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HomeMy WebLinkAbout1954$5---14- 7, b TO~ OF SOUTHOLD, NE~V YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1954 Amended Dated February 6, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Reginald Hudson a/c Claire Brody & Others To 136 Front Street Greenport, New York DATE..~eb....2~., 1975 Appellant at a meeting of the Zoning Board of Appeals on February 27, 1975 was considered and the action indicated below was take~ on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Bo~d it was determ~ed that a special exception ( ) be granted ( ) be denied pursuant to ~ticle .................... Sect~n .................... Subsection .................... paragraph .................... ~ the ~ning Ordinance and Re ~e~on of the Building Inspector ( ) be reversed ( ) b~, confirmed b~ause 9:45 P.M. (E.S.T.) Rehearing, amended 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 (southerly lot), bounded North: N 66° 01'20" E. 165' ±; East: 135' ~ on W/S Canal; South: along northerly line of Lot 12, Fordham Acres 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'. 2. VARIANCE. By resolution of the Board it %vas determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practica~ difficulties SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Buildin SEE REVERSE ~ FORM ZB4 ~~ Inspector ( ) be confirmed ( ) be reversed. ~l'l L-Z~Z~'~. ~O~ING/~0ARD OF APPEALS Befity ~v~711e ~cretary Pro Tem Southo~d To~ Board of Appeals The Board of Appeals designated, for purposes of Clarification, 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. 2006) shall be known as LOT "C": the northerly lot(Appeal No. 20007) shall be known as LOT "D"; all as shown on Van Tuyl survey dated January 15, 1970. LOT A - After investigation and inspection the Board finds that applicant requests permission to use lot for mooring dock and storage b~ilding 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"A" as shown on Van Tuyl's survey of January 51, 1970 and that this lot is substantially in excess or equal in size to ~her 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 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. THEREFORE 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: 1. 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, 2. 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. 5. 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: Hulse, Doyen. Gillispie, Grigonis, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at ~he Town Office, Main Road~ Southold, New York on February 21, 1975 on the following appeals: 7:30 P.M. (E.S.T.) Rehearing grant of variance to Harvey Bagshaw, Deep Hole Drive, Mattituck, New York on applicant's request for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) (f) for permission to construct Body Shop within 300 feet of a residential zone. Location of property: N/S Main Road, Laurel (Dis~._ tt), New York, bounded on ~he north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. 7:45 P.M. (E.S.T.) upon application of Theodore Stepnowsky, Bay Avenue, Cutch0gue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct antenna tower in excess of permitted height. Location of property: Bay Avenue, Cutchggue, New York, bounded on the north by B. Kujawski; east by Bay Avenue (Skunk Lane); south by W. Billard; west by A. Macom. 8:00 P.M. (E.S.T.) upon application of Claude Carlson, Road, Cutchogue, New York for a variance in accordance Zoning Ordinance, Article III, Section 100-30 and Bulk Gtenwood with the Schedule lot with for reconsideration of previous to rear lot. Location of property: N/S North Bayview Road,Southo] bounded on the north by Hart; east by Auletto, Lotterhof, Inchanpa~ Others; south by North Bayview Road, west by Graseck & Zamphiroff. · and Section 280A Town Law, for permission to divide insufficient area and width, and for approval of access L~gal Notice - Page 2 8:15 P.M. (E.S.T.) upon application of Barbara A. Phitipp, Pautipa~g Lane, North Franklin, Connectiout for a variance in accordance with the Zoning Ordinance, Article III, Section 100-3( 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 and Wilmerding; south by K. Peterson; west by Reservoir Road. 8:30 P.M. (E.S.T.) upon application of Emmanuel Tsontos, 26 I.V. Willets Road, West North Hills (Roslyn P.O~), New York for a special exception in accordance with the Zoning Ordinance, Article V, Section 100-50, Subsection B (3) for permission to use land zoned "C" for multiple dwellings. Location of property: S/S Sound Avenue, Mattituck, New York, bounded on the north by De~chuk~, R. Dav~; Sound Avenue, L. Yarrusso~ Worthingto~ ~ Others; east by J. Berdinka, J. Sinko, L. Gloeckler, F. Zaneski, W. Jackowski & Others, and Factory Avenue; south by Long Island Railroad; west by Wa~go & Demchuk. 8:45 P.M. (E.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 Sch~du!e for permission to divide lot with insufficient width and area. Location of property: N/S Middle Road (CR 27), Cutchogue, New York, bounded on the north by Tuthill; east by Bates; south by Middle Road (CR 27); west by Schneider. 9:00 P.M. (E.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: New York, bounded on east by Peconic Bay; (Horn Est.) E/S Bay Shore Road Extension, Greenport, the ~x~x north by Lutkowitz & Reibling; south by L. Maillet, Jr.; west by R.O.W. Legal No%ice - Page 3 9:15 P.M. (E.S.T.) upon application of Ruth & Guy Sobering, Sound Avenue, Mattituck, New York for a variance in accordance with th~ 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. 9:30 P.M. (E.S.T.) upon application of Harry W. Armstrong, 71 Dawn Drive, Greenport, New York for a variance in accordance with 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. 9:45 PLM. (E.S.T.)_ Rehearings, amended ~applicatioD_ef R~ginald Hudson a/c Claire Brody & Other~, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk dock Schedule for permission to use lot for mooring/_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' 20" E 165' ~;i East: 135' ~ on W/S Canal: South: along northerly line of Lot 12, Fordham Acres S 60° 54' 30" W t88' ~; West: along E/S Gui Pond Lane N 68° 19' OOW 88.9' & N 43° 00' W 5i.51'. 9:55 P.M. (E.