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HomeMy WebLinkAboutZBA-07/19/1973 $ uthold Town oard of Appeals SOUTHOLD, L. i., N. Y. 11-971 Telephone 765-2660 APPEAL E~OARD MEMBER Robert '~X/. Gillispie, Jr., Chairman Robert: Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS July 19, 1973 A regular meetimg of the Southold Tow~B~ard of Appeals was held at 7:30 P.M., Thursday, July 19, 1973, at the Town Office, Ms/n Road, Southold, NewYork. There were present: Messrs: Robert W. Gillispie, Jrt, Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigenis, Jr. Also present: Mr. Howard Te~¥, Build4ng Inspector. PUBLI0 HEARING: Appeal No. 1805 - 7:30 P.M. (E.S.T.), upon application of Helen Chizzi~, Mt. Beulah Avenue, Seuthold, New York, for a variance in accordance with the Zoning 0rd~ncet Article III, Section 301, and the B,,lk Schedule, for permission to divide property with less than required area and frontage. Location ef property: east side of Mt. Beulah Avenue, Seuthold, bounded north by C. W. Booth; east by C. W. BoothS south by C. W. Booth; west by Mt. Beulah Avenue. Fee paid The Chairman opened the hearing by reading the application for a varisaace, legal notice of hearing, affidavits attesting te its publication in the official newspapers, and notice to the applicant. THE CHAIRF~/~: Mrs. Chizmini, de you swear that this is your signature? MRS. C~7ZZINI: I de. THE CHAIRMAN: The application is accompaa~ied by a Van Tuyl survey indicating that applicant owns property en Mt. Beu~ahAve., Southold Toys Board of Appeals -2- July 19, I973 which applicant proposes to divide equally into two parcels ef 28,~0 sq. ft. each, leaving an approximate frontage on Mt. Beulah Avenue of 1~1.~ feet a~d 1~2 feet, respectively, after division. TP~D CHAIRMAN: Is there a~yone present who wishes to speak for this application? MRS. CHIZZINI: I believe I have stated everything in the application. THE CHAIRHA/~: Ne can't grant every application that comes before us. It is not in our power to change the 0rdi-~nce. The Zoning Ordinance, as revised in 1971, requires~0,000 sq. ft. You are surrotmded by areas of ~0,000 sq. ft. MRS. CHIZZINI: The house is om the nertherly part, which is very close to the next house. THE CHAIRMA2t: It seems like a reasonable request but it is not within the power of this Board to grant this request. The Zoning Ordinance requires ~0,000 sq. ft. as a minimum plot size. This Board has the power of variance on lots held in single and separate ownership. Could you enlarge this lot? It looks as if you have 1 and 1/3 acres. If that is not feasible, you could get rid of 1/3 of an acre. MRS. CHIZZIAF~: Would Mr, Booth be permitted to sell me 2/3 of an acre to make two 1 acre plots7 THE CHAIRMAN: By coming in here. We w~uld create the acre lots. That would be possible. MRS. CHIZZINI: That's the only w~y to get a subdivision here at all. There is so ~ach acreage there and itfs all Mr. Boothfs. MRS. CHIZZINI: What happens to all the ones that are 1/2 acre? There are none in my area. THE CHAIRMAN: Each one is a little different. Where somebody has the required 2mount of square footage, sometimes they can't adapt to the arbitrary 150 foot frontage. That is perfectly feasible for us to adjust here. That type of thing is done if it's single and separate ownership. In a reverse situation, it generally is not possible to divide out a larger piece of property. This applies equally to everyone in Town. SoutholdT~wnBoard of Appeals -3- July 1~, 1973 ~RS. CHIZZII~: In other words, I have to get a larger piece of property. THE CHAXItHA~: You can reduce yours by one third, MRS. CHIZZINI: When we purchased three years ago, I said I would offer it to Mr. Booth before I sold it. He now says he is too old, and is not interested in it. My daughter and son-in-law wish to buy the house but it would be a hardship for them if the property can't be divided. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the B~ard finds that applicant requests permission to divide property with less than required area and frontage on the east side of Mt. Beulah Avenue, Southold. The findings of the Board are that applicant is the owner of approximately one and one third acres of property which she wishes to divide into two parcels of approximately 28,4~0 sq, ft. each. The Board does not have the power to cb~.~ge the Ordinance, as revised in 1971, which requires 40,000 sq. ft. as a minimum plot. The Board finds that strict application of the Ordinance will ~ produce practical difficulties or unnecessa~hardship~ the hardship created is not unique and w~uld be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit ef the Ordinance and will change the character of the neighborhood. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Helen Chizzini, Mt. Beulah Avenue, Southold, New York, be DENIED permission to divide property with less t~n required area and frontage on the east side of Mt. Beulah Avenue, Southold, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillis~ie, Bergen, Grigonis. ~oUt~old To~ Boar~ of Appeals July 19, 1973 PUBLIC HEARING: Appeal l~o. 1806 - 7:40 P.M. (E.S.T.)~ upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III~ Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: L~ts #1, 2, 3 and 157, Map of 0edar Beach Park~ Southold. Fee paid $15e00. The Chairman opened the hearing by readingthe application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAXRMA~{: The seeretary will notefer the mdnutes that Lot #3 was included in the legal notice in error. The record has been corrected to read "Lots #1, 2 and 157. Combined L~ts #1 and 2, measure 150' x 20Or, and Lot #157 measures 100t x 200~. The large house is centered on Lets #1 and #2e and this property is on Ba~view Road. THE CHAIRMAN: Is there mnyone present who wishes te speak for this application? MRS. EVELYN MOREL: 157 feet is on Bayview and it goes around to Cedar Beach Road. Ever-/thing has been said in the application. The house is just too big for us now. THE CHAIRMAN: The problem is that in 1971 the Town increased the m~nimumlot size to 40,000 sq. ft. The division of property w~uid create two lots whichw~d both be undersized accordin~ to present standards. The let cnw h ich your house is presently sit~atedW~uid be undersized a~d so would the new let. There is nothi~ that I know of that world permit this Beard to divide in t~s way. One of the reasons being, that thAS iS ncr legislative autherity$ this is Board of Appeals. Everybody who has a slightly oversized lot has this hardship. The applicant who was heard before y~uhas a somewhat similar situation. I think your solution is to sell the property and buy a smaller h~use. We can't solve it here. THE 0HAIRMAN: Is there anyone present who wishes to speak against this application? There w~$ no respo~see) After investigation a~nd inspection the ~ard finds that applicant requests permission to divide property with less than required area and frentage~ Lots #1, 2 and 157~ Map of Cedar Beach Park~ Southold. The findings of the Board are Southold Town Board of Appeals -5- July 19, 1973 that the division of property would create tw~ lots which would each be ttndersized according to present standards. The Zonin~Ordina~_ce, as of 1971, requires ~0~0~ sq. ft. mi~,m lot size. Combined Lots #1 and #2 measure 30,000 sq. ft,, and Lot #157 measures 20,000 sq. ft. The Board finds that strict applicationof ~he 0rdin~nce w~uld not produce practical difficulties or u~necessa~ bardship~ the hardship created is not unique, and would be shared by ali properties alike in the immediate viciMty of this property and in the same use district; amd the variance will change the character of the neighborhoed, amiwill not observe the spirit of the Ordir~nce, On motion by Mr. GilliSpie, seconded bye. Grigo~s, RESOLVED, Dante V. and Evelyn Morel, Bayview Road, South, id, New York, be DE~ED permission to divide property with less tha~required area and frontage, as applied for, for the reasons stated, Vote, of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grig. his. PUBLIC ~EARING: Appeal No. 1807 - 8:00 P.M. (E.S,T.), upon application of John~vello, So~d View Avenue, M~ttituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 302 for permission to construct garage in front yard area. Location of property: north side Sotu~d View Avenue, M~ttituck, bounded north by Long Island Sound; east by R. Mow,fy; south by So~d View Avenue~-- west by Cash. r, Inc. (park). ~e Chair~ opened the he~ing by reading the application for av~i~ce, legal notice of hearing, affidavigs attesting to its publication in the official newspapers, ~d ne~ice to the applic~t. T~ C~: Is there ~yone present who ~shes to spe~ for this application? (~ere ~s no response.) T~ C~N: Is ~. ~vello here? There w~s no response.) $outhold Town Boa~d of Appeals -6- July 19', 1973 THE CHAIRMAN: The Building Inspector verifies that this is NLr. John Divello's signature~ dated J~ne 21, 1973. I will restate the hardship claimed by the applicant. (The Chairman read from the application). THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. DONALD J. BROWN, Sound View Avenue, ~attituck: I live less than 300 feet from the applicant. I have several comments to make. The survey is net a legal one. It does not have a seal affixedthereto. It does not shew t~e side ~ard and front yard dimensions. We have no idea of what he proposes. There are ne dimensions. It is net a legal survey because there is ne seal affixed thereto. To leek at it, you don't know what he is proposing in the way ef appearance or use because of the ~ture of the business he is in. He has a garbage disposal business. He has several s~itatien trucks. I have ne objection to the location of the garage in the front yard. However, I request that the garage overhead doers do net exceed 7 feet in height. The height from fleer level te plate shall not exceed 8 feet. The maxi~,m building height shall net exceed $ feet. The tip should not be greater tb~n 5" er 6". MR. ROBERT BERGEN: You are trying to ~_ve him build a garage to use for an automobile, net for a truck. MR. BROWN: The use ef the garage shall be used only for purposes of a residential nature. Any item er equipment relative to the nature of the development of a garbage disposal business shall be prohibited. Parking of trucks on Sound View Avenue shall be prehibited. THE CHAIRMAN: D~es anyone else wish te spe~ against this application? MR. JAMES H. YILBUR, So,md View Avenue, Mattituck: I live ~00' to 500' of the property on the o~peSite side of the street. I am PreSident of the Saltaire~attituck Corporation. I would like to make the comment that semehwere in the application there is a garage proposed with a dimension of 24' x 32'. In your reading, a single car garage is indicated. I w~nder what kind ofautomebile he has. I have a garage as big as that but it's not cut in the street. It's a two car garage. We would like to have the deer height restricted so it can ealy be used for ca2~s. THE CHAIR~AN: Ican understand that you don't want sanitation trucks parked there. 