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HomeMy WebLinkAboutZBA-08/19/1965Sou hold Town oarcl o f. Appeals SOUTHOLD, L. J., N. T¢lephon¢SC) 5-2660 APPEAL BOARD MEMBERS Robert W. Gillis~)ie, Jr., Chairmen Robert Bergen Charles gre~onis, Serge Doyen, Jr. Fred. Hulsz, Jr. SOUTHOLD TOWN BOARD OF APPEALS August 19~r 1965 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M.,. Thursday,~ August 19,. 1965,; at the Town Office, Main Road,' Southold~ New York'. " There were present: Messrs: Robert'~W. Gillispie', Jr.~ Chairman, Robert Bergen,. Fred Hulse,' Jr. Absent: Messrs: Serge Doyens Jr., and Charles Grigonis,. Jr. PUBLIC HEARING: Appeal No. 793 - 7:30 P.M. CE.DoS.T.)~ Upon application of Floyd F. King,3 Jr.~ Route~ 25,~ Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article IV~ Section 408, Subsection (b), for permission to erect a wall sign. Location bf property: south side Route 25, Orient,. New Yorkt bounded north by Main. Road (Route 25), east by Blanche Clingen~ south by Theo. Rackett~ ~est by Cooper Oil Co. Fee paid $5%00. 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. Southold Town Board of Appea~s -2- August 19~ 1965 X THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? M~j FLOYD KING: It is very difficult to carry on business with small signs. I find that clients who are looking for me go right down to Orient Point and call me to find out where the office is. It gets rather difficult. MR-j HULSE: This will replace the sign on the front? MR. KING: This will replace the wall sign on the front. This is a bigger sign than the one on the front. I will just paint over the old sign. THE CPLAIRMA~: You are entitled to a sign on both roads since this is a business location~ There is considerable justification for this change. Anyone present who wishes to speak against this change? (There was no response,) TP~E CHAIRMAN: If not~ are there any questions of any kind? What will the sign say? KING: Real Estate and Insurance. MR%- HULSE: What is the size of the current sign? MR.' KING: The current sign is 4 x 6, I have just had that replaced. MR'~ CHAIRMAN: That is less than half the m~ximum permitted. Any other questions? (There was no response.) After investigation and inspection the Board finds that the applicant ~ishes to erect a sign on the side of his office that will read "Real Estate and Insurance" which willbe directly in the line of vision of people driving east on~ Route 255 and therefore easily readable. The Board finds that the appIicant proposes to dispense with the wall sign currently facing to the north on Route 25~and replace it with a wall sign on the west wall forreasons as explained in the application. The Board finds that the change from the front to the side of the building will not-add an additional sign~ but will be in the spirit of the Ordinance. Southold Town Board of Appeals -3- August !9~ 1965 On motion of~Lr.' Gillispie~ seconded by Mr. Hulse, it was RESOLVED that M_r. Floyd F,' King:, Jr.~ of Orients New York~ be granted permission to replace the sign on the front of his business office with one on the side on property located on the south side of Route 25, Orientl New York~ bounded north by Main Road Route 25),i east by Blanche Clingen, south by Theo. Rackett, west by'Cooper Oil Co. Vote of the Board: Ayes: Mr. Gillispie~ Mr, Bergen~ Mr. Hulse. PUBLIC HEARING: Appeal No. 794~ 7:45 P.M. (E.D.S.Ti)~ Upon application of Robert Al Leighton. Rochell Place~ Mattituck. New York~ for a special exception in accordance with the Zoning Ordinance~ Article III~.Section 300~.Subsection 5a~~ for permision to convert a one family dwelling into a two familydwelling. Location of property: Lot $27 and the west part of lot~$28~ in the subdivision of Lida Bartley~ Mattituck~ New York. Fee paid Ss.00. 