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HomeMy WebLinkAboutZBA-06/28/1973 -~I3UTHOLD, L. !., N.Y. 119~71 Telephone 765-96~0 APPEAL BOARD MEMBER Robert W, Gillispie, ,Jr., Chairman Robert Bergen Charles Gri~onis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MTNUTES Southold Tewa Board of Appeals June 28, 1973 A regular meeting of!the Seuthold Town Board eft Appeals was held at ?:30 P.Mo, Thursday, Ju~e 28, 1973, at the Tew~ 0ffiee, ~ain Road, Southold, New York. There were present: ~essrs: Rebert W. Gillispie, Jr., Chai~am; Rebert Bergen; Fred H~lse, Jr.~ Charles Grig~nis, Alee present: M~. NeWard TezTy, Building Inspector PUBLIC HEARING: Appeal Ne. 1796 - 7~30 P.M. (E.S.T,), aFpligatien ef Joh~ Cha~news, Main Road, Southeld, fera variance in aeeerdanee with the Zoni~g0rdinanees Artiele III, See$ien a~d the Bulk Sehedmie, for Permission to divide lots with less 0aklawaAvenue, Southeld, bo~uaded north by Seheol District east by OaklawaAvemue; seuth by L. Baker a~d others; west by L, Baker ~d e~herso Fee pa~d The Chairman epeaed the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting te its publication in the official newspapers, a~ notice to the applioant. THE CHAIRMAN: Is there anyone present who wishes to speak for this applioation? Southeld Town Board of Appeals -2- June 28, 1973 MR. JO~N 0HAHNE~ I sold fou~ bmildin~lots to the school and kept two building lets. I should h~ve registered it but I did not do anything about it. At that time there were half acre lots. THE CHAIRMAN~ Your proposal is to divide this into two lots w~th 100 foot frontages Do you have a survey? MR. CHARNEWS: Mr. Van Tuyl eurveye~ it when I sold to the school. I kept 200 feet for two buildin~ lots and the rest I sold to the school. I h~ve two hundred foot road front~e and about three-quarters of an acre on the first lot. THE CHAIRMAN= The second lot, nearest to the school, comes out to about 30,000 sq, ft. There are three lets directly south'of you which are one half acre lotl the lots on Jockey Creek are generally one h~lf aero lots~ the lots next to the High School are less than half aA acre. What size is the Grigonis property across the street from you? MR. OHARNEWS: I am not sure, MR. CHARLES GRI~ONIS, Jlq.~ They were laid out as one half acre lotS. The PlanningBoamd approved it but it is not registered. THE CHAIRMAN~ Would these lets of yours have town water? MR. CHARNEWS~ They have town water, gas, electricity, everF- thing. MRS. JEAN TIEDKE (League of Women Voters): Will the Grigonis lots remain as one hail acre or will they go to one acre? MR. GRI~ONIS~ The Board of Health was going to enforce 40,000 sq. ft. but it was laid out with roads to fit one half aero lots. The roads would have to be chan~ed and re-surveyed. MRS. TIEDKE~ I quo*fished that because it is becoming a populated area and it is close to the school. THE ~~ I thinktheBoard would have to conclude that we are in a borderline area hers. The lots directly SOuth are one haif aero lots and the properties across the street on OaklawnAvenue, as you ge out, are considerably smaller. In view of ~he fact that both of these properties are served by public water, one lot being 21,000 sq. ft. and the other lot being 30,000 sq. ft., I think the Beard would have difficulty support~ag a de~ial. MRS. TIE~EE: On the other h~d, regarding water and sewage, it does p~esumably flow down robed Jockey Creek. Southold Town B~ard of Appeals -3- J~une 28, 1973 THE CHAIR~M~N~ Our Town Counsel advises us that we should be largely guided by surrounding a~ea as to the size of lots. There are a number of places that dontt fit the Zoning 0rdinance, and that is one of the reasons we bay, been accused of doing the Zoning Ordinance a bad turn. There are many borderline cases where people have two houses on a lot and wish to divide the lot. In many cases it appears as though we are violating the Zoning Ordinance but if we denied~ it would be a hardship, MRS. TIEDKE~ I think where the houses are existing, it is somewhat a different situation. THE CHAIRMAT{: The bulk of our cases tozight ask for a division of property. We have to judge by the surrounding area. MRS. TIED~E: The League of Women Voters is not against granting where there are houses in existence. Where the lot is untenanted~ it is different. THE CHAIRMAN: Everyone is considered to have a financial hardship. This applicant has n~t said that he bas a financial hardship, MR. CHARNEWS: I don~t knew -,~len I will build. I would like to have approval for two lots as I want to keep two lots in the family. The school would have bought it all but I want the family to have two lots. THE CHAIRMAN~ Does anyone else wish to speak against this application? (There was no response,) After investigation and inspection the Board finds that applicant requests permission to divide lots with less than requi~ed area and frontage on property located on the west side of OaklawnAve~ue, Southold. The findings of the BOard are that this property is served by public water and ~at properties in the surrounding area are generally one half acre or less in size. The BOard agrees with the reasoning of the applicant. The Beard finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship~ the hardship created is ~-ique and w~ld 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. Southold Town Board of Appeals 1973 On motion By Hr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Jclm Che~news, Ma~n Road, Sou~hold, New York, Be ~R~NTED permission ~e divide lots ~th lees t~ req~ed Vote o£ the Beard~ Ayes:- Hessrst Gillispie, Bergen, Grigenis. PUBLI0 B~.ARING: Appe=l Nc. 1797 - 7=~0 P,M. (E.S.T.), upon application of Philippe Maitrejean, Box 888, Sound Avenue, ~attituck, for a variance in accordance with the Zoning Ordinance, Article [[[, Section 301 a~d the Bulk Schedule, for permission to divide lots with less tBa~ requi=ed area. Location of property: north side Ruth Road, Mattituck, boun~ed north byLong Island Soundt east ~yB. Vreelandl south by Ruth Road (Px-ivate Road)~ and west by A. Joes and e_~o. Fee paid $15.00. The Chairman opened She he~tngby reading the applioa~ion for a variance, legal ~tice of he~i~, ~fida~ts attesti~ to its publication in the offici~ newspapers, ~nettce ~e the applie~t. THE CHAIRMAN: The application is accompanied by a sketch indioatip~ tha~ the property is 1~?.15' wide on Ruth Road, extending for 1,i~3.70 enLongIsland Sou-d and 1,1~3.~2' on the westerly bo~ a total of 5.1~ acres. Each plot is apprexi- -~__tely two ~d ah all acres. Under our present Zoning Ordiaanoe the requirement is that there be 150' of ~oad f~ontage. Obviously, it is impossible for this applicant to meet this requirement u~der his p~epoted division of the property. THE CHAIRMANt Is there anyone present who wishes to speak for this application? MR. PHILIPPE ~AI~: I believe I have spelled out my ideas in the affidavit. Each plot would Be two and a half acres. Some adjoining plots are that size. Properties in the immediate vicinity are ~=~f acre plots. MR. FRED HULSE, JR.