Loading...
HomeMy WebLinkAboutZBA-05/24/1979 L T Southold Town Board of Appeals �• �! ��p� SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD" M I N U T E S MEMBERS ROBERT W.GILLISPIE,JR.,CHAIRMAN Southold Town Board of Appeals CHARLES GRIGONIS,JR. SERGE DOYEN,JR. May 24 , 1979 TERRY TUTH ILL ROBERT J.DOUGLASS A regular meeting of the Southold Town Board of Appeals was held at 7 :30 P.M. (D.S .T. ) Thursday, May 24 , 1979, at the Town Hall, Main Road, Southold, New York. There were present: Messrs : Robert W. Gillispie, Jr. , Chairman; . Charles Grigonis, Jr. ; Serge Doyen, Jr. ; Terry Tuthill and Robert J. Douglass. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that the Southold Town Board of Appeals approve minutes for the May 3 , 1979 , meeting. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass . On motion. by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that the recessed hearing on Appeal No. 2539, Vincent M. Annabel be recessed again until 7 :30 P.M. on June 14 , 1979., dub to the fact that the necessary survey work has not been completed. Vote of the Board: Ayes : Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2547 - Upon application of Thomas and Jacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oakdale, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to construct a dwelling with insufficient front yard and insufficient rear yard. Location of property: Lot No. 28 on Map of Corey Creek Estates, Southold, New York. The Chairman opened the hearing by reading the application for a ' SOUTHOLD TOWN BOARD OF APPEALS . -2- May 24 ,' 1979 variance to the Zoning ordinance, 'legal notice .of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read. a letter from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Ebler. Fee paid $15. 00Fa THE CHAIRMAN: 'Is there anyone present who wishes to speak for thisi=,application? Is there anyone on the Board who would like to speak for this application? MR. TUTHILL: I would like to know if we have a copy of the letter from DEC. THE CHAIRMAN: No, we do not. MR. TUTHILL: I would like to know also if the applicant applied for a building permit inasmuch as he has the footings in already. . THE CHAIRMAN: Are you Mr. Occhogrosso? We just read the application. Mr. Tuthill has, just asked if we have a copy of the letter from DEC telling us about their approval. Do you have that letter with you? MR. OCCHIOGROSSO: No. My wife handled all of this. I do not think I have the letter with me. She could not make it tonight. THE CHAIRMAN: No, this is part of the application. MR. OCCHIOGROSSO: Then I do not have it with me. THE CHAIRMAN: Is there anyone wishing to speak against this application? (there was no response) . Are there any questions anyone would like to ask? Did you talk to DEC? MR. ,OCCHI;OGROSSO: ., We, went to Stonybrook. THE CHAIRMAN: And you have a letter from them? MR. OCCHIO.GROSSO: Yes, they approved this location.. Mr. Hajes approved the location. MR. TUTHILL: Do you have it in writing? MR. OCCHIOGROSSO: At home. MR. TUTHILL: Where you can build and what the restrictions are for the building? MR. . 000HIOGROSSO: Yes. THE CHAIRMAN: We do not think this is a good location. We will want approval from the Town Trustees, ' a copy of the DEC letter or permit, and Board of Health Approval for the water and sewage. One other question I wanted to askeyou is if you got. a building permit to put those footings .' SOUTHOLD TOWN BOARD OF APPEALS -3- May 24 , 1979 in? MR. OCCHIOGROSSO: Yes sir. THE CHAIRMAN: What did they say? MR. OCCHIOGROSSO: They told me I needed a variance for a 36 foot setback instead of the 50 foot required setback. THE CHAIRMAN: I do not think we are concerned- as much about the setback as we are the wetlands and where you are going to pour concrete between those forms. We can pick up the muck. MR. DOUGLASS : It is all meadowland. THE CHAIRMAN: Beautiful meadow with a lot of straw in it. You are really going to pour concrete on that? MR. OCCHIOGROSSO: Yes sir. I have permission. THE CHAIRMAN: We will want to see permits from the three agencies that we mentioned before. MR. OCCHIOGROSSO: From the DEC? I have that. THE CHAIRMAN: Yes, from the Town Trustees, because we feel that, is wetlands . Then approval from the Suffolk County Board of Health. I think we feel this should be rejected because of its location on the wetlands. We will pass a resolution denying -. the application without prejudice, then if you can obtain the three permits, we will rehear the application and approve it. MR. OCCHIOGROSSO: I can appeal again though, can't I . THE CHAIRMAN: Yes. This is the worst one I have ever seen. MR. OCCHIOGROSSO: It did not look that bad to me. MR. DOUGLASS : We have pictures and it i§ real wetlands. MR. OCCHIOGROSSO: You probably took them on a bad day. MR. DOUGLASS : No. You can't walk across it without going down a foot. THE CHAIRMAN: Everywhere you had two concrete blocks on top of each other, they had started to sink. Did you buy this property? How long ago did you buy it? MR. OCCHIOGROSSO: I own it. I bought it two years ago. MR. DOUGLASS : Why did you put those footings in. MR. OCCHIOGROSSO: I had two weeks vacation and thought I would get a head start. I did not mean any harm by it. ' SOUTHOLD TOWN BOARD OF APPEALS -4- May 24 , 1979 After investigation and inspection the Board finds that the applicant is the owner of a parcel of land on Corey Creek Lane in Southold which appears to be mostly wetlands. ' It consists of meadow- land with straw. When members of the Board walked across the land, their shoes sunk into the ground. The cement blocks that are presently on the land are also sinking. