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HomeMy WebLinkAboutZBA-08/24/1972Telephone SO 5 9660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Gregon[s, Jr. Serge Doyen, Jr. Fred Huls¢, Jr. TOWN BOARD GF APPEAL~ Amgust 24, 1972 A regula~ meeting of the ~outhold Town Board of Appeals was held at 7:30 P.M., T~.:~sda~, August 24, 1972, at the Town Office, Main Road, $outhold, New York. There ~ere present: Messrs: Robert W. Gillispie, Jr., Chairmam; Robert Bergen; Charles Grigonis, Jr.; Fred Hmlse, Jr. Absent: Nr. ~erge Doyen, Jr. Also present: Mm. Howard Terry, Building Inspector. Decision of the Boamd of &ppeals on Appeal No. 1632. A Public Heaming was held at 8:30 P.M. (E.S.T.), August 10, 1972, on applicatiom of Ruth $1~an Glmbernat, Westphalia Road, Nattlt~ck, New York, for a variance ~in accordance with the Zoning O~dinance, Article III, ~ection 301 and ~ec~ion 280A of the Town Law, for permission to divide property with insufficient frontage. Location of prope~y: north side of-Westphalia Avenue, Natti~uck, New Yc~k, bounded no~h by the Creek; east by Worthen; south by Roseanen; and west by Bubier. After i~vestigatlon and Inspection the Boa~d finds that appli- cant re,mesas permission to divide propertT with ins~ffieiem~ f~e ~ pre~ses located om t~ no~th s~e of ~es~p~lia A~e, ~i~uok, New Yo~k. this Is a ~e~b~ division of p~ope~ty which wi~ p~ide app~f~e~ 1.38 acres In each of the two p~oels~ ~o be c~eated ~ith access to these p~oe~ cve~ deso~ibed in Y~mg & Young su~ey da~ed Ju~ 25, 1972, ~72535. The Boa~d finds that strict application of the 0~dinance would produce practical difficulties or unnecessary hardship; the h~_~dship created is unique and would not be shared by all properties ~outhold Town Boaa'd of Appeals -2- August 24, 1972 alike im the immediate vicinity of this property and in the same use district; and the variance will not change the character of the nelghbevhood, and will observe the spirit of the 0rdinanee. On motion by N~. GiIlispte, seconded by N~. Bergen, it was RE~OLVED Ruth Sloan Gimbernat, Westphalia Road, Mattituck, New Ye~k, be GRANTED permission to divide property with insuffici- ent frontage em premises located on the no~th side of Westphalia Avenue, Eattituck, New Yo~k, as applied for, with access to these parcels over the present traveled road as described in Young and Young survey dated July 25, 1972, #7253%. This access is subject to the following conditions: 1. Access to be approved by the Building Inspector. Approval of this access is also subject to applicant having op obtaining legal access over the route herein approved. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. POBLtO HEARING: Appeal No. 1641- 7:~5 P,M. (E.~.T.), upon application of Thom~as Sarm~els, Fishal~mants Beach Road, Cu~che~e, New Yo~k, fe~ a v~iance in accordance with ~he Zoni~ ~dinanee, ~icle ~II, ~c~ion 300, ~bseetion C-2 a~ ~c~i~ 302, fo~ pe~mission ~o toast, ct an acoess~ bmildimg in the ~on~ ~ea..~ooa~on of p~ope~y: Lo~ ~3, ~P ~786, Peco~ie Bay ~ope~mes, Ano., souSh side ~i~te Road and northwest side Nass~ Poi~$, Omtohogue, New Yo~k. ~ee paid $15.00. The Chairman opened the heaving by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice tc the applioamt. TEE CEA~RNAN: Is there anyone present who wishes to speak fop this applicatiem? (~here was no response.) ~HEOHAIRMAN: Is there anyone present who wishes to speak against this application~ (There was no response.) Southold Town Board of Appeals -3- August 24, 1972 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RE~OLVED that the ~outhold Town Board of Appeals postpone decision on Appeal No. 1641, Thomas Samuels, Fisherman's Beach Road, Cutchogue, New York, until such time as applicant furnishes the Board with a survey of the property. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, N~._ lse. PUBLIC ~HEARiNG: Appeal No. !64J~ - 8:00 P.M. (E.~.T.), upon application O~mJa~s Te Dubovick, D.D.E., 4 Carmen ~treet, Hempstead, New York, for a variance in accordance with the Zoning 0~dinance, ~ticle XII, ~ection 1204, ~Ubsection B, for permission to change use of non-conforming business building. Location of property: ~emises now or-formerly of Petty on west side of Mechanic ~treet, ~OUthold, NeW YOrk~ bounded north by William smith; east by Mechanic ~treet; south by J. ~cctt; west by F~thodist Church. Fee paid $15.00. The Chairman opened the~hearingby reading the application for a variance, legal notice of hearing, affidavit attesting to its p~blicatien in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? DR. JAME~ DUBOVICK: ~ ~hl-nk I could fix that building up p~etty nicely, have some plans fo~ improving it. (Dr. Dabovick skowed his plans to the Board.) I had to make two plans as there are two buildings. I have been waiting to see what the zoning was on it. ~ Just came out of the Navy; ~ was stationed in Maryland ~nd ~ind I like the ~al life. I have no intention of .setting up m~r p~ac~ice in Nassau County. I am choosing an area that I think wou'ld be good for me and m~ family. I talked to Dr. Rose and found that I could not afford what he wants for his property. Ih ave spoken to other tenants in the area and they seem to think that while it might take some time to get my practice going, it ~ould be done. Y have talked to