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HomeMy WebLinkAbout43 /~ ~, o ~ MICHAELIS, GILBERT Bayview Road $outhold, NY ~43 Jan. 23, 1958 Variance GRANTED - N/S Bayview Road, Southold. TOWN OF $OUTHOLD, HEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant t Street and Number Municipality State THE'ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..... ~-../...~..(. ........... DATED .~* ..... ./-.~. ...... WHEREBY THE BUILDING INSPECTOR DENIED TO .................... Name of Applicant for permit ) St~t qp,d Nu~t~ Municipality State ( ) PERMIT TO USE '~ ( PERMIT FOR OCCUPANCY ( ) .1. LOCATION OF THE PROPERT ,. ........ .cfi ........ ~street Use District on Zoning lv~ap~' Map No. Lot No, 2, PROViSiON (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number: Do not quote the Ordinance.) 3, TYPE O,F, APPEAL Appeal is made herewith for (~/~ A VARIANCE to the Zoning Ordinance or Zoning Map (/) A VARIANCE due to lack of access (St,ate of New York Town Law Chap. 62 C6ns. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~;~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (, ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance' to the Zoning Ordinance ~s requested for the reason that (Continue on other side) Foden RE~,SON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE , ~,,t~%..~ p.,,&.¢~..c~¢_.¢__.~ 9icinity of thi's property 'rind qn this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate o CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordindnce and WOULD NOT CHANGE TRE STATE OF NEW YORK ) ) couNTY ss Signture Sworn to this ....... ]~,(...C.?~.. ............................. day of ........................... .~C~4¢rb~...: ....... 19 4~ ~ Notary Public ~LO[$~ BOWDE~ N~ta~ PubJic. State of New Yo~ Residin2~ ~n Suffolk Coun~ No. 52-C387800 FOl~3~/ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF D[$APPRO'VAL To Gi l~it.t.. :~h~l ~ ...................... .... B~..V~e~ ..R~aa. ..................................... .......... $o~.l~h~l~.~ ..... ~.~ .......................... PLEASE TAKE NOTICE that your application dated .. ..... ~~ ....... for permit to construct ~..~[.~ ............ at the premises iocoted ~t ................................ } .... ~/~ ....~..~.~e~..~a~ ............................Street ~O~l~h01~ ~ M~ ~.~.~ ............ Block *~*~ Lot **~ ~ is ~g~~~isopproved on the followi ng grounds ........................................................... FORi~f NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined .............. ....~~..~.... 19~...~J~ Approved ........................................ ~'~ 19 ........ Permit No .........~..../..~..../.... Disapproved a/c ....C~...~~..~.'~ ...~.::.~.~...~.. ............. Application No .......... . .~..~.?../.. ....... APPLICATION FOR BUILDING PERMIT Date .................... .~.~...~...., ....... ,..~..~.). ..... 19-~......~.. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this location c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall 'be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in p art for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of o Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or a Iterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. ...... ......... ('Signa o app' ,or rfeme, if,q~corporation) ' ~/ ( ddress o <fpp icant) State whether applicant is owner, I~irchitect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises.....~~.~..~.-..~ ............................................................................. If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be,done. Map No: .......... ,'r ............... ~ .............. LOt No: .................... Street and NUmber .'..,':~. ~/~,~.:...~~....~,.,.~.~...~..~~.~,..~.~.'~....~....~. .............. / ~ Municipalify / 2. State existing use and occupanCy of premises and intended use and occupancy of proposed c~nstruction. a. Existing use and occupancy ........ ./.~.~..~~ .......................................................................... b. Intended use and occupancy 3. Nature of work (check which a[~phcable): New Building...: ...... Ad~m:0n .................... Alteration .................... Repair .................... Removal .................... Demolition ..................... Other Work (Describe) .................... 