HomeMy WebLinkAboutZBA-05/09/1963 OUTHOLD, L.I., N. Y,
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APPEAL BOARD
MEMBERS
Roberf W, ®i]]ispie Jr, Cha]rm~n
Roberf Bergen
Char]es C-,regonis.
Serge Doyen Jr,
Fred Hulse, ,.Tr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
May 9, 1963
A regular meeting of the Southold Town Board of Appeals was
held 7:30 P.Mo, Thursday, May 9, 1963 at the Town Office, Main
Road, Southold, New York.
There were present: Messrs. Robert W. Gillispie, Jr., Serge
Doyen~ Jr. and Fred Hulse~ Jr. Mr. Grigonis arrived after the Davls
hearing had been completed°
Absent: Mr. Robert Bergen.
PUBLIC HEARING: Appeal No. 559 - 7:30 P.M. (E.D.S.T.), upon
application of Witliam Wickham~ a/c Stephen Hanrahan and Constance
Hanrahan, the Ridge, Woodbury, 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
25 feet on one road, namely Fleetwood Road. Location of property:
northwest corner of East Road and Fleetwood Road, Cutchogue~ New
York~ bounded north by C. Burberry, east by Fleetwood Road, south
by East Road, and west by Raymond and Muriel Rignel. Fee paid $5.00.
Southold Town Board of Appeals -2-
May 9, 1963
The Chairman opened the hearing by reading application for
a special exceptions legal notice of hearing~ affidavit attesting
to its publication in the official newspaper and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak for
this application? i
WILLIAM WICKHAM, ESQ., Mattituck: Perhaps this application
should have been incorporated in the application for ~he division
of the property into two lotso They found that they would not be
able to get the setback as required. This house will have a garage
underneath facing on Fleetwood Road because of the contour of the
land~ it slopes up from both East Road and Fleetwood Road.
THE CHAI~: The Board agrees that this would be a desirable
attraction to the neighborhood and we can see the reason for reducing
the setback. Howevers we do require that on a corner lot of this
type the garage be entered from the owners own property rather than
backing out on the street° There should be an area where the ca~ can
be backed out and around and leave the property frontwards rather than
backing out.
~iR. WICKHAM: I don't see any problem there.
MR. HULSE: Also~ we want to prevent suCh a thing as a retain-
ing wall that is often used in lots with this type of contour and
then the visibility is often impaired°
MR. WICKPLAM: They would not be using a re~aining wall in this
case.
THE CHAIRMAN: Is there anything further on this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wiShes to speak
against this application?
(There was no response.)
Southold Town Board of~Appeats -3-
May 9, 1963
After investigation and inspection the Board finds that the
applicant has a corner lot, 149.16 ft. on Fleetwood Road and 94o41
feet on East~Road. Because of the contour of the lot it would not
be possible to erect the proposed 60 ft. dwelling on the lot without
reducing the front yard setback on Fleetwood Road° A setback of
25 feet is found to be sufficient and would be in conformance with
the area. There are other properties in the area with setbacks of
25 ft. and less.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted use
of neighborhood properties and adjoining use districts will not be
permanently or substantially injured and the spirit of the ordinance
will be observed.
On motion of Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that William'Wickham, a/c Stephen Hanrahan and Constance
Hanrahan be granted permission to reduce the front yard setback on a
corner lot located on the northwest corner of East Road and Fleetwood
Road, Cutchogue~ New York to 25 feet on Fleetwood Road. The s~tback
on East Road shall remain at a minimum of 35 feet.
This special exception is granted with the condition that there
be sufficient turn-around provided so that the cars leaving the
property head out toward the street, rather than backing out onto the
street.
Vot~f the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and Mr.
Hulse.
PUBLIC HEAR/NG: Appeal No. 560 - 7:40 P.M. (E.D.S.T.)~ upon
application of William Wickham~ a/c Raymond Rignel and Muriel Rignel~
14 StrawbErry Lane~ Roslyn~ ~eights, 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 25
feet on one road, namely Betts Street. Location of property: north-
east corner of East Road and Betts Street, Cutchogue, New York, bounded
north by'C. Burberry~ east by stephen & Constance Hanrahan~ south by
East Road, and west by Betts Street. Fee pad $5.00.
