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HomeMy WebLinkAboutZBA-09/07/1972 APPEAL BOARD MEMBER Robert W. Gillispi¢, Jr., Ch~kman Robert B~rg~n Charles Gri~o~H, Jr. Serge Doyen, Jr. Fred H~ls¢, Jr. MINUTE~ ~OUTHOLD TOWN BOARD OF APPEAI~ ~eptember 7, 1972 A regular meeting of the ~outhold Town Board of Appeals was held at 7:30 P.M. (E.~.T.), Thursday, ~eptember 7, 1972, at the Town Office, Main Road, ~outhold, New York. There were present: Messrs: Robert W. Gi!lispie, Jr., Chairman; Robe~% Bergen, Charles Grigonis, Jr.; Fred Hulse, Jr. Also present: M~. Howard Terry, Building Inspector. Absent: M~. ~erge Doyen, Jr. PUBLIC H~ ING: ~ppeal No. 1652 - 7:30 P.M. (E.~.T.), upon application of George ~hlers Builder, Inc., 250 Cox Lane, Cmtchogue, New York, on account of Rev. J. Ag~ia, £o~ a variance in accordance with the Zoning O~dinance, Article iii, Section 301 and 303, for permission to build an addition to existing structure with less than required setback. Location of property: west side of Wells Road, Peconic, New York, bounded north by ~imon; east by Wells Road; s~uth by Elms; west by Skwara. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. T~E CN~1~RF~N: Is there anyone present who wishes to speak for this application? ~. GEORGE AHLER~: I would like to speak in favor of this application. I am the builder. To enlarge a little on the reasons set ~orth in the application, the buildings adjacent to this property on e~ther side are a considerable distance a~ay, and we Wo~ld be within the Town 0rdimanee as far as setback ~s concerned, i think it would e~_hanoe the neighborhood as the house would be more in line with the size of the other homes in the neighborhood. Southold Town Boa~d of Appeals -2- ~ptember 7, 1972 THE CHAIRMAN: ~at is the square footage of the house now? MR. AHLER~: I would say about 20-22~ x 30~. T~ GHAIRM~N: it is undersized now. MR. ~HLER~: ~e would add 6' x 12' to enlarge the living room. THE CHAIRMAN: I did not notice any house within 300 feet to the north. The only Other house is to the south. ~/. ~A~/LERS: There would not be any noticeable projection beyond any established line. THE CHA_IRF~N: The old Ordinance calls for a 35 foot setback; the new O~dlnance calls for a 50 foot setback in a one acre dove Iopment. MR. AHLER~: This is about one half acre, MR. HOWARD TERRY, Building Inspector: It's less than a 20,000 sq. ft. lot. MR.. &HLER~: We have an existing 41 feet setback now. T~ CHAiRM~.~N: Is there anyone else present who wishes to speak for this application? (There was no response.) TEE CHAIRM~: Would you explain why it is not feasible to add on to the rear of the house. MR. AHLERS: They need more living space in the living room. The kitchen and bedrooms are in the rear. They den~t wish to go into major alterations. THE OHAIRM~N: Is there anyone present ~no wishes to speak against this application? {There was no response.) After investigation and inspection the Boa~d finds that applicant requests permission to build an addition to existing structure with less than requi~ed setback on premises located on the west side of Wells Road, Peconic, ~New York. The f. indin.gs of the Beard are that applicant has an under-sized dwe!l~ng which he proposes to enlarge, and that the only Feasible area to enlarge it is towards the ~oad. There is no adjacent structure within 300 feet to the north. The adjacent house to the south and Reverand Agrta~s house both pre,existed the present Zoning Ordinance and the former Zenir~ Ordinance. The Boa~d agrees with the reason- ing of the applicant. ~outhold Town Board of Appeals -3- September 7, 1972 The Board finds that strict application of the Ordinance w~!d produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all proper- ties 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 N~. Gi!lispie, seconded by Ih,. Bergen, it was RE~0LVED George Ahlers Builder, Inc., 250 Cox Lane, Cutchogue, New York, on account of Reverand J. Agria, be GRANTED permission to build an addition to existing st~cture with less than required setback on premises located on the west side of Wells Road, Peconic, New York, as applied for, subject to condition that: No pa~t of the house be closer to the road than 35 feet. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hu!se. PUBLIC HEARING: Appeal No. 1653 - 7:45 P.M. (EoS.T.), upon application of William Worhle, 426 Mt. Misery Road, Melville, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to build addition to existing structure with insufficient side yard. Location of property: south side of Lake Drive, Southold, New York, bounded north by Lake D~ive; ca.st by Orr; south by Great Pond; west by V. Oeechini. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hea_~ing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE Ct~AIRMAN: Is there anyone present who wishes to speak for this application? MR. WILLraM WORHLE: I am I 3/~ feet short on sidelines. I have 12 feet on one side and ll.13 feet on the other side. i have 81.15 feet in width and a depth of about 250 feet. (Mr. Worhle discussed sketch and survey with the Board). · HE CHA1RM~.N: Are there a~v questions? MRS. ~HIRLE~ BAC~RACH, Lea~ae of Women Voters: Is that lot on Great Pond? Does it require any excavation of the pond? MR. WORHIE: TD~ loss runs up and down. No excavation is reqaired. THE CHAIRI, I~N: There is no disturbance of wetlands. ~outhold Town Board of Appeals -4- ~eptember 7, 1972 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to build addition to existim~g structure with insufficient sideyard on premises located on the south side of Lake Drive, Southold, New York. The findings of the Board are that this is an undersized lot with respect to width, and that it would be an unusual hardship to require strict adherence to the side yard requirement. The Board agrees with the reasoning of the applicant. The Beard finds that strict application 'of the Ordinance would produce practical difficulties or unnecessary hardshipJ the hardship created is unique and would not be shared by all properties alike in the immediate vicihity 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 ~. Hulse, it was RESOLVED William Worhle, 426 Mt. Misery Road, Melville, New York, be GRANTED permission to build addition to existing structure with insufficient sideyard on premises located on the south side of Lake Drive, ~outhold, New York, as applied for. Vote of the Board: Ayes:- ~essrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1654 - 8:00 P.M. (E.S.T.), ~pon applicatien of Jean Ellen Dean, 8~00 Main Road, East Marion, New Tork, as admlnistratrix of the Estate of Elmina Bro;en, deceased, f~ a va~tamce in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide' property with less than ~equired area and frontage. Location of property: west side of Bay Avenue, East Marion, New York, bounded north by Karas; east by Bay Avenue; south by Rose aud others; west by Radford and others. Fee paid $15.00. The Chairman opened the hearingby reading the application for a variance, legal notice of hearing, a~$idavi~attesting to its publication in the ~ficial newspapers, and notice to the applicant. THE CHAIRN~N: Is there anyone present who wishes to speak for this application? ~outhold Town Board of appeals -5- September 7, 1972 GEORGE STANR~ICH, E~Q.: i wo~ld like to speak in favor of the granting of this application. I am an attorney with a law office in Southold. The application shows the unique size and shape of this property. If you look at the tax map you will find similar parcels of land that are divided into m~ch smaller parcels. The proposed application would not be out of character with the surroundiDg neighborhood. The tax map, Exhibit D, shows the unusual nature of this property. I have marked that in orange. (Mr. ~tankevich discussed the Exhibits with the Board). Looking at the map, and the surrounding neighborhood, it is useless as it stands. It ts an unusually shaped piece of land. The house is on the northeast portion of the lot and is presently under contract to be sold to Dzeukowski. At the time the estate attempted to sell this property, they tried to sell as a single parcel but people were not willing to pay a substantially bigger price as opposed to buying the house alone. The esSate consulted Dr. Rose and he indicated he had no interest in either the subdivision of this land or purchase. The estate made inquiries and one of the neighbors indicated ~? would bqy that portion on the west end. Mr. Dean would buy th~s piece (indicating survey) so it would not be landlocked. N~. Dean has a swimming pool that would back up on it. This has been spoken for but no contract has been signed. THE CHA~.I~d~.N: What is the size of this piece? N~. ~ANKEVICH: That is shown on Exhibit B of the survey. THE CF~.IRi~AN: The landlocked piece is approximately 37,750 sq. ft. MR. ~T&NEEVICH: it comes close to the requirements. In law it's not landlocked but in fact, to make utilization of the land, it is landlocked. The land owner would suffer terrific substantial hardship if he had to sell the right of way and destroy one of the lots. THE CH~IR¥~N: You are sure there is a p~chaser? MR. ~T&~KEViCH: Yes. M~. Dean would.add it to his existing property. THE CHA~IRM~N: Is there anyone present who wishes to speak against this application? MR. GEORGE ~MITH: I wish to speak for m~self and for the people who own land next to us, Philip .Koch. We have heard so many ~u~ours. We have both signed covenants that are Just like saying "we can't do anything". (~s. George ~mith indicated to the Board the location of their property