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HomeMy WebLinkAboutZBA-02/26/1976 APPEAL BOARD MEMBERS Eobert W. GillBpie, Jr., Chairm~n Robert Bergen Cherles GrJgonis, Jr.. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I'., N.Y. 11971 Telephone 765-2660 MINUTES Southold Town Board of Appeals February 26, 1976 A regular meeting of the Southold Town Board'of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, February 26, 1976, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr. Also present: Sherley Katz of the Long Island Traveler- Mattituck Watchman. PUBLIC HEARING: Appeal No. 2102 - 7:30 P.M. (E.S.T.), upon application of Elizabeth A. Whalen, R.D. 3, Division Street, Ballston Lake, N. Y. for a~variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for per- mission to divide'~roperty with insufficient width and area. Location of property: Oak Drive, Broadwater Drive, Mason Drive, Cutchogue, New Y~rk boun~ed on the north by Oak DriVe; east by Broadwater Drive; south bY Mason Drive; west by Barreto & Others. 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 also read letter from the Town Clerk indicating notification by certified mail to John J. Delaney and Blanche Barreto. There is also copy of affidavit signed by Rudolph H. Bruer, attorney, and a description indicating that the two lots to be created are on land of Elizabeth Whalen. Southold Town Board of Appeals -2- February 26, 1976 One lot will have approximately 23,925 sq. ft. and the other approximately 23,817 sq. ft. The Notice of Disapproval from the Building Inspector indicates that neither lot will have 150 foot frontage or an area of 40,000 sq. ft. The application is accompanied by a photostat of the County Tax Map showing that applicant's property is surrounded by lots of similar or smaller size. It's a fairly well developed area. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH H. BRUER, ESQ.: I am here to speak for the applicant, Mrs. Whalen. She would be here but she lives way up state in Saratoga County and is approximately eighty years of age, and is almost blind. As you can see from the map of the area, it shows the property as she proposes to divide it. I call your attention to Lot 75 which has an existing house. Lots 75 and 76 would be one lot with no further division. Lots 73 and 74 would be one building lot. It is not ~an approved subdivision. It was surveyed in 1948 by Van Tuyt for William H. and Harry E. Mason. I believe this shows the property pretty much as it is. There is a house situated on Lot 72 which I believe is in single and separate ownership. Lots 75 and 76 were acquired by the applicant and her husband in November 1950 as one lot. Lots 73 and 74 were obtained in 1952 but the Deed was not recorded until 1953 or 1954. The error was picked up at the time of the death of Mr. Whalen, and at that time it was corrected. THE CHAIRMAN: So, for all intents and purposes, Mrs. Whalen owned all the lots prior to zoning. THE CHAIRMAN: Is there anyone present who has anything to add? MR. JOHN J. NICKLES: I am Mrs. Whalen's agent. I urge you to give kef fair consideration. As Mr. Bruer explained, there is a house on Lot 75. If she were not allowed to make Lots 73 and 74 one parcel, and Lots 75 and 76 one parcel~ it would be an unusual hardship in the light of the existing homes in the area. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Southold Town Board of Appeals -3- February 26, 1976 (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with in- sufficient width and area located Oak Drive, Broadwater Drive, and Mason Drive, Cutchogue, New York. The findings of the Board are that the majority of the lots in the vicinity of applicant's property are smaller than those which applicant proposes. 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 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. Bergen~ it was RESOLVED, Elizabeth A. Whalen, R. D. 3, Division Ballston Lake, N. Y., belGRANTED permission to divide with insufficient width and area located at Oak Drive, Drive~ and Mason Dr~ve, Cutchogue~ New York, as applied for, subject to the following condition: That this. application be submitted to the Suffolk County Planning Commission for approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated February 5, 1976 be approved aslsubmitted, subject to following correction: page 12, para. 12 - "Huckleberry Lane shall not be cut off" corrected to read "Huckleberry Lane shall be cut off". Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -4- February 26, 1976 PUBLIC HEARING: Appeal No. 2103 - 7:45 P.M. (E.S.To) upon application of Fred Hell, Bray Avenue, Mattituck, New York 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: S/S Sound Avenue and E/S Walnut Place, Mattituck, New York, bounded on the north by Sound Avenue and now or formerly Coutts; east by now or formerly Courts a~d Walnut Place; south by now or formerly W. & A. Corwin; west by now or formerly W. & A. Corwin, now or formerly L. Yarrusso & others. 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 also read letter from Town Clerk stating notification by certified mail was made to: Irving J. Johnson, Beckwith Avenue, Southold, New York, and Wilford B. & Anna J. Corwin, Factory Avenue, Mattituck, N. Y. The application is accompanied b~a Young & Young survey in dicating that the total area is approximately 28,735 sq. ft. and thst bordering this property on the west there are much smaller lots (130' x 45', 130' x 100', and other similar size lots). A photostat of the County Tax Map indicates that this property is surrounded by lots which are smaller than the two lots which applicant proposes to create. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH H. BRUER, ESQ.: I am acting as Counsel for William J. Clark, Esq. of Mattituck. I believe we have a situation where we have an extremely large lot when compared with Others in the area. There is an existing house. If the application were refused it would leave a funny looking piece of property which is unusually large for the area. As suggested on t:he Young & Young survey, the lot which would be cut off would be larger than other lots in the area. It would conform and would generally make for an improvement in the area. MR. ROBERT BERGEN: How does he want it divided? MR. BRUER: Just the way it shows here. The dotted line shows the distance from the house to the road. Southold Town Board of AppeaLs -5- MR. ROBERT BERGEN:~ D~g~ you have any objection ~i'the con- tinuation~of that line to-~intersect with the we~eri~i~ property line? .? ~ - MR. BRUER: NO;" ' -%~¢!~!C~ THE CHAIRMAN. i:,. ~D?~ anyone present windsOr'to speak against this application?i? - ~/~:~ - MRS. ANNA J,~ 'C~iN: What about ~he, b0~,i~that is on the premises now? ~_T~a,~h~/house should never '-~a~e been there in the first place. ~t is a two story house. ~ The ZOning Board never looked at-that house. If there ~as' e~r a fire there the whole block would go up in flames. THE CHAIRMAN: I believe you are saying that this house is improperly located. When was it constructed, around 19577 MRS. CORWIN: Yes, 1957. It is a house that was never finished. It was Williams! mother's house. He had tenants in there who were very noisy. THE CHAIRMAN: When did his mother die? MRS. CORWIN: Two or three years ago. THE CHAIRMAN: Was he left more property than I see here. I am trying to get at why this house was built so close to the line. MRS. CORWIN: It is very close and as I said before if there were ever a fire in that house the whole block would go. Everything is in a heap there. THE CHAIRMAN: I don't think this Board is the proper place to protest. We are considering an existing situation. If this is an error made by a builder you may want to make a complaint. M/{S. CORWIN: The boy built the house himself. It was supposedto have been an addition to a one story house. Instead, it is a two story house. THE CHAIRM~N: You say that that was supposed to be an addition to a one story house, which has been torn down. Was that west of the house? MRS. CORWIN: Yes. THE CHAIRMAN: (addressing ~. Helf) When did you buy the property? Southold Town Board of Appeals -6- February 26, 1976 MR. FRED HELF: I am in the process of doing it now. RUDOLPH BRUER, ESQ.: The application is to divide the property. It has nothing to do with the house or the closeness of it. THE CHAIRMAN: It might be of interest to your client if something is wrong with it. MR. FRED HELF: Back of this house, it is only 10 feet. From what I understand this front piece was sold off. THE CHAIRMAN: This must have been sold off after the house was built. MRS. CORWIN: Williams never owned that. Mrs. Howell owned that. When her house was torn down, the boy built that. He built in the southwest corner of the property. THE CHAIRMAN: There is nothing we can do about the location of the house now. I don't believe we can settle that. MR. HELF: There is a cellar under the house. , MRS. CORWIN: It could be moved. If they divide it into two building lots the house should be moved. THE CHAIRMAN: (addressing Mr. Helf) Are you going to live in the house? MR. HELF: My intentions were to rework it and sell it. THE CHAIRMAN: Is there anyone else who wishes to speak for or against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient width and area i°ca~ed on the south side of Sound Avenue and the east side of Walnut Place, Mattituck, New York. The findings of the Board are that