Mr. Petty; and the ba~ thought they would go along with me if I could get the zoning approved. MR. ROBERT BERGEN: If you use the north building could you move the other building back to make a pa~king a~ea? ~outhold Town Board of Appeals -4- August 24, 1972 DR. DUBOVICK: I don't know anything about building. I don't kn~ if it could be done. THE CHA~IRMAN: Thatts a tight corner there but I think you could partially solve the parking problem by either taking off the front of the building , or moving this building back. If you took I0 feet off the front I don't think yo~ would lose any- thing, except for the cost of doing it. I think th~s could be done over a period of time. DR. DUBOVICK: The bank has been reasonable with me so I think I could go ahead and do it although I dontt have a great deal of money. THE CNAIRFAN: Something has to be done about parking. DR. DUBOVICK: I thought about that but I saw that Dr. Rose does not have any pa~king. I didntt realize that would be a problem. I talked to Dr. Rose about taking over his building but he has a big piece of property that is worth a little more than m~ dental ambitions. Right now, I am thinking of getting a practice goi~ ar~ I thought it might be possible to fix the place up and live there. I have a hundred loose ends. THE OH~IRNAN: The !a~ger building is 28 feet wide. I think you could g~t three cars in there. DR. DUBOVICK: On a diagonal park, I think I could get three of Four cars there. I b~ve also looked at upstairs space in the building where the lawyer and the liquor store are but there is no pa~king there either, and i have found that people don't like to go upstairs to a dentist~ office. 7~ THE OH~LD~N: We could approv~ subject to youm furnishing Du sq. ft. of pa~king space. This would give you time to figure things ou~ wi~h a builder, and the bank. Somewhere you m~st furnish 750 sq. £t. of parking. What is required in the Ordinance is a good deal more than that. We can,t approve this vsmiance in accordance wi~h the way the Ordinance reads but that is what the Board of Appeals is fo~. .Actually, the total amount ~pu should have is 16~0 sq. ft. If ~ou took !8~' off the f-o~* ~* ~e building- that 10~' plus the I0}% you have ~o the curb ~i~ ~- now would give you 25' x 30'~ ~ee what you can work out. I don~t see any reasonable way you can furnish more than three Southold Town Board of Appeals -5- ~ugust 2~, 1972 spaces. The present occupant is not furnishing any parking space. This would be an improvement. DR. DUBOVICK: t dontt know the cost of these things, when you talk about moving buildings and taking fronts off. THECH~IRF~N.'. ~alk to your builder. We will postpone final decision on this. When you come up with an answer, bring it in. I think that's all we can do. DR. DUBOVICK: I have to get an idea of the cost. THE CHAIRMAN: Without making a formal decision our feeling is that this idea is feasible and would upgrade the area. How- ever, this Board must require 750 sq. ft. of parking area. I believe this would provide a considerable improvement to Mechanic ~treet. On motion by M~. Gillispie, seconded by Mr. Bergen, it was RESOLVED th~_t decision on Appeal No. 16~, James T. Dubovick, D.D.S., 4 Carmen Effect, Hempstead, New York, be postponed until applicant finalizes his plans. Vote of the Board: Ayes:- Messrs: Git!lspie, Bergen, Grigonis, Hulse. PUBLIC HEARING: ~ppeal No. 1643 - 8:15 P.M. (E.S.T.), upon application of Salvatore and Harriet Iadanza, 822 Cennetquot &vemue, Isltp Terrace, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 3Gl, and ~ection 303, for Permission to construct dwelling With less than average setback. Location of property: Lot #24, ~p No. ~2777, 0rient-By-The-Sea, ~ection I, Orient, New York. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE ONAIRN~: Is there anyone present who wishes to speak for this application? MR. FR~NKDONNER, Mason-Contractor: I staked it out. I tried to keep in line with the houses on the street. The road has a natural curve in it. ~tts a big house- 69 feet wide, 50 feet deep. The northwest corner has a sharp drop; it drops quite a bit right from the road. The rear of the cellar is sticking out of ~he ground. We had two letters; one frem Fa~. Bentz who lives directly east and one from Mr. Davis to the west. They are not opposed. So~thold Town Board of Appeals -6- August 24, 1972 In fact My. Davis said he hoped the house would not go back any further as iris blocking his view of the ~ound. THE CHAIEM~N: Did the Board of Health enter into this situation~ Have they told you where to put these pools? MR. DONNER: The pools have to go on the no~th side. 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 construct dwelling with less than average setback on Lot No. 24, Nap No. 2777, Orient-By- The-Sea, Orient, New York. The findings of the Board are that this house is difficult to locate because of a curve in the road; the terrain on the westerly portion of the lot slopes sharply away from the foundation; the distance of 4318" of setback from Soundview Road is in excess of the original 35~ required in the Ordinance under which this subdivision was created. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would predate practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED Salvatore and Harriet iadanza, 822 Connetquot Avenue, Islip Terrace, New York, be GRANTED permission to con- struct dwelling with less than average setback, as applied for, on Lot No. 24, Map No. 2777, 0rient-By-The-Bea, ~ection I, Orient, New York. Vote of the Board: Eulse. ~yes:- Massrs: Gillispie, Bergen, Grigonis, PUBLIC HEARING: Appeal N0. 1639 - 8:30 P.M/ (E.S.T.), upon application of Diana Foster and Lillian Anne Rose, 220 Crittenls Lane, Southold, New York, for a special exception in accordance ~outhold Town Boa~d cf Appeals -7- August ~!, 1972 with the Zoning Ordinance, A~ticte III, ~ection 300, ~bsection B-14, for permission to oondust a yard sale on August 25 and 26, 1972. Location of property: East side of Oritten's Lane, Southold, New York, Lot Ne. 22, Seuthwood Subdivision. Fee paid $15.oo. The Ohaix~an opened the hea~ing by reading th application fe~ a special exception, legal notice of hea~ing, affidavit attesting to its p~blioation in the official newspapers, and notice to the applicant. TM O~AIRFA~: Is there anyone present who wishes to speak for this application~ (There was no response.) THE OHAIRFAN: Is there anyone present who wishes, to speak against this application? (There was no response.) After investlgatien and inspection the. Board finds that ~Flicant requests permission to conduct a ysmd sale on August and 26, 1972 on property located on the east side cf ~ritten's Lane, Seuthold, ~ew York. In accordance with Resolution of the Southold Town Board of Appeals onl~ one date may be g~anted for a yard sale., with a specific rain date if required. The Board is in agreement with applicant conducting the ~a~d sale on either August 25o~August 26, 1972, not both days. (No rain date requested). The BOa~d finds tb~t the public convenience and welfare and Justice will be served and the legally established er permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured .and the spirit of the O~dimance will be observed. On motion by F~. Grigonis, seconded by M~. Gillispie, it was RESOLVED Diana Foster and Lillian Anne Rose be GRAL~D per- mission to oondact a yard sale on August 25 o~ August 26, 1972, subject to conditions of Resoluti°n of the Seu~hOld Town Boa~d of Appeals dated June 15, 1972, as follows: 1. Permission is for a one day yard sale to ~e held on a specific date, with a specific raindate. 2. Permission is fo~ the sale of household and personal property of the owner and his famil~ and may not include property of othe~s unless it is for a charitable pux~pose. 3. Applicant mast provide someome to supervise parking at the yard sale to prevent blocking neighbors! d~iveways. Vote of the Boa~d: Hulse. Ayes:- ~ssrs: Gillispie, Bergen, Grigonis, Southold Town Beard of Appeals -8- Augmst 24, 2972 PUBLIC M~.A_~ING: Appeal No. 1640 - 8:35 P.M. (E.S.T.), upon application of Judith B. Wu~z, Box IliA, Bay Avenue, Cutchogue, New York, fo~ a special exception t~ accordance with the Zoning 0~dinance, Auricle III, ~ectton 300, ~ubsectien B-I~, for permission to conduct a yamd sale en S~ptember 2, 1972; rain date September 9, 1972. Lecatiem of property: east side of Bay Avenue, no~h side of Leslie Read, 0utchegue, New York, bounded no~h by Mal~; east by R. Price; south by Leslie Read; west by Bay Avenue. Fee paid $15.00. The Ohe_irman opened the hearimg by reading the application for a special exception, legal no, ice ef hea~ing, affidavit attestimg to its publication in the official newspapers, and notice to the applicant. THE 0HAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE 0HAIRNAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Boamd finds that applicant requests permission te conduct a yard sale en September 2, 1972; ralndate ~eptember 9, 1972, om premises located en the east side of Bay Avenue, no~h side of Leslie Road, Cutchogue, New York. The Boa~d fi~ds that the public convenience and welfare and Justice willbe served andthe legally established or permitted use of meighborhoodproperty amd adJoini~guse districts will not be per_me, ne~tl~ or substantially injured and the spirit of the Ordinance will be observed. On motion by M~. Gillispie, seconded by M~. Bergen, it was RESOLVED Judith B. Wurtz, Box IllA, Bay Avenme, Cutchogae, New York, be ~ permission to comduct a yard sale en ~eptember 2, 1972, rain date ~eptember 9, 1972, on premises located on the east side of Bay Avenue, north side of Leslie Road, Outchogue, New York; subject $o conditions of Resolution ef the Sou~hold Town Boamd of Appeals dated June 15, 1972, as follows: $outhold T~wn Boa~d of Appeals -9- AuEust 24, 1972 1. Permission is for a one day yard sale to be held on a specific date, wit~ a specific rain date. 2. Permissiom is for the sale of household and personal property of the om'~er and his family and may not include propex~¥ of others unless it is fo~ a charitable p~pose. 3. Applicant ~st provide someone to supervise parking at the yard sale to prevent blocking neighborsI driveways. Vote of the Board: Ayes:- Nessrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC ~ARING: Appeal No. 16}!