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HomeMy WebLinkAboutZBA-04/10/1975 ard ~r' SoutholdTownBo o£Appeals Telephone 76§-~76'60 APPEAL BOARD ME~V~BER Robert ~(/. Gillispie, Jr., Chsi~:m,~n Robert Bergen Charles Grisonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U T E'S Southotd Town Board of Appeals April 10, 1975 A ragular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.). Thursday, April 10, 1975, 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.; & Serge Doyen, Jr. Fred Hulse present at 7:40 P.M. Also present: William Terry, North Fork Environmental Council; Mr. Robert Rinklin, The Suffolk Weekly Times. 8:15 P.M. (E;S.T.) upon application of Barbara A. Philipp, Pautipaug .Lane, North Franklin, Connecticut for a vari~ in accordance with the Zoning Ordinance, Article II] 100~30 and-Bulk SchedulH for permission to divide lot' with insufficient area. Location of property: E/S Reservoir Road, Fishers Island, New York, bounded on the north by W. 'May and Reservoir Road; east by W. May and Wilmerding; south by K. Peterson; west by Reservoir Road. Fee paid $ 15.00. THE CHAIRMAN: This hearing was originally scheduled for February 27, 1975. Decision was postponed at that meeting until 7:30 P.M. tonight. It has been suggested that we ~'~ Southold Town B~rd of Appeals -2- April 10, 1975 postpone it again until our next meeting of May 1, 1975, at which time we must make a deci~sion. Sixty (60) days is the maximum that we may posDpone a decision. Actually May 1st will be over 60 days. We will postpone decision until April 24th. We can come into the office here and make the decision. We have received several letters saying that Mr. May has not been able to buy the tower or the .55 acre piece from Mrs. Philipp, despite the fact that he has offered more money than they originally paid. Mr. Doyen has suggested in the ~nterest of the whole area that it would be a good idea to postpone it again. Thursday, April 24~h1975 will be the deadline. The Board will come into the office at 11:30 A.M. to make the decision. MR. DOYEN: I think it would be in thesbest interest of the town to postpone decision until that time. THE CHAIRMAn: 1,11 offer a resolution to postpone decision on Appeal No. 199~ Barbara Philipp until Th~msday April 24, 1975 at 11:30 A.M. On motion by Mr. Gillispie, seconded-by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 1997 Barbara Philipp, until Thmrsday April 24, 1975 at 11:30 A.M. Vote ~ the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, D~yen. The secretary was instructed to send a letter to Mr. Will±am B. May advising him that Mr. Doyen has suggested that in the interest of better zoning, this deei~on be postponed until Thursday, April 24, 1975 at 11:30 A.M. at which time decision will have to be made. THE, CHAIRMAN: We have nothing scheduled now until 8:-00 P.M, perhaps we could make some decisions on some of these holdovers. In regard to Appeal. No. 2017 Stanley A. Chase, we approved it tentatively subject to the action of the Suffolk County Planning Commission which we have been awaiting. We have now received their .comments which read as fol~s: "The Board of Appeals should cautiously exercise its discretionary power in granting such sub- standard lot area variances which only serve to undermine the effectiveness of the zoning ordinance, alter the character of the area and establish a precedent for the continuance of such a practice. If you recall, this is Southold Town Board of Appeals 3 April 10, 1975 case where a man owns a piece of property consisting of 82,000 sq. ft. of area. It has s~veral hundred feet of beach front, it is 288.02' deep and fh~re is a house located approximately in the middle of the property according to this survey. He proposes to divide a section, an L shaped section running 80.07' on the water and a depth olf 265' and an additiona~ s~dtion connecting to the private right-of-way 65' in width and 195' to the easterly edge of the right-of-way. This will create a lot of about 35,000 sq~ ft., leaving the original owner with 47,000 sq. ft. This is valuable waterfront property. We have been informed by Mr. Hanlon, the property owner to the north of this that the property carries a covenant. This is his letter to us, in part: "I am appealing to the Southold Town Zoning Board to deny this request based on attached agreement(filed in the County Clerk's Office, Liber 5661 page 255) in which paragraph 4 speli's~out this fact. The fact that was spelled out is that t strongly object to your tentative action (which was 3 weeks ago) as my deed and agreements when I purchased and built my home on my property restricted the owner of the front house not to build beyond his present west boundary of his existing house, as this would completely block my view of the water. (Fred Hulse present at 7:40 P.M. amd was briefed by the Chairman in reference to this appeal.) THE CHAIRMAN: We are considering the Stanley A. Chase application. We have a letter from the adjoining property Owner Mr. Hanlon and accompanying his letter is a copy of the covenants page 1, item 4 : "the seller agrees to impose similar restrictions on adjoining lots to be sold by him and also agrees not to build beyond present west boundary of his existing ho~e. Are these your covenants and your deed? MR. HANLON: Yes sir. THE CHAIRMAN: Of course, you unds~stand ~hat the Board dose not have to be guided by covenants. We are also in receipt of information from his attorney, that was telephoned to me this afternoon, which is that k~en McKenna originally sold this there was a covenant that terminated March 1979. D~d he sell directly to Chase or was there an intervening owner? MR. HANLON: He sold directly to Chase. THE CH3~IRMAN: There is a covenant preventing any building west of his residence~e~re Mar~h 19797 MR. HANLON: Yes ~r. MR BERGEN: Is that when your covenants run out too? MR. HANLON: Yes, it is binding on both parties fifteen (15) years from t~e time I built. The purpose of our object~on at this time is that if the restrictions were released it would give the party an option to sell and the party that purchased it could not be thoroughly bound by the covenants as a new ~ ~outhold Town Boa~r~d of Appeals -4- - April 10, 1975 owner. Technically maybe, maybe not. That's the objection. THE CHAIRMAN: Would you repeat that again, please? MR. HANLON: Yes. If the area were subdivided and he could sell the property, the new owner then could not be bound by the restiictions of these covenants, possibly. THE CHAIRMAN: Our thinking about this goes along these Lines. This is a 2 acre piece Of property. It's very valuable The area within three or four hundred feet has been developed into lots which are a good deal smaller than the lots proposed by applicant. The applicant has 82,000 sq. ft. and it would n~t over increase the density in the Town. That is, increase density beyond the limit imposed by the Ordinance which is 4~0.,000sq. ft. One lot here is 30,000sq. ft. and the other is 5!0,000sq. ft. Sometimes we have