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HomeMy WebLinkAboutZBA-02/27/1975U I_. I.~ N.Y. 119'71 Telephone 765-2660 APPEAL BOARD MEMBERS Robert W. Gillisple, Jr., Chairrnan Robert Bergen Charles Grigonis, >Jr. Settle Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals February 27, 1975 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, February 27, 1975, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Fred Hulse, Jr.; Serge Doyen, Jr. Also present: Mrs. Lorraine Terry, North Fork Environ- mental Council; Mr. Robert~Rinklin, The Suffolk Times; Mrs. Sherley Katz, The Long Island Traveler-Mattituck Watchman. ~lso present: Mr. Robert Ackroyd, Scoutmaster, and Scouts Hal Smith, Richard Bascomb, Dru Dillingham and~ Jeffrey Ackroyd of Mattituck for the purpose of completing their Communications Merit Badges. (Troop 39). kbsent: Mr. Robert Bergen PUBLIC HEARING: Appeal No. 1988 - 7:30 P.~4~.. (E.D.S.T.) on aPPiic.~nt's request for a variance in accordance With the Zoning ~ticle VII, Section 100-70 (B) (f) for permission to~onstruct Body Shop within 30( res Location of property: Lau~rel (D ), New York, bounded on the north by J. O'ConneI1; east by A. G~odale; south by Main Road; West by J. O~Connell. The Chairman opened the hearing by reading the legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -2- February 27, 1975 THE CHAIRMAN: The original Action of the Board of Appeals on Appeal No. 1988 granted the requested variance from the 300 foot requirement, which was set in the Ordinance in 1971. Although we acted in good faith as far as the applicant was concerned and as far as our decision was concerned, in con- sultation with our counsel, and special counsel, we are now advised by Mr. Robert W. Tasker, Town Attorney, that "In reviewing this matter again with Mr. Yakaboski who is handling the present proceeding against the Board of Appeals brought by Mr. Goodale, both Mr. Yakaboski and I are of the opinion that based upon recent court decisions, the Board of Appeals has no authority to vary the conditions set forth in the ordinance upon the approval of a special exception. In view of the foregoing, I believe that the appropriate procedure for the Board to follow is for the Board to adopt a resolution at its next meeting providing for a rehearing for a reconsidera- tion of the previous grant of variance." "Subdivision 6 of Section 267 of the Town Law provides that "upon motion initiated by any member and adopted by the unanimous vote of the members present, but not less than a majority of all of the members, the Board of Appeals shall review at a rehearing held upon notice given as upon an original hearing, any order, decision or determination of the Board not previously reviewed." This section further provides that upon such rehearing, the Board may, upon the concurring vote of all of the members then present, reverse, modify or annul its original order, decision or determination." THE CHAIRMAN: Because we are mandated to reverse our pre- vious decision, does anyone wish to make any comment at this time? PHILIP J. OFRIAS, JR., ESQ.: It is my understanding that the B~ard still would like to grant the variance and let us continue with our application but that the Board is without legal power to do so. THE CHAIRMAN: We originally thought and stilI~ t~i~k that ~his is a good location for a bodY shop, and it WaS our understanding that the Board could vary the 300 foo~ ~quire- ment. Wa'thought we could do it in the original sp.e~cial exception which was granted but then we were required to have you come in for a variance. The Town Board has been asked to review this section of the ordinance because we regard it as a procedural defect. Under the 300 foot requirement it would not be possible to have a gas station or body Shop located in most places in our town because our bUsiness zones are qenerally 200 feet deep. Presumably this will eventually be m6dified. It will have to go through a lot of hearings. Southold Town Board of Appeals -3- February 27, 1975 MR. OFRIAS: We are going ahead working with the Planning Board. THE CHAIRMAN: As far as the Board of Appeals is concerned, you will have to withdraw and start fresh or you can apply for a modification of the original special exception which laid out all the provisions required; one of which was the 300 foot requirement. Then, the Board could hear the modified~ special exception. MR. OFRIAS: As I understand it, we are only held up by the present state of the Ordinance. THE CHAIRMAN: We are sorry we caused you all this trouble. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Action of the Board of Appeals dated January 9, 1975 on Appeal No. 1988, Harvey Bagshaw, Deep Hole Drive, Mattituck, New York, be RESCINDED, without prejudice to any future applications, ~ for the reason that Counsel has determined that the Board does not have ths authority to modify the Zoning Ordinance with regard to specific conditions laid down for special exceptions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonls, Doyen. PUBLIC HEARING:~ Appeal No. 11998 -7:45 P.M. (E.D~S.T.) upon application of Theodore Stepnowsky, Bay Avenue, CutChogue, New Yo~k for a variance in accordance with the Zooming Ordinance, Article III, Section 100-32 for permission to construct antenna tower in excess of permitted height. L~cation of.property: Bay Avenue, Cutchogu~, New York, ~bounded on the north by B. Kujawski; east by Bay Avenue (SkunkklLane); south by W. Billard; west by A. Macom. Fee paid $15.0.0. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -4- February 27, 1975 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.) After investigation and inspection the Board finds that applicant requests permission to construct antenna tower in excess of permitted height on Bay Avenue (Skunk Lane), Cutchogue, New York. 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. Griqonis, seconded by Mr. Gillispie, it was RESOLVED, Theodore Stepnowsky, Bay Avenue (Skunk Lane), Cutchogue, New York be GRANTED permission to construct antenna tower, as applied for, subject to the following condition: That no portion of this tower shall exceed 55 feet in height. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2000 - 8:00 P.M. (E.D.S.T.) upon application of Claude Carlson, Gtenwood R0~d,~ C~tchogue, New YOrk for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and Section 280A Town L~w, for permission to divide lot with insufficient area and width, and for approval of access to rear lot. Location of property: N/S North Bayview Road, Southold, bounded on the north by Hart; east by Auletto, Lotterhof, Inchanpan & Others; south by North Bayview Road; west by Grasek & Zamphiroff. Fee paid $15.00. Southold Town Board of Appeals February 27, 1975 The Chairman opened the hearing by reading the application for a variance, lega~lnotice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The survey accompanying the application indicates that this lot is approximately 538 feet on the easterly dimension, and approximately the same distance on two courses on the westerly dimension, 129 feet wide, and 128 feet wide plus as it leaves North Bayview Road. It's in an area where there are a number of quarter acre lots both across the street and bordering on the east. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. CLAUDE CARLSON: I am here to speak for the application. (Mr. Robert Rinklin of the Suffolk Times asked for the square footage. The Chairman told him that the lots are about 36,000 sq. ft. each which is about 10% under -the 40,000 sq. ft. requirement. It would not be possible for this Board to deny this request because the surrounding area has smaller lots. I don't know who owned this property but at some time when they owned it the zoning increased to 40,000 sq. ft,, which is something that happens all over town.) THE CHAIRMAN: Is there anything you would like to add to what you have said in your application, Mr. Carlson? I believe the proposal is to divide a long lot and put in a new access road to the rear lot. MR. CARLSON: There is a private road which reaches the rear lot but I would rather have access from the~ front. Hickory Avenue reaches the rear lot. I believe the Association will give approval if needed but I would like to come from the front to the rear lot. THE CHAIRMAN: You will have to improve it to at least 15 feet and get the Building Inspector's approval. The topsoil will have to be removed to a width of 15' and replaced with suitable fill, such as bankrun. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -5- February 27, 1975 MR. CARLSON: If I get permission from Goose Bay Estates, I would not need to have the right of way. After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient area and width, and for approval of access to rear lot, on the north side of North Bay~iew Road, Southold. The findings of the Board are that applicant is the owner of a long, narrow lot which has a total of 72,000 sq. ft. plus. The Board finds that this is about 10% under the minimum requirement for two lots. This property is surrounded by lots which are smaller than 40,000 sq. ft.; on the easterly border some appear to be about a quarter of an acre. The proposed lots will be the largest lots in the 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. Grigonis, seconded by Mr. Gillispie, it was RESOLVED, Claude Carlson, Glenwood Road, Cutchogue, New York be GRANTED permission to divide lot with insufficient area and width and be GRANTED approval of access, as applied for, subject to the following conditions: That applicant furnish suitable right of way subject to the approval of the Building Inspector; the right of way shall be improved to a width of 15 feet bordering the westerly boundary of the lot from North Bayview Road. 2. If applicant is able to obtain access from Hickory Avenue presently owned by Goose Bay Estates the right of way noted in Condition No. 1 would not be necessary. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -7- February 27, 1975 PUBLIC HEARING: Appeal No.1997 8:15 P.M. (E.D.S.T.) upon application of Barbara A. Philipp, Pautipaug Lane, North Franklin, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule 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 & Wilmerding; ~outh by K. Peterson; west by Reservoir Road. Fee paid $15.00. The Chairman oepened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey dated September 1964 indicating that the property under discussion is part of Barbara Philipp!s property and that if this were sold to whoever owns the watch tower site, which does have access to Reservoir Road, the portion remaining to Mrs. Philipp would be 1.16 acres. We have received a number of letters and a telegram: Letter from John C. Evans dated Feb. 25, 1975 opposing for the reason that it would set a precedent. (Letter in file.) Telegram,~ Feb. 26, 1975 from Henry L. King opposing as not justified by either economic or aesthetic considerations. (~e~ram in file). Letter, Feb. 25, 1975, from Kent Rhodes objecting to the Board sanctioning 1/2 acre zoning on this part of Fishers Island. (Letter in file.) Letter, Feb. 21, 1975, from Rod Hickey stressing one acre zoning which he and his neighbors have complied with. (Letter in file.) Letter from Mr. William B. May, Jr., Feb. 21, 1975, regard- ing lot limits, downgrading, traffic; and stating that he wishes to go on record that he will buy both the tower and the .55 acre lot. (Letter in file.) Letter from Mrs. W.--B. May, Jr., also in file. THE CHAIRMAN: Where is no zoning change contrary to comments regarding this application. Zoning c~anges have to be made to the Town Board. This is a request for a Variance to enlarge the undersized piece which is landlocked, approxi- mately 1/2 acre, which is not needed by Mrs. Philipp. She would still have 1.6 acres which is more than is required. The effect of this would be to enlarge the 50' x 50' t~0{, and if this Board acted favorably, a condition would be that this would be incorporated in one lot, thus enlarging one under-sized lot. To say that an owner could'nt use the lot is incorrect. The lot Southold Town Board of Appeals -8- February 27, 1975 can be used With certain restrictions. We can't deprive a person of use of their property. THE CHAIPd~AN: Is there anyone present who wishes to speak for this application? (There was no response.) MRS. LORRAINE TERRY: How much property is involved in this sale? THE CHAIRMAN: .58 of an acre. Whoever owns this plot has 50' x 50' It's a government site for a watch tower. As nearly as I can find out it has had a checkered history but it has access to Reservoir Road and the owner could renovate it or tear it down. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. WILLIAM BRUCE MAY, JR.: I wrote to you. I am terribly concerned. I cancelled my plans to be away because I am concerned and I am grateful to be able to able to speak at this hearing. I have lived most of my life in Irvinq%on with a population of 6,500 people. We have a Zoning Ordinance and we work-hard to keep it. Our people are not paid and we get applications galore for variances. I feel we have to hold to it or we haven't got anything. I don't know how long Ordinances have been on Fishers Island. THE CHAIRMAN: Since 1957. We have a dev.~loped .community which is over 300 years old. People say ~her~'~should be strip business zoning but where did business ago? We have developed just as your cor~munfty along the Main Road. The purpose of the Board is up the pieces that are left after planners come along with beautiful plans. Some plots are 75' x 100' with two houses on them. I think one of the things that these letters have lost sight of is that these people are perfectly entitled to use a 58' x 50' piece of property. ~his one half acre can't be used by Mrs. Philipp, she can'~ build two houses. If she sells that piece I think the whole area will be in better shape. It's a little hard for us to swallow that there will be a depreciation of property. MR. MAY: The .55 acres is part of 1/2 acres which is what I have retained. Mr. Hickey is also here. He has well over an acre. I would welcome Mrs. Philipp building a house next to us. She has a bOy about the age of ours. However, I don't want another house in front of me. As to the tower, it was an artille~ spotting tower to keep Southold Town Board of Appeals -9- February 27, 1975 the Spanish Fleet from occupying our forts. The thing was put up for bids some years ago. I wanted it, I bid $2,200 for it. Another gentleman bid $2,600. As it happens, it was interesting because there were two bids of $2,600, one by Mr. Moore, Kissinger's lawyer; and another by Don Cleveland. Instead of putting the government to the expense of doin~ it all over again they flipPed a coin and Mr. Carlyle Moore won. Mr. Moore held the tower for three or four years but I subsequently learned he had sold it to Cleveland, the same gentleman who lost. I approached him and said I would like to buy it. I would have had it torn down, it's a horrible looking old thing. Hz said he would sell it for $7,000. Then he changed his mind. My offer to buy it still goes. He has the use of this:because he has a right of way over my property. There are no hard feelings. I told him if he wanted to go in with me we would split the cest of the driveway. As-far as this other property is concerned, the .55, I would be glad to buy it. If she had 1.7 acres the same as I have I Would be happy to have her as a neighbor. THE CHAIRMAN: I hope you understand our point here. A person does have a right to use a piece of property and this Board, or any other Board, can not deprive a person of that right. The thing that struck us was that if anyone is going to do anything with this tower, it would be bet~ if they had a half acre or 28,000 sq. ft. rather than 50' x 50' MR. ROD HICKEY: I have an acre and a half that adjoins Bruce's lot. THE CHAIRMAN: Would you point out on this map where you people are located. (~Lr. May and Mr. Hickey showed the location of their houses). MR. MAY: I had to take ownership of Reservoir Road which I would love to give to the Town. Every once in awhile we pass the hat and patch up the holes, and that's the way we maintain it. MR. HICKEY: I had to purchase an additional one and a half acres. I had a little house and.contemplated building another and then found out I could not have a kitchen in the small house° We bought an acre and a half from Mr. Evans. We had a house designed with a tower. I feel ~his will hurt me. It will reduce my view of Race Rock which I thought was important. I 'went to a lot of expense to Southold Town Board of Appeals -10- February 27, 1975 build the tower. I designed the house in such a way that I can't change it now. The whole house was changed so we would have a view of Race Rock. If they put a house where that watch tower is it will destroy my view. MR. MAY: The same thing applies to me. I have the spokes of the tower in my way now. THE CHAIRMAN: There is one suggestion and %~at is that we could reserve decision on this and if you are sincere about buying this property maybe this man would like to get out of it. We could give you some time to see if you can arrange it. I think we could postpone decision for sixty days. You can understand the Board's position. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals postpone decision on this application untfl the first meeting in April, April 10, 1975 at 7:30 P.M. in order to give Mr. William B. May, Jr.-an opportunity to buy the property and eliminate the problem. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1999 - 8:30 P.M. (E.D.S.T.) ~pon application of Emmanuel Tsontos, 26 I. V. Willets Ro'ad, West North Hills (Roslyn P.O.)~ New ~ork for a: spec~ial exception in accordance with the Zoning Ordinance, Artic!le V, Section 100-50, Subsection B (3) for p~rmission to ~se 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. Gloeckler, F. Zaneski, W. Jackowski & Others, and Factory Avenue;~ South by Long Island Railroad; west by Walgo & Demchuk. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -11- February 27, 1975 THE CHAIRMAN: This application is occasioned because a multiple residence project has to be approved as a special exception by the Board of Appeals, and also must have site plan approval of the Planning Board. I understand the Planning Board has about finished working on this proposal. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? CThere was no response.) THE CHAIRMAN: I believe it involves 35 apartments and it's located off of Factory Avenue. The plans are for a swimming pool with a stockade fence around the pool, recreation area, parking areas. There would be nine buildings on a tract of 7 1/2 or 8 acres. Apparently a lot of planning has been done on this already. There will be two entrances from Factory Avenue and one from Sound Avenue. THE CHAIrmAN: I think we will have to reserve decision as there is nobody pmesent to speak for the application. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals reserve decision on Appeal No. 1999, Emmanuel Tsontos, until 7:30 P.M., March 20, 1975. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2001 -8:45 P.M. (E.D~S.T.) upon application of Wickham & Lark a~c Iola Adams, Middle Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: N/SMiddle Road (CR 27), Cutchogue, New York, bounded on the north by Tuthill; east by Bates; south by Middle Road (CR 27); west by Schneider. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -12- February 27, 1975 THE CHAIRMAN: This is a variance to the Zoning Ordinance. With Mr. Wickham's permission we will delete "variance to Section 280A" as shown on the application. (Mr. Wickham agreed to the deletion). THE CHAIRMAN: The depth of the lot is on two courses, and it's 186' on the easterly dimension. There are many small lots in the area. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WILLIAM WICKHAM, ESQ., Wickham & Lark, Mattituck: I am ~ppearing for the applicant. I think the application is in Conf0~mity with the area there and I think it makes for a nice neighborhood. I doubt that there'would be any difficulty with water or sand on half acre lots. I own some property nearby and I know that the depth of the water is 50 or 60 feet, there is good sand, and there is no play in the area. The basic reason for the application is financial. Mrs. Adams would like to reduce her tax burden and would like to get some money by sale. They are not young and this would help them 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 applicant requests permission to divide lot with insufficilent widt~ and area on the north side of Middle Road (CR 27), CUtchogue, NeW York. The division of the lots would conform.with other lots in the 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. Southold Town Board of Appeals -13- February 27, 1975 On motion by Mr. Gillispie, secnnded by Mr. Grigonis, it was RESOLVED, Wickham & Lark a/c Iola Adams, Middle Road, Cutchogue, New York be GRANTED permission to divide lot with insufficient width and area located on the north side of Middle Road (CR 27), Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2002 - 9:00 P.M. (E.D.S.T.) upon application of John J. Martocci, 718 Island View Lane, Greenport, 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: E/S Bay Shore Road Extension, Greenport, New York, bounded on the north by Lutkowitz & Reibling; east by Peconic Bay; south by L. Maillet, Jr.; west by R.O.W. (Horn Est.) Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publicHtion in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) kfter investigation and inspection the Board finds that applicant requests permission to construct accessory building in front yard~area on the east side of~Bay Shore Road Extension, Greenport, New York. The findings of the Board are that there is no other place to locate this accessory building as the rear yard is literally a beach area. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -14- February 27, 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. Gillisple, seconded by Mr. Hulse, it was RESOLVED, John J. Martocci, 718 Island View Lane, Greenport, New York be GRANTED permission to construct accessory building in front yard area on the east side of Bay Shore Road Extension, Greenport, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2003 9:15 P.M. (E.D.S.T.) upon application of Ruth & Guy Sobering, Sound Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to use existing foundation for new construction with insufficient setback. Location of property: N/S Sound Avenue, Mattituck, New York, bounded on the north by Thornton Smith; east by Thornton Smith; south by Sound Avenue; west by Thornton Smith. Fee paid $15.00. The-Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. RUTH SOBERING: I am here to speak for it. THE CHAIRMAN: As I understand it the purpose of this application is to use an existing foundation to build a house. Each one of these lots will be well over 40,000 sq. ft. MRS. SOBERING: Yes, I came in to see M-r. Terry. He suggested that I sketch in on the survey so you would know how it would look. Southold Town Board of Appeals -15- February 27, 1975 THE CHAIRMAN: You are going to build a house and sell it. MRS. SOBERING: I am going to rent it. THE CHAIRMAN: Are you going to live in the farm house? MRS. SOBERING: Yes. I brought two or three different sketches and Mr. Terry said to pick one of them but I had not made any decision as to the breakdown. Mr. Smith is also selling off his land. THE CHAIRMAN: You have a piece of property that is about four acres in size and you have it broken up here in the most useable way. The question arises as to whether this should be submitted to the Planning Board. MRS. SOBERING: Mr. Terry said that when I am ready to file for a subdivision then I should go to the Planning Board but he said that if I want to build a house I should ask for a variance for the 40 foot setback instead of a 50 foot set- back. THE CHAIRMAN: If we carve this lot out it creates a legal lot and the Planning Board could not do much about what is left. As far as I know it is legal. MRS. SOBERING: The reason I did not submit it to the