'F Seutheld To~m Beard of Appeals -7- July 19, 1973 MR. BROWN: An enba~ment 4 feet high, it would call for a limitation in height from finished grade to height of building. With the ~ feet above road level, he said he would put the garage doers at road level to have a 12 foot height above grade. This is on height. It w~uld e~able him to get his stuff in. THE CHAIRMAN: I don't think there is anything in our Code that tells a man how large te make his garage. In my experience here, in 15 years, we have never ~mited the size of a garage in this manner. I think it w~uld be perfectly proper for this Board to specify that this shall not be used for business, for purposes such as storing sanitation equipment. MR. BROWN: They have containers that cot~ld be stored in his garage. THE CHAIPd~AN: I don't think this Board ea~ encompass the problem of whether this fellow can put a pickup in his garage. This is not going to cover what you want. I don't think we have anything about plates or size of deers. MR. HOWARD TERRY, Building Inspector: The Ordinance says "it shall r~t exceed 18 feet in height from ground ievel~. MR. WILBUR: Could it be limited strictly to a residential garage. THE CHAIRMAN: This is a touchy point. I can recall one instance where a fellow built a garage big enough for an oil truck in a residential area. They wanted it stored indoors. He used te leave it in his backyard and other houses behind him looked down on this oil truck. That engendered quite a bit of support for a large garage to store this truck. MR. R~LBUR: The thing is that this man does have a garage area in the town of Mattituck except that he does use one ef them for a transportation vehicle and brings it home at night and parks it. THE CHAIRMAN: I don't think we can get into thc_t, whether he can park at length. MR. BROWN: It's there on weekends. THE CHAIRMAN: The only, thing we can do is tell you that we will check this out with our Town Ce,msel. MRS. MARTIN LAMB, Sound View Avenue, Mattituck: In his writings he says there are other existing garages in the front yards of hemes. I can recall nothing, THE CHAIRMAN: There was a fellow who was going te build a garage. He put in a retaining wall and superstructure but I don't k~ow whether he put up a garage or not. It was for a two car garage~ Southold Town Board cf Appeals -8- July 19, 1973 MRS. LAMB: He had an existing garage which was converted into an additional room for the house. This garage was used for purposes he says he is having trouble with now. He could have extended it. Ne would not have complained about it. I don't think having this garbage trucksparked in the street isle best thing for a residential area. THE CHAIRMAN: D~es anyone else wish to spe~k? There was no response.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLV~D that the Southold Town Board of Appeals postpone decision on Appeal No, I807 until 7:30 P.M. (E.S.T.), Thursday, August 9, 1973, after the Chairman has had an opportunity to consult with Town Counsel. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1808 - 8:10 P.M. (EoS.T.), upon application of Ray Alexiadhes, Soundview Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoning Ordinance, Article Iii, Section 301 and the Bulk SchedUle for permission te divide property with less than required area and frontage. Location of property: north side Soundview Avenue, Southold, bounded north by Long Island Sound; east by Couloucoundis; south by Soundview Avenue; west by Bo Thompson. 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: The application is accompanied by a survey by Van Tuyl indicating that there is approximately 206 feet on Soundview Avenue, approximately 203 feet on Long Island Sound, and the depth of the property is 270 feet on the easterly side and 290 feet on the westerly side. The property runs from Soundview Avenue to the Sound. