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HomeMy WebLinkAboutZBA-09/02/1976 APPEAl- BOARD M£MB£~S Robert W. Gillispie, .Jr., Ch~irm~n Robert Bergen Charles Grigonis, Jr. Serge Doyen, .Jr. Fred Hulse, .jr. Southold Town Board of Appeals -~OUTHOLD, L. I'., N.Y. 119'71 Telephone 765-2660 MINUTES Southold Town Board of Appeals September 2, 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E~D.S.T.}, Thursday, September 2, 1976, 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. Also present: Sam Campbell, Suffolk Weekly Times; Steve Katz, Long Island Traveler-Mattituck Watchman. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated August 20, 1976. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southcld Town Board of Appeals approve minutes dated August 12, 1976. Vote of the Board: Ayes: - Messrs: G±ltispie, Bergen, Grigonis. Mr. Fred Hulse, Jr., arrived at 7:35 P.M. Southold Town Board of Appeals -2- September 2, 1976 PUBLIC HEARING: Appeal No. 2174 7:3~ P.M. (E.D.S.T.) decision upon application of Robert W. Wendell, 1020 Glen Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedul~ for per- mission to divide lot with existing buildings. Location of prop- erty: Pine Neck Road and North Bayview Road, Southold, New York, bounded on the north by Pine Neck Road; east by North Road to Bayview; south by Van Zandt; west by Cowan and Jordan. Mr. Robert W. Gillisple, Jr., Chairman, excused himself from this hearing. Mr~ Fred Hulse, Jr., served as Acting Chairman. ACTING CHAIRMAN: The decision on the application, No. 2174, was held over from the last meeting. Upon application of Robert W. Wendell, 1020 Glen Road, Southold, New York. A hearing was held and all testimony was taken. We have post- poned the decision until this evening because somebody asked for cases to support our position. I will gladly read off some of them, I'm not going to read it all. I will give you the per- tinent facts. It gives you a little history and background, you can have a copy of this is you like. The first court case was in Bronxville. The court ruled and here is the decision: "An area variance is to be distinguished from a use variance and the rules to be applied are different with respect to the two types of variances. In a use variance proof of 'unnecessary hardship' must be shown, whereas in an area variance case only 'practical dif- ficulties' must be shown." It gives the case number here and everything, case of Hoffman v. Harris, 17 NY2d 138, Court of Appeals. Here is their decision: "There is a glood reason for the distinction between use and area variances and the requirement of a higher stand- ard of proof for the former. When the variance is one of area only, there is no change in the character of the zoned district and the neighborhood considerations are not so strong. In such a case, it seems fair that only practical difficulties without unique or special hardship need be proven to obtain a variance." This was one of the first cases and there are two or three more. WILLIAM VAN ZANDT: What year was that? Southold Town Board of Appeals -3- September 2, 1976 ACTING CHAIRMAN: I don't have a date on these, but it has been within the last 10 years° 1967 was the second case in question, I don't have a date on the'first. The second case is pretty much the same. It was property that was bought and they changed the zoning so that~they had to have twice the area which was required before, and some people sued the township. It ~ays here, "Where the property owner will suffer significant eco- nomic injury by the application of an area standard ordinance, that standard can be justified only by a showing that the public health, safety and welfare will be served by upholding the application of the standard and denying the variance." WILLIAM VAN ZANDT: That's on a showing of the hardship to the applicant, right? ACTING CHAIRMAN: That's right. In other words, if it was in the opinion of the Board that "the public health, safety and welfare" wou~d be injured by granting the variance, that is the only area by which it could be turned down. If you would like to read the whole d~cision, there they are° DR. COWAN: It still boils down to, why do we have the Zoning Ordinance? ACTING CHAIRMAN: Well, maybe you'd better ask the judges in these cases. DRo COWAN: I mean, essentially I would understand it, you have your zoning ordinances in order to comply with this thing. ACTING CHAIRMAN: And here the courts in different decisions have struck down the Zoning Ordinance. It is one of the obli- gations of this Board to uphold the law as best we can, but we also have the courts looking over our shoulder. We try not to involve the Town in any lawsuits if possible, because they are very costly. If you've hired a lawyer lately, you know. That is the basis upon which we