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 lot for mooring dock and storage and area. Location of property: New York (south center lot); bounded North: 170~ ~; East 140' ~ ~est side Canal; South: Schedule for permission to use building with insufficient widtt E/S Gull Pond Lane, Greenport, N 66~ 01' 20" E S 66° 01' 20" W 165' Legal Notice - Page 4 (9:55 West: P.M. Rgginald Hudson cont'd) N 68° 19' 00" W 140' ~ along E/S Gull Pond Lane. III, use 10:05 P.M. (E.S.T..) upon application of R~ginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article Section 100-30 B-9 and Bulk Schedule for permission to 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; South S.66° 01' 20" W 170' ~; West N 68° 19' 00" W 91.24' and N 61° 2-9' 10W 48.76' along E/S Gull Pond Lane. 10:15 P.M. (E.S.T-.) upon application of R~ginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for-a variance inaccordan~e~with~ ~he Zoning~Or~in~nce,~Articl~ III, Section 100-30 B-9 and Bulk Schedule for permission to use lot for mooring dock and storgge building with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York (northerly lot), bounded North: Lot 11, East Map of Fordham Acres N. 66° 01' 20" E 165' ~;3 ~H~: 140' ~ .on W/S Canal; South: 66° 01' 20" W. 170' ~; West: N 61~ 29' 10" W 140' + on East side Gull Pond Lane. 10:25 P.M. (E.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 International Corporation; east by Gull Pond; south by H. Raynor west by W. Pell III. LEGAL NOTICE LEGAl 4~OTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New york, public hearings will be held by the Zoning Board of Appeals of the Town of Southuld, at the Town Office, Main Head, Southuld,' New York on February 27,1975 on the following appeals: 7:30 P.M. (E.S.T.) Rehearing for reconsideration of previous grunt of variance to Harvey Bagshaw, Deep Hole Drive, Mattituck, New York annlicant's request for a variance m accordance vath th Zoning ordinance, Article VII, Section 100-70 (B) (f) for permission to construct _l~ty Shop within 300 feet of a residential zone. Location of property: N-S Main Read, Laurel (Dist. 11), New York, bounded on the north by J. O'Cunnell; east by A. Goodaie; south by Main Road; west by J. O'Connell. 7:45 P.M. (E.S.T.) upon application of Theodore Stepnowsky, Bay Avenue, Cutchague, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct antenna tower in excess of permitted heig]~t- Location of property: Bay Avenue, Cutchague, New York, bounded on the north by B. Kujawski; east by Bay Avenue (Skunk Lane); south by W. Billard~ west by A. Macem, 0:o0 P.M. (E.S.T.) upon application of Claude Carlssa, Glanwood Road, Cutchague, New York for a variance.' in accordance with the Zoning Ordinance, Article III, 10040 and Bulk Schedule, an Sect(an 2~A Town Law, for permission th divide lot with insufficient area and width, and for apPreVal of access to rear lot. Location of prope?y: N-S North Bayview Roau, Southold, beanded on the north by llart; east by Auletto, Lotterhot, Inchanpan & Others; south by North Bayview Road, west by Graseck & Zamphirofi. 8:15 P.M. (E.S.T.) upon application of Barbara 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 PFroverty: E-S Reservoir Rea.d, is'hers Island, New y_o.rx, bounded on the north by W. Mai' and Reservoir Read; east by W. May and Wthnerding; south bi' E. Petersun; w.est by Reservoir Read. 8:30 P.M. (E.S.T.) upon application of Emmanuel Tsontos, 26 I.V. WilletS Read, West North Hills (Eeslyn P.O.), New York for a special exception in accordance with the Zoning Ordinance, Article V, Section 168- 50, Subsection B (3) for permtsston to use land zoned C for multiple dwellings. Location of property: S-S Sound Avenue, Matt(tuck, New York, bounded on the north by Demchuk, R. Davis, Sound Avenue, L. Yarrusso, Worthington & Others; east by J. Berdinka, 3. sinko, L. Gloeckler, F. Zaneski, W. Jackowski Others, and Factory Avenue; south by Long Island Reilroad; west by wa(go & Demchuk. 8:45 P.M. {E.S.T.) upon application of Wicltham & Lark a- c Iola Adams, Middle Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article: HI, Section 100-30 and Balk Schedule for permission to divide lot with insufficient width and area. Location of property: N-S Middle Road (CR 27), Cutchoghe, New York, bmmded on the north by Tuthill; east by Bates; south by Middle Road (CR 27); west by Schneider. ~ 9:00 P.M. (E.S.T.) upon application of John J. Martceci, 718 Island View Lane, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to ceastrnct accessory bailding in front yard area. Location of property: E-S insufficient width and area. Location of property: E-S Gail Pond Lane, Greenport, New York, (north center lot), bounded on the North: N 66 degrees 01' 20" E 170' +; East 140' + along W-S COUNTY OF SUFFOLK, Canal SouthS. 66 de~-rees 01' 20" STATE OF NEW YORK, ~ss: W 170' 4-; West N 68 degrees 19 00" W 91.24' and N 61 degrees 29' 10W 48.76' along E-S Gull Pond Lane. 10:15 P.M. (E.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 IH, 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 ......... .S.~ .u.a?.t:.. ~.:. p.olT.m.a.n' .........being duly Sworn, he says that ....... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, for One (1.) weeks successively commencing on the ~..e.~.t.l.e..t:.h.... Fe]~uary 19 7 5 Bay Shore Road Extension, pundLane, Grcenport, NewYork dco/ o! .... ~.--~ .~~~.~ Gr~, N~ York, ~d~ (n~ly lut), ~d~ No~: ~~ ......... ~ .................. on the no~ by ~kowitz & ~tll,~pofFo~Acr~N. ~ib.ng; ~st by P~C B~; ~~5 ~as~ SW~ to ~fore me this .~/ ..... ~.M~Bet, Jr.;w~ Y 1~ +on, ,, ;, : ~} ~ 9:15 P.M. (E.~ N61d~'10 WI~ +on / ~/ X // ~/ , / ~ , // ' uth & - e.~,i,o Sound Av~u ~ P.M. - -T. u~on ff "'1 'f /~~>~[? ~,i*,,~k New York for a apphc~~&~ // ~/~U~;'.}:,.,~..,., ............. ~'~-~ acco~ce ~ the c ~rge B~?~s / / / ,w,~j~ f~..:,- ~ - - q ,ina ~th~, ~lcle III, Av~ue, B~M~, . .... [ / .... for ~l~lon to use e~s~g ~y uoam fo~tion for n~ cons~uctiea with ' insufficient setback. ~ation of prope~y: N~ ~d Av~ue, Matlituck, New York, ~d~ on ~e no~h by ~omton Smith; ~st by ~omton Smi~; ~uth by ~d Avenue; west by Thornton Smith. 9:30 P.M. (E.S.T.) upon application of Harry W. Armstrong, 71 Dawn Drive, Greenport, New York for a variance in accordance with Article III, Section 100-32 for permission to locate accessory building in Side yard area. Location of property: Dawn Drive, Greanport~ New York, Map of CleaVes Point,~ Lot NO. 71. '-~-. ] ITF20 ~:45 P.M. (E.S.T.) Rehearing,' -- amended application of Reginald ~ a-c Claire Brody OtherS' -l'~ew York' for a' Greanport, the Section ~ t~oi,~ntonselot ~e [or perm for mooring dock and storage building with insufficient width and area. Location of property_: E-S Gull Pond Lane, Greanpor~, New York (southerly lot)l _be ded , orth: 01 20 E165 +;East:168 +°neWr~ canal: Se/lth: along ~rth Y ~ of Lot 12, Fordham Acres S ' --" W 168' +; West: 5430 , Gull Pond Lane N 19' nOW ~8.0' & N 43 00' W 51.51'. P.M. (E.S.T.) upon application of Reginald HudSon a-c Claire Brady & OtherS, 135 Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 10~50 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 anter lot); bounded (south c - ,,,.,~ol, 20"E170' North: N ~6 aer,, East 140' + west side Canal; +; ~ , ,, , -_. o~adeo~.