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HomeMy WebLinkAbout1200 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. ].200 Dated Al~ust 12 ~ 1968 ACTION OF THE ZO~NG BOARD OF APPE~ OF T~ TO~ OF SO~HO~ ~rt & Thane Grilli ~ ~ To Washingt on Aven~ ~e~r~ ~w York 119~ DATE .~.~l~,b.~. 5,1968 Appe~anl at a meeting of the Zoning Board of Appeals on Thursdays September 55 1968 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property -- ( ) Request for a special exception under the Zoning Ordinance 1( ) Request for a variance to the Zoning Ordinance ( ) the aDPeal 1. SPECIAL EXC~,PTION.:'By resolution of the B~ard it Was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordiuance~ and~ the de'cisi~on of the Building Inspector ( ) be reversed ( ) be confirmed because 7.'45 P.M. (E.D.S.T.)~ Upon application c~' Albert and Thaine Grillis Washington Avenue~ Greenport~ New Yorks for a variance in accordance with the Zoning O~dinance~ Article III~ Seotlon 3035' ~ Article X, Section 1000A, for pera~ssion to reduce frontage. Location cd proper.ty: north side Washington Avenue, Greenports New York, 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE ( (c) The variance (does) (does not) observe the spirit of the Ordinance and change the character of the district because SEE REVERSE (would) (would not) FORM ZB4 and therefore, it was further determined that the requested variance ( ) be granted ( ) be cl~nied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, ~ ' BArbara C. Dittmanh~ Secretary After ~nvestigation and ~nspecti°~ ~e Board finds that the applicant has reduced~ the frontage c~ the property, This was done so that the neighbor, D~non, could have the existing d:~veleay without it encroaching on the property of the app!ican~;, The ~oard a~rees with a~L1 the reasoning of the applicant as to the reasons for granting the application applzed fore A~ Condition of granth~j th~s variance is that no side yard;variance may be considered on the property of the applicant, Grilli, now or ~n the future, The Board f~uds that strict application of the O:cl~a~ce will produce practical d~fficulties or unnecessary hardship; the hardship created is Unique and would not be shared by all properties alike in the :immediate vicinity of th~ ~rc~ue~y ,~n~ in the same use d~strict; and ~e variance d~es observe the spirit of the Ordln~.e and w~ll not chan~e ~he character of the distr~ct, TH~BFO~ IT WA~ ~SO~VBD Albert and Thaine Grilli~ Washington Avenue~ Greenl~ort~ New York~ be granted permission to reduce frontage on property located north side Washington Avenue, Greenport, New York~ as a~plied for, subject to the above condition, ~ of ~oXd, Suf~ C~ty, ~ Y~, S~d, S~ X~k, ~ A~t 20, l~, ~ ~e 7J30 P.H. (IG.D.S.T.), upon &ppl).catXon of Rabert A. ~O X~ ~ m~W vX~ ~o State of Mw Y~k bn ~, ~ 28M. ~tlm of ~y* ~XvaU r~d off Uot o~ OXe ~ ~, ~ttXt~, ~ York, ~d ~ 7,4S ]P.M. (B.D.S.T.), upon 8ppX~cetb)n of and ~ Gr&XXX, wmshing~on Avenue, clreen]po~t, Bev £or · virLun~e ~n lecordonco vX~h tam ~ouXng A~J~Xe XXZ, Section 303, mad ArtXcXe X, SeC~XOm amended Build~,ng Zone Ordinance of the Tow~ of Southold, Suffolk County, New York, public %~arings will be hel~ by the Zoning Board old, at the Town Office, Main Roact, Southolcl, New York, on September ?:30 P.M. (E.[O.S~T.,) upon appli- fwd lots ir~ accordance with the .with the Zoning Ordinance, Article / pear at the time and place above ltAu30 COUNTY OF SUFFOLK, ~ STAT - OF N -W YORK. j ..: ~.~.,.. ~ .~c.~.~ .~f..~.~:..(.~c..~ :./:~.~ .... ~ing duly Sworn, s~s that .. ~.. is Printer and Publishe~ of ~e SUFFOLK WEEKLY TI~ES, a news~per pubUsh~ ~t Greenport, in ~d county; and ~at the noti~, of which ~e ,~ne~ed is a print~ ~py, ~s been published in the ~d Suffolk Week~ Times ~nce in each week, i~r ....... (~ ivi: .............. w~ks suc~ssively ~mmencing on the . .~ ~(~ ........... day of . . ~ ~. ~ ~ ~,~ ~ ...... 19 ~'. ~'. .~ .. '. ~. ~ "%~k~X ........ Swarn to ~e me this . .~ c'. ~K~... day of . .. 6~ ~.c~/~'~ ..... 19~.~.. ] ._ .......................... COUNTY OF SUFFOLK STATE OF NEW~ 'YORK t LEGAL-NOTICES NOTICE OF H~A_~I~GS Town of Southold, Suffolk ,Cot~nty, NeW York, pUbliC hearings w~ll be held by the Zoning Board of Appea~ of ~he ToE of ~uShold~ at the Town office,' Main' Road, Southold, New York, on Se~m~e~ ~5, 1~8~. on th~ foll0~ng ap~s: ' : of ~bert A. ~d P~llis A. ~aeb, Woodc~ Drive, ~attituck, New York, for Per--sion to divide' lots and for ac~ss ~ two lots ~ ~ of proper~y: north side Vgss~ngtox A~zenue, Oreen~Port, New york. C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for .... ~/~....