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HomeMy WebLinkAboutZBA-01/25/1973 SOUTHOLD, L. I., N.Y. 119~1 Telephone 755-26t50 APPEAL BOARD MEMBER Robert XX/. Gillisple, Jr., Chairman Robert Bergen Char, les (-qrigonist Jr. Serge Doyen, Jr. Fred Huls¢, Jr, SOUTHOLD TOWN BOARB OF APPEAL~ January 25, 1973 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, January 25, 1973, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert ~ergen; Charles Grigonis, Jr. Also present: Mr. Howard Terry, ~uilding Inspector Absent: Messrs: Fred Hutse, Jr.; Serge Doyen, Jr. PUB~LIC HEARING: Appeal No. 1707 - 7:30 P.M. (E.D.S.T.), upon application.of Adolph Breitenbach, Jr., Main Road, Aquebogme, N~w York, a/c John Loper, School House Lane, MattitUck, New York, for a variance in accordance with the Zoning O~dinance, Article III, Section 300 C-2, for permission to PUt a swimming pool and fence in side yard area. Location of property: South side of Pike Street, Mattttuck, N.Y., bounded and described as follows: ~or~h by. like Street; east by Hudson/Tuthii~; south by Browne/ ~alavogem, west by Maple Avenue. Fee paid $15.00. The Chairman opened the hearing by reading the application fo~ a varianee, legal notice of hearing, affidavit attesting to its publication in the e£ficial newspapers, and notice to the applicant. (The signature o~ the application of Adolph Breitenbach, Jr. was verified by Mr. Neward Terry, Building !nspectien.) Southold Town Board of Appeals - 2 - January 25, 1973 THE CHAIRNAN: The sketch acco~anying the application shows the location of the house to be at the corner of School House Lane and Maple Avenue. The location of the pool would be hl feet from Naple Avenue on a line parallel with the setback of the main house from Maple Avenue. Because of cess- pools the legal backyard is unavailable for the purpose of locating the pool. THE ¢_w~IRMAN: Is there anyone present who wishes to speak for this application~ (There was no response.) T~ CN~IRNAN: Is there anyone present who wishes to speak against this_application~ ~Ther,e was no response.) After investigation and inspection the Board finds that applicant requests permission to PUt a swimming peel and fence in side yard area on premises located on the south side of Pike ~treet, Mattituck, New YOrk. The Board finds that the pool would be set back 41 feet from ~aple Avenue paralleling the setback of 2he main house from Maple Avenue, and that the legal backyard is unavailable for the purpose of locating a pool because of cesspools. The Board agrees with the reasoning of the applicant. The Board.finds that strict application of the Ordinance would, produce practical difficulties er unnecessary hardship; the hardship created is unique amd 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 M~. Bergen, seconded by ~. Gillispie, it was EESOLVED AdOlph Breitenbach, Jr., Main Road, Aquebogue, New Y~rk a/c~John Loper, School House Lane, Mattituck, New York, be 'GRANTED permission to put a swimming pool and fence in side yard area of premises located on the south side of Pike Street, Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gilltspie, Bergen, Grigonis. ~outhold TOWn Board of Appeals - 3 - Jarmary 25, 1973 On motion by N~. Gillispie, seconded by ~i~. Bergen, it was RE~OLVED to postpone the time of hearing on Appeal No. 1708, Ethel E, Wortis, South Harbor Road, Southold, New York, until applicant appears to speak for the application. (Original scheduled time of hearing, 7:40 P.M. (E.$.T.). Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. A public hearing on Appeal No. 1711, 'Lawrence Baldwin, Peninsula Road, Fishers Island, New York, was held at the Fishers Island Fire House, Fishers Island, New York, at 12:45 P.M. (E.S-T.), January 23, 1973. After investigation and inspection the Bea~d finds that permission to set off building l~t with in- em premises located west side Peninsula Road, YOrk. The Beard finds that it is in general application shOUld be granted in view of the charact~ the development along the north side of Peninsula Read, West Earbor and Da~bies Cove. The Board finds that applicant's property is located at the head of West Ha~bor adjacent to a Town ramp. ~he adjacent property to the north is swampland and there are a d~zen or mo~e small plots at West Harbor facing west, some of which a~e only 50 feet in width. Fishers Island Estate owns land ac~oss from Peninsula Road, and part of the difficulty' has been caused by applicantts accommodation to a request to relocate Peninsula Read made by the TOWn. The road used to run along West Harbor and frequently became flooded'. Applicant is asking permission to set off'a lot so his daughter cam build a house on his property. The property Will be divided into two lots with a line proceeding from Peninsula Road and at right angles to Peninsula Road in a northwe steely direction, The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hsmdship created is unique and Would not be shsmed by all properties alike in the immediate vtcimity of this property and in the same use district; and the variance will net change the character of the neighborhood, and will observe the spi~it of the Ordinance. On motion by Fa. Grigonis, seconded by Mr. Bergen, it was REEOLVED, Law~ence Baldwin, Peninsula Read, Fishers Island, New York, be GRANTED permission to set off building lot with insufficient area located west side Peninsula Road, Fishers Island, as applied for, subject to the following condition: ~outhold TOWn Board of Appeals - 4 - January 25, 1973 That the old residence and be located at least 24 feet line. Vote of the Board: Ayes:- PUBLIC HEARING: Appeal No. application of Terry S. T~iades, New York, a/c Istepan Ntnakyan a variance in accordance with the Section 301, for permission to $ width. Location of' property: no Nattitack, Ninor SUbdivision #~ as followS: north by Long Island applicant; south by ~oundview Av applicant. Fee paid $15.00. The Chairman opened the hca for a variance, legal notice of its pmblication in the official applicar~. TEE CNAIRM~N: The applicat of Disapproval from the Building meet the new 135 foot width requ which was approved by the Planni has I05 feet om ~omnd View Avenu side and 490 feet on ~he other s TEE CEAIRNAN: Is there any for this application: TERRY $. TRIADES: I made t into a contract to purchase with the new proposed dwelling from the new (dividing) ~essrs: Gillispie, Bergen, Grigonis. 