Loading...
HomeMy WebLinkAboutZBA-09/20/1973 Sout old Town Board of Appeals SOUTHOLD, L. I., N.Y. 119~71 Telephone 765-~6~50 APPEAL BOARD MEMBER Robert W. Gillispie, Jr,, Chairman Robert Bergen Charles Gd~oni~., Jr. Serse Doyen, Jr. Fre~ Hul~e, Jr. SOU~HOLD TOWN BOARD OF APPEALS September 20, 1973 A regular meeting of the Southold Tow~ Board of Appeals was held at 7130 P.M., Thursday, September 20, 1973, a~ the Town Office, ~ain Road, Southold, New York. There were present~ Messrsl Robert W. Gillispie, Jr., Ohairma~l Robert Bergent' Oharles Grigonis, Jr.l Serge Doyen, Jr. Also presentl Mr. Howard Terry, Building Inspector. Absen~l Mr. Fred Hulse, Jr. TNE at the The P-l~ma~Boar~ postponed decisions of Arthur J. Bujnowski and Brian Lynch September 2%th at which time these variance be reviewed. As ~tr. Bujnowski is present $onigh~ I would like $o ask a few questions for further clarification, and Mr. Bujbowski is also welcome to attend the meeting at ~he Supervisor's office. THE CHAIRMAN, How many airplanes will be flying off the strip? MR. ARTHUR BUJNOWSKI, There would be one airplane leaving and re%urging %0 the strip. Southold Town Board of Appeals -2- September 20, 1973 THEOHAIRMANs Would your friends, who are interested in antique airplanes, drop in on you? MR. BUJNOWSKIs No. I explained the situation to the group and they understand as they are all mature people. I told them that one man landing on my strip could spoil this thing. Nobody knows where I am. If one other airplane came in here people would see it and change the whole com- plexion of the thing. I hope that the Town will per'it me to pursue this interest. My closest neighbors don't object. THE CHAIRMAN8 We are net going to m~ke a decision tonight. HoW many people, Serge, land on Fishers Island? MR. SERGE DOYEN: A helicopter drops in occasionally. There is no regular pad. Somebody might land on his friend's front lawn. Off and on ~seaplane lands in the harbor. There might be nonefor months ~nd a dozen in a week. THE CHAIRMAN: How mar~v private planes are there? MR. DOYEN: Certainly not more than one or two but in the summer there, might be a half dozen that belong to the people on the Island. They might have a company pl~.~e waiting for them. An airplane is not something you leave around. They just come and go. THE CHAIRMAN:. Did you say you have two sene who fly? addressing Mr. Buonowski). MR. BUJNOWSKI: ~?y sons are not eld enough to fly. THE CHAIRMAN: The meeting at the Supervisor's office is not a hearing~ it is just to develop information. 0n motion By Mr. Gillispie, seconded by ~r. Grigonis, it was RESOLVED that decision of the Appeals Board on Appeal No. 1821, Arthur J. Bujnowski, Be postponed for further information. Vote of the Boards Ayes:- Messrs~ Gillispie, Bergen, 6rigomis, Doyen. Southold Town Board of Appeals -3- September 20, 1973 On motion by Hr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that decision of the Appeals Board be postponed on application of Evelyn Swisky, Bayview Road, $outhold, New York, until the Appeals Board receives a letter of recommenda- tion from the Planning Beard. Vote of the Board, Ayes~- Messrs~ Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING, Appeal No. 1820 - ?155 P.M. (E.S.T,), upon application of William Grefe, New Suffolk Avenue, New Suffolk, New. York, ~or a special exception in accordance with the Z~nimg Ordinance, Article IX, Section 900 as refers to Article VIII, Section 800 B-4, 3 and Article IX Section 900-8 for permission to operate building contractor yard and to manufacture amd stere concrete products. Location of propertyl W/S Cox Lane, Outchogue, bounded north by L. B. Glover, Jr.~ east by Cox Lamed south by B. Harris! west by L. Glover, Jr. THE CHAI~N: This decision was postponed because of an incorrect legal notice. The Chairman opened the hearing by reading the legal not}ce of h armng, appligatlen for a special exception, affxdavits attesting to mrs publication in the official newspapers, and notice to the applicant. THE CHAIRMAN~ Is there anyone present who wishes to speak for the applcAnt? topso gravel, trucks and bulldozers, and amount of precasts, It is zoned "C-l" which ms a p rmmtted use for this type.of thing. He is under COntract te purchase one acre which was at one time in single and separate ownership. I believe that would be in keeping with the use intended by the Town and would not be detrimental to the area. THE CHAIRMANt What is the area of the plot under application? Southold Town Board of Appeals September 20, 1973 MR. OLSEN~ An acre, 195 feet on ~ox La.ne and 225 feet deep. It is being purchased from Eastern Suffolk Oooperative, THE CHAIR~ANs How much land is there? MR. OLSEN~ I believe there is a remaining 2.9 acres. THE CHAIRMAN, Have you checked the Ordinance as to what portion of these activities fall into the "C-l" category. N~R. OLBEN, I believe they all would. THE CHAIRMAN: A Building Contractor's