the property of the applicant is surrounded by lots of a smaller size than applicant wishes to create by the division of the lot into two lots. The Board agrees with the reasoning of the applicant. S-uthold Town Board of Appeals -7- February 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 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, Fred Helf, Bray Avenue, Mattituck, New York, be GRANTED permission to divide property with insufficient width and area located on the south side of Bray Avenue and the east side of Walnut Place, Mattituck, New York, as applied for, sub ~ct to the following condition: That the line commencing at the northeasterly corner of applicant's property running in a westerly direction 77© 06' 10" shall extend to a point of intersection at applicant's westerly property line. Vote of the Board: Ayes:- Messrs: Gillisp~e, Bergen, Grigonis. THE CHAIRMAN: In connection with the William Schriever hearings, Appeal No. 2104 scheduled to be heard' at 7:50 P.M., and Appeal No. 2105 scheduled to be heard at 8:00 P.Mo, we have a technical error concerning Appeal No, 21.05 With the notification to adjoining neighbors. This is the first time this has happened since the citizens in SOuthold decided that all adjoining neighbors should be notified. The' notification was sent to William Rich, Jr., Box 95, Orient, NeW York, and, he, I presume, has nothing to do with this property. He is the father of William Rich III of 454 Port Washington Avenue, New York. Apparently, Mr. Rich, Jr. lives on an iSland in the East River and by the time Mr. Rich III received this notification he objected to the delay among other things. The Chairman read the following letter dated February 25, 1976 received from William Rich III: "As the owner of record of property on Orchard Street in Orient, I would like to express my objections to the Zoning Variance sought by William Schriever. Southold Town Board of Appeals -8- February 26, 1976 Because of the improper notice afforded me for this hearing I have been unable to arrange to appear before the Board personally. In view of the fact that my request for a postponement has been refused, I request that my memorandum be read at the hearing and be made part of the record for appeal, which will obviously be the very next step in this procedure." THE CHAIRMAN: Mr. Rich III called me last Monday, the 23rd, to say that he just received the notification. I explained to him that the Ordinance that the Town passed does not require %~ that the Board of Appeals assure that every notification is made. In some cases, people are out of the country. The ordinance was written to permit the applicant to certify to~ the Town Clerk that within five days of filing he is notifying the owners of adjoining properties that he is applying for a variance. MR. WILLIAM SCHRIEVER: We sent the notification to Orient. THE CHAIRMAN: You have to send the notifications to the address shown on the tax rolls. As I told Mr. Rich the Board would not have to be guided by this, and it is not going to influence us. However, in view of the complexity of this long and protracted negotiation with the Town Board and the Planning Board, we believe we should postpone these hearings until March 18, 1976. (The Chairman directed the secretary to write to Mr. William Rich III to inform him of the postponement to March 18, 1976.) Charles R. Cuddy, Esq. was present to-represent ~Mr. William Schriever. He said ~hat he did not see any ~ason why the other appeal, Appeal No. 2104 should be ~elayled. The~Chairman said that her personally, would not mind'making a decision but as the two were more or less inter,related, he felt that it better if they were heard t~e same evening after the ~ard had time to make further investigation. stated that Mr. Rich III enclosed a brief with his 3tating his various ob ~ctions. He had also given the Chairman some background over the telephone. Dr. Moor-Jankowski was present to speak against the applications. He said that he felt, with due respect, that the ~oard would be putting the cart before the horse if they made a decision before any definite plan was made. Ne said "we don~t know what Mr. Schriever will do with the property; once this is determined it will be in a better light". Southold Town Board of Appeals -9- February 26, 1976 There was a general discussion regarding clustering. The Chairman said that from an imaginative standpoint it could happen that a person could pick up all the back lots in a hamlet along with vacant lots on streets, and we would be setting a precedent unless the total area so acquired is used to compute cluster density. Mr. Cuddy said that all of the lots in the subdivision would be one half