1709 - 7:50 P.E. (E.S.T.), upon 16~-01 32nd Avenue, Flushing, ~d Semun Bedikoglu, for a ~oning O~dinance, A~ticle III, ~tl lot with less than ~equtred ~th side of Sound View AVenue, Lot #2, bounded and described So~nd;- eamthby other land of ~nue; west by othe~ land of ming by reading the application moating, affidavit attesting to ~ewspapers, and notice to the ion is accompanied by a Notice Inspecto~ because it does not irement. It is a minor subdivision ~g Board on May 13, 1971. LOt #2 with a depth of ~82 feet on one ide; and lO1 feet on the Sound. one present who wishes to speak me application. I have entered the express purpose of constructing a one family dwelling on conditimn that it is a legal building plot. Without approval of this Board I would be unable to buy this property. Therefore, I respectfully request that you approve m~ application for a zoning variance. ~. Is there anyone present who wishes to speak T~r~C against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests pe~alssio~ to sell lot with less than required width on premises located on the north side of Sound View Avenue, ~eutheld TOWn Boa~d ef Appeals - 5 - January 25, 1973 Mattituok, New York. The findings of the Board are that this minor subdivision was created by the Planning Board on Nay 13, 1971, and the Boardts action merely recognizes the reduced requirements in the original smbdivision when compared to the present Ordinance. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or ur~necessa~y hardship; the h~dship 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 ~etghborhood, and will observe the spirit of the Ordinance. On m~tion by M~. Bergen, seconded by N~. Grigonis, it was RESOLVED Terry S. Triades, 164-01 32nd Avenue, Flushing, New Y~rk, a/c Istepan ~ima~an and Semen Bedikoglu, be GRANTED permission ~;o sell lot with less than required width. Location of premises: north side of Sound View Avenue, Nattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC ~EAR!~G: Appeal No. 1710 - 8:00 P.M. (E.S.T.), upon application of William Manning, 1507 South 7th Street, Aberdeen, South Dakota, for a variance in accordance with the Zoning Ordinance, A~tfcle III, Section 301, for permission to divide property with less than required a~ea amd frontage. Location of property: west side of Beebe D~ive, Cutchogme, New York, bounded and described as follows: north by J. Hatater and wife; east by Beebe Drive; south by J. T. Beebe; west by Eugene's Creek. ~ee paid $15.00. The Chairman ~oened the hearing by reading the application for a variance, legal notice of hea~ing, affidavit attesting to its publication in the official newspapers, and notice to t~ applicant. T~ C~AIRMAN: The application is accompanied by a sketch which shows the proposed division would result in one lot of 38,500 sq. ft- plus or minus, and 36,%00 sq. ft. pl~s or minns. It would face on Beebe Drive and the creek. The sketch indicates ~hat lots across the street are generally smaller in area than the two proposed new lots. Lets 33, 34, 35 a~d 36 are all 100' x 220' appreximate~v and'this is considerably smaller than the p~oposed lots. Eeuthold Town Board of Appeals - 6 - January 25, 1973 T~ OHAIR~N: Is there any one present who wishes to speak for this application? WILLIAM WIOKHA~I, ESQ.: I prepared this application in behalf of ~L~. Manning. I would like to have had him here but he is in ~outh Dakota. He is asking that he be allowed to have lots that correspond with the development. I did file a sketch (zerex) of pa~t of the development and would be glad to show you the full development se that you can see that these lots do correspond. Mr. Manniugts and Nm. Beebe~s lots were purchased before the map was filed. All lots do oo~espond to approximately one half acre and all lots except the odd shaped ones are 100 Feet in width. THE CHAIRNAN: D~es anyone wish to speak against this appltcat ion? ~L~. JOSEPH HATAIER: I live adjacent to this property to the northJ ~y figures might be wrong but I believe these lots come out at 33,650 sq. ft. ~R. WICK~ .AN~: It is 36,500 sq. ft. and 38,500 sq. ft. MR. H~_TAIER: There is a good portion of this p~perty that they can not use unless they intend to fill it because of the marsh land. t dontt know whether they would be allowed to fill it. If there were a request it w~mld have to go through the T~Wn Board. Quite a few of the neighbors would have liked to get here and asked me to make ap a petition to jsee ~hat the neighbors think about it. They sue nearly 1005 opposed to having less than one acre zoning. I would like to submit this petition containing the names of ~4 people representing practically the enti~e neighborhood. TO ~he Seuthold TOWn Zoning Board of Appeals January 22, 1973 we, the undersigned, do oppose the g~anting of a variance im accord- ance with the Zoning Ordinance, Article III, Section 301, for permission to divide the property known as the Manning Property, located on the west side of Beebo Drive, Cutchogue. John T. Beebe, 1750 Beebe Drive, Cutchogue Edith E. Beebo, 1750 Beebo Drive, Cutchegue Donald Cord, Beebe Drive, Cutchogue Valerie Co~d, Beebe