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HomeMy WebLinkAboutZBA-10/05/1961 SOUTHOLD, L.I., N.Y.' Telephone SO 5-2660 APPEAL BOARD MEMBERS Rober~ W. G~][i~p~e, Jr., Chairman Roberf ~'ergen Herberf Rosenberg Ch~r]e~ Gregonis, Jr. Serge Doyed, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS October 5, 1961 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, October 5, 1961 at the Town Clerk Office, Main Road, Southold, New York. There were present: Messrs. Herbert Rosenberg, Acting Chairman, Robert Bergen and Charles Grigonis, Jr. Absent: Messrs. Robert W. Gillispie, Jr., and Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 410 - 7:30 P.M. (E.D.S.T.)~ upon application of Harold I. Green, Stillwater Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 7, for permission to reduce setback for private detached garage. Location of property: east side Stitlwater Avenue, Cutchogue, New York, Lot No. 11 on Map of M. S. Hand. Fee paid $15.00. Mr. Rosenber9, Acting Chairman, opened the hearing by reading application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. Southold Town Board of Appeals -2- October 5~ 1961 Mr. ROSENBERG: Is there anyone present who wishes to speak for this application? MR. HAROLD I. GREEN, Stillwater Avenue, Cutchogue, New York: I had an idea about putting the garage on the side of my property closest to the right-of-way, but I believe that would not be acceptable. I will place it 5 feet from my north property line and at least 50 feet from the road. I may even put it further back than 50 feet. MR. ROSENBERG: We have inspected the property and find your proposal to be satisfactory. MR. ROSENBERG: Is there anyone present who wishes to speak in opposition to this application? (There was no response.) As stated in Appeal No. 410 by Harold I. Green, the lot in question is 45 ft. frontage and 300 ft. in depth. The residence is located at the creek end of the lot and no rear yard exists. The Board finds after investigation and inspection that the applicant should not be denied permission to erect a one car garage on his property provided it is placed no less than 50 ft. from the front property line and no closer than 5 feet. to the north line. The reasons submitted in the appeal are the facts in this case. On motion of Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that Harold I. Green. be granted permission to locate private detached garage 50 feet from his front property line on Stillwater Avenue and 5 feet from his northerly property line. Lot No. 11 on Map of M. S. Hand. Vote of the Board: Ayes:- Mr. Rosenber g~ Mr. Bergen, and Mr. Grigonis. Qn motion of Mr. Bergen, seconded by Mr. Grigonis, the minutes of the meeting of September 28, 1961 were approved as submitted. Southold Town Board of Appeals -3- October 5, 1961 Vote of the Board: Ayes:- ~Lr. Rosenberg, Mr. Bergen, and Mr. Grigonis. PUBLIC Pr~.ARING: Appeal No. 411 - 7:45 P.M. (E.D.S.T.), upon application of Frank E. Horn~ Island View Lane, Arshamomaque, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 for permission to reduce areaof lot located on the east side private road off Island View Lane, Arshamomaque, New York. Property bounded north by Martocci~ east by Peconic Bay, south by other land of F. E. Horn, and west by private right-of-way. Fee paid $15.00. Mr. Rosenberg, Acting Chairman, opened the hearing by reading application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. MI{. ROSENBERG: Is there anyone present who wishes to speak for this application? MR. FRANK E. HORN, Island View Lane, Arshamomaque, New I think the application tells the story. MR. ROSENBERG: Is there anyone present who wishes to speak in opposition to this application? FLR. MARTIN HEFFERNAN, Arshamomaque, New York: I am the prop- erty owner on the western border line of the property in question. I own the large house across the private right-of-way. I would like to know if the property in question includes any part of the right-of-way? THE CHAIRMAN: I do not think any of that property along the water receives any of the right-of-way in their deeds. MR. HORN: That is right. The deed includes only the use of the right-of-way to go in and out with their cars. MR. HEFFERNAN: I don't think our home is considered a typical summer bungalow. When we purchased that home it was after the~ Zoning laws had been put into effect and that little area t~s three little bungalows on it. The three occupy an area that according to the Zoning law should be occupied by only two residences. Southold Town Board of Appeals -4- October 5t 1961 Nothing could be done because they were existing residences there but to permit the building of a fourth residence which would put four residences on what would be normally allocated to just two residences I think is unfair. I think the purpose of the zoning law was not to cause any hardship to people who had existing resi- dences there but this I think would cause undue hardship to people who bought after zoning. This is certainly an unpleasant area as it is but it would certainly become worse with the addition of another residence. (Mr. Heffernan brQught out the fact that there are many people occupying the three cottages in the immediate area and crowding the neighborhood, and that the water supply is bad and his cesspool has already collapsed.) MR. ROSENBERG: In the right-of-way privileges that you give people is anything mentioned about theparking area, or ~s~your private property? MR. HORN: That is my private property. MR. HEFFERNAN: No one is permitted to park on that area at all. I have had service men come up that road and they have been told not to use that road. MR. ROSENBERG: Mr. Horn, the parking field is your property? MR. HORN: Yes. MR. ROSENBERG: You are asking for less than 100 ft. frontage and less than 12,500 sq. ft. of area. We are not permitted to allow you to use less