~es01 20 W165 "68 d +; West: l~ ~'40' +_. along E-S Gull Pon! Lane. 10:05 P.M. (E.S.T.) upon application of Reginald Hudson a-c Claire Brady & OtherS, 136 Front Street, Greenport, New York for a variance m 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 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: K.O.W. N~ Manhanset Avenue, Greenport, New York, beeaded on the north by Regens International Corporation; east by Gull Pond; south by H. Raynor; west by W. Pell III. Any perSon desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 13, 1975 BY ORDER OF THE BOARD OF APPEALS NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York on Feb- ruary 27, 1975 on the fol!owing appeals: 7:30 P.M. (EST) Rehearing for reconsideration of previous grant of variance to Harvey Bagshaw, Deep Hole Drive, Mattituck, New York on ap- plicant's request for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) if) for permission to construct Body Shop within 300 feet of a' residential zone. Location of property: N/S Main Road, Laurel (Dist. ill New York, bounded on the north by $. O'Connell; east by A. Good- ale; south by Main Road: west by J. O'Connell. 7:45 P.M. (EST) upon appli- cation of Theodore Stepnowsky, Bay Avenue, Cutchogue, New York for a variance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- 32 for permission to construct antenna tower in excess of per~ mitred height. Location of properly: Bay Avenne, Cut- chogue, New York, bounded on the north by B. Kujawski: east by Bay Avenue (Skunk Lane); south by W. Billard; west by A. Macom. 8:00 P.M. (.EST) upon appli- cation of Claude Carlson, Glen- wood Roa'd, Cutchogue, New York for a variance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- 30 and Bulk Schedule, and Section 280A Town Law, for permission to divide lot with insufficient area and width. and for approval of a~cess to rear lot. Location of property: N/S North Bayview Road, Southold, bounded on the north by Hart; east by Auletto, Lot- terhof, Inchanpan & Otherm south by North Bayview Road, west by Graseck & Za~nphiroff. 8:15 P.M. (EST) upon appli- cation of Barbara A. Philipp, Pautipaug Lane, North Frank- lin, 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 and Wilme,ding: south by K. Peterson; west by Reservoir Roach 8:30 P.M. (EST) upon al~pli- cation of Emmanuel Tsontos. 26 I. V. Willets Road, West North Hills (Roslyn P.O.) New York for a special exception in accordance with the Z~ning Ordinance, Article V, Section 100-50, Subsection B (3) for permission to use land zoned "C" for multiple dwellings. Lo- cation of property: S/S Sound Avenue, Mattituck, New York, bounded on the north by Dem- chuk, R. Davis, Sound Avenue, 8:45 ~'.M. (EST) upon appli- carlo. Wickham & Lark a'c Iola Aelams, Middle Road, Cut- ehogue, New York or a vari- ance in aeeordar~ca with the Zoning Ordinance, Article III, Section 100-30 and Bulk Sched- · ule for permission to divide lot with insufficient width and area. Location of property: Middle Road (CR 27), Cut- chogue, New York, bounded on the north by Tuthill; east by Ba~s; south by Middle Road (CR 27); west by Schneider. 9:00 P.M. (EST) upon appli- cation 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 con- struct accessory building in front yard arem Lacatlou of property: E/S Bay Shore Road Extension, Greenport, New York, bounded on the north by Lutkowitz & Reibling; east by Peconie Bay; south by L. Mail- let, Jr.; west b,y R.O.W. IHorn Est.) 9:15 P.M. (EST) upon appli- cation of Ruth & Guy Sobering, Sound Avenue, Mattituck, New York Iora variance in ~ccord- ~nce with t~he Zoning Ordi- nance, Article III, Section 100- 30 and Bulk Schedule for per- mission to use existing founda- tion for new construction ~vith 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. 9:30 P.M. (EST) upon appli- cation of Harry W. Armstrong, 71 Dawn Drive, Greenpori, New York for a variance in accord- a~ce with 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. · 9:45 P.M. (EST) Rehearing, amended applieation of Reg- inald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a var.- ianca in accordance with the Zoning Ordinance, Article III, Section 100-30 B-9 and Bulk Schedule for permission to ~se lot for mooring dock and stor- age bui.lding with insufficient width a~d axea. Location off' property: E/S Gull Pond Lane, C/reenport, New York (south- erly lot), bounded North: N 66° 01' 20" E 165' East: 135' ± on W/S Canal: South: along northerly line of Lot 12, Fordham Acres S 60° 54' 30" W 188' -----; West: along E/S Gull,Pond Lane N 68° 19' OOW 88.9' & N 43~ 00' W 51.51'. 9:55 P.M. (EST) upon appli- cation of Reginald Hudson a)c Claire Brody & Others, 136 Front Street, Greenl:~Srt, New York for a variance in arcord- ance with the Zoning Ordinance Article II/, Section 100-30 B--9 and Bulk Schedule for per- mission to use lot for mooring dock and storage building with insufficient width and area. Lo- cation of property: E/S Gull Pond Lane, Greenport, New 10:05 P.M. ~ppli- cation o[ R~ f, n a/c Claire Brod~, Others, I36 Front Stree~ Greenpor[. New York for a variance in accord- anee with the Zoning Ordi- nance, Article III, Section 100- 80 B-9 and Bulk Sehedule for permission to use lot for moor- lng dock and storage building witl~ insufficient width and area. Location of property: E/S Gull Pond L~ne, Greehport, New York, (north center lot), bounded on the North: N 66° 01' 20" E 170' ±; East 140' ± along W/S Canal; South S. 66° 01' 20" W 170' ±; West N 63° 19' 00" W 91.24' and N 61* 29' 10W 48.76' along E/S Gull Pond Lane. 10:15 P.M. (EST) upon appli- cation of Reginald Hudson a/c Claire Brody & Others, 136 Front Street, Greenport, New York for a variance in accord- a~ce with the Zoning Ordi- nance, Article III, Section 100- 30 B-9 and Bulk Schedule for permission to use lot for moor- ing dock and storage building with insufficient width and area. ~ocation of property: E/S Gull Pond Lane, Greenport, New York (northerly lot), bounded North: Lot 11. Map of Fordham Acres N. 66° 01' 20" E 165' ±; East 140' ± on W/S Canal; South: 66° 01' 20" W. 170' _; West: N 61° 29' 10" W 140' ± on East side