Drive, Cutehogue Mr. and F/~s. Rebert Do~oski, Deerfoot Path, Cutchogue James ~. ~itzpatrisk, Deer Poo~ Path, Cutchogue Moma J. Fitzpatrick, Deer ~oot Path, Cutohogue George A~ ~itzpatriek, Cutehogue Mary Ellen~itzpatrick, Cutchogue R. Jeffery Rehm, Deerfoot Path, Cutchogue Luella J. Rehm, Deerf~ot Path, Cutchogue Nm. and Mms. Matthew J. Nartin, 300 Deerfeot Path, Cutchogue Lira R. Ballman, Beebe D~ive, Cutohogue Roland W. Ballman, Beebo Drive, Cutchogue Southold Town Board of Appeals - 7 - January 25, 1973 Petition cont'd: Kim Ballman, Beebo Drive, Cutchog~e Frederick A. Cantrell, Antler Lane, Cutchogue Nancy Cantrell, Antler Lane, Cutchogue Mr. & Mrs. Joseph Edward Hataier, Platt Road, Orient, N. Y. Mr. &Nfs. Ch~'istian Rasmussen, Beebo Drive, Cutchogue Ch~istfan Ras~ssen, Beebo Drive, Cutchogue Mr. and N~s. Schneider Joseph G. Nataier, 1~00 Beebo Drive, Cutchogue Anna Hataier, l~00 Beebo Drive, Cutchogue William T. Hlggins, 1~55 Beebo ~rive, Cutchogue Nancy E. Htggins, 1455 Beebo Dr~ve, Cutchogme Frank Ferreri, 1775 Beebo Drive, Cutchogme Frances Ferrert, 1775 Beebo Drive, Cutchogue Naryann E. Ferre~i, 2135 Beebo Drive, Cutchogue Edward Buchak, Beebo Drive, Cutchogue Felicia Buchak, Beebo Drive, Cutchogue N~.& Mrs. A. Barbizene, Beebo Drive, Cutchogue (spelling not de c lpherab!e ) Lester Seaman, Beebo Drive, Custchogue Ann B. Seaman, Beebo Drive, Cutchogue Jobn F. Phillips, Beebo Drive, Cutchogue Jane H. Phillips. Beebo Drive, CutchOgue ~. and N~s. Wesley J. Simehick, Beebo Drive, Cutchogue Chester Kaloski, Cutchogue, N. Y. Genevieve Ealoski, Beebo Drive, Cutchogue TEE ONAIR~AN: this petition. NR. NATAIER: it. We appreciate the work you have done to get Some of the signers are very m~ch opposed T~ CE&IRNAN: Does anyone else wish to speak? MR. J0~I~BEEBE: I believe that the houses would be very close together and that we would go back to the old way. I know that there are other lots that can't be changed but this lot was to be one complete lot without subdivision. When I built m~ house I took that into consideration and placed it so it would not be close to any other house that would be built in the future. F~RYANNFERRERI: I live across the street and so do my parents. You would force them into the position where they would be one driveway away from a neighbor. We doubt very much if it will be a pa~ticula~ private interest. It might be more toward speculation. I realize the law we~ld be em the side of the property owner and builder'but we have evidence of bastardization of property on Moose Trail... the homes that are going up under speculation of George Ahlers on Moose Trail. I object te the character and quality o£ the construction. Southeld TOWn Board of Appeals - 8 - January 25, 1973 THE CHAIRMAN: We have no control over the~sthetic concepts of a home. That is not controlled here~ What we are concerned with here is use of land. It is not determined by a popularity contest. That could not affect our decision. Even though all of these people are against the application, it can not affect our decision because what we are involved with here is use of property which would be superior to what is there. These lots would be larger than some of the surrounding lots. We can not give an adverse decision because some people are worried about what may be built. MRS. FERRERI: New you a~e calling for a variance to open the door for further variances. THE CHAIRNAN: ~ ~on't believe anyone has ever created a Zoning Ordinance which fit every situation perfectly. When you make lets bigger it doesn't always affect lets which are left in su~oundtng areas. Ther~ is no way to enlarge some of the lots. You can'~t take a plan and set it down on a com,~_~nity that is 200 or 300 years old and make it fit. TBE C[~IRNAN: Is there anyo~ else present who wishes to speak for or against this application? (There was no response. ) After investigation and lnspeetfon the Board finds that applicant requests permission to divide property with less thau required area and frontage on premises located on the west side of Beebo Drive, Cutchogue, New York. The Board finds that the proposed division would result in one lot of 38,500 sq. ft. ±, and one lot of 36,%00 sq. ft.~, and that lots across the street are generally smaller than the two proposed lots. Lots 33, 34, 35, 36 and 37 are all 100' x 220', approximately, which is considerably smaller than the proposed lots. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Nr. Gillispie, seconded by ~. Bergen, it was REEOLVED Wtlliam Manning, 1507 South 7th Street, Aberdeen, ~outh Dakota, be GRANTED permission to divide property with less than required area and frontage on premises located on the west side of Beebo D~fve, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals - 9 - January 25, 1973 PUBLIC HEARING: Appeal No. 84 - 8:10 P.M. (E.S.T.), upon motion of Board of Appeals to reconvene hearing on Application No. 84, George G. Wetmore, Island View Lane, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, C-6, d and f, for permission to maintain ground sign on premises located west side of Main Road, GPeenport, bounded and described as follows: north by Albertson Lane; east by Main Road; south and west by A. Cassidy and others. The Chairman opened the hearing by reading the legal notice to reconvene hearing on special exception, affidavits attesting to its p~blicatlon in the two official newspapers of the Town, and notice to the applicant. The Chairman also read the original Application No. 84 dated August 1~ 1958, and the Action of the Board dated August 28, 1958, as follows: SPECI~LEXOEPTION: By resolution of the Board it was determined that the special exception be granted to erect er relocate an existing advertising sign and the permit te erect this sign is valid until