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will change the character of the neighborhood and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass , it was RESOLVED, that Thomas and Jacqueline Occhiogrosso , 77 Vanderbilt Boulevard, Oakdale, New York, be DENIED permission_ to construct a dwelling with insufficient front and rear yard setbacks, without prejudice. Loca- tion of the property: Lot No. 28 , on map of Corey Creek Estates, Southold, New York. Vote of the Board: Ayes : Messrs : Gillispie, Grigonis , Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2546 - Upon application of Elsie Mastrosimone and Richard Kurt Mastrosimone, residing at Inlet Lane, Green- port, New York (Frederick J. Tedeschi , Esq. ) for a variance in accordance with the Zoning Ordinance, Article III , Section1100-30 and Bulk Parking Schedule for permission to divide property with insufficient width and insufficient area. Location of property: Inlet Lane, Greenport, New York, bounded on the north by Clempner; east by Gull Pond; south by Conant; west by Private Road. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to : Margareth D. Clempner and Miriam B. Conant. Fee paid $15 . 00 THE CHAIRMAN: The applicant attached two tax bills to his appli- cation for these two properties. I do not think these have very much relevance to the record;, but I am just curious why one is $280. 00 and the other is $2 ,100 . 00. They are more or less equal in size. This seems like quite a disparity. FREDERICK TEDESCHI : Are you referring to the tax bills? One is for the lot which has a house on it and the other is vacant land. THE CHAIRMAN: Even so, wouldn't you think the one without the house would pay a little more than $284 . 00 a year? "50UTHOLD TOWN BOARD OF APPEALS -5- May 24 , 1979 MR. TEDESCHI : It is assessed, for 1300. The house and land is assessed for, 9800. THE CHAIRMAN: (The Chairman read into the record two letters in favor of the, division: ' Margareth D. Clempner and Miriam B. Conant.' There is also a letter in the file from Maria Grzenih 'objecting to the variance:) Did anyone reply to that? THE SECRETARY: George did. , . THE CHAIRMAN: The applicant merged two parcels of land inadver- tently in an area where parcels similar to these or smaller already exist. Is there anyone present who wishes to speak for this, application? MR. TEDESCHI : ' I am ready 'to speak for it, Mr. Chairman. Other to confirm what you have read, and to point out in 1972 the property adjacent on the .south• owned by .Mr. Conant was; divided into a parcel similar and probably a little smaller than ours. I won't belabor your time because all . of my points were the ones you read. I' just move for the application. THE CHAIRMAN: It sound-s like someone made an effort to inform the neighbors . I think that is one .of the things that causes a lot of the confusion in these applications.- . Is there anyone else who wishes to speak for this application? (there was no response) . Is thete any- one who wishes to speak against this application? (there was no response. ) Does anyone have any questions? One question I .had deals with the rather unusual way the property extends to Gull Pond. All of the new lot is apparently, going to encompass the waterfront property. MR. TEDESCHI : No, I don't believe so Mr. Chairman. THE CHAIRMAN: Maybe I don't understand it then. The way this is drawn. Mrs- Mastrosimone is not going to have any waterfront. MR. TEDESCHI : No, I don't think the Suffolk County Tax Map is accurate. If you will look at the survey, you will . see. how it will be divided. In fact the house has a float going right to the water. MR. DOUGLASS : There is a post dock there. MR. TEDESCHI : This survey shows the .actual contour of the land as it is. now. The 'two lots will have about the same amount of land. THE CHAIRMAN: So the division will go right to the water? MR.. TEDESCHI : Oh yes. THE CHAIRMAN: Each lot will have 100 feet of road frontage and 200 feet of depth. MR. TEDESCHI : They will each have about' 21.,000 square feet, plus the irregular shoreline. I think I figured out that the resulting lots will be larger than 20 other lots in the area, in both square footage and frontage. "SOUTHOLD TOWN BOARD OF APPEALS -6- May 24 , 1979 THE CHAIRMAN: I think the Board should show that there is public water there. MR. DOUGLASS : Do you want to add that side line suggestion? THE CHAIRMAN: I don't think we need it there because the driveway is also on that side. After investigation and inspection the Board finds -that the applicant is the owner of a parcel of land containing approximately 42 ,000 square feet. She desires to divide the land in half and each of the newly created lots would contain 21 ,000 square feet which is larger than approximately 20 lots in the surrounding area. 