Gull Pond Lane. 10:25 P.M. (EST) upon appli- cation of Wickham &~ Lark a/c George Burrell, 1323 Ditmas Avenue, Brooklyn, New York for a variance in a~cordance 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 ac- cess. Location of property: R.O.W. N/S Manhanset Ave- nue, Greenport, New York, bounded on the north by lqe- gens International Corpora'tion; east by Gull Pond; south by H. Raynor; west by W. PclI III. Any person desiring to be heard, on the above appeals should appear at the time and place above specified. Dated: February 13, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T--2-20 - MATTiTUC~.', ~d at Southolc:, of which th: blished in saiJ LEGAL NOTICE Notice of Hearings Pursuann to Section 267~of th? Town Law anc~ the of the ilmended Buildino Zone Ordinance of the town of Sc ut~ol~ Suffolk Counn¥, New York, publlc hearings will be held t' thc Zoning Board of Appeals of the Town of Southold, ar~ -:he Town Office, Main Road. Southold, New York, on October 3, 19~4, on the following appeals: 8:10 P.M. (E.D.S.T.) upon application cf Regina2d Eudson {~ Brody & Others, 136 Fron~ otre~_~ ~, Greenporu, N. Y. fer a exception in accordance with the Zoning Ordinance, A~'ticle il'l, Section 100-30 B.9 for permission no construct docks and storage buildings on premises with '- ' ' mnsuzfzcment width and area. Location of property: E/S G~li Pond Lane, Greenport, New York. bounded on the north by Scott McBurney Lot il; on the easn by canal (branch of Gull ~ond); on the south by G. Lubrish Lot 1£~ on the west by Gull Pond Lane. 8:25 P.M. (E.D.S.T.) upon application of Antonio De Souza, 5 Viking Road, Glenwood Landing, New York for a variance in accordance with the Zoning Ord=nance, Article III, Section 100-34 and Bulk Schedule for permission to construct dwelling with in- sufficient setback. Location of properny: ~ay Sho~re Road and Island View Lane, Greenporn, New York, Peconlc Bay Estates, Lot No. t52-and 1/2 of 151. 8:35 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Main Road, Southold, New York for a varmance in accordance with the Zoning Ordinance, Article ]iii, Section 100-30 C.1 for permission to use ex~sting barn for an art snudio. LOcati~h Of [P~P~y: N/~ Main Ro&d (Rt. 25), Cutchogue, New Ybrk, bo~n~d .on the~north by other lands of applicant; 6n the e~st by ~bn %he south by Sai~ ~Oad; on the ~est by ~st~iie ~cc~iidm~ LEGAL NOTICE . Notice of Hearings Pursuant to Section 267 of the Town Low and the provisions of the Amended Building Zone Ordinance of the Town of Soqthold, Suffolk County, New Yo~k, public hearings will be held by the Zuniag Boi/rd d Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on October 3, 1974, on the following appeals: 8:10 P.M. (E.D.S.T.)'~s~ application of Reginald Hudson a-c Brody & Others, 136 Front Street, Greenport, N.Y. for a special eXcelltiun in accordance with the Zoning Ordinance, Article IH, Section 100-30 B.9 for permission to construct docks and stol'age buildings on premises with insufficient width and area. Location of property: E-S Gull Pond Lane, Greunport, New York, bounded on the north by Scott McBurnsy - Lot 11; on the east by canal (brunch of Gull Pond); on the south by G. ,Lubrich - Lot 12; on the west by Gull Pond Lane. ~ 8:25 P.M. (E.D.S.T.)-upon application of Antonio De Souza, 5 Viking Road, Glunwood Lun- ding, New York for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-34 and Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: Bay Shore Road and Island View Lane, Greanport, New Yo~k, Pecodic Bay Estatos, Lot No. 152 and ~zof 151. 8:35 P.M. (E.D.S.T.) upon application of Lofferts P. Edson, Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Seclico 100-30 C.1 for permission to use existing barn for un art · studio.,Location of property: N-S Main Road (Rt. 25), Cutchogns, New York, bounded on the north by other lands of applicant; on the east by 1t. Asselta; on the south by Main Road; on the west by Estelle McCalinm. 8:45 P.M. (E.D.S.T.) upon ap- plication of Mr. and Mrs. Robert Goldense, 5330 New Suffolk Road, New Suffolk, New Yora for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- difiun on dwelling which will COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: Stuart C. Dorman says that ........ is Printer and Publisher of the SUFF~ WEEKLY TIMES, a newspaper published at Greenport, in: county; and t~hat the notice, of which the annexed is ~ IYri~ copy, has been published in the said Suffolk Weekly Ti once in eoch week, f~r . . .O..U.~..(.1.). ............... w: successively commen, cin!l on the . ~w..e.n.C.y.-.s..i.x.C..h..(.2~ d~ of ...$.e~~19'.'~.74 Swarn to before me this .~: ........ .~_~t -~ , day o! ../~ ' . ..... -: ..... Suffolk, New York, bounded on the north by M. Cooper; on the east by New Suffolk Road; on the south by E. Raynor, Jr.; on the west by A. Rysko. 9:00 P,M. (E.D.S.T.) upon application of Thomas A. Duffey, Prceid~mt, T. A. D. Auto Sales, inc., Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 for pennis/dun A. to =onduct a used car sales business, B. to erect a second ~ign. Location of property: Main Road, Mattituck, New York, bounded on the .north by Main Road; on the east by Maratcoka Lane; on the south by J. Brooks & R. Polhemus; west by Sunset Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: September 19, 1974 BY ORDER OF THE BOARD OF APPEALS reduce existing setback line average. Location of property: ...................................... being duly Sw. W-S New Suffolk Road, New h~ Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on October 3, 1974, on the following aP?re~ls: 8:10 P.M. (E.D.S.T.) upon ap- -plica~]~)h of Reginald Hudson a?c Brady & Others, 136 Front Street, Greenport, N.Y. for a special exception in accordance with the Zoning Ordinance, Article IlL Section 100-30 B.9 for permission to construct docks and storage buildings on premises with insuf- ficient width and area. Location of property: E/S Gull Pond Lane, Greenport, New York, bounded on the north by Scott McBurney - Lot ll; on the east by canal branch of Gull Pond); on the south by G. Lubrich - Lot 12; on the west by Gull Pond Land. 8:2S P.M. (E.D.S.T.) upon ap- dication of Antonio De Souza, 5 Viking Road, Glenwood Landing, New York for a variance in accor- dance with the Zoning Ordinance, Article Ill, Section 100-34 and Bulk Schedule for permission Io construct dwelling with insuffi- cient setback. Location of proper- ty: Bay Shores Road and Island View Lane, Greenport, New York, Peconic Bay Estates, Lot No. 152 and ½ of 151. 