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HomeMy WebLinkAbout2032 LEl1ALNOTICE Notice of Hearings Pursuant to Section 'JRf/ of the Town Law and the proviSions of the Amended Building Zone Ordinance of the Town of Southold, New York, public 35 for pennission to erect fence over four (4) feet in height in front yard area. Location of properly: East side of Lighthouse Road, Southold, New York, bounded on the' north by L.r. Sound; east by D. Anderson; south by D. Anderson; west by Lighthouse Road. 8:10 P.M. (E.D.S.T.) upon application of Thomas Yasso d-h- a Willston Beverage, Inc., Main Road Mallituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100.70 and Bulk Schedule for pennission to construct ad- dition with reduced sideyard area and to cover more than permitted lot coverage. Location of properly: south side of Main Road (Route 25), Mattituck, New York, bounded on the norlh by Main Road; east by H.E. Kan-- der; south by L. Alger & L. Lyndsey; west by L. Lyndsey. 8:25 P.M. (E.D.S.T.) upon application of George Ahlers Builders, Inc., 250 Cox Lane, Cutchogue, N.Y. a-c Myles and Barbara Hart, 23 Crossby Road, Huntington, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for pennission to construct ad- dition to existing dwelling with insufficient front yard setback. Location of properly: Private Road off W-S of Private R.O.W.- Camp Mfueola Road or Reeve Ave., Mattituck, New York, bounded on the north by Folly Beach Limited; east by P. Kelly; south by Private Road off W-S Private R.O.W.-Camp Mineola Road or Reeve Ave.; _t by Folly Beach Limited. 8:35 P.M. (E.D.S.T.) upon application of James Lynam, 380 SolUld Avenue, Peconic, New York for a variance in ac- cordance with the Zoning Or- dilOance, Article III, Section 100- 30 and Bulk Schedule for per- mission to construct addition with insufficient sideyard area. Location of properly: north side of SOlmd Avenue, Peconic, New York, parts of lot numbers 7&8 of "Peconic Shores" Subdivision. 8:50 P.M. (E.D.S.T.) upon application of Harold Stetler, 27 Mindres Avenue, Brentwood, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30, Subsection B 9 (a) for permission to use property for dockage and mooring privileges for small boats as an accessory use. Location of properly: E-S Gull Pond Lane, Greenporl, New York, (southerly lot), bounded Norlh: N 66 degrees 01' 20" E. 165;!;; East: 135j; on W-S Canal; South: along northerly line of Lot 12, Fordham Acres S 60 degrees 54' 3O"W.188'j;-; West: along E-S Gull Pond Lane N. 68 degrees 19' 00" W. 88.9' & N 43 degrees 00' W. 51.51'. 9:10 P.M. (E.D.S.T.) upon application of Jonathan Visel, 14755 Soundview Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to construct front yard fence over four (4) feet in height. Location of property: north side of Sound- view Avenue, Southold, New York, bounded on the north by O. Lindermayer; east by J. Bitses; south by Soundview Avenue; west by Private Road-Hyatt ROad. 9:20 P.M. (E.D.S.T.) upon application of George Ahlers, 250 Cox Lane, Culchogue, New York _ _ <ou,n,___ ...._.u. _ _..'. siiiioik c;,~iiMap N~:.86i.. 9:35 'P.M. (E- n.S.T.) upon application of LJ, ferry, Main Road, Orient, New York for a special. exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B 8 (a) for permission to renew farm labor camp permit. Location of properly: south side of Main Road, Orient, New York, bounded on the north by Main Road, east by S. Koroleski, R. & H. Latham, south by Hallock Bay, west by E. Latham. Any person desiring to be heard on the above appeal should ap- pear at the time and place above specified. DATED: APRIL 17, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ITA24 i. ~OUNTY OF SUFFOLK, :;TATE OF NEW YORK. 1 f' J . .:.t:i}?T.t:; .9..,. -t)~ says that ... .be. is Printer WEEKLY TIMES. a newspape county: and that thE' notice. 0 copy, has been published in once in E'Qch week, far . sllCceSSiVEoly oommencing on day of .. cAn:r:i.l"',> .. ;c::v;7;-~,- Sworn to before me this .. Qh__j) day of .. ......... y.~. {'; . . . . . . . . . . i. .- LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town law and the provisionsofthc Amended Building Zone Ordi- nance of the Town of Southold. New York. public hearings ~i11 be held by the Zoning Board of Appealsofthc Town of South old. at the Town Office, Main Road. Southold, New York. on May 1. 1975 on the following appeals: 8:00 P.M. (E.D.S.T.) upon ap- plication of Donald Arcuri. 