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HomeMy WebLinkAboutZBA-03/26/1976 APPEAL BOARD MEMBERS Robert W. Gilllspie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals I~OUTHOLD, L. I., N.Y. 11971 Telephone 765-2660 MINUTES Southold Town Board of Appeals March 26, 1976 A special meeting of the Southold Town Board of Appeals was held at 12g00 otclock Noon, Friday, March 26, 1976, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Fred Hulse, Jr. Also present: Sherley Katz of the L~ng Island Traveler- Mattituck Watchman; ~ir. William Schriever; Mr. Howard Terry, Building Inspector. Absent~ Mr. Robert Bergen and Mr. Serge D~yen, Jr. A public hearing on Appeal No. 2104 was scheduled for February 26, 1976. After some discussion it was recessed to March 18, 1976. On March 18, 1976 at a regular meeting of the Board of Appeals the decision of the Board was postponed until today's date, March 26, 1976. T~e legal notice for this appeal reads as follows: "Upon application of William Schriever, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30/31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: N/S Orchard Street, Orient, New York, bounded on the nprth by other land of applicant; east by W. Wysocki; south by Orchard Street; west by Vail." The decision of the Board is as follows: Southold To~rnBoard of Appeals -2- ~arch 26, 1976 By investigation and public hearing the Boa.vd determined the following facts pertinent to the decision~ The applicant, William Schriever~ purchased several years ago a tract ef approximately 13.89 acres generally located in the interior of an area bounded by Village Lane and residential properties on the west; Tabor & Sons on the north; Tabor Road and other land of Schrisvsr on the east~ and bounded on the south by residential properties as well as Orchard Street in the hamlet of Orient. The property under application in Appeal No. 2104 might be described as a vacant lot similar in size and character to the median range of all lots in the block referred to above, and described as to lot acreages in letter of Van ~yl of February 6, 1976. The subject property is part of the 13.89 acres purchased by Schriever and assembled by a prior owner. This perimeter lot was offered to the Town Beard to be included in the cluster zoning which has been approved by the To~n Board. However, the area under application consisting of 25,000 sq. ft. approximately, roughly 96' x 269', was excluded from the clustered area which the Town approved. Their action was followed by a Planning Board recommendation that th_is perimeter lot be granted a variance from the bulk requirements of the Ordinance. The perimeter lots, if included in the clustered area, could have been used for residences without variances. In the opinion of the Appeals Board, since the area under application could have been used for residential purposes in the original cluster concept presented to the Town, its elimin~tion from the clustered area presents unusual, unique, e/id practical hardship to the applicant since it ~uld leave the applicant with a 29,000 sq. ft. area which could not be used for residential purposes unless granted a variance; nor by reasen of its size and iselation could it reasonably be used for a~ricultural purposes. Use of the area under application for residential purposes would be in keeping with the character of the area~ which is largely residential on lots of the same or lesser size. In considering the arguments advanced in the public hearing by William Rich III, and in two briefs submitted as part of the record, we find reference to Mr. Schriever's past actions in matters in which the co~unity is concerned to be of interest but not relevant to the dedisien. We further find that Dr. Moor- Jankewski is in litigation with the applicant and that Mr. Rich is actively attempting to purchase land described in Appeal Nc. 2109. It is obvious,as confirmed by the appraiser~ that land unsuitable for residential or agricultural use is far less valuable than if such uses were permitted. In addition, we are informed that granting cf this variance will not increase the density factor as applied to the 13.89 acre tract, and that Dr. Mcor-Jankcwski~s property is several hundred feet from the site. Southold Town Board of Appeals -3- Hatch 26, 1976 We do not agree that title to the substandard parcel applied for here was merged by the applicant, since the parcel under dis- cussion was all part of the original Sch~iever purchase, nor has he elected to combine this property with adjoining propertyl rather, he is in the position of havin~ to set off this parcel as a result of an administrative action of the Town Board relating to perimeter lots of the applicant. Nor is this situation a self- imposed hardship but, instead, we find the hardship created is forced on the applicant, and it has been suggested to us by the Planning Board as a matter for relief. We do not find that a lando~-ner's plans have been frustrated by a zoning ordinance. On the contrary~ we find the landowner~ in this Case, has sub- mitred his entire acreage to the Town Board for clustering (as outlined in black on Van Tuyl survey of April 22, 1975) resulting in practical difficulties about what to do with perimeter lots, such as this one, which would~ in effect, be condemned for ordinary residential and agricultural use. In the last generation Orient farmers have been reduced from about thirty to less than ten, and the agricultural de~-~d for isolated one-half acre lots is minimal. We do not find the situation similar to Cowan~ 1/26/76, Appellate Div., 2nd Dept., Cowan v Kern 378 NYS2D 746. Variances have not been granted to adjoining lots~ hardship is not self- imposed. 