revoked. This sign m~st be at least 5 feet from a~y property line and is to be moved 55 feet north of the p~esent location to a site selected by the engimeering department of the grate Eighway Department. Location: north side of Main Road, opposite Kerwin Blvd., Arshamomaque, Greenport, N. Y. THE OH~IRNAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CN~IRNAN: Is there anyone lmmesent who wishes to speak against this application? (There was no response.) MR. EOW~RD TERRY, Buildimg Inspector: The permit to erect this sign was valid until revoked. Mr. Wetmvre has sold his original home and built a mew home on Bay Shore Road. He is not permitted to have a real estate office in it so he constructed an office on Main Road. He wants to maintain two signs which No one is permitted to do. After investigation and inspection the Board finds that there has been a change in the facts surrounding the reasons for granting this ~pecial Exception on Appeal No. 84 in 1958. The applicant's present business office is located in OB" Light Business District and is permitted one detached ground sign. This sign is already in existence. The Board agrees that the original detached ground sign which was granted in 1958 .must be removed for applicant to conform with the regulations of the Southold TOWn Zoning Ordinance. ~outhold Town Bosmd of Appeals - l0 - January 25, 1973 The Board finds that the public convenA~nce and welfare and Justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured ~nd the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie, seconded by ~. Bergen, it was RESOLVED that the Action of the Board of Appeals on Appeal NO. 84, dated August 28, 1958, be RESCINDED for the reasons stated and, accordingly, the sign which was granted in 1958 shall be removed within a reasonable length of time. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis. PUBLIC ~HE~.ING: Appeal No. 1708 - 8:15 P.M. (originally scheduled for 7:40 P.M.), upon application of Ethel E. Wortis, South Harbor Road, S~thold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-l, for permission to make two fami]~v dwelling out of existing dwelling. Location of property: west side of South Harbor Road, Seuthold, bounded and described as follows: north by Stankewicz and Eerie.n; east by South Ha~bor Road and others; south by Richmond Creek, west by Richmond Creek. l~ee paid $15.00. 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 newspaper, and notice to the applicant. THE CNAIRNAN: The application is accompanied by a topographic m~p tmdicattng that the main house is a lom~ distance from So~th Harbor Road, in fact, the access is about one half mile. The main h~ase consists of a three story portion and a two story portion. There a~e three other houses and some outbuildings shown on the propert~V. THE CEAIRNAN: Is there ar~v one p~esent who wishes to speak for this application. ETHEL E. WORTI~: (referring to map) This is m~ sister's house and~this is m~ sister-in-law's house. On my part there is a summer cottage and barns. T~E CEAIRNAN: Y~r sha~e is 90 acres approximately? MRS. WORTIS: Yes. Southold Town Board of Appeals - 11 - January 2%, 1973 TEE CHAIRMAN: The Board agrees that thisis a reasonable re quo st · TM C~IRMAN: 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 permissi!om to make two family dwelling out of existing dwelli~ en premises located on the west si~ of SOUth Harbor Road, S~thold, New York. The Board finds that applicant is the owner e£ approximately 90 acres of land; the access is about one half mile in length. The main house consists of a .three story portion and a two story portion which the applicant proposes to make into a two family dwelli~. The Board a~ees 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 adjoininguse districts Will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by ~. Gillispie, seconded by Mr. Grigonis, it was RE~O~VED Ethel E. Wortis, South Harbor Eoad, Southold, New York be GR~NTNDpermission to make two family dwelling out cf existing dwelling located on the west side of South HarborRoad, SoUthold, New York, as applied for, subject to the following conditions: That access shall be over the present access as described in the topographic map attached to the application. That there shall always be two acres of property (80,000 sq. ft.) surrounding the main house that is proposed to be made into a duplex so that it shall not violate any of the provisions of the Ordinance. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. P~BLiC HEARING: Appeal No. 1712 - 8:20 P.M. (E.S.T.), upon application of JOseph Frohrzhoefer, ~in Road, Southold, New York, for a variance in ace~dance with the Zoni~ Ordinance, A~ticle VII, Section 701 and Bulk Schedule for permission to b~ild addition to store with insufficient setback and side yard. LOcation of property: south side of Mai~ Road, Southeld, NeW York, bounded and described as follows: north by ~ain Road; east by Southold 0il Co. and' others; south by C. Turner; west by D. Rothman. Fee paid $1%.00. Southold Town Board of ~kppeals - 12 - January 25, 1973 The Chairman epenedthe hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. T~ CHAIRMAN: The application is accompanied by a series of blue prints, the last one ef which indicates the plot plan. THE CNAIRNAN: Is there anyone present who wishes to speak for this application? ER. JOSEPH FROHNHOEFER: I am here to speak for it. THE CHAIRNAN: Did you give any consideration to the parking requirements? MR. FROHNHOEFER: If we extended to %he rear we would eliminate the present and future parking'facilities. The reason for the ex- pansion is te be out on the l~ain Road with the other steres. People don~t always see ~ur store. T~ Ct~kIRNAN: What I meant was whether you had studiedthe Bulk