~ I realize that present zoning stipulates 150v frontage but this prepe~y is very secluded ~d won~d not be encroaching on anyoneo THE CHArlatAN: Do ~uhave buyers? teuthold Town Board of Appeals -5- June 28, i973 na~r acre zoning but have a rather expensive piece of Property. THE CHAIRMAN: If this is divided in two, leng~hwise,i you will have tw~ plots of approximately 100' x 1200' each. ~e these people aware that the Planntng Beard w~uld Be particularly interested in whether this would '~e divided again, In fac!t, I have a letter from the Pla~-ning B~ard which expresses my own concern that the people you sell to might would be the question of access ~ lots instead of 100' lots. I am this matter up? MR. MAITREJEAN: It is so ex it would be ~-~_re saleable. want to divide it again. There ~ the property might become 50'~ ~sking if your buyers have brought )ensive, actually, that they think (The Chairm~n read letter reteived from the pla=ming Board in which it was stated that "The planning Beard will recommend gTantxng this variance if restrictions and covenants are placed on thc lots that they cannot ever B~ resuBdividedand that a legal instrument covering same be!recorded with the'Suffolk County Clerk,") . Tm CHAIRMAN: Are you will'~g to do that? When you place a covenant on these lots, they ca~t be changed. MR. MAITREJEAN: I would acco MR. ROBERTBERGEN: You w~n't THE CHAIRMAN: The~e is anot~ to impose and that is, a very subs bluffline. T~e Planning Commissi 100 feet. ~e have had people bull pt 2~ acres on two plots. beable to divide it again. er restriction that I would like tantial setback from ~heisoutherly mn in Hauppage iS recommending d here about 5' above sea level knowing tBat they aregeing to be flooded. MR. MAITREJE~N~ The house should be back about 3~0 feet from the high water mark, Maybe they would not do t~is bu~ I think they would be making a mistake. THECHAIPJ~N~ I think the B~ard should impose a restriction of 100 feet, MRS. JEAN TIEIH(E: From the bluff line or the high water line? Southold TcwmBea~d ef Appeals -6- June ~8, 1973 THE CHAIRMAN= From the bluff line. What we ~re talking about is 200t or ~00t from the wateree edge. MR. MAIT~EJEAN= It is probably 70 feet h~=h a~d ~oeS down in a gradual slope. From She top of the bluff to the beach is 1}0 feet easily. We had plA~ed te build there a~d eu~ house was ~oin~ to be back further because of the w~d. THE CHAIRMAN= We could make the condition read "from the furthest p~rt of the bluff which is m~st southerly" because your bluff m~ht slant. MR. MAITREJEAN= I think anybody w~uld be forced to be back from the beach. We had pl~s made for this particular property but bought another house instead. We would have been considerably back from the bluff and about 300 feet from the water line. What 11Q0 Ruth MRS. TIEDKE= This will be two two and a half acre lots. will be the access to ~he eno that is nearest to the bluff? THE CHAIRMAN= Ruth Road. They will be divided in lem~th- x 997. The property has 200~ en the Sound and 197~' en Road. Ruth Road ~s a Town road. MR. MAIT~= Each p~ty would make their own road into property, wb/¢h is wooded all the way. MRS. TIEDKE= Why would unyone want to buy this shaped property? In other we=ds, they wi11 want to subdivide. MR. MAITi~EJEAN= Years a~o the farmers sold elf their water- front land. Th/s is the way they all are. THE CHAIP~IAN= Is there anyone present who wishes to speak against this application? (There was no responses) THE CHAIRMAN= Are there any questions? (There was ne response,) After invosti~ation and inspection the Beard finds that applicant requests permission to divide lots Flth less than required a~en en the north side of Ruth Road, Mattituck, New York. The B~ard finds that the property is 197.1~~ ~de on Ruth Read, exte~i~ fe~ 1,193.7~' en ~Isl~d Se~d ~d 1,1~.62 · he westerly bo~d~; a ~et~ of 5,1~ notes. After there ~d be ~ lots of approx~te17 2~ acres each, each ~v~ng app~oxiMtely 100t of road frontage. ~e ~d a~ees w~th the reaso~of ~he applier sub~e=~ to conditions. Southold To,,m B~a~Td of Appeals -7- June 28, 1973 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessax-y hardship~ the hardship created is unique and would not be sha~ed by properties alike in the immediate vicinity of this property a2~d in the same use district; and ~he variance FAll not change tho character of the neighborhood, and will observe the spirit of the Ordinance. 0n motion by Nr. GFigonis, seconded bye. Bergen, it was RESOLVED, Philippe NaitreJean, ~ox 888,~Sound Avenue, Mattituck, be GPJ[_~TEDp~rmission to divide lots with less required area on the north side of Ruth Road, ~attituck, New York, as applied flor, subject to the following conditions~ That any buildingser improvements on either of the lets to be created shall be located at least 100 feet from the most southerly portion of the Sound bluff line. Restrictions and coyenants shall be placed on these lots so that they may not be re-subdivided in the futurel and ~_at a legal instrument, recording same, shall be filed with the Suffolk County Clerk. The applicant shall show tho Board of Appeals evidence of legal instrument having been recorded. Any question of interpre~ation on whore the most southerly portion of the Sound bluff line is located shall be referred to the Southold TOWA Board of Appeals. Vote of the Board: Ayes~- Messrs~ Gillispie, Bergen, Hulse, Grigoniso PUBLIC HEAR~G.~ Appeal No. 1798 - 7~0 P.~, (E.S.T,), upon application of James and Mn~garet Boyla~, 11 Gedney Avenue, $~thto~, New York, for a v~i~ee ~ acco~nce ~th the Z~ing O~i~-=e, Article I~Z, Section 301, t~ B~k Sched~e ~ ~ticle ~, Section 1702, for per~asion ~o construct d~lling in eubd~vision Cleaves Point, Section not on approved list ~ lot does not hve s~fieient ~dth or ~ea. ~eatien of proper~t ~t ~73, hp of Cleaves Point, Section III. Fee paid 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 ~otiee to the applicant. THE CHAIRMAN: Is there anyone present who wishss to speak for this application? (There 'vns ~ response,) N~. HOWARD TERRY, Building Inspector: The road situation h~s Been cleared up, We have his plans and ever~hing is in ex, for. Tm CHAIRMAN: This is an application for a lot that the applicant bought prior to the upgrading of the 0rdinanee. This is an approved subdivision. It was held up for final approval because of the road situation. I understand that the Town is ~oing to al~rove the roa~. THE C~: Is there anyone present who wishes to speak against th~s applieation? ~fl~S. ~AN T~E~: I vas under the impression that the reason for ~oiug to one acre zon~n~ was because of the water supply. been ~R. H0WARDTERRY, Building ~nspector: This has public water. on the min road east of Greenport, TH~ C~: There are three sections o~1 of which have approved. This was in process before zouiug. THE CHA~RMAN~ Are there any other questions? (There vas no responses) After investigation and inspection the Board finds that applicator requests permission to construct dwelliug in Subdivision Cleaves Point, Seotion III, L~t #73. The findings of the Board are that applicant purchased lot prior to the upgx~ding of the Ordinance in December of 1971, and is now ready to build on the lot. The Board agrees with the reasonin~ 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 net be shared by all properties alike in the immediate vieinity of this propert~ 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~r. Gillispie, seconded by~l~, Bergen, it vas RESOLVED, J$_mes and ~a~aret Boyla~, 11 Gedney Avenue, Smithtown, New York, be GRANTED permission to construct dwelliug in subdivision Cleaves Point, Section III, Lot #73, as applied for. Vote of the Board: Ayes:- Messrs: Gill~spie, Bergen, Hulse, ~igoniso Southold Town Board off Appeals -9- June 28, 1~7~ PUBLIC ~rm.a~INGt Appea~ No. 1795 - 8~00 applic&tion of Joy Fink/e and Millie Messeri, te ~perate a secon~ business (T~e-eut Del~) on the same premises ~th a public g~age, ~catien of preperty~ ~rth side ~n ~ead, 0~en~, ~ded north by H. Se~dt~ east by H. Sc~dt~ south by ~n ~o~ west by H. Te~ Estate. Fee p~ for a wiuce, leg~ not~ee of heari~, ~fida~ts ~ts publication in the offielal newspapers, ~d ~ice to the ~ CFu~I~ Is there anyone present who wishes te speak for th~s application? M~. MI~0N FIh-KI~ I w~L~d like to speak in behalf ef th~s de net ~ve ~le p~ ~t we ~o. ~ere is ~t t~t traffic ~n the ~ea. It behooves me 2o ask~u why, ~en I ~eet~nEs ~ s~utat~ons in ~he ~il toda~ on t~es on Bus,ness ~d a p~ece of p~operSy do~ the ~ad (the t~es we pay oon~r~bute to the ~o~s~p ~d we never ~ow of mee~s the~e are t~ ~nereases)~ sho~d no~ we be bb~.e to put in a ~s~ness ~ ~B~ fo~ ~ls ~ut e~~ the size of propeFt7 oF do~7~? ~e business ~s been fo=~y ye~s of eomt~n~ns ~e. S~me~dy else ~s ~he~e t~r~y-e~t ye~s ~ we took i~ over. ~ere were in the past ~n~ there is nu ~eas~n why the~e she,d Be eno the~e ~w. We ~e t~ to e~h~e o~ business ~d de semet~ better fur e~selves. THE CHAIRNA/~: D~es anyone else wish to speak for this (There was ne response.) THE OHAIRMAw~ Is there oJayone present who Fishes to speak a~ainst this applieation? ~o WILLIAM Y. TERRY, JRo~ Acoor~i~ to t~e Naster Pl~adop~e~ by Southold ~, ~e ~p ~es~den~ ~ th~s p~ope=~ ~s g~ve~ the PI~ ~rd ~ Zon~g ~d felt not be loeated in this In addition, one of the most important aspects in t~s bus,ness already is a lack of space for parking area. It is already extremely lin~Lted an~ w~th another business operatin~ on the same premises would cause a defin/te