~ - 8:40 P.M. (E.S.T.), upon application of Elsie L. Parkin, Bay Avenue, Cutchogue, New for a special exception in acco~danse with the Zoning ~dt~noe, A~tiole III, ~ection 300, ~mbsectien B-I~:, fo~ permission to hold a yard sale on August 26, 1972; rain date AuguSt 27, 1972. Location of p~ope~ty: Part of Lot #150, Nassau Farms Subdivision, Cutchog~e, New York, bounded no~th by Quilty amd others; east 5A. Petrucci; south by Bay Avenue; west by W. Kelly. Fee paid .00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hea~ing, affidavit attesting to its p~blication in the official newspapers, and notice to the applicant. (Signature of Elsie L. Pa~kin verified by M~o Howard Terry, Building Inspecto~.) T~_~g~ CHAIRMAN: Is there anyone present who wishes te speak for this application? (There was no response.) ~HE C~IRNAN: Is there anyone p~esent who wishes to speak against this application? (~re was no response.) After i~vestigation and inspection the Boa~d finds that the applicant requests permission to hold a yard sale enAugust 26, 1972; ratndate August 27, 1972, on pa~t of Lot #150, Nassa~ Farms~bdivision, Cutchogue, New York. The Beard finds that the Public convenience and welfare and Justice will be Served amd the legally established o~ Permitted use of neighborhood property and ad~oini~ use distrmcts will net be permanentlyor substantially injured and the spirit of the 0rdtr~nce will be observed. Southold Tow~ Boa~d of Appeals -!0- August 24, 1972 On motion by Mm. Bergen, seconded by Mm. Gillispie, St was RESOLVED E~Sie L' Psmkin, Bay Ave~e, Outchogue, New Y~k, be,~.permxssion to hold yard saleon. AqgUst 26, 1972; rain dave August 27, 1972, On pamt~ ef Let #150, Nassau Farms ~ubdivislon, Cutehogue, New Y~k, subject to conditions of Resolution of the Southold Tewn.Beamd of Appeals dated June 15, 1972, as follows: 1. Permission is for a one day ysmd sale to be held a speoific date, with a speeifio rain date. Permission is fo~ the sale of household and personal property of the owne~ and his family and may not include p~operty of ethers unless it is for a charitable purpose. 3. Applicant m~_st p~ovide someone to supervise parking at the ysmd sale to prevent blocking neighbors, driveways. Vote of the Board: Ayes:- Ness~s: Gillispie, Bergen, Grigonis, Halse. On motion by Fm. Gillispie, seconded by Nm. Bergen, it was RE~0L~ that the Seuthold Town Bosmd of Appeals dispense with the ~eading of legal notices on yard sales. Vote of the Board: Ayes:- Messrs: Gillispie, Bergem, Grigonis, Hulse. PUBLIO B~ARI~.G: Appeal No. 1645 - 8:45 P.~L (E.S.T.), upon application of Edward and Helen B~ush, Stillwator Averme, Cutchogue, New Yo~k, fe~ a speoial exception in aoCordance with the Zoning O~dinance, A~%icle III, Section 300, Subsection B-14, for pe~- mission to hold a yard sale on August 25, 1972; rain daSe ~eptember I, 1972. Location of p~ope~y: east side of Stillwater Avenue, Cmtchogue, New Y~k, bounded ne~thbyB. 0~lewski; east by B. 0~lewski; south by C. C~ofts; west by Stillwater Avenue. ~ee paid $15.00. The Chairman opened the hearing by reading the application for a speolal exception. THE CHAIRMAN: Is ~here anyone presemt who wishes to speak this applioation? (The~e was no ~esponse.) Southoid Tewn Board off Appeals -11- Aua~st 24, 1972 After Investigationand inspection the Bosmd finds that applicant requests permission to hc~ a yard sale o~ August 25, 1972; rain date September 1, 1972, on premises located on the east side of St~llwater Avenue, Outchogue, New York. The Bosmd finds th~_t the public co~venlence and welfame 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 0~dinance will be observed. On motion by 1/m. Gillispie, seconded by Mr. Bergen, it was RESOLVED Edwsmd and ~elen B~ush, StXllwater Avenue, Cutchogue, New York, be GRANTED permission to h~ld a yamd sale on August 25, 1972; rain date ~eptember 1, 1972, enp~emises located en the east side of Stillwater Avenue, Cutchogue, New York, subject to conditions of Resolution of the Southold T~mBoard of Appeals dated June 15, 1972, as follows: 1. Pe~aission is f~r a =ne day ysmd sale to be held on a specific date, with a specific rain date. Permission is for the sale e£ Household and personal property of the owner and his family and may not include p~operty of others unless it is for a charitable purpose. 3. Applicant must provide someone to supervise pa~king at the yard sale to prevent blocking neighborsl driveways. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal Ne. 1647 - 8:55 P.M. (E.S.T.), upon application of Ladies Auxilia~ of the Mattituck Fire Department, Pike ~treet, N~ttitmck, New Yo~k, for a special exception in accordance with the Zoning Ordinance, Article III. ~ectiom 300, ~bsectien B-~;~, for pe~mission to hold a rummage sale on August 26, 1972. Location of property: southwest corner of Pike Street and Wickham Avenue, Mattitmck, New York. The Chairman opened the hea~ing by reading the application for a special exception. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? was no response.) THE CHAI~NAN: Is there argonne present who wishes to speak against this application? Town Boa,vd of Appeals -12- August 2~$, 1972 (There was no response.) After investigation and inspection the Board finds that applicant requests permission to hold a rummage sale on August 26, 1972 on premises located on the southwest co~ner of Pike ~t~eet amd Wickham Avenue, Mattituck, 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. motion by F~. Bergen, seconded by Nr. Grigonis, it was RESOLVED Ladies Auxiliary. of the M attitmck Fire Department, Pike ~treet, Nattituck, New Yo~k, be GR~D permission to hold a rummage sale on Augmst 26, 1972 on premises located on the southwest corner of P ~J~e ~treet and Wtckham Avenue, Mattituck, New York, subject to conditions of Resolution of the Semthold Town Board of Appeals dated June 15, 1972, as follows: 1. Permission is for a one day yard sale to be held on a specific date, with a specific rain date. Permission is for the sale of household and personal property of the owner and. his family and may not include property of others unless it is for a charitable purpose. 