~..~../__~,~week/s/~ -- n ~ successively, com?~encing o the ............. ~,.~.. ...... ~ .......... day of ............ .~..,~-~...~ ...... 1~..~---~.. ~ Swor/~to before me this ....... ,~-..~..'~ ........ day of ........ ......... ........... .............. APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN _OF SOUT~OLD,. N. Y. APPEAL NO. /' ~ ¢ £) (We) 4klb.¢.~.t..ga4. :TJTa Ja~. ,Qr.111i ................. of W .a.s h~.n. ~t..o...n...'.~.' y..e...n.U .~ .............. i .................. .... Name of ARpella,nt Street 'and Number C-reenpoz:t- - - · N. ¥. HEREBY APPEAL TO Municipality State THE ZONING BOARD' OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ORDER TO REMEDY VIOLATION ,t~::~J ~ ~ ~J~X[(Tff',~ ~ ~ NO ..................................... DATED ........ . .A...u.g.u..s..t....6. :....1..9..6...8. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Washington Avenue ~&~*~/CT#I~& Stteet Use District on Zoning Map lv~op No. Lot No. ~- 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) ART. III Sec. 303Aand ART. X Sec. 1000A. 3. TYPE OF APPEAL Appeal is made herewith for (%) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws A~t. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAE A previous appeal ~r~(ha:s nbt) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance~to the ;Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Con ti nued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because either the driveway of house on neighboring lot 18 would have to be removed or it would remain as a cloud on title to Lot 17 as an encroachment. Lot 18 being only 50 .feet wide~- there is no room to-move driveway so same will be entirely on lot 18. If it were relocated east of house, the angles creaied as the cars drove around back of the house would be quite difficult. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Lot 1'7 (and 16), together~ 100 feet, have been vacant since McCrea~'ey~s Farm preceded said,M~p No. 651 and driveway was apparently not known to encroach or at least no one was concerned. All of which was prior to enact- ment of said Zoning Ordinance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because despite all the furor nothing has been changed on the ground. The houses are still'where they were, the driveway is still where it was, just the invisable boundary line has been moved five feet west so that the driveway no longer encroaches and, in fact~ is proudly located upon land of its owner. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) ss Sworn to this ..................... /..~......~.... ......... day ALBERT and THAINE GRILLI~ ~r Signature Age'At of ................. .A., .u.g..u..s..i~. ........................ 19 68. Notary Public MII~IA~v~ HAt~TLEY I~0TARY ~UBL~C, St~.te of New No. 52-1695~(~) S~o~ Co~-~ ~si0n Bxpiz'es Mm'~h 30, 19...~ August 22, 1968 Albert & Thaine Grilli Washington Avenue Greenport, L.I., New York 11944 Dear Mr. & Mrs. Grilli, In the legal notice you received the date for the Board of Appeals hearings was stated to be August 29. This date has been changed. The hearing on your application will be held on September 5. Yours truly, ? Robert W. 'Gtllispte,Jr.~ Chairman Southold Town Board of Appeals EXHIBIT "A" Reference is made to surveys of Lots 16 and 17, attached hereto as Exhibit "B", owned by Albert and Thaine Grilli, and survey of Lot 18, attached hereto as Exhibit "C", owned by Charles Dimon. All lots being part of Map of Washington Heights, dated December 8, 1927 and filed in Office of the Clerk of Suffolk County as Map No. 651. Charles Dimon bought house about twenty-one years ago, being Lot No. 18. On said lot was the house, a garage on the northwest cornelr and a driveway from said garage to Washington Avenue. Said lot is 50 feet frori and rear. Albert and Thaine Grilli bought Lots 16 and 17 in 1966 and built a house on same in 1967. When said Lots 16 and 17 were surveyed, for the first time it was found that the above driveway on Lot 18 encroached upon LOt 17 for its entire distance about one to two feet, more or less. In the spirit of good neighborliness, which must fit one of the high sounding phrases of the Preamble of the Building Zone Ordinance of the Town of Southold(maybe, the very much abused expression "General Welfare"), Mr. Grilli offered to sell his neighbor, Mr. Dimon, a five foot strip off his easterly boundary. In that