Southold Town Board of Appeals -4-
May 9, 1963
TheChairman op~.ned the hearing by reading application for a
special exception~ legal notice of hearing and 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
th~s application?
WILLIAM WICKHAM, ESQ., Mattituck: May the remarks of the
previous hearing also apply to this one? This is also a corner lot
but facing Betts Street and East Road. We request the reduction on
Betts Street. The contour of the lot in question is similar to the
previous one~ it slopes up from East~Road and Betts Street to the
middle of the lot.
THE CHAIRMAN: We will also require that cars do not back out
on the street.
MR. WICK~IAM: That is agreed~
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 the
applicant has a corner lot, 195.78 feet on Betts Street and 94.40
feet on East Road. Because of the contour of the lot it would not
be possible to erect the proposed 60 ft. dwelling on the lot without
reducing the front yard setback on Betts Street. A setback of 25
feet is found to be sufficient and would be in conformance with the
area° There are other properties in the area with setbacks of 25 fro
and less.
The Board finds that the public convenience and welfare and
justice will be served and the legalty established or permitted use
of neighborhood property and adjoining use districts will not be
permanently or substantially injured and the spirit of the ordinance
will be observed.
On motion of Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that'William Wickham, a/cRaymond Rignel and Muriel
on a
~ d
Rignel be granue permission to reduce the front yard setback
Southold Town Board of Appeals -5-
May 9~ 1963
corner lot located on the northeast corner of Betts Street and
EaSt Road~ CutChogue, New York to 25 feet on Betts Street. The
setback on East Road shall remain at a minimum of 35 feet.
This specialexception is granted with the condition that there
be sufficient turn-around puovided so that the cars leaving the
property head out toward the street, rather than backing out onto
the street.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, and Mr.
Hulse.
PUBLIC HEARING: Appeal No. 561 - 8:00 P.M. (E.D.S.T.), upon
application of~Claude Davis and Marie Davis, Mattituck, New York,
fora variance in accordance with the Zoning Ordinance, Article
III~ Section 307, for permission to reduce the side yards on a
95 ft. lot to 6 feet.and 13.25 feet. Location of property: east
side Olejule Lane, Mattituck, New York, bounded north by Thelma M.
Van Deusen, east by Olejule Lane~ south by L. Llewellyn, and west
by proposed canal. Fee paid $5.00.
The~Chairman opened the hearing by reading application for a
varianc,e, legal notice of hearing, affidavit attesting to its
publication in the official newspaper and notice to the applicant.
THE'CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. CLAUDE DAVIS: The original survey was in error with the
one performed by Mr. Van Tuyl. Mr. Abitz sent for the original
survey but the foundation was in before Mr. Van Tuyl came down.
The pipes were in and he planned his foundation based on the pipes
and Mr. Van Tuyl found the pipes were wrong on the property.
MR. HULSE: Who put the pipes in?
M/~. DAVIS: I think this was done by Mr. Van Tuyl originally
but that was some years ago.
Southold Town Board of Appeals -6-
May 9, 1963
MR. TERRY: I think that possibly the pipes were moved during
the dredging on the back of the property and that is why they were
different ~when Van Tuyl surveyed the last time.
THE CHA~: The builders name does not appear on this appli-
cation but this was being built by Edward Abit~ and it would seem to
me that he is the one who made the e~ror.
MR. WICk-HAM: If Mr. Van TUyl went on there with a survey before
it wasn't accurate as the developer had him go along with temporazy
stakes and pipes for sales purposes and when the final survey is made
it changes the lines a few inches.
THE CF~IRMAN: Is there anyone else present who wishes to speak
for this application?
(There was no response[)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response. )
The Board after investigation and inspection agrees an honest
mistake was made, however, this is insufficient reasoning to justify
granting the application. Whether the mistake was honest or not is
immaterial, the Building Inspector without appeal to the Board of
Appeals may reduce the side yards bY 50% on an undersized lot on his
own authority. Therefore i~seems illogical for the Board to deny an
application for a less than 50% reductic~ of side yards on a lot in
excess of 12~500 sq. ft. and a frontage of 95 ft. on Olejule Lane~
in view of the fact the applicants themselves~alled the error to
our attention.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hard-
shiP i~reated is unique and would not be shared by all properties
alike 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.
