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HomeMy WebLinkAboutZBA-09/05/1963 APPEAL BOARD MEMBERS Robeff W. Gil]ispie~ Jr., Ch~]rrn~n Roberf 5erge~ Serge Doyen, Jr. Fred Hulse, Jr. SOUTHOLD, L.I., N.Y. T~Jephone SO 5-2660 MINUTES SOUTHOLD TOWN BOARDOFAPPEALS September 5, 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, September 5, 1963 at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert-W. Gillispie, Jr., Chairman, Robert Bergen, Charles Grigonis, Jr., Serge Doye$,Jr. and Fred HUtse, Jr. PUBLIC HEARING: The hearing upon Appeal No. 565 of Edwin H. King for a special exception for permission to operate a marine for private boats was reopened at 7:30 P.M. THE C~IRMAN: We held a hearing on this matter and it was recessed and I thought at that time you people would reach a compromise. I spent a great deal of time with the Town Counsel this afternoon to discover what the Board of Appeals can do on this. He does not see where we are required to make a decision Southold Town Board of Appeals -~- September 5t 1963 within any certain time. The Supreme Court is required to make a decision within a certain number of days in a zoning matter and there is a lot to be said for your side, but according to Mr. Tasker it can either be deferred or denied without prejudice to Mr. King. I am conveying that information to the rest of the Board and they can leave the room and go into executive session to make a decision. I have agreed to disqualify myself from voting on this. MR. GEORGE McMANN: i I would like the record to show that the authority upon which you are basing your conclusicn came from Robert Tasker who is the step-brother of the plaintiff in this action questioning the title to the property. MR. HULSE: Mr. Tasker informed me that the Board might possibly make a decision in Mr. King's favor excluding any land t~hat is under litigation. MR. McM~NN: Even if ~ey granted the entire application, if the Supreme Court divests Mr. King of his title to the property he will also lose title to the permit. He will be ejected from the property. (Mr. Bergen, Mr. Grigonis, Mr. Doyen~ and Mr. Hulse w~ t into executive session.) MR. HULSE: Is there anyone present who wishes to speak in opposition to this marina? (There was no response.) After investigation and inspection the Board finds that at present this facility consists of a moored barge, a considerable footage of piling, an area which has been filled thereby extending the land area under application, a small building, a ramp for launching, small boats, in addition to various spiles and stakes necessary to the operation of a marina° The area under application is described in a November 8, 1962 location map for'Edwin H. King at orient,~New York pzepared by Otto W. Van Tuyl & Son, licensed surveyors of Greenport, New York. Southold Town Board of Appeals -3- September 5, 1963 Originally Mr. King applied for a change of zone to the Town Board on August 28, 1962, however this application for a change of zone was denied. At various times the applicant found himself in violation of the procedures and permits of the Town Trustees, however it is our understanding that there are no violations at the present time. A considerable sum of money has been expended by the applicant in connection with this project. Our understanding is that this figure currently is in the neighborhood of $32,000. On several occasions a dispute arose concerning the easterly boundary of the property under application, details of which may be found in the minutes of May 23, 1963, and July 25, 1963. The Board of Appeals delayed their decision on this application in the hope that a boundary line could be established on the easterly side of the p~perty either by compromise or based on the efforts of several individuals to discover the correct easterly line between the property now of King, formerly of Hallock, and the property of George Edwards Estate and/or George Edwards Estate, Edward Edwards Estate and Nathaniel Edwards Estate. Trustees for the Estate of George Edwards objected to the line as established on the east by the Van Tuyl location map, Yeferred to earlier in this decision. Considerable evidence was offered by five subpoenaed witnesses on the niqht of July 25, 1963, however the Board was unable to determine from t~e evidence exactly where the easterly line falls. Accordingly in view of the fact that most of the facilities of this marina are to the west of the disputed area and at the urging of counsel for Mr. King, in view of the long delay, the Board felt that a decision should be reached. At the request of counsel for Mr. King the Chairman (who happens to own property across Narrow River Road from this marina) disqualified himself from voting. The other four me~oers of the Board unanimously voted to grant this appli- cation for a marina in a residential area. The applicant, Mr. King, is the owner of 21 boats according to testimony taken at the hearing. Many nei9~£Dors and summer visitors have moored and docked their pleasure boats in -the marina entirely free of charge up to this time. The Board