and the Kochts property). ~. SMITH: We were told there would not be any dividing or p iggy-bac king. Southold Town Board of Appeals -6- ~eptember 7, 1972 THE CHAIRMAN: Tour real estate agent could not speak for others. MR. STANEEVICH: I think that this shows that in terms of equity the parcels would be la~ger, certainly not smaller, than ao~ others on Bay Avenue. It's been offered to people on both sides and they dontt want to buy. Selling as a parcel w~uld bring $2,000 or $3,000 more. I think the case is one for an area variance. I don't think anyone would be hurt and it would help m~ client. THE CHAIRM~N: The rule that guides us is the size of surrounding properties. I believe you have suggested an equitable division of property. A~e there any other questions? DR. ARM~ND M. RO~E: Z am not quite clear on this. Is it to divide this entire parcel into three pieces? THE CHAIRMAN: The land directly to your north, 75t x 150~, conforms and is larger than many in the area. The problem as far as the area is concerned is what will become of the piece that is landlocked behind it. It apparently wi~t~ go to Mr. Dean. I, personally, am i~lined to act favorably. PerP~ps we should have some formal evidence indicating that ~wi~. Dean is going to purchase itc ~f F~. Dean decides not to purchase it, it would be a landlocked piece. If he should change his mind, we would be in the position oF having created this situation and it would further embarrass the estate. I~R. STA~NKEVICH: I can get you a letter from F~. Dean. DR. ROSE: It is true that FLy. D~an offered this property to me not long after the death ef N~s. Brown. I said I was not interested iu buying it at that time. Subsequently, in discussing it with ~i~. Dzenkowski, t stated that we could buy it together and that this would protect both of us. We made inquiries of Mr. Dean and he said the property had been sold (the vacant lot). A friend of mine from Orient had the same answer. I thought perhaps a contract had been signed. THE CHAIR}L~N: I don't know if this is relevant to our decision. MR. BT~ANKEVICH: At the time I made this application for a variance, we had in our possession a contract for sale on the northerly lot. I have been told by the atto_~ney handling the estate that the westerly portion will either be sold or trans- ferred to Mr. Dean as an estate settlement. There is a relation- ship there. I was told, verbally, that someone is interested in buying the vacant parcel. I am sure you can talk to ~. Dean. MRS. ROBE: He said someone had put money down; someone other than Mr. Dzer.~kowski. E~tho!d Town Board of Appeals -7- ~ptember 7, 1972 THE CHAIRM~N: This division leaves a piece which can be sold. The only question remaining is whether or not Me. Dean could obtain permission to construct a house here. MRS. ~MITH: They call that "piggy-backing". THE CH&IR~iN: This property, certainly, has rights and if M~. Dean Furnishes access, there could not be more th~n one house ~ilt on it. It's approximately 38,000 sq. ft. The new minimum plot size is 40,000 sq. ft. DR. ROSE: Zf, subsequently, he should propose to build on the landlocked piece without access, would this come up before the Board? TM~ CH&i~MAN: The Building Inspector would deny it because it is a little under, the minimum size and it does not have access. Presumably, he is supposed to give access over his property to this property. In an area like this, to a~bitrarily set 40,000 sq. Ft. would deprive him of the ~se of his property. MR. STANEEVICH: He would have to come in for a variance. THE OH~IR2&AN: I see a shed indicated on the survey and wo~ld like to know its purpose. ~. ETANEP~YICH: It's an existing tool shed. THE CH~IRF~N: One condition of granting wo~Id be that this tool shed be removed and located at least three feet from the property line. FA~. RO~E: The landlocked area can't get ~t except by the swimming pool. Obviously, I would think they would come o~t on the avenue. If they have the whole thing they can do anything they want to do. MR. ~T&~E~EV!CH: They won't have the whole property. The landlocked piece becomes ~v. Dean's. ~. Dzenkowski would not own the back piece. ~S. ~HIRLET BACBEACH, League of Women Voters: Does that require the Health Department to grant a water permit? THE CH~IEi~;: The Health Department is concerned with anyone who digs a well. If they built a house they would have to get permission as to where to put wells and cesspools. ~outhold Town Board of Appeals -8- September 7, 1972 ~. BACPP~ACH: i mean Drier to subdivision. T~ C~IRM~.N: No. THE. CHAIRMAN: Does anyone else wish to speak for or against this application? (There was no response.) After investigation and inspection the Bosmd finds that applicant requests permission to divide property with less than required area and Frontage on