Planning Board is ~ecause Thornton Smith and I are negotiating. This is all wooded land. He would be willing to sell me an acre and the rest of his farmland he would give to the County if they decide to.accept his bid. All Mr. Terry told me was to present this for the building and not to worry about how it is to be broken up. It has to be on some kind of acre and before I file finally for a subdivision I will have to know how it goes. The other p~an that Mr. Young submitted to me had four lots all on the road except that it cut right through the middle of the foundation. THE CHAIRMAN: I'm wondering if it should be presented to the Planning Board before we act on it. MRS. SOBERING: I spoke to Mr. Terry, Mr. Van Tuyl and Mr. Young and they all said there would be plenty of land. THE CHAIRMAN: Actually you will have two residences on one piece of property. We are required to set off at least 80,000 sq. ft. when there are two residences. You could change the lines.. Southold Town Board of Appeals -16- February 27, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to use existing foundation for new construction with insufficient setback on the north side of Sound Avenue, Mattituck, New York. The findings of the Board are that applicant wishes to use the existing foundat~ion which one of the Building Inspectors found to be sound; and the applicant will have two residences on her 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. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Ruth & Guy Sobering, Sound Avenue, Mattituck, New York be to use existing foundation for new construction i~suf~ficient setback (the setback to be 40 feet 50 feet), -on the north side of Sound Avenue, Mattituck, New York, as applied for, subject to the following conditions: 1. A condition of granting is that applicant must adhere to the lot lines which have been set forth on the Young & Young survey, dated August 18, 1972, ~ ~.. ........... - ~'~ ~' ~ "~"u .[1, ~l ' ~ ~ ,.1. 2. This permission will establish at least 40,000 sq. ft. of area surrounding the two story frame house, and at least 40,000 sq. ft. of area surrounding the building to be constructed. Vote of t~e Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -17- February 27, 1975 PUBLIC HEARING: Appeal No. 2004 9:30 P.M. (E.H.~.T.) upon application of Harry W. Armstrong, 71 Dawn Drive, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in side yard area. Location of property: Dawn Drive, Greenport, New York, Map of Cleaves Point, Block 3, Lot No. 71. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The sketch accompanying the application indicates that this outbuilding has been placed in the side- yard in order to avoid blocking the view. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HARRY W. ARMSTRONG: This is the only logical place for the outbuilding. I don't think it's in direct violation of the code because actually we don't have a backyard. T~E CHAIRMAN: This land slopes down quite a bit. This would seem to be the most obvious location THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to locate accessory building in side yard area on Lot No. 71, Map of Cleaves Point, Dawn Drive, Greenport, New York. The findings of the Board are that this is the most logical place to locate the out- building because of a slope in the land. 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 -18- February 27, 1975 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Harry W. Armstrong, Dawn Drive, Greenport, New York, be GRANTED permission to locate accessory building in side yard area of Lot No. 71, Map of Cleaves Point, ~awn Drive, Greenport, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated January 30, 1975 be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the next meeting of the Southold Town Board of Appeals shall be heard at 7:30 P.M. (E.D.S.T.), Thursday, March 20, 1975, at the Town Office, Main Road, Southold, New York. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Grigonis, There were fourteen (14) Sign Renewals reviewed and approved as submitted. Gary Olsen, Attorney, came in for an informal discussion with the Board ~egarding Nicholas Ippolito; Stanley Chase; K. G. Brown. Southold Town Board of ApPeals -19- February 27, 1975 There were approximately 25 people present from the Cleaves Point Property Owners Association, the Baymen's Association, and persons directly concerned with property located on the East side of Gull Pond Lane, Greenport, New York, bounded ob~the north by Scott McBurney (Lot 11); ~n the east by canal (branch of Gull Pond); on the south by G. Lubrich (Lot 12); on the west by Gull Pond Lane, consist- ing of four lots, for the following public hearings on application of Reginald Hudson a/c Claire Brody and Others. THE CHAIRMAN: Ail of the testimony that is taken on the first application will also apply to the other three applications. All of these applications are approximately the same. The proposal is to divide up some filled property into approximately one half acre lots, in order for the owners to obtain some use for their property, which all Boards are pledged to defend. It was suggested that these four lots might be created with a view to using them solely for accessory residential use which is a permitted use for all of you under the present Ordinance, by special exception. In other words, the applications before us tonight will have to be further qualified by special exception. This is what has occasioned the large attendance here tonight. The proposal is to create these four lots and to covenant them by agreement filed in the County Clerk's Office that they ca~nnever be used for residential purposes. They can only be used for accessory residential use. All of you are permitted accessory residential use. The four applications are identical. I believe if you hear one of them you will have heard all of them. MR. REGTNALD HUDSON: They are all the same. The. property has been cut down to four lots instead of five lots as originally planned. r.) ~ire ~a III, use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York (southerly lot), bounded north: N 66° 01' 2 ~ ~ 0 E 1,65 +; East: 135' + on W/S Canal; South: along northerly line of Lot--12, Fordham Ac--res S 60° 54' 30" W 188' +; West: along E/S Gull Pond Lane N 68° 19' 00W 88.9" & N 43~ 00' W. 51.51'. Southold Town Board of Appeals -20- February 27, 1975 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: We went over the whole subdivision this afternoon. These lots would be larger than most other lots in the vicinity. The survey shows the proposal for all four lots. This is part of the original development. I am trying to make the whole application clear to you. talked to Counsel this afternoon and found that the applicant would have to make applications for special exceptions for the mooring of boats. It comes under uses that are permitted in a residential area by special exception. I believe that the thinking of the Board on these applications is that; No. 1 - it would be necessary to apply for a special exception to moor boats as an accessory residential use. No. 2 - it would also be necessary to obtain Board of Health approval on any sanitary facilities. No. 3 - site plan approval would have to be ob tained from the Planning Board. No. 4 - Depart- ment of Environmental Conservation approval must be obtained. Also, it would be necessary that the applicant file covenants which would further prohibit their using these lots for residential purposes now or in the future. This is some of our thinking. I am sure that all of you realize that anybody who owns property has a right to use it to the extent permitted by law. This is not to be a commercial proposition and I believe that the Board would reduce the number of boats that can be anchored here because of your pollution problems, and because these lots are under 40,000 square feet in area. The Board will probably require that no more than two boats be anchored off these lots. You can't put anything ce~~&Iin a residential area. The rest of you are permitted to have