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HomeMy WebLinkAboutZBA-12/20/1973 Southolcl Town Boar fAppeals 5DUTHOLD, L. I., N. Y. 11971 Telephone 765-2660 APPEAL BOARD MEMBERS Rob¢~ ~. Gillispi¢, Jr., Chairman Robert BCrscn Charles Grisoni% Jr. 5¢rs¢ Doyen, Jr. Fred Huls¢, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS December 20, 1973 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, December 20, 1973, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr. Absent: Mr. Serge Doyen, Jr. THE CHAIRMAN: Appeal No. 1855, Stanley Garren, Nakomis Road, Southold, New York, was heard on November 29, 1973 but the decision was postponed until receipt of a survey indicating the proposed division. The applicant has submitted a copy of a Van Tuyl survey dated September 21, 1971 on which the proposed division is indicated. After investigation and inspection the Board finds that applicant requests permission to divide lot with less than required area on Nakomis Road, Southold. The findings of the Board are that that part of the lot on which the existing house is located consists of approximately 42,150 sq. ft., according to the proposed division, and the lot to the west would be approximately 34,820 sq. ft.; leaving a 15 foot side yard for the house on the 42,150 sq. ft. lot. The Board finds that the proposed lots will be larger and, in some cases, twice the size of adjoining lots in Laughing Waters. The Board agrees with the reasoning of the applicant. The Board finds that strict applicatlon of the Ordinance would produce practical difficulties or unnecessary hardship~ Southold Town Board of Appeals -2- December 20, 1973 the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Stanley Garren, Nakomis Road, Southold, be GRANTED permission to divide lot with less than required area on Nakomis Road, Southold, as has been described on the proposed division submitted by the applicant. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. THE CHAIRM~: Appeal No. 1858, Charles and Margaret Christiansen, Pine Neck Road, Southold, was heard on November 29, 1973. The decision was postponed for further investigation. I have also consulted with the Town Attorney on this Appeal. After investigation and inspection the Board finds that applicant owns Lots Nos. 1 and 2, and has sold Lot No. 3 to Gagen. The suggested division would provide a lot of 100 ' by 200' on Pine Neck Road; and a lot of approximately 198' on the west and 176 feet on the east, and 102' on Custer Avenue. The lots in the surrounding area are of the same or smaller dimensions. 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 Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Charles and Margaret Christiansen, Pine Neck Road, Southold, be GRANTED permission to divide property as indicated on survey of Van Tuyl dated September 18, 1970 for property located on the south side of Pine Neck Road, Southold, as applied for. Applicant is granted permission to use Lots Nos. 1 and 2 separately. ~outhold ToWn Board of Appeals -3- December 20, 1973 Vote of the Board: Griqonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, THE CHAIRMAN: On October 11, 1973 the Board of Appeals held a hearing for Appeal No. 1842, Lucille Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area on the south side of Main Road, East Marion. It was stated by the attorney of the applicant, Mr. Rudolph Bruer, that '%he applicant had 6.3 acres and would like to be able to sell as separate lots the piece of property with the three cottages on it. They are 20,000 sq. ft., 21,000 sq. ft. and 25,000 sq%~ ft. in size. To enlarge the northerly one so it will be an acre would leave you with two substandard lots. What we are proposing as of now is in regard to these three pieces to make one of them an acre piece including the right of way, and also having these three pieces being able to use the beach area. We would withdraw the application and stipulate that this piece of property would not be further developed. What we might ask for in the future would be to take this one house and make it one very large piece so you ~ would have (referring to map) a two acre piece here and a two acre piece here." (There was further testimony about common ground). THE CHAIRMAN: Ail of this was very confusing and it seemed to us that it belonged to the Planning Board since they were asking us for variances in a proposed minor sub- division. On October 18th I wrote to the Planning Board as follows: "The applicant owns four houses on the easterly portion of a 6.3 acre waterfront tract in East Marion and proposes to divide the property into lots so as to limit the maximum density into five lots. This would require lot area variances for two existing cottages. Two other lots would be substantially larger than 40,000 sq. ft. and would be covenanted to prevent further division. The Board of Appeals posi~Qn is that this proposal is a desirable project and that area variances for