Schedule which requi~es 350 sq. ft. of parking for every 10G sq. ft. of sales space. It looks as though your addition is somewhere around 4,000 sq. ft. The old building is 1765 sq. Is there amy part of the old building that is used for sales on the second floor? MR. FROHNHOEt~ER: Just the Shade area which would probably be discontinued. THE CHAIRNAN: The total area would be 5765 sq. ft. That would require 57 parking spaces if all ef the area were sales area. MR. FROHNH~: We would have some storage area. THE 0HAIRNAN: There would be no area variance granted in ~outhold. The County have never permitted a variation for parking as far as I know. Parking is a permanent problem, you can't use public streets for parking, we would not want to vary the parking requirements as set forth in the Bulk Schedule. You also have to have entrances and exits. NR. ~ROHNitOEFER: We do have additional parking to the east, m~ own lamd. THE CHAIRMAN: I think you will have to come up with a formula which fits the Bulk Parking Schedule, adapt these plans, and consult with the Building inspector. Southold TOWn Board of Appeals - 13 - January 25, 1973 MR. FROHNHOEFER: All of the new proposed area will be used for sales and the rest of it will be for storage. There will be office apace and storage. The main reason for putting an addition on is to have show room space. (The Board and i~r. Frohnhoefer studied and discussed the plan). I~R. ROWED TERt~f, Building Inspector: From the entrance on Young's Avenue he can pick up eight to ten spaces on his own property. It doesntt show on the plot plan but it is contiguous to it, the same ownership. ~R. FRONNNOEFER: Rothman's is set back 1 foot, the gas station about 30 feet, and the drug store ia encroaching on TOW~ property. TEE CE~IRNAN: If you take an average of all of these 5 feet or 7 feet would not be too bad. MR. FROHNHOEFER: The entire building will be steel and concrete block. The plans have been sent to Albany and have been approved by the State. THE CHAIRMAN: We will have to have a new plot plan showing how yen plan to handle this parking problem. If this store were ever sold the parking has to go with it. This is s preliminary discussion. The bulk schedule has to be correct. MR. PROHNHOEFER: Do y~ have any questions about the design of the building? THE CHAIRI~N: '~e dontt have any restrictions but we do hope it will be attractive. Check it over and bring us a new sketch showing parking and side yards Om motion by Mr. Gillispie, seconded by Mr. Bergen, it was REEOLVED to postpome decision on Appeal No. 1712, Joseph F~ohnhoefer, Maim Road, ~outhold, New York. Vote of the Board: Ayes:- Eeswrs: Gfllispie, Bergen, Grigonis. PUBLIC ~ING: Appeal No. 1713 - 8:30 P.M. (E.~.T.), upon applXcatlon of Charles A. Gagen, Pine NeCk Road, Southold, New York, for a varlamee in accordance withthe Zoning Ordinance, Article III, ~ection 301, for permission to set off lots with less~than required areaand f~ontage. Location of property: south side of Clearview Avenue, SOUthold, b~nded morthby Clearview Avenue; east by Gagen's Lamdimg Road; south by Joh~Gagen; West by School. Fee paid $15,00. Eouthold TOWn Board of Appeals - 14 - January 25, 1973 The Chai~mau opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publ~catiqn in the official newspapers, and notice to the app!~cant~ The Chairman read Building Inspector's Notice of Disapproval for the reason that lots do not have 40,000 sq. ft., or 135 foot frontage. The Ch~lrm~n also read letter from the Southold Town Planning Board, sighed by ~. John Wic~bam, Chairman, addressed to the Seuthold TOWn Boa~d of Appeals, dated November 30, 1972, as follows: "The Planning Board has told F~. Gagen that he must submit map of his property at Seuthold to the Board of Appeals for a variance. These lots are slightly undersized but we would favor approval of this on the part of the Appeals Board because the original submission was for fo~r lots. On July 18, 1972, we required the developer to reduce them to three lots, which has been done." THE CHAIR~N: Was this minor subdivision approved? HOWARD TEREY, Building Inspector: Yes. TEE CHAIR~N: The a~ea of the three lots is 33,200 sq. ft._+, 34,900 sq. ft._+ and 36,400 sq. ft.-+. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RENESELA~R G. TERRT, ESQ.: I appear in behalf of Charles A. Gagen. I might indicate that the notice did not properly describe the ~roperty in that it should' have said "south by Goose Creek" and ~west by Hassler". I think anyone who can not locate the property should make further inquiries so I don't think it's a . jurisdictional defect. The application speaks for itself. M~. Gagen thomght he had to have four lots there because he had adjusted to suit the ce nveniemee of the S~perintendent of Highways when the public highway was put in. It has been of benefit to the Town because community eo3~.eges have had some sort of ecological studies on shellfish. He is more or less boxed in and it seems this wo~ld be a proper situation for granting the variance. TNE CHAIRNAN: What about the size of the lots across Clearview &venue? ~R. RE~NSSELAE~R G. TERRY: They are abo~t 100 feet by 125 feet, 12,500 square feet. THE CHAPMAN: So the proposed lots are two or three times the size of those across the street. Southeld Town Board of Appeals T~ C~itNAN: Is there anyone present who wishes to speak against this applicat ion? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to set off lots with less than required area and frontage. The findings of the Board are that the majority of the lots in the area are smaller in size, and that the proposed lots have Planning Board approval. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce p~actical difficulties or unnecessary hardship; the hardship created is unique and weald not be shared by all properties alike in the immediate vicinity of this property and in the same use dist~i~t; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by M~. Grigonls, seconded by 1~'. Bergen, it was RES0LVEDCharles A. Gagen, Pine Neck Road, Southold, New York, be GRANTED permission to set off lots with less than required area ar~ frontage on premises located on the so~th side of Ctearview Avenue, ~outhold, New York, as applied for. Vote of the Board: A~es:- ~essrs: Gillfspie, Bergen, Grigonis. PUBLIC NEAREG: Appeal No. 1706 - 8:[~0 P.M. (E.S.T.), upon application cf Theodore and Jacqueline Bittner, Soundview Avenue, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-12, for permission to amend his special exception to build an enclosed riding and training ring in a building to be located north of the present riding ring. Location of property: south side of Sound View Avenue, Sou~hold; bomnded north by Sound View Avenue; east by Booth & Lebroski; so~th .by County Road 27 (Middle Road); west by S. Sepenoskl. Fee paid $15.00. 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 newspaper, and notice to the applicant. THE C~: The application is accompanied by a sketch which indicates the applicant proposes to build a new arena 80~ x 200" at a distance of approximately 300' from the road, and about 30 ' further north than the existing riding ring. Southold TOWn Board sol Appeals - 16 - January 25, 1973 THE CHAiRNAN: Is there anyone present who wishes to speak for this application? ~R. ROBERT EOELLER: i would like to speak for %jme applica- tion. THE CHAIRMAN: Are you connected with the riding stable? MR. MOELLER: I ride horses and I own horses. I have worked with a youth Eroup and I am well aware of the facilities of the Town, and I think this is something else they can take advantage of. There was a great interest in horseback riding at $~athold School last year but it fizzled out because of a lack of facilities. I think this would provide an outlet for the kids to follow through. THE CHAIRMAN: How many horses are presently accommodated? MISS BITTNER: Sixteen. THE CHAIRi~N: MIS~ BITTNER: THE CHAIRNAN: MISS BITTNER: THE CHAIRMAN: MILS BITTNER: What,s the capacity? Twenty. There are twenty horses in the summer. How frequently are they in use? They all go out. What is the average length of time? An ho~r. In the winter time the b~siness drops down. When the wind blows itts so cold. I feel that with an in- door ring I can keep it going. MR. BERGEN: When you have twenty horses are they for renting out or are some privately owned? Miss Bittner: ~ome are privately owned and they' only go out with the owner. MRS. W~ARRE~ GEBHARDT: i have been encouraging Miss Bittner to do this for some time. I feel it is good for the community. I am a member of the Greenport Hospital Auxiliary' and the horse show has turned over quite a bit of money to the hospital. We have been fortunate to have good weather when the show has been PUt on but if we did run into rainy weather the show would have to be cancelled. The show is held over a Labor Day weekend and with an indoor ring we would not ~ose a substantial sum of money for the hospital. I am speaking for the Hospital Auxiliary. We handed the hospital $1,200 last year. THE CHAIRMAN: Miss Bittner, how many shows do you have? Southold Town Board of Appeals - 17 - January 25, 1973 NZES BITT~ER: Just one for the hospital. TEE CHAI~N: How many would you plan to put on? MIS~ BITT~R: That ~ s something for the future. THE CHAIR~N: We are concerned because of parking and seating capacity. MISS BITTNER: As far as parking is concerned, we have so much acreage. THE CHAIRMAN: You would have to pave it. I think you would p~obably have to strip the loam off and PUt in bank run with sand and gravel. MISS BITTNER: It could not be a hard surface. MR~ HOWARD TERRY, Building Inspector: It would have to be firm enough to hold up cars. MRS. GEBHARDT: When we have a horse show the people start coming in the morning. There.must have been 800 or 900 people coming and going all day at the last show. TEE CHAER~N: Wv are not particularly in favor of shows where you charge admission. MISSBITTNER: Whenever there is a show it is a dedication to the hospital, theheart fund, or something like that. People really enjoy it. Every year I take a bus load of people to Madison Square Garden for the horse show. THE CHAIRI~N: What seating capacity would you expect to install? Miss Bittner: I hope to set up a lounge. Just for now, I would put a ring in and PUt a wooden ring inside. Later I would like to put a lounge in. The lounge would be behind glass and on top there would be a grandstand. The building is going to be 80 feet across so you have to build a fence inside so the horses don~t run in to girders. M~. MOELL~R: She means about 5 feet from the outside, 70 feet across the middle. THE GNAIRF~N: If you added a grandstand would you add it to the buitding~ MISS BITTNER: I have seen it done both ways. Seutheld TOWn Board of Appeals - 18 - January 25, 1973 THE C~IR~: I have discussed with our Town Attorney the question whether it is Agricultural use. In his opinion it is Business use in an Agricultural area so this building would be subject t° the same fees for that ty. pe of use, Which is $50.00 for the first lO,000 sq. ft. and 10~ a foot beyond that. I argued that this was a permitted use. in 'an Agri.cUltural asea (riding stable). Our attorney says mt is a BUszness use which is permitted in a Residential area such as a gasoline service station is permitted. This is his clearcut opinion so we are guided by Counsel as far as fee is concerned. You will have to determine and locate the parking field to service the present operation and the proposed new ring and it