acre, so, each of the lots would, be approxi- mately the same size. The ~ots inside would have open space area. Mr. Schriever said that one of the reasons for this clustering application was the difficulty of developing, using the ordinary system, because there are two lots. They won't meet one acre zoning. We did not need a variance the way we originally made our application to the Planning Board. The Chairman asked why Mr. Schriever bought two half acre lots. Mr. Cuddy said that th~s parcel has been that way for years. So, when it was sold, it was sold that way. Mr. Schriever said that Tabor bought those pieces and added it to his farmland. When he sold it, he sold it as a package, and when I bought it, I bought it as a package. Dr. Moor-Jankowski said that it was his un derstanding that the Planning ~oard could not rule on the part that is under litigation. Mr. Cuddy said that he would also notify Mr. William Rich III of the change of date for the hearing of applicant, Mr. William Schriever. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that hearing on Appeal No. 2104, William Schriever, Orient, New York, be postponed from 7:50 P.M. (E.S.T.), February 26, 1976 to 8:00 P.M. (E.S.T.), March 18, 1976. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that hearing on Appeal No. 2105, William Schriever, Orient, New York, be postponed from 8:00 P.M. (E.S.T.), February 26, 1976 to 8:15 P.M. (E.S.T.), March 18, 1976. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, Southold Town Board of Appeals -10- February 26, 1976 PUBLIC HEARING: Appeal No. 2106 8:15 P.M. (E.S.T.) upon application of Karl E. & Virginia Guiter, 1480 Westphalia Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section t00-30 and Bulk schedule and Section 280A Town Law for permission to divide lot with insufficient road frontage, and for approval of access to interior lot. Location of property: E/S West- phalia Road, Mattituck, N. Y., bounded on the. north by MacNish; east by Mattituck Creek; south by S. Olmstead & Others; west by Westphalia 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. The Chairman also read letter from Town Clerk stating that applicant has filed notification by certified mail to: Estate of Satterlee c/o Mrs. S~dney Olmstead, and to Estate of Satterlee c/o Mary W. Mac Nish. The Chairman also read Notice of Disapproval from the Building Inspector, as follows: "proposed lot division leaves interior lot with less than 150' road frontage and unapproved access to interior lot." A photostat of the County tax map indicates that there is approximately 3.1 acres in applicant's property and similar acreage on both sides and further down the road to the north. The proposal is to set off 40,000 sq. ft. contiguous to applicant's Westphalia Avenue frontage and wishes to leave a 25 foot piece of property which will remain in the ownership of the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. KARL E. GUILER: We would like to sell off the front portion to the extent of an acre. We would reqnire a 25 foot right of access to our property. There is no other access other than from Westphalia Road. I understand from Van Tuyl that 25 feet would be sufficient. I think it would be about 181 feet to existing land. THE CHAIRMAN: I think all you need is approval from hers to your property line from us. MR. GUILER: There is one thought that might be of interest to MacNish and Lessa~d and that is that anyone Who would buy this property later on would be forced'to put their house back from that 25 feet which would be a buffer. If we were to take existing land and sell it as a rzght of way somsbody could built right against your property, very close to the line, so this is a consideration. Southold Town Board of Appeals -11- February 26, 1976 THE CHAIRMAN: Where is the present driveway? MR. GUILER: Approximately in the middle, 10 feet out. MR. ROBERT BERGEN: This would leave you about'two acres. Would you agree that you would not in the future divide~ that again. THE CHAIRMAN: You would covenant that you would not further divide this property. MR. GUILER: We would not think of doing it. We like our space. THE CHAIRMAN: Is there anyone present who Wishes to speak against this application? MR. VICTOR LESSARD: I speak for my mothe~-in-law. The right of way is What has us a little uneasy. I understand the idea and I liked it until after I had thought about it for a while. If the property is sold off then the driveway will have to come down that side. The driveway will be~sandy and it will blow our way. The south side of the house is 6 feet from the line, give or take a foot. It is my house... it's a barn. The present owners won't live forever and I am quite sure the house will