yard is in Light Industry. Storage but not manufacture of concrete products would be in Light Industrial but if he were going tommanufacture it would require 200,000 sq, ft. It seems to me that if this were granted, it would have to be limited to uses that normally fall into a building contractor's yard because the Bulk requirement for Light Industrial is $0,000 sq, ft. MR. OLSEN~ What would be permitted? THE OHAIRMAN~ If it were granted you would be limited to the ~0,000 sq. ft. plot which you have. We have run into this difficulty before. You still need a variance. MR. OLSEN, Could he maintain an office there, store products and~.equipment, sand and gravel? THE CHAIRMAN,' Manufacturing would not be allowed ~uder this Ordinance. Cement block, Redi-mix, or blo~k manu~acturlng fall in the Heavy Industrial category. HR. WILLIA~ GREFE~ We plan on manufacturing pre-fab septic tanks, Catch basins, but no cememt blocks, THE OHAIRMAN~ You are not going to manufacture cement. MR. GREFE~ No. THE OHAIB~ In Light Industrial you are permitted assembling, converting, etc. MR. 0LSEN~ (addressing Mr, Grefe) Are you going to use coal for fuel? MR. GREFE, No. Southold Town B~a~ of Appeals -5- September 20, 1973 THE CHAIRNANs Setback requirements would have te be followed. MR. HOWARD TERRY, Building Inspectors You have am established setback.already established there by adjoining bmildi~s ~ithin 3~0 feet-of his property.. T~ ~verage setback still applies to this, Some of the a ~oxning buildings are practically on the property line. THE CHAIRMA~Ns Is there anyone present who wishes speak against this application? (There was no response.) THE CPLAIRMAN~ ~hat is the Z~ne on the surrounding property? MR. OLSEN, I believe it is THE CHAIRMAN~ Except across the street, is that correct? MR. OLSENs Yes, THE CHAIRMAN~ Arc'there any questions? (There was no response.) THE CHAIRM~ANs I would like %o postpone this decision and take a little .more time to study it. This decision will be made prior to the next meeting, some time in the next week or two. On motion by Mr. Gillispie, seconded By NLr. Doyen, it was RESOLVED that the Southold Town Board of Appeals postpone'decision on Appeal No. 1820, William Grefe, New Suffolk AVenue, New Suffolk, New York. Vote of the Beard~ Ayes~- Messrs, Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING, Appeal No. 1830 - 7,55 P.M. (E.S.T.), upon application of John F. Keating, Soundview Avenue, teuthold, New York, for a va_~iance in accordance with the Zoning Ordinance, Article III, Section 3~2 for permission Southold Town Board of Appeals -?- September 20, 1973 On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, John F. Keating, So~-~dview Avenue, Seuthold, New York, be GP~TED permission to erect an accessory building in front yard area of property Iccated on the north side of Soundview Avenue, Southold, as applied for. Vote of the Boards Ayesl- Messrss Gillispie, Bergen, Grigenis, Doyen. PUBLIO NEAR~JIG, Appeal No. 1832 - 8s05 P.M. (E.$.T.), upon.application of Andre Pappas, 15 Pleasantview Drive, Bayv~lle, New York, and Nines SavvidelS, 25-10 Hoyt Avenue, Astoria, New'York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide property into two lots. Location of property, Let #8?, Capt. Kidd Estates, Inlet Drive and summit Drive, ~attituck, New York. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, leg.al notice of.hearing, affidavits attesting to its publication ~n the officmal newspapers, and notice to the applicant. THE CHAIRMAN,. The survey of Young & Young indiCates that the property ~s on the west side of Inlet Drive and that it has approximately 250 feet en Inlet Drive. The depth at thei~orth end is less than that at the south end. There is a curve in the read on the north end of the property. The lot at the southerly end of the property would be 12,285 sq. ft. Basically, the property is 250 feet by 100 feet. It is not evenly divided. Also accompanying the application is a tax map indicating this lot and its relationship te the other lets in the vicinity. THE CHAIRMANI Is there anyone p~esent who wiahes to speak for this application? ~ILLIA~ WICKEAM, ESQ,,. We den oS ask for anequalsub- division sothat each lot would have the same area. The proposed.line marks a break in the contour. The southerly portion is relatively flat. From the house, northward, there is a terrace. At the end of this terrace the ground goes down quite rapidly. Therefore, the southerly part can't take advantage of the nox~therly par~ because it can't be seen. Even if you put in shrubs it would be ne advantage because you would have to go down to the end of the terrace. That was the reasonfor the bre~k ~here rather than in the center. If we had markedthat in the center we would have Southeld Town Board of Appeals -8- September 20, 1973 an area which could not be used by the southerly part. THE CHAIRMAN, I think you should explain why the property should be usedat