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HomeMy WebLinkAboutZBA-01/09/1975SoutholdTownBoa o£APPeals SOUTHOLD, L. I., N.Y. 11971 Telephone 765-~660 APPEAL BOARD MEMBERS Robert '~/. Gillispi¢, Jr., Chairman Robert Bergen Charles Grieoni% Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals January 9, 1975 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, January 9, 1975, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr. (7:45); Serge Doyen, Jr. Also present: Mr. Bob Winkler'of the Suffolk Times, and a representative for the Long Island Traveler-Mattituck Watchman. A motion was regularly made, seconded and passed un- animously to. send the following letter of sympathy and appreciation to Mrs. Ruth Rosenberg: "Please accept the sympathy of the Board of Appeals at this time. Herb's knowledge and wide experience contributed more to the successful innovation of zoning and planning in the Town of SouthOld than that of any other individual. We will miss a dedicated and helpful friend." Sincerely with sympathy /s/ Robert W. Gillispie, Jr. Chairman So~thold Town Board of Appeals -2- January 9, 1975 Mr. Howard Terry submitted the following letter for release to the Suffolk Times and the Long Island Traveler- Mattituck Watchman, either as a Letter to the Editor or a special printed item: "Once in awhile a very talented person chooses our Town to call "home" and unselfishly makes his talents available for the good and betterment of all of our citizens. Such a person was Herbert Rosenberg; an extremely talented and respected member of his profession and a sincere, conscientious resident of the community. Pew, outside of his family and those with whom~ he worked, knew of the time and talent qiven so freely to our ToWn. His passing is a great loss to us who have had the pleasure and benefit of working with him and a loss of a great talent to all the people of our Town. We wish to appreciatatively acknowledge his efforts for the betterment of our community and for his steadfast beliefs in what was just and right for all." Sincerely, Albert M. Martocchia, Supervisor Robert W.. Gitlisple, Jr., Chairman, Board of Appeals John Wickham, Chairman, Planning Board Howard Terry, Building Depart~n~ent Decision of the Southold Town Board of Appeals on Appeal No. 1'982, SUzan~e S. Coleman, Montauk! Avenue, ~ishers Island, New York. A public hear~ing was held at-8:30 p~M., December 19, 1974 at which time the Board postponed decision until 7:30 P.M., January 9, 1975, for additional information con- cerning the'height of fence and setbacks from property line. THE CHAIRMAN: We now have the information that. the fence is 6 ~feet high and is set back from the ~proper~y line 16 feet. The fence is 145 feet long.. There is business use across the street. The purpose of this application is to obtain additional privacy as there is quite a bit of traffic in the summer time. Southold Town Board of Appeals -3- January 9, 1975 THE CHAIRMAN: The proposed accessory building is 65 feet back from the fence, 81 feet back from the property line, 25 feet from the east side property line, and is 12' x 12' square. MR. ROBERT BERGEN: Is it a back yard or a front yard? MR. SERGE DOYEN: Legally, it's a front yard. Their actual front yard would be on the water. It's rather a unique situation. The Bay comes in and makes a corner there; no one else has that problem at all. After investigation and inspection the Board finds that applicant requests permission to build accessory building in front yard area and maintain front yard fence over 4 feet in height on the north side of Montauk Avenue, Fishers Island, New York. The findings of the Board are that applicant's premises are in a residential area adjacent to a business area which is across the street from~the subject premises. The Board finds that the fence is needed for privacy. 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'. Bergen, it was RESOLVED, Suzanne S. Coleman, Montauk Avenue, Fishers Island, New York, be GRANTED permission to build accessory building in front yard area and maintain front yard fence over 4 feet in height on the north side of Montauk Avenue, Fishers Island, New York, as applied for; the fence to be no higher than 6 feet. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 1988 Harvey Bagshaw, Deep Hole Drive, Mattituck, New York - 7:45 P.M. (E.S.T.), upon application of Harvey Bagshaw, Deep Bole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) (f) for permission to construct Body Shop on property which may not b~ 300 feet from a residential zone on the Bray Avenue side of the street. Location of property: N/S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. Fee paid $15.00. Sou%hold Town Board of Appeals -4- January 9, 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. THE CHAIRMAN: Is there anybody present who wishes to speak for this application? PHILIP J. OFRIAS, JR., ESQ.: Subsequent to the submission of this application the zoning map was examined and it would appear that very little property zoned "Business" is located more than 300 feet from a Residential zone'and because of the fact that "B-l" zoning is parallel to the roadways there is less than 10% of properties that are not within 300 feet of a Residential area. Directly across the street from the subject property is industrial property. The residential property, in question, is directly across from the street which is located to our west, which is industrial property. They sold old moving equipment and tractors there. Also, that residential parcel across the street has industrial use to the north. To the east across Bray Avenue is a gas station and to the west of residential property is an insurance and real estate office. The residential property sticks out in a neck. We had to come to the Board of Appeals for a special exception. At that time we wore unaware that we should also have a variance. We are now back for the variance for 300 feet. I would indicate, also, that from property line to property line it is not 300 feet but from the proposed building to the nearest dwelling it would be more than 300 feet between buildings. MR. ~L~RVEY BAGSHAW: I would like to make clear that all ~unctions of this garage will be on the north side. There will be no access on the south side. No work will be performed in the front of the building at all. THE CHAIRMAN: Do you propose to bring any~hin~ into the building from an entrance alongside of the building? MR. BAGSHAW: I was planning on a small sido entrance but the majority of everything done will bei~n the back, the north side. MR. OFRIAS: The main doors are to the rear. