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HomeMy WebLinkAboutZBA-04/19/1973 wn ar o ea Telephone 765-2660 APPEAL BOARD MEMBER Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. NINUTE S SOUTHOLD T0~ BOARD Ol~ APPEALS April 19, 1973 A regular meeting of the Southeld Town Boar~ of Appeals was held at 7:30 P.M., Thursday, April 19, 1973, at the Town Office, Main Road, Seuthold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr.; Serge Doyen, Jr. Also present: Mr. Howard Terry, Building Inspector. P~LI0 ~ARING: Appeal Ne. 1736 - (originally scheduled for $:15 P.M.,.March 29, 1973, postponed by reqmest of applica~nt te 7.30 P.M. (E.S.T.), upon application ef Elimabeth A. Allen, and Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, for a variance in accordance with the Zez~ 0rdi~unoe, Article III, Section 3QO, for permission te use existing accessory building as dwellinc. Location of property: west side Stars Road, East ~arien, bounded north by Stars Read West; east by Stars Road; semth by Philip Frumenti; west by Balders, Weiss and ethers. Fee paid $15.Q0. The Chair~ opened the hearing by reading the applicatien for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, scad notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southeld Town Beard of Appeals - 2 - April 19, 1973 SAMUEL J. GLICK~, ESQ.: We ask at this time that a variance be issued to Jane Chambers and Elizabeth Allen. We are asking for a temporary variance of erie year. They have spent money te fix the house but nothing has been done en the downstairs part of it. It would cost $3,000 to move the house as it stands now, and we are asking for a period of one year so we may conform to all the laws in the Zoning Ordinance. BERGEN: Will any ether residence be put en the property? ELIZABETH A. ALLEN: No. MR. GLICE~N: This will be fixed up to.conform to all the regulations of the Southold Town zoning laws~ ELIZABETH ALLEN: ~e are in violation by 15 feet in the backyard. (Referring to map) Ne had pla~ed to go forward here. There is an access here and here so we had plan~ed to come down into this area as far as necessary te meet the requirements. JANE CHAMBERS: The size of the house is 24' x 20'. THE CHAIRMAN: 850 square feet are needed to meet the Ordinance requirements. MR. GLICKMAN: Upstairs and downstairs comes to 960 square feet. THE CHAIRMAN: I think a year is too long a time in which to move this building. MR. GLICK~L~N: Both girls are working girls and they have expended money. They have fixed the upstairs and before they are able to save $3,000 and make payments on the home it will take a year. THE CHAIRNAN: ~e can't grant on the basis of financial hard- ship. I don't think this Board would be within the limits that are imposed on us if we were to vary the Ordinance to permit someone te escape the hardships of every day living. It might take two years. The house should not be occupied until it has been moved. MR. GLICKMAN: It's no longer a garage. THE CHAIRMAN: You have to have a Certificate of Occupancy to live in a house. Of course, a C.O. would never have been issued because the house (which was a garage) violates the area restrictions which everyone else has to abide by. It doesn't appear to me that this is a reasonable request. Southold Town Board of Appeals - 3 - April 19, 1973 ELIZABETH ALLEN: Ne have not lived in it at all. We bought it to live in and were s~prised that it was a violation. We did all the work ourselves and we were ready to fix the downstairs when we were told that we were in violation. THE OHAIRMA2~: My understanding is that you have been living in it. ELIZABETH ALLEN: We have just been working on it on weekends. We don't have a refrigerator. THE CHAIRMAN: That is occupying the premises. That is illegal. I don't believe that this Board has any right to grant the occupying of the premises. It is my personal position that this application has to be denied for the reasons stated here. No one else is permitted to do this. M~. GLICKMAN: People have asked permission and requested time to live in a smaller house until a house Can be built. They are asking to live in here until the house can be moved. THE CHAIRMAN: I don~t recall any ether cases. MR. GLICKMAN: It was originally built to be a house and the upstairs was designed to be a house. THE CHAIRMAN: Rrhen we inspected it, it looked as if there were garage doors se it was basically a garage with an upstairs apartment. MR. BERGEN: Was there a permit to build a house? MR. GLICKMAN: Yes, ~nd it ran out. Mr. Frumenti had it. THE CHAIRMAN: We were told that the building permit was in force in Novemberof 1972. When was the building permit issued? MR. HOWARD TERRY, Building Inspector: At least five years ago.. Mr. Frumenti applied for a permit and built this building but did not build the main building. MR. GLICKMAN: We wish to conform to the laws. It is not being occupied day in and day out. We are asking for a reasonable length of time. THE CHAIRMAN: I don't think that asking for time to move it is a reasonable request. The building should never have been occupied. Southold Town Board of Appeals April 19, 1973 T~ CHAIRMAN: Is there anyone present who wishes to speak against this application? There was no response.} THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to use existing accessory building as dwelling. The building is located en the west side of Stars Road, East Marion. The findings ef the Board are that the use requested is in violation of the Ordinance in all respects. This use would net be permitted anywhere. Premises may not be occupied until a Certificate of Occupancy has been issued. The Board finds that strict application of the Ordinance w~uld not produce practical difficulties or ~_~necessaryhardship; the hardship created is not unique and would be sba_red by all properties alike in the immediate vicinity of this property and in the same use district$ and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by )~. Bergen, it was RESOLVED, Elizabeth A. Allen and Jane Chambers be DENIED permission to use existing accessory building as dwelling on property located on the west side of Stars Road, East Marion, New York, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, D~yen. PUBLIC HEARING: Appeal No. 17~ - 7:45 P.M. (E.S.T.), upon application of Eugene D. McElroy, ~65 Topsail Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Bulk Schedule, for permission to construct attached garage with insufficient side yard. Location of property: east side Topsail Lane, Seutheld, Lot No. ~3, Map of Leeward Acres, Seuthold, New York. 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. Southold Town Board of Appeals - 5 - April 19, 1973 THE CHAIRMAN: The application is aceempanie~ by a sketch indicating that the house is set back 87 feet from Topsail Lane. There is a eno car garage and the proposal is to m~ke it a two car garage, adding to the north side of the house and leaving a 10 foot side yard. The area of the lot is 40,727 sq. ft. THE CKAIRMAN: Is there anyone present who wishes to speak for this application? MR. EUGENE D. McELROY: Basically, the application states the situation. THE CHAIRMAN: ~nen did you buy the house? MR. McELROY: Approximately a year ago. THE CHAIR~: The house was built ~uader the old requirements of the 0rdi~nce which allowed 10' and 15' side yards. MR. McELROY: There is ~0' cn one 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 attached garage with insufficient side yard. The findings of the Board are that applicant possesses a lot which is more than ~0,000 sq. ft. in area. The house on the let was constructed prier to the present Zoning Ordinance ~d has an additional hardship by reason ef the fact that the la~d slopes te the south. The Beard agrees with the reasoning of the applicant. The Board finds that strict application of the 0rdinanee would produce practical difficulties or unnecessary hardships ~Jae hardship created is unique and would not be shared by all propertieS alike in the i~ediate vicinity of this property and in the same use districts and the variance will not cbm~ge the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Eugene D. McElroy, ~65 Topsail Lane, Southold, .New York, be GRANTED permission to construct attached garage $~uthold Town Board of Appeals - 6 - April 19, 1973 with insufficient side yard on property located on the east side of Tepsail Lane, Southold, as applied for, subject te the following condition: That applicant maintain a~. least a 10 foot side yard on the north side of the house. Veto of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, D~yen. PUBLIC HEARING: Appeal No. 17~5 - 7:55 P.M. (E.S.T.), upon application of Archeological Association ef New Yerk, Main Bayview Road, Scuthold, New York, for a special exception in accordance with the Eening Ordinance, Article III, Sectien 300, C 6(f) a~d Article XI, Section lllO0, Subsection l, for permission to erect off premises directional sign on property of Southold Bayview CorD. Location ef property: corner of Main Bay~iew Road a~d Route 25, Southold, New York. Fee paid $15.O0. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice te the applicant. THE C~~: ~r. Case, do you swear that this is your signature? HARRISON CASE: I do, sir. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. CASE: There is a limitation on size. That is, that it will not be any larger than the General Wayne sign, 3' x 4'. The intention is to have the wording "Indian ~Iuseum" or "Archeological Museum" plus a picture of aa~Xndi~ head. THE CHAIRMAN: As I recall it, it was difficult to locate the sigum 5 feet from any property line. You will place this sig~ alongside the General Wayne sig~ and this sign will be no larger than the General Wayne sig~. You will use that to determine your area. THE CHAI~kN: Is there anyone present who wishes to speak against this application? (There was no response.) Seuthold Town Board ef Appeals - 7 - April 19, 1973 After investigation and inspection the Board finds that applicant requests permission to erect off premises directional sign on property of Southold Bayview Corp. on the corner of Main Bayview Road and Route 25, $outhold. The findings of the Board are that a directional sign locating the Archeological Museum is in the public interest. 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 or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Archeological Associatien of New York, Main Bayview Road, Southold, be GRANTED permission to erect off- premises directional sign on property of Southold Bayview Corp. as applied for, subject to the following conditions: 1.That the square footage of the proposed sign be no greater than the cembined square footage of the adjoining sign which advertises the General Wayne Inn. 2.That the sign be placed no further than 3' away from the existing General Wayne sign. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 17~6 - 8:05 P.M. (E.S.T.), upon application of Elsie Mastrosimone, 355 Riviera Drive, South M~ssapequa, New York, for a variance in accordance with the Zoning 0rdin-nce, Article III, Section 301 and Bulk Schedule, for permission to divide property with insufficient area and frontage. .Location of property: east side of Inlet Lane Extension (private road), Greenport, bounded north by M. Mastrosimone; east by Gull PondS south by Carl Schaub; west by Private Read. Fee paid $15.00. The Chairmsn opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, ~nd notice to the applicant. Southold Town Board of Appeals - 8 - April 19, 1973 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? IRVING L. PRICE, JR., ESQ.: I appear in behalf of Elsie Mastrosimone. The contents of tho petition pretty much contain the basis of this application. I have a sketch from which the photostats were made and I will show it to you. (The Board examined the sketch). Mrs. Mastrosimonets husband died at about 40 years of age. They had executed separate deeds. ' In 1965~ prior to his death, the house w~s conveyed to her; they kept the middle lots they conveyed the 250 feet up here (indicating sketch) to Dr. Mastrosimone, himself. There is no intention to bulkhead, there is fresh water. Dr. Mastrosimone entered into an agreement with the Town of Southeld (boundary line agreement)~ and land under water was conveyed to him. Actually the area is more than 26,000 sq. ft., it's more like 32~0~0 sq. ft. The new owner o~ly intends to b~ild a one family house on the upland. Mrs. Mastrosimone doesn't intend to sell ~y more property. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? There -was no response.) THE CHAIRNAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicm~at requests permission to divide property with insufficient area and frontage on the east side of Inlet Lane Extension, (private road), Greenport~ New York. The findings of the Board are that applicant wishes to divide and sell the north 201.28' of frontage~ fronting on private road - Inlet Lane Extension. The approximate total area of property so divided will be 32,000 sq. ft. including land under water which was negotiated by the Town Trustees. The property remaining to Mrs. Mastrosimone will be 200 feet on Inlet Lane, the fetal area of which is substantia]ly in excess of an acre. The Board m~reos with the reasoning of the applicant. The Board finds that strict application of the Ordinance w~uld produce practical difficulties er 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 v~riance will not change the character ef the neighborhood, and will observe the spirit of the 0rdin~nce. Southold To~m Board of Appeals - 9 - April 19, 1973 On motion by ~r. Hulse, seconded by ~r. Bergen, it was RESOLVED, Elsie M~strosimene, 355 Riviera Drive, South Nassapequa, New York, be GRANTED permission to divide property with insufficient area and frontage on the east side of Inlet Laue Extension (private road), Greenport, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, I~ye~. PUBLIC HEARING: Appeal No. 1747 - 8:15 P.M. (E.S.T.), upon application of William E. Worthington, So,nd Avenue, Mattituek, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C5, a~d Article III, A 2(e), for permission to construct stable a~d keep horse ~th less t~ required area. Location of property: south side of Se~d Avenue, ~ttituck, be~ed north by S~d Avenue; east by E. R. Jenson; south by Jack ~iscell; west by Jack ~iscell. Fee paid $15.00. The Chairm~_n 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: The application is accompanied by a sketch indicating that the applicant owns an irreg~larly shaped lot which is roughly 256 feet in depth on the west side, 256 feet on the cast side, 141 feet on the road, So..nd Avenues aud the lot tapers somewhat toward the roar so that the rear of the property roughly averages 125 feet in width. The total area is approximately 33,142 square feet. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? ~R. ~ILLIAME. WORTHINGTON: I would like the Board to look at the letters from each of the neighboring properties and also the petition which is signed by 129 people. THE C~A~NAN: These are all neighbors who approve of what you are doing. Is yo~r horse there now? $outhold Tow~ B~ard of Appeals - 10 - April 19, 1973 WORTHINGTON: They are neighbors a~d residents of Mattituck. Our horse is kept en our property in the winter. Tm CHAIRMAN: In order to permit this, the Or~ima~ce would have to be changed. I don't view this as something that the Board of Appeals can do legitimately. Therequirement is ~0,000 sq. ft. in area. We can't grant variances or deny them based en petitions signed by neighbors. We have to base our decisions on the facts in the ease as it relates to the 0rdinance. MR. ~0RTHLNGTON= How about the fact that there are horses alongside of me and in back of me? THE CHAIRMAN: How many horses does Mr. Johnson have? MR. WORT~KUNGTON: Two. MRS. WORTHINGTON: There can't possibly be any disturbance because the horse is not here in the summer. We are less than a ~arter acre short. THE CHAIRMAN: When did you move to this location? MR. ~RTHINGTON: I have lived there all my life, my father lived there all his life, my grandmother built the house. If there was a