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HomeMy WebLinkAboutZBA-07/13/1961 $outholcl T wn Board ppeals SOUTHOLD, L. I., N. Telephone SO 5-96~0 APPEAL BOARD MEMBERS Robert W. Gillispi¢, Jr, Chairman RObr~i ~ BcrBen Herbert Roscnb~r$ Charles Grcsonis, Jr. S¢r~¢ Doyen, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS July 13, 1961 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, July 13, 1961 at the Town Clerk Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr., Chairman, Robert-Bergen, Herbert Rosenberg, and Charles Grigonis, Jr. Also present: Mr. Howard M. Terry, Building Inspector. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 396 - 7:30 P.M. (E.D.S.T.), upon application of Ernest E. Belfi, 165 Clearland Avenue, Rockville Center, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to reduce side yard. Location of property: south side Waters Edge Way, Lot No. 5 on Map of Terry Waters, Southold, New York. Fee paid $15.00. Southold Town Board of Appeals -2- July 13, 1961 The Chairman opened the hearing by reading application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: Accordin~ to the application for a building permit the original structure was located on the application sketch approximately 80 ft. from Waters Edge Way and 11'2" from the west side yard and the new structure according to the sketch is approx- imately 32 ft. by 32 ft.~ is that correct? M~. ERNEST BELFI: It is approximately 32 ft. by 22 ft. (Mr. Belfi described the sketch appearing on the back of the building permit application.) THE CHAIRMAN: When these dimensions were finally related to the plot size you have 11 ft. 2 in. to the west and 11 ft. 3 in. to the east? MR. BELFI: That is correct. Originally the plot plan as given to the builder and as filed with your building department~ called for 15 ft. off the west line. After the entire structure was completed it was only 11 ft. 6 in. off the west line instead of the 15 ft. Had it been built as I had asked it would not have gone over the line on the east side. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. BELFI: I do. M~. ROSENBERG: When you filed your original plan there is nothing on that original plan that indicates any further extension of the house at that tzme and therefore this is different than the original plan? MR. BELFI: That is correct. THE CHAIRMAN: Who filed this original plot plan? MR. BELFi: Lido Construction. However~ this new addition Lido had nothing to do with. I did it myself. THE CHAIRMAN: In order to grant a variance three conditions Southold Town Board of Appeals -3- July 13, 1961 must be present~. Strict application of the Ordinance would produce undue hardship~ the hardship must be unique and not shared by all properties alike in the immediate vicinity of the property. You say that this is the only house on the side of the road where all lots are at least 210 ft. deep. What do you mean by that? MR. ~ELFI: There are only seven lots on the bay side and si~ of those have been sold. I am sure that if anyone objected to this they would be present. The opposite side of the street is not involved because no portion of the property on my side of the street is available to them. There is a section set aside for the residents not on the water front. Only my neighbors to the east and west are afforded wauer front and neither of them have opposed my application. T~E CHAIRMAN: The variance would observe the spirit of the Ordinance and would not change the character of the district. You say that since no structures are erected the type of house to be erected will enhance the neighborhood? MR. BELFI: There is no other parcel in the entire development that has 100 ft. frontage. They are all less than that as the map will show. MR. ROSENBERG: Mr. Betfi~ you are familiar both with the practical use and legal definition of unique. Is there any difference between your lot and the other lots that makes yours different? MR. BELFI: I would say so. THE CHAIRMAN (producing the map oT Terry Waters): As you can see on the map all of the lots in Terry Waters are 100 ft. frontage or over. There are no undersized lots. MR. BELFI: I mean depth. THE CHAIRMAN: As I understand you poured a slab andthen erected a structure on it? MR. BELFI: Yes, and we did it within a day. THE CHAIRMAN: And you neglected to obtain a building permit for the structure? MR. BELFI: Mr. Terry came down and said I would have to have a building permit and I asked if I could fill it out then and He Southold Town Board of Appeals -4- July 13, 1961 said he would bring me an application° Several weeks later Mr. Terry gave me a notice to remedy violation and I came here two weeks ago and made my application for a variance. I would like to state that it would be a hardship for me to tear this structure down or to relocate it. T~E CHAIRMAN: 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? MISS AMELI~ G. VASKELIS, Rambler Road, TerryWatefs, Southotd, New York: I would. I am located at 3 Rambler