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? STEPHEN F. GRIFFING, JR., ESQ., Riverhead: I believe the proposed division is 103 feet on the front and 98 feet on the Sound. I can give you a little history. Mrs. Alexiadhes, in Southold Town Board of Appeals -9- July 19, 1973 October 1963, purchased the plot and dwelling. At that time the mortgage was with Suffolk County National. It was increased in 1964-65. Then, in 1967, the Alexiadhes family, through incorpora- tion, had the opportunity to acquire adjoining property to the east. The parcel to the east was owned by T. B. Pettit but there was a piece owned by N. A. Salmon on the other side of their original piece. I can shew you the sketch. (This is the original Goodman piece. To the west there was a small strip - 6 feet down to nothing; and to the east another piece 5 feet down to nothing). In 1967 my client acquired both small pieces. It was for protection. I would normally have advised my client to buy it separately except for the fact that they were tied in with mortgages and took out another mortgage to buy the Pettit piece. Naturally, the title had to ge along with incorporation to the Goodman piece. The corporation dissolved and all the properties went to my client. I would like to submit to you a Van Tuyl map showing No. 1, the Goodman piece; No. 2 the Pettit piece. It won't change the character of the neighborhood. I would further like to qualify myself as a real estate expert, having practiced for 27 years mainly in real estate tracts, mainly in Riverhead Savings. If you include the Pettit piece with the Goodman piece, it might add $19,000 to the salee THE CHAIRMAN: We have to consider that everyone has a financial hardship. MR. GRIFFING: My main point is that the neighborhood won't be affected. THE CHAIRMAN: Does anyone wish to speak against this~pplica- rich? (There was no response.) THECHAIRMAN: Our Counsel indicates that even thought according to the Zoning Ordinance, 40,000 sq. ft. is the mini~,m plot size required, there are m~_~y situations where it is not applicable. After investigation and inspection the Board finds that applicant requests permission to divide. Property with less than required area and frontage on the north side of Soundview Avenue, Southold, New York. The Board finds that ~-y of the lots~ong Soundview Avenue are lO0t or less, and agrees with the reasoning of the applicsmt. SouthQld Town Beard of Appeals -10- July 19, 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~ a~d the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by ~. Gillispie, seconded by Mr, Bergen, it was RESOLVED, ~rs. Ray Alexiadhes, Soundview Avenue, Southold, New York, be GRANTED permission to divide property with less th~n required area and frontage on the north side ef Soundview Avenue, Seuthold, as applied for, Vote of the Beards Ayes:- Nessrs~ Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1809 - 8~25 P,N, (EoS~T.), upon application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301' and the Bulk Schedule for permission to set off e×isti~ dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by ~ain Road~ east by Dalchet Corporation~ south by Dalchet Corporation~ west by Dalchet Corporation. Fee paid $15.0o. 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. RICHARD J, CRON, ESQ.~ I am representing the Dalai Corpora- tion. I have some sketches here. I think this is an application that meets all the requisites that are essential in the granting of a variance application. It meets hardship, uniqueness, and character change of area~ We are dealing with a pre-existing dwellimg~ In fact, all the buildings in the immediate vicinity have pre~existed the Zoning Ordinance. The area that we would like to set aside contains a greater area than used to be required, which was 12,500 sq. ft, We have 135 feet on one line and ll7 feet on the other line. We can't go back any further than ll7 feet or we will be in the middle of the barns. The farm buildings are essential to R~. 0rlowski. If we were to extend along the Main Road it would n~t accomplish a great deal. We would end up with less than 40,000 sq. ft. Seuthold Te~nBoard of Appeals -11- July 19 1973 From the point of view of the purchasers, these people can only afford te buy what we are willing te convey. I don't thi~k they could pay a~y more if we had to give m~re road frontage. TO give additional road frontage ~d n.t accomplish a~ythi~. To ge~ any ~re area you ~uld ~ve to go ~ong ~he entire ~ Road. ~IE CHAIRMAN: What is proposed to be done with the rest of the land? MR. CRON: That is being farmed. Eventually, some of this may be sold off. A road would have to be put in. TH~ CHAIRMAN: My initial reaction is that this is way beyond our powers to ~ant. This is precisely why the 0rdinancs~ was ~ritten in 1971. This would be highly irregular and illegal in my opinion. That was the reason I asked what you were going to de with the rest of the land. Have you discussed this with the FlanningB~ard. This gets into subdivision of land, right of way into this property. HR. CRON: It's impossible to go to ~0,000 sq. ft. THE CHAIRMAN: Maybe the barns could be m~ved. MR. CRON: That establishes a hardship. THE CHAIRMAN: It's way beyond anything we w~uld censider a hardship. HR. CRON: We are ta]~ng about something that pre-existed this Ordinance, THE CHAIRMAN: This is not an unusual hardship. All old dwellings prior to 1971 are subject to it. MR. CRON: What de you do when you deny a parcel with insufficient area? THE CHAIRMAN: You are not permitted to divide property in such a way as to retain an insufficient balance. MR. CRON: You do entertain applications and there are situations where you can grant. CHAIRMAN: You can get ~0~000 sq. ft. out of this. MR. CRON: By parceling out ihe barn area. I don't agree with you. If we set aside this into ~0~000 sq. ft.