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 in favor of this application? ~There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak in opposition to this application? (The Chairman showed several photographs of the property in question which were identified by Mr. Wvr~/AMWICEHAM. attorney for proper~ty owners in opposition to the application~') M~' HENRYKOCH: I live at Salt Lake Village and speak for irma Koch who owns our property. Why didnet Mr, Leighton appear to prosecute his application? THE CHAIRMAN: Maybe he expected an unpleasant reception. (The Chairman explained briefly the history of the two-family ordinance in Southold Town.) Southold Town Board of Appeals August 19~ 1965 THE CHAIRMAN: Do you wish to speak against this application? MR-. KOCH: Absolutely. There is no evidence of hardship in this case. We are a community of about 17 white houses - a beautiful little spot, We would be very~ very disappointed if Leighton were successful in his petition in this matter. That is all I have to say, THE CHAIRMAN: On that particular point~ I wonder if you could give us some information - from a long-time resident - on this house~ whose it is.... MR. KOCH: Fir. Chairman~ this house was originally owned by Leighton's father and mother who died~ and he inherited the house and occupied it as a one family house. Now he is trying to establish a two-family house. It has never been occupied by more than one family, MRS~ BERYL ROBICHAIRD: I happen to live ~ight opposite~ He rented this house all winter. He came down with his wife and his friends and lived in this dormitory and they did whatever cooking they could do in the garage. From Friday night to Sundaynight~ maybe Monday mornings the driveway is just like a public garage. There is any~heres from four to six cars in this driveway - not only in the driveway~ but up on the grass. The lights in the garage are lit practically all night long, This is supposed to be sort of an exclusive family developmentr so why should he be able to do something like this? THE CHAIRMAN: Tell me~ why would the lights in the garage be lit? MRSj ROBICHAIRD: That's his business. THE CHAIRMAN: And Nthey used the garage to cook in? MRS. ROBICHAIRD: They .rented out the other part of the house, THE CHAIRMAN: Because part of the house wasrented out they had to camp out? MRS.- ROBICHAIRD: Just about threeor four weeks ago he took part of the dormitory and made a kitchen out of it. He had a new stove lnstaIled, a sink and an icebox'which doesn't interfere with the other kitchen in the living quarters. Southoid ~own Board o~Appe~s --5- August i9~, 1965 THE CHAIRMAN: What part of the house is 'the dormitory? (Mrs. Robichaird pointed out the dormitory on a picture~) MRS- ROBICHAIRD: I happen to live right opposite° They are a public nuisance. THE CHAIRMAN: You live directly opposite? MR~$ ROBICHAIRD: Directly opposite. I can hear mhd see everything that goes on. MR~ WICKHAM: Salt~Lake Village was conceived and developed by Richards in the 1940's - there are moderate size lots and strictly for residence purposes with limits on 'the size of the houses. THE CHAIRMAN: Do the lots vary much in size? MR~' WICKHAM: No. Not only in Salt Lake Village~ but in surrounding areas there are only one family houses. This is strictly a one family house area. THE CHAIRMAN: Is there any other house thatanybodyknows of in Salt'Lake Village that is used as a two family house? MRi- WICKHAM: I kn~w of none. Therefore, I think an exception would be wrong on the basis of the type of community it is. I think it would also be wrong on the basis of the size of the lot. I will show you a photostat of Salt Lake Vilage. (Showed photostatj) Depth about 132' and width 75'. It does bulge out a little to the east~ but I cannot get more than 10~000 square feet out of the size of the lot~ and I think that is a maximum. It is undersized by current standards. I think that is a pretty definite sketch of the house - i~'s irregular and as far as I can determined the square footage of the ground floor is 850"i It could be a little more or less. As a story-and-a-half'house,. I would say that the second floor is even le~s than that. There is a very~, very small yard space outside of the house~ and for that reason we object to it - on the basis that it is an undersized house on an undersized lot. MR%- HULSE: There is no hardship.... MRj WICKHAM: There is no reason~ no hardship on which you should grant an exception. It is a Summerhouse equipped for all Southold Town Board of Appeals -6- August 19,. 