all. It appears that across the street there is a larger property. MR. WICK~ The northerly part is umuseable. We can't take advantage of it as it is. If you sit on the terrace you don't see the lot. It breaks cfr tee sharply. If it went the other way it would be alright. It just is not useable. THE OHAIRNANs The point I am making is that it should net be used because we have an Ordinance requiring $0,000 sq. ft. The point I ~ getting at is that the hardship would net be u~uique as it happens to everyone else in the Town of Seuthold. MR. WICEHAMs It's an economic thing. They can't take advantage of it physically or aesthetically. THE CHAIR, s What we have,been guided Dy is the su~=~=ounding location. If the majority of the surrounding lots are larger than the lots you propose ~o divide, generally we don't.divi~e them. It leeks to me as if ~his lot is more er less ~den~i~al'to the eno te the west. The only really small lot is No. 88 and that's alongside several on Inlet Drive which womld be about the $~me size as your proposed division. Nos. 76, 77, 99 and 150 are small lo~s. Lots 88, 89, and 90 are relatively small. MR. WICKHAMs 101 and 102 are the Water Works. THE GHAIR~ANs Is ~here plenty of water there? MR. WICEHAM~ They are supplying this development and Sunset K~olls. THE CHAIRMAN~ We have tried to evolve a formula for what is legally psrmissible, a guide that the County and State use concerning the neighborhood. The adjoining let owned by E. Gre¢o is similar in size. There are at least two lots directly to the west that are about the same size as the Pappas property. Directly across the street there are three lots wmth One house. THE CHAIRNAN~ Does anyone else wish to speak for this application? (There was no response.) Southold Town Board of Appeals -9- September 20, 1973 THE CHAIRMAN: This apparently was one lot in Captain Kidd E~tates. ~IR. WICKHAM~ Yes, it sold as one lot. THE OHAIRM~N~ Is there anyone present who wishes to speak against this application? MR. A. H. ZAEKER, I have the property directly across the street, Lots 74, ?5 and ?6. It seems this is a request to put two houses on ome lot and I don't think that's right because there are two owners. MR. WIOKHAM~ It's owned by Mr. Pappas and a couple in joint ownership. MR. ZAEKER, That's why I oppose it because I think it would be a small piece of property to put another house on considering it,s a corner piece of property. It would have to be set back 35 feet om each side of the road. If they should get a variance, they would be requesting more variances, and also to put a garage en it, so~ I don't think it's a geed idea. MR. J. E. CAIJ~N~ I have Lot 91. The lot I own is the same size as the applicant's, When urchased this proper~y frem Mr. Kaplan it stated in Deed that there ~as on~y ?me house to be built en one lot. I feel that if permission were granted to put that house on the northern end cf the' lot it would be a serious hazard to the pumpi~ station. This well serves 1~O families. Mr. Ea~ord was denied because of contamination of the jell. The northerly end of applicant's lot is $1~ost xmmediatelYadjacent to Lot 101 which is the Water Works. THE CHAIRMAN~ Captain Kidd Estates own 101 and 102. Separate individuals own 98, 99, 100 and 103. De they all have houses on them? MR. OALLAHAN~ Let~ 97, 98, 99, 100 and 105 all have houses en them. Lot 102 doesn'$ have a house. .I'also feel I have considerable momey invested in my property, Let 91~ om Central Drive, en top of the hill. I disagree with the applicant's attorney that this is a steep grade here (referring to map). The previousowner terraced $his with ties. There is serious erosion. If you split this up you will have more troUble with erosion. You would mlso have'trouble with a car coming cut of a driveway. This is almost a speedway. Southold Town Board of Appeals -10- September 20, 1973 THEOHAIRMAN~ You stated that according to your Deed you s~e restricted to one house. Nd{. CALLAHANI Yes. A neighbor wanted to put tw° houses up ~nd he was net allowed to do it. THE CHAIRMANI Deed? Mr, wio~B~_~, have you looked at 2he MR. WICKtIAM: I recall no restrictions in the Title report. Plans and specifications had to be approved. MR, ZAEKER, There are lots further down on Summit Road and they-stretch from one street to the other, and they have in their Deed that they have permission to divide the lots. They are bigger than this, MRS. HELEN ~fEEVNIK~ I am em Central Drive md opposite to Mr. Callahan. Directly opposite is Tsontos and Stepper. They run almost as long as Mr. Oallahan's lot does. If this variance were granted, there would be nothing to stop people from having houses on all the lots. It would be another Levittowm. THE.