~ we den't need your Beard for a variance. Southold Town Board of Appeals -12- THE CHAIRMAN: Y°uw~uld need us if it doesn't meet depth or width requirements. MR. CRON: As long as we have our sideyard requirements, we w~uld not need a variance if we set aside ~0,000 sq. ft. THE CHAIRMAN: It's absolutely out of the question to set aside one quarter of an acre out of twenty acres. I would be 100~ against it. It is illegal for this Board to set off 12,500 sq. ft. out of this 20 acres. The rest ef the people of the Town are required te adhere to the Ordinance. MR. CRON: It's ridiculous to put a house over here and sell 287 feet on the Main Road. THE CHAIRMAN: I know of no way you could avoid having ~0,000 sq. ft. Moving the barn might take care of some of it. We would not be able to parcel it out. MR. CRON: I am here because the bank is ultra-conservative. I ~m treating it as a casual sale of existing dwelling and the amo,~t ef land I am willing to sell around it is as I have indicated to the Board. I don't think any Board can say what we can do. If it weren't for the bank, I w~uldn't even be here. THE CHAIRMAN: The only variation I can think of might be involved with the Planning Board. MR. CRON: You take this entire area, you lay out a road to get in here, you are dealing with 57,000 sq. ft. of la~d. Take 40,000 sq. ft. out and you are left with 17,000 sq. ft. for an existing house. I think youhave a different sit~_tien when you are dealing with a pre-existing situation. THE CHAIHMA2t: This look at it, no one would of Appeals. applies to the whole Town. The way you have to bother to come before the Board THE CHATS: D~es anyone else wish to speak for this application? more than that. This is m~rtgage. They approved is there. This is not a MR. CHESTER 0RL0~SEX: I think they are just tryingte sell the house that is on the property. They don't want to buy any subject to a Southold Town Savings of this mortgage. A pre-existing house new home. Its been there for 40 years. THE CHAIRMAN: I am sure you understand that the bank doesn't m~we the zoning regulationS. This is not really a hardship. SouthOld Town Board ~of Appeals -13- July 19, 1973 THE CHAIRMAN: ~s 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 set off existing dwelling on lot with insufficient area and frontage on the south side of Main Road, Cutchogue, New York. The findings of the Board are that the proposed lot would be approximately one-third or less in size of the m~nimum requirement under the present Zoning Ordinance. Gra~ting this variance would be exceeding the powers of the Board of Appeals. 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 i~ediate 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, Dalchet Corporation, Pequash Avenue, Cutchogue, New York, be DE~F/ED permission tc set off existing dwelling on lot with insufficient area and frontage, located on the south side of Main Road, Cutohogue, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1810 - 8:35 P.M. (E,S,T.), upon application of Philip a~d Claire Dietz, Pequash Avenue, Cutchogme, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for pem~ission to divide property with less than required area and frontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Peq~ash Avenue; south by Edward Harvey; west by R. and S, Lajda. Fee paid $1~.00. The Chair-m~n opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -14- July 19, 1973 THE CHAIRMAN: The survey indicates that the block on which the Dietz's live is fully developed in lets the approximate size ef the Dietz house lot. The Dietz house lot is a little larger than these of adjoining property o~aers. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I thi~k from what you have heard, it is pretty much a swap. Under the present Ordinance sub-standard lots are less than ~0,000 sq. ft. The Lajda lot is No. 22 and is approximately 150' x 135'. The Dietz lot is approximately 155' x 20~'. What we would want to do is to make the Dietz property a little smaller and the Lajda property a little larger, not changing the character of the district. The residential part of the Dietz property would remain 155' x 100'. What we are really doing is shaving off the southern part of the Dietz property and adding it to the Lajda property. It w~uld give road frontage on Fleet's Neck Road and Eastw~od Drive. They wsuld be the same size as the remaining lets. Mr. Dietz said these tw~ lets were bought at the same ~ime. THE CHAIRNAN: All of the lots remaining on this block are improved. This is the last vacant lot on the block and the Dietz house is on the cox~er. THE CHAIRMAN: Is there anyone else who'wishes to speak for this application? MR. PMTLIP DIETZ: I w~uld like to tell you that across the street, east of Pequash Avenue, many of the houses are on 50 foot lots. MR. BRUER: Directly across the street there is an open lot subdivided into lots. THE CHAIRMAN: I thi~you also said that the buyer, Mr. Lajda, proposes to keep this as open space. MR, S. ~DA: The full intention is t° keep it as open space but it w~uld be nice to have the knowledge that some day it would be possible to resell it. MR. BRUER: I don't thi~k there is ~y intent at this time to sell. THE CHaiRMAN: It wo,,ld seem only fair to include in the Action the privilege of building on this lot, at some time in the future, Southold Town Boa~d of Appeals -15- July 19, 1973 