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) Southold Town Board of Appeals -5- January 9, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. MARTY TEKIEN: I am directly across the street from the property where the ~ody Shop is supposed to be. From what I have heard a Body Shop is not supposed to be built any less than 300 feet from a residential place. We seem to try and break all that. THE CHAIRPLAN: One of the difficulties of ~inding a location ifor a Body Shop is that zoning is rather shallow. If you ha~e to have 300 feet from a residential zone, it is almost impossible to find a location. The Board feels that the two streets act as a buffer between the residential zone. Also, there is a gas station across the street. ~R. pETER WARREN: I was against it from the beginning on the b~sis of square footage; I mean in reference to the residential area across the street. It is a small piece of property for a Body Shop. There is industrial'property that has not been built on on the North Road. THE C~AIP~4AN: That may be but this is the property under discussion. We have quite a few undersized parcels in the Town of Southold and they can't be eliminated from consideration or use because they are undersized. MR. WA/~REN: Years ago there used to be a stake or tag notifying people of a change. I look in the newspapers but there-are ~ery few people who take the time or who know What is going on. They should be notified. A~tthe first meeting there would have-been a lot.more people on hand if they knew what was going on. There has got to be a better way of notification than the newspapers. I am still against a Body Shop on that undersized piece of property so close to a residential area. MR. ROBERT BERGEN: We have discussed notifying all adjacent land owners and we found that it would cost the Town too much money. MR. WARREN: How much would it cost to put a stake in the ground? Southold Town Board of Appeals -6- January 9, 1975 THE CHAIRMAN: We checked on a piece of property in Orient. There were 49 people involved. It would not have been possible to notify all of them, four of them were out of the country. Notification is a Town Board matter. The system we are using is legal in the State of New York. MR. WARREN: I hate to see from Laurel to Southold become another Centerreach or Selden. There is no way you can police these places as far as keeping them neat. MR. BERGEN: We are fighting it all the time. MR. WARREN: A lot more people were here at the first meeting. Andy Goodale was in Florida at the time. There are people who do not want that Body Shop on that piece of property. THE CHAIRMAN: I am sure you know that a zoning hearing is not a popularity contest. MRS. MARJORIE Gionet: I am not aware of all the technicalities. MR. TEKIEN: Perhaps the zoning laws should be adhered to. THE CHAIRMAN: If all zoning laws were adhered to you would not need a Board of Appeals. MRS. GIONET: They were thought out ahead of time. MR. BERGEN: Every time there is a piece, of "A" zone which is residential, there has to be an end somewhere. That's why people have to come to us. Each case is different. MR. JOSEPH ZANESKI: I was wondering if any work will take place after regular working hours. MR. BAGS~AW: If you are talking about noise~ the work will be performed inside the ~uilding. The structure has 10" thickness on the walls. I am not planning on having a night shift. I doubt whether anyone, will be bothered across the street. There should not be any more noise than the gas station makes and the gas station is sometimes open until 9:00 P.M. THE CHAIRMAN: Does anyone else wish to speak against this application? Southold Town Board of Appeals -7- January 9, 1975 MR. ANDREW GOODALE: I am an adjoining owner. I appear here, without any waiver of notice, by the mere posting of this in the newspapers. I would like to leave a copy of a latter from Evelyn Olse~, who is an original owner; and a letter from William Brock who, because of illness, could not appear tonight. May I add that this matter, on a previous appeal, is before the Supreme Court. I take exception to everything that has been said in favor of this appeal on the grounds that strict application would not cause unnecessary hardship. It has been alleged at this time that property is industrial to the west. Permitting a variance in order to include this kind of operation does not do justice and is not in conformity with the zoning laws, namely, "within 300 feet of a residential district". The implication that there is no other place in Town where a Body Shop can be located is disputed. The reference to the fact that there is a gas station across the street is not justifiable grounds as the gas station was there prior to zoning. I would hope the Board would study very carefully the downgrading of the area. The operation of dismantling and reconstructing cars and trucks, engaging in different kinds of body assemblies, storage of cars in a wrecked condition, is not compatible with a residential area. I believe it would diminish property values. THE CHAIRMAN: Is there anyone else who wishes to speak against this application? (There was no response.) The Chairman read the following letters which were sub- mitted by Mr. Goodale: January 9, 1975 To: Southold Town Board of Zoning Appeals: "I, Evelyn Olsen, owner and resident on Bray Avenue, Laurel and engaged in Real Estate sales in an office on property owned by me on the south side of Main Road, immediately West of Bray Avenue do hereby ~egister my objection to the application for an auto body shop to be located on the north side of Main Road, Laurel, Mattituck Post Office, New York." /s/ Evelyn C. Olsen Southold Town Board of Appeals -8- January 9, 1975 January 8, 1975 "I, William T. Brock, residing on Albo Drive (off Bray Avenue), Laurel, do hereby register an objection to any approval of an auto body shop to be located on the north side of Rte 25 opposite Bray Avenue, Laurel. (Mattituck Post Office). /s/ William T. Brock As Owner of Rea&lProperty THE CHAIRMAN: Does Counsel for Mr. Bagshaw wish to make a reply? MR. OFRIAS: I would object to the letters. If the people are not here to give their own testimony I would just as soon they were s~ricken from the record. It is hard to reply to Mr. Goodale I don't really know how to reply. THE CHAIRMAN: I believe Mr. Goodale is appealing the original special exception. If his appeal is upheld this hearing will not matter. If no one else wishes to speak for or against this application, I will declare this hearing closed. After investigation and inspection the Board finds that a~P~lica~t requests permission to construct Body Shop on pr~r~y which may not be 300 feet from a residential zone o~!!th~ Bray Avenue side of the street. Location of property: no~h side Main Road, Laurel (Dist. 11), New York. The f~h~ings of the Board are that applicant's parcel is asslfmed . ~B-1 and ls surrounded by lndustr~'al and buszness properties 'J~th a gas station located across the street. The Bo~a~ ~feels ~hat this is a favorable use of the property and~ finds that there are ma~y "B-l" zoned properties which are lo~ated within 300 feet of a residential district. 