4. Estimated Cost ....... .~.......~.-.~.~...~...x...~..~'~... ............. Fee ...'~...//~:.~ .................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............. ~ ...... Number of dwelling units on each floor ............................. If garage, number of cars ............................. ~~ .......................................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ........ ~.:. ..... 7. Dimensions of existing structures, if any: Front ............................ Rear... ......................... Depth Height ............................ Number of Stories ............................................................................................................. Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth .............................. Height .............................. o?~; ,f/~ Nu~be,r of Stories ................................ ~,f~-~ ~:~--~...~ 8. Dimensions of entire new construction: Front ......... ...~,:...~:...~.. Rear ..... ~...~. Depth .......................... Height ' Number of Stories ...~ ....... 9. Size of lot: Front ..........~..~ ..... Rear .......... .~..~:2...~. .... Depth ...~...'..'~.....~... ........... 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which prerhises are situated .................. i....~....~.i..~...~. .................. 12. Does proposed construction ~j~late C~y, zpn, i~g.la~', ordinance o,r regulation? ..... ~4~~ ...................... 13. Name of Owner of premis~~dress,~.~..~.~~ Name of Architect Address'//....~. ..... Phone NO Name of Contractor .................................................... Address ............................................ Phone NO ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NE~.YgBK,~ ~ , ) S S COUNTY.~~.~~ ~ ,~ being duly sworn, deposes and says that he is the applicant (1',lame of individual signing application) above named. He is the .......... .~.....~..~... ............................................................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .~..~.~,~.- -.~,_,_-~.~. ~_~ ............ /.~..~doy of .................. . .~_~'..:... 19. /,F'~ (Signature ~)f opp~anu Notary Public, . ., .. LEGAL NOTtCM Notice of Hearing Pursuant to section 267 of the Town Law and the orovisions of the Building Zone Ordinance of the Town of Southold~ Suffolk County~ N.Y. a public hearing will be held by the Zoning Board of Appeals of the Town of Southold~ at the Town Clerk's Office~ Main Street~ Southold~ N.Y. on January 23, 19~8 at 7:30 PM upon the application of Gilbert Michaelis for a variance of the Building Zone Ordinance~ Article III~ Section 303. This property located on Bay View Road, Southold~ N.Y. Any person desireing to be heard on the above application should appear at the time and place above specified. Dated January 11~ 19~8 by order of the Zoning Board of Appeals of Town of Southold. Howard M. Terry~ Building Inspector Please publish once and forward the affidavit of publication immediately to Building Inspector. ( Jan. 16, 19~6 ) Thank you L~G.AL ~ the NOTIC~ OF HEAP, INO Pursuant, to ~"ctlon ~6"/ of ~1 lg~ ~ the provisions of ~ ~ Ordl~nce of ~ of So~thold, Suffolk ~ County, New York, a public He~r- lng will ~ held bY ~e ~ ~ Ap~ ~t Cl~a ~e, ~ ~, ~- old, N. Y~ on J~u~ ~, 1~, at ~:~ ~ ~n ~e ~n of G~ ~ for a ~n~ of the B~ ~ne ~ce, Art- ~ ~y i~ on Bay VI~ ~, ~old, N. Y. ~ ~on debug ~ ~ heard on ~e above app~ation ~d appe~ at ~e ~e ~d ~e} a~ve ~ed. ~d Jan~ i1, 1~8 by order] of ~e ~ ~d of A~s of] the ~ ~ ~old. B~ I~r ] STATE OF NEW YORK, ? ss: COUNTY OF SUFFOLK, ......... ~. :;....~_~ ~. ~..,= ...... :...~.._. L...... _.: ............ being duly Sworn, says that ... ~'~ is Printer and Publisher of the SUFFOLK TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a prated copy, has been published ~ the s~d Suffolk Times once in each week. for ~' .... week~ succesmvely commencing on the ...... :.:~...~..-~....: ' 19:.L.~ ...... day of ....... ~.,~..~ ......................... Sworn to before me this ~..[i .......... day of ........ }(. :L~-~,.~.~~-~ ~ ~ LEGAL NOTICE OF Pursuant to section 2IF/ ~f ~ ~w and the ~v~io~ off ~e ~- ~ Zone ~ of ~e T~ ~u~old, ~ffolk Co~ty, N. Y., ~ lic he~ w~l ~ held ~ ~e Boa~ of ~ of ~e ~ of ~uthold, at the ~ Clerk's Main Strut, ~u~oM, N. Y, on Jan- u~ 23. 