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HomeMy WebLinkAboutZBA-12/17/1964ToWn Board o£ Appeals T~lephone SO APPEAL BOARD MEMBERS Robert W. Gillisl~ie, Jr., Chairman Robert Bergen Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, .Jr. MINUTES SOUTHOAD TOWN BOARD OF APPEALS December 17,1964 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, December 17, 1964, at the Town Office, Main Road~ Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr.~ Chairman; Robert Bergen~ Fred Hulset Jr. Absent: Messrs: Charles Grigonis, Jr., Serge Doyen, Jr. PUBLIC HMA~ING: Appeal No. 735 - 7:30 P.Mo(E~'SoT~)~ upon application of Valentine W. stYpe~. Main Road~ Mattituck, New York, for a ~pecial exception in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 11,~ for per- mission to erect an advertising sign on the property of Edna Andrews. Location of property: south side Main Road~ Laurel~ New York~ bounded north by Main Road, east by Fleischmann-Kahn, south by Long Island. Railroad~ west by Chas. McNulty. Fee paid $5.00. Southold Town Board of Appu_~s -2- December 1~1964 The Chairman opened the hearing by reading application for a special exception, legal notice of hearings affidavit attesting to its publication in the official newspapers mhd notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? (There was no response.) 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 wishes to erect an off premises advertising sign. This sign would be 4 feet by 6 feets, and would read as follows: "Val W. Stype~ Appraisers Real Estate, Insurances~; Main Roads Mattitucks Telephone MAttituck 9-8481 or PE 4-6172". The Board of Appeals has never in ~he past granted an advertising business sign off premisess except in the instances of those involving the furnishing of food, lodging, and amusement areas, which are directional signs only. Consequentlys to grant this privilege would be to grant a right that is denied~to all others. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and ad~oining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispies seconded by Mr. Hulses it was RESOLVED that Valentine W. Stype, M~in Road, Mattitucks New York~ be denied permission to erect an advertising sign on the property of Edna Andrews, located south side Main Road~ Laurels New Yorko~ Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. '~ Southold Town Board of App~/ls --3-- December 1~.~1964 PUBLIC HEARING: Appeal No, 736 - 7:45 P.Mj!(EjS.T.)~. Upon application of John Haponic, Southold, New York, a/c Mario Fran- zone, Arshamomaque Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance~Article III, Section 307, for permission to construct an addition to the existing dwellin g with insufficient side yard. Location of property: east side Arshamomaque Avenue~ Bexidon Estates, Lot $13, Southold,~ New~orko 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 appli- cant. John Haponic a/c Mario Franzone,. idenified pictures of the property in question. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? (John Haponic was presents however had nothing further to add to the application itself. The dimensons of the addition were briefly discussed.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? CThere was no response.) After investigation and inspection the Board finds that the applicant wishes to build an a~dition to the existing ~welling with insufficient side yard requirements° It is the opinion of the Board that the addition to the Franzone house will not chang~ the character of the neighborhood. The use of the property will remain an one family dwelling. At its nearest point to the southerly line, the proposed addition will be at least 12 feet. Since the total area involved is approximately 21,750 square feet,~ it is well in excess of the Zoning mininum requirement for area. There will be no overcrowding of land. By the construction of this facility~ the neighboring house to the south is approximately 15 feet from the line, which is within the present zoning requirements~ Southold Town Board of Appeals -4- December 17~~ 1964 The Board finds that strict application ofthe Ordinance will 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 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 by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that John Haponic, Southold, New York, a/c Marlo Franzone, Arshamomaque Avenue, Southold, New York, be granted permission to construct an addition to the existing dwelling with ~_insufficient side yard requirements, on property located east side Arshamomaque Avenue, Bexidon Estates, Lot $13, Southold, New York. Vote of the Board: Ay~s~-~r. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 737 - 8:00 P~M~!