than 100 ft. on the road and less than 12,500 sq. ft. of area in the lot which you propose to cut out of your present un- occupied property unless there is a definite hardship and unusual and unique situation. You have property to the south which you label parking area. At the time that you or Mr. Martocci secured the variance, at that time you stated to this Board that the road to the south would be used as a building lot and that is what it has to be. It must have 12,500 sq. ft. in the lot which you now propose to cut out and that is covered in our Ordinance under Section 1000A. You may have to go into the parking area to do that. T~e is no house on the land, it is vacant land and you own considerably more than 12,500 sq. ft. therefore you cannot sell less. MR. HORN: Doesn't it make a difference if that was cut out of there before the Ordinance went into effect? MR. ROSENBERG: It is not a filed map. Southold Town Board of Appeals -5- October 5~ 1961 MR. ROSENBERG: Is there anyone else present who wishes to speak for this application? (There was no response.) MR. ROSENBERG: Is there anyone else present who wishes to speak in opposition ~Dthis application? (There was no response.) The applicant has not produced any evidence of unnecessary hardship or practical difficulty or unique situation. The assertion made by Mr. Horn that no land is available to enlarge the lot is not borne out by the facts. According to his own statements made at the public hearing he is the sole owner of the land in questiun as well as about 200 ft. to the south. At the present time he allows tenants of hms cottage colony as well as purchasers of cottages which ha erected prmor to the enactment of Zoning the use of about 200 ft. of bay frontage for parking and beach privileges. This is a use which he permits at his convenience. Mr. Horn now seeks a variance to set off and sell a portion which is smaller than the minimum requirement of the Ordinance. There is ample land available to set off an area which will meet the minimum requirement of the Ordinance. After investigation and inspection the Board finds that no hardship or practical difficulty is involved. On motion of Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Frank E. Horn be denied permission to reduce ares of lot located on the east side private road off Island View Lane, Arshamomaque, New York. Vote of the Board: Ayes:- Mr. Rosenberg, Mr. Bergen, and Mr. Grigonis. Southold Town Board of Appeals -6- October 5~ 1961 PUBLIC HEARING: Appeal No. 412 - 8:15 P.M. (E.D.S.T.), upon application of George Biehl, 2 Leslie Lane, New Hyde park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to reduce sideyard set- back. Location of property: west side Oakwood Drive,'Southold, New York, bounded north by E. Thomson, east by Oakwood Drive, south by A. Cornell, and west by R. V. Jacobs. Fee paid $15.00. The Acting Chairman, Mr. Rosenberg, opened the hearing by reading application for a variancet legal notice of hearing and affidavit attesting to its publication in the official newspaper. MR. RO~ENBERG: Is there anyone present who wishes to speak in favor of this application? MR. WILLIA~ SMITH, Southold, New York: I represent Mr. Biehl. think that everything is stated in the application. MR. ROSENBERG: You know that in order to secure a variance you must prove a-hardship and this wouldn, t be a hardship or unique situation and according to you there is no proof of any practical difficulty or unnecessary hardship, as a matter of fact this is a self imposed hardship. This lot was purchased in 1960 and it is the same as many other 100 ft. lots. There is 12~500 sq. ft. and 100 ft. frontage. This man wants to put too large a house on the lot. You know that without a hardship we cannot give a variance. MR. SMITH: Yes, I know. MR. ROSENBERG: It is a flat lot and there is no topographical difficulty. MR. SMITH: That is correct. MR. BERGEN: Why can't he cut the house down some? MR. SMITH: The house has already been ~ut down a great deal from what it originally was intended to be. If this is not granted we intend to go ahead and build the house in conformity with the Ordinance and the man will just have difficulty getting into his garage. MR. ROSENBERG: Is there anyone present who wishes to spe~k in opposition to this application? Southotd Town Board of Appeals -7- October 6, 1961 (There was no response.) The applicant purchased this lot in 1960. The lot frontage of 100 ft. and depth of 195 ft. is larger than the minimum require- ment for the district. According to the appeal application the only reason the variance is sought is to permit the erection of a building which is too large for the plot. There is no topographical condition present. There is no unnecessary hardship or practical difficulty present~ nor any unique situation. On similar adjacent lots residences have been erected without any so-called hardships. After investigation and inspection the Board finds that no hardship or practical difficulty is involved. On moti~aof Mr. Bergen, seconded by Mr. Grigonis~ it was RESOLVED that George Biehl be denied permission to reduce side yard setback on his property on the west side Oakwood Drive, Southold, New York. Vote of the Board: Ayes:- Mr. Rosenberg, Mr. Bergen, and Mr. Grigonis. Mr. and Mrs. Charles Mosback, Oceansidet New York, appeared before the Board of Appeals for an informal discussion. Mr. Mosback is the part o~ner, with his sister~ of a parcel of land on the south side Route 25, East Marinn. Mr. Mosback discussed with the Board the proper way to divide the property so that he would have an access road to three cottages on the Bay and also enough land available for the two residences on Route 25. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, October 12t 1961 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 9:00 P.M. A~ ~ ~D Respectfully submitted~