these small lots should be granted subject to Planning Board approval of the whole project." ~outhold Town Board of Appeals ,4- December 20, 1973 On October 31st, 13 days later, the Chairman of the Planning Board wrote as follows: "In reply to your letter of October 18, 1973 with regard to your Appeal No. 18'42, Lucille Mosback, this Board feels that it is unwilling to enter into an agreement whereby the Appeals Board would grant variances on two undersized lots even though there are three standard size lots remaining in the proposed minor subdivision. In talking to the attorney in this case, it would seem more realistic to consider each one of the existing houses on a lot and then have the Appeals Board authorize a building permit on one additional lot. We are enclosing a rough sketch of our ideas on the subject and the attorney seemed to feel that this would satisfy the owners. If, however, the Appeals Board will come up with a variation for one undersized lot and could suggest four standard lots, this Board would be happy to cooperate. In all cases of oversized lots a legal instrument stating the lot will not be resubdivided should be insisted upon." After considering Mr. Wickham's letter at length, I sent a letter to Mr. Henry Moisa, Acting Chairman in Mr. Wickham's absence, on November l~h as follows: "In reply to Mr. John Wickham's letter of October 31, 1973, we have consulted with the Town Attorney and we are unable to suggest a variation of the applicant's proposal for two undersized lots which would comply with your third paragraph; namely one undersized lot, and four full ones or oversized lots. Since the applicant owns adequate acreage bordering the proposed undersized lots, it would be our suggestion that all of the lots be full or over- sized, and that oversized lots be covenanted~to prevent further subdivision. We will be glad to consider any other suggestion which might involve the Board of Appeals before a decision is reached. Our decision has to be made within sixty days of the October 11, 1973 Public Hearing. Unless we hear from you the application, as presented originally, will be denied." After investigation and inspection the Board finds that applicant requests permission to divide and set off lots with existing buildings with less than required width and Southold Town Board ~of Appeals -5- December 20, 1973 area on the south side of Main Road, East Marion, New York. The findings of the Board are that this decision has been delayed due to the time element involved in communication between the two Boards, so, the present decision is timely. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary 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 motion by Mr. Gillisple, seconded by Mr.~Grigonis, it was RESOLVED, Lucile Mosback, Rose Hill, North Carolina, be DENIED permission to divide and set off lots with existing buildings with less than required width and area on the south side of Main Road, East Marion, New York, without prejudice to applicant obtaining a minor subdivision and without prejudice to future applications. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1860 - 8:00 P.M. (E.S.T.), upon application of Robert Neudeck, Cox Neck Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to set off lot and build dwelling with insufficient width and area , and unapproved right of way Location of property: Right of Way west side of Cox Neck Road, Mattituck, New York, bounded north by William Chudiak; east by Neudeck; south by William Chudiak; west by William Chudiak. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN:- Is there anyone present who wishes to speak for this application? ~outhold Town Board of Appeals -6- December 20, 1973 MR. ROBERT NEUDECK: (Referring to sketch) This is my mother's house and this is Mr. Zabimsky's house. He has two lots; my mother had a double lot. I want to put a house up behind Mr. Zabimsky's property but I can only get this lot (indicating sketch) which would give me 200' frontage. I will be buying from Mr. Chudiak; his lawyers has all the papers made up. If I can get an okay I can have it. THE CHAIRMAN: The required size of lot has increased to 40,000 sq. ft. Your mother's lot is half the size of the minimum 40,000 sq. ft., and your lot would only be 25,000 sq. ft. This right of way is not an approved right of way. MR. NEUDECK: He has it on the map in Riverhead. THE CHAIRMAN: It's not an approved subdivision so you can see what the effect of this would be if this were approved by this Board; we would be interfering with the orderly development of land. We would be unwilling to reduce either lot so your only solution is to get 40,000 sq. ft. from Mr. Chudiak. There is no way we can approve this. I have discussed this matter with the Town Attorney. Mr. Chudiak owns 38 acres and he is trying to sell this off in one quarter acres. He can do that but nobody can build on them. He is trying to subdivide without a plan. Mr. Chudiak has to get approved access. People have to be able to get to their lots. MR. FRED HULSE, JR.: That's a lot of right of way to keep up. (Referring to map) If you bought from here back, your mother could give you a right of way over this property. That would save you a lot of maintenance. THE CHAIRMAN: You have to have 40,000 sq. ft. There doesn't seem to be any reason why you can't get all the property you need from Mr. Chudiak. Mr. Chudiak will have to make up his mind to do what has to be done to subdivide. It doesn't make it legal to draw square footage on a map. This is not something that is done deliberately to you; this would apply to everybody. Do you have any questions? (There was no ~esponse.