hazard. Presently, in the sprin~, summer and fall, the overflow of cars are already parked not only on the property but on the shoulders of the Main Road both east and west of Southold Town Board of Appeals -10- June 28, 1973 the garage, across on the south side of the road ~nd on Platt La~e. On many occasions it is virt--.lly impossible to see ~en t~n~ to enter She ~Road from Pla~ L~e, as ears ~ked on the 8ho~d~ block the ~ew. (Nc. TezTyread the a~ove from a letter he sent the Southold Towa Boa~d of Appeals, dated June 28, 1973). ~RS. ~JEA~TIEE~E (League of Women ¥oters) I think there would be ~- increase in the traffic problem. The Chairman read letter received from Charles and Patricia Knispel, ~ain Road, Orient, dated June 28, 1973, protesting the application on the grounds that a~ additions/ business is a down~-~ding of the property am~ could lead to ar ash of spot zoning in this area. The Chairman read letter received from Ruth ~nd Gen~ 01ira, Orient, dated June 28, 1973, protesting the application on the grounds that the property vas originally zoned AgricuXtural- Residential ~th one v~i~e to operate a ~e ~d t~t a seeo~ v~i~ce fo~ a T~e-out ~li is just too ~eh. Also, tht thee is ~t enough in the ~ of ~rk~ facilities at the ~r~e for ~other bus,ess.., cars ~d t~cks ~e parked all over ~n Road ma~ the visibility from Platt Road ve~ diffie~t. The Chairman read letter received from Erioh Schmidt, Orient, dated June 28, 1973, pr~testing the application on the grounds that to add another business in a Residential-Agricultural zoned area does not seem justified. The major conce~ as a~ adjoining property owner is one of very limited space. ~any times during the course of business hours the overflow of cars are parked in front of my house o~d on the shoulders of all adjoining property owners. This creates a h~zard for ~oth traffic ~nd pedestrians, MRS. T/EI~: I think the parking is definitely a problem. In view of the fact that the Orient Ferry is putting on a third boat tOmeXT~Ws there will be increased traffic. TP~ CHAIPJ4AN: I might say that the Board den~ed on Janue=-/ 27th ~u application for a coffee shop principally for lack of space, lack cf parking, A new business starting in now would require 30,000 sq. ft. under the new 0rdin~nce. T~ CHAIRMAN: Does anyone else wish to speak against this application? (There was no response,) THE CHAIRMAN: Does anyone wish time for rebuttal? MR. FRANK MESSERI~ What ~0-~d the old one require? It was good for a coffee shop, it should be good for a deli. Southold Town Board of Appeals -ll- June 28, 1973 MR. MYRON FINKLE: The last time we were here it was a question of tables and chairs. There w~uld be no tables and chairs in this case. We dc have ample parking facilities on top of which I don't see anything ~rong with this application. The business has been here for forty years. Ne w~uld work within four walls. We are not expanding. It is only three m~nths of the year that we depend on. Traffic goes down to nothing during the other nine m~nthso THE CHAIRMAN: I think that permitting another business in a non-conforming business area is beyond the scope cf this B~ard sc I w~uld have tc vote against this application. We don't have the power under the Ordinance to allow an increase in the type or number ef businesses that you have there. That's my opinion, leaving out all questions of taxes and MR. FINELE: Ne bought the place to -mke our home for the future. We are going to be here for the rest of cur lifetime. Ne are only w~rking for ourselves. This is what we have to live with. We do no harm, we,don't block streets, and the business was there for goingon forty years, and has dens nothing harmful then or new. Ne want to have this business within four walls, within the confines of the building. THE CHAIRMAN: It will eertai~!y expand the use of the property, The original non-conforminguse cannot be increased cnanun~er- sized lot. A solution would be te have the zone cha~nged and tc acquire additional property, MR. FIN~.E: I knew the solution but that's .-other thing. I aa saying that I can see no reason for this application to be denied. THE CHAIRMAN: Are there any further questions? MR. ~RANKMESSERI: D~es this Board pass on all business in Orient? T~ CHAIRMAN: It's very seldom that we have applications for business. Originally the zoning map was created in 1957 and this was not created as a lnasiness zone. It was non-confom~ing business. MR. MESSERI: The business that is there newts passed by this Board. THE CFJJ/LMAN: This was before the Zoning Board of Appeals was in existence. MR. ~ESSERI: It would have to be approved by someone. Southold Town B~d of Appeals -12- Jtme 28, 1973 MR. CHARLES-~RIGONIS, JR.= TB/s was done long before there was a Zoning Board. We started in 1957. Before then you did not have tc come before a Board. After invest/gat/on a~d inspection the Board finds that applicant requests permission to operate a second business (Take-cut Deli) en same premises with a public garage on the north side of Main Road, Orient, New York. The findings ef the Board are that the area is zoned Agricultural-Residential and this property was given a non-conforming use to operate as a garage; and that permitting another business in a non-conform- ing business area w~uld expand the use of the property on an ,~dersized lot. The members of the B~ard agree that it is beyond the scope of the Board of Appeals to grant tthis application; and that the only solution to the problem w~uld be for the applicant to endeavor to have the zeno chan~ed and to acquire additional property. The Board finds that strict application of the 0rdi-~_nce wguld not produce practical difficulties or --necessary 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 change the character of the neighborhood, and will not observe the spirit of the Ordinance. On m~tion by Mr. Gillispie, seconded by Mr. Bergem, it was RESOLVED, Joy Finkle and Millie Messeri be 'DENIED permission to operate a second business (Take-out Deli) on same premises with public garage on the north side of Main Road, Orient, New York, for the reasons st~ed. ¥o%e of the Board: Ayes~- Messrs: Gillispie, Bergen, Hulse, Grigoniso PUBLIC ~ARING~ Appeal No. 1799 - 8:30 ~.M. (E.S,T.), upon application of George Ahlers and Barry Hellm~n, Cutehog~e ~nd Southold, respectively, for a special exception in with the Zoning Ordina~ce, Article V, Section 500, Subsection B-i~ for permission to erect multiple dwellings. Location of property~ west side Youngs Avenue, Southold, bounded north by D. east by Youn~s Avenue; .south by Long Island Railroad, Maier, Averett, Kaolin and others~a~d west bY,R. B. Grattan, Wetkowski and others. Fee paid The Chairman opened the hearing b~ reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice te the applicant° Seuthold Town Board of AppeaXs -13- June THE CHA~: By way of backgre~d, I might sa7 that this ch~.~e of zone was recommended by the Pi~ Bo~d ~ a ~dressed to the Southold To~ Bo~d on ~reh 23, 1972. r~som X ~ ~oo~ over the ~eo~rds of the Sou~hold To~ ~d the SoutMld To~ PlUg Bo~d is t~t "M-l" M~tiple Zo~, which ~s created by ~e T~ ~d, o~ o~y be used site pl~ ~pro~ of the Pl~ Bo~d. I ~ loo~ng at a file t~t is a record of a To~ ~d hearing, w~eh ms for muy pages, ~d which ~so contains a feral statem~t of zone by the To~ Clerk, Albert ~. Ric~nd, cover~ this property, c~~ from "A" Residential-~ic~t~ to "M-l" M~iple ResXdence, ~y 9, 1972. ~S he~i~ ~s reoo~ened from the ~eeting ~1 of the Supe~-iso~s off,ce to the ~si~ of were Supe~sor ~bert M, ~toecMa, Justices ~rtin Su~er Lo~s De--es2, Co~cilmen Ho~ ~d Rich. Evidence was given by the applic-nts. Many people presented objections~ some spoke for it. .I will read some letters from the Pla~i~g Board which I believe are pertinent. The Ch~ix~an read letter dated Ju~e 22, 19~, addressed to ~. Robert W, Gillispie, Jr., Chairma~ of 2he Sou~hold To~ ~d of Appe~s, as follows: ~In general the 'Pi~ does not approve of vari~ces en new censt~etion after the site pl~ ~s been a~ved o= a~ least finalized, There ~ght, ever, be some ex~em~ e$=c~stm~ees if ~1 of the contained 850 sq~-~e fee~ ~d the ~ni~ ~st~ees between the buildings ~s s~=iot~ obse~ed, The ~1~ Bo~ be inclined ~ look more fa~bly on t~s if ~he p~se were ~ ~ke the