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 the 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. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that Elsie Mastrosimone and Richard Kurt Mastrosimone, , residing at Inlet Lane, Greenport, New York, be GRANTED permission to divide property with insufficient width and area as requested. Location of property: Inlet Lane, Greenport, New York, bounded on the north by Clempner; east by Gull Pond; south by Conant; west by Private Road, upon the following conditions: (1) The house to be constructed on the newly created lot shall not be closer than 15 feet to the southerly side yard or 10 feet to the northerly side yard. (2) Suffolk County Planning Commission Approval. Vote of the Board: Ayes : Messrs : Gillispie , Grigonis, Doyen, "Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2545 - Upon application of Virginia Shector, 200 East. 16th Street, New York, New York, fora variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width and insufficient area. Location of property: Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek; east by Rein- hardt; south by Pine Neck Road; west by Norris and Prout. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a letter from the 'S'OUTHOLD TOWN BOARD OF APPEALS -7- May 24 , 1979 Town Clerk that notification by certified mail had been made to: William G. Norris and P. Reinhardt. Fee paid $15. 00. THE CHAIRMAN: The survey attached to the application indicates that the applicant ' s property is .478 feet-on the -easterly dimension, 432 feet on the westerly dimension and the proposed lot to bei-,set off will be 100 feet by 200 from the southerly side of the propertyton Pine Neck Road where the applicant has 112 . 03 feet of frontage. On the rear lot from Jockey Creek there exists an old, two story, frame house. The new lot to be created will have approximately a half acreaof property. The remaining lot will have about 30 , 000 square feet. Is there anyone present who wishes to speak for this application? VIRGINIA SHECTOR: I would like to add that I had planned on retiring in about two years and wanted to be able to build a small dwelling on this lot to be created. THE CHAIRMAN: You wish to buildion the parcel abutting Pine Neck Road? Then did you plan on selling the other part? MRS . SHECTOR: I plan to rent that house as a summer rental and plan. on continuing to do that for a number of years. Presently I own a house on Mill Creek, but I made some errors in judgment in building it and find that having a two story home without a garage is physically exhausting so I want to build a ranch in an area that is closer to the Village. THE CHAIRMAN: I think we counted 15 to 16 undersized lots directly adjoining and to the west of you, which certainly indicates that you would not be setting a precedent. The current zoning requirement is 40, 000 square feet. What you appear to have here is to create one lot with 25, 000 square feet and another with 20 ,000 square feet, but you are doing it in area where many of the lots are much smaller. Aside from the lot directly adjoining you which is 1. 8/�Rgegrea has several smaller lots to the east of you also. Is there anyone else who wishes to speak for this application? MRS . SHECTOR: I have spoken to Mr. Reinhardt, my neighbor to the east who owns the 1. 8 acre parcel of property, and he says he has no objections to what I am doing. THE CHAIRMAN: It looks quite wild there. MRS . SHECTOR: It is. It needs to be cleaned up. THE CHAIRMAN: How long have you owned it? MRS . SHECTOR: About 2-1/2 years now. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (there was no response) . MR. TUTHILL: That is already a congested area, wouldn't you say? SOUTHOLD TOWN BOARD OF APPEALS -8- May 24 , 1979 THE CHAIRMAN: Do you have . a survey, Mrs. Shector? MRS . - SHECTOR: Not with me. Mr. Van Tuyl did the original survey when I purchased the property. THE CHAIRMAN: Could you please have Van_ Tuyl do a survey indicating the division of the lot::and:send us a copy for` _our files? MRS . SHECTOR: Yes . THE CHAIRMAN: What is the width of the right-of-way going to be? MRS . SHECTOR: I thought I would keep it 12. 03 feet so I would have an even 100 feet for the road frontage of the lot. ' MR. DOUGLASS : Don't 'cut it any narrower than that. MRS . SHECTOR: No I couldn't. MR. DOUGLASS : You couldn't get. any emergency equipment down there. After investigation and inspection the Board finds that the ap- plicant is the owner of a parcel of land containing 1. 