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 -9- January 9, 1975 On motion by Mr. Gillispie, seconded by Mr.. Bergen, it was RESOLVED, Harvey Bqgshaw, Deep Hole Drive, Matt£tuck, New York, be GRANTED permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street (Location of property: N/S Main Road, Laurel (Dist. 11), New York), as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1989 - 8:15 P.M. (E.S.T.), upon application of Angelo Petrucci, Bay Avenue (Skunk Lane), Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) and 100-32 for permission to construct private garage in front yard area of the lot. Location of property: S/S of Bay Avenue (Skunk Lane), bounded on the north.by Bay Avenue (Skunk Lane); east by other land of applicant; south by Broadwater Cove/Graham; west by other land of applicant. 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 applicant has two lots on Bay Avenue, one of which is 144'+ and the other is 136.32-'. The depth of the lots is 210+ and 230'+, respectively. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHkIRMAN: Is there anyone present who wishes to speak ~gainst this application? NANCY GRAHAM: I own property across the street. I would be facing where this garage would be built. THE CHAIRMAN: You have the fence? MRS. GRAHAM: Yes, on the south side. MR. ALAN NORDLINGER: I am a property owner immediately across Skunk Lane to the marina opposite. I don't believe Mrs. Graham is opposite. Southold Town Board of Appeals -10- January 9, 1975 MRS. GRAHAM: I am across the water. THE CHAIRF~N: We told Mr. Petrucci ~that he would not have to come to the hearing because what he is asking for is something we can not grant. So, he is not here to speak for it. MR. NORDLINGER: I wish to speak against it. I own the property immediately across Bay Avenue from the area where this garage would be built. (The Chairman showed sketch to Mrs. Graham and Mr. Nordlinger). MR. NORDLINGER: The application disturbs me for a couple of reasons. In the first place, as I read the file earlier today, it seemed to me that this was an application for an accesslory building without having a principal building because he speaks vagu&ly about having a house at some future date. He wants to put the garage 20 feet from the~road. I would say that this might be the only property on the whole length of Bay Avenue that would have a garage in the front. THE CHAIRMAN: There may be one at the corner. MR. NORDLINGER: He proposes to set this building up broadside to the road facing me. It seems it will look like a commercial building and I am afraid it will be an eyesore. I would be inclined to worry that no house will be built. I don't understand "I wish to build a private garage to s~ore material and squipment for a new dwelling on this lot". Suppose he winds up with a garage for commercial use for the marina and no house? THE CHAIRMAN: The accessory building would have to be located at least 50 feet from the property line, 15 feet to the sideyard, and then he could add a house to it but he would never get a Certificate of Occupancy for a personal residence if it remained a garage. MR. BERGEN: Could we not limit the length of time until he puts the house up. THE CHAIRMAN: You can impose all sorts sof conditions if you are granting a variance but khis application will have to be denied. MR. GRIGONIS: I would be against it. He'has a lot of plans in his head but there is nothing on paper. Southold Town Board of Appeals -11- January 9, 1975 THE CHAIRMAN: He would have to locate the garage so it could be attached to the main structure. A garage is supposed to be in the rear yard area unless it's attached to a house. MR. BERGEN: He could have it 3 feet from the line in the rear yard. He has lots that face the water and he considers that his front yard but actually it's the rear yard. MRS. GRAHAM: Occasionally I take rides with real estate agents and I have been led to believe that Angelo wants to sell his boat basin. So, these properties are for sale. I do know that clients have been shown these properties on the basis that they could have a marina there. I am right there and have residential property. I have gone to Angelo and asked what is going on, and he says "No - No". After telling me that he is only going to prepare a bulkhead across the road when he is putting bulkheading across the wetlands and across this exact.property (I understand that he does have permission), I have a v~ uneasy feeling that this is somehow tied in to the other where he is trying to tell a potential buyer that this can be commercial and that he can put other boats there. I am concerned because I am directly facing all that. THE CHAIRMAN: The marina operation he has is a pre- existing use. MRS. GRAHAM: I don't think he understands that. I hesitated about coming down because of that. THE CHAIRMAN: We have tried to convey to Mr. Petrucci the meaning of the zoning law, and I think you would not have to worry about that becoming a commercial marina. MR. NORDLINGER: When he talked about the garage facing the marina, it seemed to me that he was building a nice little storage place to run the marina, which is why I looked at the file for an indication of when this house was going to be built. THE CHAIRMAN: He did not seem to know how big the garage would be. MR. BERGEN: We have nothing concrete, no~hing in writing from Mr. Pe%rucci. Southold Town Board of Appeals -12- January 9, 1975 (The Chairman read letter from Local Tidal Wetland Permit Administrator, Department of Environmental Control, addressed to Mr. Petrucci, approving his petition). THE CHAIRMAN: Does anyone else wish to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct private garage in the front yard area of the lot located on the south side of Bay Avenue (Skunk Lane), Cutchogue, New York. The findings of the Board are that the proposed garage is located inappropriately in the front yard area. A garage must be located in the rear yard area unless it is attached to a house. The Board finds that applicant's plans for a house to be built in the future are not definite. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Angelo Petrucci, Bay Avenue (Skunk Lane), Cutchogue, New York, be DENIED permission to construct private garage in front yard area of the lot located on the south side of Bay Avenue (Skunk Lane), as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1990 8:30 P.M. (E.S~T.), upon application of Valentine Ruch IV, Ruch Lans, S~u%h~ld, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and Section 100-12, for permission to construct drain sump which will reduce width of Lots 2 and 3. Location of property: Lots 2 and 3, Map of Shorecrest, south side CR 27, Southold, New York. Fee paid $15.00. Southold Town Board of Appeals -13- January 9, 1975 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to is publication in the official newspapers, and notice to the applicant. MR. ROBERT BERGEN: As I understand it this development consists mostly of half acre lots but this application would reduce the road frontage. THE CHAIRMAN: However, it will not increase the density. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RENSSELAER G. TERRY, ESQ.: I am here on behalf of Valentine Ruch. We solicit your approval of this application. The main reason for this is that the drains that were originally required appear to be satisfactory but after viewing the construction of the road after a bad storm, water still collects in this area. At a meeting of the Planning Board and the Town Board they came up with this idea of a recharqe basin which would still give each lot over 20,000 sq. ft., o~e lot would have 116 foot frontage and one would have 114 foot frontage. I do not believe it would alter the character of the neighborhood. THE CHAIRMAN: This was basically 20,000 sq. ft. before the Ordinance. MR. TERRY: The Planning Board and the Town Board met and considered this and the conclusion was that because this is low land this would be most logical. 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 drain sump W~ich will reduce width of Lots 2 and 3, Map Of Shorecrest, south side of CR 27, SQuthold. The findings of the Board are that water still collects in this area. T~ Board agrees with the reasoning of the applicant, the ~lanning Board and the Town Board with respect to the construction of a recharge basin. 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 -14- January 9, 1975 On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED, Valentine Ruch IV, Ruch Lane, Southold, New York, be GRANTED permission to construct drain sump which will reduce width of Lots 2 and 3, Map of Shorecrest, south side CR 27, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1991 - 8:45 P.M. (E.S.T.) upon application of Beryl Steadman, Sound Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35, for permission to construct front yard fence over four feet in height. Location of property: N/S Sound Avenue, Mattituck, bOunded on the north by E. Gilles; east by H. Gilbourne; south by Sound Avenue; west by Long Island Lighting Company. 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: According to the sketch the house is very close to Sound Avenue. A screen of ~hedge has been developed along Sound Avenue with an opening. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? BERYL STEADMAN ~CAFFREY): Just ourselves, in terms of what we said on the application.-- MR. CAFFREY: The front of the house is 4 feet from the road. MRS. CAPFREY (Beryl Steadman): You can see what we are having for dinner from the road, and what we have on. THE CHAIRMAN: I came in here thinking that t0 grant this might be an undesirable precedent because lots of people live close to the road but I don't think too many are four feet from the line. Is this the only access to your oil tank? MR. CAFFREY: Yes, and not only that but we have cesspools too. A 4 foot high fence is not a sufficient screen. Southold Town Board of A~peals -15- January 9, 1975 THE CHAIRMAN: We don't want the Town to become a series of fences. However, I think you have a substantial hardship. Do you think a 6 foot high fence is enough? MR. CAFFREY: Yes. 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 front yard fence over four feet in height on the north side of Sound Avenue, Mattituck, New York. The findings of the Board are that applicant has a unique and unusual hardship to have a house 4 feet from a public highway. 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. Bergen, seconded by Mr. Hulse, it was RESOLVED, Beryl Steadman, Sound Avenue, Mattituck, New York, be GRANTED permission to construct front yard fence over ~our ~eet in height on the north side of Sound Avenuef Mattituck, New York, as applied for, subject to the following condition: That the fence shall be no higher than 6 feet from ground level. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1992 - 9:'00 P.M. (E.S.T.) upon application of LeRoy and Martha Paul, 240 Billard Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) (5) for permission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Location of property: E/S Billard Road, Cutchogue, New York, bounded on the north by Stoutenberg; east by Heidtman; south by Heidtman; west by Billard Road. Fee paid $15.00. Southold Town Board of Appeals -16- January 9, 1975 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the off~ciat newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. LEROY PAUL: Do you have a letter from the owner of two adjoining lots~ He said he was going to deliver a letter to Mr. Terry this afternoon. THE CHAIRMAN: We have not received it. Part of your hardship is due to gully, swale, and hedgerow but we do find that your barn is closer to the easterly line than it should be and close to two lots which are presently unoccupied. That was what we found when we were there. MRS. PAUL: If the owner does not object, what would be the Town's objection? THE CHAIRMAN: This is not a place where you take a vote. It is not a popularity contest. If you are in the right we would have to grant it to you. It appears to us that you do have a hardship there with the swale, a good part of the yard would flood. MR. PAUL STOUTENBURGH: I am a neighboring property owner to the north and I can vouch to that being water down there. It would be impossible to put anything down there. Mr. Stoutenburgh submitted the following letter: "As neighboring property owners to the north of the Paul property and building in question, we would like to state that we do not object in any way or form to the present structure as it now stands. As a matter of fact we gladly welcome this bit of rural atmosphere." /s/ Barbara Stoutenburgh Baul Stoutenburgh THE CHAIRMAN: Does anyone else wish to speak for this application? Southold Town Board of Appeals -17- January 9, 1975 MR. GLENN HEIDTMANN: I own property to the north and east. I have no objections. In fact, we kind of like the idea. Mr. Heidtmann submitted the following letter: "I am President of the Corporation that owns the two lots to the North and to the East of LeRoy A. and Martha Jane Paul of Billard Road, Cutchogue. I have no objection to the variance that they seek concerning the placement of a stable." /s/ Glenn Heidtmann, President ~lenn F. Heidtmann & Sons, Inc. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: (addressing Mr. Heidtmann) I would like to say one thing. You are speaking for yourself now. You don't live there. You might sell to someone who doesn't like horses. Of course, he could go somewhere else. I think the duty of the Board is to locate this as reasonably as possible. MR. HEIDTMANN: Those two pieces of property would never be used as speculative building plots. It would only be a custom built home. It would never belong to someone who doesn't like the area. MR. ROBERT BERGEN: I have no objection to a horse stable but I do think it is kind of a shame to have it located so close to someone else's lot. In other words, I think it should be 50 feet from~the line. I will admit that going to ~he north the full 50 feet would be a hardship.but it could go to the west twenty to twenty,five feet and still be on the high side of the land. THE CHAIRMAN: Because of where the swale starts, you would have to come closer to your own house. MR. PAUL: We would have to do some filling too. MR. BERGEN: You would probably have to cut down the tree. MRS. PAUL: It's a mulberry tree. WoUld it help if there were an objection at a future date. if we were willing to move it at that time? We are out here through love of the land and we don't want to do anything to ma~e people feel upset about the land. I prefer a horse to a mini-bike. Southold Town Board of Appeals -18- January 9, 1975 MR. PAUL: This came about unfortunately. I talked to two contractors and neither one of them knew about any restriction on animals. THE CHAIRMAN: I think, in this case, I would be inclined to grant subject to review at some future date. Would that be satisfactory with you, Mr. Bergen? MR. ROBERT BERGEN: Yes, if they agree to move the barn if there are any complaints at all. THE CHAIRMAN: They can't really move any further north. 