your own boats plus two others. We had an~application from Orient where a man had 18 or 20 boats and he said they were all his, and that it was not a marina. So, in order to offset the possibility of somebody buying one of these lots and mooring a half dozen boats there, we will restrict the number of boats allowed. This is some of our thinking. We are required to allow a man to use his property. We have to find a use for this land. All courts say a man should be able to use his property. What is proposed here is an accessory use. We have received a letter from Mr. Eric G. Koch, Secretary of the Cleaves Point Property Owners Association, a civic association representing about 40 homeowners and lot owners along the adjoining and neighboring Dawn Lagoon, along Gull Pond, and other lot and homeowners in the Cleaves Point area. Southold Town Board of Appeals -21- February 27, 1975 Mr. Koch pointed out that"the main objection to the granting of these variances is the fact that these lots will be occupied by boats with people living on those boats through- out the boating season. With the number of boats involved it would be in essence a small marina in a residential area. These boats would discharge all human excrements and urine deposits into t'his narrow canal, which in our opinion would constitute and create a very serious health hazard." (Letter in file). We have also received a letter from Mr. Walter Honings, Gull Pond Lane, Greenport, N. Y., stating that "one of the most important considerations you have as members of the Board of Appeals are the environment, the ecology and pollution of the waters of the Town of Southold. Gull Pond is a beautiful inlet with well cared for homes, mostly owned by retired people of which the Township of Southold, I am sure, is proud. You will be creating a 600 foot shanty town. Whether you approach by road or water the docks and storage buildings requested will be a lot more than unsightly. They will give the impression of shacks or out-houses." (Letter in file.) We have also received a letter from Mr. and Mrs. Walter Galazzi, 197 Gull Pond Lane, Greenport, N. Y. stating that they wish to register their opposition to the application for variances as submitted by Reginald Hudson a/c Claire Brody & Others. (Letter in file). THE CHAIRMAN: I will be glad to turn the floor over to anyone who wishes to speak for this application. MR. HERBERT ZIEGLER, Cleaves Point Property Owners Association: Perhaps I can save everyone some time. I am an attorney and there is no question in my mind that you made a proper statement. There is one question that occurs to me. I have not been able to ascertain whether these contracts are contracts subject to obtaining a variance or whether the property has been conveyed. MR. REGINALD HUDSON: Some people still own them. MR. ZIEGLER: Do these owners have Deeds recorded? MR. HUDSON: This was known as Fordham Acres, and they conveyed the property. MR. ZIEGLER: I am also cognizant of the fact that you can make severe restrictions. I think this thing can be amicably settled. I would like to propose that the Board take it upon themselves to restrict to one boat with livable quarters. There is a difference between that and a day sailer or an outboard. Southold Town Board of Appeals -22- February 27, 1975 THE CHAIRMAN: You are suggesting that there be no more than one boat anchored at each lot with living quarters? Then, we get into what is considered to be living quart.ers. MR. ZIEGLER: You can't live on an outboard or a day sailer without toilet facilities, which is the main problem. They have used the word "dock". This is an 80 foot ~ide channel, if a man has a 54 foot boat out there, I would suggest that they have in mind "dockage" at a bulkhead. If anyone were to construct a 40 or 50 foot dock in there... THE CHAIRMAN': No docks is what you are saying. MR. ZIEGLER: I think it should be "dockage" There would be no way of mooring. If you have a 3'Q foot boat with 12 feet of chain and a 15 foot line, there would be no room to swing. THE CHAIRMAN: This use is permitted in Residential. 100-3Q No. 9 - Boat docking facilities: for the docking, mooring or accommodation of non-commercial bOats subject to the following requirement: ,There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. MR. ZIEGLER: I am not opposed to their right to use the property. I am more concerned with 8 boats along that almost stagnant canal. It is going to cause so much pollution that you will have the same problem that they .have at Sterling Basin. Everyone is entitled to have friends but I am trying to point out that 8 boats as a permanent thing is a lot of boats. If they are owners, I am not trying to interfere with their use. THE CHAIRMAN: If we can define boats on which you can live and confine it to one livable boat on each lot you would be agreeable to that? MR. ERIC KOCH, Cleaves Point Property Owners ASsociation~ No one would object to one livable boat. We are afraid that there might be 10 to 15 boats moored there without toilet holding tanks. People will visit them, cars will be parked along the road, there will be shacks built, but our main concern is pollution. MRS. SCOTT McBURNEY, Gull Pond Lane, Greenport, N. Y.: It's already there. MR. KOCH: We don't want any more of it. Southold Town Board of Appeals -23- February 27, 1975 MR. ZIEGLER: It empties into Gull Pond. It's a much wider body of water. The Town has seeded with oysters. We are concerned with poilu%ion on Gull Pond. I don't know of any pollution in the canal but I can understand how it can develop. Whatever emPties out empties out into Gull Pond. It does'nt empty out into the Sound or the Bay. Would you mind the word "dockage"? MR. HUDSON: You could not built a dock if you wanted to because the previous owners still retain the bottom. I have no objection to the word "dockage". MR. WALTER HONINGS: There are two things that we are objecting to that we would like to see avoided. Up at the end of the channel you have a situation that we are afraid will be repeated on each of these lots.. At the far end there is one piece of property with four boats set perpendi- cular to the end. If that is done for 7.00 or 800 feet it will make a very small channel, and it looks like the devil. Also, they put up a metal gazebo. When the wind blew it down Mr. Germansky had a new one put up but he left the old one lying there. We are afraid of this sort of thing appearing for 600 feet along the road. THE CHAIRMAN: We would want something substantial that would not blow away. Most of these outbuildings that are put up will blow away unless you anchor them. MR. V. GERMANSKY: The company from whom I bought that gazebo said it would stand winds of up to 100 miles per hour° We have replaced it. I don't think anything will blow this thing down. Mr. Honings made the comment that the gazebo is still there. It is but I do want to save those panels. I would like to have the time to replace them. THE CHAIRMAN: We don't have the authority to tell you what to do with a building that fell down. MR. HONINGS: We are really trying to protect ourselves from something like this happening again. THE CHAIRMAN: How large a building do you think an outbuilding should be? MR. KOCH: That size is alright. MR. HUDSON: It's 12' x 14', or maybe 12' x 16' or 12' x 18', something along that line. Southold Town Board of Appeals -24- February 27, 1975 MRS. SCOTT McBURNEY: We are immediate neighbors. We had a situation where a man rented boats. They did not keep the place clean. That's what we are afraid of here, too. Also, if someone has a houseboat with a toilet, that concerns us. THE CHAIRMAN: Anything that they do will be subject to the Board of Health, not to us. MRS. McBURNEY: There is an odor all around my boat. MR. RALPH CROAKHILL: I am the second house in. We have had the water tested. There is no pollution. Our children swim there. I own the houseboat up there, I have a holding system. I have one friend and he has a holding system. This has been going on for ten years. There is an algae that's formed by nature and is not polluting. MR. HELMER KENT, Cleaves Point Property Owners Assoc.: We are primarily concerned with ecology. It will be up to D.E.C. to give final approval on this. There is no way of putting in a sanitary system. Unfortunately, an ordinance on holding tanks is no longer in force, it's been eliminated. If you get a half dozen boats there without holding tanks, it will create a pollution problem. MR. BOB HAMILTON, Baymen's Association: I am President of the Baymen's Association. Our Association is opposed to any mooring or any more houseboats in the area because right now Gull Pond is a good area for clams. We think people have a right to use their property but not to expand where they will create more pollution, and if someone is living on a boat they will pollute. Things get thrown overboard. MR.