~ET), Upon application of Donald R. Gildersleeve~ Wickham Avenue~ Mattituck, New York~ for a variance in accordance with the Zoning Ordinane~ Article III, Section 303, Article X~ Section 1000A, for permission to reduce frontage of lot. Location of property: west side WickhamAvenue, Mattituck, New york, bounded north byE.A. Wood- ward~ east by WickhamAvenue, south byAnnie Tuthill~ west by John Keogr. Fee paid $5.00. The Chairman opened the hearingby reading application for a variances/legal notice of hearing, 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 this application? (~4r. Donald ~ildersleeve was present at the hearing. He had nothing further to add to the application. It was determined that the lot in question is approximately 250 feet deep and has an area of approximately 1~,000 square feet after theapplic~t sells l0 feet of the frontage) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? ~There was no response.) Southold Town Board of AppSaq[s -5-- December 17;~ 1964 After investigation and inspection the Board finds that the applicant wishes to sell 10 feet of his property on Wickham Avenue to David and Barbara Tuthill, adjoining property'owners. The parcel of land o~ned by the applicant is approximately 250 feet deep, and 75 feet wide on Wickham Avenue. After the applicant sells 10 feet~on'Wickham Avenue, he will still h~e approximately 17,000 square feet of area, which is well in excess of the area requirements of the Zoning Ordinance. The Board is of the opinion that this variance will not in any way change the character of the~neighborhood, in'view of the fact that the p~operty in question is being sold to the adjoining property owners on the south. The Board finds that strict applicationof the Ordinance will 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 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 by Mr. Gillispie, seconded by Mro Bergen, it was RESOLVED that-DonaldR. Gildersleeve, Wickham Avenue, Mattituck, New York, be granted permission to reduce frontage Oftot by selling 10 feet on Wickham Avenue. Location of property: west side~Wickham~Avenue, Mattituck, New York. Vote of the Board:-Ayes: Mr. Gillispie~ Mr. Bergen, Mr. Hulseo The Board of'Appeals again took up the matter of the Simonsen Estate. This was a hearing upon application of ChristianSimonsen Estate, Oak and Birch Avenues, Southold, New York,. for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X~ Section 1000A, for permission to divide and sell lots with insufficient frontage and area. Locationof property: west side Birch Avenue, east side Oak Avenue~ Goose Bay. Estates, Lots No; South west One--half of'228, 229, 230, and ~outh west one half of 251, 252~ 253, and 254, Southold, New York. Sguthold Town Board of App-~ls -6- December i~F 1964 After investigation and inspection the Board finds that the applicant wishes to divide and sell property with insufficient frontage and area. The Board is in agreement with the reasoning of the applicant as state~ in the application. To deny this division of propertywould be to deny a privilege that is enjoyed by many others in Goose Bay'Estates. The Board also finds that the original covenant restrictions for building plots for this development required the purchase of three lots of 20 feet by 120 feet, or in other words, an area of 7,200 squar~ feet. The Board also finds that Mr.- Simonsen, the original owner of this property was in possession of the lots that were used to straighten all the other lines to parrallel position. It is apparent from this Board's investigation that the Simonsen Estate is in possession of 70 feet on Oak Avenue, tapering down to 60 feet in width and 120 feet in depth at the easterly or rear end of the property: It is also apparent that during the years he owned the property~on Oak Avenue, he acquired one by one,. lots 230, '229, and one half of l~t 2'28, to the rear. While this Board is not in favor of reducing the requirements for building lots, it is apparent~ in the Board's opinion~ it would be an injustice to deny the division of this property, acquired prior to the passage of the Zoning Ordinance, when many other houses presently exist in the development on lots which are normally 60 feet by 120 feet. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique~ in respect to the irregular shape of the lots, 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 does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Christian Simonsen Estate,~ Oak~Avenue~ and Birch Avenue, Southold,. New York,. be granted permission to divide and sell property with insufficient frontage and area on property located ewest side Birch Avenue, east sideOak Avenue,. Goose Bay Estates~ Lots NOm south west one half of 228, 229, and 230~ and south west one half of 251, 252, 253~ and 254, Southold,. New York. Vote of the Board: Ayes: Mr. Gillispie,. Mr. Bergen~ Mr. Hulse. Southold Town Board of App~ls -7- December 1741964 PUBLIC PIEARING: ~ppeal No. 738 - 8:15PjM.(E.'SjT.'), Upon applicationof Marjorie Douglass~ King Street~ Orientt New York, for a variance in accordance with the Zoning Ordinance,. Article III, Section 303~ 304~ 307,. and Article X~ Section 1000A, for permission to divide and sell propertywith insufficient front- age. Location of property: south side King Street, Orient, New York, bounded north by King Street,~ east by otherland of Marjorie Douglasst south by Robert'Douglass~ west by Nelson Douglass Estate. 