have been operating for several years. Years ago, many of these cases were turned down, and then the courts decided it was unjust. DR. COW, N: I'm just curious, though, why we people that are trying to see that our Zoning Ordinance is complied with have to come here and be on the defensive. This is what's hap- pening. When we come in and we want to see the ordinances com- plied with, we're on the defensive, whereas the individual who is trying to get the variance, he should be the one that is on the defensive having to justify his actions. But watching the last session, and I see it again, that we that are merely trying Southold Town Board of Appeals September 2, 1976 to see that the Zoning Ordinance is complied with, end up on the defensive. Why is that? ACTING CHAIRMAN: Well, I don't agree with you. The man who ma~e the application is on the defensive. He has to support his claim and, fortunately for this gentelman, he h~s the courts backing him up on his claim. Many times you do not. Whoever makes the application is naturally on the defensive. Well, I don't really know if there is an offensive in a thing like this. CHARLES GRIGONIS: Since we started Zoning, there's been quite a change in the ruling of the courts. When we first started, we weren't even supposed to consider financial hard- ship because, theoretically, the courts ruled that no one had enough money. Now, that's been reversed in the last few years. Mr. Wendell could take chances on it and probably 99 out of 100 he could win it. 15 yaars ago, he wouldn't have had a chance. WILLIAM VAN ZANDT: I have one question. What consti- tutes a showing of hardship? Buying the property and finding that you can do better hy subdividing it? If you buy something the conventional way, a buyer where he's going to ultimately seek a change of zone or a change of use or variance, would be for him to enter into a contract conditioned upon the granting of a variance or exception, and the whole thing could be done. That wasn't true in this case. ACTING CHAIRMAN: What the courts have said is a hardship is to require, in this case, Wendell, to keep almost double the size of almost all the other lots in this block. In other words, it is a hardship that has been imposed on him. WILLIAM VAN ZANDT: Well, it isn't almost double. I have 30,000 sq. ft. and he has 44,000 sq. ft., cut down to 22,000, so I'll be the patsy. ACTING CHAIRMAN: Well, many of them in here areaabout half his size. WILLIAM VAN ZANDT: But they were all done years ago, when they didn't have any ordinances. ACTING CHAIRMAN: Th~'s what the courts say. WILLIAM VAN ZANDT: Why would that affect this property now, when it doesn't affect the property across the street. You've g~Rath's property on one side of the street, you've got Light- house Farms on the other; they have nothing to say about this. ACTING CHAIRMAN: We don't know if it will affect the prop- erty across the street or not. Southold Town Board of Appeals September 2, 1976 WILLIAM VAN ZANDT: Oh, yes you do. ACTING~ CHAIRMAN: Whetker those people could also go to courts like these people did and ask for relief, I haven't the faintest idea. WILLIAM VAN ZANDT: But this business of not knowing what's 49-1/2', three rods, across the street, that's a little bit hard to accept. ACTING CHAIRMAN: A lot of things in law are hard to accept. WILLIAM VAN ZANDT: But you have no protection. He can build a shack or shanty, whatever he can get away with, every- thing cankbe an exception to the rule. ACTING CHAIRMAN: Not on building he can't. WILLIAM VAN ZANDT: Then building is different%from land? ACTING CHAIRMAN: Yes. ROBERT BERGEN: A house has to be a certain size, and it can only cover so much of the lot. ACTiN~ CHAI~: He has to comply with the State Building Code. After investigation and inspection the Board finds that the applicant requests permission to divide lot with existing buildings, Pine Neck Road and North Bayview Road, Southold, New York. The findings of the Board are that %he courts, in cases similar to this, have ruled in favor of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the smme 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, Robert W. Wendell, 1020 Glen Road, Southold, New York b~ GRANTED permission to divide lot with existing building, Pine Neck Road and North Bayview Road, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Hulse, Bergen, Grigonis. Southold Town Board of Appeals -6- September 2, 1976 PUBLIC HEARING: Appeal No. 2167 - 7:50 P.M. (E.D.S.T.) resumed hearing upon application of Pinewood Landscaping~a/c Gianfranco Monacelli, Petty's Drive, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in front yard araa. Location of property: north side Petty's Drive, Orient, New York; Map of Petty's Bight, Lot ~2, Orient, New York. THE CHAIRMAN: This is a