8:35 P.M. (E.D.S.T.) upon ap- plication of Lefferts p. Edsom ~Main REad, Southold, New York for a variance in accordance with the Zoning Ordinance, Article 11I, Section 100-30 C. 1 for permission to use existing barn for an art studio. Location of propfrty: N/S Main Road (Rt. 25), Cutchogue, New York, bounded on the north by othei- lands of applicant; on the east by R. Asselta; on the south by Main Road; on the west by Estelle McCallum. 8:45 P.M. (E.D.S.T.) upon ap- plication of Mr. and Mrs. Robert Goldense, 5330 New Suffolk Road, New Suffolk, New York for a variance in accordance with thc Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to construct addi- tion on dwelling which will reduce existing setback line average. Lo-. cation of property: W/S New Suffolk Road, New Suffolk, New York, bounded on the north by M. Cooper; on the east by New Suffolk Road; on the south by E. Raynor, Jr.; on the west by A. Rysko. 9:00 P.M. (E.D.S.T.) upon ap- plication of Thomas A. Duffcy, President, T.A.D. Auto Sales, Inc., Main Road, Mattituck, New York, tbr a special exception in accordance with the Zoning Or- cinancc, Article VI1, Section 100- 70 B.4 for permission A. to conduct a used car sales business, B. to erect a second sign. Loca- tion of property: S/S Main Road, Mattituck, New York, bounded on the north by Main Road; on the east by Maratooka Lane; on ~he south by J. Brooks & R. Polhem- us; west by Sunset Avenue. Any person desiring to be on the above appeals should COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK j Sherley KarT, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watchman once eoci~ week ........... .(.: ....... .......... ........... wee successively, commencing on the ......................... doy o~ ........... .~. ..~ .~ ......, 19. . ................................. 'l' ........... .................... Sworn to before me this ....... h ............ ~ day of ............. ~otary Pablle /~ TOWN OF SOUTHOLD, NEW YORK!~"~' Or` APPEAL FROM DECISION .OF BUILDING INS, cCTOR APPEAL NO. D^'rE ( ) ( ) TO THEZON1NG BOARD OFAPPEALS, TOWN OF SOUTHOLD, N, ¥. I, (We).:,.ql~,i~e..Z~ZtQ~ ,~...0.~D.e~.~. ..... :....of ...... ................... ~ Name of Appellant ~'.. ~ / Stree~ and Numbe~ ......... G~ee~or~ ' '~ ........................... ¢' . ...... E:~ ........... HEREBY APP~L TO Municipality StYe THE ZONING BOARD OF APPE~S FROM THE DECISION OF THE ~ILDING IN, PEkOE ON APPLICATION P~R ~ ~O ................... ~S~' ........ D~ED ....~.....3~.., ~.~.~ .................. WHEREBY THE BUILDING INSPECTOR DENIED, TO / ............ Name of Applicant for permit Street and Number M~flicipali~ ................ ~¢~ .......... PERMIT TO USE for moo~ ~ s~ora~e PERMIT FOR OCCUPANCY 1. LOCATION OF THE P;ROPERTY¥¢./..e..~-~-'z ez~ ........ Street Use District on Zoning Map :,Dc~ x ~ Oreez~ '~02~ Map No, Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Sectior., Sub- section and Paragraph of the Zoning Ordinance by number. ~Do not quote the Ordi~nance.) Art 111 sect:ton 3. TYPE OF APPEAL Appeal is made herewith for ~ ) A VARIANCE to the Zoning Ordina.nce or Zoning Map ( ) A VARIANCE due to lack of access (Statez~of~New York Town. Law Chap. 62 Cons. Laws Art. 1'6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (,~'T~,,~i~[) been made with respect to this decis on of the Building Inspector or with respect to this property,, Such agpeal was (Z.) request for a special permit ( ) request for a variance and was made n Appec No..'L~.~.'.~. ...................... Dated ..................................... ( ) ~) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A V~riance to the Zoning Ordinance is requested for the reason thaf aS g~ver, i~ ori~;inal a~:¢Iz~-.on ~,ot is not s~itabl~ ;or resil¢'~;ee use. Req~aest ~eroit :' ~0~ ._~_g fOP private boats &small s~ora~e huii.:i:~g. ~'h!s ~ 66° 01~ 20~ S 1~' ~ ~. :.~.~ ~ o .... ,~ ~1~ S. a~o.,~ n~_t,~o~!~ _~ne (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLLCATION OF THE ORDINANCE would produce practical difficultie~ or unneces- sary HARbSH P because ~ ~ '!~l~ ~ ~r~ ~ ;~J~ '~ ' The hardship created is UNIQUE and is not shared by ali properties e[ike in the immediate vcinity of this property and in this use district because ~ ~ ~,~l~- ~ ~ ~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE £HAP~CTER OF THE DISTRICT,because ~ ~ ~~J~ ;~B~;~,~ ~ STATE'OF NEW YORK ) COL NTY OF ~q~-~"'~' ) Signature Sworn to this'. ............................ day of ....................................... 197¢~- ........................... ....... ; .... ' ............. TOWN OF $OUTHOLD., NEW YORK APPLICATION FOR SPECIAL EXCEPTION APPLICATION TO THE ZONING BOARD OF APPEALS. SOUTIIOLD, N. Y. Street and Number ]NIunicipality $~$e hereby app.,to Tile ZONING BOA!%D OF APPEALS for a SPECI~L EXCEPTION ~ accord~ wi~h the ZONINg' 0~IN~ ~C~ S~CTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE STATE OF NEW YORK ) )ss COUNTY OF~L%~.fO]/~.~ ) Signature Sworn to th/s ............................ day of ................................ , 19 ................ Notary Public FORM ZB2 TOWN OF SOUTHOLD BUILDING I~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y, NOTICE OF DISAPPROVAL ~o~~.~....~~ .......... ~ ~ ~~ ........ ~_~....~.~..~ .......... ~or p~r~t to construct ~..~ ........... ~,..~t T~ ~r~s~ ~ocot~d ~t ...... ~ ................... I1~~~~-- , ~.~...~...~~~../ ',~ .~:...,.....,..~..~....~..~.~..........~.~......~ ......... ...... ~~_~.~....~..~.~.~..~ ................................................ FORM NO. 3 TOWN OF SO'UTHOLD BUILDING D~EPARTMENT TOWI~ CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ./.....~.~.......~....~....~..'. ............................ ..... ~....~X:. ............. ~,_~ ¥^~,~o~,~,~o~¥o.~ ~,~,~,i~o~io~ ~d ... ~....~. ........................ . i~..'Z.~ · ,,,,o~ ............. ~ .................. BIo~ ........ ~ ............................. ,o~ ...... ...X_... .................................... ~~'~o~ox o~ ~ ~o,,ow,~ ~o~ ..... .c~~..~ ........... ..L.~.o.....~.~.#..~,..~....r.~.~...~......--... ...................... ............ ~...~i~i.....~.~...~!~.~....~.~~.~..~...~.-...t.).. ....... Building Inspects/ ~ i)WNER, ~ · STREE'F 7/~ ,~ , VILLAGE' ~ DIST, SUB, LOT . Mkt ' Till,hie F~ONTAGE ON WATER t ¢~' ~ ~ : -Z ~'~ Wo~l~nd FRONTAGE ON ROAD Me~dowl~d DEPTH ~ HOuse Plot - BULKH~D Total Y TCiWN OF: OWNER' STRE~ WL~GE ~ . SUB. .