to divide it this way on ac6ount of tOpographical arrangements, existing buildings, etc. In fact, this is one of the reasons for this n6t being divided equally. Our thinking is that we would probably want to permit this.division, subject to the covenants ~nd restr~ictions of record. No building to the west of the present ho~se, u~til the covenants of record expire. In other words, we would be adhering to the original covenants and also if this is ever used for a house there should be a sideyard restriction prohibiting any building at all within 30 feet of the westerly line. This would be somewhat of a limitation because the Ordinance n'ow has a 35 ft. sidsyard requirement - 20 ft. on one side and 15 ft. on the other. I ~think in this case we Would dB ~ell to make this 30 feet on the westerly boundary as it borders the airport and 10 feet on the easterly beundary. This is what we are thinking now in connection with a decision on this. All testimony is really suppposed to be taken at the original public hearing if you have anything to add to this, that we don't know about we would like to hear it now. I think you have already added something in that you told us about the covenants. MR. ~ANLON: Well, I didn't know about the original hearing. Then I was~informed that you don't have to be notified as an adjoining property owner. When I~did read about it, I was of the impression that the dovenants in the deed would hold true until 1979. My~objection at this time. THE CHAIRMAN: Well, your copy of the covenants doesn't say any~hing about 1979. MR. HANLON: The complete covenants are set up with that date. T~IE CHAIRMAN: Well, we don,t%have a copy of the complete covenants. MR. HANLON: It does say that it would be binding until 1979. Southold Town Board of Appeals April 10, 1~75 THE CHAIRMAN: March of 19797 MR~ HANLON: January,ii think. It's fifteen years from the date of purchase. I purchased in January of 1964. Now the purpose of putting a covenant on the property at the time I purchased, was an understanding with McKenna and an agree- ment with him that I put a house up that would take in the view, and it was agreed to put it in that location, and that he would not build west of the property for the duration. However, we put a fifteen year drop on it, that it could be reconsidered at that time; if there were a purchase of the property by another party. My objection at this time is, according to advice of counsel, is that if it is agreed that he could sell the area, and naturally thh new party is intends ing to buildaa house on it which would be completely in objection to the covenants that t ha~e. THE CHAIRMAN: My understanding, in talking to his attorney, is that nothing has been said about building another house at this time. The applicant wishes to divide it into 2 parcels. One is 35,000 sq. ft., the other is 47,000 sq. ft. The applicant would suffer unnccessary economic hardship by strict application of the Ordinance. Subject property is presently oversized, having a total area of 82,000 sq. ft. Due to the fact that access is obtained from a private road located at the easterly side of the westerly parcel to be created by the proposed division of the property, it requires a frontage variance. It would not change the character of the neighborhood because parcels would be approximately one acre each. MR. HANLON: If there is to be no construction on the property, there certainly would be no objection. But I can't understand why the property is being divided unless construction is being anticipated. THE CHAIRMAN: We wondered about and discussed it this afternoon. We thought maybe somebody would buy it and use it as a beach property and eventually build on it when they could. MR. HANLON: Well, that's anticipated, but there could be a court battle, if the person who purchases it does so without compliance with the covenants to build right away. This is the main~thing that I am objecting to. THE CHAIRMAN: Well, I think we will put in our conditions, that they can't build right away. Does anyone have anything more to add to this? (There was no response.) THE CHAIRMAN: This westerly lot to be created is 80 ft. wide and it borders on the airstrip. The Ordinance requiras a 35 ft. sideyard. Fifteen (15 and twenty (20), it might be helping the airport a little tQO~ if we require 30 ft. on the Southold Town Board of Appeals -6- April 10, 1975 westerly side and 10 ft. onaany other~sideyard. After investigation and inspection the Board finds that the applicant proposes to divide waterfront lot with an area of 82,000 sq. ft. into two lots. Existing dwelling is located approximately in the middle of the-property, thereby creating a topographical hardship. The westerly lot to be created will have only 35,000 sq. ft. and the original owner will have 47,000 sq. ft. of area. The new westerly lot to be created will have only 65ft. frontage on the right-of-way which is also due to the location of the existing dwelling. The Board is of the opinion that it would ~e an economic hardship to deny the division of this property and generally 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 ~11 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. Gillippie, seconded by Mr. Bergem, it was RESOLVED Gary Olsen a/c Stanley A. Chase, Park Avenue, Mattituck, New York be GRANTED permission to divide property with insufficient area and width as applied for on property located on private road off S/S Park Avenue, Mattituck, N.Y., subject to the following conditions: (1) The division of this propez~z~y shall be subject to any covenants of record. There shall be no building before March of 1979 or whatever date the covenHnt of record expires, whichever is later. (2) That there be no construction within 30 feet of the westerly sideyard and no construction within 10 ft. of any other sideyard. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis? Hulse, Doyen.= THE CHAIRMAN: Regarding the Appea~iNo. 2009 Norman Reich for approval of access on private right-of~way (Pvt. Rd. # 12 ~ Cedar Birch Road) located off S/S Main Road, Orient, New York. This was originally scheduled on March 20, 1975, at which time tentative approval was granted subject to the action of the Suffolk County Planning Commission. The comments of the Suffolk County Planning Commission are that Southold Town Board of Appeals -7- April 10, 1975 this is not within their jurisdiction. This was also granted subject to the condition of improving the right-of-way. After investigation and inspection the Board finds that the applicant is requesting approval of access for property located on right-of-way off S/S Main R~ad, Orient, New York. The findings of the Board are that the applicant proposes to b~ild dwelling on.single lot which is located just south of an approved right-of-way. This application proposes to extend the approval of this right-of-way to the applicant's property. 