resumed hearing° It was denied on August 12 with the suggestion that the appli~a~ get some engineering advise in locating the pool on the hill. This has been done and we have a sketch here suggesting the proper method from Lawrence M. Tuthill, Licensed Engineer. The Board denied this application on the grounds that the retaining structure is improperly constructed, inadequate and unsuitable for holding fill and the weight of the pool when filled with water. We've been up and inspected it and corrections have been made. (The Chairman then reviewed the application, read the legal notice and affidavits attesting to its publication in the official newspapers of the Town.) Is there anyone who wishes to speak for this application? (There was no response.) Is there anyone who wishes to speak against this appli- cation? (There was no response.) When we were up there, tie rods were spiked into the re- taining wall and we thought that they should have dropped a half-inch rod right down through all of them. After investigation and inspection the Board finds that the applicant requests permission to erect accessory structure in front yard area~ Perry's Drive, Orient, New York. The findings of the Board are that the retaining wall has been improved as per sketch done by Professional Engineer. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -7- September 2, 1976 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Gianfranco Monacelli, Petty's Drive, Orient, New York, be GRANTED permission to erect accessory structure in front yard area, north side Petty's Drive, Orient, New York, subject to the revised engineering sketch furnished to the Building Inspector, dated August 18, 1976, with the sug- gestion that the retaining wall be tied with, at least, a half-inch steel rod. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Sanford H. Friemann, President, Pinewood Landscaping, Ltd. and Hank Rienecker, also of Pinewood Landscaping, Ltd., signed the revised engineering sketch furnished by Lawrence M. Tuthill, Professional Engineer. PUBLIC HEARING: Appeal No. 2178 - 8:00 P.Mo (E.D..S.T.) upon- application of Pauline Israel, 275 Central Avenue, Lawrence, New York (Irving L. Price, Jr., Attorney) for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory building in front yard area. Location of property: Osprey Nest Road, Greenport, Ne~ York; Lot ~12, Cleaves Point Subdivision, Section I. ~-~ =~=~ ..... ~=~ ~j. The Chairman opened the hearing by reading the appli- cation for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Victor Ostling; Mr. George Garbe. Fee paid - $15.00. Is there anyone present who wishes to speak for this application? Is Mrs. Israel here? (There was no response.) I disagree with her reasoning. Because it's there, it blends with the neighborhood. "The only hardship would be the lessening of beauty for premises and neighborhood.' I can't agree wi~h that, but I think that I understand what she's trying to say. It's a situation where they're on the water, and people on the water generally consider their front yard as being toward the water and the rear yard toward the road. The legal inter- pretation is exactly the reverse. Southold Town Board of Appeals -8- September 2, 1976 After investigation and inspection the Board finds that the applicant requests permission to erect accessory building in front yard area, Osprey Nest Road, Greenport, New York. The findings of the Board are~that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is Unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Pauline Israel, 275 Central Avenue, Lawrence, New York be GRANTED permission to erect accessory building in front yard area, Osprey Nest Road, Greenport, New York, as applied for. Vote of the Board: Ayes: - Messes: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2177 - 8:10 P.M. (E.D.S.T.) upon application of William and Mary Barhyte, 735 Horton Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for per- mission to set off existing dwelling on undersized lot. Loca- tion of propertY: Horton Avenue and Oak Street, Mattituck, New York, bounded on the north by W. Jagodzinski; east by Oak Street; south by Horton Avenue; west by J. Rutkowski. 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 also read statement from the Town Clerk that notification by certified mail had been made to: Walter Jazodzewski. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who would like to speak for this application? MARY BARHYTE: It is too much ground to take care of. THE CHAIRMAN: The applicant owns an area of .638 acres. On this area are two houses. The proposal is divide and are you going to sell one? Southold Town Board of Appeals -9- September 2, 1976 MARY BARHYTE: Yes, the house on the corner. WILLIAM BARHYTE: There was a tenant in there, but he moved, so we've been taking care of ii for the last five years, shoveling snow and mowing lawn. I'm getting too old for that. THE CHAIRMAN: The proposal is to divide up the property as is and sell off one piece. Is there anyone present who wishes to speak against this application? (There was no response.) I might explain that the applicant has .638 acres and the locations of the houses are such that th~>lot to be re- tained will have a larger area than the one that they are relinquishing. Actually, the lot that you will be selling will be 150' x 50', 7,500 sq. ft.. That's about 1/5 of what's required today. That's one of the things that's hard for people to understand. When you create two lots like this, we're really recognizing an existing situation. There's no change in the density of the area. After investigation and inspection the Board finds that the applicant requests permission to set off existing dwelling on undersized lot, Horton Avenue and Oak Street, Mattituck, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the. same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, William and Mary Barhyte, 735 Horton Avenue, Mattituck, New Yo~k, be GRANTED permission to set 6ff existing dwelling on undersized lot, Horton Avenue and Oak Street, Mattituck, New York, subject to the following condition: There shall be no further division of the property. Vote of the Board: Ayes: Hulse, Grigonis. Messrs: Gillispie, Bergen, Southold Town Board of Appeals -10- September 2, 1976 PUBLIC HEARING: Appeal No. 2179 - 8:20 P.M. (E.D.S.T.) upon application of Jonathan D. Stern, Main Road, Orient, New York for a variance in accordance wi~h the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to change lot lines in a minor subdivision. Location of property: Private Road off north side Main Road, Orient, New York, bounded on the north by Long Island Sound; east, south, and west by other land of applicant. The Chairman opened the hearing by readin~ t~e appli- cation for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that the Building Inspector advised the applicants that they do not need to notify their adjoining property owners. Fee paid $15.00. THE CHAIRMAN: I see the Planning Board disapproved this. JONATH3~N STERN: We haven't been to the Planning Board. Originally we did, when we got the minor subdivision approved, but we haven't been since then. THE CHAIRMAN: There's a copy of the resolution h~re of August 30: RESOLVED to disapprove the change of lot lines on minor subdivision of Jonathan Stern because ~he change creates two substandard lots because they do not have the required 150 width at the building line. When I looked at them, they looked like they were al~ right. JONATHAN STERN: Ail we are doing is moving this line over from .here to here (on map). (Mr. Stern and the Board then referred to the map and discussed the property and the location of the prop- erty lines.) THE CHAIRMAN: It looks OK to me. I don't know what they (the Planning Board) are talking about then. Are you in a hurry for this? JONATHAN STERN: What do you mean by that? THE CHAIRMAN: Well, we'll have to find out what their purpose was. Southold Town Board of Appeals -11- September 2, 1976 JONATHAN STERN: Who was it that siad that there was a problem? ROBERT BERGEN: The Planning Board. THE CHAIRMAN: Did you give any testimony at the Planning Board? JONATHAN STERN: No. (The Chairman again read the Planning Board resolution.) It's 150', isn't that what you need? MRS. STERN: We had never had the markers down before, and when they put the markers down, they cut our point right in half and just ruined that building lot. We thought we had the whole point. We moved it over. THE CHAIRMAN: ~h~s one here is 135', but you're not changing it any? JONATHAN STERN: No. Nothing's changed from here, these points (on map) are~exactly the same as before except they're just moving over a little to the east. THE CHAIRMAN: So that the lot will straddle the point. JONATHAN STERN: Right. Whoever owns that lot will have all of that point, which would be somewhat of an advantage. THE CHAIRMAN: This lot is being widened from 100' to 170' at the Sound. MRS. STERN: That's right. That's ours. THE CHAIRMAN: This is still yours? MRS. STERN: They're all ours. THE CHAIRMAN: Oh, I thought you sold one to Lorenzo. JONATHAN STERN: No, Lorenzo's way over here. This is all ours, this is all being done inside our property. MRS. 