MR. BRUER: I w~ld formally request that that be part of the Action, It w~ld be the only vacant lot. MR. FRED ~SE, JR.: I donlt understand why this should be done. ~ CHAIRMAN: It is surrounded by lots of a similar s~Ze. To deny, w~uld be a hardship. One of the reasons for the Board of Appeals is te grant relief. MR. HULSE: I think we are cutting it down too s~ll. THE CHAIRMAN: You are a~a±nst dividing it at ail? MR. ~SE: It may be less tha~ 100 feet. MR. BRU~R: It wo~!d be 104 feet x 155 feet. TH~ 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 property with less than required area and frontage on the 'west side of Pequash Avenue, Cutchogue. The findings of the Board are that Mr. Lajda, the purchaser, intends to keep this land as open space. The Bsard a~rees with the reasoning of the applicant. After division, the Dietz lot would be as large or larger than others in the area. The Board finds that strict application cf the 0rdinm~¢e w~uld produce practical difficulties or ,m~ecessar~ hardship~ the hardship created is unique and w~uld not be sh~ed 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, Philip and Claire Dietz, Pequash Avenue, Cutchogue, New York, be GRANTED pex.,k[ssion to divide property with less than required area and frontage on the west side of Pequash Avemue, Cutchogue, as applied for, and permission is granted for pu~chaser~ S. Lajda, to use this lot as a building lot at some future time, Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Abstaining: Mr. Fred Hulse, Jr. Southold Town Board of Appeals -16- July 19, 1973 PUBLIC Pr~ARING: Appeal No. 1811 - 8:50 P.M. (E.S.T.), upon application of Carl's M~bile Homes, 650 East Main Street~ Riverhead, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to construct dwelling %~th reduced setback from r~ad. L~cation of property: one-half lot #~9 and all ~50 and #51, Map of Garden Heights, Mattituck~ west side Mar~ts Head and east side Oak Place. Fee paid $15.O0. The Chairman opened the hearing by reading the application for a variance, leg~l notice ef hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch. Is there anyone present who wishes to spe~ for this application? MR. STEWART ANDERSON: I bought this property last Fall. THE CK&IRMAN: There is no way to enlarge it. It's about 17,000 or 18,000 square feet. What about sideyard requirements% MR. HOWARD TERRY, Building Inspector: set off sideyards were 10 feet and 15 feet. sq. ft. lot you need 15 feet and 20 feet. At the time this was Today, on a 40,000 THE CHAIRMAN: The question arises because this puts it on a corner. MR. ANDERSON: Oak Place isn't wide enough to be used for a road. The w~ter level is ~ feet. The building will have a full foundation. The further in I go the more problems I will have. We wish to change the setback from 35 feet to 20 feet. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct dwelling with reduced setback from road; one half lot ~9 and all #50 and #51, Map of Garden Heights, Mattituck. The findings of the Board are that applicant is the owner of an undersized lot under the present Zoning Ordinance and requests relief from the ~ayard requirements in order to keep away from the swamp on the north end of the lot. The Board agrees with the reasoning ef the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship, the hardship created is unique and would net be shared by all properties alike in the immediate vicinity of this property and in the same use Seuthold Town Boa~d of Appeals -17- July 19, 1973 district; and the variance will not change the character of the neighborhood a~d will observe the spirit of the 0rdina~ee. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, Carl's Mobile Homes, 650 East Main Street, Riverhead, New York, be GRANTED permission to construct dwelling with reduced setback from read, on the west side of Mary's Read and the east side of Oak Place, Mattituck, as applied for. Vote of the Beard: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1815 - 9:00 P.M. (E.S.T.), ~pen application of Evelyn Swisky, Bayview Road, Seuthold, for a variance in accordance with the Zoning Ordi~ce~ Article III, Section 301 for permission te divide property with less tha~ required area a~qd frontage and for a variance in accordance with Section 280A, Subsection 3 ef the Town Law for approval of access. Location of property: north side Bayview Road, Seutheld, bounded north by West Creek; east by E. Mullen and ethers; south by Bayview Road; west by Paul 0bre and wife. Fee paid $15.00. The Chairm~n opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice te the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this ~nplieatien? MRS. EVELYN SWISKY: I am appearing to speak for the application. THE CHAIRMAN: De you swear that this is your signature? (Mrs. Swisky responded "I de".) Mrs. Swisky shewed map to the Board, MRS. SWISKY: There is a right of way here. It was there before my grandfather's time, It goes to the creek. I have two and a half acres here. THE CHAIP~AN~ How much acreage do you have in the entire plot? MRS. SWISKY: Twe~m~nd a half acres. Southold Town BOard of Appeals -18- July 19, 1973 THE CHAIR~N: What you propose is to create three lots. ROBERT BERGEN: Your house lot would make