Point Property Owners Assoc.: We are primarily concerned with ecology. It will be up to D.E.C. to give final approval on this. There is no way of putting in a sanitary system. Unfortunately, an ordinance on holding tanks is no longer in force, it's been eliminated. If you get a half dozen boats there without holding tanks, it will create a pollution problem. MR. BOB HAMILTON, Baymen's Association: I am President of the Baymen's Association. Our Association is opposed to any mooring or any more houseboats in the area because right now Gull Pond is a good area for clams. We think people have a right to use their property but not to expand where they will create more pollution, and if someone is living on a boat they will pollute. Things get thrown overboard. MR. VICTOR OSTLING, Cleaves Point Property Owners Assoc.: I also live on Gull Pond. I have had most of my questions answered but may I look at the map? THE CHAIRMAN: Yes, you may. MR. OSTLING: I~ this four individual owners, or one owner? THE CHAIRMAN: A group owns it. MR. OSTLING: Is this property in the name of that group? THE CHAIRMAN: They want to make it four lots and sell it. the-present time it's not four lots. Southold Town Board of Appeals -25- February 27, 1975 MR. KOCH: If it were restricted to one livable boat, we would not object. MR. HONINGS: Would it be possible to put something into the approval, something to the effect that this land would be made to look presentable rather than to have a lot of trucks and cars parked there? THE CHAIRMAN: I think one of the things the Planning Board might do would be to have a driveway created, and the applicants might be able to do some landscaping. MR. STEVEN GERMANSKY: With one livable boat you might preclude a family from living together. I think two boats would be satisfactory so as not to preclude a family from living together. Less than two boats could break up a family. THE CHAIRMAN: Does your family live on more than one boat? MR. GERMANSKY: It's difficult to define. MR. KOCH: We all know that they have toilet facilities and sink facilities. MR. GERMANSKY: Many people have a sailing boat and a power boat. MRS. LORRAINE TERRY: Does D.E.C. review this after your decision? THE CHAIRMAN: It's automatic in order for them to use their property. We don't have any power over them or they over us. MR. ZIEGLER: They say they have final control but I wouldn't bet on it. MR. HARRY ARMSTRONG, Cleaves Point Property Owners Assoc.: Could they build a bulkhead? THE CHAIRMAN: It is their privilege. MR. OSTLING: The ground is so soft. could do it. I don't think they MR. KOCH: There could be a catwalk to a float. THE CHAIRMAN:' HOW theY get on and off is immaterial to · this hearing. Southold Town Board of Appeals -26- February 27, 1975 DR. M. RAUSCH: I live on one of the boats on the end. There is no pollution. Pollution is more important to us, to those of us who live on a boat, than to those who live in a house. We seem to have the means to limit to one boat per property, and I want to discuss these specific recommendations, but I don't believe pollution comes from boats. Twenty boats that have holding tanks do not cause pollution. I don't know if you can limit to holding tanks. However, we all have the same aims in common~ We can do it legally and morally. We can see that no boat pollutes our Gull Pond. That would do more than stopping more land from being used. If that land is made pretty, that would not detract; and if boats are there that don't pollute, we will all have gained our aims. MR. KOCH: How could you control it? THE CHAIRMAN: I think Dr. Rausch has a wonderful idea but this is not the time to discuss it. MR. KOCH: If they don't have bulkheads, how would they get their boats there? MR. STEVEN GERMANSKY: There is a question of navigable waters. That is a dead-end thing. The largest boat I know of is a 42 foot boat. That can turn around in a space of 45 feet. MR. SCOTT McBURNEY: I have been there for seven years. We would not complain if they conformed to the residential nature of their property but we would not want to see a lot of storage buildings put in there. It would deteriorate our property. If we have too many boats it would obstruct ingress and egress. MR. A. TYRRELL: I belong to the Southold Town Baymen's Association~ I want to support my President. We passed a unanimous vote against anything that would interfere with life. We are concerned with the natural biological growth. THE CHAIRMAN: These people can use their property and these are accessory uses by right. MR. TYRRELL: From a Bayman's viewpoint you are taking a living away. This is a livelihood. My position is that I must support my President. $outhold Town Board of Appeals -27- February 27, 1975 MR. BOB HAMILTON: We try to make sure that the Town creeks don't become all polluted. If you can find a satis- factory solution where these people could have their boats there and their sheds, and guarantee that they would not pollute the water, we would not object. But because they are human beings , they will pollute the water. MR. OSTLIN~: I would like to answer the Doctor. Visiting boats come from the outside and anchor overnight. It is almost impossible to prevent that. Whether they have holding tanks or not, I don't know. THE CHAIRMAN: Board. You might take that up with the Town MR. THEODORE VAN HYNING: I do believe that all people are entitled to the use of their land and that includ~s present owners who have put in considerable money to purchas~ in a residential area. I do think some thought should be given to this. ,I think that the people who are already established here have some rights also. This is a situation that would detract from a residential are~, especially when the lots are not subdivided lots, as I understand it. MR. HUDSON: The folks who are making application have other lots where they intend to build homes of their own. We did no't realize they would have this problem. THE CHAIRMAN: The true owners have other livable property in this area? MR. HONINGS: It's on our canal directly opposite McBurney's. MR. HUDSON: So, they are interested in the character of the neighborhood as well as you folks. MR. KOCH: You could not have a boat with a 12 foot beam anchored there. They could moor another two boats on that side too. MR. RAY KLEMPNER: I have recently built on Gull ~ond. Are those lots in conjunction with Cleaves Point Association? Cleaves Point Association has inland lots. When the house sells .... THE CHAIRMAN: This is a jointly owned piece of property. MR. KLEMPNER: Is this the same thing? Is this used in conjunction and thought of as in conjunction? I thought from the discussion that these people are vitally interDsted because they do have residential property in the area. It is not adjacent but like Cleaves Point is a tie-in so it can:be sold separately later on. Southold Town Board of Appeals -28- February 27, 1975 MR. HONINGS: The purpose of making this is so it can be used by other people. They can sell it to anyone they want. MR. ZIEGLER: I would take the word "dock" out and say -"mooring in front of and adjacent to property" if the Board deems it fair and just particularly in view of the Town's own interest. They own the land under the water. MR. HUDSON: When I spoke to one of the previous owners he mentioned that they retain the right. MR. ZIEGLER: I am not talking about the canal. I am talking about Gull Pond; Gull Pond is owned by the Town of Southold. I certainly don't think you would want to go beyond two boats. Property is frequently sold, and rapidly, so while these people may be good neighbors, we don't know about future owners'. I don't want to give the impression that I don't agree that they have their right to use this property but because of other factors I would hope that the Board would put restrictions on it. If the restrictions are fair and equitable, we are not going to complain. MR. STEVEN GERMANSKY: The Army Corps of Engineers will not allow a channel to be blocked. Therefore, I don't think the change of words matters. THE CHAIRMAN: I think we will have to follow Mr. Ziegler's suggestion. I believe everyone has had the opportunity to be heard "for and against" this application. The Board of Appeals designated, for purposes of clarifi- cation, that the southerly lot (Appeal No. 1954) shall be known as LOT "A"; the south center lot (Appeal No. 2005) shall be known ~s LOT ~"B"; the north center lot (Appeal No. 2006) shall be known as LOT "C"; the northerly lot (Appeal No. 2007) shall be known as LOT "--~; all as shown on Van Tuyl survey dated January 15, I~. LOT A - After investigation and inspection the Board finds ~ a-~applicant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of Lot "A" as shown on Van Tuyl's survey of January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivisi6n; and that the Board of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case~ is accessory use to the ordinary residential use. Southold Town Board of Appeals -29- February 27, 1975 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. Doyen, seconded by Mr. Hulse, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "A" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use a special exception shall be applied for from the Board of Appeals. 3. Site plan approval shall be obtained from the Planning Board. 4. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. Se That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2005 - 9:55 P.M. (E.D.S.T.) upon application of Reginald ~udson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B 9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York,(south center lot), bounded North: N 66° 01' 20" E 170' ~; East 140' + west side Canal; South: S 66° 01' 20" West 165' + West: N 68~ 19' 00" W 140' ~ along east side Gull Pond Lane.- Fee paid $15.00. Southold Town Board of Appeals -30- February 27, 1975 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. (Ail testimony taken in the previous hearing concerning LOT "A" (Appeal No. 1954) also applies to this hearing concerning LOT "B" (Appeal No. 2005). LOT B - After investigation and inspection the Board finds that app--~f~cant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of Lot "B" as shown on Van Tuyl's survey of January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision; and that the Board of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, is~:accessory use to the ordinary residential use. 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. Gillispie, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "B" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use, a special exception shall be applied for from the Board of Appeals. Southold Town Board of Appeals -31- February 27, 1975 Site plan approval shall be obtained from the Planning Board. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING~: .Appeal No. 2006 - 10:05 P.M. (E.D.S.T.) upon application of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York, (north center lot), bounded on the North: N 66° 01' 20" E 170' +; East 140' ~ along W/S Canal; S. 66° 01' 20" W. 170' ~; West N 68" 19' 00" W. 91.24' and N 61° 29' i0W 48.76' along east side Gull Pond Lane. Fee paid $15.00. '' 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, and notice to the applicant. (Ail testimony taken in the previous hearings concerning ~LOT "A" (Appeal No. 1954) and LOT "B" (Appeal No. 2005) also applies to this hearing concerning LOT "C" (Appeal No. 2006). LOT C - After investigation and inspection the Board finds that app~cant requests permission to use lot for mooring dock and storage b~ilding with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of LOT "C" as shown on Van Tuyl's survey dated January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision; and that the Board of Health and Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, is accessory use to the ordinary residential use. $outhold Town Board of Appeals -32- February 27, 1975 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. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "C" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use a special exception shall be applied for from the Board of Appeals. 3. -Site plan approval shall be obtained from the Planning Board. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. That this approval shall be subject obtaining proper documents from the Environmental Control Commissions. to applicant State and County Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2007 - 10:15 P.M. ~E.D.S.T.) upon application of Reginald Hudson a/c Claire ~Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York (northerly lot), bounded North: Lot 11, Map of Fordham Acre~-N. '66~01'~20"'-E~ 165" +; East: 140' + on west side .... Canal; South: 66° 01' 20" W. ~70' + ; West ~1° 29' 10" W 140' ~ on East side Gull Pond Lane. Fee paid $15.00. Southold Town Board of Appeals -33- February 27, 1975 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, .and notice to the applicant. (Ail testimony taken in the previous hearings concerning LOT "A" (Appeal No. 1954), LOT "B" (Appeal No. 2005); LOT "C" (Appeal No. 2006) also applies to this hearing concerning LOT "D" (Appeal No. 2007). LOT D - After investigation and inspection the Board finds that app-~-~-fcant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of LOT "D" as shown on Van Tuyl's survey dated January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision, and that the Board of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, is accessory use to the ordinary residential use. 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,Doyen, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "D" as applied for in accordance with applicant's metes and boundes as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. 2. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory ~-. ........~ ........ use, a special exception shall be applied for from..~he Board of Appeals. . - Southold Town Board of Appeals -34- February 27, 1975 3. Site plan approval shall be obtained from the Planning Board. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Grigonis, 036 ~LILL JTO'~ BLOODY I~ OT'D~ /SCALE'50; I" ~E1~c~, VAN TUYL,.P.C. ~e~-, ,~v'