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 appli- cant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (~here was no response.) ~THE CHAIRMAN: Is there anyone present who wishes to speak against this applicationP (There was no response.) After investigation and inspection the Board finds that the applicantwishes to divide and sell property with insufficient frontage and area. The Board finds that the property in question is 59.69 feet in the front~ 58 feet in the rear,~ and 155 feet deep. The Board is in complete agreement with the reasoning of the applicant as stated in the written application to this Board. Spec~fically, there will be no change in the character of the neighborhood. There is no way to enlarge this lot. The Board finds that strict application of the Ordinance willproduce 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 property and-in the same use district; and the variance does observe the spirit of the ordinance and will not changethe character of the district. On motion by Mr. Gillispie~ seconded by Mr. Bergen~ it was Southold Town Board of Appeals -8- December 17, 1964 RESOLVED that Marjorie Douglass~ King Street~ Orient, New York, be granted permission to divide and sell property with insufficient frontage on proper~zy located south side King Street~ Orient, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulseo PUBLIC HEARING: Appeal No. 739 - 8:45 PjM.~E%'S~T¥)~ Upon application of Lefferts P. Edson, Esq.,~ Southold, New York, a/c LounsberryEstate~ Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 303~ Article X~ Section 1000A~ for permission to divide property: Location of property: north side Soundview'Avenue~ Southold, New York, bounded north by Pohl--Lounsberry, eastby other land of Lounsberry, south by'Soundview Avenue~ west by other land of Lounsberry. Fee paid $5.00. The Chairman opened the hearing by readingapplication for a-wariance~ legal notice of hearing~ 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 in favor of this application? LEFFERTS P~ EDSON~ ESQ,: I wish to speak for it~ for the reasons stated in the application. ~(Mrs. DePaz gave a brief history of the ownership of the property, in question. Mr. Lounsberry used to rent the houses on the property.) THE' CHAIRMAN: Does anyone else have anything to add to this application, or have any questions? (There was no response.) TPE CHAIRMAN: Is there anyone present who wishes to speak against this application? (~here was no response.) Southold Town Board of Appeals -9- December 17~ 1964 After investigation and inspection the Board finds that the applicant wishes to divide and set off a lot. The Board is in complete agreement with the reasoning of the'applicant as stated in the written application to the Board. This property will be divided as shown on the survey by Otto Van Tuyl ~Son, dated October 28, 1964. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardkhip; the hardship created is unique and would not be shouted by all properties alike in the immediate vicinity of this property and in the s~me use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Hulse~ seconded by Mr. Bergen, it was RESOLVED that Lefferts P. Edson, Esq., Southold, New York,. a/c LounsberryEstate,. Southold~ New York, be granted permission to divide property, property located north side Soundview'Avenue~ Southold, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen~ Mr. Hulse. The Board next took up the application or'carl & Ethel Besch~ Mattituck, New York. This application was for a riding academy on property located on the Main Road~ Mattituc~ New York. -After investigation and inspection the Board finds the following: The premises in question consist of approximately5~ acres of land located on the north side of New York-State Route 25 in the vicinity of the Hamlet of Mattituck~ The property is bounded on the north by Long IslandRail Road tracks and right-of-way and on the south by the aforesaid highway which is one of the two main highways servicing the North Fork and the Town of South- old. Lying immediately to the east of the premises is property owned by one Henry Kernowski upon which a farm vegetable stand is being operated and has been so operated for ten to twelge years last past. On the south side of Route 25 and in the vicinity Southold Town Board of Appe-~ls -10-- December 17%1964 of the premises is a real estate office established in the Spring of this year. Applicant stated at the hearing that he acquired the property in 1962 and from th~ date of-pur- chase has used the premises for the stabling of horses. Some of the horses are owned by the applicant and occasionally other horses may be boarded on the premises for pay. Applicant also stated that horses were rented out for riding purposes to ~thers for hire on an hourly~, daily or longer periods of time° Applicant stated that he is also in the business of buying and