On motion of Mr. GilIispie~ seconded by Mr. Doyen, it was
Southold Town Board of Appeals -7-
May 9~ 1963
RESOLVED that Claude Davis and Marie Davis be granted permission
to reduce the side yards on a 95 ft. lot located on the east side
Olejule Lane, Mattituck, New York to 6 feet on the northerly side
and 13.25 feet on the southerly side.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Doyen~ and Mr.
Hulse.
PUBLIC HEARING: Appeal No. 562 - 8:30 P.M. (E.D.S.T.), upon
application of George Ahlers, a/~ Catherine Ruschman, for a special
exception in accordance with the Zoning Ordinance, Article III~
Section 306~ for permission to reduce front yard setback to 32 feet.
Location of property: Lot No. 306 on map of Nassau Point Club
Properties, Inc., Cutchogue, New York~ bounded north by Edward Kelley~
east by Arthur Schwarz, south by Old Cove Road, and west by Haywaters
Roadc 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
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak for
application?
Mro Arthur Schwarz asked where the cesspools are going to be
placed and Mr. Ahlers stated in the front of the house toward the
southwest. Mr. S chwarz wanted to know if he could get t00 ft. between
the cesspools and the back of his house and Mr. Ah~rs felt he could,
besides he could not locate the cesspools and water point without
prior approval of the Health Department~ Mr. Schwarz then stated
that he spoke to one of Mr. Ahter's men when they were staking out the
house and told him where the markers were in the back and he feels
that a tree in the back of the house 2 feet in diameter caused Mr.
Ahlers to place the house close to the front of the lot therefore
it is in violation of the Ordinance.
M~. AHLERS: We went down there with three men the morning we
laid out the house. We had a 1962 survey of the property and we
hunted for the front markers and could only find one of them. When
Mr. Van Tuyl came down after the house was up he found the other
marker which was only a rotten stake and they had to dig down under
the ground and leaves to find it. It~hould have been a concrete
monument. We were under the opinion the telephone poles set back
Southold Town Board of Appeals -8-
May 9, 1963
from the street line two or three feet and we took 35 feet back
from that. The road evidentially is only about 40 feet wide at
that point as it curves rapidly at that end of the lot. Only the
southeast corner of the house is closer to the road than required~
it is 32 feet. The southwest corner is 38 feet back. The tree in
the back of the house had nothing to do with the setback line.
THE CHA~: Did you ask Mr. Van Tuyl to come down?
MR. AHLERS: No~ because there was no question in my mind that
I was tloing the right thing.
THE CHAIRMAN: In other words the only basis of your argument
is that you made a mistake?
MR. AHLERS: That is right and it would be an undue hardship
to move the house at this time. It would be a financial hardship.
THE CHAIRMAN: A~financial hardship cannot be considered as a
hardship for granting a special exception or variance. Everyone has
a financial hardship. The only hardship we can consider is something
like a topographical hardship and this not topographical. The lot
exceeds the total area of 12,500 sq. ft. minimum, it simply has been
located too close to the front yard line.
MR. A~TERS: The road is irregularly shaped. If the road were
straight in front of the lot there would be no violation. We did
not know the road curved so sharply there so that we would have
5 ft. more on one corner of the house than the other.
THE CP!AIRMAN: Is there anyone else present who wishes to
speak either for or against this application?
(There was no response.)
After investigation and inspecti~athe Board finds no basis for
granting this application for a special exception. The applicant
has not proven a hardship in this case. A financial hardship or
self-imposed hardship are not reasons legally for granting a special
exception. The applicant erected this house 3 feet closer to the
front line than permitted under the Zoning Ordinance and he neglected
to confirm the location~f the monuments with the surveyor.
SoUthold Town Board of!Appeals
May 9~ 1963
The Board does agree that this would not substantia/y change
the character of the neighborhood, but strict application of the
Ordinance would not produce practicall.difficulties or unnecessary
hardships and the hardship created is not unique and would be shared
by all properties alike in the immediate vicinity of this property
and in the same use district.
