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HomeMy WebLinkAboutZBA-03/20/1975 Southold Town Board of Appeals -~OUTHOLD, L. I., N.Y. 11971 Telephone 765-2660 APPEAL BOARD MEMBERS Robert 'v~/. GiIlispi¢~ Jr.~ Chairman Robert E~ers,¢n Charles Grisonis, Jr. Ser~e Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals March 20, 1975 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, March 20, 1975, at the Town Office, Main Road, Southold, New York. There were preeent: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Fred Hulse, Jr. Also present: William Terry- North Fork Environmental Council; Mr. Robert Rinklin - The Suffolk Weekly Times. Absent: Mr. Robert Bergen; to inclement weather. Mr. Serge Doyen, Jr. due PUBLIC HEARING: Appeal No. 1999 - 8:30 P.M. (E.S,T~) ~pon application of Emanuel TsontoS, 26 I.V. ~Willets Road, West North Hills (Roslyn P.O.), New York for a special exception 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. Yarrusso, Worthington & Others; east by J. Berdinka, J. Sinko, L. Gloecker, F. Zaneski, W. Jackowski & Others, and Factory Avenue; south by Long Island Railroad; west by Walgo & Demchuk. Fee paid $ 15. ~ Southold Town Bo~ of Appeals -2- March 20, 197~ This hearing was originally scheduled for February 27, 1975. However, decision was reserved by the Board of Appeals because no one showed up to speak for the application and there was no map in the file. 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 special exception application. Mr. Steve Tsontakis presented the site plan map to the Board of Appeals for their inspection. Subject map was dated February 4, 1975, Received by the Town of Southold, Plan ~ 3. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. STEVE TSONTAKIS: Yes. My name is Steve Tsontakis. I am the professional engineer on this job. Emanuel Tsontos asked me to come to represent him on this particular appeal. ·his p~&ce of land is presently vacant. ~his project will have two access roads, one on Sound Avenue 36 ft. wide, and one on Factory Avenue 50 ft. wide. It is bounded on the south by the L.I.R.R. , and to the west by a farm. It is presently zoned "C" Commercial or Industrial. The applicant proposes to erect a condomi~um complex with 35 units. THE CHAIRMAN: Does he propose to rent or sell the units? MR. STEVE TSONTAKIS: The buildings will be privately owned and the ground~ ~ilt be jointly owned with thee association. The comp~Iex will include a swimming pool and recreation area. THE CHAIRMAN: (inspecting the map presented to the Board by Mr. Tsontakis) This is your boundary line here, right? The swimming pool and accessory building must be moved some distance off the boundary line. The same with the guard house up here. They are too close. You will either have to move them, or apply for ~ariances. MR. STEVE TSONTAKIS: I think we can move them and not have to apply for a variance. The pertinent buildings also include a garage, storage building, & p~mp house will house the water supply. THE CHAIRMAN: Have you h~d the water tested? MR. TSONTAKIS: Yes, we pumped 5 gallo~s per minute, which meets Health Dept. requirements. We had forty (40) feet of water in the test well. THE CHAIRMAN: Well, that sounds acceptable. But you don't have an approYal from them yet, do you? MR. TSONTAKIS: No, I haven't received anything from them in writing. ~ ~ Southold Town Bo~.~] of Appeals ~-3- --srch 20, 19.75 THE CHAIRMAN: One thing we discovered in going over this is that your square footage is approximate. Your access roads take up 48,000 sq. ft. They will have to be deducted from the total square footage. They can't be counted in to determine the number of units permitted under cluster zoning. This automatically reduces your number of units by 20 percent. The Chairman read the Section of the Ordinance covering this. MR. TSONTAKIS: Yes. But this is not cluster development, it is condominium. And these roads are not going to be turned over to the Town, they are going to be private roads. THE CHAIRMAN: It all goes under the s~me concept. this reduces you to 30 units instead of 35. This is one point Town Counsel and I discussed this afternoon. So MR. TSONTAKIS: I don't think this is so. These are going to be private roads, the same as if they were d~iveways. THE CHAIRMAN: This is a requirement of the Ordinance. MR. TSONTAKIS: What section of the Ordinance is that? THE CHAIRMAN: It is under cluster zoning. It is covered in several sections of the Zoning Ordinance. MR. TSONTAKIS: But this is a condominium complex not a cluster zoning development. T~E CHAIRMAN: Yes, but it still goes under the cluster zoning concept. The idea of leaving open space so forth and so on. You have 321,995.52 sq. ft. of area. You must allow 9,000 sq. ft. for each unit because you h~ve no public water and ~ewerage. Then deduct 20 percent from that figuredand you come up with 30 units. Of course, your water and sewerage must be approved by the Board of Health. MR. TSONTAKIS: As I said, they have advised me by telephone that the water is acceptable, but we don't have anything from them in writing yet. THE CHAIRMAN: Yes. But what about the sewerage? MR. TSQNTAKIS: No. We have no approval on that, yet. But we are working on it, sewerage will be provided. THE CHAIRMAN: This site plan has not had the final approval of the Planning Board yet, has it? MR~ TSONTAKIS: No. It is presently being referred to the e~unty. THE CHAIRMAN: Is there anyone present who wishes t~ospeak against this application? (There was no response.) Southold Town Board of Appeals -4- March 20, 1975 After investigation and inspection the Board finds that the applicant proposes to erect 35 multiple dwelling units on a tract of land consisting of 321,995.52 Sq. ft. of area. He proposes to erect eight (8)- four unit dwellings and one (1) - three unit dwelling. The applicant proposes to furnish water from wells which have been tested by the Suffolk County Board of Health, but not yet approved. His proposal is to furnish sanitary facilities which are subject to the approval of the Suff~olk County Board of Health. This is a permitted use by the Zoning Ordinance in the "C" Industrial zone. The applicant also proposes to furnish the following amentities: swimminq pool, recreation building, administration building~ tool shed, pump house & yard house. The Board finds that the public convenience and welfare and justice will be served and the legally establish~ed or permitted use of~ neighborhood property and adjoining use districts will not be permanently or sub, s~antially injured and the spi~ of the~Ordinance.will be observed. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED Emanuel Tsontos, 26 I.V. Willets Road, West North Hills (Roslyn P.O.), New York, be GRANTED tsRtative permission to use land zoned "C" for multiple"dwellings on property located off S/S Sound Avenue, Mattituck, New York, as shown on map dated as received by the Town of Southold on February 4, 1975, Site Plan ~ 3, this tentative approval is sbbject to the following conditions: (i) That this is a tentative approval only, subject to the action of the Suffolk County Planning Commission at which time a final action will be determined by the Board of Appeals. (2) (3) That the number of units be limited to 30 (thirty)° That variances will have to be applied for on any structures which are too close to sidelines and violate Bulk requirements of the Ordinance. (4) That all sanitary facilities shall be approved by the Suffolk County Board of Health. (5) That the application be subject to site plan approval by the Southold Town Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, ~.~ ..... · Southold Town B~.~d of Appeals -5- March 20, 19.75 PUBLIC HEARING: Appeal No. 2009--7:45 P.M. (E.D.S.T.) upon application of Inla~d Homes, Inc. a/c Norman A. Reich, 62 Robinson Avenue, East Patchogue, N.Y.-for a variance in accordance with the Zoning Ordinance, Town Law, Section 280 A for permission to build dwelling With lack of access on a private road. Location of proper%y: W/S Private Road (Cedar Birch Road), Orient, New YOrk, bounded on the north by F. Braddick; east by Private ROad or R.O.W. (Private Road 9 12 Cedar Birch Road); south by E. King; west by D.M. Brawner & Wife. 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 Disapproval from the Building Inspector. Mr~ Norman Reich was present at the meeting. Robert Hiltz was stated as the applicant on the application. Mr. Reich's name did not appear on the application. The appli- cation was amended to read "Robert Hiltz, Contractor a/c Norman Reich". THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. NORMAN REICH: Yes, I am the owner of the property. THE CHAIRMAN: This application is accompanied by a survey. But it does not indicate the location of the lot in reqard to the entire King property. MR. NORMAN REICH: I have an overlay map of the entire area. (Mr. Reich presented the map to the Board for inspection, and indicated to them, the lot on which he wishes to build.) THE CHAIRMAN: What is the area of this lot? MR. NORMAN REICH: It is a little more than an acre. The well has been approved by the Health Dept. and I have permission from them to put in a sanitary facility. THE CHAIRMAN: You have the signed approval of the Health Dept.? MR. NORMAN REICH: Yes, for the well. The road is improved and it is being used by all the other houses in this area. THE CHAIRMAN: We were down there the other day, inspecting the property, and it didn't look wide enough to drive on. It must be widened to at least 15 feet and improved with a suit- able fill such as bank run. I think all you are asking for in this application is approval of access. 0 Southold Town Boa.~/ of Appeals -6- March 20, 1.975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds tkat the applicant is requesting approval of access for property located on right-of,way off S/S Main Road, Orient, New York. The findings of the Board are that the applicant proposes to build 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 unecessary hardship; the hardship created is unique and would not be shared by all proper.ties 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 R~SOLVE~ Norman Reich, 62 Robinson Avenue, East Patchogue, New York be GRANTED tentative approval of access as aPplied for ~'h property located at W/S Private Road ~ 12 (Cedar Birch Road) ~ient, New York. This tentative approval is granted subject to the following conditions: (1) This right-of-way must be improved to a width of at least 15 feet and improved by removing portion of topsoil and apPlying suitable fill such as bank run (sand & gravel) so that it is PaSsable for emergency vehicles. Final approval of the right-of,way must be granted by the Building Inspector. (2) This application must go to the County Planning Commission. This approval is tentative only, subjec~ to the action by the Suffolk County Planning Commission. After the foregoing is received by this Board, then a final action will be taken by this Board~ Vote of the Board: Ayes:? Mmssrs: Gillispie, Grigonis, Hulse. ~BLIC ~EARIN~:. Appeal No. 2010 - 7:55 P.M. (E.D.S.T.) u~gn app%i~i0n of Thomas E. conrad & Wife, 7020 North Bayview R~ad~, :~o~th~d, New York for a variance in accordance w~th the Z~ngl Ordm~nce, Article III, Section 100-30 and Bulk Schedule fQ~ P~ss~O~ to ~0nstruct attached garage with insufficient Southold Town Bo~d of Appeals -7- ~March 20, 1975 setback. Locati~ of property: S/S North B~'~view Road, Southold, New York, Map of Leeward Acres, south half of Lot ~'s 11 & 12. Pee 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 variance and Notice of Disapproval from the Building Inspector. THE CHAIRMAN; Is there anyone present who wishes to speak for this application?' MR. THOMAS CONRAD: I am the applicant and I wish to speak in ~avor of it. THE CHAIRMAN: It appears that the house is already built. The sketch indicates that the house is located catty- cornered. It is not parallel t~ the front, rear, or side yards. How did all of this happen? MR. THOMAS CONRAD: Well, these two houses were built on speculation and apparently they violated the Zoning Ordinance in the very beginning. THE CHAIRMAN: No. They did not violate the Zoning Ordinance when they were built because this map was approved just before they changed the Ordinance. MR. THOMAS CONRAD: Here is a map of exactly how the two houses are situated in here. (Mr. Conrad presented the map to the Board. The Board inspected and discussed the proposed location of the garage.) MR. THOMAS CONRAD: I want my garage to be as near to the driveway as possible. 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 applicant is requesting permission to construct attached garage with insufficient setbaCk on dwelling which pre-existed the Ordinance. The location of.the house is not parallel to the front, rear, or side yards of the property~ therefore making it difficult to locate addition. 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. Southold Town Board of Appeals -8- M~ch 20, 1975 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED. Thomas Conrad, 7020 North Bayview Road, Southold, New York be GRANTED permission to construct garage in front yard area as applied for.' Vote of the Board: Ayes:- Messrs: Gillispie, Grigonls, Hulse. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated February 27, 1975 be APPROVED as submitted, subject to minor correction. Vote of the Board: Ayes:-~Messrs: Gillispie Grigonis, Hulse. , PUBLIC HEARING: Appeal No. 2011 - 8:05 P.M. (E.D.S.T.) upon application of Chester Orlowski a/c Albert Rountree, 235 Hequash Avenue, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in front yard area. Location of property: R.O.W. off Miller R.O.W., Mattituck, New York, bounded on the nortk by Private Road; east by D.F. Shaw; south by Howard's Branch of Mattituck Creek; west by G.W. Argentieri. Fee paid $ 15. The Chairman opened the heeming 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 variance and the Notice of DiSapproval from the Building Inspec%or. The application was accompanied by a survey. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR~ ORLOWSKI: Yes. I am.the contractor acting for the owner of the property. THE CHAIRMAN: This survey indicates that the house is barely accomodated by the width of the lot. The width of the lot on the northerly R.O.W. is 39 feet and on Howard's Branch of Mattituck Creek it is 52.54 feet. This is low ground on the creek side, right? Southold Town Boa-~ of Appeals -9- M_R. ORLOWSKI: Yes~ That's right. M~ch ~0, 1975 THE CHAIRMAN: The garage is Ho be located how many feet off the side line? MR. ORLOWSKI: Three feet off one side and eight feet off the other side. There is a big tree at this point. (He indicated the location of the tree on the map Ho the Board) That is the main reason for the appeal. THE CHAIRMAN: It looks as though this is the only feasible location for the garage. MR. OWLO~SKI: Yes. That's right. We stand back from the R.O.W. about 32 feet. THE CHAIRMAN: I know that other houses in the area have similar garages in the front yard area. Is there anyone present who wishes to speak against this application? (There was no response.) 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 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 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 Mro Grigonis, it was RESOLVED Chester Orlowski a/c Albert Rountree, 235 Pequash Avenue, Cutchogue, New York be GRANTED tentative approval only to construct 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) and no closer than 7 fi.to the westerly sideline and 3 ft, to the easterly sideline. (2) That this is a tentative approval only. This application must be referred to the Suffolk County Planning Commission. After action is received from the Planning Commission, then a final action will be taken by the Southold Town Board of Appeals. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonls, Hulse. Southold Town Bo~ ~d of Appeals -10- March 20, 1975 PUBLIC HEARING: Appeal No. 2~2 - 8:15 P.M. (E.D.S.T.) upon application of Virginia G. Jones, 12 Hamilton Place, Garden C~iy, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Willow Point Road and R.O.W. off Bay Home Road, Southold, New York, Map of Willow Point, Lot No. 26. The Chairman opened the hearing by reading the legal notice of hearing, affadavits a~testing 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 Disapproval from the Building Inspector. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WHITNEY: Yes. Mrs. Virginia Jones was unable to appear here tonight. I am a neighbor and she has asked me to represent her on this matter. THE CHAIRMAN: This is a peculiarly shaped lot. It's sort of a rmght angle triangle. With Willow Point Road on the long side of the triangler and 2 right-of-ways on the other two sides of the triangle. (Mr. Whitney presented a map of the area to the Board for their inspection.) THE CHAIRMAN: This is a right-of-way here and this is a right-of-way here. MR. WHITNEY: Yes. Both of which have now been deeded to the Willow Point Association. THE CHAIRMAN: I noticed the other day that this has now been fenced off, did you know that? MR. WHITNEY: Yes. She had a fence put around her place. THE CHAIRMAN: Yes, but i% goes right down here and goes along here. MR. WHITNEY: Her property goes down to that end. THE CHAIRMAN: Yes, but the fence goes down to this point. MR. WHITNEY: That is the other peoples, but it jomns here. THE CHAIRMAN: It effectively blocks this as a possible right-of-way. MR~ WHITNEY: Well, this R.O.W. here, Mrs. Leonard purchased when she purchased the property from another individual. 0~ ~outhold Town Boa~Of Appeals -11-~ Marc~' ~0, 1975 THE CHAIRMAN: Well, as you said, the rightsvof-way have been deeded to the Willow Point Associatlon. We are not particularly concerned with this, I just thouqht I would bring up the point so that everybody understands it~ I guess it is all right with the Willow Point Assoc. that she fence it off. Because you can't drive through there, now. MR. WHITNEY: Yes. It's not a right-of-way. It never has been a right-of-way. The developer had hoped to make it such but he decided not to. THE CHAIRMAN; Presumably, he may need this when he goes to sell one of these down here. MR. WHITNEY: He doesn't own these. He is out entirely. THE CHAIRMAN: Will these people need access here? MR. WHITNEY: No. They have access from another point. But over here there are two lots after Mrs. Leonard before you come to Bay Home Road that aren't sold yet. Two lots maybe three, but they don't belong to the association. THE CHAIRMAN: They presumably ~ill get access from the road? MR.-WHITNEY: Yes. That's right. THE CHAIRMAN: Well, I don't think we are concerned with that. Is there anyone else 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 repponse.) After investigation and inspection the Board finds that the applieant is the owner of a peculiarly shaped lot. The findings of the Board are that the applicant has placed the accessory building in as good a location as possible. 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' propeties alike in the immediate vicinity of this property and in the same use district; and the variance will nb~e~en~ethe s~ir~t~ ~et~i~h~rh~dd, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was Southold Town Boa of Appeals -12- March 20, 197~ RESOLVED Virginia G. Jones, 12 H~ilton Place, Garden City, New York be GRANTED permission to construct accessory building in front yard area as applied for on property located at Willow Point Road and R.O.W. off Bay Home Road, Southold, New York, Map of Willow Point, Lot No. 26. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonls, Hulse. PUBLIC HEARING: Appeal No. 2013 - 8:30 P.M. (E.D.S.To) upon application of William Killian & wife, West Mill Road, Mattituck~ New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in partial side yard area. LOcation of property: R.O.W. S/S West Mill Road, Mattituck, New York, bounded on the north by Mattituck Holding Co., east by J.R. Holmes; south by Mattituck Holding Co.; west by Mattituck Holding Co. Fee pHid $ 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 variance and the Notice of Disapproval from the Building Inspector. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. WM. KILLIAN: Yes, I am the applicant. THE CHAIRMAN: Do you have anything to add to the application? MRS. WM. KILLIAN: No. THE CHAIRMAN: Rs I recall i~, from whe~ we inspected the property, this land all slopes sharply down here. MRS. WM. KILLIA~.: I don't think this R.O.W. could ever be used as a road. ~t would come right up to the buildings over there. THE CHAIRMAN: Well, it seems to me the~e is some question of where your front yard is and where your rear yard is. MRS. KILLIAN: The front part of the house faces Mattituck ~nlet. THE CHAIRMAN: Your legal front yard is where your house faces the street, where you have access from. You don't have access from the front, over here. ~Southold Town Boa~._ of Appeals -137 ~arch 20, 19.75 MRS. ~. KILLIAN: No. Only from the reartover the R.O.W. THE CHAIRMAN: This is too steep/ There's a big bluff here, right? MR. HULSE: On the map here, it looks as though there is a piece of property in between them and the road. ~So the area facing West Mill Road is your legal rear yard. MRS. WM. KILLIAN: Yes. That piece in there is owned by Mr. Holmes, I think he has a red barn on it. But we have no access over it. You couldn't come down this way because it is too steep. THE CHAIRMAN: Is there anyone present who wishes to oppose this application? (There was no response.) After investigation and inspection the Board finds that the applicant is the owner of a lot which presents a topographical hardship. The findings of the Board are that the partial side yard area is the best possible location for an accessory building. The Board aqrees with the reasoning of the applicant. The.Board finds that strict application of the Ordinance would produce practical difficulties or unecessary 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 William Killian & wife, Pvt. R.O.W. off West Mill Road, Mattituck, New York be GRANTED permission to construct accessory building in partial side yard area, as applied for, on property located on Private R.O.W. off West Mill Road, Mattituck, New York. Vo~ of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2014 - 8:45 P.M. (E.D.S.T.) upon application of Rudolph Bruer, Esq. a/c William Herman, 11 Levon Lane, Miller Place, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100~30 and Bulk Schedule for permission to construct One Sout~ld Town Bo ~ of Appeals -14- -~ March 20~ 1975 family dwelling with insufficient width and setbacks. Location of property; N/S Sound~View Avenue, Southold, Lot No. 5 of N. Goldin, Map ~ 1106. Fee paid $ 15. The Chairman opened the hearing by reading the leqal 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 Disapproval from the Building Inspector. q THE CHAIRMAN: This application must go to the Suffolk County Planning Commission because it is'within 500 feet of the County Road. You realize that you will not be able to get any water from here. This appli~tion would be subject to the applicant supplying water from the public water system. This is a very limited piece of property in regard to size and topography. There are several similar properties in this area. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ. Yes. I am the attorney a/c William Herman. This application is being submitted with full knowledge of the situation. The applicant realizes that there are limitations on the property, but he stillswants to do i~. He knows he is subject to a loss. The bank won't give him a mortgage on it. He is doing this all on his own. The ~nsurance will be subject to the existence of this type of dwelling on this particular THE CHAI~: This whole north shore was divided under the Goldin Map. MR. BRUER: Yes. Back in 1932. THE CHAIRMAN: What is the distance from the high water mark? MR. BRUER: It is 80 feet on one side and 85 feet on the other side. THE CHAIRMAN: Yes~ But it is only about 40 feet to the waters edge. MR. BRUER: Yes. That's correct. It is a It lot to deal with. I% is a very shallow lot. the division of the property by Mr. Goldin 2~ It is approximately 42 to ~6 feet inwidth and 80 to 85 feet in length. The io~ehind it on Goldin Lane are also of similar size. The length'of the lot has been cut down ~Y erosion Over the yearS. The applicant wishestto construc~ a summer home on the Southold Town Bos ~ of Appeals -15- M~ch 20, 1975 property. He has made application to the Health Dept. for their approva&i THE CHAIRMAN: How big of a house does he plan to build? (Mr. Bruer presented a sketch drawn by Mr. Wm. Herman, showing a proposed house 20' by 30',) THE CHAIRMAN: It has to be bigger than that. The proposed dwelling must contain at least 850 sq. ft. of living area. Unless this is a two story house. MR. BRUER: I have a more recent drawing here that shows a house of 25ft. by~35ft. This drawing was also done by Mr. Herman. This would meet the requirements. I have a letter here from the New York State Dept. of Environmental Conservation signed by Mr. Larkin, regarding this lot, saying "the request for permission for the moratorium permit hasdbeen reviewed and they determine that construction of a home 20ft. by 30ft.would have no adverse effect upon the adjacent tidal wetland. THE CHAIRMAN: Well, where did they get this 28~t~. by 30ft. figure from? MR. BRUER: Well, I don't know. I think this is what he originally applied for a while back. But if there will be any problem with them of putting up a house 25' x 3§~, we will re-apply and get permission for it, if we have to. I will find out about it. THE CHAIRMAN: Do you have to get permission to put fill on the beach? MR. BRUER: I don't know. THE CHAIRMAN: I think you will have to contact the Dept. of Environmental Conservation and find out about that. It wouldn't, be under the jurisdiction of the Town Trustees. MR. BRUER: Yes. I know it will require some fill there, as you can see from the diagram. I will check with them about this. THE CHAIRMAN: Is there anyone else 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.) ~ ~ Southold Town Boa~ of Appeals -16- ~rch 20, 1975 THE CHAIRMAN: Well, I will have to speak against it. I am of the opinion that this is an unsuitable location for a residence. It is not going to be easy for you to meet all the requirements here. I'll offer a resolution here that the Board reserve decision on this application until after notice of action is received from the Suffolk County Planning Commission. MR. BRUER: I would like to make one further statement here, if I may? Regarding the dwelling that is going to be constructed there. The owner realizes that it will be a very limited seasonal dwellihg. As the Board knows, anything like this has to be done by somebody who can afford it. Mr. He~man realizes all of this and he can afford to assume any of the financial risks. THE CHAIRMAN: We would be setting a precedent here of building on the beach. MR. BRUER: There are not that many existing situations such as this. THE CHAIRMAN: There are three of them right here. MR. BRUER: Those are further limited than this. THE CHAIRMAN: He could always buy the adjoining lot and , or put 2 or 3 lots together to build on. MR. BRUER: Yes. I know what you are saying. THE CHAIRMAN: I think we'll just leave it to the Suffolk County Planning Commission and see what they say. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RES~V~D that action be reserved on Appeal No. 2014 - Rudolph Bruer, Esq. a/c William Herman, 11 Levon Lane, Miller Place, New York for the reason that this application must be referred to the Suffolk County Planning Commission because it is within 500 ft. of the County Road (Middle Road). Vote of the.Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2015 - 9:00 P.M. (E.D.S.T.) upon application of William Wickham, Esq. a/c Athanas Zamph~off, 60 Riverside Drive, New York, N.Y. for a variance in accordance with the Zoning Ordinance, Article III , Section 100-30 and Bulk Schedule for permission to divide lot with insufficient width. Location of property~ E/S Cedar Avenue, Southold, New York, bounded on the north by Hickory Avenue; east by J. Peterson & Wife; south by Reinhardt, Forquer, Grasek; west by Cedar Avenue~ Fee paid $ 15. ~3 ~ Southold Town Boa ~ of Appeals -17-~ ~ March 20, 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 also read the appli~tion for a variance and the Notice of Disapproval from the Building Inspector, and inspected the survey which accompanied the application. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WILLIAM WICKHAM, ESQ.: Yes. I a~William Wickham, Attorney, Matt~tuck and I am here to represent Mr. Zamphiroff. I should just like to present the tax map of this area showing the lot in question and comparing it with the other lots in this area. Mr. Wickham presented the tax map to the Board. WILLIAM WICKHAM,ESQ.: This, of course, is the subdivision of Goose Bay Estates and this is the lot in question which we are asking for a division of. And with the division the lots look quite massive in comparison with the adjoining lots. Particularly the lots in the Goose Bay Estates whi~ are 20 foot lots. I would say that the average is around 80 feet. Ouk lots are well over 12-5 feet on Cedar Avenue and they are over 50,000 sq. ft. each. THE CHAIRMAN: We recently had a division of this lot (Carlson) to the immediate east of this, with a plan to run a right-of-way down here, which ~suld also be to the immediate east of th~s. Do your owners have any right-of-way over Hickory Avenue? WILLIAM WICKHAM, ESQ.: I don't think they do. I wondered whether this would be brought up and I brought a photostat of G~ose Bay Estates. ~ickory Avenue is actually part of Goose Bay Estates. We don't have any right-of-way over it. But both of these lots have frontage on Cedar Avenue. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) The findings of the Board are that the applicant is the owner of a parcel of property which is over 2 and a half acres. The proposal is to divide it into 2 lots. The proposed lots will be sonsiderably in excess of the area requirement, but will not quite meet the frontage requirement. The Board is of the ®pinion that it would be a unique hardshipto deny the division of this property. The Board finds that strict application of the Ordinance weuld produce .practical difficulties or unnecessary hardship; ~ Southold Town Boa~ of Appeals -18 .... March 20, 1.9~75 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 neighbb~hood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED William Wickham, Es~a/c Athanas Zamphiroff~ 60 Riverside Drive, New York, N.Y. be GRANTED permission to divide lot with insufficient width as-applied for on property located off east side of Cedar Avenue, Southold, NewYork. Vote of the Board: Ayes:-Messrs: Gillippie, Grigonis, Hulse. 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 Article III, Section 100-30 and Bulk Sb~edulefor 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. The Board was advised that a telephone call was received from Mrs. Strohmeyer this morning stating that she was unable to appear tonight and requesting that the hearing be postponed until the next meeting of the Board. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals postpone the public hearing on Appeal No. 2016 - Loraine Strohmeyer, Youngs Road, Orient, New York, until 8:00 P.M. on April 10, 1975o Vote of the Board: Ayes:- Messrs: Gillispie, ~rigonls, Hulse. PUBLIC HEARING: Appeal No. 2017 - 9:20 P.M. (E.D.S.T) upon application of Gary Olsen, Attorney a/c Stanley A. Chase, Park Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule and Parking Schedule for permission to divide property with insufficient area and width. Location of property: Private Road off S/S Park Avenue, Mattituck, New York, bounded on thennotth by H~nlon; east by B~d Holman; south by Peconic Bay; west by C.H~ Wickham. Fee paid $ 15. ~ Southold Town B~ ~d of Appeals -1</ March 20, 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 also read the application for a variance and the Notice of Disapproval from the Building Inspector and inspected copy of survey which accompanied application. THE CHAIRMAN: !s there anyone present who wishes to speak for this application? GARY OLSEN, ATTORNEY: Yes. My name is Gary Olsen. I am an attorney having my offices at Main Road, Mattituck, I am the attorney representing Stanley A. Chase, Park Avenue, Mattituck. As I have indicated in my application, the two parcels to be ~reated would total over 82,000 sq. ft. of area. As far as the area is concerned, parcel ~ 1 would be a little over sized and parcel ~ 2 the westerly parcel would be approximately 32,000 sq. ft. w~ich will substantially conform wi~h the Town requirements. If this application is not granted, the hardship that wou~d be created is that this property is uniquely valuable. IX is bay front property. Furthermore, the density would not be increased substantially because there would be only one additional dwelling or building lot created. The property i~mediately to the west is the air strip, ~sp=more than likely there would never be any dwelling on this parcel ~ 2. As far as t~earea surrounding the subject p~emises, the parcel immediately to the north is owned by Mr. Hanlon and that parcel is .938 acres which would be substantially the size of each of the created pieces and directly north of the Hanton parcel are two pieces which are owned by Thomas Carey. As a matter of fact I was going b~ck through some of my records the other day and I thi~k they are less. Back ~n November 19, 1972, the Board of Appeals did give permission for Mr. Carey to subdivide his ~premises into lots having 26,000 sq. ft. and another having 13,000 sq. ft. The same reasoning that applied to the Carey case should be applied to Mr. Chase. And I think that this would be an even easier one to decide in that the lots created would s~bstantially conform with the minimum town requirements. The only reason an appeal variance is needed is because of the frontage and width. THE CHAIRMAN: Is there anyone present who wishes to speak against this application ? (There was no response.) T~ CHAIRMAN: It isdan odd shaped division, but I think that the Board would have to agree that.you are not going to increase ~ensity. In fact you will have more acreage between the two lots than required. I think the Board can agree with the reasoning of the applicant and I'll offer a resolution granting this application tentatively subject to the action of .~ ~outhold Town Boa~ of Appeals -20- Ma~ch 20, 1975 the Suffolk County Planning Commission, the N.Y.S. Dept. of Environmental Control, and whatever other public agencies that might be involved. You Will have to have a Certificate~ from the N.Y.S. Dept. of Environmental Control. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED Gary Olsen, Esq. a/c Stanley Chase, Private Road off S/S Park Avenue, Mattituck, New York be GRANTED tentative approval only for permission to divide property located on R.O.W. off S/S Park Avenue, Mattituck, N.Y~ subject to action of the Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispze, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2018 9:30 P.M (E.D.S~T) upon application of Gary Olsen, Esq. a/c Sven Englund, 134-40 Hook Creek Boulevard, Rosedale, N.Y. for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118 for permission to re-instate a pre-existing use. Location of property: north side of County Road 27, Mattituck, New York, bounded on the north by M.G. Long; east by T. ~aranges & Wife; south by County Road 27; west by W. Gatz & Wife. Fee paid $ 15. The Chairman opened the hearing by reading the legal notice of hearing, affadavits arresting 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? GARY OLSEN, ESQ.: Yes. My name is Gary Olsen. I am an attorney having offices at Main Road, Mattituck, and I am here to.represent the applicant Sven Englund. As the application form has indicated we seek to re-instate a pre-existing use. This property is presently owned by Mr. K~G. Brown who zs the owner of K.G. Bo~wn Manufacturing Co. on Wickham Avenue. He bought this property back in March of 1946. I spoke to him and he indicated to me that he used the building ~nd subject premises as a machine shop for approximately 10 to 13 years, which would bring it up to around 1960 I guess. And he indicated to me that he used it for the manufacture of potato cutting machinery. He also did aluminum casting in the bui'lding and he had a forge in the building which he used in conjunction with his manufacturing operation and I understand'he also d-id some repairing of out board motors. Mr. Englund's intended use of the property is uniquely similar in that he also wishes to use the building as a machine shop. Particularly for the purpose of turning stainless steel and aluminum shafts which are used in conjunction with airplane fueling equzpment. So , Southold Town Bo~ of Appeals -21- rch 20, 1975 this is uniquely similar to what Mr. Brown was doing with the building. He-has indicated to me that his process would not create any odors which would be offensive to the surrounding neighborhood. It is zoned B-1 as are the premises on either side, as I understand. Furthermore, that there would be no noise created because there are houses on both sides. THE CHAIRMAN: This is just to use a turning lathe? MR. S~EN ENGLUND: A turning lathe and a milling machine. Gary Olsen produced one of the shafts which Mr. Englund would be making for the Board's inspection. GARY OLSEN, ESQ.: Furthermore, as I understand, this would be a limited small operation, basically a family type operation. He and his one or two sons that might be working with him. Furthermore, I feel that the application should be granted and the pre-existing use re-instated because since this building has not been used it has just become an eyesore. It is in a deteriorated state. Mr. Englund has plans to renovate it and make it attractive. I think it would be an economic asset or improvement to the surrounding neighborhood to grant this application. THE CHAIRMAN: In the absence of a sketch, let's try to create what we have here. GARY OLSEN, ESQ.: The property is small and the building takes up just about the entire area. I think this was created when the county road came through. It left the building sitting on the edge of the road. THE CHAIRMAN: The depth is greater than the width. says 82 feet here, but I think is is less than 82 feet. looks more like 62 feet. It looks as tho~hoone side is longer than the other. MR. ENGLUND: same. It It My understanding is that they would be the GARY OLSEN, ESQ.: I have a photostatic copy 6~ the deed and a survey which you can have for your file. MR. ENGLUND:~ The building is 50 feet long parallel to the street and 45 feet deep-. GARY OLSEN,ESQ.: The application states in paragraph ~ 1 the dimensions which I got from the deed. Bounded on the north by Mrs. Long 60 feet. THE CHAIRMAN: Yes. I have it here. The only one I can't read is Gatz & wife. GARY OLSEN, ESQ.: ~atz & wife is 62 feet. ~ Southold Town Bo~ of Appeals -22- March 20, 1975 THE CHAIRMAN: The westerly sideyard is only 62 feet deep. MR. ENGLUND: On that Gatz & wife, they own two pieces. One piece is 62 feet and there is about 20 feet more which is adjoining the second parcel. So really there is 82 feet on both sides. GARY OLSEN: So, the property is 80ft. by 60ft. Going back to the reasoning of the application. Not to grant this application would not be saying that the premises can't be used for anything else. This would be an ideal use for the property. It would be a small operation. It would be attractive. It would not create a nuisance for the neighbors. And it would re-instate what it had been used for before almost identically. Particularly in regard to the casting operation. THE CHAIRMAN: This type of operation is not permitted in a B-1 zone. You have to have a variance to place a light industrial use in a B-1 zone. Other difficulties that come to mind are the bulk requirements. The Suffolk County Planning Commission is very particular about off-street parking restrictions. GARY OLSEN: This would-not create any traffic problems, other %hah to Mr. Englund and his sons. All parking and deliveries would be off-street. MR. ENGLUND: Could we make the building smaller or could ~e be allowed to park inside the building? THE CHAIRMAN: Yes. You could do that. You have to provide off-street parking. Does anyone know off hand what the exact requirements would be? George do you have ~igures for this? GHORGE FISHER, BUILDING INSPECTOR: No. I don't have the exact figure with me. I could compute it though .... GARY OLSEN: There is no way that this small piece of property could meet the requirements of the present Zoning Ordinance. This is the reason for the variance. THE CHAIRMAN: (reading from the Ordinance) Under home occupations, professional offices, etc., it 15 required that you provide three (3~ parking spaces. MR. ENGLUND: There would be myself and one or two sons. We will need three parking spaces. I hope to live across the creek behind-there in Jackson's Landing~ And I hope to have a little boat and ~'ow across to work. THE CHAIRMAN: Do you have pla~s for re-vamping ~he building, or are you going to tear it down and start again? And what machines will you be using in there? MR. ENGLUND: We will re-do this building. We decided to Southold Town B~-d of Appeals -23- ~arch 20, 1975 take the whole flaH roof down and replace it~~ It would be five lathes and two milling machines. They are both quiet machines. THE CHAIRMAN: So, you wouldn't require very much space for the storage of your materials? MR. ENGLUND: No. Only one wall 20 feet long to hang a rack on. THE CHAIRMAN: And you could furnish a method for off- street delivery? MR. ENGLUND: We will pick up the materials up ourselves. This is what we do now. We go into Long Island City with our station wagon. EsHecially now, we will have to do it ourselves. We couldn't expect them to come all the way from Long Island City to Mattituck. THE CHAIRMAN: This is on the County Road and within 500 feet of the water. The County Planning Commission and the Dept. of Environmental Conservation will get involved in this. Also, the County Highway Dept. because you will need a curb cut there, too. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. MARANGES: Well, I would like some more information about it. You stated in the beginning of this hearing that this application was turned down or disapproved for some reason. Why was it disapproved? THE CHAIRMAN: No. It has not been previously turned down. This is the first time it has come before us. I think what you are referring to was the Notice of Disapproval from the Building Inspector. This is procedure. This is the reason it has come before our Board because this piece of property/cannot meet all of the requirements of the present Zoning Ordinance. This property ~as originally zoned as "C" Industrial. When the Ordinance was Changed, this pelce of property was re-zoned to B-l, General BUsiness. The Ordinance now requires that a special excppiion be applied for to have an industrial use in a B-1 district. This is one of the reasons that this is before the Boar~ of Appeals. Another ~ason is the Bulk Requirements of the Ordinance. Under the present Bulk Requirements of the Ordinance it is required that he have 30,000 sq.ft, of area in a B-t distriCt. And he, of course, cannot meet this requirement. So this is another reason this has come before the Board of Appeals. MR. MARANGES: We are very concerned how this will affect our water supply. MR. ENGLUND: Very little water will be used in this operation. About the only water we will use is to wash our hands. MRS. LONG: What about cesspools, waste disposal. I am very concerned about this. I am the property owner Southold Town Board of Appeals -24- ~ J March 20, 1975 immediately to the north. My business is renting out apartment units. This is my livelihood. We already have so many cesspools in this area. I want to know how this is going to affect the situation. MR. ENGLUND: This is going to be a very small operation. Just myself and my two sons. So we will not over-tax the water and cesspools. Actually we will use a lot less than a family residence. THE CHAIRMAN: This is a matter for the Suffolk County Board of Health. MR. MARANGES: I don't know how they will get waHer in there. That well point hasn't been used in the last 12 to 14 years. MRS. LONG: What about noise, will this be a noisy operation? THE CHAIRMAN: It states in the application that they will not make any noise. MRS. LONG: Yes. But what about if he sells the property and somebody else comes in there? Will it be restricted so that no heavy machinery could go in there? I am not really against this unless it is going to be a detriment as far as water, cesspools, or noise. Actually anything would be better than what is there now, as long as it doesn't affect our water and cesspools, or create any noise. So I want to know what will happen if this property changes hands, too? THE CHAIRMAN: The permitted use does ~tay'' with the property. If the property changes hands, the permitted use does not go with the individual, it remains with the property. We could put restrictions on it in regard to this. But at this time, I am not prepared to make all of the extensive restrictions that this will require. MR~ MARANGES: From my point of view, this is something like a step backwards. First we up-grade the Ordinance with all the new amendments and now here tonight we have variance after ~ariance. THE CHAIRMAN: Ail of the appeals we have kad here tonight pertained to different situations. This is the reason for the Board of Appeals to determine the granting of variances in accordance with the Zoning Ordinance. Existing ~roperties, buildings, dwellings, etc. cannot always meet the requirements of the present Ordinance. MRS~ MARANGES: But this building & lot is so small. THE CHAIRMAN: As I just said this is tke reason they are appealing. You know what he has here is almost a home occupation. A lot worse could go in there. Any of the uses listed in the OrdiNance under the B-1 district and any . Southold Town Boa~ of Appeals -25- ~ .~arch 20, 1.9.75 of the uses listed as permitted by special exception. Mr. Englund, are there any other available properties on which you could do your work? MR. ENGLUND: Well, there is a building over on-Sound Avenue. I think they used to make'potato chips there. I think I could rent that. But I would like to purchase this and make it attractive. As I said before, I hope to liVe in Jacksons Landing just across the creek from this. THE CHAIRMAN: Are there any other questions? (There was no response.) THE CHAIRMAN: I am going to Suggest that the Board refrain from acting one way or the other and I'll offer a resolution to send this to the Suffolk County Planning Commission. The findings of the Board are everything that has been said here. How do some of the other Board members feel about this? MR. GRIGONIS: I don't see anything re&lly bad about it. The way it is zoned now a lot worse could go in there. MR. HULSE: Well, subject to the proper controls being placed on this and this gentleman fixing up this deteriorated building, I think it would be an asset to the surrounding community and to the Town. I don't think the present owner of the property plans to improve it in any way. THE CHAIRMAN: I think that the Board would be generally favorable to this subject to the proper limitations being placed on i~ To cover the future use of the property I don't think we could actually spell out every single type of machinery. I think we could place a condition on it stating something to the following effect:"Any new machines to be installed would have to receive the approval of the Board of Appeals. So that if anyone comes in at a later date they would still have the use of the existing machines covered by this appeal, but any new machines to be used for production on this location or on these premises, will have to receive the approval of the Board of Appeals. ~ Another condition would be that this application would be subject to the approval of the Suffolk County Planning Commissiont the N.Y.S. Dept. of~Environmental Conservation, the County Highway Dept., and the Suffolk County Board of Health, and any other public agencies that might be involved. Also, that the number of employees not to exceed three and applicant must provide off-street parking for three vehicles. And t~here must be provisions for off-street deliveries and pick-ups. These are some of the restrictions which must be placed on this property. As I said before, we are not prepared, at this time, to spell out the complete list of restrictions. That will be done when we receive notice of action from the Suffolk County P~&nning Commission. So, I will now offer a resolution to reserve decision on this appeal at this time. ~ ~ ~' Southold Town Bo~ of Appeals -26- March 20, 1975 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was ~ESOLVED that action be reserved on Appeal no. 2018 - Gary Olsen a/c Sven Englund, 134-40 Hook Creek Boulevard, Rosedale, N.Y., for the reason that this application must be referred to the Suffolk County Planning Commission because it is within 500 ft.