60 E. 4th, Street. Patchogue. New York' for a variance in accordance with the Zoning Ordinance, Article III, Section lOO-35 for permission to crect fence over four (4) feet in height infrant yard area. Location of property: East side of Light- house Road. Southold. New York. bounded on the, north by L.l. Sound. cast by D. Anderson. south by D. Anderson. west by Light- house Road. 8:10 P.M. (E.D.S.L) upon ap- plication of Thomas Yasso d/b~a Williston Beverage, Inc., MaIO Road. Mattituck, New York for a variance in accordance with the COUNTY OF SUFFOLK STATE OF NEW YORK t ss: j Sherley Katz. Deing duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and thot the notice of which the annexed is a printed copy, has been published in said Lang Island T raveler-Mottituck Watchman once each week far ............([)-4{.:L......../../!......'ZZ wee~ successively, commencing on the ......,......,d{t:........~.......... day of .............G~~,.(j? 19,2':t ..... ....,/.b ...'....,.. .~..'.... .-/...... ./.::. .../..,:;,...... ..... .... Zoning Ordinance, Article VII, Section 100.70 and Bulk Schedule for permission to construct addi- tion with reduced s!deyard area and to etlver more than permitted lot coverage. Location of property: south side of Main Road (Route 25), Mattituck New York, bounded on the north by Main Road; east by H.E; Kander; south by L. Alger and L. Lyndsey; west by L. Lyndsey 8:2S P.M. (E.D.S.T.) upon ap- plication of George Ahlers Build- ers, Inc., 250 Cox Lane. Cutch- ogue. N. Y. ale Myles and Barbara Hart, 23 Crossby Road, Hunting- ton. New York. for a variance in accordance with the Zoning Ordi. nance. Article III, Section 100-30 and Bulk Schedule for permission to construct addition to existing dwelling with insufficient front yard setback. Location of property: Private Road off W IS of Private R.O. W. . Camp Mineola' Road ~r Reeve Ave., Mattituck, New York, bounded on the north by Folly Beach Limited; east by P. Kelly; south by Private Road off W IS Private R,O.W. - Camp Mineola Road or Reeve Ave.; west by Folly Beach Limited. 8:.15 P.M. (E.D.S.T.) upon ap- plication of James Lynam. 380 Sound Avenue, Peconic, New York for a variance in acordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to construct addi- tion with insufficient sideyard area. Location of property: north side of Sound Avenue, Peconic, New York. parts of lot numbers 7 and 8 of "Peconic Shores" Sub- ,e division. 8:50 P.M. (E.D.S.T.) upon ap- , plication of Harold Stetler. 27 MindrcsAvenue, Brentwood, New ~ York for a spe\.:ial exception in I. accordance with the Zoning Ordi- n nance, Article III, Section 100-30, e Subsection B 9 (a)lor permission to ~ use property for dockage and /l mooring privileges for small boats P as an accessory use. Location of /I. property: E/S Gull Pond Lane, It Greenport, New York. (southerly I~ lot), bounded North: N 66'0 01. 20'. E. 165:t; East: 135-1: on W/S Canal; South: along northerly line of Lot 12, Fordham Aeres S 600 54' 30" W. 188't: West: along E/S Gull Pond LaneN. 68019' 00" W. 88.9' & N 43000" W. 5I.SI'. 9:10 P.M. (E.D.S.T.) upon ap- plication of Jonathan Visel, 14755 Soundview Avenue. Southold, new York for a variance in accordance with th~ Zonin~__<?.r_d~nance. Arti:le Zit - Sworn to before me this ......2/)......... day of .........OIU/t, 19Z?~. /\ '; '! /") .......".......lj.:if~:/!t,~.14r;VL......... P~E!_[ rr,'/:!E Not~ry :V ' ~:'" c:f ~:e\'l Yotl? r;;:s:.' :~'CLi;i:Y Comm:ss:c:, ~.':; I;:::: r~~r,_i1 30, 1977 Southold Town Board of Appeals -19- February 27, 1975 o--v-O -3 L- - L/ - R . / J T J-.J -)_ 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 alc Claire Brody and Others. THE CHAIRMAN: All of the testimony that is taken on the first application will also apply to the other three applications. All of these applications are approximately the same. The proposal is to divide up some filled property into approximately one half acre lots, in order for the owners to obtain some use for their property, which all Boards are pledged to defend. It was suggested that these four lots might be created with a view to using them solely for accessory residential use which is a permitted use for all of you under the present Ordinance, by special exception. In other words, the applications before us tonight will have to be further qualified by special exception. This is what has occasioned the large attendance here tonight. The proposal is.to create these four lots and to covenant them by agreement filed in the County Clerk's Office that they 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 alc 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: EIS Gull Pond Lane, Greenport, New York (southerly lot), bounded north: N 66001' 20" E 165' +; East: 135' + on W/S Canal; South: along northerly line of Lot-12, Fordham Acres S 600 54' 30" W 188' +; West: along EIS Gull Pond Lane N 680 19' OOW 88.9' & N 430 DO' W. 51.51'. ,_....,_..~,,~~~,--"."