four, THE CPLAIRM~N: It would not be possible to do that today. Since 1971, the Zoning Ordinance requires 40,000 ~S. SWISKY (referring to map): This is meadowland that THE CHAIR~IAN; According to the survey it' s 2.49 acres. MRS. SW!SKY: Including the meadow, THE CHAIR~LAN: What you would be permitted would be two lots, one would be larger than the other. You can't sell less th~n 40,000 sq. ft. M~. HOWARD TERRY, Building Inspectorl It is possible to get three lots out of the whole thing, THE CHAI~N: I think the proper way to handle this would be to give notification to the Pla~ing Board that if they are willing to create two lots to the rear, the Board would give a variance on the other lot, My suggestion is that you refer this to the Planning Board and, if it's agreeable to the Planni~ Board, they create two lots of 40,000 sq. ft~ each to the rear of your property, with the remainder of the property consisting of approximately 28,000 sq. ft. to go with the present residence. The Board of Appeals feels it would be reasonable to grant a variance on your residence lot provided this lot will measure approximately 28,000 sq. ft., as it is larger than the adjoining lot ~o the east, Our suggestion te you is that you see the Plar~uing Board when they meet on July 30, 1973. A letter will be written to ~. John Wickham, Chairman of the Plan~ing Board~ informing him of our willingness to grant a variance on the remaining lot. THE CHAIRM~: Is there anyone present who wishes to speak against this application? (There was no response.) 0n motion by Mro Gillispie, seconded by Mr, Bergen, it was R~LVED, that the Southold Town Board of Appeals postpone decisio~ on Appeal No. 1815 until it receives the recommendations of the Seuthold Town Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Southold To~n Bea~d of Appeals July 19, 1973 PUBLIC HEARING: Appeal No. 1812 - 9:10 P.M. (E.S.T.), upon application of James H. Pratt, Bay Avenue, Cutchogue, New York,. for a variance in accerda~cewith the Zoning Ordinance and Bulk Schedule for permission te erect leading bin with silo in excess of 35 feet in height. Lecation of property: west side Cox Lane, Cutchogue, bounded north by Mcbride; east by Cox Lane; south by L. B. Glover; west by L. B. Glever. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal r~tice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch. The structure appears to be about 250 feet west of Cox's Lane, 50 feet from the sideyard on the north, and considerably more than that on the south side. THE CHAIPd4AN: Is there anyone present who wishes to speak for this application? RICHARD CRON, ESQ.: I don't know if there is anything n~re Iean add to what has been read. THE CHAIR~N: What is the overall height? MR. CRON: About 60 feet but 30 feet is below road gmade. There is a dust collecting device on top of the silo. 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 erect loading bin with silo in excess of 35 feet in height, on the west side of Cox's Lane, Cutchegue, New York. The findings of the Board are that the actual height of the structure above ground level is approximately 30 to 35 feet. That is all that would be visible from the highway. The Board agrees with the reasoning of the applicant. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, James H. Pratt, Bay Avenue, Cutchogue, New York, be GRANTED permission to erect loading bin with silo in excess of 35 ' in height on the west side of Oox~s Lane, Cutehogue, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appesls -20- July 19, 1973 Nr. Nicholas Dresso had an informal discussion with the Board regarding size of directional signs allowed for restaurants, places of amusement, places to sleep. The Chairman informed him that his signs could not be larger than $' x 6'. Mr. Drosso felt that a sign that size would be small to include "Motel and Restaurant". The Chairman said that the required area is 24 s~, ft., and the sign could be 2' x 12' or 3' x 8' rather than 4' x 6'. The Chairman suggested that two signs might be better for Nr. Drosso, and that he should get pez~ission from the property owner. . . . On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED to postpone decision on the Ahlers'Hellman appli- cation until the next meetimg of the Southeld Town Board of Appeals, which will be held on August 9, 1973. Motion was unan-~usly approved. , , Mr. Richard Nagy of Orient appeared before the Board, informally, to ask questions about properties in Orient that he felt did not meet the 40,0O0 sq. ft. requirements. He referred to 6/10 of an acre out of a l0 acre piece on King Street. (Willow Creek II - McCann House). The Chairman said that this is a function of the Building Inspectorl that if he believes there is a violation, he should swear out a complaint to the BuildLug Inspector. Mr. Nagy also questioned Mr. Robert Douglas's property. He sold a casual sale along the road. It will have an effect on Section II map. The Chairman said that he thought Mr. Nagy would find that it was legitimate at the time he did it. Mr, Nagy, then said that he, himself, had appeared before the Beard with a piece of property 80' x 240' and he had had to buy extra land. He said that Bob Douglas was the one who