On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that George Ahters, a/c Catherine Ruschman be denied
permission to reduce front yard setback to 32 feet on Lot NOo 306~
Nassau Point Club Properties~ inc., corner of Old cove ROad and
Haywaters Road, Cutchogue, New York°
vote of the BDard: Ayes:- Mr. Gillispie~ Mr. Doyen, Mr.
Grigonis, and Mr. Hulseo
On motion of Mr° Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that the minutes of April 25~ 1963 be approved as
submitted.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis~ and
Mr. Hulse.
On motion of Mr. Gitlispie, seconded by Mr. Grigonis~ it was
RESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S. To)~
Thursday~ May 23~ 1963~ Town Office, Main Road, Southold, New York
as time and place for next regular meeting of the Southold Town
Board of Appeals.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, Mr.
Doyen~ and Mr. Hulse.
On motion of Mr. Gillispie~ seconded by Mr. Grigonis, it,s
RESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S.T.)=
Thursday, May 23, 1963, Town Office, Main Road, Southold, New york
as time and place for hearing upon application of Fred W. Young,
Sage Boulevard, S~thold, New York, for a special exception in accord-
Southold Town Board or'Appeals
May 9, 1963
ance with the Zoning Ordinance, Article IV, Sec tion 408, for
permission to erect and maintain a directional and advertising
sign on. the property ofCharles S. Sage on the south side Route
25 and Sage Boulevard, iSouthold, New York. Property bounded north
by Route 25, east by C. Sledjeski, south by L. I. Railroad, and
west by Sage Boulevard.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Doyens Mr.
Grigonis, and M~r. Hulse.
On motion of Mr. Grigonis, seconded by Mr. Doyen, it was
RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.)~
Thursday, May 23~ 1963, Town Office, Main Road, Southold~ New York
as time and place for hearing upon application of!Peter Sledjeski,
Main Road, Orient,New York, for a special exception in accordance
with the Zoning Ordinance, Article X, Section 1003A for permission
to renew a farm labor ca~mp permit granted July 26, 1962o Location
of property: south side Route 25, Orient, New York, bounded north
by Main Road, east by J. B. Droskoski~ south and west by J. Tuthill
and J. Dyer.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, Mr.
Doyen, and Mr. Hulse.
On motion of Mr. Doye$, seconded by Mr. Hulse., it was
RESOLVED that the Board of Appeals set 8:10 P.M. (E.D.S,T.)~
Thursday, May 23, 1963, Town Office, Main Road, Southold, New York
as time and place for hearing upon application ofEdwin H. King,
Main Road~ Orient~ New York, for a special exception, in accordance
with the Zoning Ordinance, Article III~ Section 300, Subsection 3A~
for permission to operate a marina for private boats on the southeast
side of Narrow River Road, Orient, New York. Property bounded north
by land of!Edwards and Gillispie, east by Hallock~s Bay, so~h by G.
W. Hallock, and west by Narrow River Road.
vote of the Board: Ayes:- Mro Gillispie, Mr. Grigonis~ Mr.
Doyen, and Mr. Hulseo
On motion of Mr. Hulse, seconded by Mr. Gillispie~ it was~
RESOLVED THAT t~e Board of Appeals set 8:30 P.M. (E.D.S.~)
Thursday, May 23, 19S3~ Town Office, Main Road, Southold, New York
Sout/aold Town Board of Appeals -11-
May 9, 1963
as time and place for hearing upon application of'MattituCk Docks,
Inco~ Naugles Drive, Mattituck, New York~ for a special exception
in accordance with the Zoning Ordinance, Article V~ Section 500, Sub-
section 6, for permission to erect a portable asphalt plant on
industrial property. 'Location of property: north side Naugles
Drive, Mattituck, New York, bounded north by Mattituck Inlet, east
by land of!DeWulf, south by Naugles Drive, and west by right-of-
way and land of Fenmore.
Voteof the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, Mr.
Doyen~ and Mro Hulse.
On motion of Mr. Gillispie, seconded by Mr. Grigonis~ it was
RESOLVED that the Board of Appeals set 8:40 P.M. (E.D.S.T.),
Thursday, May 23, 1963, Town Office~ Main Road, Southold~ New York,
as time and place for hearing upon application of Mortimer G.