~VICTOR OSTLING, Cleaves Point Property Owners Assoc.: I also live on Gull Pond. I have had most of my questions answered but may I look at the map? THE CHAIRMAN: Yes, you may. MR. OSTLING: Is this four individual owners, or one owner? THE CHAIRMAN: A group owns it. MR. OSTLING: Is this property in the name of that group? THE CHAIRMAN: They want to make it four lots and sell it. At the present time it's not four lots. Southold Town Board of Appeals -25- February 27, 1975 MR. KOCH: If it were restricted to one livable boat, we would not object. MR. HONINGS: Would it be possible to put something into the approval, something to the effect that this land would be made to look presentable rather than to have a lot of trucks and cars parked there? THE CHAIRMAN: I think one of the things the Planning Board might do would be to have a driveway created, and the applicants mi~t be able to do some landscaping. MR. STEVEN GERMANSKY: With one livable boat you might preclude a family from living together. I think two boats would be satisfactory so as not to preclude a family from living together. Less than two boats could break up a family. THE CHAIRMAN: Does your family live on more than one boat? MR. GERMANSKY: It's. difficult to define. MR. KOCH: We all know that they have toilet facilities and sink facilities. MR. GERMANSKY: Many people have a sailing boat and a power boat. MRS. LORRAINE TERRY: Does D.E.C. review this after your decision? THE CHAIRMAN: It's automatic in order for them to use their property. We don't have any power over them or they over us. MR. ZIEGLER: They say they have final control but I wouldn't bet on it. MR. HARRY ARMSTRONG, Cleaves Point Property ~Owners Assoc.: Could they build a bulkhead? THE CHAIRMAN: It is their privilege. MR. OSTLING: The ground is so soft. I don't think they could do it. MR. KOCH: There could be a catwalk to a float. THE CHAIRMAN: How they get on and off is immaterial to this hearing. Southold Town Board of Appeals -26- February 27, 1975 DR. M. RAUSCH: I live on one of the boats on the end. There is no pollution. Pollution is more important to us, to ~hose of us who live on a boat, than to those who live in a house.. We seem to have the.means to limit to one boat per property, and I want to discuss these specific recommendations, but I ~don't believe pollution comes from boats. Twenty boat's that have holding tanks dc not cause pollution. I don't know if you can limit to holding tanks. However, we all.have the same aims in common~ ' We Can do it legally and morally. We can see that no boa% pollutes our Gull Pond. That Would do more than stopping more land from being used. tf that land is made pretty, that would not detract; andif boats are there that don"t-pollute, we will all have gained our aims. MR. KOCH: How could you control it? THE CHAIRMAN: I think Dr. Rausch has a wonderful idea but this is not the time to discuss it. MR. KOCH: If they~don't have bulkheads, how would they get their boats there? MR. STEVEN GERMANSKY: There is a question of navigable waters. That is a dead-end thing. The largest boat I .know of is a 42 foot boat. That can turn around in a space of 45 feet. MR. SCOTT McBURNEY: I have been there for seven years. We, would not complain if they conformed to the residential nature of their property but we would not want to see a lot of storage buildings put in there. It would deteriorate our property. If we have too many boats it would obstruct ingress and egress. MR. A. TYRRELL: I belong to the Southold Town Baymen's Association. I want to support my President. We passed a unanimous vote against anything that wo~ld interfere with life. We are concerned with the natural biological growth. THE CHAIRMAN: These people can use their property and these are accessory uses by right. MR. TYRRELL: From a Bayman's viewpoint you are taking a living away. This is a livelihood. My position is that I must support my President. Southold Town Board of Appeals -27- February 27, 1975 MR. BOB HAMILTON: We try to make sure that the ~own creeks don't become all polluted. If you can find a satis- factory solution where these people could have their boats there and their sheds, and guarantee that they would not pollute the water, we would not object. But because they are human b~ings , they will pollute the water. MR. OSTLING: I would like to answer th~ Doctor. Visiting boats come from the outside and anchor overnight. It is almost impossible to prevent that. Whether they have holding tanks or not, I don't know. THE CHAIRMAN: You might take that up with the Town Board. MR. THEODORE VAN HYNING: I do believe that all people are entitled to the use of their land and that includes present owners who have put in considerable money to purchase in a residential area. I do think some thought should be given to this. I think that the people who are already established here have some rights also. Th~s is a situation that would detract from a residential are~, especially when the lots are not subdivided lots, as I understand it. MR. HUDSON: The folks who are making application have other lots where they intend to build homes of their own. We did not realize they would have this problem. THE CHAIRMAN: The true owners have other livable property in this area? MR. HONINGS: It's on our canal directly opposite McBurney's. MR. HUDSON: So, they are interested in the character of the neighborhood as well as you folks. MR. KOCH: You could not have a boat with a 12 foot beam anchored there. They could moor another two boats on that side too. MR. RAY KLEMPNER: I have recently built on Gull ~ond. Are those lots in conjunction with Cleaves Point Association? Cleaves Point Association has inland lots. When the house sells .... THE CHAIRMAN: This is a jointly owned piece of property. MR. KLEMPNER: Is this the same thing? Is this used in conjunction and thought of as in con]unction? I thought from the discussion that these people are vitally interested because they do have residential property in the area. It is not adjacent but like Cleaves Point is a tie-in so it ca~nbe sold separately later on. Southold Town Board of Appeals -28- February 27, 1975 MR. HONINGS: The purpose of making this is ~so it can be used by other people. They can sell it to anyone they want. MR. ZIEGLER: I would ~ake the word "dock" out and say "mooring in front of and adjacent to property" if the Board deems it fair and just particularly in view of the Town's own interest. They own the land under the water. MR. HUDSON: When I spoke tc one of the previous owners he mentioned that they retain the right. MR. ZIEGLER: I am not talking about the canal. I am talking about Gull Pond; Gull Pond is owned by the Town of Southold. I certainly don't think you would want to go beyond two boats. Property is frequently sold, and rapidly, so while these people may be good neighbors, we don't know about future owners. I don't want to give the impression that I don't agree that they have their right to use this property but because of other factors I would hope that the Board would put restrictions on it. If the restrictions are fair and equitable, we are not going to complain. MR. STEVEN GERMANSKY: The Army Corps of Engineers will not allow a channel to be blocked. Therefore, I don't think the change