~ G ~ BU I CON N~ NOR~L BELOW ABOVE . FARM Acre V~lue Per ~lue bi Titbble 2 ..... Woodland ' , Swampl*nd ~ 'FRONTAGE ON'WATER" ~ Brushland FRONTAGE ON ROAD House Plot DEPTH Total DOCK COLOR TRIM )0 Foundation Ext. Walls Place Dormer Driveway Both Floors nterior Finish ~eat Rooms 1st Floor Roams 2nd Floor DR. BR, FIN. B. PROPERTY RECORD CARD ~C~WNER' . ' ' ' ' STRE~ ~/'--~/,~:~ VILEA~E ~ . RES. S~S,. VL ~RM CO~, CB ~ND IMP. TOTAL Tiaable. FRONTAGE ON WATER Wo~l~nd FRONTAGE ON ROAD Meodowl~nd DEPTH Houso ~lot .... . B~kKH~D Totol M.. Bldg,. -~ ~.ten~J~' Extension Extension Porch Porch Breezeway Fire Place Garage Type Roof Patio O.B. Total Foundation Basement Ext. Walls Recreation Room Dormer Bath Floors ./ Interior Finish Heat Rooms 1st Floor ?~ooms 2nd Floor Driveway Dinette K. IR. DR.' 'BR. J FIN. B - ~OWN OF SOUTHOLD PROPERTY ~F~OR CARD , ~' . DIST] SUB. LOT e I ~Tillable . t ~ FRONTAGE ON WATER W~la~ . s,t ,. FRONTAGE ON ROAD' ~' ~ ~ - . (Total Ext. Walls V/..~/~t~/~,.~. Interior Finish ~'~,~ LR. lace ~/~ ~ ~ H~t ~C/;-~c , , DR. R~reation R~m R~ms2ndFi~r :2.G~:~,>~ FIN. Do~r Driveway ~ ~WTOWN OF $OUTHOLD PROPERTY OWNER STREET VILLAGE ?Q:: .~+i~1~: ?:" ':~-SUB; , ,- LOT s~s ' w.~ .................... . FAR~ CO~. : CB. ~ICS. . ~ ~ ' ' ~ ' 'l' t t ~ ~ '-: · . : ~j__ ' " ... ' '7' . ~_~_ . W~land FRONTAGE ON RO~D . " Total Extension Extel-Sion B~woy Total COLOR Foundation Basement Ext, W~lis Fire Place Bath Interior Finish Heat Rooms ]st' Floor Dinette! ' K. LR. BI .... · BR. I . Rooms 2nd Floor Driveway Type Roof Recreation Room Dormer CARD ; ~)~/N ER ....... STREET RESt'.' S~S. VL ~ FA~ - CO~. CB. MISC. Mkt. Value -- AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FARM Acre Value Per Value - , Acre Til.lable 1 .. Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushbnd FRONTAG~ ON ROAD House Plot DEPTH .~ ~, %,..~ BULKH~b .... Total "- DOCE TOWN RECORD CARD AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE ' 'FARM Acre ~., AC Tillable Tillable Tillable 3 Woodia~d Swamp~"a ..O,mAG" O' WAm~. Brashland., House DEPTH ,~ Total ' DOCK M. LBtdg. Extensio~ Extens on Ektens on P~[~h Foundation Basement Bath Floors Ext. Wails Interior Finish Fire Place Heat Rooms 1st Floor Type Roof Recreation Roorr Rooms 2nc Floo, Dormer Driveway © $outhold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 765-1313 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe Henry Raynor Frank Coyle 'November 7, 1974 Mr. Robert Gillispie, Chairman Southold Town Board of Appeals Town Clerk's Office Southold, New York 11971 Re: Brody Dear Mr. Gillispie: In regard to the letter from the secretary of the Board of Appeals dated October 4, 1974 re the above- captioned matter, the Planning Board does not look favorably on any development of this property. We have discussed this with the Board of Health and they feel that since this is fill pumped in over very heavy bog, there is no possibility of getting good water or any sewage disposal and even boat storaEe buildings would presumably have to have some sanitary facilities. Also, boat storage buildings (commercial) should only be in a "C" District. Yours truly, ~ Wickham, Chairman '~- Southold Town Planning Board JW/mb N,:vember 7, 197~ ~. Robert Gillispie, Chairman Southold Town Board of Appeals Towel Clerk's Office Southold, New York 11971 Re: Brody Dear}ir. Gillispie: In regard to the letter from the secretary of the Board of Appeals dated October 4, 1974 re the above- captioned matter, the Planning Board does not look favorably on any development of this property. We have discussed this with the Board of Health and they feel that since this is fill pumped in over very heavy bog, there is no possibility of getting good water or any sewage disposal and even boat storaSe buildings would presumably have to have ao~e sanitary facilities. Also, boat storage buildings (commercial) should only be in a "C" District. Yours tr~tly, ~W/mb John Wickham, Chairman Southold Town Planning Board October 4, 1974 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Reginald Hudson a/c Brody & Others Dear Mr. Wickham: At a regular meeting held October 3, 1974 the Southold Town Board of Appeals postponed decision on the above appeal for a variance for permission to construct docks and storage buildings on premises with insufficient width and area, until after its submission to the Planning Board. The property is located on the east side of Gull Pond Lane, Greenport, New York. It is the Board of Appeals opinion that this sub- division can be cut down to four lots which would avoid a major subdivision. If the Planning Board should view this application favorably each of the lots shall be covenanted to prevent residential use for all time. Yours truly, MarJorie McDermott Secretary February 3, 1975 Mr. Reginald Hudson 136 Front Street Greenport, N. Y. 11944 Dear Mr. Hudson: At a Board of Appeals meeting held on January 30, 1975 I submitted the Maps of Property surveyed for Claire Brody & Others. It is the opinion of the Board that you should submit separate applications for the lots on this property. Our next meeting will be held on February 27th, the legal notice of hearings will be sent to the newspapers on the 13th. Yours truly, Marjorie McDermott, Secretary W.T. Honings Gull Pond Lane Greenport, N.Y. 11944 Geuth®ld Town Beard of Appeale Town af ~authold ~outheld, New ~ork Gentlemen: ~here are eleven hones aloug Gull Pond L~d a~d, i~ object- Ang, I epea~ for all who could not appear. Those who could Bake it are here tolight. I al aura o~e of the Boat iaportalt couaideratio~l you have aa aalbere of our Board of Appeale are the environment, the ecology a~d pollution of the watere of the Town of $outhold. Gull Pond is a beautiful inlet with well cared for homee, neatly owned by retired people of which the Tov~ahi~ of ~outhold, I al aura, id proud. I al ales lure you realize the ~apact o~ the enviroale~t the granting of this exception will have on what ia now a beautiful woodlald -nd beautifull~ --inta4ned homee and ~ardene. You will be creatLng a ~00 foot shanty town. Whether you approach by road or water the docks and atora~e buildJ~ge requested will he a lot more than unsi~htly. They will give the impreaeion of shacks or out-houses. This water along this channel Is stagnant and not free ~mn4ng water. Rwnan &nd other wastes are now be~n~ brought out thru the channel through all of Gull Pond and directl~ to Greenport°a Town Beach rifht ~t the GardJ33era ~ay end of Gull Pond. Conoider~n~ the footage J~volved, nan~y boats w~ll be docking there with equal nalber of cars, truc~e and trailere ~erksd on or off the road with no land toilet facilities for ell these ~eo~le. ~nce Gpproved, however