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 accessory building (stable) on existing foundation which is not in required rear yard area on property located on the east side of Billard Road, Cutchogue. The findings of the Board are that applicant has a substantial hardship because of the slope of the land and a thick hedgerow. 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 sh~red 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. Gitlispie¥ seconded by Mr. Bergen, it was RESOLVED, LeRoy and Martha Paul, 240 Billard Road, Cutchogue, New York be GRANTED permission to construct accessory building (stable) on existing foundation, as applied for, subject to the following condition: That if a future owner of the adjoining property Should object to the location of the stable, the Board of APpeals shall reconsider a new location for this building. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -19- January 9, 1975 PUBLIC HEARING: Appeal No. 1986 - 9:15 P.M. (E.S.T.) upon application of Catherine W. Drake, 3050 Fairway Drive, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) and 100-32 (A) for permission to construct antenna mast of excessive height. Location of property: Lot 16, Fairway Farms, Fairway Drive, Cutchogue, New York. Fee paid $15.00. 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. THE CHAIRMAN: On a previous application of Catherine W. Drake the Board suggested that the TV tower be located in the southeast corner of the property but we have since learned that the ground in that location is swampy. There is a letter in the file from Southampton Electronics Associates indicating that the location of the TV tower in the southeast corner of the property would not be suitable because"we can not guarantee that no clay will be encountered~ The new pro- posed location is for the southwest corner of the property. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. GEORGE DRAKE: My wife owns the property. I brought a map of the property which shows that it is difficult to get to the underground cable from the southeast corner to the house because the ground is full of pipe and cesspool lines. CHAIRMAN: TH_E/It seems to me that I heard that you suggested to Cablevision that they bring tn a line; or you investigated that. That would have been an underground installation. MR. DRAKE: Yes. Cablevision will put it there for $4,300.00. I wrote them and have had no reply. THE CHAIRMAN: I understood that you could, not expect, as other subscribers hooked on, to get relief. Is that correct? MR. DRAKE: Phil Babcock did most of that negotiating. THE CHAIRMAN: This is what I heard at Tow~ Counsel's office yesterday when we were discussing various problems. I believe it would cost about $5,000 to. bring in C~blevision and Cablevision would not agree to give back a~y part of it. I have here a copy of a franchise agreement. This is a method whereby anyone can participate, in the Town of Southold, in Cablevision. You might not want to build the tower. You might want to wait. Southold Town Board of Appeals January 9, 1975 MR. DRAKE: Does this mean we could get it for $1,0007 THE CHAIRMAN: It's a franchise agreement to be submitted to Cablevision. MR. DRAKE: Is this going to go through? THE CHAIRMAN: I think so. It provides a formula for the first man on the line. The first man gets $2,500 back. MR.'DRAKE: From the way construction is going on in that development now I think it would be a long time before there are any more houses. THE CHAIRMAN: How high is the peak of the roof on your house, do you know? MRS. DRAKE: It has two floors and a peak above that. MR. ROBERT BERGEN: It's probably 35 feet. THE CHAIRMAN: You don't want an aerial on your roof? MR. DRAKE: No sir. I have seen too many of them collapse. THE CHAIRMAN: The thing that bothered us was that it might set a precedent for a series of TV towers on the 17th Fairway. MR. DRAKE: I don't think so; by that time Cablevision will come there. THE CHAIRMAN: How high will the top ~art of the structure be? MR. DRAKE: About 55 or 60 feet. Phil's is about 50 feet and we are about 10 feet under him. T~E CHAIRMAN: We will have to put a limit on it. That's about 20 feet above the peak of your roof. MR. DRAKE: That corner is 13.7' and up at Phil's it's 24'. He's about 10 feet above us. We might have to go to 60 feet. THE CHAIRMAN: We would prefer to hold it to 55 feet. MR. DRAKE: I will check with Southampton and see what kind of guarantee he can give us for 55 feet. Southold Town Board of Appeals -21- January 9, 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 construct antenna mast of excessiue height on Lot 16, Fairway Farms, Fairway Drive, Cutchogue, New York. The findings of the Board are that applicant's request that antenna mast be located on the southwest portion of the property is a reasonable one because of the swampy condition of the ground on the southeast corner of the 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. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Catherine W. Drake, 3050 Fairway Drive, Cutchogue, New York be GRANTED permission to construct antenna mast of excessive height on the southwest portion of the property, Lot 16, Fairway Drive, Cutchogue, as applied for, subject to the following conditions: That the antenna mast shall be no higher than 55 feet above ground level. That the antenna mast shall be located no closer than 15 feet to the southwest corner of the property; and no closer than 15 feet to any property line. That at such time as Cablevision enters the development, applicant agrees to hook into that service and remove his tower. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen~ Southold Town Board of Appeals -22- January 9, 1975 PUBLIC HEARING: Appeal No. 1987 - 9:30 P.M. (E.S.T.) upon application of Andrew Galgano & Others, 162 Park Avenue, Bethpage, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Section 280A Town Law, for permission to divide lot a~d for approval of access because of lack of approved access. Location of property: R.O.W. off northeast side of Westphalia Road, Mattituck, New York, bounded on the north by Howard Creek; east by now or formerly Gimbernat; south by Penny & Schutt; west by Schutt & Others. 