-~.,...." . Southold Town Board of Appeals -20- February 27, 1975 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: We went over the whole subdivision this afternoon. These lots would be larger than most other' lots in the vicinity. The survey shows the proposal for all four lots. '~his 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 number of boats that can be anchored here because of your pollution problems, and because these lots are under 40,000 square feet in area. The Board will probably require that no more than two boats be anchored off these lots. You can't put anything commerciil'in a residential area. The rest of you are permitted to have your own boats plus two others. We had an application from Orient where a man had 18 or 20 boats and he said they were all his, and that it was not a marina. So, in order to offset the possibility of somebody buying one of these lots and mooring a half dozen boats there, we will restrict the number of boats allowed. This is some of our thinking. We are required to allow a man to use his property. We have to find a use for this land. All courts say a man should be able to use his property. What is proposed here is an accessory use. . We have received a letter from Mr. Eric G. Koch, Secretary of the Cleaves Point Property Owners Association, a civic association representing about 40 homeowners and lot owners . along the adjoining and neighboring Dawn Lagoon, along Gull - Pond, and other lot and homeowners in the Cleaves Point area. Southold Town Board of Appeals -21- February 27, 1975 Mr. Koch pointed out that"the main objection to the granting of these variances is the fact that these lots will be occupied by boats with people living on those boats through- out the boating season. With the number of boats involved it would be in essence a small marina in a residential area. These boats would discharge all human excrements and urine deposits into 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 ale Claire Brody & Others. (Letter in file). THE CHAIRMAN: I will be glad to turn the floor over to anyone who wishes to speak for this application. MR. HERBERT ZIEGLER, Cleaves Point Property Owners Association: Perhaps I can save everyone some time. I am an attorney and there is no question in my mind that you made a proper statement. There is one question that occurs to me. I have not been able to ascertain whether these contracts are contracts subject to obtaining a variance or whether the property has been conveyed. MR. REGINALD HUDSON: Some people still own them. MR. ZIEGLER: Do these owners have Deeds recorded? MR. HUDSON: This was known as Fordham Acres, and they conveyed the property. MR. ZIEGLER: I am also cognizant of the fact that you can make severe restrictions. I think this thing can be amicably settled. I would like to propose that the Board take it upon themselves to restrict to one boat with livable quarters. There is a difference between that and a day sailer or an outboard. '"~.~~'~","",,,"_.."~.~...,,"~---~' "'.'- ..",~.,.-." . Southold Town Board of Appeals -22- February 27, 1975 THE CHAIRMAN: You are suggesting that there be no more than one boat anchored at each lot with living quarters? Then, we get into what is considered to be living 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 holding tanks. People will visit them, cars will be parked along the road, there will be shacks built, but our main concern is pollution. MRS. SCOTT McBURNEY, Gull Pond Lane, Greenport, N. Y.: It's already there. MR. KOCH: We don't want any more of it. Southold Town Board of Appeals -23- February 27, 1975 MR. ZIEGLER: It empties into Gull Pond. It's a much wider body of water. The Town has seeded with oysters. We are concerned with 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 no' objection to the word "dockage". MR. WALTER HONINGS: There are two things that we are objecting to that we would like to see avoided. Up at the .end of the channel you have a situation that we are afraid will be repeated on each of these lots. At the far end there is one piece of property with four boats set perpendi- cular to the end. If that is done for 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 something substantial that would not blow away. Most of these outbuildings that are put up will blow away unless you anchor them. MR. V. GERMANSKY: The company from whom I bought that gazebo said it would stand winds of up to 100 miles per hour. We have replaced it. I don't think anything will blow this thing down. Mr. Honings made the comment that the gazebo is still there. It is but I do want to save those panels. I would like to have the time to replace them. THE CHAIRMAN: We don't have the authority to tell you what to do with a building that fell down. MR., HONINGS: We are really trying to protect our.selves 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 ~oard of Health, not to us. MRS. McBURNEY: There is an odor all around my boat. MR. RALPH CROAKHILL: I am the second house in. We have had the water tested. There is no pollution. Our children swim there. I own the houseboat up there, I have a holding system. I have one friend and he has a holding system. This has been going on for ten years. There is an algae that's formed by nature and is not polluting. MR. HELMER KENT, Cleaves Point Property Owners Assoc.: We are primarily concerned with ecology. It will be up to D.E.C. to give final approval on this. There is no way of putting in a sanitary system. Unfortunately, an ordinance on holding tanks is no longer in force, it~s been eliminated. If you get a half dozen boats there without holding tanks, it will create a pollution problem. MR. BOB HAMILTON, Bayrnen's Association: I am President of the Bayrnen's Association. Our Association is opposed to any mooring or any more houseboats in the area because right now Gull Pond is a good area for clams. We think people have a right to use their property but not to expand where they will create more pollution, and if someone is living on a boat they will pollute. Things get thrown overboard. MR. VICTOR OSTLING, Cleaves Point Property Owners Assoc.: I also live on Gull Pond. I have had most of my questions answered but may I look at the map? THE CHAIRMAN: Yes, you may. MR. OSTLING: Is this four individual owners, or one owner? THE CHAIRMAN: A group owns it. MR. OSTLING: Is this property in the name of that group? THE CHAIRMAN: They want to make it four lots and sell it. At the present time it's not four lots. Southold Town Board of Appeals -25- February 27, 1975 ! MR. KOCH: If it were restricted to one livable boat, we would not object. MR. HONINGS: Would it be possible to put something into the approval, something to the effect that this land would be made to look presentable rather than to have a lot of trucks and cars parked there? THE CHAIRMAN: I think one of the things the Planning Board might do would be to have a driveway created, and the applicants miggt 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: their property. We over us. It's automatic in order for them to use don't have any power over them or they 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 CHA!~: How they get on and off is immaterial to------ this hearing. . y 27,1975 Ild Town Board of Appeals -26- February 27, 1975 ~. M. RAUSCH: I live on one of the boats on the end. Ls no pollution. pollution is more important to us, ,e of us who live on a boat, than to those who live )use. We seem to have the means to limit to one ~r property, and I want to discuss these specific ~ndations, butI_do~'t believe pollution comes from Twenty boats that ~ave holding tanks do not cause ion. I don't know if you can limit to holding tanks. " we all have the same aims in common; We can do it { and morally. We can see that no boat pollutes our Jnd. That would do more than stopping more land from Ised. If that land is made pretty, that would not ~; and if boats are there that don't pollute, we will ~e gained our aims. 1e Town a satis- Lr boats Ld not ~e they r. rnight. hey have Town R. KOCH: How could you control it? '1 people ,udes o purchase uld be given stab1ished at would 'e lots I HE CHAIRMAN: I think Dr. Rausch has a wonderful idea is is not the time to discuss it. R. KOCH: If they don't have bulkheads, how would they eir boats there? ion have r own. R. STEVEN GERMANSKY: There is a question of navigable That is a dead-end thing. The largest boat I know of 2 foot boat. That can turn around in a space of 45 feet. ble R. SCOTT McBURNEY: I have been there for seven years. Id not complain if they conformed to the residential of their property but we would not want to see a lot rage buildings put in there. It would deteriorate our ty. If we have too many boats it would obstruct s and egress. I ite , i ~racter a. A. TYRRELL: I belong to the Southold Town Baymen's ation. I want to support my President. We passed a mous vote against anything that would interfere with We are concerned with the natural biological growth. 'HE CHAIRMAN: These people can use their property and are accessory uses by right. foot )ats I L1 -pond. ;ociation? l house ffi. TYRRELL: From a Bayman's viewpoint you are taking .ng away. This is a livelihood. My position is that I ;upport my President. property. used in ught from ted a. It is It can Ibe ! 