restricted, there will he no actuality to control the number of boats, cars, trucks, trailers and people with no toilet facilities or the possibility of rental el~ce to relatives and/or friends. With or without recompense, the result ia the W.T. Bonings Gull Pond Lane Oreenport, N.Y. -2- 11944 be already have an example of what ca" happen by this type of atora,e buildi~g, ,szabo amd black top for parki~ cars at the ]~orth end of this channel. I suggest each member of the ~d ~o ~d lee ~hat thi~ property loo~ like. ~e gentlem who o~ this ~d who, I believe, i8 alas in some w~ direct~ or ~directl2 related to the propert2 referred to ~ the piece for which a v~i~ce ia requested, ~ b~lkheaded his pro~rty at the ~orth end of ~ Pond c~l. ~ere ~e now fo~ ~t8 ~ ~e ~ater at ~e b~ead ~d t~ee more ~ l~d. He ~d a metal 8tor~e build~ erected ~d a gaze~. ~8t October d~g one of o~ ~ler ~d atoms both build~ga were wrecked ~d 8trewn ~1 over ~e ~o~d ~ong with all the equi~t ~ th~. ~ the w~ter the owner ~d a crew erect ~other me~ storage build~. The wrecked build~g ~d gazebo are still atre~ ~1 over ~e gro~d. If ~ia request is ~ted the ~lluti~ of G~i Pond ~d ~e To,n Beach will be ~crea8ed tenfold ~d yo~ ~viro~ent will 8uffer a terrific 8et-hck. Zincerely yours, c/c ~obert w. Tasker, ~q. $2~ ~aia Street Greenport, ~.¥. President, John H. Geideman 16 Osprey Nest Road East Marion, N.Y. 11939 Phone, (516) ~ ~ ---Secretary-Treasurer, Eric G. Koch ~ P.O. Bex 385 ~ 35 Snug Harbor Road CLEAVES POINT Greenport, N.Y. 119~ PROPERTY OWNERS Phone, (516) ASSOCIATION, INC. EAST MARION, L. I., NEW YORK February 25, 1975 Mr. Robert W. Gillispie,Jr. Chairman Board of Appeals Southold Town Main Road East Marion, N.Y. 11939 Dear Sirl The February 20th edition of "The Suffolk TAmes" carried the announcement of the rehearing of one amended application for a variance under Article IAI, Section 100-30 B-9 and Bulk Schedule, and the hearing of three applications for a variance under Article III, Section 100-30 B~9 and ~ Schedule, all submitted by Mr. Reginald Hudson a/c Claire Brndy and Others, to be heard before the Board of Appeals, Southold Town, Southold,N.Y.,on Thursday, February 27, 19~5. The location of the properties involved are on the East side of Gull Pond Lane, Greenport, N.Y~. Applications are made for a variance for permission to use certain lots for mooring docks and erection of storage b,tldings with insufficient widths and areas. As brought out at a previous hearing, the properties involved, due to the nature of the soil and ftll are not suitable for the erection of hemes nor the installation of cesspools. There is an additional question as to whether the soil condition w111 permit the installation of bulkheading. Certainly the erection of docks and p41~gs wt]] interfere with the ability of owners to the North to be able to reach their existing and any future berths! it w111 undoubtedly interfere with the usage of navigablo waters. This letter is written in behalf of the Cleaves Point Property Owners Association, Inc., a civic association representing about 40 Nome owners and lot owners along the adjoining and neighboring Dawn Lagoon, along Pond and other lot and homeowners in the Cleaves Point area, many with mooring lots on C*,1~ Pond. Almost all boats now moored in ~,~l Pond belong to homeowners and have their hemes along the C*,ll Pond area and use their sanitary fac~14ties in their hemes. Fordham Canal is a body of water, artificially created, about 80' in width and about 1400/1500' in length, flowing into ~,11 Pond. The normal tide rise is about 2 to 3 feet, and due to the width and length of the canal there is very little movement and flow of water, and is now most of the time a stagnant pocket of seaweed, seagrass and floating debris, depending upon the wind direction, to which there wtll be added sewage fram toilet facilities. Page 2 CLEAVES POINT PROPERTY OWNERS ASSOCIATION, INC. EAST MARION, L, I. NEW YORK The existing frontage of the properties involved is about 550 feet. This w~l permit basing between 15 and 20 boats depending upon their overall length The main objection of the Association to the granting of these variances is the fact that these lots wt]l be occupied by boats with people living on those boats throughout the boating season. With the n~-ber of boats involved it would in essence be a small marina in a residential area. These boats would discharge all h~an excrements and urine deposits into this narrow canal, which in our opinion would constitute and create a very serious health hazard. It would create a most unsanitary condition affecting the neighboring properties and the residents along Gull Pond. There are many people on Porztwho like to swim in the Pond! there are also ba~men and other folks who dig clams, go eeling and fish in the area involved. The Trustees have on several occasions provided seedclams as clams became too scarce, Obviously it is more than likely that the area ~ll bo condensed in so far as shell fishi~ is concwrned because of the pollution of the waters. The Chairman of the Board stated at a prior meeting held sine time ago that they would be required to obtain the approval of the necessary other gevermaental agencies. We have never been advised as to any applications therefor or heariv~s in connection therewith. We feel that these agencies should be consulted before granting or denying the requested variances. We respectfully bring these matters to your attention and make our feelings known so that the B~ard can be guided thereby. We would not like to see the canal converted into a marina and Gull Poad changed in character and environmental status by the pollution and other factors to the detriment of the homeowners along the Canal and Gull Pond and the marine l~ ~e in the area. / Respectl~,lly enbmitlt~l,x,/' Eric G. Kech, Secretary " 35 Snug Harbor Read Greenport, N.Y. llg~ c.c. to Robert W, Tasker,Esq., ~'25 Main Str.,Greenport,N.Y., To~n Attorney Mr. Daniel Larkin, Supervisor, Department of Environmental Conservation, State University of New York, Stony Brook, N.¥. 11795 -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 on-the north by Scott McBurney (Lot 11); on 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 iato 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 exceptign. 