fin~s that there is a real need for this facility and that the character of the neighborhood will not be substantially changed by this facility which is to be conducted as a non-commercial marina. ~herewas no objection at any of the hearings to the marina as such, objections of the Trustees of the George Edwards Estate centered primarily on the matter of an easterly boundary dispute. Southold Town Board of Appeals -4- September 5, 1963 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. On motion of Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that Edwin H~ King be granted a special exception to operate this marina as a non-commercial venture in a residential district with the following conditions: With the full understanding of the applicant all commercial and/or business activity is forbidden on these premises, however in determining ~nat constitutes a business activity the Board is of the opinion that this condition should be interpreted to distinguish possible future activities which are installed primarily for the convenience of local residents rather than for the profit of the owner. Questions arising concerning interpretation of this condition should be referred to the Board of Appeals. It is further understood that in granting the application the Board is acting subject to a pending determination of a Supreme Court action to determine ownership of part of the property which is the subject of the application and that the permission extends only to the property which is determined by Court action to be the property of Edwin H. King. Vote of the Board: Ayes:- Mr. Bergen, Mr. Grigonis, Mr. Doyen, and Mr. Hulse. The Chairman disqualified himself from voting. Mrs. Margaret Cukor, Indian Neck Lane, Peconic, New York appeared before the Board of Appeals reiahive to a proposed appli- cation for a variance to the Zoning Ordinance under Article III,~ Section 300, Subsection 7 for permission to maintain an accessory building in the front and side yard. This building is in the process of being erected and the Building Inspector issued a violation on same. After considerable discussion the Board advised that it is doubtful this application would be granted and suggested that a roof be extended between the Cukor residence Southold Town Board of Appeals -5- Septen~ber 5, 1963 and the accessory building attaching them and thereby making them one building. Mr. Edwin Prellwitz, a neighbor, appeared with Mrs. Cukor. Mrs. Cukor withdrew her application and amended her buildin~ permit application to indicate an addition to her present dwelling. On motion of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes of August 22, 1963 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Hulse, and F~. Doyen. PUBLIC HEARING: Appeal Mo. 601- 8:30 P.M. (E.D.S.T.), upon application of Joseph J. Aveta, Goldin Lane, Southold, New York, for a variance in accordance with the Zonin~ Ordinance, Article III, Section 303 and Article X, Section 1000A, for permission to divide property into two lots each containing insufficient frontage and area. Location of property: west side Grove Road, Southold, New York, property bounded north by A. Cooley, east by Grove Road, south by H. Smith, and west by M. Armstrong. 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. T~ CHAIRMAN: Is there anyone present who wishes to speak for this application? STANLEY S. CORWIN, ESQ.: I am here on behalf of the applicant and while there isn't anything I want to say I would be happy to answer any questions. T~E CHAIRMAN: We have all looked at this property and find that there are many 75 ft. lots in the area, and some lots of less than 75 ft. Th~ seems to be a reasonable request. Is there anyone present who wishes to speak against this application? September 5, 1963 Southold Town Board of Appeals -6- (There was no response.) After investigation and inspection the Board finds that the applicant has a parcel of land 150 ft. frontage by 100 ft. in depth. This property is located in an unfiled subdivision known as "Mill Creek Grove" at Arshamomaque. The lots in this bubdivision were laid out mainly in 75 ft. frontages, although there are many 50 ft. and 60 ft. lots. The applicant originally purchased the property in three parcels, two parcels of 37½ ft. and one of 75 ft. frontage. He w~outd now like to divide the entire parcel into two single 75 ft. lots. 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 a 11 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. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Joseph J. Ave~be granted permission to divide his property located on the west side Grove Road, Southotd, New York into two lots each having 75 ft. frontage and 100 ft. in depth. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Doyen, and Mr. Hutse. PUBLIC PIEARING: Appeal No. 602 - 8:45 P.M. (E.D.S.T.), upon application of William E. Morgan and MatildaE. Morgan, Peconic, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 303 and Article Xt Section 1000A~ for permission to divide property into two lots, one having in- sufficient frontage and area. Location of property: east side private road, south of Indian Neck Road, Peconic, New York, LOt 34 on map of "Indian Neck Park.'