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. Grigonis, it was RESOLVED, William Schriever, Main Road~ Orient, New York, be GRANTED permission to set off lot with insufficient width and area which is located on the north side of Orchard Street, Orient, New York, bounded on the east by Wysocki and bounded on the west by Vail~ as applied for. Vote of the Boards Ayes~- Messrsl Gilliepie, Grigonis, Hulse. Southold To~n Board of Appeals -4- March 26, 1976 A public hsarln~ on Appeal No. 2105 was scheduled for ~ebruary 26, 1976. After some discussion it was recessed to March 18, 1976 because of a technical error in notification. On March 18, 1976 at a regular meeting of the Beard of Appeals the decision of the Board w~s postponed until today's date, March 26, 1976. The legal notice for this appeal reads as follows= "Upon application of William Schriever, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100/30/31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: North side Orchard Street and west side Tabor Road, Orient, New York, bounded cn the north by other land of applicant; east by Tabor Road; south by Orchard Street; west by W. Rich." The decision of the Board is as follows: By investigation and public hearing the Board determined the following facts pertinent to the decision: The applicant, William Schriever, purchased several years ago a tract ef apprcximately 13.89 acres generally located in the interior of an area bounded by Village Lane and residential properties on the west; Tabor & Sons on the north; Tabor Read and ether land of Schriever on the east; and bounded on the south by residential properties as well as Orchard Street in the hamlet of Orient. The property under application in Appeal No. 2105 might be described as a vacant lot similar in size and character to the median range of all lots in the block referred to above, and described as to lot acreages in letter of Van Tuyl of February 6, 1976. The subject property is part of the 13.89 acres purchased by $chriever and assembled by a prior owner. This perimeter lot was offered to the Town Beard to be included in the cluster zoning which has been approved by the Town Board. However, the area under application consisting of 28~530 sq. ft. approximately, (roughly 113' x 253') was excluded from the clustered area which the Town approved. Their action was followed by a Planning Board recommendation that this perimeter lot be granted a variance from the Bulk requirements of the Ordinance. The perimeter lots, if included in the clustered area~ would have been used for residences without variances. In the opinion of the Appeals Board, since the area under application could have been used for residential purposes in the original cluster concept presented tc the Town, its elimination Southold To~n Board of Appeals -5- March 26, 1976 from the clustered area presents unusual, unique, and practical hardship to the applicant since it wuld leave the applicant with a 28,530 sq. ft. area which could not be used for residential pur- poses unless granted a variance; nor by reasen of its size and iselation could it reasenably he used for agricultural purposes. Use of the area under application for residential purposes would be in keeping with the character of the area, which is largely residential on lots of the same or lesser size. In considering the arguments advanced in the public hearing by William Rich III, and in two briefs submitted as part of the record, we find reference to ~.r. Schriever's past actions in matters in which the conu,~nity is concerned to be of interest but not relevant to the decision. We further find that D~. Moor- Jankowski is in litigation with the applicant and that ~r. Rich is actively attenrpting to purchase land described in Appeal No. 2105. It is obvious, as confirmed by the appraiser, that land unsuitable for residential or agricultural use is far less valuable than if such uses were permitted. In addition, we are informed that granting of this variance will not increase the density factor as applied to the 13.89 acre tract, and that Dr. Moor-Jankowski's property is several hundred feet from the site. We de not agree that title to the substandard parcel applied for here w~s merged by the applicant, since the parcel under dis- cussion was all part of the original Scb_riever purchase, nor has he elected to combine this property with adjoining property~ rather, he is in the position of having to set off this parcel as a result of an administrative action of the To~-n Board relating to perimeter lots of the applicant. Nor is this situation a self- imposed hardship but, instead, we find the hardship created is forced on the applicant, and it has been suggested to us by the Planning Board as a matter for relief. We do not find that a landownerts plans have been frustrated by a zoning ordinance. On the contrary, we find the landewner~ in this case, has sub- mitted his entire acreage to the Town Board for clustering (as outlined in black on Van ~hiyl survey of April 22, 1975) resulting in practical difficulties about what to do with peri- meter lots, such as th_is one, which ~uld, in effect, be condenmed for ordinary residential and agricultural use. In the last genera- tion Orient farmers have been reduced from about thirty to less than ten, and the agricultural de.nd for isolated one-half acre lots is minimal. We do not find the situation similar to Cowan, 1/26/76, Appellate Div., 2nd Dept., Cowan v Kern 378 NYS2D 746. Variances have not been granted to adjoining lots~ hardship is not self- imposed. Southold Town Board of Appeals -6- March 26, 1976 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 districtS 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 RESOLVED, William Schriever, Main Road, Orient, New York, be GRANTED permission to set off lot with insufficient width and area which is located on the north side of Orchard Street and the west side of Tabor Road, and bounded on the west by W. Rich III, as applied for. Vote of the Board: Ayes:- Mesers: Gillispie, Grigonis, Hulse. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 9:25 P.M. (E.S.T.)~ Thursday, April 8, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Samuel & Betty Jane Copin, Albertson Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Town Law Section 280A, for approval of access to interior lot. Location of propertyl west side of Alberteon Lane, Greenport, N. Y., bounded on the north by Guranaschellis east by Albertson Lane, Cassidy & G~tranaschelliS west bu Guranaschelli. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. The meeting was adjourned at 12:35 P.M. PPROVED Robert W, 9illispie, St,, Chairan Respect~fullf s~mitted, ~ Marjo~ie McDermott, Secretary