3. Applicant ~st provide someone to supervise pa~king at the yard sale to p~event blocking neighborst d~iveways. Vote ef the Beard: Ayes:- Nessrs: Gillispie, Bergen, Grigonis, Halse. PUBLIC HEARING: Appeal No. 1648 - 9:00 P.M. (E.S.T.), upon application of Ma~y Clemens, 7630 BayView Road, ~outheld, New Y~k, for a special exception in accorda~e with the Zoning 0~dinance, A~ticle III, ~ection 300, Subsection B-14, for permission to hold a garage sale on August 26 and 27, 1972; rain dates ~eptember 2 and 3, 1972. Location of property: south side of Bayview Road, $outho!d, New York, bounded north by Bayview Road; east by Right of Way; so~th by P~ivate Road; west by Reynolds and NcPartland. Fee paid $15.00. The Chairman opened the hearing by reading the application a special exception. Southold T~wn Boa~d of Appeals -13- August 24, 1972 THE CHAIRF~: Is there anyone present who wishes to speak fo~ this application? (There was no response. ) Twin CHAIRMAN: Is there anyone present who wisP~s to speak against this application? (There was no response. ) After investigatiem and inspection the Board finds that applicant requests permission to hold a garage sale on August 26 and 27, 1972; rain dates ~eptember 2 and 3, 1972. In accordance with comditiens of Resolution of the Southold Town Board of Appeals dated June 15, 1972, permission is for a one day yard sale to be held on a specific date, with a specific rain date. Therefore, the Beard will pe~it August 26, 1972; rain date September 2, 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 N~. Grigonis, seconded by M~. Eulse, it was RESOLVED Mary Clemens, 7630 Bayview Read, Southold, New York, be GRAPPleD permission to hold a garage sale on August 26, 1972; rain date Eeptember 2, 1972, on premises located on the south side of Bayview Road, ~outhold, New York, subject to conditions of Resol~tion of the ~outholdTownBoard of Appeals dated June 15, 1972, as follows: 1. Permission is for a one day yard sale to be held on a specific date, with a specific rain date. Permission is for the sale of household and personal property o~ the owner and his family and may not include property of others unless it is for a charitable purpose. 3. Applicant m~st provide someone to supervise parking at the yard sale to prevent blocking neighbors! driveways. Vote of the Board: Ayes:- Nessrs: Gillispie, Bergen, Grtgenis, Hulee. ~outhold Tow~ Boa~d of Appeals -14- August 24, 1972 PUBLIC HEARING: Appeal No. 1649 - 9:0% P.M. (E.S.T.), upon application of Earl L. Marshal!, 20205 ~oundvtew Avenue, Southold, New York, fo~ a special exception in accordance with the Zoning 0rdinanee, A~ticle III, ~ection 300, ~ubsection B-!4, for permission to hold a yard sale on ~eptember 2, 1972; rain date ~eptem~er 9, 1972. Location of pmoperty: north side of Soundview Avenue, Southold, New York, bounded north by Long Island S~and; east by Daskalopoul.es; south by Somndview Avenue; w~st by M. Love Joy. Fee paid $15.00. The Ohaiz~aan opened the hea~ing by reading the application for a special exception. T~E CHAIRNAN: Is there anyone present who wishes to speak for this application~ (There -,as no response.) ~ 0HAIRNAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Boa~d finds that appliean~ requests permission to hold a ye~d sale on September 2, 1972; rain date Eeptember 9, 1972 on premises located on the n~th side ef Soundview Avenue. The Boa~d finds that the public convenience and welfare and Justice will be served and the legally established or permitted use of neighborhood property a~ adjoining use districts will not be permanently o~ substantially InJumed and the spirit of the 0~dinanoe will be observed. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RE~0LVED Earl L. Marshall, 2020% Somndview Avenue, Somthold, New York, beG~N~ED permission as applied fo~ $o hold a yard sale on~eptem~ber 2, 1972; rain date September 9, 1972, on p~emises located on She no~th side of $omndviewAvenue, ~omthold, New Yo~k, subject to oondi~ioms of ResolUtion of So~tho!d Town Boa~d of Appeals dated June. 15, 1972, as foliews: 1. Permissiem is for a one day yard sale to be held on a specific date, with a specific rain date. 2. PermissiOn is fo~ the sale of household and personal proper~y of the owner a~d his family and may not include prope~y of Others unless it is fe~ a cha~itab!e purpose. 3. Applicant m~st provide someone to supervise pa~king at the yard sale to prevent blocking neighbors! d~iveways. Ve~e of the Board: Ayes:- Nessrs: Gillispie, Bergen, Grigonis, Eulse. Se~thold Town Boa~d of Appeals -15- August 24, 1972 PUBLIC HEARING: Appeal No. 1650 - 9:10 P.M. (E.