~ Property bounded north by H. A. Pearce - lot 32, east by C. E. Ward, south by right-of-way, and W. F. Roberts - lot C, and west by private road. Fee paid $5.00. Southold Town Board of Appeals -7- September 5, 1963 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 this application? WILL/AM WIC~F~AM, ESQ.: I prepared the application and therefore I would be glad to answer any questions. MR. TERRY: This application should have been a variance. MR. WICK~L%M: If there is an amendment to make I would l~ke to make it. THE C~IRM_A/~: The application is therefore amended to a variance, in a variance application you must show practical difficulties or unnecessary hardship, that the hardship is unique and that it will not change the character of the district. MR. WICKHAM: In 1952 this whole tot No. 34 was ~ne~by Mr. Knapp and he split it then according to what we have termed the monument boundary line. Mr. Morgan purchased both sections of lot 34 in 1959 from two different owners. Both houses were in their present state at that time. Mro Morgan now finds it necessary and advisable to dispose of one of the properties since it does mean extra upkeep and since he has found a very desirable purchaser. You willnotice on the front lot there is a very inadequate amount of property between the house and the boundary line, there is only 16 ft. that is taken on the slant. On the ba-Ek lot there is 1.9 ft. between the house and the monument° There is an inadequate amount of land for a car to get around adequately. In area the back lot is confined to one little strip without adequate yard advantage. Coming in from the road there is a natural line of trees which he wants for protection and it gives him adequate room to go south of his house around the back with a car. There is also an adequate driveway to the back house of 29 feet and we can take advantage of the right-of-way south of there because these lots are all on a filed map and any right-of-way on a filed map can be taken advantage of by any lot on either side. This 16½ ft. right-of-way is the only one to lots D, a 75 ft. lot and lot C, a 75 ft. lot also. Southold Town Board of Appeals -8- September 5, 1963 These two lots have no other way of getting there. We are on a more than comparable basis with the two adjoining lots. The area for the back house as it is outlined in our proposal is a much more equitable area. It does not cut down the area in back of the fror~ house. It does not equalize the areas but it does bring them closer together. We think the arrangement is excellent and much better than the way Mr. Morgan purchased the two lots. THE CF_AIRMAN: We went down there and looked at the property and saw two cesspools. Will Mr. Morgan's cesspoolsbe on the rear lot? MR. MORGAN: In submitting the proposal there is one cesspool which will be on the piece of land Mr. Robinson is planning on buying. I will give him an easement. I will do anything to make it have the side yard where the 'two rows of trees are maintained. The object in laying this out is to make it possible for the purchaser to get a car in back of the house. THE CHAIRMAN: At first glance we were somewhat in disagree- ment with the submitted boundary lines. (The Board discussed with Mr. Morgan the proposed boundary line. It.was felt that the proposed frontage of 29 feet for the house in the rear would be insufficient and that the full width of frontage of 55.40 feet as the lot was originally laid out would be the best solution. This 55.40 ft. frontage would run on a diagonal to the line of trees and then follow the proposed division line, with the exception that the line would continue straight north to the northerly boundary line of the front lot. This was agreed upon by Mr. Morgan.) TB~ 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 parcel of land with two dwelling s thereon. The premises were purchased in two separate transactions in 1959 and is divided by monument lines. The applicant now wishes to sell the house and property in the rear but wishes to divide the property Southold Town Board of Appeals -9- September 5, 1963 along a line of trees. The Board is of the opinion this would leave an insufficient frontage of 29 feet and therefore they will only permit the division if it is made as follows: BeginRing at a monument 55.40 feet northerly from the southwesterly property line and running southeasterly from the point of beginning on a diagonal to the first tree on the proposed line identified by Otto W. Van Tuyl on a sketch of proposed division, thence northeasterly and thence northerly along the proposed division and continuing northerly to the northerly boundary line of the front lot. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hard- s~p 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 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'William E. Morgan and Matilda E. Morgan~e granted a variance (this application was amended to a variance from a special exception) to divide their property located on the east side Private Road, south of Indian Neck Road, Peconic, New York, Lot 34 on map of "Indian Neck Park" into two parcels as heretofore described. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Doyen, and ~.~. Hulse. PUBLIC HEARING: Appeal No. 600 - Hearing upon application of Howard L. Wells, South Drive, Mattituck, New York for a variance to the zoning ordinance was resumed at this time. The Chairman read a letter from Ethel G. Ziegter and Louis A. Ziegler, Matti~ck, New York suggesting that Mr. Wells use a work building on the back end of his property for the purpose of storing his machinery rather than building the new one on Bayview Avenue. Mr. Ziegler stated in his letter that "granting in full of the present application would seem to us to be only the beginning of a whole series of applications for similar structures along Bayview Avenue." Southold Town Board of Appeals -10- ~eptember 5, 1963 THE CHAIRMAN: Mr. Ziegler is wrong in that statement, the way would not be open for a series of similar structures on Bayv~ew Avenue. Is there anyone present who wishes to speak for this application? MR. BILL SMITH, Shore Acres, Mattituck: I want to speak for this. The man has lived there all his li~e and has had the business there forcover ten years. Mr. Ziegler has a nice piece of property but he also has a lot of buildings on it. ~r. Bird has a garage in his ba~ yard which would be in Mr. Bird's front yard actually. I am sure no one else would build along there. Mr. Bird has said he will not sell lots. MR. ZIEGI~R: Mr. Smith has mentioned I have some buildings on my property. They are residential buildings. They have been passed by the Building Department. They are not on Bayview Avenue. They are homes. My lot is over 650 feet deep and we have 310 feet of beach frontage. (The term front yard was discussed as it regards water front property.) MR. BIRD: I think there has been a lot of confusing discussion. I would not object to a private garage for an automobile, but what Howard wants to put there is a commercial building 30 ft. by 40 ft. MR. SPENCER BUTTERWORTH: What Howard wants will be in the back and nothing will show but the three doors in the front. There will be very little showing of the building. THE CHAIRMAN: Is there machinery there at all times? MR. WELLS: The machinery is on the job until it is not used any longer and then it is brought back to the property. (The type of equipment and use of the equipment was discussed.) THE CHAIRMAN: I feel this will create a business facility much larger than before and willbe located in a residential area. In my opinion I would not honestly be able to say it would not change the character of the neighborhood. Southotd Town Bcard of Appeals -11- September 5, 1963 MR. ZIEGLER: We feel Howard should take the bulldozer and fix the road leading to the old garage and use that. It would be a fine location and we would not object to it. MR. WELLS: That cannot be done. THE CHAIRMAN: I will vote against this application. It is ~he expansion of a non-conforming use beyond what I feel is appropriate under the Ordinance. I do not feel it would be in harmony with and promote the general welfare of the neighborhood. If Mr. Wells wishes the location of the garage in the vicinity suggested on the hill I will be for it. I would like to hear how each member of the Board will vote on this. MR. DOYEN: I vote against it. I think this type of a garage will change the character of the neighborhood. MR. GRIGONIS: I vote in favor of it. I feel it would be much better for the neighborhood if the machinery were under cover rather than being left in the street. MR. HULSE: I vote against it. I think it will change the area. I would be in favor of it being located where the old garage is. MR. BERGEN: I vote in favor. I agree with Mr. Grigonis that it would be better if the machinery were under cover and I don't think it would change the area because it would look much better if the machinery were in a building rather than on the highway. After investigation and inspection the Board finds that the plot of the applicant is approximately 541 feet in length on the southerly line and approximately 370 feet on the northerly line bordering Bayview Avenue. This plot runs from South Road on the west and is bounded by Mattituck Creek on the east. The appli- cant has a general contracting business consisting of excavating, gradingt earth moving and road building. His customers are largely individual property owners, developers and builders. Mr. Wells has been in business for a period in excess of 10 years. At the time the Zoning Ordinance became effective, April 1957, the operations of ~r. Wells were noted as non-conforming use in an "A" Residential and Agricultur~District. The operation is exclusively Southold Town Board of Appeals -12- September 5, 1963 a one man project. There are no employees at present. The demand for this ty~ of work has increased over the years, Mr. Wells starting with two pieces of equipment is now the owner of six pieces of equipment, including