livE~ ~ts m~re spaci~us," Jo~ WEe~, 0~r~-~ Southold.To~ Pi~ ~d, THE CHA~; There seems to have been some misconception about a vami~ce in eo~eotion wi~h ~he length of ~e b~ldinc, It ~s e~ined to us when we a~eed to aeuep~ the fo~ a vari~e ~ the p~ose ~s to enl~e ~he ~ohens. After ioo~ ove= She pl~s~ ~ decided ~hat si~gh~l~ ~tche~ s~ce ~d be ~g~ des~able. ~ere is a 125~ ~bitr~ leith req~remen~ ~ ~he Zo~ O~ce a fi~e t~t ~s literally demeaned without ~ specific ~de lines. ~us, you e~-- p=event someone ~om b~ldi~ lonc bu~ldi~ ~ the ~ltiple ~elli~ Zoni~ Ord~ce but does not cover the ~dth Of ~he buildi~. ~e applio~--~ co~d increase ~he asea ~f ~he ap~tments by inc~easin= ~he ~d~h so, in the in~eres~ of faeilitati~ a~ orderly pl~ ~ the~ht · t ~d be advisable ~o em~e~ta~ ~ applica~ion for a 7~ leith these is no ~ni~ st~d im ~he Zo~ 0rd~ce for size of ap~ments excep~ what is de~e~ned by ~he M~tiple Residence Law uf ~he S~ate ef New York ~d the Seuthold Te~ Housing Code, Southold Tow~ Board off Appeals -1~- June 28, 1973 ? /~: ' As I went over the plans I saw that the proposal is for ~10~one bedroom apartments - 825 sq. ft., 1,005 sq. ft. '*~ bedroom apartments, a~d 6~Ssq. ft. for efficiency apartments. MR. GEORGE AHLERS: The total should come to 153 malts. THE CHAIRMAN: The layout of the 13 buildings has been prepared..: On the site plan is shown the 13 ~ldings contained within ~ 0val which has entrance and egress, and parking spaces on the periphery in the center of the m-ll. There is a pool community buildi~ (enclosed), a sitting area, shuffleboard eourt and playgretmd. Alse~ a sewage plant which is off to the southeast and some distance from the nearest buildings, T~R CHAIRMAN: Is there anyone present who wishes te speak for this application? MR. JOHN R. McN~LT¥, Riverhead: I would like to make it a part of the record that it has been through several Boards. ~ne of ~he points to be brecht out here is that ~he sewage treatment plant would be located in the southwest portion of the premises and that world be adjacent to the Long Island~ailroad, and alse adjacent to a fertilizer plant of Agway to the east, which would seem to be the proper place for a sewage MR. ROBERT BERGEN= Do I understa~nd that you want to extend 30 buildings by 7 feet? THE CHAIRMAN: Actually the variance applies only te the length of the buildings and, as I have explained here, you could m~e these baildi~s 100~ wide. MR. MoNULTY: The problem is that the ~itchen is narrow. I submit tBat this is an ideal location for this t~pe of structure. It is within walking distance ef the village and the sewage treatment pl~t would be in an appropriate area. THE OHAIPJiAN: It is adjacent to existing industrial property. I think there was some discussion as to whether it would be within 500 feet of Main Road. It is not. MR. MeNULTY= I don't think it's more than ~OO fee~ from the railroad to Main Read. THE OHAIRMANI It's accessible to the village, has public water, and you plan a sewage treatment plant. MR. AHLERS: Whatever the County requires will be done. We have sig~ed a contract with Purification Systems of Oeeanside. This takes considerable time te get through the 0omaty Enviromaental Control. $outhold Towa Beard of Appeals June 28, 1973 THE CHAIRMAN: The new Multiple Residence Law applies in this situation, a~d the Seuthold Town Building Cede also applies. The Suffolk 0eunty Environmental Control group is involved and also New York State Environmental Control, ~R. AHLERS: I think it is State Environmental, County Environmental and the Boa~ of Health. THE CHAIRMAN: I think ~hat as far as any questions being raised as te density, ~his is within the limits ef the zoning laws ef 1971. You need site plan approval by the ¥1axming Boamd, location of parking lets, landscaping, ~R. AHLERS: None of this ea~ be done until we find out if you are going to extend the buildings. THE CHAIRMAN= The nitrate problem is one that has no~ been solved yet. ~R. AHLER$= From ~nat I can gather from the engineering eompan7 that will be building the plant, the7 are submitting proposals to ~he Co~ty. I understand ~hat ·here ~e no operational ~er~i~pl-~s. One is ~ =o ~e b~l~ i~ ~a~cho~e. ~e C~7 is experimen~i~ t~ee different t~es ~o see w~t is mes~ effici~. ~ne=e ~e ~ processes ~ engineers t~ ~ collecte~ ye~ in ~he Ce~y. T~s is all deni~ification. '~]~:E CHAIRMAN: The ordinary tertiary sewage plant has done nothing about denitrifieatiom, which leads me to a question that ~$ puzzled me. As I ,.,_nderstand it ~ou need a certain flow before ~O 7ou~rnowwbat the Oe~tllt wot~.l.d be? Mit, A}ILERS: The County uses, on a Oearoom corm=, 2}~-3OU gallons per day. i think the S~ate law reads up ~o 30,00~ ~lions for multiple dwellings. If the total flow did no~ come up to 30~000 ~allens, you would net have te put a sewage plant in. THE CHAIRMAN: Assuming you have to have a certain flew, what would you anticipate the number of units would be? MR. AHLERS: Fifty or sixty. ~hen I talk units, I mean individual apartments. THE CHAIRMAN= Will each one of these buildings have the same mixture ef types ~f apartments as the other buildings? MR. A~.ERS: There will be a m~ xture. The buildings are labelled "A", "B", and "C~o THE CHAIRMAN= What w~uld be the sequence of development? Southeld To~m~ Board of Appeals June 28, 1973 ~R. A~.E~S.- We w~uld start with the first four er five buildings. We w~uld put the roads in, br~_nch feeder lines. Electx~c undergrou~ wiring has te be done prier to paving the roads. Once the sewage treatment plant has been approved, we will continue on. THE C~: Assuming ~u start with five buildings, h~w ma~y dwelling u~its will that be? ~R. APR~RS = THE C~.. How many bedrooms in the f~rst five? ~R. APff~RS: A-1 has one bedroom, B is Efficiency Apartments a~d C has tw~ bedrooms. Roughly ~is ~d be 60 ap~tments. ~. ~ic~ on the telephone one day ~ I tM~ he told me THE 0~: How fast do you want to p~eeed? ~1. A~.ERS= As soon as we possibly can. THE CI[~TP-~N= There is a letter here from a b~.indic&ting a willingness ts consider financing the project predicated upon proper zsningax~ economic feasibility. One ef the seditions stipulated ~r. Wic~h~m in a letter te Nar~at Realty Oorp. dated Januax~ 18, 1~73 (copies tO Superviser~a~tecchia a~d Robert Tasker, Esq.) is that sewage treatment plants must Be working when eno third sf the u~its are occupied. (This eon~ition was set down b7 the Southold TewnB~ard). Also, the Suffolk County Department of Environmental Control has issued a ruling as of ta~-aryl, 1972, that nitrate re~val in all sewer plants is required. M~. Wickl~ma went en te say that as of today, nitrate removal plants are~t perfected an~ that "We are bringing this te yeu~attention because the nitrate levels in the Town cf Southold have become extremely critical and peso an immediate threat to public health and safety. For this reason the Plaguing B~ard can be expected to insist on rigid co~li~ce te this requirement." D~ you ~nderstand "when eno third ef the un, ts are occupied"? MR. A~mRS: That's what I understand. MR. ~0RARDTERRY, Building Inspector: They have had con- versatie~ ~i:~. ~n~!~ staff en these private sewer pin-ts. Basically, they heard that they should have 50 units te have sufficient flow. $outhold To~a~oar~ of Appeals -17- June 28, 1973 THE 0~tT_~ 1,005 sq. ft. is a generous size. I dontt agree that all people want $50 sq. ft. You only pla~ 16 efficienoies~ the bmlk ef the ~nits wonld be $25 sq. ft. (10~ of them), and 30 two bedroom apartments would be 1,0CS sq, ft. This Board has te come u~ with a decision a~d if this is granted we have to impose conditions that will meet all the varying demands as to how many buildings there will be, when you are going to put the sewage plant in, when the roads, the playgrounds, etc. ~Ro A~LERS: One of the first things would be roads. have to put ~ sewer lines inked undergro,~nd eleetrioai facilities for the buildings. We MR. HOWARD TERRY, Buildi~Inspector: All utilities have te go underground for all thirteen buildings. TH~ CHAirMAN: You m~y only be able to build five buildings and then five or ten years later, five or so more buildings. MR. AHLERS~ I would disagree with Mr. Wickhamas to the time lapse. The engineers think they can solve this problem. As to spee~ of construction: We would have to build the first five buildings (50 units). As lon~ as the demand is great enough e~nd the sewage treatment is on line~ we would continue with another building, The initial buildings would have to have cesspools, I would assume they would be nea~ the buildings, Cesspools have no mechanical pumping. THE CHA?RMAN: If your sewage treatment plant wont out, how w~uld eight or nine buildings get to these cesspools? ~. A~.