should be adequate. MR. HOWARD TERE~, Building Inspector: It would be related to the seating capacity of her bleachers in the future. THE C~IRNAN: It has been stated that 800 or 900 people have been there in one day se yen should be a little generous. MIS~BITTNER: The grandstand would seat 75 people. THE CHAIRMAN: A condition of granting this appeal would be that you allow space for at least 20 ca~s. We would also require that there be no admission charge at the entrance to the ring. NISS BITTNER: This appeal is Just so i can continue my business when it's raining. According to the American Horse Show Organization they are not permitted to hold charity affairs for profit. TEE CHAIRF~N: 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 amend his special exception to b~ild an enclosed riding and training ring in a building to be located north of the present riding ring on premises located on the southside of Soundview Avenue, Southold, New York. The findings of the Board are that the indoor ring would be used during the winter months and in rainy weather; the proposed building will be 80~ x 200~ and will be located north of the present open riding ring; the a~ea of the pr~nerty is over 90 acres. The Boa~d agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and J~stice 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. Southold Town Board of Appeals - 19 - January 25, 1973 On motion by Nr. Gillispie, seconded by F~. Grigonis, it was RESOLVED The~ore and Jacqueline Bittner, Seundvtew Avenue, $outhold, New York, be GRANTED permission to amend special exception to build an emclosed riding and training ring, as applied tier, on premises located on the south side of Soundview Avenue, ~outhold, New York; subject to the following conditions: That the location of this 80' x 200' masonry and syeel building be at least 300 feet from the County' Road 27. 2. That this building be placed at le~ast 100 feet from the westerly or easterly boundary of the property. That there shall be no admission charged for entrance into this building except in instances where the ring is used for local charitable purposes. That a parking lot be provided on the premises for at least 20 cars, by' means of stripping topsoil off and filling with bank run subject to approval of the Building Inspector; and that access from the Main Road be provided to the parking lot. 5. There shall be no seating provided unless applicant amends application at a later date. The opiniom of the Board is that this is not an Agricultural building and should be subject to fee schedule noted in Article XV, para. l0 (a), under Hotels, l~otels, Business and Industrial buildings: New Construction- $50.00 plus $.10 for each square foot of floor a~ea over 10,000 square feet. Vote oti the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. For the Record: Letter dated January 11, 1973 from M~. Adolph Westerlund, Parade Chairman, Southold Fire Department, received, requesting permission to PUt up pester advertising third annual parade and tournament en July 7, 1973, rain date July 8, 1973. On motion by M~. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Southold Fire Department be granted permission to put up poster advertising Third Annual Parade and Tournament to be held July 7, 1973, rain date July 8, 1973; the pester to be removed within a week after ~he parade and tournament. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. ~outhold TOWn ~oard of Appeals - 20 - January 25, 1973 On motion by N~. Gillispie, seconded by Nm. Grigonis, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.E., Thursday', February 15, 1973, at the Town Office, }iain Road, Southotd, New York. Vote of the Board: Ayes:- Messrs: GilliSPie, Bergen, Grigonis. On motion by Nr. Gilltspte, seconded by M~. Bergen, it was RE~OLVED that the minutes of the Southotd TOWn Board of Appeals~ dated Janmary 4, 1973, be approved as submitted, subject to minor correctiom. Vote of the Board: Ayes:- Messrs: Glllispie, Bergen, Grigenis. On motion by Mr. Grigonis, seconded by Nm. Glllispie, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, February' 15, 1973, at the TOWn Office, Main Road, Se~theld, New York, as the time and place of hearing upon application of Village ~larine of Nattituck, Inc., Bay Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 600 C-3(c) and Article XI, Section llO0 for permission to erect an additional sign (third sign). Location of property: east side Bay Avenue, Mattituck, bounded north by L. Hoder et al; east by' Private Road; south by James Creek; west by Bay Avenue. Vote of the Board: Ayes:- Messrs: Glllispie, Bergen, Grlgonis. On motion by Mr. Gillispie, seconded by ~. Bergen, it was RESOLVED that the Southold TOWn Board of Appeals set 7:45 P.M. (~.S.T.), Thursday, February 15, 1973, at the Town Office, Main Road, Southeld, New York, as the time and place of hearing upon application of The Great Atlantic & Pacific Tea Co., 650 Stewart Avenue, Garden City, New York, for a special exception in accordance wi~h the Zoning Ordinance, Article VI, Section 600 C-3(a) for permission to erect oversize ground sign. Location of property: Southold TOWn Board of Appeals - 21 - Jar~ary 25, 1973 north side of Main Road, Matttt~ck, bounded north by Bethany Cemetery; east by Betha~ Cemetery; south by Main Road; west by' ArdprOp Inc. and Factory Avenue. Vote of the Board: A~ves:- Messrs: Gfllispie,' Bergen, Grigonis. On motion by Mr. Bergen, seconded by Mr.'Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P~M. (E.!