premises located on the west side of Bay Avenue, East Ma~ion, New York. The Board agrees with the reasoning presented in the application concerninE the Estate of Elmina Brown. The findings of the Board are that this is an equitable division of property particulamly as it applies to Bay Avenue. Tb~ lots to be created would be equal in size to or la~ger than other lots on Bay Avenue. The division will be in three paints. Other findings of the Boa_vd are that the Board does not wish to create a parcel of land of approximately 38,000 sq. ft. which does not b~ve access to a public highway. The Bosmd finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship c~eated is unique and would not be shamed 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 w.tll observe the spirit of the Ordinance. On motion by N~. Giilispie, seconded by Mm. Hu!se, it was RESOLVED Jean Ellen Dean, 8400 Main Road, East t~rion, New York, as administratrix of the Estate of Elmina Brown, deceased, be GRANTED permission to divide property with less than required area and Frontage on premises located on the west side of Bay &venue, East Marion, New York, as applied for, subject to the following conditions: That M~. Raymond C. Dean present to the Board of Appeals a copy of the agreement between ~. Dean and the ~state of Elmina B~o~rn concerning landlocked piece of land prior to this decision becoming Final. That the tool shed on t~ southeast corner of the lar~locked parcel be removed and located at least three feet from the property line. Vote of the Board: Ayes:- Messrs: Gi!iispie, Bergen, Grigonis, Hulse. Bouthold Town Board of Appeals -9- ~eptembe~ ?, 1972 PUBLIC HE~RING: Appeal No. 16%5 - 8:15 P.M. (E.S.T.), upon application of Eugene McElrOy, Topsail Lane, ~outhold, New York, for a variance in accordance with the Zoning 0rdinauce, Article III, Section 300A, 2c, for permission to keep a horse on property with less th~n required area. Location of property: south side of Soundview Avenue, Southold, New York, bounded north by S~ndview Avenue; east by PL~hn; south by Dow; west by Dow. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearim~, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CH~!RF~N: The survey by Van TUYl dated January 10, 1972 indicates that the area of the property is 39,500 sq. ft. It is an irregu~vly shaped parcel. TR1E C~IRM~: Is there anyone present who wishes to speak for this appl~cation~ (There was no response.) MR. HOW~ARD TERRY, Building Inspector: This is a single and separate lot which has existed for quite a few years. No applica- tion for buil~no has been filed THE CH~IRi~N: Is there anyone present who wishes to speak against this application? (There was no response.) On motion by Mr. Gillispie, seconded by Fro. Hulse, it was RE~OLVED that the ~outhold Towm Board of Appeals postpone decision on Appeal No. 16%%, Eugene Mc~lroy, Topsail Lane~ ~o~thold, New York, pending further investigation. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. P~JBLIC ~ING: Appeal No. 1656 - 8:30 P.M. (E.S.T.), upon application of Mildred Laubengeiger, Old M~ln Road, Mattituck, New York, for a special exception in accordance with the Zouir~ Ordinance, Article III, Section 300, SubSection B-14, for permission to hold a yard s. ale on ~eptember 9, 1972~ rain date ~eptember 16, 1972. Location of property: south side of 01d Main Road, MattitUck, New York, bounded north by Old Main Road; east yy ~M. Husing; south by K. Tuth~ll~ west by M. Tekien. _Wee paid oo. Eouthold Town Board of Appeals -10- ~eptember 7, 1972 The Chairman opened the hearing by reading the application fo~ a special exception, legal notice of hearing, affidavit attesting to its publication in the official new~papers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CH~.~MAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to hold a yard sale on S~eptember 9, 1972; rain date ~eptember 16, 1972, on premises located on the so~th side of Old Main Road, Nattit~ck, New York. The Board finds that the public convenience and welfare and Justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by ~. Bergen, seconded by M~. Hulse, it was R~OLVED Mildred Laubengeiger, Old Main Road, Mattituck, New York, be GRANTED ~rmission to hold a yard sale on Eeptember 9, 1972; rain date ~eptember 16, 1972, on premises located on the south side of Old Main Road, Mattituck, New York, as applied for, subject to conditions of Resolution of the Southold Town Board of Appeals dated June 1%, 1972, as follows: e Permission is for a one day yard sale to be held on a speelfic date, with a specific rain date. Permission is for the sale of household and personal property of the owher and his family' and may not include property of others unless it is for a charitable purpose. Vote of the Board: Hulse. Applicant must provide someone to supervise pemking at the yard sale to prevent blocking neighbors! driveways. ~yes:- Messrs: Gillispie, Bergen, Grigonis, Southold Town Board of Appeals -11- ~eptember 7, 1972 REHF~ING: 8:45 P.M. (E.