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. Gillispie, it was RES©LVED Norman A. Reich, 62 RobinSon Avenue, East Patchogue, New York be GRANTED approval of access as applied for on property located at W/S Private Road ~ 12 (Cedar Birch Road), Orient, New York subject to the following-condition: This right-of-way must be improved to a width of at least fifteen (15) feet and improved by removing portion of topsoil and applying suitable fill~such as bank run (sand and Gravel) so that it is passable for emergency vehicles. Final approval of the right-of-way must be granted by the Building Inspector. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, G~igonis, Hutse, Doyen. THE CHAIRMAN: Regarding the Appeal No. 2011 Albert Rountree by application of Chester OrlowSki, 235 Pequash Avenue, Cutchogue, New York. This was originally scheduled for March 20, 1975 at which time tentative approval~was granted subject to the action of the Suffolk County Planning Commission. The comments of the Suffolk County Planning Commission are that this is a matter for local determination. This was also grantsd subject to restrictions on the sideyards. After investigation and inspection the Board finds that the applicant proposes to construct garage in front yard area. The Board finds that the applicant is the owner of a long and Southold Town Board of Appeals April 10, 1975 narrow lot. Applicant's house takes up almost entire width of lot making it impossible to run a driveway to the rear of the lot. Other houses in this vicinity have similar garages in the front yard area. 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 ~icinity of this property and in the same use district; and the variance will not change the character of the beighb~rhood, and will observe the spirit of the Ordinance. On-motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED Chester Orlowski a/c Albert Rountree, 235 Pequash.AV~nue, Cutchogue, New York be-GRANTED permission to cons~r~ct garage in front yard area as applied for on property located on R.O.W. off Miller R.O.W., Mattituck, New York, subject to the following conditions: That the garage be located no closer than 32 feet to the R.O.W. (Bungalow Lane) ~nd no closer than 7 feet to the westerly sideline a~d 3 feet to the easterly sideline. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Do~n. PUBLIC HEARING: Appeal No. 2016 - 9:10 P.M. (E.D.S.T.) upon application of Loraine Strohmeyer, Youngs Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 10~-30 and Bulk Schedule for permission to divide lot with two dwellings with insufficient width and area. Location of property: E/S Youngs Road, Orient, New York, bounded on the north by B. Clingen; east by C. Brown; south by E. Caufield; west by Youngs Road. Fee paid $ 15. TEe Chairman also read the application for a variance and t~e Notice of Disapproval from the Build~ing Inspector and inspecte~dcopy of survey which accompanied the application. 'THE CHAI~: This hearing was or~gina!l~.s~heduled for 9:10'~PiM. March 20, 1975. But it was postponed, upon request of the applicant, until 8:00 P.M. tonight. The property in question runs east off of Youngs Road, a distance o~ Southold Town Board of Appeals -9- April 10, 1975 approximately 300 ft., it's 62.1 feet in width on the easterly dimension and 100' on Young's Road. It is an i~regularly shaped lot. One house is in front on Young's Road and the other is to the rear. The one to the rear has a cesspool, which was indicated to me, that is on the property of someone else - E. Latham. The proposed division is approximately 12B' from the S/E corner of the property. They propose to divide it with a line that is not exactly parallel to the easterly or westerly line. It is an irregularly located line. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: I don't know when these houses were built. Bill, maybe you could help us out here. W~4. TERRY: The first one was built in about 1925 and the other one presumably in the late thirties. Long before any Zoning Ordinances. THE CHAIRMAN: The property in question runs east along Young's Road 100 feet along the north boundary, then south a distance of 300.32 feet, then west a distance of 71.29 feet, then north a distance Of 328.71 feet. The cesspool of the existing house is located on the property of E. Latham. The Board will have to measure off the size of the lots to be created and set sideyards for them. THE C~LAIRMAN: Is there anyone present who wishes to speak ~gainst this application? (There was no response.) THE CHAIRMAN: It is my suggestion that this application be granted subject to the applicant re-locating cesspool on her own property and subject to the line of division being established. The Board measured the distance from the southeasterly corner as 125 feet. After insufficier and the other Ordinance. Qf ano oJ ~on and inspection the Board'finds that to ~iv~e lot with two d~.lli~gs with area. One dwelling was built in 1925 19 long before the Zoning rear house is on the property ~oca~ on the applicant's property t~e div of this property and agrees with the reasoning of the applicant. Southold Town Board of ~peals -10- April 10, 1975 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. Gillispie, seconded by Mr. Hulse, it was RESOLVED Loraine Strohmeyer, Youngs Road, Orient, New York be GRANTED permission to divide lot with two dwellings~h insufficient width and area, as applied for on property located off E/S Youngs Road, Orient, New York, subject to the following conditions: (1) The line of division for the easterly lot to be created shall be 138 feet from the N/E corner; and 143 feet from the S/E corner. In other words, the westerly line of the lot shall start at a point 138 feet from the N/E corner and proceed ~n a straight direction to a point 143 feet on the S/E corner. (2) Access shall be provided over the westerly lot to the easterly lot to be created by a 15 foot right-of-way adjoining the southerly boundary of the applicant's property which is the same access that the applicant has been using. Subject R.O.W. shall be subject to the approval of the Building Inspector. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Bergen, Hulse, Doyen. THE CHAIRMAN: Regarding Appeal No. 2018, Sven Engtund, upon application of Gary Olsen, his attorney, we have received the action of the Suffolk County Planning Commission. They consider it a matter for local determina- tion, and submitted the comment that portions of the old wooden shed should be removed to provide some off-street parking. The applicant's attorney has asked that decision be postponed on this at this time. On motion byMr. Doyen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of kppeals postpone ~ ~ ~ ~outhold Town Board of Appeals -11 ..... April 10, 1975 decision on Appeal No. 2018 Gary Olsen a/c Sven Englund, until 7:30 P.M., Thursday, May T, 1975. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. THE CHAIRMAN: Regarding Appeal ~No. 2014 William Herman, property located at N/S soundview Avenue,.S~h~d ,-~New York, Lot ~ 5 of N. Goldin Map ~ 1~06, correspondence has been received from the Suffolk County Planning Commission. They are requiring that exact variances be specified to with reference to specific sections of the Zoning Ordinance and that a plot plan of the property showing the exact ~o~d ~ the proposed dwelling be submitted to them before it can be reviewed. On motion by Mr. Bergen~ second-d by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 2014 - William Herman until 7:45 P.M. Thursday, May 1, 1975 for the reason that this application was unable to be reviewed because of imcomplete information and absence of plot plan. Vote o~ the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hu~se, Doyen. There were four (4) sign renewals reviewed by the Board and approved as submitted. PUBLIC HEARING: Appeal No. 2021 - 8:25 P.M.. (E.D.S.T.) upon application of Philip Andrews, 275 Midwood'Road & 55 Eastwood Drive, Cutchogue, New york for a variance in accordance with the ZOning Ordinance, Article III, Section 100-30 & 100-32 for permission to construct antenna tower in excess of permitted height. Location of property: N/E corner of Midwood Road & Eastwood Drive, Cutchogue, New York, Lot No. 8 of Eastwood Estates, Suffolk County Map No. 3683. No application fee had been received to date. Mr. Philip Andrews presented secretary with check in the amount of $ 15. for application fee before hearing was commenced. The Chairman opened the hearing by reading the legal notice of hearing, affadavi~s a~testing to its publication in the official newspapers, and notice to the applicant. ~ ~Southold Town Boa~ of Appeals -12- ~April 10, 1975 The Chairman also read Notice of Violation which was issued by the Building Department on March 7, 1975. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. PHILIP ANDREWS: Yes. I a~the applicant. THE CHAIRMAN: How high is the aerial? MR. ANDREWS: It is about 60 or 65 feet. THE CFL~IRMAN: Do you use it for transmission as well as reception? ANDREWS: Yes. that's correct. THE CHAIRMAN: What do you transmit? Is this a business use? MR. ANDREWS: No. It is a hobby. It's not a citizens ban radio. It deals with emergencies, such as hurricanes or power failure, inconjUnction with the AEC - The Amateur Emergency Corps. THE CHAIRMAN: Does this meet all of their specifications? MR. Ai~DREWS: It meets all of the specifications of the Federal Communications Commission and all Town specifications. THE CHAIRMAN: No. The Town has a height limitation of 35 feet, which is the reason you are mkaing this application. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? MR. JENSEN: I.don't think ti is proper that anyone have anything like this in the neighborhood. I understand from o%~er people in the neighborhood that there is a restriction in the deed that there is to be no other structures on the property aside from the house. THE CHAIRMAN: Deed restrictions are a matter we try not to settle here, we deal with the control of the location of structures. Your remedy is elsewhere than here for deed restrictions. MR. ROBERT RINK~N: Is this for T.V. reception also? MR. ANDREWS: Yes. THE CHAIRMAN: It is also to be used for emergency transmission in case of power failure. MR. JENSEN: If it is to be used in power failure how do you operate it? Southold Town Board of Appeals -13- April 10, 1975 MR. ANDREWS: I have it hooked up to a generator. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that the applicant has const~%ed a 65 ft. tower for th2 p~rpose of T.V. reception, and for transmission as an appointee of the Amateur Emergency Corps in case of emergency or power failure. The Board finds that the applicant needs additional height due to this low ground which is in a wooded area. 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 b~ 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. Hulse, it was RESOLVED Philip Andrews, 275 MidwoOd Road & 55 Eastwood Drive~ Cutchogue, New York be GRANTED permission to construct antenna tower in excess of permitted height, as applied for on property located at N/E corner of Mid~ood Road & Eastwood Drive, Cutchogue, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2023 - 8:35 P.M. (E.D.S.T.) upon application of Michael T. Burke, 1~55 Woodcliff Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-33 for p~rmission to construct addition with reduced front yard setback. Location of property: west side of Woodcliff Drive, Mattituck, New York, bounded on the north by J.W. ~uhnowsky, east by Woodcliff Drive, south by James B. Kaminsky, west by D.A. Buckley; & ~nna Hansen. Fee paid $ 15. The Chairman opened the hea~ring by reading the legal notice of hearing, affadavits a~testing t~oits publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -14- April 10, 1975 The Chairman also read the application for a variance and the Notice of Disapproval from the Building Inspector. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. MICHAEL BURKE: Yes. I am the applicant's wife. THE CHAIRMAN: When werwere outspecting this property we asked Mr. Burke why he didn't go to the rear with his addition. It looked as though there were a couple of big trees in the rear? MRS. BURKE: The main reason is that the den that we want to add on is twelve feet. If we did it in the rea~ we would have to stagger the addition because of a big tree. THE CHAIRMAN: The applicant would still have a 32 ft. setback, even after this addition. THE CHAIRMAN: Is there anyone else present who would like to speak for this application? CLIFFORD CORNELL, CONTRACTOR: Yes. I would like to speak for it. M~yname is Cornell. I have been down there to look at the property and I think this additi~ would enhance this property and secondly, as mentioned I think they are only going to extend beyond t~ree feet of the required setback.. I don't think this would set a precedent in the surrounding neighborhood or any adjacent property that would deter from the appearance of the neighborhood. THE CHAIRMAN: The adjoining house on the corner violates the 35 ft. setback. I don't know when it was built. Our Building Inspector has been down there and furnished the information that your house is presently 40 feet back. But your neighbor to the south is 34'8". So you are now setback 6! feet further than him now. THE CHAIRMAN: Is there anyone who wishes tD speak against this application? (There was no response.) After investigation and inspection th~ Board finds that the applicant proposes to enclose and extend carport, to make ~en or family roo~, three feet over the minimum required setback of 35 feet in the front yard area. The Board finds that the applicant has a topographical hardship because an addition to the rear would be complicated by the location of several large trees. The Board agrees with the reasoning of the applicant.' Southold Town Board of Appeals -15- April 10, 1975 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 neighbrohood, and will observe the spirit of the Ordinance. On m6tion b~'Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED Michael Bur~, 1~5 Woodcliff Drive, Mattituck, New York be GRANTED permission