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HomeMy WebLinkAboutZBA-06/20/1963OUTHOLD, L. I., N.Y. Tolep one SO 5 26b0 APPEAL BOARD MEMBERS Roberf W. Gil[]spie, Jr. Chairman Robedr Charl®~ ®regonls Serge Do,er, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS June 20, 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, June 20, 1963 at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr., Chairman, Robert Bergen, and Fred Hulse, Jr. Absent: Messrs: Charles Grigonis, Jr., and Serge Doyen, Jr. PUBLIC HEARING: Appeal NO. 580 - 7:30 P.M. (E.D.S.T.), upon application of LeRoy Cooper, Bay Avenue, Orient, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A~ for permission to erect a dwelling on a'lot with reduced area, and Section 280A of the New York State Town Law for recognition of access into the above- mentioned lot. Location of property: On a private right-of-way, south side King Street, Orient, New York, bounded north by G. W. ~ouglass, east by C. T. Davis Est., south by Paul Dalani, and west by other land of LeRoy-Cooper. Fee paid $5.00. The Chairman opened the hearing by reading application for a variance and recognition of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to '~he applicant. Southold Town Board of Appeals -2- June 20~ 1963 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. LeROY COOPER: The survey you have was done by Van Tuyl. He found that there is 13~130 sq. ft. in each parcel and sufficient frontage therefore all I need is access. The access is 10 ft. 6 in. at the point where the garage is therefore it cannot be made any wider. It is 86 fro long. The right-of-way was originally in front of the existing house but it was changed to the back of the house. There is a description of the right-of-way in the deed stating it is an established right-of-way of 10 feet. There is only one house now that uses the right-of-way and the one I intend to build will be the only other. THE CHAIRMAN: Well~ 10 ft. will be sufficient for a fire truck and this access is in good condition. Since you have enough area and frontage bt will be necessary for you to withdraw the portion of the application under Article III~ Section 303 and Article X~ Section 1000A. MR. COOPER: I move that it be withdrawn° THE CHAIRMAN: Is ther~ anyone present who wishes to speak against this application? (There was no response.) The Board finds after investigation and inspection that the applicant should be granted recognition of access to his property off of King Street~ Orient, New York. Although this access is only' 10 ft. in width, it is in very good condition and is only used by the applicant for his existing~ one family dwelling andhis proposed new one family dwelling. It is impossible for the applicant to widen this access to more than 10 ft. since there is a garage constructed on the line of the right-of-way. The Board finds that strict application of the Ordinance will produce pracbicat 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 does observe the spirit of the ordinance and will not change the character of the district. Southold Town BoardoF Appeals -3- June 20, 1963 On motion of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that LeRoy Cooper be granted recognition of access to his property located on a private right-of-way on the south side of King Street, Orient, New York. This access is a 10 ft. right-of-way, 86 ft. in length, running along the easterly boundary line of the property of G. W. Douglass~ bounding the property of~C. T. Davis Estate. vote of the Board: Ayes:- Mr. Giltispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 576 - 7:45 P.M. (E.D.S.T.), upon application of Charles Wo Morgan, Jackson Street, New Suffolk~ New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to erect-an accessory building in the front yard area approximately 200 feet from the front property line. Location of property: south side Jackson Street~ New Suffolk, New York, bounded north by Jackson Street, east by James L. Connor, south by Peconic Bay and west by William J. Baxter. Fee paid $5.00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CPIAIRMAN: Is there anyone present who wishes to speak for this application? MR. CHARLES W. MORGAN: In the application it is stated the garage will be located 250 ft. from the front property line. I remeasured it and it will be closer to 175 ft. to 200 ft. There is a natural declination of the land a~d it would be unobtrusive for that reason, others along the line have garages similarly located. We would not be as close to the front line as any of them. There is Loew, Gibb~ Baxter and Dill. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southoid Town Board or'Appeals -4- June 20, 1963 After investigation and inspecti~ the Board finds that there would definitely be a practical difficulty involved if a garage were to be placed in the rear yard~ as most of the houses along this road are so placed that a garage must be located on the road front. There are garages on various properties adjacent and the Board feels that this applicant should be granted a variance. This garage would be located further back on the property thah most of the other garages. The Board finds that the strict application of the Ordinance will 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 variancedoes observe the spirit of the Ordinance and will not change the character of the district. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that~ Charles W. Morgan be granted permission to locate an accessory building in the front ~ard area of his property at lea~ 150 ft. from the front property line on Jackson Street. This property is located on the south side of Jackson Street, New Suffolk, New York. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulseo PUBLIC HEARING: Appeal No. 577 - 8:00 P.M. (E.D.S.~T), upon application of~Charlotte o:Keeffe, 55 Herricks Road, Garden City Park~ New York, for~ a variance in accordance with the Zoning Ordinance, Article III~ Section 303 and Article X~ Section 1000A, for permission to divide property into two lots leaving one with reduced frontage and area. Location of property: west side Deep Hole'Drive, Mattituck, New York, bounded north by C. Richard Ruttan, east by Deep H01e Drive, south by Ernest Miller~ and west by'Deep Hole~Creek. Fee paid $5.00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidawit attesting to its publication in the official newspaper and notice to the applicant. Southold Town Board of Appeals -5- June 20, 1963 T~ME CHAIRMAN: is there anyone presentwho wishes to speak for this application? SAMUEL GLICE/~AN, ESQ.: The property originallywas in two pieces, the home on one and the vacant area on which Mrs. O~Keefe would like to build a home. We do not feel it would change the character of the area in any way. THE CHAIRMAN: How was this property bought and when? MR. GLICKMAN: The two parcels were bought at the same time but from two different owners and it was put on one deed. The purchase date was October 18, 1958. The area does have lots of 50 ft. and less with homes onthem. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigat~ n and inspection the Board finds that the applicant purchased the 150 ft. parcel with a dwelling on the southerly 50 ft. from two separate owners. She purchased the property under one deed making it a single parcel~ but with the intention of using the 100 ft. of vacant land for a second dwelling in the future. She now wishes to build on the 100 ft. parcel and sell the cottage located on the 50 ft. parcel. It is the opinion of the Board that it would be an undue hardship to deny permission to divide this property since the surrounding area contains many 50 ft. lots with dwellings. The applicant plans to build a dwelling on the remaining 100 ft. parcel which~will enhance the neighborhood. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hard- ship created is unique and would not be shared by alt properties alike in the immddiate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will notlchange the character of the district. Southold Town Board of Appeals -6- June 20, 1963 On motion of Mr. Gillispie, seconded by Mr. Bergenf it was RESOLVED that Charlotte O~Keefe be granted permission to divide her property located on the west side Deep Hole Drive, Mattituck, New York, into two parcels as follows: Parcel with cottage: North by other land of Charlotte O~Keefe 180.0 feet, east by Deep Hole Drive 50.0 feet, south by Ernest Miller 180.0 feet~ and west by Deep Hole Creek 50.16 feet. -- Vacant parcel: North by C. Richard Ruttan 240°0 feet, east by Deep Hole Drive 100.0 feet~ south by other land of Charlotte O~Keefe 180o0 feet, and west by Deep Hole Creek 119.49 feet. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr~ Hulse. PUBLIC HEARING: Appeal NO. 578 - 8:15 P.M. (E.D.S.T.~ upon application of Allen McCaffery, Alvah:s Lane and Oregon Road, Cutchogue, New York~ for a special exception in accordance with the Zoning Ordinance, Article III~ Section 306, for permission to reduce front yard setback on a corner lot to 30 feet on Alvah's Lane. Location of property: southwest corner of Oregon Road and Alvah's Lane, Cutchogue& New York~ bounded north by North Road, east by Alvah's Lane~ south and west by Stanley Eeleski. Fee paid $5.0o. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the appli- cant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR, ALLEN McCAFFERY: I want to add on to my house a garage and breezeway and where the porch is there is to be a laundry room. THE CHAIRMAN: You already have the porch there and it comes out about 5 ft. and you propose to eliminate the porch and add the garage and breezeway? Southold Town Board of Appeals -7- June 20, 1963 MRS. McCAFFERY: Yes, I am a cripple and I wash downstairs and I am getting older and I want my laundry room upstairs. MR. JOHN HAURUS: I am the builder, (Mr. Haurus explained the layout of the house making it necessary to place the addition as shown on plot plan dated June 4, ~1963 appearing in the file. TP~ECHAIRF~: We cannot consider financial hardship nor the interior of the house~ Possibly there is some other place where the laundry room can be located. MRS. McCAFFERY: We tried everything and this is the only location that is possible. I want the laundry room off of the kitchen and there is no other way of making the addition. We could cut the size down to a 6 ft. extension and then we would only be asking for 1 foot over the 5 ft. porCh. THE CHAIRMAN: We must consider the establishment of a setback lineo The next house ~ a mile away and then there is your house. The third house to be built would take the average of the two. This would make a setback of about 32½ feet. This does not constitute grounds for a special exception° I suggest you try to work out some~other location for the addition. Is there anyone else present who wishes to speak for this application? (There was no response°) THECHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the app!icantwishes to reduce the front yard setback from 38 feet to 30 feet or 32 feet. In so doing he would be establishing a front yard setback for approximately a mile of 32% feet in opposition to the 35 ft. setback so stated in the Ordinance° The claim of a financial hardship in locating the proposed addition on another part of the house cannot be considered by the Board. Also, the interio~!~layout of the house cannot be considered as a basis for granting this special exception. Southold Town Board of Appeals -8- June 20, 1963 The Board finds that the public convenience and wel~re and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion of Mr. Gillispie, seconded by Mr. Huls~ it was RESOLVED that Allen McCaffery be denied permission to reduce his front yard setback on a corner lot on ~ivah's Lane, Cutchogue, New York to 30 ft. or 32 feet. vote of the Board: Ayes:- M~. Gitlispie, Mr. Bergen, and Hulse. PUBLIC P~.ARING: Appeal No. 579 - 8:45 P.M. (E.D.S.T.), upon application of Raymond J. Slavin, 89-88 Mollis Court Boulevard, Queens Village, New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 306, for permission to red~ce the front yard setback on a corner lot to 22 ft. 6 in. Location of property: southeast corner of Oak Drive and Broadwaters Drive, Cutchogue, New York, bounded north by Oak Drive~ east by E. T. Czark, south by Mary E. Dunne, and west by Broadwate~s Drive. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exception~ legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the appli- cant. (Prior to opening the hearing the Chairman reviewed the previous applications of Mr. Slavin in connection With this property. Appeals 466~ 477 and 501.) THE CHAIRMAN: Is there anyone present who wishes to s peak for this application? M~. RAYMOND J. SLAVIN: Ail I can do is outline what exists there and tell you what I require. I need to come out 4 feet from the existing line of the house so that I will have a covered area from the kitchen to the proposed porch which is badly needed for additional eating area. If you stoo~ looking at that corner you Southold Town Board of Appeals -9- June 20, 1963 would only see 20 inches beyond the fireplace on the s~e of the house. THE CHAIRMAN: What is the size of your lot? MR. SLAVtN: The lot is 75 ft. by 150 ft. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that a 5 ft. projection for a porch~ steps or a bay window would be permitted in this location and the applicant ds only requesting a 4 ft. extension from the existing setback line. This is the appli- cant's fourth application in a year to the Board to solve his problem of additional area for eating space and the Board feels this is the best solution under the circumstances. The proposed 4 ft. projectimn from the house constitutes a passageway to the addition in the rear and it is the Board's opinion this passageway is a necessity and it should be permitted. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood propsrty and adjoining use districts will not be permanently or substantially in3ured and the spirit of the Ordinance will be observed. On motion of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Raymond J. Slavin be granted permission to reduce his front yard setback on a corner lot to 22 ft. 6 in. on OakDrive, Cutchogue, New York. It is a condition of this special exception that the balance of the structure constructed in violation of the Zoning Ordinance ~a~t year be removed from the slab by September 1, 1963. vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mr. Hulse. Southold Town Board of Appeals -10- June 20~ 1963 An informai~_discussion was held relative to dividing a parcel of land in the Tollewood Subdivision into three lots. The property is 250 ft. by 200 ft. and a corner lot. The Building Inspector explained how these lots could be divided into three parcels conforming with the Zoning And be acceptable to the Board without a variance being necessary. The hearing on Appeal No. 567, Mortimer G. Conkling, recessed to this date was further recessed to July 3, 1963. In accordance with a letter received from the Mattituck Fire Department~ on motion of Mr. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that the Board of Appeals grants permission to the Mattituck Fire Department to place approximately 50 posters, 15 inches by 30 inches on the Main Roads and in stores in the Mattituck Fire District from June 21, 1963 through July 15~ 1963. These posters will advertise a baxaar to be held July 2nd through July 6th. In the letter'requesting permission Mr. Suter~ Secretary of the Mattituck Fire Department, agrees to'remove these posters promptly after July 15th. It is believed this is in the public interest. It is specifically forbidden to place these posters on utility poles or on private property without permission. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Gillispie, seconded by ~Lr. Hulse~ it was RESOLVED that the minutes of Ju~e 6, 1963 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., ~?i~ Wednesday~ July 3, 1963 at the Town Office, Main Road, Southold, New york. Southold Town Board of Appeals -11- June 20, 1963 On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:30 PoM. '(E.D.S.T.), Wednesday, July 3, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of North Fork Shipyard~ Main Street~ New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permissien to erect and maintain a roof (ridge) sign on a restaurant building. Location of prpperty: north side Main Street~ New Suffolk, New York~ b~ nded north by M. G. Wuerstein~ east by Peconic Bay, south by John W. Mackay, and west by First Street. vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mr. Hulse. On motion of!Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.D.S.T.), wednesday, July 3~ 1963~ Town Office, Main Road, Southold, New York as time and place for hearing upon application of~Estelle K. Comes, Cutchogue, Sidney B. Jones, Flanders~ and Arthur M. Olsen~ Cutchogue~ New York~ for a variance in accordance with the Zoning Ordinance,.Article III~ Section 303 and Article X, Section 1000A for permission to divide property into two lots each having in- sufficient frontage (75 ft.) and insufficient area. Locationof property: east side~Westview Drive, Mattituck, New York, bounded north by A. F. Meimink, east by R. Sherwood, south by Margaret Moore and west by Westview Drive. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse. On motion of Mr. Hutse, seconded by Mr. Gillispie, it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.)~ ~Wednesday, July 3, t963~ Town Office, Main Road, Southotd, New York, as time and place for hearing upon application of Robert~F. Tuthill~ a/c George'C. & Muriel Graham, Nassau~Point~ Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 300~ Subsection 7~ for permission to erect an accessory building in the front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York, Lot N°. 68 on Map of Nassau Point'Club Properties, bounded north by RidVan Gogen, Southold Town Board of Appeals -12- June 20, 1963 east by Peconic Bay, south by Ridvan Gogen, and west by Nassau Point Road. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mro Gillispie, seconded by Mr~ Bergen, it was RESOLVED that the Board of Appaals set 8:15 P.M. (E.DoS.T.)~ Wednesday, July 3, ~1963, Town Office, Main Road, Southold, New York as time and place for hear~g upon application of Robert Bransfield, 4 Manhasset Avenue, Selden, New York, for a special exception in accordance with the Zoning Ordinance~ Article III, Section 306, for permission to reduce the front yard setback on a corner lot to 10 ft. on one corner. Location of property: south- west corner of Second Avenue and Mill Road, Peconic~ New York, Lot No. 115 on Map of Peconic Shores No. 2. Property bounded north by Second Avenue, east by Mill Road, south by Norbert V. Mullio, ar~ west by Miltie Bailey. vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen, and Mr. Hulse. It was FURTFiER RESOLVED that legal notre of hearings be published in the official newspaper on Friday, June 28, 1963. Vote of the Board: Ayes:- Mr. Giilispie~ Mr. Bergen~ and Mr. Hulse. Meeting adjourned at 1L~0 P.M. Respectfully submitted, ~ ~ ~ith T. Boken, Secretary