way the two neighbors could gaze upon their estates and know the driveway was now where it should be, even thought nothing was changed. A person in the neighborhood, gazing from his estate to the east, west, north and south, could ascertain no difference; Mr. Grilli's house was where it always was, so was Mr. Dimon~s, and so was the culprit driveway, only that non-visable property line had been changed so there was no evil encroachment. Everyone shook hands and thought how well they had handled the vexing matter of the encroaching driveway. This mood, however desirous, was not to prevail. If the two neighbors involved were happy, if the adjoining neighbors were unable to ascertain any difference and therefore were assumed to be happy, a black cloud began to appear upon the horizon. Bureaurac~../ reared its ugly head. It seemed, though nothing had changed, and even though the spirit of neighborliness prevailed, that this happy solution violated the Building Zone Ordinance, Town of Southold, Suffolk County, New York, in which Town said premises were located. The sections violated by this seemingly harmless solution to a vexing problem were set out in an CE DER TO REMEDY VIOLATION, dated August 7, 1968 and executed on behalf of said Town by Howard Terry, Building Inspector. The sections cited as violated were Art. III Sec. 303~ and Art. X Sec. 100i.~(sic). Leaving aside the question as to whether ART. III Sec. 303A, Size of Lot Area, which provides "In the "A" Residential Agricultural District, no building shall be erected or altered on a lot having an area of less than twelve thousand five hundred (12,500) square feet and a frontage of less than one hundred (100) feet. ", has been violated because the house was erected on Lots 16 and 17 when the original deed showed 100 feet, there does seem to be a violation of ART, X Sec. 1000A, which provides: "No lot shall be sold, divided, or set off in such a manner that either the portion sold, divided, or set off, or the portion remaining shall have an area of less than that prescribed by this Ordinance for the district in which said lot is located." Also left aside are the questions whether ART. X Sec. 1000A is a legal exercise of the Town Board's authority and if it is constitutional. -2- An application is made, therefore, for variance to the Zoning Ordinance on the grounds stated on Form ZB1 herewith and in the name of common sense so that this neighborly solution to a vexing problem may have official approval, thus satisfying the said preamble of the said Zoning Ordinance. TOWN OF SOUTHOLD BUILDING I~PARTM~lqT TOWN CL~RK'S OFFICE SOUTHOLD, N. Y. ORDER TO REI~DY VIOLATION August 6 68 Date .................................. 19 .... Albert ~J~zLne TO ............... : .......................... (owner or authorized agent of owner) Washington Ave,! Gzeenport~ (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Art Ill see ~0~ & Art I seo Zoning Ordinance ...................... Other Applicable Laws, Ordinances or Regulations .................... five (~) feet of road frontage and laird at premises hereinafter described in that ................................................ (state character of violation) Have been sold from Lot 171 Washington Reigths! thereby reducing the Art III see 30~0 & Art X soo IOOA~ of Building Zone c~dinance in violation of ........................................................................ (,State section or paragraph of applicable law, ordinance or regulation) O~' Town of YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith in or before the ........................ August 68 day of ............................. 19 ..... ' The premises to which this ORDER TO REMEDY VIOLATION refers are situated at ]J/lJ Washington Ave~ Greenport! CA1 nt- 'of ............................................... ~ Suffolk, New York. Failure to remedy the oonditi, ons aforesaid .and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. Deed dated April 22t 1968 to ghas Dlnon Roeorded July 18! 1968 Building Inspector IRVING L. PRICE, ,JR. Attorney at Law 238 Main Street Greenport, N. Y. August 12, 1968. Zoning Board of Appeals, Town of Southold, Southold, New York. Re: Albert and Thaine Grilli Gentlemen: Enclosed herewith please find Appeal from Decision of Building Inspector in duplicate, together with check in the amount of $5.00. ILP:SD Enclosures Very truly yours, N 5UR. VCYED FO~ CHARLES 01 l'vl0 N. Jl:A. AT G ~E ENPOR'1* Su F~OLK CO.,N?/. S CAI. E: 10 i ~o.oo,x ~ ~8 8 E>O 0