~.T.), on application for Special Exception #1217 by Clifford and Edwina Tyler to operate a travel trailer park or camp at North Side School Street, Cutchogue, New York. Premises bounded north by Leisure Greens, Inc.; east by Eurczewski and others; south by School gtreet; west by Town of ~outhold and others. (The Chairman read the Action of the Board on the original appeal dated December 5, 1968. The appeal was granted for a period of two years.) THE CHAIRF~N: Is there anyone present who wishes to speak for this application? ~R. CLIPFORD TYLER: i don't know whether you have had any complaints against m~ park so ! am back to get a renewal. THE CH~IP~L~N: We looked at your pa~k today, and found it looked very good. MR. T~IER: Why do t have to ask for another renewal? THY CHAIRMAN: We have an obligation to keep track of conditions at the park but Itm not sure that we do have to ask for a renewal. MR. HOWARD TERRY, Building Inspector: The court only ordered one review. THE C~IRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Bosmd finds that applicant requests permission to operate a travel trailer park or ca~p at NO~th Side School Etreet,Cutchogue, Ne~ York. The findings of the Board are that applicant has maintained a well- run trailer camp area as set forth in his original application, and there have been no complaints. The Board also finds that the Town Board orthe Board of Appeals can rescind permission to operate For cause. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and Justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts Will not be permanently o~ substantially injured and the spirit of the Ordinance will be observed. Bouthold T~n Board of Appeals -12- September 7, 1972 On motion by F~. Gitlispie, seconded by Mr. Grigonis, it was RE~OL~ZED Clifford and Edwina Tyler, North ~ide School Street, Cutchogue, New York, be GRANT~Dpermlssion to operate a travel trailer pa~k or camp at North Eide School ~treet, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonls, Hulse. 9:00 P.M. - !nform~l conference with Irving L. Price, Esq. re. conditions of Action of the Board on Appeal No. 1623, Alan Cotgreave, Huckleberry Hill, East Marion, New York. MR. PRICE: I represent Pzm. Tony ~carmetto. He has contracted to purchase subject to clarification or change in conditions under which the variance was granted. ~. and Mrs. Bcarmetto came out from the city to buy property and were shown thisproperty by a real estate broker and fell in love with the view. When they consulted me as to the conditions of the variance it became apparent that under the present conditions, unless their plans were approved, it was not suitable. That was the reason for m~ letter asking for a conference. They would like to use the large house, which has approximately 1200 sq. ft., as their year round residence. THE CHAIRMAN: Do they propose to buy the whole thing? MR. PRICE: The total area the ~ew purchaser will buy is approximately 3/4 acre. They would like to use the large house as a year round residence. As to the two small cottages whose use is restricted to eight months of the year, they would li~e~ to be able to improve those and use them as guest houses for the other four months of the year. THE CH~IRM~N: Our purpose in restricting was because of the increased density which would occur if these structures were changed into year round residences. We have constant problems with summer cottages being turned into year round residences. The purpose was to prevent these two cottages from becoming year round residences which would, in effect, be three residences on one ac~e. MR. ANTHONY ~CARMETTO: We like this property. The title has no restrictions. We are basically only looking for a residence of our own. We don't particularly want to rent these two s~mmer cottages to anyone. If they are empty in the summer we might rent them but if m~ mother wanted to come out we would like to have a place for her to stay without having to pay. anything. I am not looking for year round rental. I really don~t want to rent these at all. I would like to have them as guest houses so I could invite family out for Christmas. If I wanted to open one of the cottages up, I don't think that would be a big problem. ~o~thold Town Board of Appeals -13- ~eptember 7, 1972 THE CH&IRN~N: I think it would serve the area for you to utilize the large house and continue these cottages as summer rentals for eight months of the yea~. If you talk about using these cottages for a holiday, the next step might be year round. MR. ~CARMETTO: I am not interested in using them as a business. I would just like to use them a few days at a time for gaests. THE CHAIRMAN: ~r Job is to protect the character of the neighborhood. We would not want to intensify the use of the small cottages. MR. ~C~A~METT0: I am only ta~ing about a couple of days~ use of the cottages once in a while. THE CH~IR~L~N: ~nate. ver is done here applies to the next person who might own it ~f you should sell it. Zoning relates to the use of the land. MR. PRICE: Could he use the cottages as accessory use during those four months, accessory to the main year round house.