~R$: I know the 0ounty will tell me what I have to do -~d what I'don't have to do. I am sure the County Health Department has rules m--d regulations whi=h lay thin~s all out. The sewage treatment plant is monitored daily, ~e intend to sign a contract wi%~ a i~n ~hat will maintain and run the sewage treatment plant. Very strict records ~re kept, MR. ~WARD TERRY; This has to be done by a licensed person. MR. A~LERS~ Probably the Resident have a license for day to day care, and the firm would take care of the necesss~y e~em~oals for ~he operation of the plant. There are standby generators. It is TI~ C}L~IP~: We don't have authority in this field. Presumabl~ sewage problems will be contained. Sou~ld Town Board of Appeals -18- June 28, 1973 MR. ABLERS: The County is very strict about this. It takes from six m~nths tea year to get approval on sewage treatment plants.. THE CHAIRMAN: There was something in the minutes about hauling away solid waste. MR. TERRY: It depends on the type ef plant. MR. AHLERS: It seems that both the Planning Board and the Town Board saw a need for such units. Many people in the real estate business say there is no place to rent out here. THE CHAIPd~AN: People don't w~_~t to see the Town change. I think the Town Board recog~aized that there is a need. MR. AHLERS: Our intention is to ~_ke the buildings Colonial in style so they will blend with the area. THE CHAIRMAN: There are m~ny other objections to apartments. I jotted down the usual criteria.., character and appearance, compatibility with the surrou~/ing area, etc. This will not interfere with any known development policy of the County or Town. Some of the other things are: hew close to & shopping center is it?,,e traffic generation (I think they use the figure of 6.1)... entran=es and exits, drainage, etc. Access appears to be good. MR. AHLERS= As far as drainage goes, it's almost all sand. There is ene iow spot with a slight amount of clay but the rest of it is sand. THE CHAIRMAN: Another Feint is design standards. MR. AHLERS~ Our architect is Siganxnd Spiegel. He sits on the State Board on zoning matters, and also onanother Board. He is very well known. T~E CHAIRMAN: Thatls a very rough list of the criteria the County uses. MR. A~.~S: I spoke tot he assistant to Mr. Koppeln~- and his opinion ef the project was that he thought it was needed and very well thought out. Southold Town Board of Appeals -19- June 28, 1973 MRS. JEAN TIEDKE: I would like to commend you on the variety ~nd size of the apartments. THE CHAIRMAN: D~es anyone else wish te speak for this application? There was no responsee) THE CHAIIhV~/~: Is there anyone present who wishes to spe~ against this application? There was no responseo) THE CHAIRMAN: I assume that some of the people who are present are here for information. MR. W. D. WELLS: I would like to have a clear understamding of what the traffic will be on Young~s Avenue when 6.1 people per unit are using it. THE CHAIRMA2{: That is 6.1 vehicle trips per day. MR. WELLS: They will be using Young's Avenue. THE CHAIRMAN: This is per dwelling unit. Their figure might be a little different. There won't be 900 vehicle trips until ma~y years from now. MR, WELLS: W~ere are the trucks and equipment going to come from, Route 27 or Route 25? I can tell you that the ncise and traffic right now are excessive. Thatts the first objection. THE CHAIRMAN: I don't know how we can retain traffic. MR. WELLS: I don't th/~ it was clearly explained about these septic tanks that will be put in temporarily. I don~t know how th~s will work out with residents in the imediate vicinity. THE CHAIRMAN: This is ena 22 acre tract and presumably these septic ta~ks, or whatever they are required to build there, will not affect the whole area. MR. WELLS: Then there is the matter of nitrates. We are at the danger point now. THE CHAIRMAN: We can't solve this problem now. THE CHAIRMAN: Does anyone else wish to speak? Seuthobd Town ~ard ef Appeals -20- June 28, 1973 MR. AHLERS: The only thing I might point cut is that existing homes on Youn~s Avenue all have one or two cesspools. The nitrate count in that area is exceptionally high. The point that I am making is that with the County's new regulations requiring septic tanks in addition to cesspools, this is a far superior mauner of handling it. We had to start doing that in 1972. A septic tank is a holding ta-k in which bacterial action takes place. In actuality the tess pool is holdiHg solids with a higher nitrate content but for a private dwelling today we have to put in a 900 ~al. septic tank plus cesspools. MR. WELLS: You have te solve the nitrate problem. MR. AHLERS: We will have a far greater recovery rate a~d purer water. If this project were done as eno family homes it w~uld be a different ~atter. T~e fact that you have a sewage treatment plant is really an advantage. T~e Health Department says you should ~ave 100~ between well points and cesspool. T~ey will allow y~u to go within 65 feet. MRS. MARGARET HARRIS~ When there is a big storm Yeung's Avenue looks like the Erie Canal. What are you doing about storm sewers? In front ef one property you have what amou~nts to a dike. MR. AHLERS~ There is a low spot. I think probably what it has been is that the wash from the property has deposited soil during the years of soil erosion. T~E CHAIRMAN: The Pla~u~ing B~ard will be involved in site plan approval ~nd will undoubtedly require drainage. MRS. HARRIS: I just hope they don't plan to tie it in with the sewer. W~at happens if techaolo~-f is not forthcoming on the mitrates. 0a~ they plead hardship amd ~ust put in cesspools? Tm CHAIRMAN: That's a very interesting question but I don't believe I have the answer for it. The Planming Beard have said in their letter of June 28th that they are"prepared to insist on the absolute performance of each of these conditions and this becomes pertinent because although the Oounty has set a date for the installation cf denitrification equipment, there is currently no acceptable process. Nevertheless~ because each ef the developers has been notified a~d because denitrifieation is vitally important in the Town of $outhold~ the Planning ~ard will imsist em strict performance. T~ts probably meauas that the second ~lf of the u~its in all such developments now being planned will be postponed for as m~¢h as five or ten years. The Plauning Board is prepared te inst~ct the ~ldingInspector to withold certificates ef cccupancy until all these conditions are met~ but it wo~ld seem that the ~oard of Appeals might also require this as eno ef the conditions for approval under their special exceptions". Presumably if the problem is net solved, it won't block all housing in the United States. Southold Town Board of Appeals -21- June 28, 1973 MRS. HA~3tI$= You are coming in the back door with the whole pl~. You may finish half and your technology will not have been solved. I would like to see the technology forthcoming, THE CHAIRMAN= The point I was trying to make is that this would block all buildingo It is not just here but over many sections of the country. MRS. TIEDKE: Mr. Halzmaeher appeared here in Greenport and he was suggesting that it would be five or ten years before a really workable nitrification system was available. HRS. HARRIS: I agree that housing is desperately needed but it's these little technical things that I get hung up on. MR. McNULTY: If the nitrate problem was not solved, would we then be able to plead hardship a~d install cesspools? The point is that the nitrate problem has nothing whatever to do with a sewage treatment plamt. The sewage would be treated by the plant. We would not go back into cesspools. THE CHAIRMAN: In another year or two there may be other things that are discovered in the soil or air. We have ecologists in conflict as to what is feasible and