~HAIRMAN, Does your Deed restrict to one house? MRS. ~EEVNIK~ I don't remember. As far as this gentleman claiming that this land is un a sharp incline, I knew the previous owner for years and she did grade and terrace it. Today it is a jungle. These people have never Iived in it as owners. I don't say they don't intend to live in the house but they may still rent it out as speculation. They build these houses and rent them. They have summer rentals by the dozen. This is the reason I object to breaking up the lots. MR. ALFRED J. KIRBY~ I am on Captain Kidd Drive. I would con~i~ what Mr. Oallahan said that 'in the Deed it does say you can't put more than one structure o~ the proper~y without specific permission. THE CHAIRMAN~ Are there any other questions? (there was no response.) M~R. WICKHAM~ I listened very intently. I fail to see where a~y of these people would be affected in any way whatsoever. Certainly the statement that the ~ater Company would be affected is erroneous. I think that if the Water Company objected they would be here. Southold Town Board of Appeals -11- September 20, 1973 As far as erosion is concerned, I think that is our problem. I thi~k building a house can control erosion as well as ar~h~. As far as restrictions are concerned, I think that's our problem toe. The contour of the property suggests a matural split. Although the previous owner may have done some grading and put in some shrubbery, I think our problem is different, and we would like to take advantage of the property. NRS. ANNE TSONTOS: As far as erosion is concerned, we have a lot right next te us which is still sliding over~into our backyard. NR. CALLAHAN, I understand that when you put your new Zoning OrdSnanoe in all previous ~tet plans were exempt. This is net one of the omes that were. I think it should come mnder the new Zoning Ordinance. THECHAIRNANt I would have to agree with you except in situa~ionswhere surreund~ properties are smaller lots. It:se~ms to me that thms is too small a plot s~.read~ se that to divide thi~ property would create a sxtuation that would not terminate w~th this plot. We would be te the deterioration ef all the plotslhere, ~ of the plots are larger. After investigation inspection the Board finds property CaPtain Kidd Estates, Inlet Drive, findings ef the Boar~ are that the l~t is much smaller than the ' by the and ~ create a open up further reqmests for division s. The Board does not feel that this hards ~p ~s unique as xt ~s shared by a~.i residents ef the Town of S~uthold. Many of the ~ets.in the immediate area are larger th~ the lot under applmoatmen. The Board finds that strict application of the Ordinance would ~etproduce practical difficulties or unnecessary hardShip~the hardshi? created is net unique and would be shared by all properties alike in the immediate vicinity cf this property and i~ the same use distric~ and the vart~ce will change the character, of the neighborhood, and will met observe the spirit cf the Sou~hold Town Beard ef Appe~s -12- September 20, 1973 0nmotion by Mr. Gillispie, seconded by Mr. DOyen, it was RESOLVED' Andre Pappas, 15 Pleassa~tview Drive, Bayville, New York, andNinOs Savvides, 25,10 Hoyt Avenue, Astoria, New York, be DENIED permission to divide property into two lots, Lot #8?' Capt. Kidd Estates, Inlet Drive mhd Summit Drive, Mattituck, as applied for. Vote of the Boards Grigonis, Doyen. Ayes,' Messrs, Gillispie, Bergen, PUBLIC HEARING, Appeal No.-I833 - 8,15 P.M. (E.S.T.), upon application of Albert M. Garbade, Jr., Indian Neck Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and Bulk SchedUle for permission to build a new dwelling with reduced rear yard. Location of propertyl Lots # 21 and 22, Map of ArrowheadCove, W/S Arrowhead Lane, Peconic, New York. The Chairman opened the hearingby reading the application fora variance, legal notice of hearing, affidavits attestLng to its publication in the official newspapers, and notice to the applicant. THE CHAIR~ANI The application is accompanied by a surveye THE CHAI~.M~.N, Is there anyone present who wishes to speak for this application? MR. ALBERT M. GARBADE~ The lot is over an acre in size and due to the unique shape of it between Arrowhead Lane and the lot line it is approximately 145 feet. As I understand it you have to have 150 feet frontage, Ny house is 54' deep so I could not build a house there, plus I would be facing the woods. I would like to look out over that meadow and across the water. I would keep my 50 feet from the lane. MR. ROBERT BERGEN, Would it help you if you went 40 feet from the lane? MR. GARBADE, I would like to have as much seclusion as possible. THE CHAIRMAN, I think Mr. Bergen thought it would give you a little more rear yard. We saw where your stakes were. iThere is no question you have a hardship. From our point of view we would prefer that you move it 10' closer to the road. Southold Town Board of Appeals -13- September 20, 1973 MR. GARBADE, It would help me, I would have a little mere height. THE CHAIRMA~ Is there anyone present who wishes speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to build a new dwelling with reduced rear yard, Lots # 21 and 22, Map of Arrowhead Cove, w/s Arrowhead Lace, Peconic, New York. The findings of the Board are that because of the u~ique shape ef the plot the applicant has a hardship. The Board agrees with the reasoning of the applicant subject to restrictions. The Board finds that strict application of the Ordinancewould produce practical difficulties or un- necessary hardshipl 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. Bergen, seconded by Mr. Grigenis, it was REt0L~, Alber~ M. Garbade, Jr., L~dian Neck Lane, Pecenic, New York, be GRANTED permission to build a new dwelling with reduced rear yard en Lots # 21 and 22, Map ef Arrowhead Cove, W/S Arrowhead Lane, Peconic, New York, as applied for, subject te the following restrictions, That the house shall be no closer than 26 feet to the westerly line of the proper~y and no closer than 39 feet to Arrowhead Lane at any pointl and that the house be located, otherwise, as shown en the sketch. Vote of the Board~ Ayes,- Messrs, Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -14- September 20, 1973 PUBLIC HEARING, Appeal Ne. 1834 - 8,25 P.M. (E.S.T.), upon application of Dominick Zito, proprietor of $ou~hold Inn, ~in Read, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 600 B.~3 for permission to erect and maintain more than one ground sign. Location of property~ N/$ Main Road, Seuthold, New York bounded north by L. Barnett; east by L. Barnett; south by Main Read; west by F. Thompson. Fee paid $15.o0. The Chairman opened the hearing by reading the application for a special exceptionl legal notice of hearingt affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE OHAIRMAN~ Do you swear that this is your signature? The reason I am giving the Oath is that this testimony might be used elsewhere. MR. DOMINICK ZITO, I de. THE CHAIRMAN, Is there amyone present who wishes to speak for this application? MR. DOMINICK ZIT0, i thimk I covered everything in the application. THE CHAIRMAN~ I believe that you are asking for, in this application, a sandwich sign but when we investigated we also saw credit card signs and SOUTHOLD INN on the sides of the awning. MR. ZITO,, You can't see that until you are right up to it. THE CHAIRMAN: Hew long ago did you install the canopy, that is regarded as a sign. Did you get per- mission for that? MR. ZITO~ No. THE CHAIRMANi What business is conducted on the premises? MR. ZITO~ A restaurant, and we have rooms. We have six rooms on the second floor. Southold Town Board of Appeals -15- September 20, 1973 THE CHAIRMAN~ Each of those is a separate room? ~R. ZITO, Single and double rooms. THE OHAIRMAN~ How about the third floor? MR. ZITOs That's where we live. THE CHAIRMAN I Do you have a bar? MR. ZITOI We have a little lounge downstairs and a restaurant. THE CHAIRMAN, Do you use the rooms all summer? MR. ZITOs Yes. THE CHAIRMAN~ When did you buy the property? MR. ZITO, In 1968. THE CHAIRNAN~ How long have you been renting these rooms? MR. ZITO~ Fer five years. THE CHAIRMAN~ You have nc off-premises signs, which you could have. ~R. ZITO~ No. That was omr choice. NR. ROBERT BERGEN, Don't you th~-~k~?it would look better if you.had the courtesy sigms inside rather than hanging lop-sided on the outside? MR. ZITO: Yes, but it's like a gasoline station has signs. It's for tourists to see and for people passing by to see that we do honor these credit cards. There are a lot of places that have half their hardware on the street. THE OHAIRN~tN~ You are permitted one standing sign, 6'6" x 12'6" so you would be able to incorporate the various miscellaneous signs on that one sign. You are not permitted an additional sign, and we have never done it in the Town of Southeld. The information that you have on the sign~ "Seafood - L~ncheon - Dinner - L. I. Duck" will have to be incorporated in the main sign. Nor can we have an awning sign such as you have there. The Ordinance says one standiD4~ sign and wall sign. If you feel you are being passed by, obtain permission to erect a sign at a distance from your establishment. Anyone who saw this sign at the last minute might cause an accident. Southold Town Board o£~Appeals -16- September 20, 1973 THE CHAIRMANi Is there anyone present who wishes to speaw against this application? (There was ne response.) TItE CHAIRMA~N~ We are not enforcing agents. It was this Board that pioneered something in zoniD~ which related to business establishments, such as restaurants, ledging, placesof amusement, to permit them to have off-premises directional signs. We agreed with the reasoning of ~arina owners, people who own restaurants and motels, that they need additional signs but not en their own property. After investigation amd inspection the Board finds that applicant requests permission te erect and maintain more than one ground sign on the north side of Main Road, Southold, New York. The findings of the Board are that applicant is permitted one standing sign and