Conkling, Sterling Road~ Cutchogue, New York, for a variance in
accordance with the Zoning Ordinance, Article III~ Section 307~ for
permission to reduce the westerly side yard setback at the northwest
corner by 1t inches. Location of property: south side Sterling
Roads Cutchogue~ New York, part of Lot No. 150 on map of Nassau
Farms, bounded north by Sterling Road, east by VanDerBeek, south by
Searing and Overton and west by Senko.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, Mr.
Doyen, and Mr. Hulse.
On motion of Grigonis, seconded by Mr. Doyen~ it was
RESOLVED that the Board of Appeals set 9:00 P.M. (E.D.S.T.)~
Thursday, May 23~ 1963, Town Office, Main Road, Southold~ New York~
as time and place for hearing upon application of Lloyd E. Terry,
Main Road, Orient, New York, for a special exception in accordance
with the Zoning Ordinance, Article X, Section 1003A, for permission
to renew a farm labor camp permit granted July 5~ 1962. Location
of property: south side Main Roadj Orient, New York, bounded north
by Main Road, east by S. Koroleski and R. & Ho Latham, south by
Long Beach Bay, and west by Mrs. E. W. Latham Estate.
Vote of the Board: Ayes:- Mr. Giltisple, Mr. Grigonis, Mr.
Doyen, and Mro Hulse.
Southold Town Board of Appeals -12- May 9, 1963
On motion of Mr. Doyen~ seconded by Mr. Hulse, it was
RESOLVED that the Board of Appeals set 9:10 P.M. (E.D.S.T.)~
Thursday, May 23, 1963, Town Office, Main Road, Southotd~ New York,
as time and place for hearing upon application of Allan C. Dickerson,
Grand Avenue, Mattituck, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 305, for permission to reduce
setback on one side of a corner lot to 20 feet. Location of property:
southwesterly side of Woodcliff Drive and Grand Avenues Mattituck, New
Yorks bounded north by Woodcliff Drive, east by Grand Avenue, south by
J. Dillinghams and west byE° Moisa.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Doyen, Mr.
Grigonis~and Mr. Hulse.
On motion of Mr. Hulse, seconded by Mr. Grigonis~ it was
RESOLVED that the Board of Appeals set 9:30 P.M. (E.D.S.T.)~
Thursday, May 23, 1963, Town Office, Main Road, Southold, New York,
as time and place for hearing upon application ofRudolph Dalder, 11t
Beach Roads Westhampton Beach, New York, a/c R. G. Brendel, 664
Knotlwood Drive, West Hempstead~ New York, for a variance in accord-
ance with the Zoning Ordinance~ Article IIIs Section 300~ Subdivision
7s for permission to erect a private detached garage in the front yard
area 20 feet from the right-of-way on a lot located on the south side
of the west Branch of Camp Mineola Road, Howell Open Development Area,
Mattituck~ New York, bounded north by West Branch of Camp Mineola Road~
east by M. McKeithen, south by Peconic Bay and west by L. DeNovellis.
vote of the Board: Ayes:- Mr. Gillisp~e, Mr. Grigonms, Mr.
Doyens and Mro Hulse.
On motion of Mr. Gillispie~ seconded by Mr. Grigonis, it was
RESOLVED~that the Board of Appeals set 9:45 P.M. (E.D.S.T)~
Thursday~ May 23, 1963s Town Office, Main Road, Southold~ New York,
as time and place for hearing upon application of Thomas & Verna
Molinr a/c Sunset Motel, North Road, Greenport, New York, for a
special exception in accordance with the Zoning Ordinance, Article
IV~ Section 408, for permission to relocate an existing directional
sign on the property of George Telles, south side ~oute 25, Greenport~
New Yorks bounded north by Route 25~ east and south by H. Sills and
west by R. Ryan.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Grigonis, Mr.
Doyens and Mr. Hulse.
Southold Town Board of Appeals -13- May 9, 1963
It was FURTHER RESOLVED that legal notice of hearings be
published in the official newspape~ The Suffolk Times, on Friday~
May 17, 1963.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Grigonis~ Mr.
Doyen, and Mr. Hulse.
Meeting adjourned at 10:30 P.M.
Respectfully submitted,
Judith T. Boken~ Secretary
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