a crawler tractor, with buret loader, bulldozer, road grader, truck~ tractor and trailer, and pick-up, all of which he uses at various times in various places. The area of his property extending al~g Bayview Avenue is one of the few level spots on the property and has been used for open storage for some or all of this equipment in the past. Mr. Wells proposed to construct a garage 30 ft. by 40 ft. a minimum of 40 ft. back from Bayview Avenue and in the event that the area was insufficient for the constructio~ he proposed to excavate the necessary additional space in a steep bank which extends in a generally parallel direction along Bayview Avenue. It was determined at the hearing that he is the owner of an out building which is reached from South Road but which is in disrepair and virtually valueless. This building has a dimension of approximately 24 ft. by 12 ft. In order to grant Mr. Wells a special exception to construct this type of garage for storage of some or all of his equipment it would be necessary to permit the construction of a new building to facilitate the operation of a non-conforming business. This would not be an expansion of a presently existing non-conforming building. It was the opinion of the majority of the Board that there is no provision in the Ordinance that would enable the Board to grant permission for such a structure. It was also the findings of the majority of the Board that the creation of such a facility would tend to prevent theorderly and reasonable use of adjacent properties, that the use would inhibit the reasonable use of adjoining propertiss for residential purposes, that thi~ould not be in harmony with and promote the general purposes and intent of the Ordinance. In addition, the Board of Appeals also gave consideration to the conservation of property values in this area and the character and probable future development of properties in t his area. In short, the majority of the Board felt that the proposed facility would definitely downgrade property values and discourage residential development. Southold Town Board of Appeals -13- September 5, 1963 In dissenting from the opinion of the majority, Mr. Grigonis and Mr. Bergen stated that they were basically in disagreement with the reasoning given by the majority and felt that it would be better to houses ~/ae machinery of the applicant in the proposed structure rather than leave it uncovered along the public highway. The Board considered favorably a suggestion by a neighboring property owner to locate this facility in the southwesterly corner of the property on high ground, preferably not visible from Bayview Avenue and to be approached from South Road, however the applicant stated that he is unable to arrange access to such a location because of the extremely rugged terrain. In denying the current applica~on the denial is without prejudice to a future application in such a location, should the applicant elect to make a new application. On motion of Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that Howard L. Wells be denied permission to erect an accessory building in the front yard area of his property located on the southeast side of South Drive and Bayview Avenue, Mattituck, New YolK. Vote of the Board: Ayes:- Mro Gillispie, Mr. Hulse and Mr. Doyen. Nays: Mr. Grigonis and Mr. Bergen. On motion of Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the following Annual EEtimate be submitted to the Town Board of the Town of Southold for the Fiscal Year Beginning January 1, 1964: .Secretariat Assistance at public hearings Stationery, form printing and postage Library and Subscription to Zoning Bulletin Advertising of legal notices Travel expenses divided as follows: 1. Estimated expenses for three members of Board attendance at Associationof Towns meeting in February in New York $375.00 250.00 200.00 75.00 500.00 Southold Town Board of Appeals -14- September 5~ 1963 2. Estimated expense of Mr. Doyen, Board member from Fishers Island for attendance at Board meetings in Southold $300.00 3. Estimated travel expense of Board to Fishers Island $125.00 Total Travel Expense 800.00 Remuneration of Board of Appeals: $1050.00 of which is remuneration to the Chairman and the balance representing $950.00 to each member. Total estimated expense of Board of Appeals Total estimated income from appeal applications 4850.00 6675.00 400.00 6275.00 vote of the Board: Ayes:- Mr. Gillispie, Mr. ~rgen, Mr. Grig~nis, Mr. Doyen, and Mr. Hulse. It was further RESOLVED that the Board of Appeals forward a letter to the Southold Town Board recommending a solution to the excessive overtime put i~he Secretary of the Board for all three Boards. It was also recommended that some attention be given to alleviating the work of the Building Inspector since this affects the work of the Secretary and the Board itself. The work load in all matters pertaining to Zoning and Planning is increasing each year. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Doyen, and Mr. Hulse. Meeting adjourned at 11:30 P.M. Respectfully submitted, Judith T. Boken, Secretary