$.T.), upon application o£ Eastern Long Island Hospital A~xilia~y, Greenpe, t Branch, for a special exception in accordance with the Zoning 0~dinance, A~ticle III, Section 300, ~ubsection B-14, for permission to hold a yard sale on September 2, 1972; rain date ~eptember 4, 1972. Location of property: premises of Jacqueline Bittner, north side of Middle Road (County R~ad 27), Scaffold, New York, bounded north by Seundview Avenue; east hv W. Zeb~oski: south by Middle Road (County Road 27); west by $~p~oski. ' The Chairman opened the hearing by reading the application for a special exception. THE CHAIRMAN: Is there anyone present who wishes to speak fOr this application? (There was no response.) THE CHA!RNAN: Is there anyo~ present who wishes to spe~k against thisapplication? (There was no response.) After investigation and inspection the Boa~d finds that applicant ~equests permission to hold a yard sale on September 2, 1972; rain date September 4,~1972 oup~emises located on the north side of Middle Road (~cunty Road 27), Southo!d, New York. The Beard finds that the public co~¥~enience and welfare and J~stice will be served and the legally established e~ permitted use of neighborhood pr~erty and adjoining use districts will not be permanently e~ substantially inJ~med and the spirit of the 0~dinance will be observed. On motion by N~. Gilllspie, seconded by M~. Grigonis, it was RESOLVED Eastern Long Island HospitalAuxlliary, G~eenport B~anch, be GRANTEDpermission to hold a yard sale on ~eptember 2, 1972; rain date ~eptember 4, 1972, on p~emises oF Jacqueline Bittmer, r~erth side of Middle ~a~{Ooun~y Road 27), ~euthold, New Ye~k, subject to conditioms of Resolution o£ the ~omthold Town Boa~d of Appeals dated June 15, 1972, as ~oll~s: 1. Permission is for a eno daF yard sale to be held on a specific date, with a specific rai~ date. 2. Permission is for the sale~ of household and personal property of the owner and his family and may not include property of others unless it is ~o~ a cha~itab!e purpose. 3. Applicant must provide someone to supervise pa~king at the yard sale to prevent blocking neighbors, driveways. Ayes:- Messrs: Gillispie, Bergen, Grigonis, Vote of the Board: Hulse. Semthold Town Boaed of Appeals -16- August 24, 1972 PUBLIC P~ARING: Appeal No. 1651 - 9:15 P.M. (E.S.T.), upon application of Robert S. Barker, Jr., 1250 Lupton's Point, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, A~ticle III, Section 300, Subsection B-14, for permission to hold a yard sale on September 2, 1972; rain date ~eptember 3, 1972, at the home of N~s. Robert Bergen, FAin Road, Matti$uok, New Y~k. Fee paid ~t5.00. The Chairman opened the hea~ing by reading the application fo~ a special exception. T~E OHAIR~: Is there anyone present who wishes to speak for this applioatien~ (There was no ~esponse.) TEE CHAIRMAN: Is there anyone present~ who wishes to speak against this application? (There was no respomse.) After i~vestigation and inspection the Boated finds that applicant requests p~e~mission to held a yard sale c~ September 2, 1972; ~ain date ~eptember 3, 1972, at the home cf F~s. Robert Bergen, Nain Read, Mattituck, New Y~k. The Boa~d finds that the public convenience amd welfare and Justice will be served and the lega.~, establish~d or permitted use of neighborhood property and adjoining use dxstricts will not be permanently or substantially injured and the spirit of the 0rdin~ce will be observed, motion by N~. Gillispie, seconded by Mr. Hulse, it was RESOLVED Robert ~. Ba~ker, Jr., 1250 Lupten's Point, Nattitu~k, New Yo~k, be G~ANTED permission to hold a yard sale on September 2, 1972; rain date September 3, 1972, at the home ef ~s. Robert Bergen, Main Road, Nattituck, New York, as applied for, subject to conditions of Resolution of the ~omthold Town Beard of Appeals dated ~mne 15, 1972, as follows: 1. Permission is f~r a one day y~ar..d sale to be held en a specific date, with a specific rain date. 2. Pe~aission is for the sale of h~usehold and personal property ef the ~wner and h. is family and may not include property of ethers unless it is fe~ a charitable purpose. 3. Applicant mast provide someone to supe~vise pa~king at the yard sale te prevent blocking neighbors' driveways. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, G~igenis, Seuthold Tow~ Board of Appeals -17- August 24, 1972 motion by Mr. Gilllspie, seconded by 1/r. Bergen, it was RESOLVED that a Speci~ Meeting be held on August 31, 1972, at 12:00 1/oon, at the Town Office, ~in Road, So~thold, New York. Vote of the Boa~d: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hmlse. Appeal No. 1647, Elizabeth M. Mitchell, Main Road, Orient, New York, will be heard at 12:00 Noo~, August 31, 1972, at the Town Office, Nain Road, S~o~.thold, New Yc~k~ to replace hearing o~iginally scheduled for 8.50 P.N~ (E.S.T.), August 24, 1972. Discussion with Ivan T. Honnett, Orchard ~treet, New Suffolk, regarding on dated October 26, 1967, which was denied b~ at a public hearing held on November 19, 1967. T~ You have two cottages on the property. MR. They have been there for twenty years. Your action in ' stated that there was no hardship. The hardship is very ~eal at the present time. Z am 74 yea~s old and have a home im W2II~eplalns which m~ wife can't keep up, and the taxes are very hiEh. We have to oonsolid, ate somewhere. I am on a pensio~ ~hat was given to me in 1953 