to construct addition with reduced front yard setback as applied for on property located at west side of Woodcliff Drive, Mattituck, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal Ne. 2020 - 8:50 P.M. (E.D.S.T.) upon application of Chester M. Mayer, Private Road (Munn Lane), Orient, New York for a vrriance in accordance with the Zoning Ordinance, Article III, SEction 100-30 C-2 & Article III, Section 100-30 & bulk Schedule for permission to convert existing~ accessory building to dwelling unii with insufficient setback and insufficient area. Location of property: Private Rpad- R.O~W., Orient, New York, bounded on the north by L.I. Sound; east by Land now or formerly of Knox, south by Private Road (North Lane), west by Private Road (Sound Lane~. & land now or formerly of Stern. THE CHAIi~MAN: I have a letter in thefite, dated April ~, 1975 fr~m the applicant's lawyer Bill Essex, withdrawing this application. Mrs. Loraine Strohmeyer appeared before the Board at 9:10 P.M. She was informed that decision had been made on her appeal at 8:00 P.M. Mrs. Strohmeyer said that she was not awa~e that the time of the hearing had been cha~ged She thought that the time of the hearing would be the same time that it had originally been s~heduled for on March 20th. Several points were cleared regarding the conditions that had been placed on the granting of the application. Southold Town Board of Appeals -16- April 10, 1975 On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated March 20, 1975, be approved as submitted, subject to minor typographical corrections which have made by the secretary. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,' Grigonis, Hutse, Doyen. PUBLIC HE/LRING: Appeal No. 2024 - 9:10 P.M. (E.DoS.T.) upon application of John & Margaret Rose, Laurelwood Road & Woodside Lane, Laurel, New York for a variance in aecordance with the Zoning Ordnnance, Article III, Section 109-30 & Bulk Schedule for permission to construct addition to existing dwelling with insufficient front yard setback. Location of property: N/E corner of Laurelwood Road & Woodside Lane, Laurel, New York, Map of "Laurelwood Estates", Lot ~ 13. The Chairman opened the hearing by reading the legal notice of hearing, affadavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read the application for a variance and the Notice of ~i~approval from the Building Inspector, and the Board inspected copy of survey accompanying the application. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOHN ROSE: Yes. I am the applicant. THE CHAIRMAN: The application proposes a garage and a breezeway which will place the garage at a point of about 35 ft as I understand it. JOHN ROSE: Yes. That's correct. Between 35 and 40 ft. THE CHAIRMAN: Do you have the exact measurements? JOHN ROSE: No. I haven't laid it out. yet. It's probably closer to 40 feet on the nearest e~ner of the garage. THE CHAIRMAN: Well, we~will say 35 feet, if this is g.ranted. ~Why is the house in such an irregular location on the lot.? Southold Town Board -of Appeals -17- April 10, 1975 JOHN ROSE: Well, it's an angle to the corner. is narrower ~n the front than it is on the back. The lot THE CHAIRMAN: I understand that. The house isn't parallel to either road. JOHN ROSE: Well, basically, we wanted to face the corner of the road. There's no particular reason. This is just the way we laid it out. 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 the applican~equ~stS permission to construct garage and breezeway to existing dwelling with insufficient front yard setback. The Board finds that applicant has a double hardship in that he has an irregularly shaped lot and two front yards because this is a corner lot. 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 al~e 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 John & Margaret Rose, Laurelwood Road & Woodside Lane, Laurel, New York be GRANTED permission to construct addition to existing dwelling with insufficient front yard ' setback, as applied for, on property located at N/E corner of Laureiwood Road and Woodside Lane, Laurel, New York, map of "Laurelwood Estates", Lot $ 13. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal No. 2025 - 9:20 P.M. (E.D.S.T.) upon applidation of Clinton Whitney a/c Willow Point Assoc., Inc., Willow Point Road, Southold, New York for a variance in accordance with the Zoning OrdiRance, Article III, Section 100-30, C 6 (f) for permission to erect oversized on premises residential sign. Location of property: E/S Bay Home Road, Southold, New York, bounded on the north by Willow Point Subdivision, east by Willow Point Road, south by M. Lettunich, A. Glenning, B. Collison & E. Leonard, west by Bay Home Road. Fee paid $ 15. Southold Town Board of Appeals -18- April 10, 1975 The Chairman opened the hearing by reading the legal notice of hearing, affadavits attesting to its publication in the official newspapers, and notice to the ~pplicaHt. The Chairman also read the application for a variance. THE CHAIRMAN: Is three anyone present who wishes to speak for this application? MR. CLINTON WHITNEY: Yes. I'm Mr. Whitney, the applicant. The sign will go at the entrance of a dirt road. Mr. WhitaRy presented the Board with an aerial map of the property. He pointed out to the Board, the areas in which they have been having problems with vandalism. The beach area and the area into the private road. THE CHAIRMAN: You think that by putting this sign up here, it will stop it? MR. ~HITNEY: Nell, we intend to fence it in. THE CHAIRMAN: Did you have a private property sign here before? MR. WHITNEY: Yes. we had a homemade sign there, but somebody tore it down. THE CHAIRMAN: You said something ~bout setting £ires .... MR. ?~ITNEY: Yes. We had two b~sh fires down there. Southold Fire Dept. has been down there twice. THE CHAIRMAN: MR. WHITNEY: THE CHAIRMAN: Your problem is year round? Absolutely. Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: You just wash one sign, is that correct? MR. WHiITNE~: Well, eventually we might need another one, but at this time all we are applying for is just the one. I understand 2/ x2' it's not necessary to-get a permit for? THE CHAIRMAN: ~ One by two is the customary use of signs on residential property. I'M not sur~ but. I think we have never had an application whereby anyone wa~ted to put a larger private property sign or no tresspassing sign. THE CHAIRMAN: Is there anyone else present to speak for this application? Southold Town Board of Appeals -19- April 10, 1975 (There was no response.) THE CHAIRMAN: Where would you locate the sign? MR. WHITNEY: We plan to put up a gate here. In turn, this will eliminate people from getting down there. (Mr. Whitney pointed out the location on the map.) There are two posts on the road there tight now, which are set in concrete. We would put the sign right there. After investigation and inspection the Board finds that the applicant proposes to ~ct over~zized on premises residential sign 3' x 4' The findings of the Board are that the applicant has had problems with vandalism and fires. Permission to enlarge the ordinarily permitted 1' x 2' no tresspassing sign may help in preventing vandalism. The Board agrees with the reasoning of the applicant. Location of sign should be at least five feet from any property line, at the intersection of private raad which intersects the private road - Willow Point Road. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr, Hulse, it was RESOLVED Clinton Whitney a/c Willow Point Assoc., Inc., Willow Point Road, Southold, New York be GRANTED permission to e~ect over-sized on premises residential sign asapplied for on prpperty located at E/S Bay Home R6ad, Southold, New York, subject to the following conditions: (1) That the sign shall be located at least five (5) feet from any property li~e, at the intersection, of private road which intersects the private roa~- Willow Point Road. (2) That the sign shall be subject to all rules and regulations governing signs in the Town of Southold. (3) That the sign shall be granted for a p~riod of one year, renewable annually upon written application to the Board of Appeals. Vote of the Board: Ayes:.- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -20- April 10, 1975 PUBLIC HEARING: Hppeal No. 2026 - 9:30 P.M. (E.D.S.T.) upon application of Robert Tabasko a/c Mattituck Motel, Bay Avenue, Mattituck, New York fo~ a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6 (f) for permission to erect off premises directional sign. Location of property: Land of Mill-Matt Agency on S/W corner of Marline Lane and Main Road, Mattituck, New York, bounded on the north by Main Road, east by Frank Pumillo, south by J. Skuro, west by Marline Lane. Fee paid S 15. The Chairman opened the hearing by reading the legal notice of hearing, affadavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman read the application for a special exception and letter of consent from the property owner contained in file. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: I think that this is in accordance with anything that the Board has done in the past. To grant directional signs to places for the travelling public to ~a~_, sleep, or amuse themselves. This includes motels, marinas, & restaurants. It has been the policy of the Town that this type of business be allowed to have off premises directional or information signs. After investigation and inspection the Board finds that the applicant is requesting permission to erect off-premises directional sign for his motel business. The findings of the Board are that the applicant has lost a similar directional sign located about 200 feet from where this sign is proposed. The Board is of ~he opinion that this is a necessary sign in the interest of the ~ravelling public. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Bergen, seconded by Mr. HUlse, it was RESOLVED Robert Tabasko a/c Mattituck Motel, Bay Avenue, Southold Town Board of Appeals -2I- April 10, 1975 Mattituck, New York be GRANTED tentative approval only for permission to erect o~f premises directional sign as applied for on property of Mill-Matt Agency at S/W corner of Marline Lane and Main Road, Mattituck, New' York, subject to the foll6wing conditions: 41) That this is a tentative approval only, Subject to the action of the Suffolk CouRty Planning Commission (within 500' of state road) at which time a final action will be determined by the Board of Appeals. (2) That this sign shall be located at least five (5) feet from any property line. That the maximum size of this sign shall be no larger than 4' x 6'. (3) That the sign shall be subject to all rules and regulations governing signs in ~the Town of Southoldf~ (4) That the sign shall be granted for a period of one (1) year~ renewable annually upon written application to the Board of Appeals. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2027 - 9:40 P.M.. (E.D.S'.T) upon application of Harry J. Baglivi, Main Road~, Peconic~ New York .for a special exception in accordance with the Zoning Ordinance, Artic~ XIV, Section 100-141 for permission to erect additional on premises sign. Location of property: Land of A. Rheinhardt, N/S Main Road, Peconic, N~w York, bounded on the north by Irving Newman & Another, east by Geo. Berkosko, south by Main Road, west by L.A. Gozelski, Fee paid $ 15. The Chairman opened the hearing by reading the legal notice of hearing, affadavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read the application for a special exception. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? HARRY J. BAGLIVI: Yes. My name is Harry J, Baglivi. I am the applicant. The sign on the roadl is the sign that was originally put up when I erected the sign on the~roof for which you granted permission in lieu of the street sign. But I really need this street sign, too. THE CHAIRMAN: There have been people in the past who wanted a roof sign and a wall sign~ but no standing Soutkold Town Board of Appeals -22- April 10, 1975 sign. We have always felt that if someone was willing to do without his standing sign, we could grant him permission to put a sign on his roof and on the side of the building. In this case you can probably see what we get into because tkis is not your property. This is off-premises. Who-owns this property that the liquor store is on? MR. BAGLIVI: A. Rheinhardt. THE CHAIRMAN: And who owns the property you are on, you do? MR. BAGLIVI: No. It's all owned by Rheinhardt. THE CHAIRMAN: And you are rentingf~rom hi~? MR. BAGLIVI: Yes. THE CHAIRMAN: Who owns the property that this sign will be on? MR. BAGLIVI: Rheinhardt. THE CHAIRMAN: It's a debatable question because actually it is several business on one property. The County garage at the east side, the accounting store, the liquor store, and the aniique barn. MR. BAGLIVI: If you are travelling west you can't see the barn at all. So I need this street sign. THE CHAIRMAN: If we grant you this street sign, would you be willing to eliminate the roof sign? MR. BAGLIVI: Well, I really need that roof sign. I get a lot of commenus on how good you can see it. But I'll comply in any way that I can. THE C~LA1RMAN: I don't think the sign that you have on the sidewall islnecessary. MR. BAGLIVI: Yes. If you are coming from the west, you can see it. THE CHAIRMAN: And you think if we grant you this street sign you will have all the advertising you need? MR. BAGLIVI: Sure. I really need this street sign. MR. HULSE: So, now he has a roof sign, a sidewall sign, and this street sign, so that is three signs, maybe he should do without one or any of the others, if he wants this street sign? Southold Town Board of Appeals -23- April 10, 1975 THE CHAIP~kAN: Yes. This would be his third sign. This would hot be an off premises sign, however., because it is on the property of Rhe±nhardt and he alse owns the property you rent. What is the size of Hhis sign? MR. BAGLIVI: I don't know exactly, but it complies with regulations. It's about 4' x 5' or something like that, I don't really know. THE CHAIRMAN: Is the property zoned business? MR. BAGLIVI: Yes. It is. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) MR. DOYEN: He has the roof sign and the street sign. Both of which you can see good from the road. You can't see the sidewall sign if you are going west, so eliminate that. THE CHAIRMAN.: There are some comments from the Building Dept. contained in the file, which read as follows: (1) Sign is too low to ground, must be raised to at least 4 feet above ground level. (2) Sign is in R.O.W., must be relocated at least five feet from any property line. We would incorporate these into our conditions of granting this. Also, you have a lot of small printing on the sign such as open daily, etc. You can't read that when you are coming down the read. You will have t~ eliminate all small printing from the Sign. The only w~i~ing is to be the word antiques in large letters with an arrow pointing to the rear to direct the public to the rsar of the building. Also, eliminate all your sidewall signs which will give you a better looking building, too. This now has to go to the County for their action. THE CHAIRMAN: Are there any further questions? (There was no response.) After investigation and inspection the Board finds that the applicant is requesting permission ~o'ke~p his street sign, This street sign would be in addition to roof and sidewall signs for which applicant has had a special exception . The applican~.'s.business is off the Main Road~ to the rear of the property and therefore needs sufficient advertising and directional signs. The Board generally agrees with the reasoning of the applicant. This application shall be subject to conditions as set by the Board of Appeals. ~ ~outhold Town Boa~= of Appeals -24 ..... ~pril 10, 1.975 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spii~ of the Ordinance will be observed. On motion by Mr. Hulse, seconded by Mr. Gillispie., it was RESOLVED Harry J. Baglivi a/c Peconic Trading Post, Main Road, Peconic, New York be GRANTED tentative approval only to erect additional on premises ground sign as applied for on property of A. Rheinhardt located off N/S Main Road, Peconic, N.Y., subject to the following conditions: (1) That the sign be raised to at least four feet above ground level and re-located at least five feet from any property line. (2) That the information on the sign be limited to "ANTIQUES" with an arrow directing to the rear. (3) That the applicant eliminate all wall signs. (4) That this sign shall be no larger than 4' x 6' and subject to all rules and r~ulations governing signs in the Town of Southcld. (5) That this sign shall be granted for a period of One (1) year, renewable annually upon written application to the Board of Appeals-. (6) That this is a t~ntati~e approval only, subject to the action of the Suffolk County Planning Commission. After foregoing has been received a final action will be made by the Board of Appeals. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC Appeal No. 1999 - 9:50.P.M~ (E.D.S.T.) )lication of Emanuel Tsontos, 26 I,V. Hills, (Roslyn P.O~); New York for a special in accordance with the ZOning Ordinance, Article V, Section 100-50, Subsection B (3) for permission to use land zoned "C" for multiple dwellings. Location of property: S/S Sound Avenue, Mattituck, New York, bounded on the north by Demchuk, R. Davis, Sound:Avenue, L. Yarusso, Worthington & Others; east by J. Berdinka, J. Sin.ko, L. G1D~eckler, F~ Zaneski, W. Jackowski &~Others, and Factory Avenue~ south by L.I.R.R.; west by Walgo & Demchuk. Fee paid $ 15. ~ ~ -~outhold Town Boa~'d of Appeals -25- April 10, 1975 The Chairman opened the hearing by reading the legal notice of hearing, affadavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman read the original application and the amended application for this special exception. THE CHAIRMAN: Is there anyone present who wishes to ~peak for this application? STEVE TSONTAKIS, P.E.: The applicant was supposed to be here. THE CHAIRMAN: Yes, he was here earlier. We understand that the reason you people are requesting a re-hearing is because of our placing a condition on the special exception limiting the number of units to 30 instead of th~ 35 as applied for, is that correct? STEVE TSONTAKIS: Yes. That's correct. THE CHAIRMAN: We have discussed this at some length and essentially, I think we were wrong in doing that. I think that the way our Ordinance reads and the way we have operated in the past does not penalize the applicant for the area that is put into the roads.. So, I think the Board should not reduce your 35 units. In fact our tentative action of the last meeting was made invalid by the fact that you withdrew the application and asked for the re-hearing. I think the 35 units, as applied for, is what. the Board should ~ive permission for. This did not go to the County after the last meeting because you withdrew the application, so I think we will send this up to the County, now recommend- ing the 35 units as a~tied for. Do you have anything to add to this? STEVE TSONTAKIS: No. Sir. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. GLOECKER: I have a question. They are going to put 35 families in there, what's this going to do to our water supply? THE CHAIRMAN: The water supply and sewerage are Board of Health matters, we consider them only~ indirectly. I~can understand why you are concerned. Our water studies indicate that there is enough water in the Town to support one family on one acre, or at leash we hope there is. This man is permitted to do this under our Ordinance, so these are just Southold Town Board of Appeals -26- April 10, 1975 general objections you are raising or discussing. MR. GLOECKER: I have no objections as long as it doesn't affect our water supply. THE CHAIRMAN: This is a permitted use in our Town with 9,000 sq. ft. per unit. There is another thing that has been indicated to us by the water supply, I don't know how this stands in relation to it, but there is a lot of water in Mattituck.