of words matters. THE CHAIRMAN: I think we will have to follow Mr. Ziegler's suggestion. I believe everyone has had the opportunity to be heard "for and against" this application. The Board of Appeals designated, for purposes of clarifi- cation, that the southerly lot (Appeal No. 1954) shall be known as LOT "A"; the south center lot ~Appeal No. 2005) shall be known as LOT "B"; the north center lot (Appeal No. 200~) shall be known as LOT "C"; the northerly lot (Appeal No. 2007) shall be known as LOT "D"; all as shown on Van T~yl survey dated January 15, 1970. dock and storage building with insufficient width and ~rea on ea-st side of Gull Pond Lane, Gr~ehport, ~New York. the Board are that applicant is the owner of Lot "A on Van Tuyl's survey of January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision; and that the Board~ of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property ~°r the most reasonable use under the Zoning Ordinance which, in this case~ is accessory use to the ordinary residential use. Southold Town Board of Appeals -29- February 27, 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. Doyen, seconded by Mr. Hulse, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "A" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use a special exception shall be applied for from the Board of Appeals. 3. Site plan approval shall be obtained from the Planning Board. 4. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the BOard: Ayes:- Messrs: Gitlispie, Grigonls, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2005 9:55 P.M. (E.D.S.T.) upon application of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B 9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area, Location of property: E/S Gull Pond Lane, Greenport, NeW York,(south center lot), bounded North: N 660 .01' 20" E 170' ~; East 140' + west side Canal; South: S 66© 01' 20" West 165' + West: N 68~ 19' 00" W 140' + along east side Gull Pond Lane. Fee paid $15.00. Southold Town Board of Appeals -30- February 27, 1975 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. (Ail testimony taken in the previous hearing concerning LOT "A" (Appeal No. 1954) also applies to this hearing concerning LOT "B" (Appeal No. 2005). LOT B - After investigation and inspection the Board finds that applTcant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of Lot "B, as shown on Van Tuyl's survey of January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision; and that the Board of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to psrmit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, issaccessory use to the ordinary residential use. 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 %his 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 RESOLVED, Reginald Hudson a/c Claire Brody & Others~ 136 Front Street, Greenport, New York.be GRANTED permission to set aside LOT "B" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use, a special exception shall be applied for from the Board of Appeals. Southold Town Board of Appeals -31- February 27, 1975 Site plan approval shall be obtained from the Planning Board. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. e That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2006 - 10:05 P~M. (E.D.S.T.) upon application of Reginald Hudson a/c Claire Bro'dy & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York, (.north center lot), bounded on the North: N 66° 01' 20" E 170' +; East 140! + along W/S Canal; S. 66° 01' 20" W. 170' +; West N 68° 19' 0W" W. 91.24' and N 61° 29' 10W 48.76' along--east side Gull Pond Lane. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits atteSting to its publication in the official newspapers, and notice to the applicant. (Ail testimony taken in the previous hearings concerning LOT "A" (Appeal No. 1954) and LOT "B" (Appeal No. 2005) also applies to this hearing concerning LOT "C" (Appeal No. 2006). LOT C - After investigation and inspection ~he Bo~d finds that app~cant requests permission to use lot for m~oring ~ock and s~o~age building with insufficient width and alrea.on ~he~.east side of Gull~Pond~Lane, Greenport, NewYork. The findings of the Board are that applicant is the owner of LOT '!C"~as shown on Van Tuyl's survey dated January 15, 1970 and~ that this lot is substantially in excess, or equal in size to other lots in the subdivision; and that the Board of Health and Planning Board have indicated that this lot is not sUitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, is accessory use to the ordinary residential use. Southold Town Board of Appeals -32- February 27, 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. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "C" as applied for in accordance with applicant's metes and bounds as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property.for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. That before 'the applicant may be permitted dockage and mooring privileges for small boats as an accessory use a special exception shall be applied for from the Board of Appeals. 3. -Site plan approval shall be obtained from the Planning Board. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2007 - 10:15 P.M. (E.D.S.T.) upon application of Reginald Hudson a/c Claire BBrody & Others, 136 Front Street, Greenport, New York for a variance ~n accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storage building with insufficient width and area. Location of property: E/S Gull pond Lane, Greenport, New York (northerly lot), bounded North: Lot tl, Map of Fordham Acres N. 66° 01' 20" E. 165' +; East: 140' + on west side Canal; South: 66° 01' 20" W. ~70' + ; West 71° 29' 10" W 140! ~ on East side Gull Pond Lane. Fee ~aid $15.00. Southold Town Board of Appeals -33- February 27, 1975 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. (Ail testimony taken in the previous hearings concerning LOT "A'! (Appeal No. 19.54), LOT "B" (Appeal No. 2005); LOT "C" (Appeal No. 2006) also applies to this hearing concerning LOT "D" (Appeal No. 2007). LOT D - After investigation and inspection the Board finds that app-~-~cant requests permission to use lot for mooring dock and storage building with insufficient width and area on the east side of Gull Pond Lane, Greenport, New York. The findings of the Board are that applicant is the owner of LOT ,D" as shown on Van Tuyl's survey dated January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision, and that the Board of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant ~o permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, is accessory use to the ordinary residential use. 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,Doyen, it was RESOLVED, Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York be GRANTED permission to set aside LOT "D" as applied for in accordance with applicant's metes and boundes as described in the survey referred to above (survey of Van Tuyl dated January 15, 1970), subject to the following conditions: Covenanted agreements restricting or prohibiting this property for residential use, without prior approval of the Board of Appeals, shall be filed in the County Clerk's Office. That before the applicant may be permitted dockage and mooring privileges for small boats as an accessory use, a special .exception shall be applied for from the Board of Appeals. Southold Town Board of Appeals -34- February 27, 1975 Site plan approval sha.ll he obtained from the Planning Board. Any sanitary facilities installed on this property shall be subject to the approval of the Board of Health. Sm Tkat this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -35- February 27, 1975 PUBLIC HEARING: Appeal No. 2008 - 10:25 P.M. (E.D.S,T.) upon application of Wickham & Lark a/c George Burrell, 1323 Ditmas Avenue, Brooklyn, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule & Section 280A Town Law for permission to divide lot with insufficient width, and for approval of access. Location of property: R.O.W. N/S Manhanset Avenue, Greenport, New York, bounded on the north by Regens Inter- national Corporation; east by Gull Pond; south by H. Raynor; west by W. Pell III. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the offiCial newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating the unusual shape of these lots, both of which are one acre in size. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WILLIAM WICKHAM, Attorney: I am here to speak for it. Incidentally, Mr. and Mrs. Burrell came out from New York for the hearing. The Board of Appeals first came into this in May of 1972 when you granted an access to Raynor through a private right of way off Manhanset Avenue. This is the sketch which was presented at that time. Mr. Raynor had the property surveyed and had it set out in a subdivision for three plots with access going through the property he was retaining, through M. Tuthill. We entered into negotiations with Mr. Raynor in the latter part of 1973 with the idea that these two lots were adaptable for building separately. Mr. Burrell, as stated in the petition, went for approval to the DePartment of.Environmental Conservation; title was taken in December of 1973. The Burrell's negotiated to sell the lot next to Mr. Raynor and completed that title. Mr. Terry, when he found the Deed, said it was an illegal transaction and we had to have access and approval of frontage so we made application on that basis. The survey does provide for access. You granted access up to here (indicating survey)... Mr. and Mrs. Burrell secured access khrough this lot and are willing to have a wider access along this lot here. As you can see, the lots are fully adequate as far as acreage is concerned. They have fine frontage on Gull Pond. We feel that the contour of the lots is such that they are adequate for building purposes, and make a fine group. As far as the surrounding area is concerned, they are much larger than the others here. Southold Town Board of Appeals -36- February 27, 1975 THE CHAIRMAN: It looks like a reasonable application. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient width and for approval of access on R.O.W. north side Manhanse% Avenue, Greenport, New York. The findings of the Board are that a right of way is approved up to applicant's property and the Board is now approving access across one lot. The Board finds that these lots will be larger than many in the 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 Mr. Grigonis, it was RESOLVED, Wickham & Lark a/c George Burrell, 1323 Ditmas Avenue, Brooklyn, N. Y. be GRANTED permission to divide lot with insufficient width; and to improve right of way to the extent of removing the topsoil to a width of 15 feet and having suitable fill placed where the topsoil wa~ removed so as to make it passable for emergency vehicles~©~W subject to the approval o~ the Building Inspector. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. The Secretary.was directed to write a 'letter to Mr. Alan A. Cardinale re. Appeal No. 1914, Adeli~e Cardinale, to the effect that the Board of Appeals has b~en n~o~ified by t~e Planning Board that they hav'e approved the site plan of "Cardinale". The subdivision map in question is by Y~ung & Young, 974-819, dated November 19, 1974. Southold Town Board of Appeals -37- February 27, 1975 On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T.) March 20, 1975, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Inland Homes, Inc. a/c Norman A. Reich, 62 Robinson Avenue, East Patchogue, ~. 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 private road. Location of property: 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 Rd. 912 Cedar Birch Road); south by E. King; west by D. M. Brawner & Wf. Vote of the Board: Ayes:- Messrs: Gillispie, Gr±gonls, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:55 P.M. (E.D.S.T.), March 20, 1975, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Thomas E. Conrad & Wf~ 7020 North Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, for permission to construct attached garage with ~nsufficient setback. Location of property: S/S North Bayview Road, Southold, Map of Leeward Acres, south half of Lot ~'s 11 and 12. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:05 P.M. (E.D.~S~T.), March 20, 1975, at the ToWn o~fice, Main Road, Southold, New York, as the time and place of hearing upon application of Chester Orlowski a/c Roun~ree, 235 Pequash 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.,-Matti- tuck, New York, bounded on the north by PriVate Road; east by D. F. Shaw; south by Howard's Branch of Mattituck Creek; west by G. W. Argentier~. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -38- February 27, 1975 On motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.D.S.T.), March 20, 1975, at the Town Office, Main Road, Sou~hold, New York, as the time and place of hearing upon application of Virginia G. Jones, 12 Hamilton Place, Garden City, N. Y. 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. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonls, Hulse, Doyen. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.D.S.T.), March 20, 1975, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of William Killian & Wf, West Hill 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, bounded on the north by Mattituck Holding Co~; east by J. R. Holmes; south by Mattituck Holding Co.; west by Mattituck Holding Co. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Grigonis, On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board~of Appeals set 8:45 P.M. (E.D~S~T.), MarCh 20,'i 1975, at the T0wn' o~ffice, Main Road, S6u~hold, New York as the time and Place'of hearing upon applicati0n of Rudolph H. Bruer, Esq. a~¢.William ~erman, 1t Levon Lane, Miller Place, N. Y. for a variance in accordance' with the Zoning Ordinance, Article III, Sec~ion 100-30 and Bulk Schedule for permission to construct ~ne family dwelling with insufficient width and setbacks. Location of property: N/S Sound View Avenue, Sou%ho. ld,~ Lot No. 5 of N. Goldin, Map ~1106. Vote of the Board: Ayes:- Messrs: ~il!ispie,~Grigonis~ Southold Town Board of Appeals -39- February 27, 1975 On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED tha~ the Southold Town Board of Appeals set 9:00 P.M. (E.D.S.T.) March 20, 1975, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of William Wickham, Esq. a/C Athanas Zamphiroff, 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 & Wf.; south by Reinhardt, Forquer, Graseck; west by Cedar Avenue. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. On motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 9:10 P.M. (E.D.S.T.) ~ March 20, 1975, at the Town Office, Main Road, Southold, New York, as the time and place of hearing 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 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 Co Brown; south by E. F. Caufield; west by Youngs Road. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the SouthOld Town Board of Appeals set 9:20 P.M. (E.D.S.T.) upon application of Gary Olsen, Esq. 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 and Parking Schedule for permission to divide property with insufficient area and width. Location of property: Park Avenue, Ma~tituck, New York, bounded on the north by Hanlon - Park Avsnue; east by Bud Holman; south by Peconic Bay; west by C. H. Wickhamy Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -40- February 27, 1975 On motion by Mr. Gillispie, seconded by Mr. Hutse, it was RESOLVED that the Southold Town Board of Appeals set 9:30 P.M. (E.D.S.T.), March 20, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing 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 reinstate a pre-existing use. Location of property: North side of County Road 27, Mattituck, bounded on the north by M. G. Long; east b~y T. Maranges & Wf.; south by County Road 27; west by W. Gatz & Wf. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. The meeting was adjourned at 12:15 A.M. Respectfully submitted, PROVE . ,'/ ~~~~//. .] Marjorie McDermott, Secretary R. W. Gillispie, Jr., Chairman