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 noti ce to the applicant'. THE CHAIRMAN: The application is accompanied by an Agreement to Purchase describing the property and a Van Tuyl survey indicating that the subject parcel is 177.96' in width, 580' on the westerly line and 545' on the easterly line. It adjoins Land of Gimbernat. The waterfront lot has a house and a garage on it and is shown as being 60,000 sq. ft. The new lot to be created consists sof approximately 40,000 sq. ft. It is 177.96 on the southerly dimension and 225 feet on both the easterly and westerly dimensions. This property is reached from Westphalia Road by a right of way which is designated as being parallel to the surveyed lines but the actual traveled right Of way is somewhat different from the right of way on the survey.~ THE CHAIRMAN: Is there anyone present who wishes to speak for this application? JOHN W. GIBLtN, JR., ESQ.: I represent Mr. Andrew Galgano, Sr., his sot, Andrew Galgano, Jr., and Carol Galgano. The Gatgan0's purchased this plot in such a way that it would be ~ivid~d into ~wo plots to run on the right Of way Of the westerly boundary. In order to accomplish ~his a variance is necessary to 'allow them access to the property; to allow the waterfront plot access and egress; also to allow the rear plot t~ have access to the Creek. That's the sole purpose of the application. THE CHAIRMAN: There is no question of this right of way coming in from Westphalia Road is there? MR. ROBERT BERGEN: No. Southold Town Board of Appeals ,23- January 9, 1975 MR. GIBLIN: The description as set forth in the contract is not completely accurate; there are some survey variations. The Deed will give the description of the two parcels and the right of way as set forth on the survey by Van Tuyl. THE CHAIRMAN: Basically, you are asking for one ownership. MR. GIBLIN: Three of them will own two plots. It's a father, son and daughter-in-law.. The purpose of that is really financial. THE CHA~P~AN: 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 and for approval of access because of lack of approved access on property located on R.O.W. off northeast side of Westphalia Road, Mattituck. The findings of the Board are that the proposed lot will be approximately 40,000 sq. ft. in area, and the waterfront lot which has an existing house and garage is approximately 60,000 sq. ft. Applicant wiskes to erect a one family dwelling on the 40,000 sq. ft. ~lot and asks for approval of access from Westphalia Road. In addition the waterfront lot will have a right of way over the rear lot to allow ingress and egress, and ~la~ the rear lot to have a right of way to the water. 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 ~s 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. Bergen, it was RESOLVED, Andrew Galga~o, Sr., Andrew Galgano, Jr., and Carol Galgano, 162 Park Avenue, Bethpage, N. Y., be GRANTED permission to divide lot and be GRANTED approval of access, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -24- January 9, 1975 PUBLIC HEARING: Appeal No. 1985 9:45 P.M. (E.S.T.) upon application of George Stankevich, Esq. a/c Edna Doll, Brown's Hills Estates, 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 existing building, with insufficient width and area. Location of property: North side Private Road-North Drive, bounded on the north by Long Island Sound; east by W. Johnson; south by North View Drive (Pvt. Rd.); west by Helen Hass. 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 Van Tuyl survey dated December 5, 1974. The easterly lot consists of 0.85 + acres and the westerly lot is 0.95+ acres. The depth of thy property from North.View Drive on ~he westerly dimension is 330 feet and on the easterly dimension it's 270 feet. There is approximately 130 feet of frontage on North View Drive on the westerly lot, and 119.45 on the easterly lot. At the ordinary high water mark the westerly lot measures approximately 135 feet, and the easterl~ylot is approximately 130 feet. T~E CHAIRMAN: Is there anyone present who wishes to speak'-for this application? GEORGE C. STANKEVICH, ESQ.: My name is G~orge Stankevich. am an attorney having offices at Main Road, SoUthold and est Neck Road~ Shelter Island. Mrs. Doll has Owned the property for ma~y years and has been a good neig.hbor. With ~dvanc~ng years!she finds it necessary to sell ~a portion. She ~0uld have t~ ~11 it as one large parcel or t~o parcels. by Marilyn NOrkelun, New York State licensed r~al es~a~e broker~. Mrs. Doll hired my office to place a~ application befOre, you to d~vTde the property into two parcels. The lot is 1.81 acres in area. Applicant requests an ar~ea'variance · n· View of a 1.44% shortage of area and a I3133%~ shortage of road frontage. The area variance is negligible ~. It is a minimal request for a variance. We don't believe the character of the neighborhood would be changed. Shown on Exhibit II are numeroUs small lots in Brown's Hills Estates. Many are half the size of the proposed lots and many are larger. This is not a new'neighborhood. Many of the houses are small. The Southold Town Board of Appeals -25- January 9, 1975 house at the extreme east end presents a problem in selling the property to any owner because of the high price. It is under contract of sale now. It is not feasible to ~elocate the house. We feel that with the wooded topography and rolling topography an area variance would not invade the privacy of the neighborhood. THE CHAIrmAN: How much of it is bluff, two-thirds? MR. STANKEVICH: About half. THE CHAIRMAN: It looks like the bluff starts right next to the house. MR. STANKEVICH: It's behind the house. It meets all the Health Department requirements. A brief description of the property by a real estate broker, Mrs. Norkelun, recounts that the easterly property has been sold subject to variance. She feels that the westerly piece would bring $40,000. They only have a buyer for the house. Mrs. Doll will keep the other parcel for the time being. If it were sold in one piece the whole thing would bbing about $70,000. One last point, Edna Doll has been a good neighbor for many years. She is single and of advanced years and life dictates to her that she must settle her matters. THE CHAIRMAN: Let the record show that applicant has submitted to the Zoning Board of Appeals an affidavit describing this property and the difficulties which might be encountered if this~ variance were not granted. 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 he finders of tlhe Board are that applicant is the owner f a lot i~6mprising 1.81 acres which she Wishes to divide into two parcels. The neighborhood has been developed for many years and many of the neighboring parcels which have been built upon are Smaller than the lots which would be created by division of applicant's property. The wooded and rolling topography of the property would provide privacy for surrounding neighbors from the existing house or a future house on the westerly side of the property. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -26- January 9, 1975 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, George Stankevich, Esq. a/c Edna Doll, Brown's Hills Estates, Orient, New York, be GRANTED permission to divide lot with existing b~ilding, with insufficient width and area, on the north side Private Road-North Drive, Brown's Hills Estates, Orient, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 19~1 - 10:00 P.M. (E.S.T.) upon applicationof Richard Cron, Esq. a/c Ivan T. Honnett, Orchard Street, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule to alter and rebuild dwelling on non-co~forminq lot with twe existing dwellings. Location of property: Orchard & Third Streets, New Suffolk, New York, bounded on the north by Orchard Street; east by Third Street; south by Helen Kapp; west by G. Lombardi. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its pp~bl~cation in the official newspapers, and notice to the applicant. · HE C~IRM~N: Attached to the application is a survey sho~ing that the applicant is the owner of a lot lo6ated at orchard and Third Streets. The lot measures 100.75' on orchard Street and 75' on Third Street. The o~her two dimensions are approximately the same. ' It~S'~n irregular shaped tot with two existing dwellings on the property. On the weSterly dimension there is a one story framed dwelling with a porch; there is a one and a half story framed dwelling which is 19 feet from Orchard Street and approximately 16 feet from Third Street. There are also several other structures on the property.., a Screened gazebo and a tool shed adjoining that. Southold Town Board of Appeals -27- January 9, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RICHARD CRON, ESQ.: I am an attorney representing the applicant. MR. FRED HULSE, JR.: This is a type of situation that has come before the Board before this. THE CHAIRMAN: I think it has come before us twice. MR. CRON: I am aware that the applicant brought in an application on somewhat similar situation but it was not on the same grounds. THE CHAIR~N: Is it related? This is another applica- tion you refer to? MR. CRON: Yes. I am just dealing with an area type of variance. One type is "use" and one is "area". The grounds that need to be established with respect to each differ radically. We seek an area variance. We need not show uniqueness of this situation or economic hardship. We have to establish that there is substantial practical difficulty. I believe we can show this by the nature of the property itself and the improvements. This is property, in terms of its improvements, existing long before the Zoning Ordinance. He purchased it as it now exists. There is little in that area that would meet the requirements of -the Southold Town Ordinance. What he seeks is utilization of this property on a year round basis. KThere now exists two residential summer type dwellings. The property is presently zoned "residential" use. I see little in the way of changing the character of the existing area. He would not go beyond any existing building lines. THE CHAIRMAN: There is a part of a house tkat sticks out toward Third Street. MR. CRON: He proposes to square up the t~o open ends but would not go beyond the Orchard Str~e~ line no~ the building line fronting on Third Street. Also, in terms of a dormer, this would not be going beyond any roof line. It would be go!ng out and up. This is for the purpose of pro- viding sufficient space for him and his family. The installation of a heating system would not change the character of the area.~ I think to deprive him the right to do this is to say, in effect, you can not use your property for the use for which it is zoned. Southold Town Board of Appeals -28- January 9, 1975 THE CHAIRMAN: We had several summer cottages over in New Suffolk where we restricted them to summer use. We were aware that an attempt was being made to c®~vert them to winter use. In a number of cases we have restricted them for the months of May to November. I see nothing to prevent Mr. Honnett, if this were granted, from coming in here to ask to conver~ the other s~mmer cottage or dividing it and selling it. MR. CRON: I think I see a substantial difference. He is seeking to use his property for which it is zoned on a year round basis. I can see the basis for denying a second residential dwelling. I think you would have a very strong basis to deny the second house. There is no economic hardship. THE CHAIRMAN: He originally bought this for summer use and wishes to convert it. One of the problems is lack of water. We have to restrict density. MR. CRON: The density presently exists. Ail the applicant wants to do is use it for a greater use. You are talking about a period of four months when heating would be required under the Ordinance. THE CHAIRMAN: One of our thoughts is that this can then be sold and used by someone else for a more intensive use than is presently used. MR. CRON: A variance runs with the land. You would not be changing anything except that he can use it for year round occupancy. THE CHAIRMAN: I don't think the Board would object to that. Enlarging it is what concerns the~Board. The rest of the Town is now required to have 40,000 sq. ft. and this fellow has 3,750 sq. ft.. He has s~mething less than one-tenth of what other residents of the Town are required to have. MR. CRON: He has already sold his'home in Whiteplains. If.you use a structure of ia temporary nature~and ar'e ~nly going to be there for a short time the need is not as great as intending to live there on a year round'basis. THE CHAIRMAN: Is Mr. Honnett here tonight? MR. CRON: He intended to be but he has taken ill. THE CHAIRMAN: By how many feet does he intend to in- crease his living area? Southold Town Board of Appeals -29- January 9, 1975 MR. CRON: One corner is 8' x 12' or 96 sq. ft., and the other is 8' x 8' or 64 sq. ft., a total of 160 sq. ft. THE CHAIRMAN: Would this be a two story addition? MR. CRON: He would be able to utilize the upstairs portion of the premises~ THE CHAIRMAN: You are probably talking about a 500 sq. ft. of total additional space. The second floor is there. You would be adding 360 sq. ft. upstairs and 160 sq. ft. downstairs, or a total of 520 sq. ft. THE CHAIRMAN: I think the same type of thing was denied in 1967. I don't know whether he was going to do it the same way or not. MR. CRON: I think his reasoning in making the applica- tion was fallacious. THE CHAIRMAN: We don't base our judgment on how it is presented. MR. CRON: There were areas of economic hardship. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: I would like to postpone decision on this and investigate it a little further as to our legal responsibilities. Offhand, it seems that this should not be done. There is a vast difference in this area variance and the one that preceded it tonight. The people in the preceding case were required to have 80~000 sq. ft. to get two lots and they were one point under that. That's a substantial difference from two sum~mer residences and 3,750 sq. ft. MR. CRON: Back in 1967 when the first application was made the Ordinance stipulated 12,500 sq. ft. and a substantial difference did not exist then as it does now. THE CHAIRMAN: Are there any other questions? (There was no response.) Southold Town Board of Appeals -30- January 9, 1975 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVE~Hthat the Southold Town Board of Appeals post- pone decision on Appeal No. 1981, Ivan'T. Honnett, until 7:30 P.M., January 30, 1975. Vote of the Board: Ayes:, Messrs: Gitlispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1993 - 10:15 P.M. (E.S.T.) upon application of William J. Clark, Esq. a/c Wilfred and Anna Corwin, Factory Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schednle for permission to divide odd shaped lot resulting in a reduction of public road frontage and area of remaining lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Mattituck, New York, bounded on the north by Yarrusso; east by Walnut Place; south by~Corwin; west by Factory Avenue. Fee paid $15.00. 