erie wall sign. The additional signs he new has are the awning sign, credit card sigms, and the sandwich sign requested in the application. It was suggested to the applicant that he get permission, after all his additional Signs are removed, for s~ cfr-premises directional sign. The Board finds that the public convenience and welfare and justice will not be served and the legally established er permitted use of neighborhood property and adjoining use districts will be permanently or substantially i~jured and the spirit of the Ordinance will net be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, was RESOLVED, Dominick Zi%c, proprietor of $outhold Inn, Main Road, Southold, New York, be DENIED permission to erect and maintain more than one ground sign on preper~y located om the north side of Main Road, Southold, New York. Further requirements of the Board of Appeals are as fcllows~ That applicant is directed t? eliminate.additional sSgn~ (awning. sign, credit card smgns, Sandwxch smgn) within one (1) week. The Building Iuspector will enforce the removal ef signs. The Board of Appeals is net an enforcing agent. Vote cf the Beard~ Ayes~- Mess~s~ Gillispie, Bergen, Origcnis, Doyen. Southold Town Board of Appeals -17- September 20, 1973 PUBLIC HEARING, Appeal No. 1836 - 8,35 P.M. (E.$.T.), upon application of Sigmend SaA~owski, 8~-12 W$odhaven Boulevard, Woodhaven, N~w York for a variance mn accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule of Building Zone Ordinance for permission to reduce frontage ef let. Location ef propertys Lot # 196, Nap ef Nassau Point, 01d Cove Road, Cutehogue, New York. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice ef hearing, affidavits attesting te its publication in the official newspapers, and notice te the applicant. THE CHAIRNANs The application is accompanied by a sketch and a survey. The sketch indicates that Lot # 197, land ef Sar~ewski, has 121.20 feet en 01d Cove Road, ??.25 on the rear line, and is 2?4 feet deep on the northerly boundary, and 213 feet on the southerly bounda~'~ THE CHAIRNAN~ Is there anyone present who wishes speak for this application? MR, SIGNOND SARNOWSKI~ I I respect- ;hat in is the width or the f~?ntage eX one i the ~ot. I propose to build enLOt #197, Lot 196 is parcel, which I own. Lo~ 196 is 1~1 se if I added 20 to' west. The is so be~ house we want, for this is~hat Lot 197 ;ed for mn of the Lot 19 towards Lot preference is 197 because ;er Tiew. The house we propose to build is feet We. can't buildon 197 with the present dimensions because our.setback proposes ?~ feet. ~s you see, the lines run in pie-shaped form se as we go in a westerly direction we diminish. We propose a setback of ?5 feet~ that gives us about 25 feet to allow for side line setbacks. I went down there today with my wife and measured it. We feel the ideal setback would be 75 feet. That would be our preference. Aesthetically, we weuld like the garage doors facing south instead of the read. I would like to come down the driveway frentwards so I would need a bit of space for a turnaround. I am a Seuthold Town Board of Appeals -18- September 20, 1973 retired New York City lawyer. We have lived at Nassau Point for about twenty years prier to five years ago at which time I sold my house. THE CHAIrmAN: Only a lawyer would have three lots adjoinir~ each other. MR. SARNOWSKII We have three married sons and I knew for a fact that one or two of them might eventually want to build there. My one boy is with a company that is going to Build in Aquebogue. THE CHAIRMAN, Is this subdivision one of the e~cepted ones. NR. HOWARD TERRY, Building Inspector, Yes, it's on the approved list. MR. SARNOWSKI: I studied whether there is anything in my Deed to keep me from going ahead with my plans assumi~ that the application were granted. The only prohibition is that we can't Build two dwellings om erie parcel. I was Secretary ef the Association ef Nassau Point for ten years. I suggested we buy the original Nassau Club.property. On some of the lets in Nassau Point you wlll find two dwellings on a 300 foot lot. We bought the corporation for $150.0O. I have known the local people here for fo~t~ odd THE CHAtP~NI When we first looked at this as we drove by and around it, we thought that probably you were going to jog this (referring to map) (Mr. Sarnewski discussed the map with the Board). THE OHAIRMAN~ Is there anyone present who wishes te speak against this application? MARGARET HARRIS: Does this still allow two or three buildable lets for the youngsters? THE CHAIRMAN: This is the center lot that he is talking about building a house on. He owns all three lots and each is a separate parcel. What he wants to de is to enlarge this which would tend te equalize the size of all three lets. It would also accommodate a 78 foot house. Southold Tow~ Board of Appeals -19- September 20, 1973 THE CHAIRMAN~ Are there any other questions? A~ter investigation and inspection the Board finds that applicant requests permission to reduce frontage ef let, Let #196, Nap of Nassam Point, Old Cove Road, Cmtchogue, New York. The findings of the Board are that applicant owns three adjoining lots amd proposes to build a Cape Cod house on the center let, which is Lot # 197, and in order to ae¢otmnodatethe house is providing himself with an additional pie-shaped area, which is 0 at the westerly lime a~d :ks 20 feet at the easterly line of Let #196 en Old CoveRc~i. The additional pie-shaped area will be added te .