~ We would be satisfied if they could use the cottages occasionally for guests on a non-rental basis during the other four months of the year. TEE CPL~IRMAN: No doubt the cottages would be vacant in the ~pring. We could modify the restrictions to permit one week of use per month for the ether four months. Our position would be, whether you rent them or call them accessory use, the two small cottages may not be used more than one week in the other four months of the year. You can make out an application to modify the previous appeal. N~. William M. Rapp, Factory Avenue, Mattituck, New York, discussed with the Board the Action of the ~outhold Town Board of Appeals dated June 15, 1972, Appeal No. 1551, re. signs on premises (two signs on one pol~). Afte~ investigation and inspection the Beard finds that for reasons of safety the conditions set forthin the Action of the Boa~d of Appeals dated June 15, 1972, Appeal No. 1551, shall be modified so that the l~er edge of the sign shall be at least eight feet above the ground to permit cars to d~ive under the sign; the upper edge shall be 19.6 feet above the g~ound; and the sign shall be located 5 feet from any property line. The Board finds that the over-ail surface of the signs does not exceed 81 sq. ft. Southold Town Board of Appeals ~eptember 7, 1972 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gi!lispie, seconded by Mr. Hulse, it was RESOLVED that the ~oUthold Town Bo~d of ~ppeals amend Action dated June 15' 1972, Appeal No. 1551, William M. Rapp, Factory Avenue, Mattltuck, New York, to read as follows: lo L~er edge of sign shall be at least 8 feet above the 2. Upper edge of sign shall be 19.6 feet above the ground. 3. Sign shall be located at least 5 feet from any prope~y line. The over-all surface of signs shall not exceed 81 sq. ft. Vote of the Board: ~yes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Decision of the Board on Appeal No. 1641, upon application of Thomas Samnels, Fishermants Beach Road, Cutchogue, New York, for a variance in accordance with th~ Zoning Ordinance, Article III, Section 300, ~ubsection C-2 and Section 302, for permission to construct an accessory building in the front yard area. Location of property: Lot ~3, Map ~86, Peconio Bay P~operties, Inc., south side Private Road and northwest side Nassau Point, Cutchogue, New York. (A public hea~ing was held on August 24, 1972). After investigation and ibspection the Boa~d finds that applicant requests permission to construct an accessory building in the front yard area of Lot #3, ~lap #786, Pecenie Bay Properties, Inc., Cutchogue, New York. Decision on the public hearing held on August 24, 1972 was postponed until applicant furnished a survey. The Boa~d finds that applicant has furnished a survey and after inspection of the survey agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the h~vdship created is unique and would not be shared by al! properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the chs~acter of the neighborhood, and will observe the spirit of the 0~dinance. ~outhold To~n Boa~.~d of Appeals Eeptember 7, 1972 On motion by M~. Gillispie, seconded by F~. Hulse, it was RESOLVED Tho~s Samuels, Fishermans Beach Road, Cutchogme, New York, be GR~NTED permission, as applied for, to construct an accessory building in the front yard area of Lo~ #3, F~p #786, Peconic Bay P~operties, Inc., south side Private Road and north- west side Nassau Point, Cutchogue, New York. Vote of the Board: ~yes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by ¥2. Gil!ispie, seconded by M~. Bergen, it was RE~0LVE1~ that the Southold Towu~ Boated o£ Appeals set Tuesday, September 12, 1972, at l:00 P.N. (E. SoT.) for a Special Meeting to be held at the Town Office, ¥~in Road, Southold, New York. Vote of the Board: ~ves:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was R~OLVED that the next regular meeting of the ~outhold Town Board of Appeals will be held at 7:30 P.M., T~hursday, September 28, 1972, at the Town Office, Matu Road, So~thold, New Tork. Vote o£ the Board: Ayes:- Messrs: Giiiispie, Bergen, Grigonis, Hulse. On motion by ~i~. Gillispie, seconded by ~. Hulse, it was RESOLVED that the minutes of the Southold Town Boa_~d of Appeals dated August 24, 1972, be approved as submitted, subject to minor Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. 