~.T.), Thursday, February 15, 1973, at the Town Office, Main ROad, iS~thold, NewYork, as the time and place of hearing upon application of George Bird, Luptons Point Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, A~ticle III, Section 300 B-14 for permission to conduct an auction sale on property of Vincent Bialeski. Location of property: ~seuth side of Oregon Road, Mattit~mk, bounded north by 0regon Road; east by J. Zuhoski et al; south by L. Tuthill; west by Elijahs Lane. Vote of the Boa~d: Ayes:- Messrs: GillisPie, Bergen, Grigonis. On motion by Mr. Gtllispie, seconded by ~. Grigonis, it was REEOLVED that the Southold Town Board of Appeals set 8:~5 PjM. (E,S.T.),Thursday, February 15, 1973, at the Town ~0ffice~ ~tn Read, ~outhold, New York, as the time ahd place of hearing uponapplication of George Bird, L~ptons Point Road, Mattituck, New Y~rk~ for a special exception in accordance with the Zoning 0~dlnance, Article III, Section 300 B-14 for permission to conduct an auction sale on property of Edward Charnews. Location of property:' south Side of Main Road, Pe¢onic, bounded north by ~imRoad; east by P. Wenzel; so~th by Leslie Road; west by A. Krupski and wife. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. motion bY Mr. Grigonis, seconded by Nm. Bergen, it was RESOLVED that the Southold ToWn Beard of Appeals set 8:15 P,M. (E,B.T.),~Thursday, February 15, 1973, at the Town Office, Main Road, S~thold, New York, as the time and place of hearing Southold Tow~ Board of Appeals - 22 - January 25, 1973 upon application of ~dward Pelietteria, 1438-143 Street, Whitestone, New York, for a variance in accordance with the Zoning Ordinance, A~tlcle III, Section 303 and Bulk Schedule, for permission to redmce required setback of house. Location of property: Budd Pond Road, Southold. Lot #16, ~iap of Willow Point, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grtgonis, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.S.T.), Thursday, February 15, 1973, at the TOWn Office, Maim Road, Se~thold, New York, as the time and place of hearing upon application of Warren and Dolores Ritzer, 71 Nadel Drive, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to use existing building with insufficient setback for business purposes. Location of property: north side of Main Road, Laurel, bounded northby J. 0'Connell; east by J. OIComneI1; south by Main Road; west by Mattituck Holding Corp. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Bergen, seconded by ~. Grigonis, it was RESOLVED that the ~outhold Town Board of Appeals set 8:4.% P.M. (EJS.T.), Thursday, February 15, 1973, at the TOWn Office, Main Road, ~outhold, New York, as the time and place of hearing upon applieatto~ of Jack Driseoll, North Oakwood Drive, Laurel, New York, for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Right of Way, north Side of Henry's Lane, Peconic, bounded north by E. Axion; east by private read,and Peceuic Shores Subdivision; south by Garido amd others; west by Right of Way' and Waimey. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motio~ by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold TOWn Board of Appeals set 9:00 P.M. (E.S.T.), Thursday, ~ebz~ary 15, 1973, at the TOW~ Office, Main Road, Southold, New York, as the time and place of hearing Southold TOwn Board of Appeals - 23 - January 25, 1973 upon application of Stanley J. Waimey, Orchard Street, New Suffolk, New York, for a variance in accordance with the Town Law, Section 280A, for approval of access. Location of property: north side Henry ls Lane, Peconie, bounded north by Axion; east by Right of Way and Driscell; south by Four Sails Realty Corp.; west by C.P.F. Land Corp. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Nr. Bergen,~ seconded by ~. Grigonis, it was RESOLVED that the Southold TOWn Board of Appeals set 9:15 P.M. (E.S.T.), Thursday, February 15, 1973, at the Town Office, Main ROad, Southold, New York, as the time and place of hearing upon application of John Christie, 320 Front Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article XII, ~ectio~ 1204 and Bulk SchedUle for permission to add aud improve existing non-conforming buildings to make a total of five dwelling units of existing non-conforming camp buildings. Location of property: east side of Bray Avenue, Laurel; bounded north by E. Klett; east by Wells Read; south by Wells Road; west by Bray Avenue. Vote of the Board: Ayes:- Messrs: Gil!ispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by M~. Bergen, it was RE~OLVED that the Southe!d Town Board of Appeals set 9:30 P.M. (E.$.T.), Thursday, February 15, 1973, at the Town Office, Main ROad, ~outhold, New York, as the time and place of hearing upon application of George Kaytis, Main Road, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article III, ~ectiOn 301, for permission to set off lot with less than minimum width. Location of property: east side of Robinson Road (off Right of way); bounded north byB~yd; east by Peconic Bay; south by Neefus; west by Right of Way and Neefus. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town BOard of Appeals - 24 - January 2%, 1973 On motion by ~. Grigonis, seconded by ~. Gillispie, it was RESOLVED that the ~euthold TOWn Board ef Appeals set 9:~5 P.M. (~.$.T.), Thursday, February 15, 1973, at the TOWn Office, Main Road, Southold, New York, as the time and place of hearing upon application of XenophOn Damianos, Main Street, Stony Brook, New York, for a variance fm accordance with the Zoning Ordinance, Article X, ~ection~1008; ArtiCle XII, Section 120~, for permissio~ to amend Board of Appeal decision on Appeal #1394, in regard to layer and design of buildings for proposed renovation of Greenport Homes. Location of property: s~th Side ef Main Road (Route 25) and west side of Ninth Street, Greenpert, Map of Greenport Homes. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. The Meeting was adjourned at 10:30 P.M. Respectfully submitted, MarJorie ~icDermott, Secretary Southo!d TOWn Boa~d of Appeals