'STERN: When they came and put the markers down, it was entirely different than on the map. THE CHAIRFLAN: You mean, after they put the mark~s down, you made the decision ... Southold Town Board of Appeals -12- September 2, 1976 MRS. STERN: We realized ... JONATHAN STERN: We never had the marke~rs put in on the inside lots, only the outside. On the map it was done, but never with a monument. When we put the markers in we said, "Well that's not exactly the way we'd like to have it." We'd like to change it by going over 50' this way, which is what this is all about. THE CHAIRMAN: Did you explain all this to the Planning Board? JONATHAN STERN: We didn't go to the Planning Board. MRS. STERN:· They said to come to you. It looked so easy. We're within our own lines. THE CHAIRMAN: Well, they've given us a formal disapproval. I don't see what grounds they base this on. You're not changing anything. (The Chairman finished reading the application.) Is there anyone present who wishes to speak for this ap- plication, other than the Sterns? (There was no response.) Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to change lot lines in a minor subdivision, Private Road off north side Main Road, Orient, New York. The findings of the Board are~that the proposed change will increase the size of Lot ~4, increasing the waterfromt of this lot from 100' to 170'. The size of Lo~ ~3 will be decreased from 48,000 sq. ft. to 44,000 sq. ft., decreasing the waterfront of this lot f~om 180' to 150'. The size of~L~t ~2 will be de- creaSed from 47,000 sq. ft. to 42~;000 sq. ft.t decreasing the waterfront on this'lot from 190' to 150'. This will not change the frontage on the right-of-way on any of these lots in the minor subdivision. The Board feels this will improve the character of the subdivision by including the point in the whole of Lot ~3, rather than having the division between Lot ~3 and Lot ~2 split the point. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; Southold Town Board of Appeals -13- September 2, 1976 the hardship created is unique and would not be shard by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Jonathan D. Stern, Main Road, Orient, New York, be GRANTED permission to change lot lines in a minor subdivision, Private Road off north side Main Road, Orient, New York, as applied for, subject to Planning Board approval. Vote of the Board: Ayes: - Messrs: Gillisple, Bergen, Hulse, Grigonls. PUBLIC'HEARING - Appeal No. 2180 - 8:35 P.M. (E.D.S.T.) upon application of ~ohn A. Brester, Town Harbor Lane, Southold, New York (R. G. Terry, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: east side Town ~arbor Lane, Southold, New York, bounded on the north by Cecilia Brester; east by now or formerly K. Langer; south by Frances Woodward; west by Town Harbor Lane. The Chairman opened the hearing by reading the appli- cation for a variance, legal notice of hearing, affidavits attesting-to its publication in the official newspapers, and notice to the applicant. The Chairman also read s~atement from the Town Clerk that notification by certified mail had been made to: Mrs. Frances Woodward; Mr. Karl Lanzer. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RENSSELAER TERRY, ESQ.: I am here on behalf of Mr. John Brester. The property which he has consists o~f these two lots. His house is on What was a 50' lot originally .and she subse- qu'~ntly, purchased this 32' piece to straighten her line, and then he purchased the 100' lot with a depth of 26~' in 1966 and purchased the other lot in 1967. The irregular strip was at- tached to this property. So we have an 82' house here; across the street is 120' and over here (on map) is a 100' lot. I think it would be in keeping with the character'of the neighborhood. Mr. Brester indicated that these properties-have bee~ carried on the tax rolls since 1966 as separate~ billed as two separate parcels~ Southold Town Board of Appeals -14- September 2, 1976 THE CHAIRMAN: T~e copy of the tax map indicates that ad- joining these two is a lot of approximately the same size, maybe smaller. Further to the northeast is a much smaller lot, and there is a larger lot here (on map) which sort of surrounds the~ property. The area consists of, otherwise, lots of considerably under 40,000 sq. ft. as well as one or two which are larger. They bought this addition to Mrs. Brester's ... RENSSELAER TERRYt ESQ.: The original plot was a 50' plot and in order to straighten her line out, because it ran at an angle, she got this 32' THE CHAIRMAN: That was done at an earlier time? RENSSELAER TERRY, ESQ.: Yes. The original tract was one piece owned by a Mrs. Alice Louise Miller. Mrs. Brester pur- chased it. THE CHAIRMAN: This piece (on map), did you say, was sold to Mrs. Woodward? R~NSSELAER TERRY, ESQ.: Yes, and I believe that it was done at the same time that this tract was because otherwise Mrs. Miller would not have kept the 50' ..o THE CHAIRMAN: They made all these lots parallel, perpen- dicular to this road here. Both of these lots are to have 26,000 sq. ft.? RENSSELAER TERRY, ESQ.: Yes. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) Is there anyone who wishes to speak against this application? (There was no response.) After investigation and inspection ~he Board finds that the applican~ requests permission to divide property with in- sufficient width and area, east ~side Town Harbor Lane, Southold~ New York. The findings of the BoardTare that the area is com- posed of lots Which are undersized bt present standards~ and the division will not change the character of the area. The Board finds that strict application of %he Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all Southold Town Board of Appeals -15- September 2, 1976 properties alike in tke 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, John A. Brester, Town Harbor Lane, Southold, New York, be GRANTED permission to divide property with insufficient width and area, east side Town Harbor Lane~ Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2181 - 8:45 P.M. (E.D.S.T.) upon application of Rita G. Delaney, 1530 Boisseau Avenue, Southold, New York (Richard T. Haefeli, Attorney) for a special exception in accordance with the Zoning OrdiRance, Article III, Section 100-30 B (1) for permission to convert existing dwelling into two-family house. Location of property: east side Boisseau Avenue and north side Maier Place, SouthOld, New York, bounded on the north by Roy Taplin; east by J. Lescia; south by Maier Place; west by Boisseau Avenue. The Chairman opened the hearing by readiRg the appli- cation for a special exception, legal notice of hearing, af- fidavits attesting to its publication in the official news- papers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: George Barzak; John Lescia; G. Samonick; Roy Taplin; M. Gagen; Knutsens Marine Center, Inc. Fee paid $15. THE CHAI~LAN: The County tax Map shows that directly to the east of Lot ~21 are nine 100' or 110' lots, i40! depth. Is there anyone present who wishes to speak for this application? JOHN MCNULTY: I'~ appearing on behalf of Mrs. Delaney.~ I'd like to offer, if I may, six statements from th~ surrounding owners, Waiter Sawicki, Mark Gagen, Roy Taplin, George samanick, Denise Lesica, and George Barzac, which indicate that they have no objection to Mrs. Delaney's request. (Mr. McNulty submitted the six statements to the Board.) Mrs. Delaney purchased this property back in 1958 and conm structed the house in 1959. They constructed their home there and have lived there continuously. Her husband died receRtly. Southold Town Board of Appeals -16- September 2, 1976 THE CHAIRMAN: The lot is 100' by 140'. JOHN McNULTY: Correct. Mrs. Delaney's children ha~e grown up and have moved off to college, married, and so forth. We do not feel that there will be an increase in traffic, no more than there was when the Delaney children were living at home. Mrs. Delaney does need the additional income because the pension she is provided with is insufficient for her needs. Mrs. Delaney is here, the children are here, if any members of the Board have any questions, they will be glad to answer them, under oath or any way you wish. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) Is there anyone present who wishes to speak against this application? (There was no response.) I'll have ta speak against it for the Board. In the first place, I'm sure: y?u know that a zoning change, this is actually an application ifo~ both an area variance and a uae variance, while it's submitted on a variance form, it ~is b~h-~for area and use. A use variance is for What it says, use of the prem- ises. An area variance is less seriously regarded by the courts. In other words, there are many things that the applicant can show for an area variance that can't be used for a use variance. The qUestion of 0b~aining the neighbors' consen~ is helpful, but d~esn'it help ~h~iBoard from the standpoint Of legal reasoning, either for or against. It's not a popularity co,test. are not uing the use that drastically, we are sti~l contin- area. What we're having is two separate fam- THE CHAIRMAN: For our pusposes here, it's prett~ well de- cided that separate cooking facilities indicate.~separate resi- dential use~and that's what we go by. As you know, all our studies have indicated that we had to go to 40,000 sq. ft. and this was originally built when zoning Was~12,500 sq. ft., and the changes since require, in the Ordinance, require for a Southold Town Board of ~pp~' -17~ September 2, 1.976 two-family residence on a single lot that there be 80,000 sq. ft.. Since the Court of Appeals in Albany reversed us, it was our only reversal, we have not ventured to change the law on this parti- cular item. When we first went into business, back in the late 50's, there were a lot of older houses on substantially sized lots, considerably bigger than this one, which were being neglected and run down and the thought of the Board was that it's better to have two or even three