what is not. HR. ABLERS= In talking with the engineers about the pl~, we have fo,md that they are working on the construction of a sewage treatment plant in a new town which has been developed by Brookhaven. It is a tremendous area. We have had estim~__tes on the plant which we propose ranging between $2}0,000 to $300,000 to construct and this is what we anticipate.., about $1,~00 per ~nit. It would be aln~st double what cesspools would cost. MRS. TIEDKE= ~hat kind of facade will this have? HR. ABLERS: Shingles, clapboard, brick. We have given the Plsmming Board various facades. They will all be Colonial in n~ture. We brought several photographs to the Planning~ard and asked which ones they like. Mr. Wickham said that they can't dictate design but indicated the one he prefers so that is the one we will select. THE CHAIRMAN: The Town ~ard struggled with this problem, whether cr mot to do it at all, and I think it was a farsighted m~ve because I believe you have to have more tha~ grid develop- ments on Long Isl~-d. I w~uld like to poll the Board with ~espect to their giving me the authority to write all the conditions with the Town 0cunsel, with the help of the ~lanning Board, so that we ~a_y come up with a decision so that these people can get m~ving. Ayes:- Messrs: Bergen, Hulse, Grigonis. $outhold ?e,,e:m Bea~ of Appeals -22- June 28, 1973 THE 0HAIRMAN: The actual decision will be made at a public meeting. We don't know how long it will take te get all this correlated. The B~ard approves subject to defi~ing the conditions ef whatever needs tm be stipulated in the Action. You have tentative approval with regard to the discussion we have had here tonight. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that Robert W. Gillispie, Jr., ~irma~ ef the Southold Tew~Bea~d ef Appeals be GRANTED the authority te w~ite the conditions applying to Appeal Ne. 1799 with the aid ef Town Counsel a~d the Southold Tow~ Planning Beard. Veto of the B~ard: Ayes:~ Messrs: Bergen, Hulso, Grlg~nis. PUBLIC P~m.-ARING~ Appeal NO. 1800 - 8:%5 P.H. (E.$.T.), upon application of George Ah/ers a~d BarT~ Hellman, Cutchogue and Southold, respectively, for a vari.~ce in accordance with the Zoning Ordinance, Article V, Section 302, for permission to construct multiple dwellings with some b~ildi~s ever 125 feet in length. Location of property: west side Youn~s Avenue~ Seutheld, boarded north by D. Charnews~ east by Youngs Avenue~ South by Long Island Railroad, Major, Averett, Kaelin and ethers; and west by R. B. Grattan, Wetkowski and others. Fee paid $15.00. The Chairman opened the hea~ingby reading the application for a va~iance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes te speak for this application? MR. GEORGE AHL~RS: I thi~kwehave covered, basically, the reasons for w~__n~i~g to exceed 12~ feet. When we got the ~aw~s frem Mr. Spiegel we found that the kitchens were a corridor tTlme ofkitehen, approximately 7 feet in width an~ IO feet long, without an eating area. We felt that te -~ke the people who weald be renting these apartments, mostly' semior citizens, eat all their meals in the dining room di~ not make sense. We decided we w~uld like to allow for an eat-in kitchen. I think we have come up with a good layout, rather unique as far as apartment house kitchens are concerned. It added 3 feet to the width ef the dining room also, which made the whole thing more 'rentable and e~re comfortable. This was our reason for doing it. Southold Town Board of Appeals June 28, 1973 MR. JOHN R. McNULTY, Riverhead: ~hen we were before the Planning Beard on approval of site plan, the Piing Board indicated that they would give us tentative approval if the Board of Appeals granted us a variance. They had no objections to the placing of the units. THE CHAIRNAN~ Does anyone else wish to speak? There was no response.) THE CHAIRMAN: It's about a ~ increase in the maximum ~e according to our Zoning0rdi~-~ce. There is no limit on the width in the Zoning 0rdip--ce so the applicant is not achieving anything for himself that he could not have achieved in another way, The space can be utilized better by lengthening rather than widening, MR. AHLERS: All other requirements will be met. We my shift the buildings a little bit so they will meet all requirements. T~E CHAIRMAN: There will have to be one and a half spaces for parking fer each dwellingunit plus one and a half spaces fer each employee, TBE CHA/_~: Is there anyone present who wishes to speak against this application? (~here was no response.) After investigation and inspection the .B~a~t finds that applicant requests permission to Construct multiple dwelling with over 125 feet in length 'located on the west side 's Avenue, Ssuthold, New Yerk. The fimdings of the B~ard are that applic~t ~shes te const~ct ~tiple residences ~th each ~ilding~vi~ a length of 132feet, increase of 7 feet , ~e 0rdimce requires t~t b~ldings should not exce~ 125 feet, ~e petitioners ~sh to increase the size of the kitchens in each ~it to allow for eat-in space. It is the feeling of the petitioners t~t the additie~l 7 feet ~11 not detract Mm the aesthetic value ef the ~its and net ilcrease ~y d~sity ~f ~p~ation e~y increase ~pon the . ecological b~dens of the area. ~e ~ a~ees ~th ~e rease~ng ef the applioat, ~e ~a~ f~ds t~t strict application ef the 0rdi~nce ~d produce practical diffi~ties or ~ecess~y~dship~ the hardship created is ~ique ~d wo~d not be s~ by all p~perties alike i~ the i~ediate ~ci~ty of this property ~d in the s~e use district; ~d the ~iance ~11 not c~ge the character of the neighborhood ~d ~11 obse~e the spirit of the 0rdimce. Southold Town Board ef Appeals -24- j~ne 28, 1973 On motion by Nr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, George Ahlers and Barry Hellma~, Cutohegue and Southold, respectively, be GRANTEDpermission to construct multiple dwellings with some (or all) buildings over 125 feet in length on the west side of Ye~ug's Avenue, Southold, New York, as applied for, for the reasons stated, subject te the following conditions: 1. That the increase shall be no larger than7 feet. 2. That there shall be no other increase in the size of the buildings. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigeniso PUBLIC HEiStING: Appeal No. 1801 - 9:00 P.M. - upon application of Carl H, Schooff, Hobart Road, Southold, New York, for a variance in aocord~.~ce with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permissio~ to divide lots with dwellings which do~ not have sufficient area or frontage. LOcation of property: Hobart and Old Shipyard Lane, Seuthold, Lot #~1, ~ap of Founders EstateS. Fee paid The Chairman opened the hearing by reading the application for a variance, legal no,ice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant~ THE CHAIRMAN: This application covers a piece of property in single and separate ownership on 01d Shipyard Lane. There are two houses, one w~th an attached garage and one with a separate garage. The applicant proposes to divide at a point most advantageous to each. THE CHAIRHAN~ Is there anyone present who wishes to speak for this application? ~. CARL SCH0$FF: I have stated my reasons in the application. The first house, a cottage was ~uilt about 2~ years ago. ~e built the second house about 20 years ago when we decided to move permanently to Southold. G~ldsmith Brothers and Jack Harrell advised us to build a permanent house on the cor~er of the same plot. ~e have occupied that house for 20 years but I wish to retire from dental practice a~d live in the smaller cottage and sell the larger house. MRS. JEAN TIE'DEE: As a neighbor of D~. Scheoff, I think it is a logical thing for him te do. Southold Town Board of Appeals -25- J~3ne 28, 1973 THE CHAIRMAN: Are both ef these houses occupied now? DR. SCHOOFF: The cottage will be vacated in about a week. THE CHAIRMAN: Do you have the proposed divisien line? This is just a dotted line. I would like to give a larger area to the larger house. Dr. Schoeff submitted a survey and discussed the dimensions that he would prefer. 