Road. My only objection is that Mr. Belfi is an attorney and to go ahead without a building permit is not right. Before I even bought my property I stopped in to see about all the rules and regulations. But to go ahead on a Saturday and pour concrete and to continue after he was told not to by Mr. Terry, that is not right. We still have certain codes and thD zoning says that he must have a side yard of so many feet and knoW, hat he would be short a certain amount he still went ahead and built the room and garage. That is my objection. THE CHAIRMAN: Is there anyone else present who wishes to speak against this application? (There was no response.) THE CPIAI~: Are there any questions members of the Board would like to ask? MR. ROSENBERG: Mr. Belfi, you know that this is an area variance you are seeking. MI{. BELFI: No, it is not. I thought it was an offset variance. MR. ROSENBERG: You are required to show practical difficulty for an area variance. What is the unnecessary hardship in your placing something in the wrong position? MR. BELFI: Financially it will be a hardship revising it. MR. ROSENBERG: Suppose you had come in be~f0re you erected this and requested a variance~ do you think you would have been granted it? Southold Town Board of Appeals -5- July 13, 1961 MR. BELFI: I feel with a parcel of 210 by 100 ft. a setback of 25 ft. is an arbitrary amount of setback. I have gone 2 ft. over both sides and it is hurting no one. MR. ROSENBERG: What is the unnecessary hardship that you claim putting your house closer than 10 ft. and 15 ft.? MR. BELFI: It was not a deliberate gesture on my part to get 2 ft. MR. ROSENBERG: Is this a hardship ~ your own contrivance, would you say you created this hardship? MR. BELFI: Definitely. I did it myself. Of my own volition I did something that I should not have dcn e. THE CHAIRMAN: It would seem to me that thi~ique hardship cannot be proven. The interpretation of the mean/oX unique is something that is peculiar to your lot. There is nothing unique in the fact you misplaced the addition to your house. Financial hardship cannot be claimed. THE CHAIRMAN: Is there anyone else present Who wishes to say anything? MR. BELFI: I do not see anyone here objecti~n~g to the structure. The only objectionis as far as the law is concerned. First, the Building Inspector cannot go on private property. Second, the Board is not constitutionally, in Suffolk County, able to do anything in this entire development because it does not give us police, fire or any protection, except taxes. Third~ I think one of your members came on my property and he is a trespasser. I want all of those things on the record and I intend to take this further. Also, I want it shown that I think you are all arbitrary. (Mr. Belfi asked the Board if any of them were or are lawyers and the members answered that-they are not.) Findings of the Board: This applicant received a Certificate of Occupancy for a completed residence APril 3, 1961. About June 3, 1961 the applicant, without obtaining a buildingpermitr began construction of an addition approximately 32 ft. by 22 ft. The building inspector informed Mr. Belfi that a violation existed and that construction should cease, as it appeared that the side yard was also in violation. Nevertheless construction continued. Southold Town Board of Appeals -6- July 13, 1961 The applicant is an attorney with 30 years experience and now seeks relief to escape the results of his own acts. It is the opinion of this Board that no unusual hardship, practical difficulty, or unique situation has been shown by the applicant. The members of the Board are familiar with this property by physical inspection or personal knowledge; therefore On motion of Mr. Rosenberg, seconded by Mr. Bergen, it was RESOLVED that Ernest E. Belfi be denied permission to reduce side yard for the reasons shown in the findings of the Board. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. MR. BERGEN: I will disqualify myself at this point because I am interested in the next hearing. PUBLIC P~EARING: Appeal No. 397 - 8:00 P.M. (E.D.S.T.), upon application of Robert L. Bergen, Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article VIII, Section 801-C, Subsection II (a); for permission to adjust the boundary line into the more restricted area. Location of property: north side Route 25, Mattituck, New York, bounded north by Railroad, east by Tidewater Realty, south by Main Road~ and west by Herman Hubbard. Fee paid $15.