#197 cud taken from#196. This will tend to equalize the size'of the three lets owned by Mr. Sarnowski and excepted umder the Ordinance. The Board finds that strict application of the Ordinamce would .produce practical difficulties or um~ecessary hardship; the hardship creased is umi~ue a~d would not be shared by all properties alike in the immediate vioimity of this property and in the s~me use district~ amd the variance will not ehamge tM~ character ef the neighborhood, and will observe the spirit ef the Ordinance. 0n motion by Mr. Grig~is, seconded by Mr. Bergen, it was RESOLVED, Sigmond Sarnowski, 89-12 Woodhaven Boulevard, Woodha~en, New Y~rk~ be GR~TED permission te reduce frontage of Let #196, Map ef Nassau Pemnt, Old Cove~Road, Cutchogme, New York, as applied for. Vote of the Board, Ayes~- Nessrs~ Gillispie, Bergen, Grigonis~ Doyen. Fe~ ($) Sign Renewals were reviewed amd approved as submitted, On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED tha~ the minutes of ~he Southold Town Board of Appeals dated Augusti30, 1~73, Be approved as submitted, subject to mi~or correction. Vote of the Beard~ Ayes~- Messrs~ Gillispie, Bergen, Grigomis, Doyen. Southold Town Board of Appeals -20- September 20, 1973 O~motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the next regular meeting of the ~euthold Towm Beard ef Appeals will be held at 7:30 P.M., Thmrsday, October 11, 1973, at the Town Office, ~ain Read, Southold, New York. Veto of ~he Board: Ayes:- Nessrs: Gillispie, Bergen, Grigomis, Doyen. 0m motion by Mr. Bergen, seconded by Mr. Grigenis, it was RESOLVED that the Seuthold Town Board ef Appeals authorize the Chairman te sign the Annual Estimate Smbmitted by the Beard ef Appeals for the fisenl year beginning Janmary l, 1974 as follows, EXPENDITURES Secretarial Asslistanee S~atienery, fermprinting, po~tage. .~... Advertising & Legal Notices,............... Telephone.... .............................. . .... ..... .... Travel expense divided as fellows, 1. Estimated expense for three members ef Bear~ t~ attend Association of Towns meeting in New York in February ..... .. ...... ........$500.00 2. Estimated expense of Mr. Deyem, Board member from Fishers Island for attendamee of Board meetings in Somthold..,..... 3. Est,.mated travel expense of ~A;'~'~' 600.00 Fishers Island ................ .... ....... ~ (Mrs. ~¢Dermott) ........... ..... $6,500.00 800.00 100.00 3,500.00 300.00 1,350.00 REMUNERATION of BO~_~ of Appeals Four (4) members at $2,600. ...... .. ..... $!0,~0.00 Ohairmamat $3,500 ..... .. ..... . ...... ... 3,500.00 $13,900.00 Estimated expense Legal Counsel- (defense four cases) TOTAL ESTINATED EXPENSE OF THE B~ARD OF APPEALS TOTALESTINATED INCOMEFROMAPPEAL APPLICATIONS TOTAL ANNUAL F~TINATE .... . ..... . ...................... $30,~50.00 3,000,.00 $27,450.00 DATED: September 21, 1973 Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Towa Board of Appeals -21- September 20, 1973 On motion by Nr. Gillispie, seconded by,Lt. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8,00 P.M.~ (E~D.S.T.), Thursday, October 11, 1973, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Lucille Mesback, Rose Hill, North Carolina, for a variamce 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. Location of property, south side Main Road, East Marion, bounded north by Maim Road, Humes & othersl east by William Park & others~ south by Gardiner~ Bayl west by Parker. Vote of the Board, Ayesl- Messrs, Gillispie, Bergem, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8,15 P.M. (E.D.S.T.), Thursday, October 11, 1973, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Eugene Mazzaferre, 215 Oak Street, Greenp~rt, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 amd Bulk Schedule for permission to build new one f~mily dwellings with insufficient setbacks. Location of property, Lot # 2, Greenport Drivein Park, Brown and Ninth Streets, Greenport, New York. Vote of ~he Board, Ayes:- G~igoni~, ~oy n. On mctio~ by Mr. Grigo~i~, sec~r~ded by ~. D~yen, !