and which is out of keeping with 1972 zest of living. I h~ve a small income i~ the summe~ on the bu~Iding on the back part of the lot. It would be harde~ to winto~ize ~hat building. I need a winter home where I can stay for: the ~est of m~ existence. My wife is 65 years eld and is a registered rmrse. I work part time when I can pick up a Job. ,THE ONAIRMAN: What you are asking for is for us to ~ehear this aPPlication, MR..EONNETT: I would like to have tWO t upstairs er T~ OHAIRNAN: We. can't Consider financial ha~dship. We can only consider use of property. This is related to yo~r desire to live here. If you only rent the cottage for a few months in the year, I don't think your loss would be too g~eat. The lot is under,sized, and New ~uffolk is short ef water. I think the Board might be amenable if you eliminate one cottage- make it into a garage if you wish- so we don,t have two families on the lot. ~outhold Town Bosmd of Appeals -18- August 24, 1972 Discussion with Mr. ivan T. Honnett (conttd): MR. HONNETT: The~e are three in m~ family who would be there permanently and there would be no one else there from Labor Day until the 1st of July. THE CHAIRMAN: If you eliminate this use the Board could ge along with it. That would be m~ suggestion. If you want to do that we can schedule a rehea~ing. MR. HOE~i~: It's impossible to keep the two buildings? THE CHAIRNAN: Eome day you may want to sell your property. You amc talking about now but we a~e faced with the future of New~uffolk. ' .... MR. EUL~E: Next yesm you might decide to move to Florida. The new owner might decide to rent the cottage from March to November. The next owner might not be se discreet. THE CHAIRMAN: I think the Board would be willing to schedule this hearing if you eliminate the other building. We can make it fo~ two weeks from tonight. MR. HONNETT: ~uppose m~ wife and I talk it over. I have to be in ~ansas some time in ~eptember. THE CHAIR~N: We meet approximately every two weeks. MRS. HOKNETT: If anything happens to Mr. Honnett and I have to live in that house, what happens then? THE CHAIRMAN: Ye a~e not housing authorities. What we talking about is two houses on one lot. What we need out here is an acre of property for each dwelling unit. You have 1/5 or 1/6 of an acre with tw~o houses on it. You can put as many people the one house as is permitted by law. MR. HONNETT: If you decide to do Shis, I can square this building out. T~E CHAIRMAN: Talk it over. It will be agreeable to us to reschedule the hearing. For the rece~d: 20 ~ign Renewals approved as submitted. Nm. Howsmd_Terry, Building Inspector stated that M~. Joseph V. Schade of Terry Lane, ~outhold, wants to ~un a coffee machine route out of his house. He would rent or sell to different offices and would supply on a weekly or monthly basis. (The Boa~d and Mr. Terry agreed that if Mr. ~chade has the machines delivered to his customers, the use would be "salesman"... but if he st~es the machines at his home, the use would be "business".) Clifford Tyler rehearing scheduled for Sept. 7th. Lette~ from Y~ving P~ice, Esq. requesting that the Board meet informally with h~mand N~v. Tony ~carmetto. (The Boa~d set 9:00 P.N. ~eptember 7, 1972 as the time of meeting.) S~uthold Town Boa~d of Appeals -19- August 24, 1972 For the record (conrad): Notice from ~uffolk County Planning Commission re. Jerry Villani, 'Appeal No. 1584, June 29, 1972, that ~his is a matter for local determination. Also, re. Frank, Walter and Cecelia ~awicki, Appeal No. 1588, June 29, 1972, that this is a matter for local determination. Letter from ~h~s. Frances Sewell was r~ad into the minutes- Appeal No. 1338, re. right-of-way to beach. Mrs. Sewetl stated that access to both halves of the tot had been approved but that she would now like to keep it the way it is, aS she has been ill and would use the causeway. Re. Gary Tabor, Appeal No. 1555 (public hearing-June !5, 1972; Decision of the Board June 29, 1972). ~. Terry stated that a copy of the Action of the Boa~d was sent to Justice Demarest. Also, that N~. Tabor has stated that the Town is withdrawing charges against him. Letter was read: from Mattituck Presbyterian Church re. yard sales. Letter was read: from Southold Town Planning Board re. drainage. Discussion of the Board on amount of area needed to keep a horse (40,000 sq. ft. for each animal - 50t from any lot line). Re: 39,500 sq. ft. lot on ~oundvlew Average on which broker has sale if people can keep a horse on the property. Jo¥ce G. Monk, 130 Oak ~treet, Outchogue, New York, requests ~ermission to hold a yard sale on Eeptember 2nd, rain date September th, as original permission for a yard sale on June 17th; rain date June 19th, 1972, could not be used as she was rained out on both days. On motion by N~. Bergen, seconded by M~. Hulse, it was RE~OLVED that permission on Appeal No. 1547, Joyce G. Monk, 130 Oak Btree~, Cutchogue, NewYork, be amended to read: Joyce G. Monk be GRANTED permission to conduct a yard sale on September 2, 1972; ~ain date ~eptem~er 4, 1972, on premises l~cated on Oak ~treet, Cutchogue, New Yo~k, as aPplied for, subject to conditions of Resolution of the ~outhold Town Board of Appeals da$ed June 15, 1972, as follows: I. Permission is for a one day yard sale to be held on a specific date, with a specific rain date. 2. Permission is for the sale of household and personal property of the o~mer and his family and may not include property of ~hers unless it is for a charitable purpose. 