19~ at 7:~ P. M. ~n the · ppHcatio~ of GH~ ~ch~ for a va~ance of ~e Bufl~ Z~e ~tn- ance, Art~le ~I, ~tion ~. ~ ~rty 1~ on ~y View ~d, ~uthold, N. Y. ~ ~y pe~n d~i~ to ~ h~rd on the a~ve application ~ould a~r at ~e t~e and pl~e ~ve ~ed. ~ Jan~ry 11, 1~8 by o~er of the Zon~g Board of Appe~s of ~wn of Southold. Howa~ M. Te~, COUNTY OF SUFFOLK i ~ ss. STATE OF NEW YORK : Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for ...... ,,.,,,~,5: ......... :.....~;. weeks successively, commencing on the ............... ~.: .................... day of ..... ~....~..,~ .:~...¢,, ....., ....... 19...:....; Sworn to before me this ....................... day of Jamuar¥ 13, 1958 ~r. Gilbert Mlchaelis Bay View Road Southold, N.~. Dear Sir; There will be a public hearing upon your application for a variance to the zoning Ordinance held at the Town Clerk's Office, Maln 8treat, Southold, N.Y. January 23, 19%8 at ?:~0 PM, by the Zoning Board of Appeals. I believe that all the necessary.papers except the deed~ the separated lots are in the file, so ii you will bring in the '~eeds to show the Board at th~ hearing that '~ll] be all. that is necessary. Yours truly Howard ~'~. Terry Building Inspector TOSVN OF $OUTIIOLD, NE%V YORK acTioN oF Taw ZON~NC, ~OA~m OF zrr~:~LS Appeal No. 2303 Dated June 9, 1977 ACT[ON OF TIIE ZONING BOARD OF APPE~.S OF ~{E TOWN OF SOUTIIOLD To Gilbert Michaelis (Gary Olsen, Esq.) Main Bayview Road Southold, NY 11971 DATE ._. ,j. ~..n_9.....2. 3, 1977 AppeHant June 23, at a meeting o! the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) nequest ~or variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance lo the Zoning Ordinance ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granled ( ) be denied pursuant to ~iicle .................... Section .................... Subsection .................... para,apb .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be co,~irtned because 8:50 P.M. (E.D.S.T.) upon application of Gilbert Michael[s, Main Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and the Town Law, Section 280A for per- mission to set off existing dwellings on separate lots and approval of access to vacant lot. Location of property: LotB 29, 29A, 30, 30A, Bays[de Terrace, south side Summit Road and north side Bayview Road,' Southold, New York, bounded on the north by Summit Road, east by now or formerly C. Vitale; south by Bayvi~w Road; west by Dickinson and others. 2. VARIANCE. By resolution of the Board it was determined tbat (a) Strict application of the Ordinance (would) (wo~dd not) produce bardsldp because practical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the hnmediate vicinity o! this property and in tim same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested vat'lance ( ) be granted ( ) be denied and that the previous decisions of Ihe Btdlding Inspector ( ) be confirmed ( ) be reverse~l. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection, the Board finds that the appliGant requests permission to set off Lots 3 and 4 on the Van Tuyl survey of May 13, 1977, south side Summit Road and north side Bayview Road, Southold, New York. The findings of the Board are that there is no way to enlarge these lots. They were created p~ior to the present Zoning ordinance~Both lots are improved now with one-story framed bungalows which have been winterized. The creation of these two lots under separate owner- ship will not affect the character of the area. The Board finds that strict application of the Ordinance would produce practical difficulties or unneoessary 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 will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Gilbert Michaelis, Main Bayview Road, Southold, New York, be GRANTED permission to create Lots 3 and 4 as desGribed on the Van Tuyt survey of May 13, 1977. There will be two separate lots with access to Lot 3 over a 25' right- of-way from Main Bayview Road to Lot 3 adjoining the westerly boundary of Lot 4. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -13- June 23, 1977 PUBLIC HEARING: Appeal No. 2303 8:50 P.M. (E.D.S.T.) upon application of Gilbert Michaelis, Main Bayview Road, Southold, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and the Town Law, Section 280A for permission to set off existing dwellings on separate lots and approval of access to vacant lot. Location of property: Lots 29, 29A, 30, 30A, Bayside Terrace, south side Sura~it Road and north side Bay View Road, Southold, New York, bounded on the north by Summit Road, east by now or formerly C. Vitale; south by Bay View Road; west by Dickinson and others. The Chairman opened the hearing by reading the application ~or-a variance, legal notice of hearing, affidavits attesting to ~ts publication in the official newspapers, notice to the appli- ' cant, and disapproval from the Building Inspector. The Chairman also read statement that notification by certified mail had been made to: Mr. and Mrs. Edward Cielatka; Helen Doma; Paestom Realty; Mildred L. Dickinson. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a survey dated May 13, 1977, indicating that the total parcel here which is being subdivided, is proposed to be subdivided, is 192' on Bayview Road with a depth of 324', approximately. The northerly dimension, the width is approximately the same, 193'+. The westerly dimension is approximately the same as the easterly dimension which is 324' plus or minus. The applicant has a one and one-half story framed house and garage on Lot #5 with 95' on Main Bayview Road and three one-story framed bungalows on approximately 10,000 sq. ft. lots. The first one is on Main Bayview Road, it's about 97' wide. The others are 97' wide. There are three bungalows more or less in a row here. The applicant's residence is using what appears to be two lots of the original conformation here. He proposes to leave one lot vacant, %29 which is the northwest corner of this rectangular piece of property. Is there anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: If I may, I'd like to first'start by giving 'you some background as to how the property was obtained by Mr. Michaelis. Originally, in 1947, he purchased a piece from Edgar and Rose Douglas on October 14, 1947, having frontage on Main Bay- view Road of 192'. It went back in a northerly direction about 150'. He then, in January 23, 1958, purchased ... when I say "he", I'm referring to Mr. Michaelis and his wife, purchased Lots 29A and 30A from Eastern Suffolk Realty Inc. Then lastly, on May 19, 1964, he purchased from a B. Arthur Thurm Lots 29 and 30. The lots that I'm referring to are all lots on a filed map known as Map of Bayside Terrace, Map #2034. THE CHAIRMAN: When you say it's a filed map, it's filed with the County ... GARY OLSEN, ESQ.: Filed with the Suffolk County Clerk's office. ~outhold ToWn Board of Appeals THE CHAIRMAN: But it's not an approved ... June 23, 1977 GARY OLSEN, ESQ.: Of course, the Zoning has changed so that now it's not an approved map. The intent of the applicant is to divide the property on the easterly side, as you've indicated before, more or less in a row. Starting from Main Bayview and going north are three houses designated on the map which was submitted with the application as Lots 2, 3, and 4. THE CHAIRMAN: HoW would Lot 3 obtain access? GARY OLSEN,'ESQ.: Lot 3 would obtain access as indicated in ~he aPplication over .Lot 4 from Main Bayview over a 25' wide right- of-way. Where it says "graveled drive", it would b~ over that going in ~ northerly direction to get to Lot 3. Ail of the lots presently, Lot 2 has a residence on it, these are all winterized residences. Lot 2 has a residence, that would obtain access ... THE CHAIRMAN: These are all winterized? GARY 0LSEN, ESQ.: Yes. Lot 2 would obtain access over the right-of-way which is shown on the filed map off of Summit Road. THE CHAIRMAN: To the north? GARY OLSEN, ESQ.: To the north, it would come in from the northerly end. THE'CHAIRMAN: How wide a right-of-way does that have there? GARY OLSEN, ESQ.: 50' according to the map of Bayside Terrace, it shows a reserved area 50' wide to obtain access to Lot 30. That, in effect, Parcel 2 which is Lot 30, is a little larger than Lot 30 on the filed map. THE CHAIRMAN: Which one did you say? GARY OLSEN, ESQ.: Lot 2, proposed Lot 2 is in effect Lot 30 on the filed map. It's a little bit larger by 4' or 5'. Lot 3 also has a present dwelling on it and that, in effect, is Lot 30A on the filed map plus some described property. The net result would be that the lot