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 divide lots with dwellings which do not have sufficient area or frontage on Hobart and 01d Shipyard Lane, Southold, Lot #~1, Map ef Founders Estates. The findings of the Board are that Dr. Schooff wishes to allow 87 feet for the larger house on the northerly line of the property and 67 feet for the smaller house on the northerly line of the property; 80 feet for the larger house on the southerly line the property a~d ~5 feet for the smaller house en the southerly line of the property. The Board finds this te be an equitable division of property and a~Tees with the reasoning of the applicant. The Board finds that strict application ~f 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 i--aediate 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 ~f the 0rdin~.~ce. On motion by Mr. Gillispie, seconded by Mr. Grigenis, it was RESOLVED, Carl H. Schooff, Hobart Road, Southold, New York, be GRANTED permissionto divide lots with dwellings which do not have sufficient area or frontage, Hobart and Old Shipyard Lane, Southold, New York, Lot #~1, Map ~f Founders Estates, as applied for, subject to the following condition= That any enlargement of either ~f these dwellings should be discussed with the Board of Appeals. Vote of the Board: Ayes=- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southeld Tow~ Board ef Appeals -26- June 28, 1973 PUBLIC B/R~-ARING: Appeal No. 1803 - 9:10 P.M. (E.S.T.), upon application of Wilbur Kaiser, Horten L~_.e, Hattituck, New York, for a variance in accerdm~ce with the Zoning Ordinance, Article III, Section 301 a~d the Bulk Schedule, for permission to divide lots with less than required area and frontage. Location of property: south side of Horton Lane, Mattituck, bounded north by Herren Lane; east by C. Sanders~ south by North Fork Baptist Church~ west by North Fork Baptist Church. Fee paid $1~.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. THE CHAIRMAN: The application is accompanied by a sui;vey indicating that applicant is the owner of a lot with 160 feet on the southerly line and 165 feet on a diagonal northerly line; 1~8 feet en the east and 200 feet on the westerly line. After division the lot to be created would be between 11,000 and 12,000 sq. ft. The property remaining would be a slightly larger area. THE CHAIRMAN: Is there anyone present who wishes te speak for this application? MR. WILBUR KAISER, The area of the two lots is approximately 29,000 sq. MR. BERGEN: What is the size of the house you have now? MR. KAISER: 16'x ~0' and we added an addition of 16' x 20'. MRS. KAISER~ We added a living room of 16' x 20'. It was fer~aerly a shop and we taxuaed it into a house. TB~ CHAIRMAN: This piece on Middle Road, was that divided out of you~ property?. MR. KAISER: Yes. THE CHAIRM~N: I don't think there was any question then about further subdivision. MRS. KAISER~ We didn't thi~ of it at that time. When he goes on social security we thought we might want one of these modular homes. THE CHAIRMAN~ I don't believe this Beard has the right to do this. We a~e getting into ~_~ area of subdivision and we already subdivided this property five years ago. Since then, we have discovered things about water, and a great m_~ny people have moved out here. What you are doing is dividing the plot which you had left. Southold Town B~a~d of Appeals -27- June 28, 1973 M~. KAISER: On the other one there would be 100 feet in the front and 95 feet in the back. MR. BERGEN: Today, the Zoning 0rdi~ance calls for sm acre with 150~ road frentage. THE CHAIRMAN: I w~uld have to recommend against granting this application. MR. KAISER: 0anI appeal the decision? ~ CHAIRMAN: A~ appeal has to be filed witb/n 30 days of the si~ing of the Actiom of the Beard. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? There was ne response.) THE CHAIRMAN: Are there any questions? There was no response.) After investigation and inspection the B~a~d finds that applicant requests permission to divide let% with less ths~ sufficient area and frontage on the south side of Herren Lane, ~attituck, New York. The findings of the Board are that property of the applicant was subdivided five years ag~. The total area of the property to be divided is approximately 29~00~ sq, ft. amad applicant wishes to divide his property amd set off the westerly portion as a vacant parcel for future censtr~ction of a residence. The Beard finds that the lets to be created w~uld be tee small under the present Zoning Ordinance. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessa~ hardsb~ip$ the hardsh/p created is not u~ique and w~ld be sha~ed by all properties alike in the immediate vicinity ef this property and im the same use district; and the variance will change the character of the neighborhood ---d will net observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Wilbur Waiser, Herren Lane, Mattituck, New York, be DENIED permission to divide lot with less tb~.~ req~=ired area and frontage on the south side of Herren Lane~ Mattituek, New York, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. $outhold Town B~ard of Appeals -28- June 28, 1973 PUBLIC PT~.ARING: Appeal No. 180~ - 9:20 P.M. (E.S.T.), upon application of Ann~ M~ria Pfutzner, Pine Tree Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, ~ticle III, See~ion 301 ~d the B~k Sched~e, for permission ~e divide pr~per~y ~h less ~ required ~ea ~d fm~2age. Location of p~perty: Part Ple~ ~12~, ~p of Nassau F~ms, Cu~h~e, New York. Fee paid $15.00. The Chai~ opened the hearing by reading the application for a varianoo, legal notice of hearing, affidavits attesting to its publication in the official newspapers, amd notice to the applicant. THE CHAIRHAN: Is there anyone present who wishes to speak for this application? MR. STANLEY WAIHEY: Hrs. Pfutzner asked me to help her present her case. The main dwelling is a tw~ bedroom ranch en Pine Tree Read. There is a one bedroom cottage on the other street, Herten's Road. It is true that it is difficult to sell. THE CHAIPJdAN: Nhere Horton's Road intersects Pine Tree Road at the corner there is another property and the baek of th~se two lots come together. We were out there but we were not able to tell what is contiguous. It looked as though one of the lets is about 110' x 216' and the small one is about 75' x 100'. MR. BERGEN: The lot that the large cottage is on goes behind the snell cottage. MRS. PFUTZNER: It's an ell shape. THE CHAIRMAN: Have you been trying to sell the two houses together? MRS. PFuTZNER: No, separately. They are really nice homes. THE CHAI~: One is quite sm~ll. ~RS. PFUTZNER: For o~e person it is wonderful. It is 20' x 25' and the garage is 18' x 23'. I thought I would stay here but circumstances prevent my ~;staying. MR. WAIMEY: She works for Lerd & Taylor and has to come out here every weekend. She has contracted to buy a home in Nassau County which is closer to her work. This will not change the density. It is not a filed subdivision. Had she purchased under separate names she would not be in any trouble. Southold Town Board of Appeals -29- June 28, 1973 MRS. PFUTZNER: I bough~ the second house in 1962, the Sm~11 one in 1957. MRS. MARGARET HARRIS: I ama broker and I realize the difficulties involved bu~ it certainly won't change the character of the neighborhood. MRS. JOAN.REIMER= My property fills out the sq,~e_re. There have always been two houses there and we have had no difficulty, T~ CHAIRMANt Is there auyone present who wishes te speak ~gainst this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with less thmm required area and frontage~ Part Plot #12~,~.Nap ef Nassaa Farms, Cutcho~e, New York. The Board finds that applicant wishes to separate lots in single owmership. The Horton Road dwelling was bought in 1957 ~nd the Pine Tree Read dwelling was bought in 1962. Applicant's property has always been in two separate lots. The Board finds that dividing the property will not increase the density of the area. The Beard agrees with the reasonin~ of the applicant. The Board finds that striet application of the Ordinance would produce practical diffioultiesor ~ecessaryhardshipl the hardship created is ,,-tque and would not be shared by all properties alike in the immediate vicinity of this property and in the same ~se district~ and the variance wi1! not change the character of the neighborhood and will observe the spirit of the 0rdinanoe. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED, Ann~ Maria Pfutzner, Pine Tree Road, Cutcho~ue, New York, be GRANTED permission to divide property with less than required area and frontage, Part Plot #12~, Map of Nassau Farms, Cutchogue, New York~ as applied for, subjec$ to the following condi~ioms That any request for enlargement of the snaller house shall come before the Board of Appeals so that the Board may consider how such an addition can be made. Vote of the Board: Ayes=- Messrs= Gillispie, Bergen, Hulse, Grigonis. Southold Tow~ Board of Appeals -~0- June 28, 197~ ~. WilliamG~ab~m of the North Fork Taxpayers Association inquired about the decision on the St. Johnts Lutherma Church application, Hestated that he nad not come to re~ister amy objection. He was ~iven a verbal summary of the findings to date. A letter of acknowledgment was written to ~r. James E. Berdinka~ 1280 Facto~yAvenue~ Mattituck~ New ¥ork~ in reply to his letter of June 8, 1973 gx~a~ttng permission to Mr. and Mrs. William Worthington, Soumd Avenue, Mattituck, to use a portion of his property for use of their horse. The Board approved nd si~ed twenty (20) Sig,~Renewals as submitted. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLFED that the minutes of the Southold Town Board of Appeals dated ~ne 7~ 1973, be approved as submitted, sub,oct to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Bergen, Gri~onis. On ~tion by Mr. Gillispie, seconded by}tr. Bergem, it was RESOLVED tb~t a special meeting of the Southold Town Board of Appeals be held at 7~0 P.M. (E.SoT.)~ Tuesday, July 3~ 1973, at the Town Office, ~a~n Road, Southold, New York. Vote of the Board~ Ayes:- Messrs: Gtllispie, Bergen, ~,]se, Gri~onis. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M. (E.SoT.), Thursday, July 19~ 1973, at the Tcwn Office, Main Road, Southold, New York. Vote of the Board~ Ayes~- Messrs: Gillispie~ Bergen, Gri~on~$. Southold Town Boa~d ef Appeals -31- June 28, 1973 On n~tion by Mr. Bergen, seconded by F~. Gillispie, it was RESOLVED that the Southold Tow~ Board of Appeals set 7:30 P.M. (E,S.T.), Thursday, July 19, 1973, at the Town 0ffice, F~in Road, Sou~hold, New York, as the time and place of hearimg upon application of Helen Chizzini, Mt, Beulah Avenue, Southold, New Yerk, for a variance in a¢cord~ace with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission te divide property with less than required area and frontage. L~cation of property~ east side cf Mt. Beulah Avenue, Seuthold, bounded north by C. W. Bocth~ east by C. W. Booth; south by C. ~. Booth~ west by Mt. Beulah Avenue. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Hulse, C~igonis. On n~tion by ~r. Gillispie, seconded by FAr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set ?~0 PoMo (EcS,To), Thursday, July 19, 1973, at the Town Office, Main Road, Southold, New York, as the time ax~ place of hearing upon application of I~mte V. and ~elyn Morel, Ba~iew Road, Seuthold, for a v~iance in accord~ce ~th the Zoning Ordinance, ~ticle III, Section 301 ~d the B~k Sched~e, for pe~ssien te divide property~th less t~required ~ea ~d frontage. Loeatiea of preperly~ ~ts ~1, 2, 3 ~d 157, ~p of Ced~ Beach P~k, Southold, New Ye~k. Vote of the Boards Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigenis. On~m~tion by ~. Hulse, seconded by RESOLVED that the Southeld Town Bear~ of Appeals set $500 P.M. (E.S.?.), Thursday, July 19, 1973, at the Town Office, Main Road, Seuthold, New York, as the time a-d place of hea~i~g upon application of Jo~u Divello, So,~nd View Avenue, Hattituck, for a variance in accordance with the Zoning 0rd~a~ce, Article III, Section 302 for permission to construct garage in front yard area. Location ef property: north side Sound View Avenue, Mattituck, ~ounded north B~L~ngIsland ~ound~ east b~ R. Mowery~ south b~ Sotu-A4 View Avenue~ west by Oasbor Inc. (park). Vote of the Board: Ayes~- Messrs: Gillispie, Bergen, Hulso, ~rigonis. $outheld Town,card off Appeals -32- June 28, 1973 On motion by H~o Grigo~s, seconded by Mro Bergem, it was RESOLVED that the Southeld Tom~ Board of Appeals set 8=10 P.M. (E.S.T.), Thursday, July 19, 1973, at the Town 0ffice, Main Road, Seuthold, New York, as the time and place of hearing _upon application of Ray Alexia~hes, Soundview Avenue, $outhold, (Meadow Point Properties), for a va~iance in accordance with the Z~nin~ 0rdinamee, Article III, Section ~01, and the Bulk Schedule, for perm/ssien to divide preperty with less than required area and frontage. Location of property: north side Sou~dview Avenue, Southeld, bo,mded north by Lon~Island Sound; east by Couleuceundis$ south by Soundview Avenue; west I~/B. Thompson. Vote of the Board: Ayes=- Hessrs: Gillispie, Bergen, Hulse, G~i~oniSo On motion hymn. Bergen, seconded hymn. Gitlispie, it was RESOLVED that the Southold Tow~ Board of Appeals set 8:~] P.M. (EcS,To), Thursday, J~ly 19~ 1973, at the Tew~ Office, Main Read~ Sou~held, New York, as the time and place of heari~ upon application ~f ~lchet Oe~orati~n, Peq~ash Avenue, Cu~ch~e, fo= a ~r~ance ~aou~ee ~th the Ze~ng Ordin~ee, ~ticle III, Section ~01 ~d the ~]k Sched~e f~r per~ssion t~ set off exis~i~ dwelling on lot ~th insufficient ~ ~d frontage. L~oation of p~pert~ south si~e ~in Road, Cu~oho~e, bo~ed north by ~n west by ~lchet Oo~oration. Vote of the I~ard: Ayes=- Messrs= Gillispie, Bergen, Hulse, On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the $outhold Town B~ard of Appeals set 8=35 P,M. (E.SoT.), Thursday, July 19, 197~, at the Town Office~ Ms/n Read, Southold, New York, as the time and place of hearin~ upon application of Philip a~d Claire Dietz, Peq%~ash Avenue, Cutcho~ue, for a variance in accordance with the Z~ning 0r~-~ce, Article III, Section 301 and the Butk Schedule for permission to divide property with less than required area and frontage, L~cation of property: west side Peq~$h Avenue, Cutoho~ae~ bounded north by North Cross Ruad~ east by Pequash Avenue~ south by Edward Harvey ; west by R. and S. La]da. Vote of the Board: Ayes=- Messrs: 6illispie, Bet§eh, Hulse, Gri~onis. Southold Tow~ Beard of Appe~s -33- June 28, 1973 On motion by Mr. Hulse, secop~ed by H~. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set $:~0 P.M. (E.S.?.), Thursday, J,,ly 19, 1973, at the Town Office, Main Road, $outhcld, New York, as the time an4 place of hearing upon application of 0a~l's M~bile Homes, 650 East MaA~ Street, Riverhead, for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 301 and the Bulk Schedule for permission to construct dwelling with reduced setback from road. Location of property: one-~-l~ let ~9 and all #50 and ~51, Map of Garden Heights, Mattituek; west side ~ax~ts Road and east side 0ak Place. Vote cf the Board: Ayes:- Hessrs: Gillispie, Bergen, Hulse, C~ig~nis, On m~tion by ~, Grigonis~ seconded by )Ir. Hulse, it was ~RSOLVED t~at the $outheld Town Board of Appeals set 9:00 P.M. (E.$.To), Thursday, July 19, 1973, at the Toun Office, Main Read, Seuthold, New York, as the time and place of hearing upon application of Evelyn Swisky, Bayview Road, Southold, for a variance in accordance with the Zoning 0rdina~ee, Article III, Section 301 for permission to divide property with less than required area ~d frontage and for a variance in accordance with Section 280A, SuBsection 3 cf the TowmLaw for approval of access. Location of property: north side Bayview Read, $outhold, ~unded north by West Creek~ east by E. ~-ullen and others; south by Bayview Road; west by Paul 0bre and wife. Veto of the B~ard: Ayes:- Hcssre: Gillispie, Bergen, Hulse, Origonis. On motion by Mr. Bergen, seconded by Mr...Grig~nis, it was RESOLVED that the Scuthold Town Board of Appeals set 9:10 P.M. (E,S.T.), Thursday, July 19, 1973, at the Town Office, Main R~d, $outhold, New York, as the time and place cf hearin~ upon application of James H. Pratt, Bay Aven~e, Cutcho~e, New York, for a vax~ance in accord~.co with the Zon~-ngOrdinance and Buik Schedule for pe~ssion te erect loading bin w~th silo in excess of 35 feet in height. L~catienof ~ropertyt west side Cox L~ne, Cutcho~ue, botmded north by McBride; east by.~oxLane} south by L. B. Glover; west by b. B. Glover. Vote of the B~ard: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Ju~e 28, 1973 The mee~i~gwas adjourned a~ i1:50 P.M* Robert W. Gillispie, Jr-, Ohai~