objected° Bob Douglas raised the question of water supply, The Manager of the A & P store came in to inquire if A & P could get a temporary two week permit to put merchandise in bulk form on the outside of the store, also a cash register, and sell merchandise on the outside of the store. The ~anager said that it would be for something like soda (300 cases), charcoal etc. He said that Garden City wants him to have an outdoor sale. The Chairman stated tha~ A & P does not have an unusual hardship~ Ghat A & P may apply for a variance but that the Board will deny the application. The following sign renewals were reviewed and approved as submitted: Greenport Civic Association, Dairy Queen, Browns Hill, Beachcomber, Emma Enterprises. Southold Town Board of Appeals -21- July 19, 1973 On motion by Mr. Gitlispie, seconded by Nr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals~dated J~ue 28, 1973, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by ~?~. Gillispie, seconded by Nr. Grigonis, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated July 3, 1973, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Nr. Grigonis, seconded by ~. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.S.T.), Thursday, August 9, 1973, at the Town Office, Main Road, Southold, New York, as the time and place of ihearing upon application of Richard and Shirley Clark, 306 Sixth Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permission to construct dwelling with less than average setback. Location of property: east side Rocky Point Road, south side Aqua View Avenue, East Marion, bounded north by Aquaview Avenue~ east by Rocky Point Road~ south by land of Farmakidis and land of Mardikos~ west by Brow~. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion bY Mr. Hulse, seconded by Nr. GilliSpie, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.N. (E.S.T.), Thursday, August 9, 1973, at the Town Office, Main Road, Southold, New York, as the time and place of hearing Seuthold Town Board of Appeals -22- July 19, 1973 upon application of Patricia Hecker, lll6 Main Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to convert existing garage Mud storage to dwelling~ building has insufficient side and rear yards for dwelling. Location of propertys west side Stars Road, East Marion, bounded north by Stars Road West~ east by Stars Roadl south by Philip Frumenti~ west by Balders, Weiss and others. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by ~. Gillispie, seconded by~r. Bergen, it was RESOLVED that the Southold To~ Board of Appeals set 8:15 P.M. (E.S.T.), Thursday, August 9, 1973, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Kurt Koehler, Stillwater Avenue, Cutchogue, for a variance in accordance with the Zoning 0rdin~uce, Article III, Section 302, for permission to construct garage in front yard area. Location of property: east side Stillwater Avenue, Cutchogue, Lot ~16, Map of H. S. Hande Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Nr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southeld Town Board of Appeals set 8~30 P.M. (E.S.To), Thursday, August 9, 1973, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Miriam Hitchcock, l0 Greenway Street, Hamden, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, the Bulk Schedule and Section 280A of the To~Law, for permission to construct dwelling and divide property with insufficient area and frontage, and approval of access. Location of property: right of way off Grand Avenue, Mattituck, bounded north by William Black~ east by W. Black and H. Krause~ south by C. Ely~ west by Nattituck Creek. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. S~uthold Town Board ef Appeals -23- July 19, 1973 On motion by Mr. Giltispie, seconded b~ ~. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:45 P.M. (E.S.T.), Thursday, August 9, 1973, at the Town Office, Main Road, Southold, New York, as the time andplace of hearing upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and th~ Bulk Schedule and Section 280A of the Town Law, for permission to divide property with in- sufficient area and frontage and construct two dwellings, and approval of access. Location of property: right of way off south side Bayview Road, Southold, bounded north by Clemens~ east by Bayview Development Corp.~ south by Corey Creek; west by right of way. Vote of the Board: .Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by N~. Hulse, seconded by ~v~. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M. (E.S.T.), Thursday, August 9, 1973, at the Town Office, Main Road, Southold, New York, as theitime and place of hearing upon application of James P. Kavanagh, Main Road, East Marion, for a special exception in accordance with the Zoning Ordinance, Article V, Section 500 B-3 and Article XV, Section 1504 l-a, for permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums. Location of property~ south side Main Read, East Marion, bounded north by Main Road; east by Rudkoski and Dawn Estates; south by Gardiners Vay; west by Dawn Estates. Vote of the Board: Grigonis. Ayes:- Nessrs: Gillispie, Bergen, Hulse, The Meeting was adjourned at ll:00 P.M. Respectfully sJ~bmitted, ~a~jor~e McDermott, Secretary Southold Town Board of Appeals