3. Applicant m~s~ provide someone to supervise parking at the yard sale to prevent blocking neighbors' driveways. Vote ~f the Board: ~yes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. S~uthold Town Bosmd of Appeals -20- August 24, 1972 On m~tion by I~m. Gillispie, seconded by Mr. Hulse, it was RESOLVED tb~-t the next regulsm meetinf of the Southold Town Board eT Appeals will be held at 7:30 P.M., Tb~_rsday, September 7, 1972, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Hessrs: Gilllspie, Bergen, Grigonis, Hulse. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southo!d Town Bos~d of Appeals dated August 10, 1972, be approved as submitted, subject to minor co~ection. (Appeal No. 1623, Alan Cotg~eave, Huckleberry Hill, East }~arien: "the houses to be separated axe in the wesSerly poz~ion of the lot,.etc." Changed to "the houses to be separ~te'd are in the easterly portion of the lot, etc." Vote of the Boar~: Ayes:- Eessrs: Gittispie, Bergen, Grigonis, Hulse. On motion byMr. Gillispie, seconded by Fm. Bergen, it was ~VED that the ~outhold To~rn Board of Appeals set 7:30 P.M. (E.S.T.), Thumsday, ~eptember'7, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of George Ah~ers Builder, INC., 250 Cox L~ne, Cutchogue, New York, on account of Rev. J. Agria, fo~ a variance in accordance with the Zoning Ordinance, Article III, Section 301, and 303, fo~ 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; south by ~ims; west by Skwama. Vote of the Board:~eoo-~. Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Sou%hold Town Board of Appeals set 7:45 P.E. (E.S.T.), Thursday, September 7, 1972, at the Town Office, Main Road, ~outhold Town Boa~d of Appeals -21- August 24, 1972 ~outhold, New York, as the time and place of hearing upon application of Willi~mWorhle, 426 Mt. Misery Road, Melville, New York, fo~ a variance in accordance with the Zoning 0~dinance, Artto2e ~II, Section 301, for permission to build addition to existing structure with insufficient sideyard. Location of property: south side of Lake Drive, ~outhold, New York, bounded north by Lake Drive; east by Orr; south by Great Pond; west by V. Ceechtni. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mm. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board %of Appeals set 8:00 P.M. (E.E.T.), Thursday, ~eptember 7, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hea~iug upon application of Jean Ellen Dean, 8400 Main Road, East Marion, New York, as administratix of the Estate of Elmina Brown, deceased, for a variance in accordance with the Zoning Ordinance, Article III, ~ection 301, for permission to divide property with less than quired area and frontage. Location of property: west side of Bay Avenue, East Nation, New Yo~k, bounded north by Karas; east by Bay Avenue; south by Rose and others; west by Radford and others. Vote of the Board: ~ves:- Messrs: Gillispie, Bergen, Grigoni's, Hulse. On motion by M~. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the SouthO!d Town Board of APpeals set 8:15 P.M. (E.S.T.), Th~rsday~R September 7, 1972, at the To;,n Office, Main Road, So~theld, New York, as the time and place of hearing upon application of Eugene McElroy, Topsail Lane, ~outhold, New York, for a variance in accordance with the Zoning Ordinance, Article III, ~ection 300A, 2C, for permission to ~eep a horse on propert~ with less than required area. Location of property: south szde of EoundView Avenue, ~outho!d, New YOrk, bounded north by ~oundview Avenue; east by Hahn; south by Dow; west by Dow. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigon~s, Hulse. Eouthold Town Boa~d of Appeals -22- August 24, 1972 On motion by Mr. Bergen, seconded by Mm. Grigenis, it was RE~OLVED that the ~e~thold Town Boa~d of Appeals set 8:30 P~M. (E.S.T.), Th;~msday, ~eptember 7, 1972, at the Town Office, ~in Road, ~outhold, New York, as the time and place ef hearing upon application of Mildred Laubengeiger, Old Main Road, Mattituck, New York, for a special exception In accordance with the Zoning 0~dinance, Article LTI, ~eetien 300, ~ubsection B-14, for per- mission to hold a yard sale on ~eptember 9, 1972; rain date ~eptembe~ 16, 1972. LoCation of property: south side of Old Main Read, Mattituck, New York, bounded north by 01d Main Road; east by M. Husing; s~th by K. Tuthilt; east by M. Tekien. Vote of the Boa~d: Ayes:- Messes: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Gillispie, seconded by 2~v. Huls~e, it was RE~0LVED that the ~outhold To~ Boa~d of Appeals set P.M. (E.$.T.), T~rsday, ~pSembe~ 7, 1972, at the T~n Office, ~in Read,~E~thold, New Yo~k, as ~ %i~ and p~ee of ~e~ing on application for ~e=ial Exception No. ~1~ by Clifford and Edwina ~ler to ~e~ate a travel trailer p~k or ca~ at N~$h ~ide School ~tree~, Cutehogue, New York. ~emises bounded north by ~isure G~eens, Inc.; east by ~rezeewski and or, rs; south by ~ehoo1 Street; west by To~ ~f ~ou~hold and othe~s. Vote of the Board: Ayes:- Messrs: Glllispie, Bergen, Grigonis, Halse. The Meeting was adjourned at 10:20 P.M. ~a~ma~ ~.o-a~u ~ ~ ~ Sou%hold To~ Bo~d of Appeals ~obert W. Gillisp'ie, Jr., C~irmA~