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. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WILFRED CORWIN: I'm here to speak for the application. THE CHAIRMAN: If you buy this lot what will you do with it? MR. CORWIN: Just improve the property. MRS. CORWIN: We might want to add a room. THE CHAIRMAN: Is this lot in single and separate owner- ship now? MR. CORWIN: It used to be separate ownership. THE CHAIRMAN: Would you explain this sketch to me? Southold Town Board of Appeals -31- January 9, 1975 MR. ROBERT BERGEN: (referring to sketch) This is an irregular piece here. There is just one little piece that they want to purchase. There is a house in here somewhere. That house is on the whole lot. THE CHAIRMAN: They would, be reducing the size of this lot. MR. BERGEN: They would be taking a leg off. THE CHAIRMAN: There are houses here. MRS. CORWIN: That house would have an entrance from Walnut & Sound Avenues. The house is only a shell. THE CHAIRMAN: It was not exactly clear to me. 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 ~o divide odd shaped lot resulting in a reduction of public road frontaqe and area of remaining lot located at Factory Avenue, Walnut Place, and Sound Avenue, Mattituck. The findinqs of the Board are that the division requested would permit the leg fronting on Factory Avenue to be utilized by applicants and would square off the remaining area. The Board finds that many of the surrounding properties are 50. foot lots or less. The Board agrees with the reasoning of the applicants. The BOard finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship cre~ted 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 motien by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, William J. Clark a/c Wilfred & Anna Corwin, Factory Avenue, Mattituck, New York, be GRANTED permission to divide odd shaped lot , as applied for, subject to the following condition: Southold Town Board of Appeals -32- January 9, 1975 That this lot may not be used for a separate dwelling but may be used as an addition to applicants' property to increase the area of their lot. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1994 - 10:30 P.M.. (E.S.T.) upon application of Rudolph B~uer, Esq.. a/c Anne C. Lemley, Bay Avenue, East Marion, 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 existing buildings with insufficient width and area. Location of property: South side Bay Avenue, East Marion, New York, bounded on the north by J. Faslo; east by Private R.O.W.; south by Lebrowski & Heroy; west by Bay Avenue. Fee paid $15.00. THE CHAIRMAN: There is a survey accompanying the application which indicates that there is a house on the northerly portion and another residence on the southerly portion of the property. Applicant wishes to divide the property equally down the middle. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I obtained a copy of an old survey donw by Van Tuyl on JulY 18, 1950. It shows the 10t with no houses on it. It shows that a great majority of the lots in the area are very small. I understand that across the street they are 50' x 100'. However, there~are a couple of large ones. I think the survey and application speak for themselves. It won't change anything but she will be able to divide and sell one of the lots. Anne Lemtey bought the premises in approximately 1960. 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 existing buildings on the south side of Bay Avenue, East Marion, New York. The findings of the Board are that there will be no change in the character of the neighborhood, that this division of property will recognize an existing situation. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -33- January 9, 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 of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Rudolph Bruer, Esq. a/c Anne C. Lemley, Bay Avenue, East Marion, New York be GRANTED permission to divide lot with existing buildings on the south side of Bay Avenue, East Marion, New York, as applied for, subject to the following condition: That there shall be no further diminution of side and front ya~s of either of these residences. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated December 19, 1974 be approved as submitted subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Six (6) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M., Thursday, January 30, 1975, at the Town Office, Main Road, Southold, New York. Southold Town Board of Appeals -34- January 9, 1975 The following letter was received fr. om Adolph G. Westerlund, Parade Chairman of the Southold Fire Department: "The Southotd Fire DeparLment is holding their 5th Annual Parade and Tournament on July 5th, 1975. In the event of rain July 6th. We wish to put up the usual poster advertising for this event and will remove them within a week after the tournament is over. Your cooperation will be appreciated." On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Board of Appeals GRANT approval to the Southold Fire Department to display posters advertising the 5th Annual Parade and Tournament to be held on July 5, 1975. The posters may be displayed two weeks before the event (J_~ly 5, 1975, rain date July 6, 1975) and should be removed one week after the event is over. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED that the Southotd Town Board of Appeals set 7:45 P.M. (E~S.T'.), Januar~ 30, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of William Heins, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to maintain existing addition to garage causing a reduction in side yard. Location of property: Route 25 & Old Main Road, Orient, New York, bounded on the north by Tuthill; east by now or formerly Duvall; south by Main Road; west by Old Main Road. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonls, Hulse, Doyen. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.S.T.), January 30, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Douglas Cooper, Bergen Av.enue, Mattituck, Southold Town Board of Appeals -35~ January 9, 1975 New York for approval of access, in accordance with Section 280A, Town Law, on Private Road. Location of property: Off north side Bergen Avenue, Mattituck, New York, bounded on the north by Long Island Sound; east by David~Cooper; south by Met Homes; west by Met Homes. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. The meeting was adjourned at 11:00 P.M. Respectfully submitted, APPROVF. D Marjorte McDermott, Secretary Robert W. Gillispie, Jr., Chairman