2 acres. The proposal is to create a lot containing approximately 20 ,000 " square feet fronting on Pine Neck Road and the remaining parcel fronting on Jockey Creek which contains a two-story, frame dwelling will contain approxi- mately 25,000 square feet. To the east of this property there are numerous small, undersized lots. To the west there are approximately 16 undersized lots. The Board agrees with the reasoning of the appli- cant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is uni4.ue and would not be shared by all properties alike in the immediate vicinity of the 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. Giigonis, seconded by Mr. Douglass , it was RESOLVED, that Virginia Shector, 200 East 16th Street, New. York, New York, be GRANTED permission to divide property with insufficient width and insufficient area as requested. Location of property: Pine Neck Road, "Southold, New York, bounded on the north by Jockey Creek; east by Reinhardt; south by .Pine Neck Road; .west by Norris and Prout, upon the following conditions: (1) Applicant will submit a current survey showing the proposed division. (2) Approval of the Suffolk County Planning Commission. Vote of the- Board: Ayes: Messrs: Gil1ispie, Grigonis, Doyen, Tuthill and Douglass. SOUTHOLD TOWN BOARD OF APPEALS -9- May 24 , 1979 PUBLIC HEARING: Appeal No. 2549 - Upon application of Olof Nelson, 3 East 85th Street, New York, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to build a house with in- sufficient front yard setback. Location of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leeson; south by Private Road; west by West Harbor. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers,oand disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: Robert Leeson. Fee paid $15. 00 THE CHAIRMAN: The applicant has enclosed a survey of the property. This is redrawn-,,from a Map by Chandler and Palmer dated January 24 , 1978 . It is a plan of property to be conveyed to Olof Nelson. It can only be described as a rocky promontory and tidal marshes which extend between West Harbor and Fishers Island Sound in a northwesterly direction and access is obtained over, will be obtained, over a driveway to be created from a private existing roadway. We measured it to be 510 feet in length. The property is surrounded by wetlands on three sides. How high would you say this land is above the water. JAMES V. RIGHTER: It is about 8 to 9 feet where the house is. THE CHAIRMAN: How about when you get out to the point? MR. RIGHTER: The ridge runs along the same direction out into the water. MR. DOYEN: It goes to zero height there. MR. RIGHTER: On the upland it is 8 to 9 feet. MR. DOYEN: There is enough elevation there. THE CHAIRMAN: You have conditions imposed upon you by DEC? MR. RIGHTER: Yes, we walked the site together. I have an okay from the DEC. THE CHAIRMAN: Do you have it with you? MR. RIGHTER: Yes. Would you like to see its THE CHAIRMAN: We will have to have a copy for our records. We can make. a copy of it and send it back to them. MR. RIGHTER: I would really appreciate if I could make a copy of this letter and send it to you. This is like gold. THE CHAIRMAN: The proposal is to place the house to be constructed SOUTHOLD TOWN BOARD OF APPEALS 10- May 24 , 1979 at a distance of 25 feet from the property line in a southerly direction and 30 feet from the property line in a westerly direction. These abbreviated side yards are occasioned by the requirements of the DEC concerning the tidal wetlands and the buildable area. What is the acreage of this parcel? MR. RIGHTER: 1. 58 acres. THE CHAIRMAN: The property contains 1. 58 acres which includes the marshland and tidal wetlands. There are no present residential uses on either side of this, are there? MR. RIGHTER: No. MR. DOYEN: None immediate. THE CHAIRMAN: Neither of the adjoining properties? Are they buildable? MR. DOYEN: The nearest neighbor is Danforth and he has`a tremendous amount of property. But you are talking about 15 ' or 20 acres. There is nothing immediately adjoining. THE CHAIRMAN: If the two adjoining neighbors had to build houses, where would they build? Do they have plenty of room? MR. RIGHTER: According to this map there is a buildable site about here (pointing to survey) . I think that land is about 6 acres. MR. DOYEN: But you cannot build right there. You have to go up that hill before you could build. The DEC would not allow a house to be built there within 100 feet minimum. MR. RIGHTER: This one portion is so thick with briars that I cannot tell where you would put a house there. MR. DOUGLASS : It looks as though there is a pond in there. MR. DOYEN: You will have about a 45 foot right..