1965 year round useage. Therefore~ we ask~ that you deny the application. T~E CHAIRMAN: How many families are members of this Commu- nity? About seventeen? How did this come to the attention of the Building Inspector? HOWARD TERRY (Building Inspector): On complaint of the neighbors. MR? ARTHUR U~x~ICH: Is it usual to go ahead and put in a second kitchen before you apply for a variance? ~h~ Ci~IRMAN: We have to .try to remain neutral even though something has already been done without permission. I would say offhand that I am trying to develop a good record. This entire Board is opposed to this type of thing. It has to be shown that it is a unique situation and that it will not change the character of the neighborhood. He has tried to show a hardship. It is no hardship if different members of the family get up at different hours. That is certainly not a unique hardship. MRS.~ VIOT~T-ULLRICH: His daughter has been married for several years andhas been coming there several years. MR%~ FRANK HUNDBY: The village had a meeting of the whole community. At that time Leighton was not part of Salt' Lake Village and I suggested that we incorporate and form an association and bring them into the village. Leighton sat there all the timei having remodeled his house~ and never said a word. Never even said thank you~ but he would like to be in the village. He now contributes $2~00 a year for the maintenance of the roads and basin and beach~ and they certainly use it plenty. MR~ KOCH: Leighton's parcel is not part of SaltLake Village. We propose that he be brought in - he was not part of the original map. M~, ULLRICH: Should thisvariance be granted~ there is nothing from preventing'him renting to two families~ correct? TNE CHAIRMAN: Yes. Once a two, three~ or four familyplace gets started~ it spreads like wildfire and 'tends to deprec~iate the neighborhood, Actualty~ the other point that has to be decided in granting or not granting the exception is whether or Southold Town Board of Appea~/s -7- August 19~ 1965 not it will change the character of the neighborhood in the judg- ment of this Board. Based on our experience~ it would change the character of the neighborhood. MRS. VERAR-, WENDELEEN: When Fir. Leithton~ Senior~ had the property, he lived according to the standards of the Village - was a very nice neighbor - but since it was inherited by his son and he has made it more or less of a camping spot it affects the people across the street~ but it does not affect me except in the case of using the beach which he does nothing to clean up - a real non- conformist. THE CHAIRMAN: This is a communal beach ? MRS. WENDELKEN: Yes~ those not on the water have the right to use the beach. THE CHAIRMAN: Anyone else ? MRJ ARTEMAS Wq%RD: (Mr. Ward just stated that he didn't want to see the same thing happen that had happened in East Marion when a two family dwelling was permitted. He mentioned, in particular~ the Blue Dolphin in East Marion and implored the Board to use their powers to stop this from happening in Salt Lake Village.) THE CHAIRMAN: Unfortunately~1 we did not grant the Blue Dolphin their application to convert to a four family house. The Town Board changed the zone where the Blue Dolphin was located and made it an "M" zone. The people who owned the Blue Dolphin owned two acres behind which is presently used for a motel. This Board has no police powers. That rests with the Building Inspector who can ~ cite them and bring violations before the local justices. Now~ sometimes the violations which are brought before the local justices take as much as five or six years. In other words, you have a failure of neighbor to enforce against neighbor. MRj WARD: Suppose you let this go ~through? We're building this and would like to have our children succeed us. It would ruin the whole village. I am emphatically against it. MRS. GERTRUDE M~. REYNOLDS: The house we live in was originally a summer house, I plan to stay there forever, but if we should ever move or have to sell~ if this went through whoever we sold to could very easily make that into a two family house. However~ we have no intention of moving. Southo&d ~own Board of Ap~e~s -8- August ~'9~ 1965 MISS M~GARET O~LEARY: If Mr. Leighton has not already violated your regulations for zoning - isn't that whole area zoned.against two family houses? THE CHAIRMAN: That is correct. This is not only applicable to Salt Lake Village. It applies to the whole Town of~Southoldo MRo' ULLR'ICH: Ail but one owner in Salt Lake Village is represented here tonight. I think you have a unanimous showing of the residents,..., THE CHAIRMAN: One of the oddities of this job is that it is