families, somebody occupying them so they didn't deteriorate even further. So we granted several in that catagory and one down in Orient, Skipper's Lane, was appealed to the Appel- late Division of the Supreme Court, Court of Appeals, in granting this, and the Appellate Division supported the Supreme Court. The people in Orient took it all the way to the Court of Appeals in Albany, and when it got there they reversed this proposed de- cision because the Board of Appeals was assuming a legislative function. Changes in the Ordinance are a duty of the Town Board. This is a problem that has consistently appeared all over the County and, as you probably know, the question of financial hard- ship cannot be used in this type of application for our consider- atiOn, everybody being presumed to have some kind of financial hardship. I would have to recommend to the Board that this be denied. You are certainly welcome to appeal it. JOHN McNULTY: I would beg to differ with your interpreta- tion, Mr. Gillispie, in that we are seeking a special exception rather than a variance for use. I believe that the Ordinance pre- sumably states that a special exception pertaining to a two-family residence is permitted in a residential district~ They are in a residential district. They are entitled to a special exception providing they meet the criteria which is set forth in the Ordi- nance itself; namely, we do not create overcrowding, increase traffic hazards and so forth. THE CHAIRMAN: I understand your reasoning, but I would have to interrupt You to say that one of the reasons we can't do this, it's not the Only one, but I think the first reason is that the lot is far less than 80,000 sq. ft.; the second reason is that if we did this, everybody in Town would be after us, there are any number of people that could sasily convert their residences to a two or three-family, even four-family residence. JOHN McNULTY: I accept that as the admission that the Town Board has a direct plan for the entire Town. THE CHAIRMA/~: I don't know, you've got a point, there, because I think the Town Board, perhaps, might give considera- tion to using a different criteria. I think 80,000 sq. ft. is pretty rough. It seems pretty severe. After investigation and inspection the Board finds that the applicant requests permission to convert existing dwelling $outhold Town Board of Appeals -18- September 2, 1976 into a two-family house, east side Boisseau Avenue and north side Maier Place, Southold, New York. The findings of the Board are that ~he size of the lot is too 's~ll, financial difficulties are not a legal reason for obtaining a special exception for this purpose, and granting of this application would be contrary to the reversed decision of the Court of Appeals. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use dis- tricts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Rita G. Delaney, 1530 Boisseau Avenue, Southold, New York, be DENIED permission to convert existing dwelling into two-family house, east side Boisseau Avenue and north side Maier Place, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2176 9:00 P.M. (E.D.S.T.) upon application of George Ahlers, Builder, Inc., 250 Cox Lane, Cutchogue, New York for a variance in. accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Sche Schedule for permission to build attached garage in front yard area, reducing existing setback. Location of propgrty: North Sea Drive, Orient, New York; Orient-by-the-Sea Sub- division, Lot ~49. The Chairma~ opened the hearing by reading the appli- cation for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Anna Weisbrad; Shirley Quinn. Fee paid $15.00. THE CHAIRMAN: Did you build this house? GEORGE ~_~LERS: Yes, and we just put an addition on it. Mr. and Mrs. Dooley asked me to inquire if it would be pos- sible to make that garage two feet longer, reducing the front yard to 33'. I spoke to Howard about it, he said to suggest it and see what happens. This is what they would liketo do. Southold Town Board of Appeals -19- September 2, 1976 THE CHAIRMAN: To my recollection, this is ... we were asked on the adjoining h~u~e to the east, there's a bend in the road, Soundv~e~ Road, the road doesn't necessarily con- form to the Sound bank. This next fellow here is much closer than this house. You're about ... what did you say it was? GEORGE AHLERS: The existing is, I believe, is 65' It goes to this corner (on map), it's 65' The existing corder of the house to the property line is 65'. (The Board and Mr. Ahlers then discussed the location of the house and the adjoining property.) THE CHAIRMAN: Now they would like to build out 2' more than is shown. GEORGE AHLERS: They would like to reduce the front yard to 33', rather than 35' THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) Is there anyone