=of-way there. You could not build on the right-of-way. So the closest they could build would be 45 feet up to the property line. When you talk about the imprenetrable jungle you have it right there. There are briars there 6 feet high. THE CHAIRMAN: This right-of-way is 45 feet in width? MR. DOYEN: That is the next application. You know the surveyor ' s stakes? There is only one set to indicate where the right-of-way is:' There is a pond there which was caused by the rain we have had. Which is the good side and which is the bad side? MR. RIGHTER: The driveway has to go through that so it is going to cost us even more money. 'SOUTHOLD TOWN BOARD OF APPEALS -11- May 24 , 1979 MR. DOYEN: When we were out looking at it, we could not tell where the road was going to go. MR. RIGHTER: From where you were walking, it is to the left. MR. DOYEN: Right into that bog? I guess it is dry in the summer, but it certainly is wet now. THE CHAIRMAN: . Is there anyone present who wishes to speak against this application? . � (thre was no response) . ) (The Chairman read the requirements for rights-of-way) . After investigation and inspection the Board finds that the applicant is forced to reduce his front yard and side yard setbacks to meet the requirements of the DEC in dealing with the tidal wetlands and marshland conditions which surround the buildable portion of this lot. The Board finds there are presently no residences within 100 feet of this property, and agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the 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., that Olof Nelson, 3 East 85th Street, New York, New York, be GRANTED permission to build a house with insufficient front yard and side yard setbacks as applied for. Location of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leeson; south by Private Road; west by West Harbor; subject to the following condition: (1) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2549 - Upon application of Olof Nelson, 3 East 85th Street, New York, New York, for a variance in accor- dance with Town Law, Section 280A for approval of access. Location of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leeson; south by Private Road; west by West Harbor. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing:' affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to : Robert ' SOUTHOLD TOWN BOARD OF APPEALS -12- May 24 , 1979 Leeson. Fee paid $15. 00 . THE CHAIRMAN: Who owns the private road past his property? MR. DOYEN: It may be possible that FIDCO still retains ownership of the road. . THE CHAIRMAN: The notice tells you more than the application really does. It says "For approval of access over unimproved road. " Mr. Olof Nelson is under contract with Mrs . McKown, County Tax No . 1000-10-5-1. As we understand it the access is 45 feet in width and I think I read you the specifications that will be required for Mr. Nelson to get his access. He will have to improve the access in that manner. Is there anyone present who wishes to speak for this applica- tion? Is this all over-grown. MR. JAMES RIGHTER: Over-grown and under water some of it. MR. DOYEN: You cannot even walk over it. You have to walk around it. Some of it is under water. It is over grown between bull briars and trees , it is about as inaccessible/gspiece of property can be. MR. TUTHILL: And under water. MR. DOYEN: That is really only one small section. Perhaps in the summer there is not even.i. any water there. MR. TUTHILL: Can you get a base in that type of road? MR. DOYEN: A base, what do you mean? MR. TUTHILL: A base that will hold up. MR. DOYEN: Sure, as long as you strip it. Even it all off and you will be okay. It is good, solid 1 and there. Except that one hollow which will have to be filled in. THE CHAIRMAN: Is there anyone present who wishes to speak against this application (there was no response. ) MR. DOUGLASSS: I think there should be a condition that access is granted subject to the applicant having the legal right to .use the private road by his property. MR. RIGHTER: Do you want a letter or legal document proving this right? THE CHAIRMAN: No, I don't think we have ever had any problems along this line. After investigation and inspection the Board finds that the applicant will provide a 45 foot right of way into his property within SOUTHOLD TOWN BOARD OF APPEALS -13= May 24 , 1979 100 feet of the house that he shall construct. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the 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. Douglass,. it was RESOLVED, that Olof Nelson, 3 East 85th Street, New York, New York, be GRANTED recognition of access under Section 280A of the Town Law, as requested. Location of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leeson; south by Private Road; west by West Harbor, subject to the following condi- tions : (1) The applicant having legal right to create an access over the private road. (2) Such access road shall have a width of not less than 15 feet. (3) Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet. (4) Such access road shall be improved in either of the following methods : (a) Such road shall be surfaced with a minimum depth of 4 inches of packed 3/4 inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped or the surface may be excavated to permit the application of packed blend to a depth of 4 inches. (b) The access road shall have top soil removed to a depth of 8 inches and then filled with. 8 inches of a good grade of stone and sand bank run. The surface shall then be covered with a layer of 2 inches to 4 inches of 3/4 inch stone blend. (c) The access road shall be oiled with a minimum of 4/10ths of a gallon of road oil per square yard. (5) All work required as hereinbefore set forth shall be per- formed under the supervision of the Town Engineer and no building per- mits or certificates of occupancy shall be issued by the Build- mg In- spector until the Town Engineer has certified that such access road has been constructed in accordance with the foregoing requirements. (6) Where the terrain of the land over which such access road is to traverse is such that drainage problems may occur , the applicant shall be required to construct such drainage facilities as may be re- 1 • SOUTHOLD TOWN BOARD OF APPEALS -14- May 24 , 1979 .commended by the Town Engineer. (7) The Board of Appeals may in passing upon any appeal for approval of access make any reasonable exception as in its judgment it deems appropriate to the circumstances . (8) Suffolk County Planning Commission Approval. Vote of the Board: Ayes : Messrs : Gillispie, Grigonis, Doyen, Tuthill and Douglass . PUBLIC HEARING: Appeal No. 2550 - Upon application of Puerto Verde Restaurant and Stirling Harbor Marina, Manhanset Avenue, Greenport, New York, (Robert Ketcham, as agent) , for a special exception in accor- dance with the Zoning Ordinance, Article III , Section 100-30 C 6 (f) . Location of property: Main Road (State Road 25) , Greenport, New York, bounded on the north by Long Island Sound; east by King and Abadiotakis; south by Main Road (State Road 25) ; west by Rath. The Chairman opened the hearing by reading the application for a special exception to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to : Jerry Schofield, R. Abadiotakis , John E. Rath, and Floyd F. King, Jr. Fee paid $15. 00 THE CHAIRMAN: We have a letter addressed to Ketcham Signs from Gus Schad, the property owner, which reads as follows: This letter is to verify our telephone conversation of last week whereby I agree to let you put 2 signs on the Brecknock property for the agreed price of $125 . 00 per sign, per year. The signs will be similar in size and shape to the sketches you submitted to me and as agreed, 1 sign will go on the western extremity of the. Brecknock property and the other sign will go in the open field east of the yellow house. It is further under- stood that these signs will be legal and conform to the town code in every way and that you will take care of filling out all applications and forms and pay for all , processing fees. If ,the' above meets with your approval please sign both copies below and send 1 copy back to me. Signed Gus Schad. The sign will say Puerto Verde Restaurant with an arrow. The property that .you are going to place the sign on, Bob, is it zoned "B"? ROBERT KETCHAM: No, it is zoned residential. THE CHAIRMAN: Where are you:;:'going to place the sign? MR. KETCHAM: In the southwest corner of the property right next to the driveway going into the yellow house. MR. DOUGLASS : Right by that telephone pole. THE CHAIRMAN: There is a driveway going into. . . . . SOUTHOLD TOWN BOARD OF APPEALS -15- May 24 , 1979 MR. DOUGLASS : . .Herels the driveway and it is right opposite Manhanset Avenue. Just a little east of Manhanset Avenue. THE CHAIRMAN: But the driveway goes to a residence, or a barn back there, doesn't it? MR. DOUGLASS : No this is the driveway to the residence. THE CHAIRMAN: This driveway in the picture goes to the yellow house? MR. KETCHAM: I didn't seethe picture. THE CHAIRMAN: 2s that the driveway to the yellow house? MR. DOUGLASS : That is the one going into the big house. THE CHAIRMAN: I thought his driveway was further down. MR. DOUGLASS : No, that 's.'!-it. This is the driveway you are talking about and the picture I took going the other way shows the driveway which goes up to the little house in the back. THE CHAIRMAN: We were just trying to decide where you wanted to put the sign. MR. DOUGLASS : East of the large, three story, yellow house. MR. KETCHAM: Just east of that large hedge. His hedge continues along in front of Brecknock Hall. MR. DOUGLASS : That driveway is for the little house that is on Brecknock Hall property. THE CHAIRMAN: Then comes the yellow house. MR. KETCHAM: Then east of that is where I will put the sign. THE CHAIRMAN: This will catch people from the opposite direction. MR. KETCHAM: It willccatch them from both directions. I had an okay to put a sign on the western end of the Schad property, but the people did not want it there. THE CHAIRMAN: You are only applying for one sign tonight, right? MR. KETCHAM: Right. That is all he wants right now. MR. TUTHILL: The application mentioned two. MR. KETCHAM: That' s right, but he only wants one. I have per- mission for two , but I spoke to the restaurant owners and they just want one. In theirnminds I guess if people miss the turn they will turn around and come back again. That is enough in their minds to identify the restau- tant. 