~ wa~ 8~25 P.M. (E.D.S.T.), Thursday, October ll, 1973, at the Town Office, Main Road, SOuthold, New York, as the time amd place ef hearing upon application of Clarice Blackburn, New SUffolk Avenue, Cutchogue, New York, for a variance in accordance with the Town Law, Section 28GA for approv~l of access. Location of proper~y, private right of way off Southold Town Board of Appeals -22- September 20, 1973 south side of New Suffolk Avenue, Cutchogue, bounded north by New Suffolk Avenue~ east by Cases south by Peconic Bay~ wes~ by Lockwood. Vote of the Board, Ayes~- Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8,40 P.M. (E.D.S.T.), Thursday, October 11, 1973, at the Town Office, ~ain Road, Southolg, N~w Y~rk, as the time and place of hearing upon applmcatlon of Kenneth Ket~ham, ~ain Road, East Marion, Ne~ York, for a varxance in accordance with the Zonxng Ordinance, Article III, Section 300C-4a for permission to s~me an9 work on private boat over 30' in length in an "A" Distract. Location of property, north side Main Road, East Marion, hounded north by Schrader & Wallaces east by Prestons south hy Main Roads wes~ by ~. Boken & right of way. Vote of the Board~ Ayes~- Messrs, Gillispie, Bergen, ~rtgonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Grigenis, it was RESOLED that the SouShold. Town Board of Appeals set 8,50 P.M. (E.D.S.T.), upon application of Robert Kolyer, 208 Christian Avenue, Stony Brook, New York for a variance in accordance wi~h the Zoning Ordimance, Article III, Section 301 ~nd Bulk Schedule for permission to divide pr?perry into two lots with less than required width. ~catiom of proper~y~ south side Bayview Road, Southeld, bounded north by Bayview Road~ east by La Rocca, Marini, Blakeman& others; south by Oorey Creek, Gozzelas west by Schroeder, Darnell. Vote of the Board~ Ayes~- Messrs~ Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -23- September 20, 1973 On motion by Mr. Doyen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 9~00 P.M. (E.D.S.T.), Thursday, October 11, 1973, at the Town Office, Main Road, Southold, New York, am the time amd place of hearing upon application of Armond Bartes, Jr., Private Road, East Mariom, New York for a variance in accordance with the Town Law, Section 280A for approval of access. Location of propertys north side Main Road, East Marion on right of way bommded east By F. Cowa~ amd others west by R. Longs bemnded north by De Nicelal east by right of ways south by I. C. Lathaml west by George Cock and others. Vote of the Board~ Ayes~- Messrss Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED that the Southeld Towm Board of Appeals se~ 9~10 P.M. (E.D.S.T.), Thmrsday, October 11, 1973, at the Town Office, Main Road, Southold, New York, am the time and place of hearing upon application of Donald A. Stephenson, Main Road, Orient, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 300B-1 for permission to alter existi~ bmildimg to a 2 (two) family occupancy. Location of property~ off north side Main Road, Orient, om right ef way bounded east by Scolielo, west by Burnhams bounded north by Long Island Soumds east by Terry and Lomass south by right ef way! west by Stephenson Beach Inc. and old Main Road. Vote of the Board, Ayes,- Messrs~ Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr. Grigenis, it was Southeld Town Board of Appeals -2~- September 20, 1973 RESOLVED tha2 the Southold Town Board of Appeals set 9820 P.M. (E.D.S.T.), Thursday, October 11, 1973, at the Town Office, Main Road, Southold, New York, as the time and place of hearing u_pon application of Freddie Lawson, Sound Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to .set off let With less than required area. Location of propertyl Oak Place and Walnut Avenue, Mattituok, bounded north by Ruthinewskii south by the Long Island Railroadw west by Oak Place. Vote of the Boardl Ayes~- Messrs8 Gillispie, Bergen, Grigcnis, Doyen. On motion by ~r. Grigonis, seconded by~r. Doyen, it was RESOLVED that the Sou%hold Tow~ Board of Appeals set 9,30 P.M, (E.D.S.T.), Thursday, October 11, 1973, at the Town Office, Main Road. Southeld, New York, as the time and place of hearing upon application of William Serrell, Dogwood Lane, Gardiner's Bay Estates, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property, Lots # 95 and 96, Gardiner's Bay Estates, Dogwood L,_~e, East Marion, New York. Vote of the Board~ Ayes~- Messrs~ Gillispie, Bergen, ~rigcnis, Doyen. On mo~ion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9,~0 P.M. (E.D.S.T.), Thursday, October 11, 1973, at the Town Office, Main Read, $outhold, New York, as the time and place ef hearing upon application of John Dinizio, 62~ Main Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, SoUthold Town Board of Appeals -2%- September 20, 1973 Section 301 amd Bulk Schedule for permission to set off lot with less th~u required area. Location ef property~ south side of Brown Street, Greenpor~, bo~uded north by Brown Street~ east by A. Dinizio~ south by Tully a~d Braun~ west by Pipes Cove Corporation. Vote ef the Boardl Ayes~- Messrsl Gillispie, Bergen, Grigenis, DOyen. The Meeting was adjourned at 10~00 P.M. Respectfully submitted, ~arjer~e McDermott, Secretary Southold Town Board of Appe_~_!s Robert w. Gillis'p~'e, ar., Chairma~