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HomeMy WebLinkAboutZBA-03/02/1978 APPEAL BOARD MEMBERS ~ Robert ',,v~,. Gillispie, Jr.~ Chairman Robert Bergen Charles Grigonis, .Jr. Serge Doyen, .Jr. James Maimone Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119'71 Telephone 1892 MINUTES Southold Town Board of Appeals March 2, 1978 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, March 2, 1978, at the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; James Maimone. Also present: Peter Campbell, Suffolk Weekly Times; Shirley Bachrach, League of Women Voters. PUBLIC HEARING: Appeal No. 2395 - 7:39 P.M. (E.S.T.) upon application of Melania M. Leiblein, 2980 North Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of prop- erty: South side Route 25, Greenport, New York, bounded on the north by Route 25; east by Gull Pond Lane; south by E. A. Schoetzan, Lot 5 of Fordham Acres; west by A. Mazzaferro, Lot 3 of F~rdham Acres. 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 disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been ~ade to: Dr. and Mrs. Warren Schoetzau; Sophie Mazzaferro. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a sketch indicating that the applicant owns a lot 200' by 150' in depth facing on the North Road at the southwest corner of the inter- section of Gull Pond Lane and North Road. Is there anyone present who wishes to speak for this application? (There was no response.) Southold Town Board of Appeals -2- March 2, 1978 Is there anyone here at all on this application? Does anyone wish to speak against this application? (There was no response, and the Chairman offered a resolution.) CHARLES GRIGONIS: I talked to Sophie Mazzaferro who owns that lot next to them and they have no objections. THE CHAIRMAN: I think they're just creating lots that will be exactly like the other lots in the subdivision. For some reason George wants a survey and I think they probably should have a survey. They'll have to have one anyway if they're going to divide the lot. After investigation and inspection, the Board finds%that the applicant requests permission to set off lot with insufficient width and area, south side Route 25, Greenport, New York. The findings of the Board are that the applicant's lots will be ap- proximately the same size as other lots in the subdivision. 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 ~his property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Melania Leiblein, 2980 North Road, Greenport, New York, be GRANTED permission to set off lot with insufficient width and area, south side Route 25, Greenport, New York, as applied for, subject to the following condition: The applicant shall furnish the Board with a survey indicating the location of all b~ildings on the prop- erty and the proposed division line. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. PUBLIC HEARING: Appeal No. 2393 - 7:45 P.M~ (E.S.T.) upon application of Norman A. Reilly, Cedar Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot of ~c~'~s~ ~L~~of ~6P~%~: · -~ N~W'Y~rk, bO~n'd~ao~"the hOr~h~by"~ ' $outhold Town Board of Appeals -3- March 2, 1978 Joseph Carlton, N. A. Reilly, Jr., and A. Reilly & Sons, Inc.; east by B. Caffery; south by Private Road; west by Theda Shula, Harold Smith. 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 disapproval from the Building Inspector. The Chairman also .read statement from the Town Clerk that notification by certified mail had been made to: Dr. J. Carlton; Harold J. Smith; Beryl Caffrey; Theda Shula; Norman A. Reilly, Jr. FHe paid - $15.00. THE CHAIRMAN: The application is accompanied by a survey indicating that the plot consists of 43,560 sq. ft. It is not rectangular, it's slightly odd shaped[ and the right-of-way is a 20' right-of-way which seems to extehd in a southwesterly direction from Cedar Drive and then makes an an lin turn to the northwest. The first part before it turns, I'm not sure what the distance is but after the turn it's about 326' through the woods. Is there anyone here who wishes to speak for this application? Does that describe that right-of-way? NORMAN REILLY: Yes. I own that upper section of Lots 11 and 12. That's a road right now. THE CHAIRMAN: Yes, that's where we must have gotten to, right up here. NORMAN REILLY: Yes and just continue a little further and then we run along that line there. THE CHAIRMAN: This should be 15' here and it should be cleared for emergency vehicles with the top 6" of topsoil removed and re- plaoed with bankrun. The road, when we went in there the other day, considering the amount of snow you had, were pretty good. NORMAN REILLY: THE CHAIRMAN: We clear if~ut right away. Anyone else wish to speak for this application? (There was no response.) I think we've worked on a right-of-way here before, haven't we? NORMAN REILLY: Yes, that was for my son. That came in from Bayview Avenue along the woods. THE CHAIRMAN: Anyone wish to speak against this application? (There was no response.) $outhold Town Board of Appeals -4- March 2, 1978 After investigation and inspection, the Board finds that the applicant requests permission to set off lot and approval of access, Private Road, 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 O~dinance 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 an 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. Maimone, seconded by Mr. Grigonis, it was~- RESOLVED, Norman A. Reilly, Cedar Drive, Mattituck, New York, be GRANTED permission to set off lot and approval of access, Private Road, Mattituck, New Y~rk, as applied for, subject to the following condition: The right-of-way shall be cleared to a width of 15'. The topsoil shall be removed from the surface of the right-of-way to a depth of 6" and replaced with bank run scarified into the surface. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. PUBLIC HEARING: Appeal No. 2392 - 7:55 P.M. (E.S.T.) upon application of Timberland Associates, Inc., North Bayview Road, Southold, New York for a varilance in accordance with the Town Law, Section 280A for approval of access. Location of prop- erty: Cedar Drive, Mattituck, New York; Lots 30, 31 of Mattituck Development Cor., Inc.; Filed Map $776. The Chairman opened the hearing by reading the tion for a variance, legal n6tice of hearing, affidavits a' to its publication in the official newspapers, and disapproval from the Building Inspector. The~Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Irene Matt Riedell; Mr. and Mrs. Deitenheimer; J. Oliver. Fee paid $15.00. THE CHAIRMAN: Does anyone present wish to speak for this application? ~OHN BORN: I would. /It's true, I guess, the rea~®~ for disapproval. It's dirt road and it's not wide enough, i~1 ~.hat the reason? Southold Town Board of Appeals -5- March 2, 1978 THE CHAIRMAN: I think there must have been approval down this far. JOHN BORN: There are other new homes, ~ot new but newer homes. THE CHAIRMAN: We got down just past it, I think. We turned into this road here, this driveway. JOHN BORN: The homes down there, I would say the one on the end is fairly new, about 15 years old. THE CH_AIRMAN: This is presently a vacant lot, right? JOHN BORN: Yes. THE CHAIRMAN: And you propose to sell it? JOHN BORN: Yes, we do. THE CHAIRMAN: The two lots together are 100' by 150' I would say that all we have to do is formally grant access to this lot. Undoubtedly, the ... as we went through it the roads looked perfectly all right for that type of road. JOHN BORN: Mr. Reilly keeps the area plowed. THE CHAIRMAN: How far is this from where Reilly's place is? JOHN BORN: On Cedar Drive, you would go out Cedar Drive and go up another dirt road that goes off the side, I don't know the name of it. THE CHAIRMAN: What happens if something happens to Mr. Reilly? We've got one down in East Marion that's pretty rough, Gardiner's Bay Estates. JOHN BORN: I would think that 'the homeowners down there would want to get someone in. THE CHAIRMAN: You don't have an association there? JOHN BORN: I don't know if they have an association down there at all. I don't know how they keep them up themselves now, this is new to me. I just bought it last summer. THE CHAIRMAN: A lot of places they assess you so much a year for associat~on dues to take care of snow and so forth. JOHN BORN: .I didn't read anything like that in the deed or any other instrument that was forwarded to me. Southold Town Board of Appeals -6~ March 2, 1978 THE CHAIRMAN: Anyone else wish to speak for this application? Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests approval of access for Lots 30 and 31 of Mattituck Development Corp., Inc., Cedar Drive, Mattituck, New York. The findings of the Board are that the applicant is simply trying to assure his propective purchaser that there Ks legal access to this property. 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 varianee 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 R~SOLVED, Timberland Associates, Inc., North Bayview Road, Southold, New York, be GRkNTED approval of access to Lots 30 and 31 of Mattituck Development Corp., Inc., Filed Map $776, over Cedar Drive off Bayview Avenue, Mattituck, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. T~e next hearing on the agenda had originally been scheduled for 8:05 P.M.; however, the hearing could not be held until 9:05 P.M. due to a misprin~ in the official newspaper of the Town. During the interim, Mrs. Bachrach from the League of Women Voters asked the Chairman many questions concerning the functions and operation of the Zoning Board of Appeals. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated February 2, 1978, subject to correction. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. Southold Town Board of Appeals -7- March 2, 1978 On motion by Mr. Maimone, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated February 15, 1978. Vote of the Board: A~es: Messrs: Gillispie, Grigonis, Doyen, Maimone. Eleven (11) Sign Renewals were reviewed and approved as submitted. PUBLIC HEARING: Appeal No. 2394 - 9:05 P.M. (E.S.T.) upon application of Stanley and Barbara Rakowicz, Main Road, Cutchogue, New York for a variance in accordance with the Zoning O~dinance, Article III, Section 100-31 and Bulk Schedule for per- mission to construct addition with insufficient side yard setback. Location o~ property: North side Main Road, Cutchogue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church; south by Main Road; west by H. Sarnowski. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attestinq to its publication in the official newspapers, and disapproval ~rom the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: R. C. Ckurch of Sacred Heart; Mr. and Mrs. Henry Sarnowski. Fee paid - $15.00. THE C~AI ~RMAN: The application is accompanied by a sketch or survey~by~!~ideh W. Young indicating that the proposed side yard or that the side Yard Of this property is 17-1/2' and that the proposed gazag~'wou~d use 16' of the side yard where it's contig- uous house. The lot itself has only 69' frontage and there is space on the westerly side to accommodate a garage. The adjoins the property of the Roman Catholic Church, Sacred He~ The depth of the property is 150' and it's in an area where the tots are of similar or larger sizer some smaller, varied sizes, not related to present zoning. Is there anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: As you pointed out, the property in question is a smaller Sized parcel by today's standards. The lot is 150' deep and has'frontage on the Main Road of 69'. The parcel immediately to the west is a residential house that has frontage of approximately 60' with the same depth. Across the street, as you know, is the library, the Cutchogue Library, and the property to the east is the Southold Town Board of Appeals -8- March 2, 1978 Sacred Heart School and Church. What the applicant seeks to do, it's an older house, approximately 60 years old, and the only place where a garage could be accommodated would be on the east side. The side yard on the west is only about 7-1/2'. What the applicants would like to do is construct a single-car garage on the east side. Due to the fact that there is a small porch and also a chimney, the variance is necessary. There is a slight discrepancy in-the application which my clients have just pointed out to me. Actually, the distance between the eas~ side of the house and the property line, instead of being 17-1/2' as shown on the sketch which was submitted with the application, that's actually 19' What they would like to do is build a garage 18' wide which would give them a little more room to enter the entrance of the garage and have a side yard variance of 1'. The applicants~ driveway presently run's from the Main Road in a generally northerly direction on the east side of the property and they park the car now right on the easterly side of the house where the garage would be built. Immediately contiguous to the applicants' property line is another driveway of the Sacred Heart School, so the granting of the variance would really not change the character of the neighborhood. We think it would be an asset and it would certainly be, as far as. the applicants are concerned, a _.practical difficulty~if the application was not granted. It would enabl-e them to have additional storage space as well as enabling them to put the car in a garage. In effect, we're really just en- closing the car where it's actually parked at the present time. THE CHAIRMAN: How long have the applicants lived there? STANLEY RAKOWICZ: About 12 years now. GARY OLSEN, ESQ.: I guess you purchased the property in 1966. THE CHAIRMAN: And they never had a garage? GARY 0LSEN, ESQ.: Never had a garage, no. THE CHAIRMAN: One of the things I think concerns the Board more than the proximity to the side line here, where you have a contiguous driveway, is your manner of exiting ont~ the Main Road. Wherever possible, we try to avoid having anybody back out onto a highway, can you back around on your yard there? STANLEY RAKOWICZ: We do at times and at times we also use the driveway that is to the east of us to go towards the rear in the back and turn around and exit heading out onto the Main Road. THE CHAIRMAN: In other words, you use the Church's property to turn your car around and drive out on the Main Road. STANLEY RAKOWICZ: At times, yes. Southold Town Board of Appeals -9- March 2, 1978 THE CHAIRMAN: I think the location of this garage is far enough back so that it facilitates that procedure, in other words it makes it easier. STANLEY RAKOWICZ: This is one reason why we're not having it up this close. THE CHAIRMAN: Toward the Main Road. STANLEY RAKOWICZ: Right. THE CHAIRMAN: The fewer people that back out of driveways, the ~onger we're all going