'SOUTHOLD TOWN BOARD OF APPEALS -16- May 24 , 1979 THE CHAIRMAN: Now, the yellow house is that directly across Manhanset Avenue? MR. KETCHAM: Yes, I think so. to go? THE CHAIRMAN: How far east of the property line are you going MR. KETCHAM: Whatever I am allowed. 30 feet from the corner? THE CHAIRMAN: I was just thinking of the usefulness of the sign. If the guy goes past Manhanset Avenue before he sees the sign. . . MR. KETCHAM: I agree with you, but I can 't do anything about that. People are going to go�apast the sign and will have to turn around, but the thought is that there is some indication that there is a restaurant in the area. THE CHAIRMAN: You can't put it over that way any further? MR. KETCHAM: Yes, but the man going down this way is going to have to turn around. It is six of o.ne, half a dozen of another where I put the sign. THE CHAIRMAN: What he needs is a directional sign on each side of Manhanset Avenue. MR. KETCHAM: That's right. I had permission for that also, but the restaurant owner would not buy it. THE CHAIRMAN: One of the things we consider is how many other signs he has in the Town. Do you know how many other signs he has? MR. KETCHAM: He had one by George Spanos garage, but that is down now. There are no existing signs that I know of. That was on the corner of Main Street and the sign going down that road. MR. TUTHILL: Will he stay within the sign requirements . THE CHAIRMAN: A . sign 4 feet by 6 feet is the maximum that we will allow for a directional sign off-premises. MR. DOUGLASS : He will have to be 5 feet from the highway line. MR. KETCHAM: How do you determine the ghighway line? MR. DOUGLASS : You have to contact the State. MR. KETCHAM: I find that it really fluctuates around here. MR. DOUGLASS : It is approximately 13 feet off the cement. THE CHAIRMAN: You can also say it is 5 feet inside of the telephone and Lilco poles . SOUTHOLD TOWN BOARD OF APPEALS -17- May 24 , 1979 MR. DOUGLASS : When we plowed this road for the State, they told us they control 13 feet on either side of the cement. MR. KETCHAM: So that is what you use for the rule of thumb? I know that it fluctuates badly there. MR. DOUGLASS : I think you can call up the engineers in Riverhead and they can tell you. THE CHAIRMAN: I think the road line is 66 feet wide there. 33 feet to the middle. How wide is the road? MR. DOUGLASS : It is two lanes now. THE CHAIRMAN: How wide is that? 20. feet? MR. DOUGLASS : Yes. THE CHAIRMAN: 20 feet from 66 leaves 46' feet. Then you would have 23 feet on each side of the middle line. MR. DOUGLASS : That ' s right , but I don't think it is that wide along there. MR. TUTHILL: Well , if you put the sign too close to the road, the State will be right there having you yank out the sign. MR. KETCHAM: I called up the man who is the real estate agent for the State of New York. I asked him if all of this was going to be someday localized. I 'm talking about the sign laws that they have now. Mr. Charles Hall , told me to put the sign up if the Board allowed it, after asking if it would be a seasonal sign, which it will be. He said alright because if a complaint got to him it would take 6 months to process and the sign would be taken down. I asked him when the State laws would be localized concerning the fact that there cannot be any directional signs on what the State considers primary routes, which that road is right there. He said it is in the works in Albany. I asked him what that meant. He told me he doesn't know. I asked Puerto Verde if it was okay with them to take the sign down in September, and they said yes. It is only a seasonal restaurant anyway. THE CHAIRMAN: Did Mr. Hall say anything about locating the sign in a B zone? It just so happens that there is a B Zone available right there. Schad certainly has a B zone along there. MR. KETCHAM: I know he does, but not where the Puerto Verde want the sign located. THE CHAIRMAN: What I am t&lking about now is if you run into problems with the State you can move the sign to the B zoned property. How do we describe this property. MR. DOUGLASS : Between the yellow house owned by Abadiotakis and the brown house where George Wetmore lives. 'SOUTHOLD TOWN BOARD OF APPEALS =,18- May 24 , 1979 MR. KETCHAM: Due to the fact that two businesses- will be advertised is there any way we can have a sign larger than 4 x 6? THE CHAIRMAN: I thought you would bring that up. After investigation and inspection the Board finds that the applicant requests permission to erect an off-premises directional sign on property of Gus Schad for which he has written permission. The sign is for a restaurant and marina on Manhanset Avenue, Greenport, New York. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the 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. Tuthill , seconded by Mr. Grigonis, it was RESOLVED, that Puerto Verde Restaurant and Stirling Harbor Marina , Manhanset Avenue, Greenport, New York, be GRANTED permission to erect an off..=premises directional sign as requested. Location of property: Main Road (State Road 25) , Greenport, New York, bounded on the north by Long Island Sound; east by King and Abadiotakis; south by Main Road (Route 25) ; west by Rath, upon the following conditions : (1) Written permission of property owner for sign erection. (2) All sign permits are terminable at once at the direction of the Board of Appeals . This condition is essential in the event the Town finds a legislative solution to the problem. (3) Purpose of the sign must be directional in the public interest as distinguished from advertising of products or services. Content of sign must be approved. Size of the sign may not exceed four (4) feet by six (6) feet. A reasonably accurate sketch of proposed sign must accompany application. (4) Signs must be maintained in good condition, otherwise the Board may in its discretion order removal. (5) The four (4) foot by six (6) foot size sign has been in effect since December, 1961. All off-premises directional signs must_,�now con- form. (6) Locations chosen for directional signs must meet with the general standands set up in Article VIII. (7) All signs must be at least five (5) feet from any property line; three (3) feet above ground level ; four (4) feet above ground level - .if the sign is electrical. (8) Suffolk County Planning Commission Approval. GOUTHOLD TOWN BOARD OF APPEALS -19- May 24 , 1979 Vote of the Board: Ayes: Messrs : Gillispie, Grigonis, Doyen, Tuthill and Douglass. On motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, that the next meeting of the Southold Town Board of Appeals will be held on Thursday, June 14 , 1979; at 7 :30 P.M. (D.S .T. ) and set the following times on that day as the time and place of hearing upon the following applications : 7 :30 P.M. (D.S .T. ) Recessed hearing of Vincent Annabel, Stillwater Avenue, Cutchogue, New York, 7 :45 P.M. (D.S .T. ) Upon application of Gene Giannone, Main Road, Mattituck, New York, for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate an in ground pool in the front yard area. Location of property: Corner of Wickham Avenue and Main' Road (S. R. 25) , Mattituck, New York, bounded on the north by De- Priest; east by McCullough; south by Main Road BS. R. 25) ; west by Wickham Avenue. 8 : 00 P.M. (D.S .T. ) Upon application of Crescent Beach Condominium (Charles Guhl , as agent) , 45 Marine Place, East Marion, New York, for a variance to the Zoning Ordinance, Article V:. ;Section 100-51 and Bulk Parking Schedule for permission to construct decks or patios with in- sufficient front and rear yard setbacks. Location of property: End of Maple Lane, East Marion, New York, known as Filed Map Condominium No. 62 . 8 :15 ]�.M. (D.S .T. ) Upon application of Theodore Rohloff, 2870 Orchard Street, Orient, New York, for a variance to the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Orchard Street, Orient, New York, bounded on the north by Orchard Street; east by Rohloff; south by,,"Mayer; west by Blank. 8 :30 P.M. (D.S .T. ) Upon -application -,-.of Luella L. Mullio, Burtis Lane, Peconic, New York (Abigail A. Wickham, as attorney) , for a variance to the Zoning Ordinance, Article III , Section 100-30 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Lo- cation of property: Lots 78 . and 79 and 104 through 110 inclusive on Map No. 654 of Peconic Shores, No. 2. 8 :50 P.M. (D.S .T. ) Upon application of Walter E. and Ruth H. Glasser, Jackson Street, New Suffolk, New York (Abigail A. Wickham, as Attorney) , for a variance to the Zoning Ordinance, Article III , Section 100-30 and Bulk Parking Schedule for permission to divide property with insufficient area and for permission to convert garage to a dwelling with insufficient front yard setback. 9 : 05 P.M. (D.S.T. ) Upon application of Moebius Associates , East 'SOUTHOLD TOWN BOARD OF APPEALS -20- May 24 , 1979 Road, Cutchogue, New York, (Richard F. Lark, Esq. ) , for a variance to the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for approval of a lot with insufficient area on a proposed minor subdivision. Location of property: East Road, Cutchogue, New York, bounded on the north by Williams , Spiro, Lake and' Brower; east by Williams; south by East Road; west by Fleets Neck Road. Vote of the Board: Ayes: Messrs : Gillispie, Grigonis, Doyen, Tuthill and Douglass . The meeting was adjourned at 9 :30 P.M. Respectfully submitted, AR��r ��a i Babette C. Conroy Secretary .h ermata Bard Q