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HomeMy WebLinkAboutZBA-08/14/1975 $outhold ' Town Board' ' o£Appeals SOUTHOLD, L. i., N.Y. 119~71- Telephone 765~5t50 APPEAL BOARD MEMBER Robert W. Gillispi¢, Jr., Chairman Robert Bergen Charles Grisoni% Jr. S¢r5'¢ Doyen, Jr. Fred Huls¢, Jr. MINUTES Southold Town Board of Appeals August 14, 1975 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, August 14, 1975, at the Town Office, Main Road, Southold, New-York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr. Absent: Mr. Serge Doyen, Jr. Also present: Steve Katz, Long Island Traveler-Mattituck Watchman, and a representative from the Suffolk Weekly Times. A public hearing on the following appeal was held on July 24, 1975. Decision was postponed, at that time, until 7:30 P.M., August 14, 1975. "PUBLIC HEARING~ Appeal No. 2065 - 8:30 P.M~ (E.D.S.T.) upon application of Stephen F. Griffing, Jr., Esq. a/c Anna Lor~a, First Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 for permission to use land for parking. Location of property: east Side First Street, New Suffolk, N. Y., bounded on the north by A. Levesque & Wf.; on the east by Peconic Bay; south by now or formerly A. Wood; west by First Street. Fee paid $15.00. After investigation and inspection the Board finds that the applicant requests permi~sionz~ to use land at E/S First Street, New Suffolk, N. Y. for parking purposes in conjunction Southold Town Board of Appeals ~2- August 14, 1975 with his business. The Board finds that the applicant needs this additional parking for his business and that applicant has greatly improved the lot under application. The Board is of the opinion that this would assist in the management of traffic in this 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 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. Berger, it was RESOLVED, Stephen F. Griffing, Jr., Esq. a/c Anna Loria, First Street, New Suffolk, New York, be GRANTED permission to use land for parking, as applied for on property located on east side of First Street, New Suffolk, N. Y., subject to the following conditions: (1) THat a buffer zone of ten (10) feet be provided on the northerly boundary. (2) That the proper barriers be provided to assure that the ten (10) ft. buffer is implemented. PUBLIC HEARING: Appeal No. 2069 - 7:50 P.M. (E.D.S.T.), upon application of A. John & Margaret J. Gada, Esquestrian Awenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A and Bulk Schedule for permission to divide premises with insufficient width and area. Location of property: north side of Winthrop Drive, Fishers Island, New York, bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R. Waddington. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -3- August 14, 1975 THE CHAIRFiAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with in- sufficient area and width. The Board agrees with the reasoning of the applicant. These lots were purchased as single and separate parcels~ The adjoining lots and other lots in the neighborhood are of similar and smaller size. 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. Hulse, it was RESOLVED, A. John & Margaret J. Gada, Equestrian Avenue, Fishers Island, New York, be GRANTED permission to divide premises with insufficient width and area, as applied for on property located at the north side of Winthrop Drive, Fishers Island, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2070 - 8:00 P.M. (E.D.S.T~), upon application of Muriel A. Nielsen, Birch RoaA, Southold, New York for a variance in accordance with the Zoning Ordinance, Town Law Section 280A, for approval of access. Location of property: east side Kenneys Road, Sou%hold, New York, bounded On the north by Joseph Wheeler; east by Helen Conway; south by Joseph Wheeler; west by John Pierre. Fee.paid $15.00. Southold Town Board of Appeals -4- August 14, 1975 The Chairman opened the hearing by reading the applica- tion for approval of access, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is~there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests approval of access for property located off east side of Kenneys Road, Southold, New. York. The. Board recommends approval of improved right-of-way access for this application only. This approval is not to imply approval for Conway's lot to the east. The Board agrees with the reasoning of.the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or un- necessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Muriel A. Nielsen, Birch Road, Southold, New York, be GP~NTED approval of access for property located off east side 'of Kenneys Road, Southold, New York, as applied for, subject to the following conditions: (1) That this right-of-way be cleared to a width of fifteen (15) feet and topsoil be removed to a depth of six (6) inches and replaced with bank run. (2) The improvement of this right-of-way shall be subject to the approval of the Building Department. (3) The approval of thSs application does not imply approval of access for Conway's lot to the east. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -5- August 14, 1975 The Board was presented with Message from Gary F. Olsen, Esq. dated july 31, 1975 requesting opinion of interpretation of Zoning Ordinance for his client, Brian Sheehan, together with statement of Mr. Sheehan, which follows: "My plans for the 3 1/2 acre piece of land on which I presently have a binder include building a home and raising my family of four. Further, I intend to be as self-sufficient as possible. I will have a rather extensive garden--to include various vegetables, berries, fruit, and nut trees. Also, it is my wish to raise all the meat my family consumes. The maximum number of animals I can forsee raising during any one year period is: four steers (some used as veal) four lambs (not to maturity) six pigs (not to maturity) one goat (for milking) a .hundred chickens (all but a dozen for not more than sixteen weeks) six mature rabbits (the young not being kept for more than sixteen weeks) Ail of the animals will be provided with shelters and fenced-in areas~ /s/ Brian Sheehan This matter was referred to the Town Attorney for his opinion. The Chairman read letter received from Town Attorney dated August 8, 1975 (copy in file~i Mr. Olsen, attorney for Mr. Sheehan, requested that the Board of Appeals give him a formal opinion in writing because his client, Mr. Sheehan, wan-ted to be sure that he could use the property as planned. before signing a contract to purchase the property. The Chairman dictated the following letter to be sent to Gary F. Olsen, Esq. Dated: August 18, 1975 Gary F. Olsen, Esq. a/c Brian Sheehan P. O. Box 38, Main Road Mattituck, New York 11952 (cont'd page 6) Southold Town Board of Appeals -6- August 14, 1975 Re: Sheehan Request for opinion File ~1655 Dear Mr. Olsen: In reply to your message of July 31, 1975 with attached letter from prospective purchaser of 3 1/2 acre mini-estate who lists the following animals which he proposes to raise during any one (1) year period: Four (~) Steers (some used as veal) Four (41 Lambs (not to maturity) Six (6) Pigs (not to maturity) One (1) Goat (for milking) One Hundred (100) Chickens (all but a dozen for not more than sixteen weeks) Six (6) Mature Rabbits (the young not being kept for more than sixteen weeks) Our interpretation of the Zoning Ordinance, based on Town Counsel's letter of August 8, 1975, is that this type of animal husbandry on this location in the "A" Residential- Agricultural District would be legal. Yours truly, RWG:mm /s/ Robert W. Gillispie, Jr. Chairman PUBLIC HEARING: Appeal No. 2071 - 8:15 P.M. (E~D.S.T.) upon application of Gary, S. Olsen, Esq. a/c Harold T. Carr, Jr. and Alice M.. Carr, Maratooka Road, ~attituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule to divide premises with insufficient width and area. Location of property: Maratooka Road, Mattituck, New York, bounded on the north by J. Hamilton; east by T. Darsaklis; south by other land of applicant; west by Maratooka Road. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -7- August 14, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GARY F. OLSEN, ESQ.: Yes, my name is Gary Olsen. I am the attorney for the applicants, Harold and Alice Carr. The applicants purchased the parcel on white,their house is presently situated. It is approximately 25,000 sq. ft. - 100~ by 25:0' deep. They obtained a building permit for that parcel and their house is situated on that piece. They, also, then purchased a parcel from Marjorie Wickham which is the piece in question, which is about 12,500 sq. ft. Their intention when they purchased that piece was to have it available some day for a member of their family. Their son, Robin, who is present at this hearing, is now in a position where he would like to put a house on that parcel but because of the fact that both pieces are in common ownership (there is a merger between the two pieces) a variance is necessary. The Deed for the 12,500 sq. ft. parcel sets forth certain covenants and restrictions which have since terminated. They terminated in January 1973 but if you read on it says "no building other than the one family dwelling shall be erected on the property". The intention set forth in the Deed indicates that it was intended to be used as a building parcel. THE CHAIRMAN: How long ago was this? GARY OLSEN, ESQ.: Well, unfortunately, I didn't represent the Carrs at the time they purchased the property but the Deed was in November 1967. William Wickham represented the Carrs or maybe Marjorie Wickham, I don't really know. Mr~ Cart couldn't find his Deed to the house and he asked Mr. Wickham to send me a copy of it. Fortunately, it is the same Deed that I already had a copy of. I didn't notice it until I came here tonight. I don,t know when it was purchased but I think the point is that if the 12,500 sq. ft. had been either retaihed by Marjorie Wickham or if it had been conveyed to anyone other than Harold and Alice Carr, or even to Harold or Alice Carr, the Building Department would issue a building permit for a single, one family, residence on that piece. They would be required by law to issue a Building Permit on the basis of single and separate ownership. THE CHAIRMAN: When was this parcel purchased, Mr. Carr? MR. ROBIN CARR: I don't know. THE CHAIRMAN: Was it after zoning? MR. ROBIN CARR: Well, yes, I would say that it was. Southold Town Board of Appeals -8- August 14, 1975 GARY OLSEN, ESQ.: The Hamilton piece, which is to the north, is approximately