selling horses and colts and that approximately twenty horses are maintained on the premises. The buildings used for the housing of the horses were formerly chicken houses and were converted for stable use, The applicant has had a small riding track bulldozed on the premises. Upon inspection of the premises the Board found that the area lying between the highway and the buildings is completely devoid of any vegetation and consists of bare earth which generates dust. There was testimony taken at the hearing indicating the existence of flies and unsanitary condi~ons which was confirmed by an inspection of the premises by the Suffolk~County Board of Health whose report to this Board also indicated rodent infestation, improper disposal of manure an~d poor stable~conditions. Testimony at the hearingalso indicat~ that the fly problem was injurious to the ~egetable stand business and real estate office located adjacent to and in the vicinity of the premises. Mr. Kernowski,~ the owner of the vegetable stand testified to a reduction in the volume of his business caused by the fly problem. There was also testimony at the hearing that in the summer of 1964 one of the horses was killed by the Long Island Rail Road train and that the rider of such horse narrowly escapedinjuryo At the hearing the applicant testified that persons using horses housed on the premises ride the horses on the premises as well as on the premises to the north and across the Long Island Rail Road tracks. Applicant stated that permission to use the premises to the north was obtained from the owners of said premises. However~ upon investigation this Board ascertained that the owners of said premises lying to the north have not given permission for the use of their property for this purpose and letters to this effect are on file with this Board. It is the position of the applicant that-when he acquired the premises he had a legal right to use the same for the stabling of horses and that the only use requireing a special exception permit is the riding academy use of the premises. At the time Southold Town Board of Ap~-als -11-- December ~i, 1964 that the applicant acquired the property in 196~ the property was zoned "A" Agricultural and Residential District. It is the position of the applicant that the stabling of horses is embraced within the term "agricultural farm" in Article III~ Section 300, Subdivision 4, of the Ordinance. It is this Board's opinion that theterm "agricultural farm" permits only the raising of crops and uses incidental thereto and does not include the use of premises for the raising and keeping of animals or for animal husbandry. When the applicant purchased the property in 1962 ~he use of premises as stables was permitted in the "B" Business District pursuant to Article IV~ Section 400, Subdivision 10~ of the Ordinance. This Board believes that this position is borne out by the fact that in an amendment to Article III and Article IV of the Ordinance adopted on July 7~: 1964,. effective July 27, 1964, it permitted "stables and riding academies when authorized as a special exception by the Board of Appeals when hereinafter provided" in the "A" Agricultural and Residential District. Therefore, this Board believes that the applicant at no time had a legal ~ight to use the premises for the present use without obtaining a special exception from this Board. From the above~ this Board hereby determines: 1) That the proposed use of the premises will prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located. 2) That the safety,, the health, the welfare, the comfort, the convenience or the order of the Town will be adversely affected by the proposed use and its location. 3) That the use will not be in harmony with and will not promote the general purpose and intent of the Zoning Ordinance. On motion by Mr. Bergen~ seconded by Mr. Hulse,. it was RESOLVED that'Carl & Ethel Besch,. Main Road, Mattituck~ New York, be denied permission to operate a riding academy on property located north side Main Road, Mattituck~ New York. It was further RESOLVED that the use of these premises for a livery~, for the raising and keeping of horses~ stabling of horses, or any other form of animal husbandry is hereby denied. Vote of the Board: Ayes: Mr. Gillisp~ Mr. Bergen,~ Mr. Hulse. So~thold Town Board of ApU=als -12- December ~l, 1964 A letter was written to Town Attorney, Robert Tasker advising him of the lack of supply of the Southold Town Building Zone Ordinances. The Board thought that perhaps he could use his influence to speed up the production of more copies of theordinance. On motion by Mro Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals approved the minutes %f December 3,. 1964, as submitted° Vote of the Board: Ayes: Mr. GillisP~,. Mr. Bergen, Mr. Hulseo There were no new applications for the Board of Appeals, therefore, no date has been set for the next meeting of the Southold Town Board of Appeals. Meeting adjourned 9:40 Respectfully submitted~. Barbara ~... Carroza, Secretary