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this ~pplication? MR. ROBERT BERGEN, Mattituck, New York: I do. THE CHAIRMAN: Did you lose some land from the State when they went through there? MR. BERGEN: No. Right at the edge of my property is Where they swung into Tidewater Realty Company. THE CHAIRMAN: The "B" Business boundary tine between the "a" and "B" District bisects your lot? Southold Town Board or'Appeals -7- July 13~ 1961 MR. BERGEN: I believe 20 ft. is in the "B" District. MR. ROSENBERG: According to the map 20 ft. is in the business district and you wish to extend the boundary line 50 additional feet, is that correct? MR. BERGEN: That is right. T~E CHAIRMAN: 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.) MR. ROSEh/BERG: According to the provisions of the Ordinance, you must have permanent open space for a rear and side yard of 10 ft. plus one foot for each additional 10 ft. of extension of the boundary. Therefore, you must leave 14 f.t. between the new "B" line and the "A" line. THE CHAIRMAN: Is there anything else? (There was no response.) The Board finds that this lot was in single and separate ownership at the time of the effective date of the Ordinance and the total area is identical at this time. This lot adjoins business property now used by the applicant and the new use will be an extension of the existing use. The Board finds that the public convenience and welfare and justice Will be served and the legally 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, therefore On motion of Mr. Rosenberg, seconded by Mr. Grigonis~ it was Southold Town Board o£Appeals -8- July 13~ 1961 RESOLVED that the "B" Business District boundary line be extended 50 feet westerly into the property of Robert L. Bergen, north side Main (State) Road, Mattituck, New York. The applicant shall observe the Ordinance requirement which specifies a permanent side yard of 14 ft. and a permanent rear yard of 14 ft. must be maintained. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Rosenberg, and Mr. Grigonis. Mr. Joseph Ulrich appeared before the Board of Appeals for an inf~mal discussion. Mr. ulrich stated that he wishes to place a directional sign on the property of Steve Doroski, south side Route 27A~ west of Bowery Lane~ Southold to direct the public to his marina at the foot of Bowery Lane, on Main Road, Southold. Mr. Ulrich filed an application for a special exception with the Board. On motion of t%r. Rosenberg, seconded by Mr. Bergen, the Board of'Appeals set ?:30 P.M. (E.D.S.T.), Thursday, July 27, 1961, Town Clerk Office, Main Road, Southold, New York, astime and place for hearing upon application of Joseph P. Ulrich, Main Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, ~or permission to erectand maintain directional sign on the property of Steve Doroski, Route 27A, west of Bowery Lane, Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion or,Mr. Bergen, seconded by Mr. Grigonis, the Board or,Appeals set 8:00 P.M. (E.D.S.T.), Thursday, July 2~ 1961, Town Clerk Office,' Main Road, Southold, New York, as time and place for hearing ~pon application of~Co~tantine King, 69-Further Lane, Riverhead, New York, for a special exception in accordance with the Zoning Ordinande, Article tV, Section 400, Subdivision 7j for permission to operate a place of amusement. Location of property: east side ~oore's Lane~ Greenport, New York, bounded north by Village of Greenport property, east by Herzog Estate and Sledjeski, south by H. L. Kalin and L. C. Katin and Albert Herzog, Jr., and west by Moore~ Lane. $outhold Town Board of Appeals -9- July 13, 1961 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. It was further RESOLVED that legal notice of hearing be pub- lished in the official newspaper on July 21, 1961. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg,~ad Mr. Grigonis. The minutes of the meeting of July 6, 1961, on motion of Mr. Rosenberg, seconded by Mr.. Bergen, were approved as submitted. Vote of the Board: Ayes:- Rosenberg, and Mr. Grigonis. Mr. Gillispie, Mr. Bergenj Mr. The next meeting of the Southold Town Board of-Appeals will be held 7:30 P.M., Thursday, July 20, 1961 at the TownClerk Office, Main Road, Southold, New York. The following resolution was offered by Mr. Rosenberg, and seconded by Mr. Bergen: Inasmuch as Article VIII, Section 802 requires that the Board of'Appeals shall make rules as to the manner of filing appeals or applications for special exceptions or variances and the Tov~a Law 267-1 requires that rules and regulations be established by the Board of Appeals, now therefore be it RESOLVED that effective immediately all communications, appli- cations or appeals directed to the Board of Appeals will be handled by its office in accordance with the rules of the Board of Appeals. This will include provisional fees, receipts, bills, vouchers, etc. Vote of the Board: Ayes:- Mr. Gillispie, Fir. Bergen, Mr. Rosenberg, and Mr. Grigonis. The following resolution was offered by Mr. Bergen, and seconded by Mr. Grigonis: Effective Immediately-- Directional sign procedure contained in the minutes of~April 21, 1961 is amended to read "Maximum size 4 feet high by six feet wide, superficial area not to exceed 24 square feet outside dimensions." Southold Town Board or'Appeals -10- July 13, 1961 This sign is subject to the same conditions that affect rDn- conforming signs. Vote of the Board: Ayes:- Rosenberg, and Mr. Grigonis. Mr. Gillispie, Mr. Bergen, Mr. Meeting adjourned at 10:15 P.M. Respectfully submitted,