the same size; it is a little bit bigger because it is a corner piece and has a triangular shape. The Darsaklis's is approximately the same size. Ira Tuthill's parcel to the south conforms in size and shape. THE CHAIRMAN: Is that across the street? MR. OLSEN: No, it is to the south. Here is a copy of the tax map which shows the size of the parcels in the surrounding area. MR. HOWARD TERRY, Building Inspector: Carr built his house in 1966. MR. OLSEN: So, he bought the lot some time before 196~. If Marjorie Wickham or anyone else had sought a building permit, it would have been granted on.the basis of single and separate ownership. Their only intention in buying this property, as I understand it, was to have a piece available for a member of the family in the future, and now the time has come and their son, Robin, would like to build a house next to his parents. Also, the Town Assessors office does issue two separate tax bills, so, for taxing purposes, it is two separate pieces. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) THE C~LAIRMAN: Is there anyone present who wishes to speak against this application? MR. J~HN HAMILTON: Yes, my name is John Hamilton; we are to the north of the Carr property. We are opposed to the sub- division of the property. Building a house on the property, as proposed, wou~ld make it look more like a development. It will t~ke away from the area. There is now one acre zoning in the Town of Southold and this is substantially smaller than that. I question the distance of the Carr's house, which is on the property right now, from the proposed property line. I also question the distance of cesspools in the area. You are supposed to be 100 feet from a neighboring well. Mine is located on the southeast portion of my property. I don't know where Mr. Carr's cesspool is. Within the last two years, five pools have been pumped in the neighborhood. THE CHAIRMAN: Cesspools are outside of our authority. Southold Town Board of Appeals -9- August 14, 1975 MR. HAMILTON: I think they have to be 100 feet apart. THE CHAIRMAN: I think the Town is condemned to 12,500 square foot zoning in areas where there are old lots left. There is no way.that it could conform to the 40,000 sq. ft. regulation, none of these places could. The court decisions give little weight to these area variances. In other words, you can't keep someone out because the area is small. Also, in this type of situation we usually h~ve to grant the application. Arbitrarily making the lot size 40,000 sq. ft. minimum would not help the Town of Southold; not in these areas that are all built up. The community has been here for hundreds of years. Similar areas have grown in a haphazard way with lots of 50 foot width. In this type of situation we usually have to go with the applicant. It could have been sold to someone else and they could have built upon it. I don't really think this is pertinent. MR. HAMILTON: I would like to ask the Board to reserve decision so that they can look the area over and consider where a house could be built on it. THE CHAIRMAN: We inspected the premises yesterday. There are hundreds of hous~ in the Town that are built on that size lot or smallsr. Is there anyone else who would like to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to set off lot with insufficient width and area. The applicant has a separate Deed for this parcel which was purchased after the construction of his house on the adjoining parcel. There are lots of similar size,or smaller,in this area with houses built upon them. The Board agrees with the reasoning of the applicant. The Board finds that strict application of tke Ordinance would produce practi~.al difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -10- August 14, 1975 On motion by. Mr. Gitlispie, seconded by Mr. Grigonis, it was RESOLVED, Gary F. Olsen, Esq. a/c Harold T. Carr, Jr. and Alice M. Carr, Maratooka Road, Mattituck, New York, be GRANTED permission to divide premises with insufficient width and area, as applied for, on property loca~'~ a~ Maratooka Road, Mattituck, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated July 24, 1975 be approved as submitted. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. The Chairman read letter dated August 5, 1975 from the United Fire Co. No. 1, Cutchogue Fire Department, requesting permission to display posters for their annual chicken barbecue. On motion by Mr. Grlgonis, seconded by Mr. Hulse, it was RESOLVED, that United Fire Co. No. 1, Cutchogue Fire Department, Cutchogue, N. Y. be GRANTED permission to display posters for their Annual Chicken Barbecue to be held on Saturday, August 23rd, at Cutchogue, subject to the following condition: That the posters ma~ be displayed two weeks prior to ~he event, and shalll be removed one week after the event. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Grigonis, Hulse. The Chairman read l~tter received from Mr. Edward Hindermann, Southold Town Building Ihspector, dated August 5, 1975, together with copy of Order to Remedy Violation sent ~o Louis Getof~, 1475 Waterview Drive, So~th01d, Ni Y. weather shelter does not meet requirements of Boand of Appeals - variance ~ranted November 29, 1974, Appeal No. 1854, subject to conditions: (1) That the shelter be placed at least 5 feet from any property line on the north side of Waterview Drive. (2) It is further understood that this is a temporary permission subject to being rescinded at any time in the future. The Board finds that the shelter has Southold Town Board of A never been completed and The Chairman instructed Getoff advising him that of the variance before S ppeals -11- August 14, 1975 it is one (1) foot over the property line. the secretary to send a letter to Mr. he must comply with the conditions ~ptember 1, 1975 or permisSion for variance will be rescindsd at the next Board of Appeals meeting to be held on September 4, 1975. PUBLIC HEARING: Appeal No. 2072 - 8:25 P.M. (E~D.S.T.) upon application of George & Grace Leone, 101 Coleman Street, New London, Connecticut ~or a variance i~ accordance with the Zoning Ordinance, ArticlD III, Section 100-30 A & Bulk Schedule for permission to se~ of~ lot with insufficient width and area. LoCation Of property: N~S Oriental Avenue, Fishers Island, N. Y., bounded on the north by O. Horn; east by O. Horn & Ano.; south by Oriental Avenue; west by R.O.W. - Thurrott-Emmot. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is~there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: How does he want to sell this? MR. HOWARD TERRY, B~ilding Inspector: Just as it's shown on the map.' THE CHAIRMAN: .64 acre and.50 acre. MR. TERRY: These are two relatives. Leone's mother was Otis ~Horn's mother,in-la~, and she died and now they are trying to Settle the affairs. ~his is how it all came about. This is the way they~have divided it'because this is the way the people outside of the family want to buy it. THE CHAIRMAN: Are they going to keep any of it? MR. TERRY: Yes. Otis Horn is going to get the .50 acre to add to his property. The part they are selling off has a little old house on it, it is .64 acre. THE CHAIRMAN: He has a description here that we can use. Southold Town Board of Appeals -12- August 14, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to set off lot with insufficient width and area on the north side of Oriental A~enue, Fishers Island, New York. The t~ree adjacent lots to the west are the same size or smaller tha~ the applicant proposes to create The Board agrees with the reasoning of t~e applicant. ' The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is ~nique and would not be shared by all prperties alike in t~e immediate vicinity off'his property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, George an¢ Grace Leone, 101 Coleman Street, New London, Connecticut, be GRANTED permission to set off lot with insufficient width and area, as apPlied for, on p operty located at the north side of Oriental Avenue, Fishers Island, New York. Vote of the Board: Ayes:, Gillispie, Bergen, Grigonis, Hulse. Mr. Nicholas Aliano appeared before the Board for an informal discussion regarding signs for his b.usiness "The Beachcomber Motel" On motion by Mr~ Bergen, seconded by Mr. Hu!se, it was. RESOLVED that the Squthold! Town Board of Appeals set 7:30 P.M. (E.D.S.~T.), ThUrsday, S~ptember 4, 1975, for a rehearing.of Appeal No. 2064, Pond Enterprises, Inc. d/b/a The Beachcomber Motel. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -13- August 14, 1975 on motion by Mr. Hu~se, seconded by Mr. Bergen~ it was RESOLVED that the n~xt regular meeting of the Southold Town Board of Appeals shall be held at 7:30 P.M. (E~D.'S.T.), Thursday, September 4, 1!~75, at the Town Office, Main Road, Southold, New York. Vote of the Board: Grigonis, Hulse. The Chairman read 1 Ayes:- Messrs: Gillispie, Bergen, tter from the Suffolk County Planning Commission with regard t(. Amended Suffolk County Charter which provides for 45 days within which the Suffolk County Planning Commission may set forth determinations on zoning and subdivision referrals. Four (4) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the S¢ P.M. (E;D.$.T) for a Re~ Appeals on Appeal No. 20( d/b/a The Beachcomber Mot for a special'exception i Article:III, Section 100- uthold Town Board of Appeals set 7:!30 earing by resolution of the Board of 4, application of Pond Enterprises, Inc. el, Depot Lane, Cutchogue, New York n accordance with the Zoning Ordinance, 30 B (6f) for permission to erect off-p~emises directional sign. Location of property: Property of Nicholas Aliano, Southold, N. Y., bounded on the north by Town of Southold & I. C. ILat~am; on the east by I. C. Latham & R. Bayley; south by Middle Road (CR 27); west by Thomas Morris & Ors. (Rehearing to be held at Town Office, Main Road', Southold). Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southcld Town Board of Appeals -14- August 14, 1975 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E~D.S.T.), September 4, 1975, at the T~own Office, Ma~ Road, Southold, New York, as the time and place of hearing upon application of Paul K. and Thetma W. Daland, 186 Willow Terrace Lane, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to alter property line and lot size. Location of property: Willow Terrace Lane, boundsd on the north by D. Welch & Cooper; east by P. Weiden; south by P. Frey; west by Orient Harbor. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Respectfully submitted, PP/ OV£D ! - Robert W. Gillispie, Jr., Chairman