-of a county highway. Vote of the Board: Ayes: Messrs: Gillipsie, Grigonis, Hulse. There were nine (9) Sign Renewals reviewed and approved as submitted. Actions of the previous Board of Appeals meeting of February 27, 1975 were reviewed by the Board and approved subject to minor correction. The Board was presented with letter from Mattituck Lions Club, dated March 10, 1975, by Gerald B. Armstrong, Chairman of the Long Island Strawberry Festival, requesting permission to erect two signs for the advertising of the same. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold T~n Board of Appeals GRANT permission to the Mattituck Lions Club to erect two (2) signs, one on the premises of Frank Murphy's Garden Center ~nd the other opposite the Mattituck High School, for the purpose of advertising the Strawberry Festival, subject to the following conditions: That the signs shall be erected no earlier than two weeks before the date of the Festival i.e.; JUne 1, 1975, and shall be removed no later than one week thereafter. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, The secretary was instructed to refer the following appeals to the Suffolk County Planning Commission: EmanUel Tsontos - Appeal No. 1999 Norman A. Reich - Appeal No. 2009 Albert Rountree - Appeal No. 2011 William Herman - Appeal No. 2014 Southold Town Boar~ of Appeals -27~ March 20, 1975 Stanley A. Chase - Appeal No. 2017 Sven Englund - Appeal No. 2018 On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the next regular meeting o4 %he Sonthold Town Board of Appeals shall be held at 7:30 P.M. (E.D.S~T.) Thursday, April 10, 1975, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.D.S.T.) upon application of the Treasure Exchange of the Southold Historical Society, Main Road and Maple Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-63 for permission to display merchandise outdoors. Loca~i6n of proper~: S/S Main Road (Route 25), Souqhold, New York,bounded on the north by Main Road, east by right- of-way; south by L. Edson, & A. Byrne; west by other properties of the applicant~ Vote of the Board: Ayes:- Messrs: Gillipsie, Grigonis, Hulse~ On motion by Mr. Grigonis, seconded by Mr. Gil~lispie,it was RESOLVED that the Southold Town Boa:rd .of Appeals Set 8:25 P.M. (E.D.S.T) upon appi!i~ation of Philip Andrews, 275 Midwood Road & ~55 Eastwood Drive, Cutchogule,~New York~ for a variance in accordance wi%~ the Zoning grdinance, Article III, Section 1~0~0..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 Bounty Map No. 3683. Vote of the Board: Ayes:- Messrs: GilliD~e, Grigonis, Hulse. ~ --< Southold Town Bo._~ of Appeals -28- larch 20, 1R75 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:35 P.M. (E.D~S.T.) upon application of Michael T. Burke, 155 Woodcliff Drive, Mattituck, New York, for a vaiiance in accordance with the Zoning Ordinance, Article III, Section 100-33 for permission 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. Duhnowsky; east by Woodcliff Drive; south by James B. Kamins~ky; west by D.A. Buckley; & Anna Hansen. Vote of the Board: Ayes:- Messrs: Gillipsie, Grigonis, Hulse. On motion by Mr. Gillippie, seconded by Mr. Hulse, it was RESOLVED t~at the Southold Town Board of Appeals set 8:50 P.M. (E~D.S.T upon application of Chester M. Mayer, Private Road (Munn Lane), Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-3-0 C-2 & Article III, Section 100-30 & Bulk Schedule for permission to convert existing accessory buildingt~o dwelling unit with insufficient setback and insufficient area. Location of property: Private Road 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. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. On motion by Mr. Grigonis, seconded by Mr. Hulse, it~as RESOLVED that the Southold Town Board of Appeals set 9:10 P.M. (E.D.S.T.) upon application of John & Margaret Rose, Laurelwood Road & Woodside Lane, Laurel, New York, for a variance'in accordance with the Zoning Ordinance Article III, Section 100-30 & 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. Vote of the Board: Ayes:- Messrs: Gilli~pie, Grigonis, Hulse, Southold Town Board of Appeals -29-~ March 20, 1975 On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Tow~nBoard of Appeals set 9:20 P.M. (E.D.S.T.) upon application of Clinton Whitney a/c Willow Point Assoc., Inc,, Willow Point Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, C 6 (f) for permission to erect over sized on premises r~sidential 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. VO~ O~ the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. On motion by Mr. ~ulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town.Board of Appeals set 9:30 P.M. (E.D.S.T) upon application of Robert Tabasko a/c Mattituck Motel, Bay Avenue, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article II!, Section 100-30 C 6 (f) for permission to erect off ~remises directional sign. Location of property: Land of Mill-Matt Agency on S/W corner of Marline Lane and Main Road, Mattituck, New York, boun~ed on the north by Main Road, east by Frank Pumillo, south by J. Skuro, west by Marline Lane. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. On motion by Gillippie, seconded by Mr. Hutse, it was RESOLVED that the Southold Town Board of Appeals set 9:40 P.M. (E.D.'S.T.) upon application o~:~arry ~. 'Bagtlvi, Main Road, Peco~ic, NeW Yorkt for a k in accord~n~ewith '~he Zoning Ordinance, Section 100-141~ for permission to erect additional on premises sign. Location of property: Land of A. Rheinhardt, N/S Main Road, Peconic, New York, bounded on the north by Irving Newman & Another, eas't~ by Geo. Berkoski south by Main Road, west by L.A. G~eiski. ' Vote of the Board: Ayes:- ~essrs: Gillispie, Grigonis, Hulse. Southold Town Bo.~.~ of Appeals -30- ~ ch 20, 19.75 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 9:50 P.M, (E.D.S.T.) Rehearing, Amended application of Emanuel Tsontos, 26 I.V. Willets Road, West North Hills (Roslyn P.O.) New York for a special exception 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, Ro Davis, Sound Avenue, L. Yarrusso, Worthington & Others; east by J. Berdinka, J. Sinko7 L. Gloecker, F. Zaneski, W. Jackowski & Others~ and Factory Avenue; south by L.I.R.R.; west by Wa½~o & Demchuk. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. The meeting was adjourned at 10:30 P.M. Respectfully submitted, Southo~ld Town Board of Appeals Robert W. Gillispie, Jr., Chairman