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 can~never 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. REGINALD HUDSON: They are all the same. The property has been cut down to four lots instead of five lots as originally planned. PUBLIC HEARING: Appeal No. 1954 - 9:45 P.M. (E.D.S.T.) Rehearing: Amended application of Reginald Hudson a/c Claire Brody & Ors, 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 moo~ing 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' 20" E 165' ~; East: 135' ~ on W/S Canal; South: along northerly line of Lot 12, Fordham Acres 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 othe~'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. I 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 n%umber 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 com~ercialTin 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 G~ll 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 this 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. HODSON: 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. 5outhold 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 quarters. 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 wide 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 30 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. 100-30 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 ~lding 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 pollution 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 n~ 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 700 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 somethiqg 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. T~E 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. HELM_ER 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: I~ 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. the p~esent 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? T~E CHAIRMAN: I think one of the things the Planning Board m~ght do would be to have a driveway created, and the applicants might 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 those 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 boats that have holding tanks do 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 boat pollutes our Gull Pond. That would do more than stopping more land from being used. If that land is made pretty, that would not detract; and if 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 would 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 Town 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 beings , they will pollute the water. MR. OSTLIN~: I would like to answer the Doctor. Visiting boats come from the outside and anchor overnight. It is a~most impossible to prevent that. Whether they have holding ~anks 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. This 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 no't 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 conjunction? 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 can,be 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 take 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 to 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. 2006) shall be known as LOT "C"; the northerly lot (Appeal No. 2007) shall be known as LOT "D"; all as shown on Van Tuyl survey dated January 15, 1970. LOT A - After investigation and inspection the Board finds ~-~-~-~applicant 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 "A" 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 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 -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 Con~issions. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2005 - 9:55 P.M. (E.D.S.T.) upon application of Reginald ~dson 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 66° 01' 20" E 170' ~; East 140' + west side Canal; South: S 66° 01' 20" West 165' + West: N 68~ 19' 00" W 140' + al6ng 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 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 "B" as shown on Van Tuyl's survey of January 15, 1970 and that t~is 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 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 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, 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. $outhold 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. That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions. Vo%e 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 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, (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' 0~" 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 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 "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 R~SOLVED, 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 ~oard. 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 ~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 (northerly lot), bounded North: Lot 11, Map of Fordham Acres-N. 66° 01'-20" E~ 165' +; East: 140' + on west side -- Canal; South: 66° 01' 20" W. ~70' + ; West ~1° 29' 10" W 140' + on East side Gull Pond Lane. Fee ~aid $15.00. $outhold 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. 1954), LOT "B" (Appeal No. 2005); LOT "C" (Appeal No. 2006) also 'applies ~9 ~is hearing concerning LOT "D" (Appeal ~o. 2007). LOT D - After investigation and inspection the Board finds that app-i~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 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. 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 excep~ion..shall be applied for from~khe Board of Appeals. Southold Town Board of Appeals -34- February 27, 1975 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. 5. 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. Print Key Output Page 1 5738SS1 V2R3M0 931217 SOUTHOLD 10/09/96 12:22:29 Display Device : DSP15 User : LINDAK PLll0-41 W5 *INQ* TOWN OF SOUTHOLD PARCEL MASTER FILE INQUIRY Address: MAIN ROAD/ROUTE 25 , #3590 APN: 1000 35 4 28.12 Parcel ID: Transaction Type: Eff Date: Description: SPL 4 Exception: 4/24/87 Exp Date: SPLIT PARCEL 99/99/99 1. L10340 P431 SPLIT 0.09 FROM PECONIC HOLDING -CANAL 10/09/96 12.22.18 20221 Cmdl-Prev Screen Cmd7-End Job Print Key Output Page 1 5738SS1 V2R3M0 931217 SOUTHOLD 10/09/96 12:22:52 Display Device ..... : DSP15 User : LINDAK PLll0-41 W5 *INQ* TOWN OF SOUTHOLD PARCEL MASTER FILE INQUIRY Address: MAIN ROAD/ROUTE 25 , #3590 APN: 1000 35 4 28.12 Transaction Type: TRA 2 Exception: Elf Date: 6/30/72 Exp Date: 99/99/99 Description: TRANSFER OWNERSHIP PROPERTY 1. L7204 P17 BISK & ORS TO GERMANSKY Parcel ID: 10/09/96 12.22.47 20221 Cmdl-Prev Screen Cmd7-End Job t~r~ ~ I,t~<~-- lO ' I Y