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
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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~