- MR. GLOECKER: If I could just add something else. Across the street from us a man just built ahhu~se and put a well in and the water was no good. There's a vein of water that runs past us down by the A & P and the water is no good. I'm afraid that they are going to pump our good wa~er away from us, and our water is g~ing to be bad. THE CHAIRMAN: I would think that anything like this could be brought up to the Board of Healtk. We strictly have to relate our decision tO the Zoning Ordinance. MR. WM. JACKOWSKI: Where is the access going to be coming into that property? The Board pointed out the location of the access on the map. WM. JACKOWSKI: Will it be next to the L.I.R.R. THE CHAIRMAN: Yes. That's right. WM JACKOWSKI: I also heard that they are going to have a stockade fence? STEVE TSONTAKIS: Yes. It will be 6 ft. high and run als~g the back of the property and as far on the sides as the OrdinanCe-will allow. The san!itary system is going to be in accordance with certified Bo~ard of Health requirements. It will be a septic tank system. With these systems, all the solid waste septic tank, they are biodegradable, and they they don't end up in the water supply at all. ,quidwaste overflow from the septic tank into this leaching pool and they are leached through ~he natural sand filter in the ground. Most test results of leaching pools show that within one foot of the leaching pool all the colofoam bacteria are dead. So as far as pollution of the water supply goes, I don't really think you have to worEy about it. The Board of Health has made adequate ~provisions to control the situation. We are not using detergents in Suffolk County, so the ABS which is the harmful phosphorus that ends up in the water supply will not do so here, because we don't use detergents. '~outhold Town BoaH~ of Appeals -27- ~ril 10, 1975 THE CHAIRMAN: MR. TSONTAKIS: THE CHAIRMAN: Will you be hauling any solid wastes away? From the septic tamks, yes. Are there any other questions? (There was no response.) THE CHAIRMAN: If not, I'll offer a resolution to reserve d&cision on this until the County has acted on it. On motion by Mr. Gill~pie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 1999 Amended application of Emanuel Tsontos until such time a s action is received from the Suffolk County Planning Commission. Vote of the Beard: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. The following actions were inspected and approved by the Board of Appeals~ Thomas Conrad - Appeal No. 2010 Virginia G. Jones - Appeal No. 2012 William Kitlian - Appeal No. 2013 Athanas Zamphiroff - Appeal No. 2015 On motion by Mr. Grigonis, seconded by Mr.~Bergen, it was RESOLVED that the next regular-meeting of the Southold Town Board~of Appeals shall be held at 7:30 P.M. (E.D.S.T.) ThurSday, May 1, 1975, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals Apiil 10, ~.975 On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.) upon application of Donald Ar~uri, 60 E. 4th Street, Patchogue, New Y~k,. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 foe permission to erect fence over four (4) feet in height in front yard area. Location of property: E/S of Lighthouse Road, Southold, New York, bounded on the north by L.I. Sound; east by D. Anderson; south by D. Anderson; west by Lighthouse Road. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. -- On motion by Mr. Hulse, seconded by Mr. Gillippie, it was RESOLVED that the Southold Town Board of'Appeals set 8:10 P.M. (E.D.S.T.) upon application of Thomas Yasso d/b/a Williston Beverage,~ Inc., Main Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article ~II,~ Section 100-70 and Bulk Schedule for permission to construct addition with reduce~ sideyard area and to ~over more than permitted lot coverage. Location of property: south side of Main Road (Route 25), ~attituck, New York, bounded On the north by Main Road; east by H.E. Kander; south by L. Alger & L. Lyndsey; west by L. Lyndsey. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hutse, Doyen. On motion by Mr.Doyen, seconded by Mr. Grigonis, it was the Southold Town Board of Appeals~set .S~T,) upon application of George Ahlers S, In~., 250.1Cox Lane, Cutchogue, N.Y. a/c Myles & Ha~t, 23 Crossby Road, Huntington, New York, for a'variance in acc0rdanc~ with the Zonin~ 0rdinanc~, Article III,~ Section 100-30 and Bulk SChedule for permission to construct addition to existing dwelling with insufficient front~yard setback~ Location of propert'y :~Private Road off W/S Private R.OW. - Camp Mineola Road~or Reeve Ave., Mattituck, New York, bounded on the north by Folly Beach L&mited; east by P. Kelly; south by Private Road off W/S Southold Town Board of Appeals -29- April 10, 1975 Private R.O.W.- Camp Mineola Road or Reeve Ave.; west by Folly Beach Limited. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigoni~, Hulse, Doyen. On motion by Mr. Grig~is, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:35 P.M. (E.D.S.T.~=upon application of James Lynam, 380 Sound Avenue, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient sideyard area. Location of property: north side of Sound Avenue, Peconic, New York, parts of lot nUmbers 7 & 8 of !'Peconic Shores" Subdivision. Vote of the Board: Ayes:- Messrs: Gitlispie, Bergen, Giigonis , Hulse, Doyen. On motion by Mr. Bergen~ seconded by Mr. Hulse, it was RESOLVED that the Seuthold~ Town Boarder Appeals set 8:50 P.M. (E~D.S.T.) upon applicatiOn of HaroldlStetler, 27 ~ Brentwood, New York for a special exception in acc Zoning Ordinance, Articts III, Section 100-38, SubSection B 9 (a) for permission to use property for dockage and mooring privileges for small boats as an accessory u~se. Location of property: E/S GutlPond Lane, Greenport, N~w York, (southerly lot) ~ bounded ~orth:~N. 60° 01' 20" 'Ei.165+- ; East : 135 '+-' on W/S canal; south : slong northerly line of Lot 12, Fordham Acres S. 60~ 54' 30" W. 188' +- ; West : along E/S Gull Pond Lane N. 68° 19' 00" W. 88.9' & N 43° 00' W. 51.51' Vote of the Board: Ayes:- Messrs: Gitlispie, Bergen, Grig~$, Hulse, Doyen. On-motion by Mr. Giltispie, Seconded byMr. Bergen, it-was Southold Town Board of Appeals -30- April 10, 1975 RESOLVED that the Southold Town Board of Appeals set 9;10 P.M. (E.D.S.T.) upon application of Js~ahan Visel, 14755 Soundview Avenue, Southold, New York for a variance in accordance with the~Zoning Ordinance, Article III, Section 100-35 for permission to construct front yard fence over four (4) feet in height. Location of property: N/S Soundview Avenue, Southold, New York, bounded on the north by O. Lindermayer; east by J. Bitses; south by Soundview Avenue; west by Private Road- Hyatt Road. Vote of the Board: Ayes:-~essrs: Gillispie, Bergen Grigonis, Hulse, Doyen. -- ' On motion by Mr. Hulse, seconded by Mr. Grigonis, it.was RESOLVED that the Southold Town Board of Appeals set 9:20 P.M. (E.D.S.T) upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York a/c William Mulligan~ Third Street, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 100-36 for permission to construct new one ~amily dwelling with insufficient side yard areas. Location of property: north side of Third Street, Laurel, New York, Lot ~ 72 on Subdivision Map of G.I. Tuthill Suffolk County Map 9 861. ' Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen, On'motion by Mr. Hulse, seconded bY Mr. Bergen, it was RE~SOLVED that the Southold Town Board of Appeals set 9:35 P.M. (E-D.S.T.) upon aPplicatiOn of Lloyd T~rry, Main Road, Orient~ New'York for ~ special exceptio~ in a~cordance with the Z0ning~Ordinance, Article III, Section 100-30 B 8 (a) for permission to renew farm labor camp permit~ Location Of prOPerty: south side of Main Road~ Orient, New York, , bou~de~ on the north by Main Road, east by s. Koroleski; R.H. Latham; south by Hallock Bay; west by E. Latham. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -31- April 10, 1.9~5 The meeting was adjourned at 10:40 P.M. Respectfully submitted, Be~t ~ety '~etary Pro Tom Southold Town Board of Appeals Robert W. Gillispie,Jr., Chairman PROVED