not a popularity contest. If one hundred people voted for it we would have to deny it because it is unlegal. Mr. Ward brought up the question of how you can enforce these ordinances~ and the only way I know of is have your own civic association~ designating somebody to represent you at points in the local government where their presence will be felt and where they will do you some good. MR2 K~ICH: What can you do to prevent him from using the kitchen when he is down and the house is rented to other people? Can ~e just continue to use that other kitchen himself? Last winter the house was rented and will be rented again this winter. THE CHAIRMAN: It is the sentiment of this Board to deny the application and will write a ltter telling him that it is denied and he is no longer permitted to use the property as a two family dwelling, if he continues~ the next step is to report it to the Building Inspector who will cite them and bring a case in the local court and that is where things get stalled~ as you know. MR. KOCH: On the basis of this report~ could we get an injunction? THE CHAIRMAN: There is one other procedure - the fish process- ing plant started in East~Marion - this is particularly offensive to people on that property. That-was taken to the Grand Jury which is one of the safetyvalves in the English jurisprudence, KOCH: In the nature of a criminal action? MR~ IrLLRICH: In your letter that you may send denying the use of the two family house~ does that contain a directive that he remove the facilities? MR%' TERRY: Yes~ it does.~~~ c MR~ HAIRMAN: 1%~1~--~. in view of the record that if this Board is against 'this~ that any court would enforce it. Southold Town Board of-Appea~ -R- August 19.~ 1965 MR¥ KOCH: We appreciate that. MRS- WARD: W~en these facilities were installed~ was any application made to Mr. Terr~? TERRY: No, MR. WARD: Any criminal procedure against that? MRi~ TERRY: We don't find these things out unless somebody tells us. MR.'WARD: These installations are made in a suspicious way. TME CHAIRMAN: If you people organize~ these are things you should knowl You have to keep after them'- in the city you have better protection - everybody knows everybody else in the country° MISS O'T.RARY: Isn't it to the advantage of Southold Town to protect a community like ours? If this comes about, what's going to happen to the area? After investigation and ~nspection the Board finds that the applicant is the owner of property on Rochelle Place, a private road~ in Mattituck, New York~ located on the border of an attractive deveiopment of one family dwellings known as Salt~Lake Village. The applican'ts lot is slightly undersized by present zoning standards in the Town of Southold. Sixteeen of the seventeen owners of single family residences in this development.appeared at the hearing and objected strenuously to the conversion of the Leighton property to two family usage. The applicant:s reasoning concerning the break- fasting time of a married daughter and her husband~ we find to be an ordinary~ not an undue hardship~ Applicant did not appear and no arguments were offered on hisbehalf indicating that the character of this residential district would not be changed by granting this Special Exception. Some evidence exists indicating the objective of Mr. Leighton may be to rent the living quarters during the season to various tenants. All residences in the immediate vicinity are single residences which, in the opinion of the Board,. would suffer immediate and progressive deterioration of property Values. In considering the above information the Board finds and determines the following: 1. The proposed use would tend to prevent the orderly and reasonable use of adjacent properties. Southold Town Board of ApDe'~ ~ -10- August .~ 1965 2. That the character of the existing use in the area solely for residential purposes would be adversely affected by granting to one individual a use which is denied to all other residents of the Town. 3. The conservation of property values would be seriously threatened. Experience of the Board has indicated rapid deteriora- tion of property values where multiple residences encroach on single family residential developments. On motion by Mr. Bergen~ seconded by Mr. Hulse~ it was RESOLVED that the application of Robert'A. Leighton~ Rochell Place, Mattituck~ New York,? for a special exception to convert a one family dwelling into a two family dwelling be unanimously denied. Vote of the Board: Ayes: Mrl Gil~ispie~ Mr. Bergen~ Mr. Hulse. On motion by Mrl Gillispie, seconded by Mr. Bergen~ it was RESOLVED that the application of Vail Bros,~ Inc. Main Road and Peconic Lane~ Peconic~ New York~ for a special exception to erect a Caddilac wall sig~ to replace the present sign~ be held over because the Board needs a complete survey and further informa- tion. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. Hulse. Mr. Douglas Dorberi 616'Main Street, Greenport~ New Yorkl appeared before the Board for an informal discussioh in regard to his application a/c of Mr. RudyWingirter for a special exception for permission to expand a non-conforming building. After dis- cussion~ the Board scheduled a hearing on this matter'at the next meeting of the Town Board of Appeals. On motion of'Mrl Bergen,' seconded by Mr~o Hulse~ it was Southold Town Board RESOLVED that the Southold Town Board of Appeals set 7:30 (E.D.S.T.), Thursday® September 2~ 1965.' at the Town Office~ Main Road, Southold, New York~ as time and place of hearing upon appli- cation of Douglas Dorber~ a/c of M-ri RudyWlnglrter, 616 Main Street~ Greenport~ New Yorkl for a special exception in accordance with the ZoningOrdinance~ Article X~ Section 10007~. Subsection (e), for per- mission to expand a non-conforming building. Location of Property: west side of'Bay Avenue~ East Marion,' New York~ bounded north by Miskalis~ east by Bay A~e.~ south by Karas~ west by Dean. Vote of the Board: Ayes: Mr. Gillispie~ Mr~ Bergen, Mr. Hulse. On motion of Mr. Gillispie~~ seconded by Mr. Hulse~ it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T.), Thursday~ September 2, 1965~ at the Town Officer Main Road~ Sout~old~ New York. as time and place of hearing upon appli- cation of Maurice Galb~ur~ 71 Sterling St.~ Brooklyn 25Z New York~ for a special exception i~ accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 6~ for permission to build an accessory b~ilding in a front yard area. Location of property: s/s Mill Road at Naugles Drive. bounded north by'Cox Neck and Mill Road~ east byMattituck Holding Company. south by J. Leogrande, west by J. Leogrande. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. Hulse, On motion of'Mr. Hulse~ seconded by Mr. Bergen~ it was RESOLVED that the Southold Town Board of Appeals s~t 8:00 PiM. (E.D.S.T.)~ Thursday~ September 2~ 1965~ at the Town Officew Main Road, Sout~old~ New York~ as time and place of hearing upon-appli- cation of Safeway Custom Builder~ Corp.~ Candido Ave.~.ShirleY,~ New York. for a variance in accordance With theZoning Ordinance, Article III~ Section 306. for a reduced front yard setback on a corner lot. Location of property: corner of Holden Avenue~ and Southern Cross Road, Cu~chogue. New York~ bounded north by Venteau Construction Corp.~ eas~ by H. Porter~ south bySouthern Cross Road~ Sest byHolden Avenue. Vote of the Board: Ayes: Mr. Gillispie,. Mr. Bergen~ Mr. Hulse. Southold Town Board of AppeaZ~- August ~9~ 1965 On motion of l~r, Bergen, seconded by Mr. Hulse~ it was ~OLVED that the Southold Town Board of~Appeals set 8:30 PTMo (E.D.S.T.)~ Thursday~ September 2, 1965, at the Town Office., Main Road,. Southold~ New York~ as time and place of hearingupon appli- cation of Norma: A. Larkin~ Executrix~ Estate of Elmore Vi Kee,~ 12'2 South Street~ Harwich~ Cape Cod~~ Mass.~. for a variance in accordance with the Zoning Ordinance,i~Article III~' Section 303~~ and Article X~ Section 1000A~~ to divide a lot with insufficient frontage. Location of property: e/s Munnatawket Road~ Fishers Island,~ New York,: bounded north..~ by~C. Dixon, east-by West'End Land COo~ south by'West'End Land Co.~ and west by Munnatawket Road. Vote of the Board: Ayes: Mrj Gillispie~ Mr. Bergen,, and Mr. Hulsej On motion by Mr. Bergen, seconded by Mr. Hulse~ it was · ESOLVED that the minutes of the Southold Town Board of Appeals dated August 5~, 1965, be approved as submitted. Vote of the Board: Ayes: Mr. Gillispie~ Mrl Bergen, Mr. Hulse. The next meeting of the Southold Town Board of Appeals will be held at 7:30 P~M.~ Thursday~ September 2~ 1965z at the Town Office~ Main Road~ Southold~ New York, Meeting adjourned at 10:00 P.M. Respectfully submitted~