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 "Cn; 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 ~hat 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 -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. OSTLING: I would like to answer the Doctor. Visiting boats come from the outside and anchor overnight. It is almost impossible to prevent that. Whether they have holding tanks or not, I don't know. '. THE CHAIRMAN: You might take that up with the Town Board. MR. THEODORE VAN HYNING: I do believe that all people are entitled to the use of their land and that includes present owners who have put in considerable money to purchase in a residential area. I do think some thought should be given to this. 'I think that the people who are already established here have some rights also. This is a situation that would detract from a residential area, 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~ 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 beam anchored there. on that side too. could not have a boat with a 12 foot They could moor another two boats 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 CHAIID~: This is a jointly owned piece of property. L 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 -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 ale 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: Gillispie, Grigonis, Hulse, Doyen. * * * PUBLIC HEARING: Appeal No. 2005 - 9:55 P.M. (E.D.S.T.) upon application of Reginald Hudson ale 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: EIS Gull Pond Lane, Greenport, New York, (south center lot), bounded North: N 66001' 20" E 170' +; East 140' + west side Canal; South: S 660 01' 20" West 165' +- West: N 680 19' 00" W 140' + along east side Gull Pond Lane.- Fee paid $15.00. Southold Town Board of Appeals -30- February 27, 1975 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. (All 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 _0 After investigation and inspection the Board finds that 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 "B" as shown on Van Tuyl's survey of January 15, 1970 and that this lot is substantially in excess or equal in size to other lots in the subdivision; and that the Board of Health and the Planning Board have indicated that this lot is not suitable for residential use. However, it is the obligation of the Board of Appeals to permit the applicant to use his property for the most reasonable use under the Zoning Ordinance which, in this case, iSi: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. Grigonis, seconded by Mr. Gillispie, it was RESOLVED, Reginald Hudson alc 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: 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. -~"~~."""--'-"--'"'''~'''~''''-'-'''''''-~'--'-'''' Southold Town Board of Appeals -31- February 27, 1975 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. 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 ajc 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: EjS Gull Pond Lane, Greenport, New York, (north center lot), bounded on the North: N 660 01' 20" E 170' +; East 140' + along Wjs Canal; S. 660 01' 20" W. 170' +; West N 680 19' 00" W. 91.24' and N 6P 29' lOW 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. (All 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 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 "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. J , --"~,,,",","~-'''~--''- --"'~.."-"''''-'~.''' ......'.~.... ~.~":. r-......, ...,;. \ "",,,,"; , . , .. ,', "" ..~ Southold Town Board of Appeals -17- May 1, 1975 ( PUBLIC HEARING: Appeal No. 2032 - 8:50P.M. (E.D.S.T.) upon application of Harold Stetler, 27 Mindres Avenue, Brentwood, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30, Subsection B 9 (a) for permission to use property for dockage and mooring privileges for small boats as an accessory use. Location of property: E/S Gull Pond Lane, Greenport, New York, (southerly lot), bounded North: N 660 01' 20" E. 1,65f; East: 135+ on W/S Canal; South: along northerly line of Lot 12, Fordham Acres S 600 54' 30" W. 188' +; West: along East side Gull Pond Lane N 680 19' 00" W. 88~9' & N 430 00' W. 51.51'. Fee paid $ 15. The Chairman opened the hearing by reading the legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: For the benefit of the Board and Mr. Stetler a variance was granted on February 27, J975 which created this lot, 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. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. STETLER: with the Department also applied to the We have a hearing set for the end of June of Environmental Conservation. We have Army Corps of Engineers. c THE CHAIRMAN: Have covenanted agreements been filed with the County Clerk's office? c o Southold Town Board of Appeals -18- May 1, 1975 (, MR. HAROLD STETLER: Yes. THE CHAIRMAN: In the original variance which created the size of these lots we did not discuss the size of a building. A building about the size of a two car garage would be about right. will it just be used for storage? MR. STETLER: Yes, we just have two boats. MRS. STETLER: We are not bulkheading. THE CHAIRMAN: I don't believe that that is a concern of this Board. I would think you might have to see the Trustees before you put in stakes. MR. STETLER: Putting stakes out comes under the Army Corps of Engineers. Even if you own 20 feet out in the water it comes under the Army Corps of Engineers. ( THE CHAIRMAN: I would suggest you get in'touch with the Town Trustees too before you put in the stakes. The Trustees are maintaining that under the original patents from the King that jurisdiction was given to them for land under water. They are quite aware of their authority. MR. L. RUTKOWSKI: Although it's man-made it still comes under the jurisdiction of D.E.C. THE CHAIRMAN: These are just two personal pleasure boats. Do you have any smaller boats?' MR. STETLER: I have a dinghy about 5' long and 3' wide. MR. FRED HULSE: Did you get rid of your outboard? MR. RUTKOWSKI: Yes. THE CHAIRMAN: Legal counsel believes this should be limited to exactly what you are asking for. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) <... After investigation and inspection the Board finds that applicant requests permission to use property for dockage and mooring privileges for small boats as an accessory use on property located on the E/S Gull Pond (southerly lot), Greenport, New York. The findings of the Board are that applicant is aware that this lot may never be used for residential use and the proposed site plan appears to be well suited to the lot. The applicant proposes to dock no more than two pleasure boats. The applicant understands c o Southold Town Board of Appeals -19- May 1, 1975 r l that this is for non-commercial use only. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED Harold Stetler, 27 Mindres Avenue, Brentwood, New York be GRANTED tentative approval only to use property for dockage and mooring privileges for small boats as an accessory use on property located on the E/S Gull Pond Lane (southerly lot), Greenport, New York, Subject to the following conditions: 1. That the accessory building to be erected shall be no larger than 24' x 24'. It shall be no closer than 25 feet to any lot line a~d at least 25 feet from mean high water, and at least 50 feet from Gull Pond Lane. ( 2. No personal property may be stored anywhere on the premises except in the storage building. 3. Dockage and mooring facilities shall be limited to the accommodation of not more than two non- commercial pleasure boats which shall be no larger than 42 feet in length. 4. This application shall be subject to all applicable Federal, State, County, and Local laws and regu- lations. 5. This application shall be subject to Site Plan approval of the Southold Town Planning Board. * * * ( PUBLIC HEARING: Appeal No. 2033 - 9:10 P.M. (E.D.S.T.) upon application of Jonathan Visel, 14755 Soundview Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, section 100-35 for per- mission to construct front yard fence over four (4) feet in height. Location of property: north side of Soundview Avenue, Southold, New York, bounded on the north by o. Lindermayer; east by J. Bitses; south by Soundview Avenue; west by Private Road-Hyatt Road. Fee paid $ 15. . July 17, 1975 Mr. Reginald Hudson Reg Hudson Realty 136 Front Street Greenport, N. Y. 11944 Dear Mr. Hudson Rei Appeal No. 2032 - Harold SteUer A hearing was held on this appeal on May 1, 1975. At that time Mr. Stetler said that he had an appoint- ment with the Department of Bnvironmental Conservation for a hearing near the end of June. I have written to Mr. Stetler but as yet have had no reply. As soon as we receive approval of D.B.C. for this application, we will send the application to the suffolk County Planning Commis.ion. Upon receipt of their recommendations the Board of Appeals will be ready to grant final approval, if approval is granted by D.B.C. & _he Planning Commission. I don't believe there is time to fit this in on our Agenda for our next meeting which is July 24th as even if tha D.E.C. approval is received it would still have to be sent to the County. The following meeting will be on August 14, 1975. Yours truly, IIIl11\ Marjorie McDermott Secretary t May 28, 1975 Mr. Harold Stetler 27 Mindres Avenue Brentwood, N. Y. 11717 Dear Mr. Stetler: At our last meeting the Chairman of the Board of Appeals asked me to write to you to see how you are progressing with the Department of Environmental Conservation. As soon as you have their approval we will send your application to the Suffolk County Planning Commission and upon receipt of their review, we will be in a position to make final approval. Yours truly, :mm Marjorie McDermott Secretary