0n motion by Mr. Gi!lispie, seconded by M~. Bergen, it was RESOLVED that the minutes of the Southold Town Board o£ Appeals dated August 31, 1972, be approved as submitted, subject to minor correction. Vote ~f£the Board: ~yes:- Messrs: Gil!ispie, Bergen, Grigonis, Hulse. ~o~tho!d Town Board of Appeals -16- ~eptember 7, 1972 On motion by Mm. Bergenj seconded by N~. Gillispie, it was RE~OL~ that the $outho!d Town Board of Appeals set 7:30 P.M. (EoE.T.), Thursday, ~eptember 28, 1972, at the Town Office, Main Road, ~outho!d, New York, as the time and place of hearing upon application of George and Rose &nderer, 306% Middle Ro.ad (CR27), Mattltuck, New York, for a variance in accordance w~th ~rticle II!, ~ection301 of the Zoning Ordinance, for permission to set off a lot with less than required area. Location of property: N/S Middle Road, Mattituc~ New Tork, bounded un, th by G. Bradley; east by J. Haas; south by Middle Road; west by J. ~chlierhols. Vote of the Hulse o ~A~es:- Messr~s~ Gi!lispie, Bergen, Grzgo~s, On motion by Fa. Gillispie, seconded by Fmc Hutse, it Wa.S RESOLVED that the ~outho~d Town Board of Anneals set '~':'4'~ P.M. (E.~.T.), Thursday, Beptember 28, .1972~ at the Town Office, Main Road, .~outhold, New York, as the time ahd place of hearing upon application of &lbert BOdenstein, Indian Neck Lane~, Peconic, New York, for a variance in aocord~nc~ wi~h &rticle !II, Section 302 of the Zoning 0rdinancej for permission to erect an accessory building in front yard area. Location of property: N/~ Indian Neck Lane, Peconic, New Yor$, bounded north by Richmond Creek; east by Woloszk~ south by Indian Neck Lane (Rd); west by J. ~hipman. Vote of the Board: Hulse. .Aves:- Messrs: Gillispie, Bergen, Grigonis, On motion by Mr. Hulse, seconde~dby Nr~Grigonis, it was REb~OL~ tha~ the South01d To~~ Bosmd of Appeals set 8:00 ptemb at the N~in Road, ~Outhold, NeW York, as the. ~'i~ and place of hearing upon application of Frederick Bruce.,~_~.nDe~eta Road, Nassau. Point, Cutchogue, New York, for a variance in ~=oc~dance with Article III, ~ection 302 of the Zoning Ordinance for permission to erect an accessory ~ilding in front yard area. Location of property: %~/~ W~nnewetta Road, Lot 227, Map of Nassau Poin$ Properties, Cutchogue, New York. Vote of the Board: Ayes:- Messrs:~' Gillispie, Bergen,'G~igonis, Hu!se. Southold Town Board of Appeals -17- September 7, 1972 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the ~outhold Town Boa~d of Appeals set 8:15 P.M.~ (E.~.T.), Thursday, September 28, 1972, at the Town Office, Main Road, ~outhold, New York, as the time and place of hea~ing upon application of Marcelle Walsh and Another, Horton's Point, ~outhold, New York, for a special exception in accordance with Article III, ~ection 300, Subsection B-!4,.for permission to hold a yard sale on SePtember 30, ig?2;~in date October l, 1972 on premises located east and north side of Private Road (Hyatt Rd.) bounded north by R. Hyatt; east by R. Hyatt; south by Private Road; west by R. Hyatt, Hortonts Point, Squ.~01d., New York. Vote of the Boa~d: Hulse. ~A~ves:- Mes~r~s.: Givllispie, Bergen,~ Grig~nis, On motion by ~. Bergen, seconded bY ¥~v. Hulse, it was RESOLVED that the ~outhold TownBoard of Appeals set 8:20 P.M. (E.~.T.), ~'hursday, ~eptember 2~ 'i~972, at the T~n 0ff~ce, Main Road, ~Outhold, New York, as the time and place of hearing upon application of Nicholas ~awha, 9 Acorn Avenue, Farmingville, New York, for a variance in accordance with Article ~I!, Section 301 & 303 of the Zoning Ordinance for~pe~ission to reduce estab- lished setback. Location of property. ~/S~ Reeve Road and SOund View Avenue, Mattitnck, New York, Lot #6, Map of Sa!faire Estates. Vote of the Board: Hulse. Ajes:- Messrs: Gillispie, Bergen, Grigonls, On motion by i~. Gillispie, seconded by~ ~. Grtgonis, it was RESOLVED that the Southold Tow~Board Of Appeals set 8:3% P.M. (E.~.T.), Thursday, September 2~~, !~72, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of ~ny ~carmato,.~.~.~!West 46 S~treet, N~w~ York, N. Y., for a variance and modification of previous action of Board of Appeals in accordance with Article ~I, ~ection 301, of the Zoning 0r~inanee. Lo~ation of Property~ Private ROad (Huckelberry Hill Road~ off west side of Bay &venue, East Marioh~ New York, bounded north by Wenk & Baltz; east by F. Mandate; south by Ga~dtners Bay; west by F. LoBar. Vote of the Board: Ayes:- Msss~s~llispie, Bergen~.~r~igonis, Hulse. Southold Town Board of &ppeals -18- September 7, 1972 On motion by I~r. GrigoniS, seconded by F~. Gill!spic, it was RESOLVED that the Southold Town Board of Appeals set 8:50 P.M. (E.