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -7- December 20, 1973 After investigation and inspection the Board finds that applicant requests permission to set off lot and build dwelling with insufficient width and area, and unapproved right of way, located: right of way west side of Cox Neck Road, Mattituck. The findings of the Board are that the proposed lot would be 25,000 sq. ft. in size. The minimum requirements of the Town of Southold are 40,000 sq. ft, lots. The Board finds that this is not an approved subdivision, and the right of way is not an approved right of way. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary 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 motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Robert Neudeck, Cox Neck Road,Mattituck, New York, be DENIED permission to set off lot and build dwelling with insufficient width and area, and unapproved right of way, for the reasons stated. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Grigonis, Hutse. PUBLIC HEARING: Appeal No. 1859 - 8:15 P.M. (E.S.T.), upon application of Charles & Rosemary Krull, 144 Oceanview Road, East Rockaway, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with less than required width and area. Location of property: Right of Way S/S King Street, Orient, bounded north by Frey; east by Willow C~r~ Terrace Subdivision, Section I; south by Steedle; west by Orient Harbor. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -8- DeCember 20, 1973 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. CHARLES KRULL: I am here to speak for my application. THE CHAIRMAN: The description as provided in the legal notice is a more accurate description than the one given by the applicant from the tax map. MR. ROBERT BERGEN: Has this ever come before the Board in the past? MR. KRULL: In 1969 I was represented here by Floyd King and we got a variance granted for a right of way for subject parcel No. 2 and No. 1 which was sold to Mr. Steedle. (Mr. Krull indicated the right of way on the survey). We owned all three lots. When I built my home on Parcel No. 3 I abided by the sideyard requirements. I got an appeal on setback because of the right of way. THE CHAIRMAN: Did you apply for the original subdivision? MR. KRULL: Mr. Simon did. THE CHAIRMAN: How many lots were in the original subdivision? MR. KRULL: I guess there were two. THE CHAIRMAN: When was the original subdivision of the Board of Appeals made~ MR. KRULL: When I got an appeal in 1968 or 1969. (The Chairman read from the Action of the Board dated April 11, 1968: ,After investigation and inspection ~he Board finds that the applicant requests approval of a 16 foot right of way. Said right of way runs approximately 183 feet in a southerly direction. The right of way is to obtain access to property which was granted division by the Board of Appeals in 1959. The right of way will serve two lots. The right of way shall be suitable for ingress and egress of all emergency vehicles.") THE CHAIRMAN: I believe that clarifies it; it is actually a minor subdivision which was created by this Board. This will have to go to the Planning Commission in Hauppage and the Southold Town Board of Appeals -9- December 20, 1973 Department of Environmental Control. It is my opinion that we should not act on this until the D.E.C. has approved it. They are now moving faster than they did. The Building Inspector believes that the Town Trustees can challenge, under the Andros Pa~ent, the rights of the D.E.C. to control waters ar6und the Town of Southold. How is the water at your property? MR. KRULL: I have it tested regularly. We are not intending to build on it. I don't even hope to sell it. My son is an attorney in Scottsdale, Arizona and he said that he would like to have that lot some day. People have come to me and said that they understand we can't b~uild on it. That is the reason we are making application. I may never build on it but I would like to protect myself. THE C~AIRMAN: The tax people have incorporated your lots into one lot. MR. KRULL: This surprised me. I was Mayor of my Village for many years, and these things get by. When we sold the lot to Steedle they reduced our assessment. THE CHAIRMAN: This tax bill is for both