valid complaint I could see it. There is an0rdinance but there is ne real complaint. THE CHAI~: When horses are too closely confined they are health hazards. MRS. WORT~INGTON: There is more than adequate room for that horse and the place is immaculate. THE CHAI~WL~N: You have letters from~Lv. Johnson and Mr. .Alderman, both of whom favor your retention of the horse. There is a letter from Mr. and Mrs. Peter Berdi~a in favor of your keeping the horse, their son has a horse. MRS. ~RTHINGTON: There is also a letter from Mr. Stukas who owns three horses across from us. THE 0PLATRMA_N: There is also a letter from Mrs. DeWall and one from Mr. David Moore, both of which are in favor. There is a petition dated March 23, 1973 stating that "~e, the ~,ndersigned, feel that it is an unreasonable request that the horse owned by William Worthington be removed from the premises, ete~" The petition is signed by 129 people. The length of time people have had horses is irrelevant. ~hat we are faced with is an Ordinance and you don't have the required amo,~nt of property. What will happen to your neighbors' horses, I don't know. I will have to recommend denying because we don't have the power to change the law. The proper remedy is to decide how much space a horse needs and present this information to the Town Board and try to get the Ordinance changed. If they agTee, there would be Seutheld Tew~ Beard of Appeals -11- April 19, 1973 an amendment which would reduce the holding area required for a horse. A horse has to be stabled 50 feet from the let line. HRS. ~0RTHINGTON: Can anyone say a horse will miss 10G feet? MR. WORTHINGTON: It's just not right. What about stables before the zoning law? I have lived there all my life and new things have to be different. THE CHAIRMAN: I agree. This Beard might recommend to the Tow~ Board that the 0rdi~ance be changed. The Beard doesn't .have the power to change whatts in the 0rdizua~ee. Any Ordinance that's passed has to adapt to what exists now. The thinking was to prevent horses from being kept on small lots in residential areas. You can't keep a horse now on less than the mini~n required area of ~0,000 sq. ft.. MR. WORTHINGTON: I can see tb2t.~if it was in the middle of a ~s~elepment. THE CHAIR/4AN: Does anyone else wish te spe~k for this application? (There was no response.) THE CHAIPJ~AN: Is there anyone present who wishes to speak against this application? MR. PAUL MICHALECKO: T~!s horse was there all day today. THE CHAIRMAN: (addressin~ Mr. Michalecko and Mr. and Mrs. Worthington) De yOU swear to tell the whole truth, so help you God? Mr, ~iohalecko and Mr. and Mrs. Worthington responded "I de". MR. ~ICHALECK~: His horse was there today. THE OHAIRI4AN: Mr. Worthington, was your horse there today? MR. ~0RTHINGTON: No. I can have an affidavit from Rocky Point te swear that my horse wasn't there. MR. MICHALECK0: My wife saw a horse all day. I don't say it was his horse. THE CHAIRMAN: We think it was the Berdinka horse that was seen. HR. MICHALECK0: People start with one horse and then there are four horses. Southold Tow~ Board of Appeals - 12 - April 19, 1973 ~. PAUL MICHALEOKO, JR.: If they are gr~ated a variance to Bring one horse in, would that prevent them from bringing more in? T~E CHAIRMAN: The variance would Be for one horse. MR. MICHALECK0, JR.: The Jeh~sons have four horses. THE CHAIRMAN: You claim tb~t the Joh~sons have four horses? MR. MIOHALECK0, JR.: There shomld be tw~' of them there now. THE CHAIRMAN: How long have the Joh~sons had horses? This is irrelevant but it is a part of your complaint. MR. PAUL MICHALECKO: Two years. MR. PAUL MICHAI~CK0, JR.: I object when I have to smell them. THE CHAIRMAN: Have you anything to add to your complaint? MR. PAUL MICHALECKO, JR.: The Beard of Health have been to ~r. E. R. Johnson's place and have found a disease. THE CHAIRMAN: I don't think we can take yo~r testimony as to what the Board of Health has done. MR. WILLIAM WORTHINGTON: The Board of Health found no violations. THE CHAIRMAN: Your remedy, I w~uld say, is to appeal to the Town Board to change the Ordinance if they find this to be unreasonable. I see no w~y we ca~ grant a variance even though your neighbors keep horses. You really don't have an unusual hardship. MRS. WORTHINGTON: Can we lease extra land? THE CHAI~: I think that would take care of your problem. The Ordinance doesn't say you have to own the land. You could locate the stable 50 feet from the lot line. THE CMAIRMAN: Are there any other questions? (There was no response.) Southold Town Board of Appeals - 13 - April I9, 1973 After investigation and inspection the Board finds that applicant requests permission te construct stable a~d keep horse with less than required area on premises located on the south side of Sound Avenue, Mattituck. The findings of the Board are that applicant is in violation ef current provisions ef the 0rdina~ce which states ~hat the land area devoted to such use (keepirzg of horses and penys owned and used by the owner for his personal use) shall not be less than 40,000 sq. ft. The Ordinance also states that horses and domestic animals other than dogs, shall not be penned or housed within 50 feet ef any lot line. The Board finds that it is irrelevant to this decision that adjacent neighbors have horses housed on their properties. This is a non-conforming use prior to the present Ordinance. The Board finds