would be in keeping with the other lots in Bayside Terrace as far as size is concerned. THE CHAIRMAN: In other words, Lot 3 doesn't conform to the original Bayside Terrace map. GARY OLSEN, ESQ.: Lot 3 is Lot 30A on the filed map plus some additional described property. The net result is that Lot 3 would be in keeping with the general size and shape of the other lots on the map. Southold Town Board of Appeals -15- June 23, 1977 THE CHAIRMAN: Ail 108' by 97', four of them 108' by 97'. GARY OLSEN, ESQ.: That's right, and it would obtain access over proposed Lot 4 which has frontage on Main Bayview Road. That is a described piece, it is not a lot on the map. It also has an existing residence on it and would have access of approxi- mately 97' on Main Bayview Road. THE CHAIRMAN: Ail right, in 1947 the original property was acquired. GARY OLSEN, ESQ.: That's right, that was a described parcel. St was 150' deep by 192' and it did not include any of the lots on the map. THE CHAIRMAN: Then 29A in 19587 GARY OLSEN, ESQ.: 29A and 30A in the same deed in 1958. THE CHAIRMAN: And they were acquired from ... GARY OLSEN, ESQ.: Eastern Suffolk Realty. Lots 29 and 30 were bought in 1964. THE CHAIRMAN: Was there anything in 19597 GARY OLSEN, ESQ.: No, Lots 29 and 30 were bought in 1964 from B. Arthur Thurm. We would need an access variance to obtain access to proposed Parcel 3 over proposed Parcel 4. THE CHAIRMAN: And has the access been improved? GARY OLSEN, ESQ.: Well, we hope the access will be approved by this Board tonight. THE CHAIRMAN: No, I mean improved. GARY OLSEN, ESQ.: There's an existing gravel driveway. That's how they get access now to get to that piece. Proposed Parcel 1, in effect, is Lot 29 on the filed map plus a little additional strip from Lot 29A. Parcel 5 would be part of 29A on the map plus the described piece that would have square footage of approximately 20,500 sq. ft. The granting of the variance would not increase the density since the buildings are already in existence. Mr. Michaelis is presently under contract to sell Parcels 3 and 4, but the contract is contigent upon this variance being granted. THE CHAIRMAN: Our problem here is that this is more than two lots, a division into more than two lots. I think the Board sympathizes with this application and everything that you've said here. The only thing I'm not sure of is what the Planning Board would do about it. It seems to me they'd have to recognize an existing situation, but the last time I approached them with a Southold Town Board of Appeals -16- June 23, 19~7 problem like this, Mr. Wickham said that they didn't approve any subdivisions with undersized lots. GARY OLSEN, ESQ.: That's why I think it's strictly a Zoning Board matter, I don't think it's a Planning Board matter because they don't listen to or entertain applications for any- thing under 40,000 sq. ft. It's very much similar to the Horton matter that you approved down in New Suffolk where there were existing residences. THE CHAIRMAN: At that time, we were approving up to four. We never did five but we had approved some up to four. Over four was a-Planning Board matter. Anything over two is really a Planning Board matter and I think that this should be referred to them. Our ~omments would be that we agree with the reasoning oF the applicant, with your presentation here. As I say, I'm not quite sure what they'12 say about Lot 29, whether they'll want to enlarge that Lot 30 be re- quiring 29 to be included, but even then they wouldn't get 40,000 sq. ft. GARY OLSEN, ESQ.: I don't think that the Planning Board would, it's really not a subdivision of property as such, it's simply an application for approval to recognize each parcel as a separate in- dividual parcel since it already has a residence. You are not really increasing the density at all, it's an existing situation. The Planning Board, as I understand it, is more concerned in entertaini~ new subdivisions under the present rules and regulations and I don't see where they would have any jurisdiction over this. THE CHAIRMAN: I'm constantly told by others that the County, on the County Planning Commission, that their Boards of Appeals in their towns don't even approve divisions into two, it's illegal. I think that what we should do here is to write a