to last. It's a little odd that you have to go up to 1' from the edge, but you have a chimney and porch there, is that correct? etc. STANLEY RAKOWICZ: That's correct, yes. THE CHAIR~IAN: And you have to get the car past that. STANLEY RAKOWICZ: And still have enough room to swing doors, THE CHAIRMAN: So there's really no way around it unless you have a separate garage in the rear. STANLEY RAKOWICZ: Then we run into cesspools. THE CHAIRMAN: How about, you've got a pretty big hedge there too, don't you? GARY OLSEN, ESQ.: There's a swimming pool to the north of the house in the back yard and there's also, to the north of that, two cesspools. THE CHAIP/4AN: How about that hedge between you and Sacred Heart, does that cover part of your garage? STANLEY RAKOWICZ: The only hedge now is on the north side of the property. There's no hedge coming down between us. THE CHAIRMAN: There's no hedge between you and Sacred Heart? STANLEY RAKOWICZ: There's a stockade fence there. THE C~~: And that's on your property? THE CHAIRMAN: And that runs eas= and west. Southold Town Board of Appeals -10- March 2, 1978 STANLEY RAKOWICZ: No, that runs north and south. GARY OLSEN, ESQ.: But your. garage would be to the west of the fence, is that right? THE CHAIRMAN: No. GARY OLSEN, ESQ.: Is the-fence on the property line? STANLEY RAKOWI~Z: Yes, it is. As a matter of fact, it comes down as you get closer to the house, I'd say it actually comes in a good 2'. GARY OLSEN, ESQ.: Is the fence anywhere in the area where the garage is going to go? STANLEY RAKOWICZ: Yes, part of the fence is going to have to be removed. THE CHAIRMAN: That's what I was trying to find out. STANLEY RAKOWICZ: Well, you mentioned something about a picket fence. THE CHAIRMAN: No, not a picket fence, I thought there was a hedgerow. STANLEY RAKOWICZ: There is a hedgerow but that runs east and west on the northern-most part of the property. THE CHAIRMAN: There's nothing but open space between you and Sacred Heart. STANLEY RAKOWICZ: There is a fence there. THE CHAIRMAN: We missed it, I guess. How do you get over to Sacred Heart property to turn around? STANLEY RAKOWICZ: The driveways are side by side. THE CHAIRMAN: So where's the fence, between your two driveways? STANLEY RAKOWICZ: The fence is back further, north. THE CHAIRMAN: OK, I've got it. Any other questions? Anyone wish to speak against this application? (There was no response.) Did you talk this over with the people from-the Church? Southold Town Board of Appeals -11- March 2, 1978 STANLEY RAKOWICZ: Yes, Father Henry had called us and we explained it to him. He was more concerned with the fact of our using his driveway as a right-of-way to get access to the garage. We thought possibly it would be running in an easterly-westerly direction. We told him-no, that it would be strictly north and south on our property, nothing to do with any right-of-ways, and that seemed to satisfy him. THE CHAIRMAN: There's only one other thing that occurs to me, is this a place where kids play? STANLEY RAKOWICZ: There's a school next door. THE CHAIRMAN: I should think you'd have to be awfully careful about backing up there. STANLEY RAKOWICZ: This is one time when we utilize what area we have, our driveway and theirs, we don't go in the back when they're playing in the playground. THE CHAIRMAN: Any other questions? (There was no response.) GARY OLSEN, ESQ.: Just so we're clear for the record, the application would be granted on the basis that the garage would be 18' wide so that we would have a 1' side yard variance. After investigation and inspection, the Board finds that the applicants request permission to construct addition with insuffi- cient side yard setback, north side Main Road, Cutchogue, 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 hardsh~ip 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 nQt change~the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Maimone, it was RESOLVED, Stanley and Barbara Rakowicz, Main Road, Cutchogue, New YOrk, be GRANTED permission to construct addition with insuffi- cient side yard setback, north side Main Road, Cutchogue, New York, as applied for, subject to the condition that the applicants make every effort to avoid backing out onto the Main Road. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. Southold Town Board of Appeals -12- March 2, 1978 On motion by Mr. Maimone, seconded by Mr. Doyen, it was RESOLVED that a special meeting of the Southold Town Boar~ of Appeals be held at 10:30 A.M. (E.$.T.), Friday, March 10, 1978, at the Town Hall, Main Road, Southold, New Y~rk. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the next meeting of the Southold Town Board of Appeals be held at 7:30 P.M. (E.S.T.), Thursday, March 23, 1978, at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Maimone. Messrs: Gillispie, Grigonis, Doyen, The meeting was adjourned at 9:30 P.M. Re~ectf~lly ~bmitted, ~ar~/E. Dawson Se~etary