that strict application of the Ordinance w~uld not produce practical difficulties or urz~eeessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will cha~ge the character of the neighborhood, and will not observe the spirit of the Ord~nance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, William E. Worthington, Sound Avenue, Mattituck, be DENIED permission to construct stable and keep horse with less than required area on premises located on the south side of Sound Avenue, Mattituck, New York, as applied for, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC. HEARING: Appeal No. 17~8 - 8:35 P.M. (E.S.T.), upon application ef Jules Adriaenssens, 1225 Au~mst Road, North Babylon, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with insufficient setback er rear yard. Location of property: north side Lupron Point Road, ~ttituck, bounded north by Elmer Ruland, Jr.; east by T. D~ugherty; south by Lupron Point Road; west by Elmer Ruland, Jr. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting te its publication in the official newspapers, ~nd notice to the applicant. Seuthold Tow~ Board of Appeals - 1~ - April 19, 1973 The Chairm~u read letter dated April 16, 1973 received frem Mr. and ~Lrs. J. Adriaenssen: "Pleas~ accept our sincere apology at not being present this evening. Unfort~u~ately, our son is leaving for Germany this evening a~d I'm sure you cs~n~ndersta~d our desire te see him off safely. Tbs~king you for sideratien ,f cur applicatio~ for ~ i~sufficient fr~t ~rd." MR. ROBERT BERGEN: After inspecting this property i see ne reason why it ca~ not be moved forward a little bit se that there will be a better backyard. There would be ne eha~ge in the neighborhood. Some of the other houses are very close to the read aud have no backyards at all. THE CHAIR~N: We think it would be better to have a reduced front yard and a larger baekyard. There is ne way te change the size of this lot. MR. HOWARD TERRY, Building Inspecter: He would prefer te have it moved ferward. TME, CHAIRMAN: Is there anyone present who wishes to speak for this application? (There ~s no respenseo) THE CNAIRNAN: Is there anyone present who wishes te speak against this applicatien? (There was no response.) After investigatien and inspection the Board finds that applicant requests permission to construct dwelling with insufficient setback or rear yard. The findings of the Board are that it w~uld be preferable to move the location of the house forward thereby increasing the size of the backyard. There would be no oha~ge in the character of the neighborhood as many of the homes are built close tO the road. The Board agrees with the reasoning ef the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would net be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals - 15 - April 19, 1973 On motion by Mr. Bergen, seconded by ~. Grigomis, it was RESOLVED, Jules Adriaenssen, 1225 August Road, North Babylon, New York, be GRANTED permission to construct dwelling with insufficient setback er rear yard, subject to the follow- ing conditions: 1. That the rear yard (after const~ction of the house) shall be at least 25 feet deep. 2. That the front yard shall not be diminished any more than is necessary te furnish a 25 foot rear yard 3. That the house be placed lengthwise, the long dimension being parallel to the read. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PLrBLIC HEARING: Appeal No. 1749 - 8:45 P.M. (E.S.T.), upen application of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 BS, for permission to operate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terror Estate; south by Terry Estate; west by Edward Latham. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, l~gal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRNAN: Is there anyone present who wishes to speak for this application? (There was no response,) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applieant requests permission to operate a farm labor camp en the south side of Main Road, Orient, New York. The findings of the Beard are that this is a routine renewal ef farm labor camp permit and that there have been no changes made other than the addition of a small bathroom. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -16- April 19, 1973 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use ef neighborhood property and adjoining use districts will net be permanently er substantially injured and the spirit of the Ordinance will be observed. 0n motion by Mr. Gillispie, seconded by ~. Bergen, it was RESOLVED, Lloyd Terry, Main Road, Orient, New York, be GRANTED permission te operate farm labor camp en the south side of Main Road, Orient, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1750 - 9:00 P.M. (E.S.T.), upon application of Frank Knispel, Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article V, Section 500 B and Article VIII, Section 800 B, for permission to erect four unit mctel. Location of property: south side 01d Mill Read, M~ttituck, bounded north by 01d Mill Road; east by Stanley Naugles; south by Alonzo F. Robinson$ west by Alonzo F. Robinson. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and ~tice te the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. FRANK KNISPEL: I am here to speak for the application. THE CHAIRMAN: The application is accompanied by a sketch indicating that this is an i~egularly shaped lot with a southerly dimension ef 254 feet, and the northerly dimension on 01d Mill Read appears to be 195.46 feet. Hew long have you owned the property. MR. KNISPEL: I just acquired it. THE CHAIRMAN: Is there any way to enlarge it to meet the minimum requirements? MR. KNISPEL: No. Mattituck Holding owns the property en the east side ef it, and Joe LeoGrande owns property on the ether side of it. Neither one desires to sell fearing that it may disturb the plans that they may have in the future. Southold Town Board of Appeals - 17 - April 19, 1973 THE CHAIR~L~N: Hew much in personnel will there be? MR. KNISPEL: There will be no personnel living there. It will be transient occupancy. THE C~~: Would it be used i~ ~cember~ J~ary and Feb~ary. ~. ~ISPEL: I thi~ it ~d be used d~i~ these months for people from the beat y~ds who are tending their boats. ~ C~N: It would be ye~ re~d eecup~ey by tr~siemts- not seasonal. ~ere is private ~ter ~d pri~te se~ge ~d the proposal is te locate it 30 feet from the back line, 50 feet from Old Mill Road, ~d 20 feet from the easterly line. MR. KNISPEL: That is right. THE CHAIRMAN: As I read the Bulk Schedule, this would require a four space parking area. MR. KNISPEL: I have room for that. THE CHAIRMAN: I think it should be bituminous surfaced because of the hilly terrain. You are not planning on efficiency apartments$ you will net have cooking facilities? MR. KNISPEL: No. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Beard finds that applicant requests permission te erect four unit motel on property located en the south side of Old Mill Road, Mattituck. T~e findings ef the Board are t~t the applicant is the o%rner of an industrially zoned piece of property which has been in one ownership since 1944. There is no possibility ef inereas~ng the size of the let. The Board agrees with the reasoning of the applicant. The Board finds that the public conve~ence and welfare and justice will be served and the legally established or permltted use of neighborhood property and adjoining use districts will not be permanently or substantially injured ,Rd the spirit of the Ordinance will be observed. Seutheld Town Board of Appeals - 18 - April 19, 1973 On motion by ~r. Bergen, seconded by ~,~. Hulse, it was RES0LV~D, Fran~ Knispel, ~ili Road, ~attituck, New York, be GRANTED permission, as applied for, te erect four ~uit m~el en ~r~perty located e~ the s~mth side ef Old Mill Road, ~ttitmck, subject t~ the felle~ e~nditie~s$ ~d site ~lan review ef the Plying Beard. 1. ~t the f. ur ~it mctel te Be eenst~eted e~ pre~ses be no closer th~ 30 feet to the southerly line, no closer than ~5 foot to 01d Mill Road, ~d ne closer t~n 20 feet to the easterly line ef the property. 2. That four bituminous surfaced parking areas shall be created. 3. That the m~tel shall be for tr2~$ient year occupancy. That there shall be no cooking facilities installed in the motel. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEAR~G: Appeal Ne. 1751 - 9:15 P.M. (E.S.T.), upon application of Edmond Bokina, 4505 Main Road, Laurel, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-8, for permission te operate farm labor camp. Location of property: north side of Main Read, Laurel, bounded north by School District ~9 line; east by Cecil T. Yo~.mg; south by Main Read$ west by School District ~11 property and Aldrich Lane. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting te its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a letter which was written to Supervisor Martocchia by D~rothy Fleishman in which she states that she has ne objection te Mr. Bokina placing the mobile home on the farm for such use. The Town Board has accepted the application (si~ed by Supervisor Martocehia) subject to the approval of the Appeals Board. The dimensions of the trailer are 36' long x $ feet wide x $ feet high. The proposed trailer will be placed north ef the present potato house and at least 1,000 feet from the Laurel School. Southold To~rn Board of Appeals - I9 - April 19, 1973 Tm CHAIRF~AN: Is there anyone present who wishes to speak for this application? MR. EDMOND BOF~INA: I am here to speak for my applicatione THE CHAIRMAN: How many people will the trailer house? MR. BOKINA~ Two people, THE CHAIP~WlAN: Are there sazmitary facilities m~intained in the trailer? MR. BOKINA: Yes. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. PETER WARREN: Although the application states only people, what's to control the number? ~ OHAXRMA~N: Basically, an applicant for a farm labor camp, which is placed closer to someone olse's residence than to his own, has to appear here. If this trailer were located closer to his house he would not have to appear here. MR. BERGEN: I don't think it could be called a labor camp, having only two people. MR. HOWARD TERRY, Building Inspector: The Health Department and State Codes say that four or five people constitute a camp. (Mr. Terry read from the old Ordinance, 1000 3A,~ and from the new Ordinance, Section SA, pertaining to farm labor camps,) Neither Ordinance gives any specific number to be accomm~t~. ~. PETER WARREN: I wish te oppose this application. It is further away from his home and too close to the Laurel school. MR. BOKTNA: My property is small. Ail I own is the house. I do not own the fs~m. MR. BRIAN MURPHY= I would like to read an open letter from a nw~mber of residents: "Ne, the undersigned, do request