letter to the Planning Board suggesting that in view of the circumstances des- cribed here we would recommend that the Planning Board go along with this and that if they will make a recommendation to us to legalize this division, I'll be glad to do it. GARY OLSEN, ESQ.: Not only that, may I point out that there, in effect, are four lots on an existing filed map that we're dealing with. It's not a subdivision that is an excepted map under the present Zoning but, again, there are existing residences on it so I don't think the planning Board really has an jurisdiction. Also, the rest of the property is a described parcel with two residences, we're not asking it to be divided into any more than that. THE CHAIRMAN: When'S the next meeting of the Planning Board? GARY OLSEN, ESQ.: Monday. THE CHAIRMAN: Why don't you take it into them then. Southold Town Board of Appeals -17- June 23, 1977 GARY OLSEN, ~SQ.: ~ay I ask this Board letter by Monday indicating that, if I if you could write a understand you Correctly, that you have no Object,on to this but you just want to make Sure that they don't Want to also look at it. THE CHAIRMAN: That's what we have done with this type of situation. It may be then, I'm not sure, but where counsel required it in the case of Parker Wickham who's here tonight for a similar type of division, he required that each of these be applied for separately, you have a better title that way. That's what we've done With Mr. Wickham. GARY OLSEN, ESQ.: If it's the number of parcel,s, then may I request that perhaps you approve tonight the divismon of just Parcels 3 and 4 as two individual parcels. Grant the access Variance and I'll, for the time, withdraw trying to subdivide or get a variance for Lots 1, 2, and 5. In other Words, tonight I Would just like to have approved proposed lots 3 and 4 with two x~stlng residences, that these be granted a variance to be sold as single and separate parcels with an access variance to Parcel 3 Over Parcel 4. As far as the rest of the application for vari- ances on 1, 2, and 5, I'll withdraw it. THE CHAIRMAN: What would you do, apply later for it? GARY OLSEN, ESQ.: I don't know. THE CHAIRMAN: You're trying to avoid the Planning Board, it looks like. GARY OLSEN, ESQ.: Mr. Michaelis has a dead line on his contract to sell Parcels 3 and 4. THE CHAIRMAN: What does the rest of the Board think about this? I can't give you all the legal aspects of it. CHARLEs GRIGONIs, JR.: I've got nothing agains~ dividing it up as long as we can make it legal. ~OBERT BERGEN: That's FRED HULSE, JR.: Well, for, We've done two before now. · right. if it's only two lots they're applying I can't see why we shouldn't do two THE CHAIRMAN: Yes, but you're doing two and you're leaving a third, see? Which consists of the entire balance of it. GARY OLSEN, ESQ.: There are already existing residences, I know you've done it many times before. FRED HULSE, JR.: They're existing pieces, it's not like we Were cutting it out of virgin territory. June 23, 1977 -18- Southold Town Board of' Appeals ~ GARY oLSEN, ESQ-: We have five tax ' . have a tax bill the ~in residence, we have another tax b~ll for Lot 29A, for 30A, and another one for on another one for 29, another tax bill THE CHAIRMAN: you will. There'S no way that these two £o~ be. changed- come to the Southold Town f purchased ~lse~here and I've · . iece of property I ~ove it, I d appreciate it. dead lane on_? P~n~ settled, I'd got to get tnms ~,~ ~ back ones off and make them one As I say, we can knock these two ct with the existing house! I'm'. willing to if you want, a smal~.l .... e lot. Those two.bac~ ones on summit ~~-,~ that up and call x~ w~_,~ ~al~ it.on? p~ece, that'll give think ' you would. GARY oLSEN, ESQ.: In other words, what he'S saying I think is that Lots i and 2 would be combined into one. Actually, that would then become, in effect, an oversized parcel compared to the rest of the parcels in the community- If you look at the subdivisi¢ map of Bayside Terrace, all of the others are roughly 100' by ll0' or so, so that would become an oversized parcel. THE CHAIRMAN: well, I don't think that we have to bind you to that. Let the record show then that Mr. olsen acting as attorney for the applicant has withdraWn Lots l, 2, and 5 as described on the survey