remain long after I am gone. THE CHAIRMAN: Mr. Guiler is going to covenant that this will not be divided, it goes with the land, and will be filed with the County Clerk's office. MR. LESSARD: My house has four windows on the wes~ with a door, and three windows on the south. We have a prevailing southwesterly wind. I am~not going to ask Mr. GUiler to put a macadam driveway in to kee/p the dirt out of my house. On the south side of my property there is now a driveway that runs the full length of that line and he could still get the same thing he ms after. With the covenant he could not sell it anyway. THE CHAIRMAN: With the covenant, this property would always remain as two acres. MR. LESSARD: If the piece in front was sold~ and if the right of way was on the south side, there are no buildings on that whole side of the property. I would think that would solve everyone's uneasiness. I don"t know what it would entail for Mr. Guiler to run a driveway down that way. Southold Town Board,~ of Appeals -12- February 26, 1976 THE CHAIRMAN: I don't think that this is an unreasonable application. I don't believe that the Board can request that the driveway go down the other side for the reasons you stated. These are problems that come to all of us. Anyone who has a prevailing southwesterly b~eeze has a problem. MiR. LESSARD: You don't feel that the driveway would be too close to the house? THE CHAIRMAN: You can't tell Mr. Guiter what to do with his property. That's irrelevant. We are considering what he wants to do with his own property. MR. GUILER: There are trees that would have to be cut down. There is already a road down the full length of the property of a member of the family. I would have to parallel that road which would mean cutting down trees. I think this proposal will be to their advantage. There would be a buffer. MRS. LESSARD: I think our only consideration would be the closeness of the driveway to our house. If we could be granted a large enough buffer we wouldn't object. We have owned this property since 1949. THE CHAIRMAN: How long have you owned your property, Mr. Guiler? MR. GUILER: Since 1962. THE CHAIRMAN: I don't think we should move driveways around indisCriminately, and I believe the Planning Board would agree that the trees should not be destroyed. Are there any other questions? (There was no response.) After investigation and inspection the Board:finds that appl permission to divide property'with in- s~ffic frontage, and reque'sts appr~v~I of acC~ess to interior lot atedon the east side of Westpha~lia Road, Mattituck, N. Y. The findings of the Board are that locating the driveway as proposed would not destroy existing trees. The new access shall be improved with suitable bankrun, sand, and gravel subject to the approval of the Building Inspector. The Board agrees with the reasoning of the applicant sub ~ct to conditions. Southold Town Board of Appeals -13- Pebruary 261 1976 The Board finds that strict application of the Ordinance would produce practical difficulties oJr 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. Bergen, it was RESOLVED, Karl E. & Virginia Guiler, 1480 Westphalia Road, Mattit~ck, N. Y. be GRANTED permission to divide lot with in- sufficient road frontage, and for approval of access to interior lot, as applied for, subject to the following conditions: That new access shall be improved with suitable bankrun, sand and gravel,subject to the approval of the Building Inspector. That applicant shall sign covenant to be filed with the County Clerk's office preventing any further division of this property remaining to Karl E. and Virginia Guiler after the removal of the 40,000 sq. ft. lot on Westphalia Road. 3. Subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Griganis, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated February 13, 1976 be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. There were five (5) siqn renewals reviewed and approved as submitted. Southold Town Board of Appeals -14- February 26, 1976 Mrs. Nicholas Drossos came in (accompanied by Marjorie Clark) for an informal conversation with the Board of Appeals with respect to locating an outdoor moving picture theatre and Flea Market on seven acres of property of Mrs~ Drossos after the existing drive-in movie closes. Mrs. Drossos now ha~. a driving range on the property. The property is zoned "Business". The Chairman said that goods for a Flea Market could not be dis- played outside. There would have to be an enclosure. He said that the Board would contact her after further investigating the proposal. The meeting was adjourned at 10:00 P.M. APPR E / Respectfully submitted, Mar3orle McDermott Secretary Robert W. Gillispie, Jr., Chairman