that the Zoning Board of Appeals deny the request of Mr. Edmond Bokina for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Bt, for permission to operate farm labor c~mp. We feel that the location of this fstrm labor camp could poSsibly affect ~he health ~nd welfare of the children attending this school. We understand that there should be a place for hired help to live but feel it should not be located next to a school." This was written without realizin~ that it was a trailer for two people. THE CHAIP~MAN: It would be limited to two people. It's quite different from a potato crew which would number 12 to 15 people. Southold To~m Board of Appeals - 20 - April 19, 1973 ~R. BOKINA: The same men have been working on that farm for 38 years. MR. FRANK~HY: I am President of the School Board. I am happy to hear from you that there would only be two people there. As a Beard per se, we have no real objection. We would not want to put the man out of business. We have had a very good relationship with Mr. Bokina. We are mainly interested that it will not be a large labor camp. THE C~: The Board has to safe~ardpeople so one of the conditions would be that this would be limited to two persons and that it be at least 1,000 feet from the school property, and more tb~ 1,000 feet from the road. It may be used from J~ne 1st to November 1st, a~d at no other time of the year. Even/ labor camp permit has to be renewed. MR. ~H~f: Speaking as a member of the School Board, we have no objections. THE CHAIRNAN: The policy of this Board is to investigate labor camps when we renew them. I had a labor emmrp for many years and I know the problems. We get information from the To~ Board a~d various departments and sometimes we dont~ renew them. MR. ~HY: i would say that from hearing your explanation, I ~derstand it, a~d we will not try to block this application. MR. PETER '~ARREN: As long as you have all the restrictions on it, I wish to rescind my objection. I was m~inly concer~ed with the wording "labor oamp". It could be up to 25 people. D~. M. ROYALL: Where are these two chaps living at the present time$ MR. BOKINA: Puerto Rico. I rent three farms in Laurel. THE CHAIRMAN: Puerto Rican people have generally t~ed out very well. They come back to the same farms year after year. THE C~: Are there any other questions? (There was no response.) After investigation and inspectio~ the Board find that applicant requests permission to operate farm labor camp on premises located on the north side. of Main Road, Laurel, New Southold Town Board of Appeals - 21 - April 19, 1973 York. The findings of the Board arc that there will be two persons occupying the trailer on subject premises a~d that these two men have been working on the farm for many years; that sanitary facilities are maintained in the trailer. The Beard agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare ~d justice will be served a~d the legally established or permitted use of neighborhood property and adjoining use districts will notbe permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Edmond Bekina, 4505 Main Road, Laurel, New York, be GRANTED permission to operate farm labor cam~ on premises located on the north side of Main Road, Laurel, subject to the following conditions: 1. Subject to permission of the Town Board for a trailer permit provided that the trailer is located foot from school property and m~re than 1,00~ feet from the road, north of the potato storage bmildi~g, on property of Aldrich Lane Realty. 2. That there shall be no more than two occupants in the trailer. 3. That thetrailer Shall be occupied during the period of June 1 to November 1, onlyo Subject to all rules a~d regulations of the Beard of Health. 5. Labor camp permits must be renewed yearly. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigenis, D~yeno PUBLIC HEARING: Appeal No. 1753 - 9:25 P.M. (E.S.T.), upon application of Mattituck I~let Marina & Shipyard, Inc., Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 C-6, for permission to erect cfr premises directional sign on property of E~gene C. Sullivan. Location of property: south side of Cox Neck Road, Mattituck, bounded north by Cox Neck Read; east by P. Cerrito; south by Mattituck Creek; west by Cox Neck Road and Herman. Seuthold Town Board of Appeals - 22 - April 19, 1973 The Chaix-,~n opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman read letter from ~r. Eugene Sullivan dated March 22, 1973, as follows: "To Rom it May Coneerm: It is with my full consent amd knowledge that ~ttituck Inlet Marina & Shipyard, Inc. install a directional sign on my property located on Cox Neck Read on a curve opposite Breakwater Road in Mattituck. ~thorization m~y be terminated without netice or reason." THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? There was ne response.) After investigatien and inspection the Board finds that applicant requests permission to erect off premises directional sign on property of ~gene Sullivan. The findings of the Board are that p~rmlssion has been gra~uted to the Mattituck Inlet & Marina Shipyard, Inc. by Mr. Eugene Sullivan to erect an off premises sign on his property. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served a~ud the legally established er permitted use of neighborhood property and adjoining use districts will not be permanently er substantially inj~ed and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Mattituok Inlet Marina & Shipyard, Inc., M~ll Road, Na~tituck, NeW york~ be GRANTED permission to erect ~ff premises directional sign on property of Eugene C. Sullivan on the south side of Cox Neck Road, Mattituek, as applied for, subject to the following conditions: 1. That ~he sig~ be no larger than 3' x 3'. 2. That the sign shall be placed at least 5 feet from any property line. 3. That permission shall not become operative u~til all debit accounts with the Building Departmen~ Seuthold Town Beard ef Appeals - 23 - April 19, 1973 concerning this sign and other signs are settled. That this special exception shall be subject to all rules and re~mlations governing signs in the Town of Southold. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis, DoYen. On motion by Mr. Gillispie, seconded by }~. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated March 29, 1973, be approved as submitted, subject to miner correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M., Thursday, May lO, 1973, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. For the Record: Six (6) Sign Renewals were reviewed and accepted as submitted. Southold Town Beard of Appeals - 24 - April 19, 1973 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southeld Town Board ef Appeals set 7:30 P.M. (E.S.T.), Thursday, May 10, 1973, at the Town Office, Main Read, Southeld, New York, as the time and place of hearing upon application of Skinny Dip Pool Co., Inc., 250 Cox Lane, Cutcho~e, a/c Richard Addy, Sound View Avenue, Seuthold, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C and. Section 302, for permission to construct swimming pool in side yard area. Location of property: north side Sound View Avenue, Southold, New York, bounded north by Long Island Sound; east by Alfred H. Cosden; south by Sound View Avenue! west by Estate of Joseph H. Marshall. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:40 P.M. (E.S.T.), Thursday, May 10, 1973, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Anthony Gambino, Deep Hole Drive, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct addition to dwelling with less than required side yard and will change setback. Location of property: Deep Hole Drive, Mattituck, bounded north, by Mathias Brewi; east by Deep Hole Drive; south by G. Nuzzolo; west by Deep Hole Drive. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigcnis, Doyen. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the Seuthold Town Board of Appeals set 7:50 P,M. (E.S.T.), Thursday, May 10, 1973, at the~Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Skinny Dip Pool Co., Inc., 250 Cox Lane, Cutchegue, a/c Arthur Siemerling, Inlet Drive, Capt. Kidd Estates, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C and Section 302 for permission to build swimming pool in side yard area. Location of property: Lot #70 and ½ of Lot #69, Map of Capt. Kidd Estates, Mattituck, New 'fork. Vote of the Board: Grigonis, Doyen. Ayes:- Messrs: Gillispie, Bergen~ Hulse, Somthold Town Board of Appeals - 25- April 19, 1973 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.S.T.), Thursday, May !0, 1973, at ~/~e Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Charles 0. and Florence A. Ziegler, 1600 Bay Avenue, East Marion, for a variance in accordance with the Zoning Ordinance, Article IV, Section ~00 and Bulk Schedule, for permission to divide property with less than required area. Location of property: west side Bay Avenue, East Marion, New York, bounded north by W. Washburn; east by Bay Avenue; south by Marion Lake; west by ~. Washburn. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.S.T.), Thursday, May 10, 1973, at the Town Office, b~in Road, Southold, New York, as the time and place of hearing upon application of S. Lloyd Dickerson, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, as applicable to Article VII, for permission to construct six foot high chain link fence in front yard area. Location of property: Main Road and Sigsby Road~ Mattituek, New 'fork, part of lot'~2 and #3, Map of Mattituck Park Property. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by ~. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:20 P.M. (E.S.T.)~ Thursday, May lO, 1973, at the TOwn Office, Main Read, $outhotd, New York, as the time and place ef hearing upon application of George Bird, Lupron Point Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 B14 for permission to conduct an auction sale on property of J. H. Cassidy, Inc. Location of property: Beisseau Avenue, Southold, bounded north by Peter Meyer, Jr.$ east by Peter Meyer, Jr.$ south by L. I. Railroads west by Boisseau Avenue. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Southold Town Board of Appeals - 26 - April 19, 1973 On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLV~D that the Southold Town Board of Appeals set 8:30 P.M. (E.S.T.), Thursday, May 10, 1973, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Elizabeth M. Villa, Robinson Lane, Pecenic, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 Bi4, for permission to conduo~ a Yard Sale on property of ~lizabeth M. Villa, east side of Robinson Lane, Lots 20 and 21~ Map of Peconic Bay Oaks, Pecenic, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. The meeting was adjourned at 10:30 P.M. Respectfully submitted, Marjorie McDermott, Secretary Southold Town Board of Appeals