by Van Tuyl of May 13, 1977 from his application $2303 and wishes to divide Lots 3 and. 4 into two separate 10,500 sq. ft., approximately, parcels. ROBERT BERGEN: He'S not actually dividing them, he'S getting separate tax bills noW. FRED HuLSE, JR.: It's an existing situation- THE CHAIRMAN: Yes, but for Zoning any contiguously owned lots are regarded as one parcel. GARY OLSEN, ESQ.: All of the deeds were taken in the same name so we have a technical merger of title. FRED HuLSE, JR.: He has four residences- THE CHAIRMAN: And up until now, you've owned the residences correct? Southold Town Board of Appeals -19- June 23, 1977 GILBERT MICHAELIS: Yes. FRED HULSE, JR.: But he Wants four lots now. GILBERT MICHAELIS: I'm willing to give up one lot to make one of 20,000 sq. ft. Either 29 and 30 or 29A and 30A, I'm not sure how they number oh the map. GARY OLSEN, ESQ.: Lots 1 and 2 would become one piece. now. THE C~AIPdw~/~: I'd rather leave them out of the consideration GARY OLSEN, ESQ.: May I say, just for the reco~d, that I'm withdrawing Lots 1, 2, and 5 without prejudice to renew at a later date. THE CHAIRMAN: Right. At that time, maybe we would ask you to combine them, maybe not. Anyone wish to speak against this? (There was no response.) After investigation and ~ the applicant requests o~--=-~Pe~ul°n.' the Board finds that ~ _ ~ ~ ==~LL~on UO se~ off L~*~ the van Tuyl survey of May 13 ~o~. ....... ~o o =nu ~ on = ~ ~'', ~uu=n S1Ge Summit Road and north side Bayview Road, Southold, New York. The findings of the Board are that there is no way to enlarge these lots. They were created prior.to the present Zonin O ' a~e improved now wi ..... ~ rdlnance. Both lot Winterized. ~ __~ene s~oz3 frame~ bungalows which s ~ ... ~"= ~=~ulon cz these two ~.... = have been .... p Will not affect the character o~ t~r~er separate owner- The Board finds that strict application of the Ordinance would 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 proper~y and in the same Use district; and the variance will not Change the character of the neighborhood and will observe the spirit of the Ordinance. ' On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Gilbert Michaelis, Main Bayview Road, Southold, New York, be GRANTED permission to create Lots 3 and 4 as described on the Van Tuyl survey of May 13, 1977. There will be two separate lots with access to Lot 3 Over a 25' right-of-way from Main Bay- view Road to Lot 3 adjoining the westerly boundary of Lot 4. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. June 23, 1977 -2Q- Southold Town Board of Appeals On motion by Mr. Hulse, Seconded by Mr. Bergen, it was RESOLVED that the chairman of the Southold Town Board of Appeals read the legal notice concerning the variance applications of J. Parker Wickham only once. This one reading of the legal notice shall apply to all seven applications made by Mr. Wickham. Vote of the Board: Ayes: - MessrS: Gillispie, Bergen, Hulse, GrmgonmS. :17 P.M. (E.D.S.T.) ' PUBLIC H.EARING: Appeal No~ 2296 zoning Ordinance, upon applicatmon of J- Parker W~ckham, Azrway Drive,.Mattituck, NeW York for a variance in accordance with~the · _ d Bulk Schedule and Town Law, · III, SeotmOn ~00.3~ an off existing bu%ldin~_on . 280A for perm ss o Location ~j~el A, map of pro~?rt~ O~e~'Yg~k' bounded on the ~ane Extensl°n~.~_~~er land of~ applicant; sou=n Dee Hole Cree~, = . . ---~ b~, R. C. Kopr. B~alow Lane ExtensiOn, w=ou The Chairman oP~ed the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building inspector. The chai~an also read statement from the To~ clerk that notification by certified mail had been made to: R. C, Kopf; F. A. Ross; G. L. center line of BUngalow Road. (The chair~n read the description-) Is there anyone present who wishes to speak for this application? d asked last time that we get an ~ D~RKER wICK~: You ha.~ -~-~-of-way which we have ~' ---i~ ~o away with the olu =~"~ road. other agreement uo ~ obtained from all the other people that use that than that, we really have nothing else to say. (Mr. Wickham submitted a copy of the agreement to the Chairman-) F~D HULSE, JR.: That'S the one that they traveled that was different from what'S on the map? j. p~KER wICK~; yes, it is shown on the map that Van Tuyl made. / .,,j .£ t H,~ LL 9~ooM ' ~.ooM ~-. ~LOOK ~t -1