lots. Now, you intend to separate them. MR. KRULL: That's an architect's survey and may not hold up as a legal document. THE CHAIRMAN: I have checked with our Town Counsel and I don't think there is anything we can do. I don't believe your application can be denied. MRS. LORRAINE TERRY (North Fork Environmental Council): Does this lot have 150 foot frontage? MR. KRULL: It's 12,670 square feet; 102 feet on the front and the depth is 130.8 feet on the north. THE CHAIRMAN: At one time 12,500 sq. ft. was acceptable. MRS. TERRY: It has been treated as one lot. THE CHAIRMAN: Not necessarily. If you have four lots the tax people might treat them as one in sending out bills. MRS. TERRY: Do you base your decision on the fact that they have been considered separate lots there? THE CHAIRMAN: We granted them a subdivision. Southold Town Board of Appeals -10- December 20, 1973 MRS. LORRAINE TERRY: May I ask about the reference to the D.E.C. and the Planning Commission? THE CHAIRMAN: The Planning Commission has sent back to us applications that do not have D.E.C. approval on them. MRS. TERRY: What about cesspools? THE CHAIRMAN: That's under the jurisdiction of the Board of Health. MRS. TERRY: Doesn't it have to be 100 feet from the shoreline? MR. KRULL: It has to be 50 feet from the high water line. 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 lot with less than required width and area located on Right of Way, south side of King Street, Orient. The findings of the Board are that the Board of Appeals created a minor subdivision in 1959 of which Lot No. 2, which is under application, is a part. 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 Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Charles & Rosemary Krull, 144 Oceanview Road, East Rockaway, New York, be GRANTED permission to divide lot with less than required width and area, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of A~peals -11- December 20, 1973 PUBLIC HEARING: Appeal No. 1861 8:30 P.M. (E.S.T.), upon application of Gasper Pisacano, Cedar Beach Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Sec. 100-30 & 100-31 and Bulk Schedule for permission to divide lots with insufficient area. Location of property: Cedar Beach Road and Paradise Point Road, Southold, bounded north by Weymouth; east by Heacock; south by Cedar Beach Road; west by Paradise Point Road. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: The application is accompanied by a survey dated October 8, 1969 indicating that the original property on the northerly dimension is 365.60 feet; and on two courses running from the northeast corner of the property it is 140 feet and 135 feet in a general southerly direction; and the property measures 400 feet on Cedar Beach Road. The dimensions proposed for the new lots are 155 feet (plus or minus) on the southwesterly proposed lot, and 165 feet (plus or minus)~for the proposed new lot on the northwest corner. The result would be 40,000 sq. ft. on the residence lot- (existing one story frame house and ga.rage). The two new proposed lots would be approximately 35,000 sq. ft. each. One of them would have 250 feet on Cedar Beach Road and 155 feet + on Paradise Point Road. The other lot would have approximately 165 feet on Paradise Point Road. MRS. JEAN TIEDKE (League of Women Voters): The drop from five lots to three lots includes his residence. THE CHAIRMAN: It's not a subdivision. Somebody just drew fi~e lots on a map. MRS. TIEDKE: It's remarkable to see lot sizes increased. THE CHAIRMAN: He assumed he had five lots. It is not a subdivision so that is the problem he has. There are small lots on the south side of Cedar Beach Road, about a quarter acre. To the south there is the Marine Science Center, which means this application will have to go to the County. Sunset Way Road has summer homes. These lots would be vastly larger than any of the lots in the area. Across the street is half acre property. As this proposal is for three lots, it would Southold Town Board of Appeals -12- December 20, 1973 seem we would have to act on this subject to Planning Board approval. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: The problem we have is that this is going to become three pieces of property. The Planning Board will have to refer it back to us. After investigation and inspection the Board finds that applicant requests permission to divide lots with insufficient area. The findings of the Board are that applicant is largely surrounded by lots that are one quarter acre or less in size and a few half acre lots. The proposed lots seem to be a most reasonable disposition of square footage; the total area is 110,000 sq. ft. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would no~ 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 sp~irit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Gasper Pisacano, Cedar Beach Road,~Southold, be GRANTED approval of division of p~operty as outlined in survey dated October 8, 1969, subjec~ to the following condition: That the proposed division of applicant's property be subject to the approval of the Planning Board since it involves the creation of three lots. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -13- December 20, 1973 PUBLIC HEARING: Appeal No. 1862 - 8:45 P.M. (E.S.T.), upon application of William Pappas, 2384 Lindenmere Drive, Merrick, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to build one family dwelling with insufficient setback from road. Location of property: Private Right of Way - Beverly Road, Southold, bounded north by W. Fiedler; east by Beverly Road; south by Mill Creek; west by Mill Creek. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. CHRISTOPHER PANTAGES: I am here to speak for Mr. Pappas. I have a real estate agency in Merrick. Mr. Pappas is President of the Greek Orthodox Church in Hempstead. He is from Merrick. What he is building is a summer house in Southoldo He asked me to tell you that inasmuch as the private road , in question, is his property- a 35 foot setback would be a hardship for him. He says he understands that Dr. Fiedler has already obtained a variance and has built a garage, and that this garage has a lesser setback than his setback. The entire length and width in front of the proposed house, with utility and easement rights, is owned by him. THE CHAIRMAN: Do you have any evidence with you that he owns the road? MR. PANTAGES: I have a survey here; I do not have the Deed. THE CHAIRMAN: Dr. Fiedler lives across the street but has a lot on the same side of the road as Mr. Pappas and that is where he keeps his garage. MR. PANTAGES: He has less than 35 feet. THE CHAIRMAN: It's an accessory building. Part of the history of this property is that Haas never filed a subdivision map. He started some of this just before zoning. You have probably noticed that there are a lot of small houses there. This occurred prior to zoning so that the Appeals Board, ~he Planning Board, and the Town Board have been in an awkward position on this property. I believe that the property which Mr. Pappas now owns changed hands two or three times. Southold Town Board of Appeals -~- December 20, 1973 MR. PANTAGES: The law states that it must be 35 feet from the street. In Nassau County we have what is called a "dedicated" street that is owned by the Town. Beverly Road is a private road. THE CHAIRMAN: We have "dedicated" streets here too. One question that concerns me is that Mr. Pappas might own the road but there might be other easements. I think we are prepared to act on this tonight but only if he will reduce his rear yard to 25 feet and have the house 10 feet off Dr. Fiedler's line. What we think he should do is reduce the dimension to 25 feet on the westerly border of the lot, and increase the distance between his property and Dr. Fiedler's from 5 feet to 10 feet. ~.This would locate the house approximately 16 feet from Beverly Road. This will have to go to the Planning Commission and the Department of Environmental Control. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) MRS. JEAN TIEDKE (League of Women Voters): What is the size of the lot? (Mr. Pantages showed sketch to Mrs. Tiedke). After investigation and inspection the Board finds that applicant requests permission to build one family dwelling with insufficient setback from road located on Private Right of Way, Beverly Road, Southold. The findings of the Board are that applicant's lot has water on two sides and the 35 foot requirement would restrict the use of the rear yard. Mr. Pappas and Dr. Fiedler own the only two parcels on the west side of Beverly Road between Middle Road and Arshamomaque Pond. Dr. Fiedler has a garage on his plot which is located less than 35 feet from the front line. The Board agrees with the reasoning of the applicant subject to conditions. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecess- ary 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. Southold Town Board of Appeals -15- December 20, 1973 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, William Pappas, 2384 Lindenmere Drive, Merrick, New York, be GRANTED permission to build one family dwelling with insufficient setback from the road, located on Private Right of Way, Beverly Road, Southold, subject to the following conditions: That the house be located at least 15 feet from Beverly Road; 10 feet from the northerly line (Fiedler-Pappas line); at least 35 feet from the northeast property line; no closer than 20 feet to the westerly line, and no closer than 25 feet to the southerly line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1863 9:00 P.M. (E.S.T.), upon application of Joan and Russell Mann, Oakwood Drive, Southold for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: Oakwood Drive, Southold bounded north by Christopher Street; east by Oakwood Drive; south by R. Osmer; west by P. McKercher. Fee paid $15.00. The Chairman opened the hearing by reading the legal notice of hearing, application for a variance, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating that the property is approximately 140 feet in depth. One of the lots is tapered at the rear which indicates that it would be less than 40,000 sq. ft. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: Mr. Mann is here tonight. His wife bought the property in 1957. At that time he thought he was getting two lots. With the advent of zoning, he had a piece of property that merged into one lot. Over the years he thought he had two lots. Most of the lots in the area are approximately one quarter acre in size. Southold Town Board of Appeals -16- December 20, 1973 Basically, what we are asking here is for the right to have another building lot, not that there is any intention to sell. MR. RUSSELL MANN: Not at the present time but eventually I hope to sell. When we bought the property we bought it as two lots. We bought it on the basis of the final map of the development, and it was our intent to sell each separately or build on one and sell the other one. We did build on the corner lot and we were careful~to place the house within the proper setbacks. All the lots have been built on, with one or two exceptions, in accordance with the map. It would be conforming if someone did buy it. MR. BRUER: It's not an excepted map. THE CHAIRMAN: Personally, I don't see any problem with this. It is something that would be upheld because all of the surrounding lots on both sides of the street are the same size. There is one interesting point you make "applicants will be unable to make adequate estate planning provisions with respect to the disposition of their real property. Applicants would be unable in the future to dispose of the property separately." I have never considered that this is proper reasonin~ although it's often brought into the picture. MR. BRUER: I don't think the Board would have to consider it. THE CHAIRMAN: It's not a valid reason. 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 lot with insufficient width and area at Oakwood Drive, Southold. The findings of the Board are that applicant is the owner of two lots both of which are in conformity with the general character of the area. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -17- December 20, 1973 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 Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Joan and Russell Mann, Oakwood Drive, Southold, be GRANTED permission to divide lot with insufficient width and area located on Oakwood Drive, Southold, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M. (E.S.T.), January 10, 1974, at the Town Office, Main Road, Southold, New York. Ayes: Messrs: Gillisple, Bergen, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated November 29, 1973, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Twelve (12) Sign Renewals were reviewed and approved as submitted. Southold Town Board of Appeals -18- December 20, 1973 There was a further discussion with regard to the Lucile Mosback application with Rudolph Bruer, Esq. as he had not been present to hear the decision of the Board which was rendered earlier in the evening. The Chairman informed Mr. Bruer that the Appeals Board could not grant a variance on this property unless they receive a recommendation from the Planning Board. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, January 10, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Eugene and Sally Martens, 161 ROckaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 - Section 100-35 for permission to erect and maintain stockade fence of excessive height. Location of property: S/S Bay Avenue (Skunk Lane) and bounded north by Bay Avenue; east by Town of Southold & Cutchogue/New SuffolkPark District; south by Broadwaters Cove; west by A. Petrucci. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.S.T.), Thursday, January 10, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Donald and Nancy Arcuri, 60 East 4th Street, Patchogue, New York, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback and rear yard. Location of property: South side Lighthouse Road & Long Island Sound bounded on the north by Long Island Sound; east by G. & D. Anderson; south by G. & D. Anderson; west by Lighthouse Road. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -19- December 20, 1973 On motion by Mr. Grigo~is, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E~S.T.), Thursday, January 10, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Gerard Goehringer, Sigsbee Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for p~rmission to divide property with insufficient frontage and area. Location of property: Sigsbee Road, Map of Mattituck Park Prop., Lots 46 and 47, Mattituck, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. The meeting was adjourned at 10:15 P.M. Respectfully submitted, Marj~rie Mc D ermott, Secretary Cf~~.°~Chairman