who wishes to speak against this appli- cation? (There was no response.) Anyone have any questions. (~ere was no response.) After investigation and inspection the Board finds that the applicant requests permission to build attached garage in front yard area, reducing setback to 33', North Sea Drive, Orient, New York. The findings of the Board are that the Board is in agreement with the reasoning of the appli~-~h~. The Board finds that strict application o~ the Ordinance would produce p~actical 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. Grigonis, it was RESOLVED, George Ahlers, Builder, Inc., 250 Cox Lane, Cutchogue, New York be GRANTED permission to build attacted Southold Town Board of Appeals -20- September 2, 1976 garage, reducing setback to 33', North Sea Drive, Orient, New York, as applied for, subject to the following condition: The entrance to the garage shall not be directly on the street. The garage door shall be to the west. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T.), Thursday, September 23, 1976, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Raymond F. Doyen and Serge J. Doyen, Jr., Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100~70 & ~tk'~Schedule for permission to divide property with existing buiIdings. Location of property.: West Street and Equestrian Avenue,FFishers Island, New York, bounded on the north by West Street, east by Equestrian Avenue; south by Mauntzoures & Paulios; west by Henry Ferguson Museum, Inc. Vote of the Board: Ayes: Hulse, Grigonis. Messrs: Gillisple, Bergen, On motion by Mr. Griqonis, seconded by Mr. Bergen, it was RESOLVED that: the Southold Town Beard of Appeals set 7:45 P.M. (~.D.S.T.), Thursday, September 23, 1976; at the Town Office, Main R~ad, Seuthold, New York as the time and place of hearing upon application of Clifton and Josephine Isaacs, 410i0 Depot Lane, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permissien to divide property with insufficient width and area. Location of property: east side Depot Lane, Cutchogue, New York, bounded on the north byyZaneski; east by Zaneski; south by Sacred Heart Church and Cemetary; west by Depot Lane. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -21- September 2, 1976 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T.), Wednesday, September 15, 1976 at the Town Office, Main Road, Sou~holdt New York as the time and place of hearing upon appliCation of St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York (San Simeon by the Sea) for a special exception in accordance with the Zoning Ordi~ance~rti- cle III, Section 100-30 & Bulk Schedule and requirements of' "M-i" and "B" zones for permission to erect and maintain multiple dwel- lings and dormitory-type dwelling units. Location of property: Main Road, Chapel Lane, and CR27, bounded on the no/~h by CR27 and A. Sb~me~ and others; east by Village of Greenport; south by Main Road (Route 25).; west by Chapel Lane. Vote of the Board: Ayes: Hulse, Grigonis. Messrs: Gillispie, Bergen, On motion by Mr. G~gonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:55 P.M. (E.~D..S.T.) t~ 8:35 P.M. (E.D.S.T.), Wednesday, September 15, 1976 at the Town Office, Main Road, Southold, New York as the .times and place of hearing upon application of St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenpot, New York (San Simeon by the Sea) for variances in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and requirements of "M-l" and "B" zones for permission to re- duce setback on buildings, Appeal No. 2107, 2186 - 2194. Loca- tion of property: Main Road, Chapel Lane, and CR27, boundedaon north by CR27 and A. Shames and others; east by Village of Green- port; south by Main Road (Route 25); west by Chapel Lane. Vote.of the Board: Ayes: - Messrs: Gillispie, Berge~ Hulse, Grigonis. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board 8:40 P.M. (E.D.SiT.) to' 9:15 P.M. (E.D.S.T.), 15, 1976 at the Town Office, Main Road, Southold, New York as the times and place of hearing upon application of St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenpoi~, New York CSan Simeon by the Sound) for ~ariances in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and requirements of "M-I" and "B" zones for permission to Southold Town Board of Appeals -22- September 2, 1976- locate parking in front yard area, Appeal No. 2195 - 2202. Loca- tion of property: Main Road, Chapel Lane, and CR27, bounded on north by CR27 and A. Shames and others; east by Village of Green- port; south by Main Road (Route 25); west by Chapel Lane. Vote of the Board: Ayes: Hulse, Grigonis. Messrs: Giltispie, Bergen, Nine (9) Sign Renewals were reviewed and approved as submitted. The meeting was adjourned at 9:20 P.M. (E.D.S.T.) Re~,~ctfully submitted, Mary F~/ Dawson Secretary R . ' ' p' , .,