~.T.), Thursday, ~eptember 28, 1972, at the Town Office, Main Road, Southold, New York~ as the time and place of hearing upon application of Leslie Alger, 9% Vernon Street, Warren, R.I., for a variance in accordance with Article III, ~ection 301, and Article III, Section 1000A of the zoning~.~O~dinance, for permission. to set off lot with less than requir~d'~k. Location of property. Private Road of E/B Main Road, Mattituck, New York, bounded north by Bencher Estate; east by Private Road # 9; south by L. Lindsay; west by Kander and others. Vote of the Board: Ealse. Ayes:- F~s.s~:~G.~i~!lispie, Bergen, Grigonis, On motion~by M~. Gil!ispie, secoDded by N~. Bergen, it was RE~0LVED that the ~outhotd Town" ~01~rd/of Appeals set 9:10 ' PoM. (E.~.T.), Thursday, ~eptSmber 28, i~9?2, at the Town Off.ice, Main Road, ~outhold, New Tork~ as the time and place of hearing upon application of Beach combew Motel, Box 917, Depot Lane- Cutchogue, Ne'W'~Y0rk, for a sp~c~al ex~e'~ti~n to erect and m~i~in off premises directional sign!at corner of Depot Lane (Duck Pond Road) and Vista Place, Cutchogue, New Tork, on p~emises of Nicholas Aleano, Lot No. ll, Map of Vista Bluff. Vote of thee Boa~d: Ayes:-Mess?~:.~.~G~ltispie, Bergen, Grigonis, Hulse. On motion byN~. Bergen, seconde.~'b~ Fm. Grigonis, it was New York, for a variance in a~cordance ~ith Article VII, ~ection 701, and Article XI, ~ection ll01 9f the Zoning Ordinance for permission to reduce parking requirements in exis. ting business building a~d park- ing lot. Location of property: Main ~treet & Youngs Avenue, Bouthold, New York, bounded north by Main Road; east by G. Edson; south by Latson and others; west by Youngs ~. ........ Vote of the Board: Hulse. Ayes:- Messrs:~G~illispie, Bergen, Grigonis, ~outhold Town Board of Appeals -19- September 7, 1972 On motion by Mr. Hnlse, seconded by N~. Gillispie, it was RE~OLVED that the Southold Town Board of Appeals set 9:40 P.M. (E.S.T.), Thursday, ~eptember 28, 1972, at the Town Office, Main Road, $outhold, NeW York, as the time and place of hearing upon application of Cassio Re~ton, 9th ~treet, Greenport, New York, for a special exception in accordance with Article III, ~ection 300, ~bsection B-!4, for permission to hold a yard sale on October 7, 1972 at "Cherry Lane Farm". Location of property: W/S 9th ~treet~ Greenport, New Yo~k, bounded north by L.I.R.R.; east by 9th ~tree~; south by Peconic Bay; west by T. Jurzenia. Vote of the Board: Hulse. Ayes:-Messrs: Gi!lispie, Bergen, Grigonis, On motion by Mr. Grigonis, seconded by F~. Bergen, it was RE~0LVED that the ~outhold Town Board of &ppeals set 9:50 P.M. (E.~.T.), Thursday, ~eptember 28, 1972, at the Town 0f£1ce, Main Road, Bouthold, New York, as the time and place of hearing upon application of Estate of Ruth Case, Yardley, Pa. for a variance in accordance with ~rticle ~I, ~ection 301 of the Zo~zng Ordinance to sera. off lot With less than required frontage and area. Location of property: N/E New ~uffolk ~venue, Cutchogue, New York, bounded north by Case Road; east by Meadow Lane; south by New ~uffolk Avenue~ west by T. ghalvey and others. Vote of the Boa~d: Hu!se. Aye ~- Messrs: Gillispie, Bergen, Grigonis, On motion by Mr. Bergen, seconded ~ F~. Gillispie, it was RESOLVED tha~ the ~outho!d ToWn~Boa~ of ~ppea!s set 10:00 P.M. (E.~.T.), Thursday, Eeptembe~ ~8"i~7~ at 'the Town Office, M~in Road, Bouthold, New York, as the time and place of hearing upon application of Adrienne &~rio~!R._$~e ~maoley for ~_special exception in accordance with ~rticle I~I., ~ectton 300, ~bsection B~I~, for permission to hold a y~ sale on September~0, 1972; rain date 0ctobe~ l, 1972, on pre~zses of &urichio, N/~ North Road ~CR27) ~outho!d, New York. Location 0f p~oper~: ~/S No~th Romd, bounded north by D. Aurichlo; e~st by J. Levin$ southby North Road (CR27); west by D. T. &urichio. ~_ Vote o£ the Board: Hulse. Ayes:= Messrs: Gittispie, Bergen, Grigonis, Southold Town Board of Appeals -20- September 7, 1972 On motion by Ne. Gilllspie, seconded by N-~. Hulse, it was R~OLVED t~t the Eouthold Town Bo~wd oF &ppeals set 10:10 P.M. (~.S.T.), Thursday, ~eptember 28, 1972, at the Town Board, Main Road, $o~thold, New Yo~k, as the time and place of he,lng upon application oF Beach Comber Motel, (Pond Enterprises, Inc.), Box 917, ~pot Lane, Cutchogue, New York, for a special exception in accordance with Article VI, ~ection 600, Subsection C-a fo~ permission to e~eot ~second~ on pPe~S~S' 'S~gn (~ound sign). Location of p~ope~ty: E/E Depot Lane (Duck Pond Road), Cutcho~e, New To~k, bounded neath by L. I~ ~ound; east ~y M. NcOabe; south by McCabe; west by Depot Lane (Duck Pond Road~. Vote o~ the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. The Meeting was adjourned at 10:~0 P.M. Respectfully submitted, ~Jorf~~ McDermott, Secretary S~U'~H&~d Town Board o£ Appeals