HomeMy WebLinkAboutZBA-02/15/1968 APPEAL BOARD
MEMBERS
Robert W. Gillisl:)i~, Jr., Chairman
Robert Bergen
Charles Gr¢9onis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5-2660
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
February 15, 1968
A regular meeting of the Southold Town Board of Appeals was
held at 7:30 P.M., Thursday, February 15, 1968, at theTown
Office, Main Rc~l, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr., Robert
Bergen, Fred Hulse, Jr.
Absent: Messrs: Charles Grigonis, Jr., Serge Doyen, Jr.
PUBLIC HF~Bi%J/qG : Appeal No. 1160 - 7:30 P.M. (E.S.T.) Upon
application of Rensselaer G. Terry, Jr., Oaklawn Avenue, Southold,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 300, Subsection 7, for permission to operate
a professional (attorney) office in a residential area. Location
of property: north side Main Street and west side Hortongs ~ane,
Southold, New York, bounded north by property now or formerly of
E. Terry & Ano., east by Horton's Lane, south by Main Street,
west by land now or formerly of Frank Fanning. Fee paid $5.00.
Southold Town Board of Appeals
-2- February 15, 1968
The ChaiXman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting to
its publication in the official newspaper, and notice to the
applicant.
T~E CHAIRMAN: Is there anyone present who wishes to
speak in favor of this application?
RENSSELAER G. TERRY, Jl~.~ ESQ.: Mr. Chairman and members
of the Board. I am the applicant and I n~ke this variance
application under Subdivision 8 of Section 300 of the Building
Zone Ordinance. I seek a permit to use a residence building as
an office without the requirement of my residing on the premises.
Generally a variance is the authorization for maintenance of the
use not permitted in the district as a form of relief of st=ict
application of the Ordinance, when showing of unnecessary hard-
ship or practical difficulty. This application is not a use
variance for a business use in the literal sense, but rather an
application for a waiver of the residency requirement, since a
professional office, in a residence, ia a permitted use. The
use may be called semi-residential.
My position is that a change of zone would not be appropriate
at this time since this parcel and the adjoining properties
currently should not be in a business zone. The property is
residential in nature and has so been used and might so be used
in the future. The modification which I seek is for a semi-
residential use limited to myself and an associate. Under
Section 80lB of the Building Zone Ordinance, which is entitled
Variance Powers of the Board, it states that where there is
practical difficulty or unnecessary hardship, such as exceptional
conditions applying to the property; or intended use not generally
applicable to other property in the vicinity, the Board may grant
permission for a use, consistant to, but without detriment to the
adjoining property in the neighborhood.
If this application is granted I will comply with reasonable
conditions, such as off street parking, exterior building, and
limitation of use as to myself and my associate~ as the Bo~d
may so be advised. In connection with this application I contend
and will attempt to demonstrate to you that the existing premises
can not yield reasonable ~eturn used for only residential purposes.
There is no other reasonably suited suitable business property
in the irmnediate area. The circumstances in question are unique
to this particular property in this location and the property or
proposed use of property will not diminish the value of neigh-
borhood property, nor alter the character of the locality, nor
Southold Town Board of Appeals
-3-
February 15, 1968
be inconsistant with the Ordinance. The hardship is not one
that is self-created. I would like to present my associate
and ask him to continue with our presentation in regard to
c~r application.
JOSEPH J. SNELLENBERG, II,ESQe~ My name is Joseph J. Snellen-
burg, II. I reside in Southold. I am Mr. Terryls associate.
I would like the record to show~ that I am appearing here as a
principal and not an attorney.
THE CHALRMAN: Is this a new association?
RENSSELAER G. TERRY, JR. , ESQ.: No.
THE CHAIRMAN: You have had it for awhile?
JOSEPH J. SNELLENBURG,II,ESQ.: About 15 years. I would like to
ask Mr. Terry some questions if I may.
THE CHAIRMAN: Go right ahead.
JOSEPH J. SNELLENBURG,II,ESQ.: Mr. Terry, would you describe in
general fashion the size of the lot, the house, the location and
number of rooms and so forth of the subject premises~
RENSSELAER G. T~RY, JR., ESQ.: The property is located on the
northwest corner of Main Road and Horton Lane, Southotd. The plot
is approximately 131 feet on the Main Road and 150 feet in depth
on Horton Lane. The building is a house that was built in 1878
and was remodeled in 1940. I guess you would call it colonial
design. There are four rooms on the ground floor with lavatory,
and four rooms on the second floor with two baths, a bath and
o~-half, and like a sewing room.
THE CHAIRMAN: What are the outside dimensions?
RENSSELAER G. TERRY, JR., ESQ.: I don~t know what the dimensions
are. I would say about 40 feet by 36 feet, something like that.
THE CHAIRMAN: You said at one time it had been used as a court
house?
RENSSELAER. G. TERRY, JR., ESQ.: The site was used, not the
building, for a county court house in Suffolk County until
Southampton found that they were as important as the Town of
Southold, then it was divided and part of the year it was held
in Southampton and part of the year it was held in Southold. It
Southold Town Board of Appeals -4- February 15, 1968
THE CHAIRMAN: How long ago?
RENSSELAER G. TERRY, JR., ESQ.: This was about 1680 to
1720 - 1750. I think it is on the sign in front of the
property. There is a New York State Historical marker there.
JOSEPH J. SNE?J.RNBURG,II,ESQ.: Mr. Terry, what was the use
of the property before you and your sisters acquired it?
RENSSELAER G. TERRY, JR., ESQ.: My family resided there.
We moved there in 1923 and my family resided there until the death
of my mother in 1958.
THE CHAIRMAN:
HENSSELAER G.
THE CHAIRMAN:
EENSSELAER G.
THE CHAIRMAN:
Then you inherited it?
TERRY, JR. , ESQ.: Yes, with my sisters.
You own it jointly now?
TERRY, JR., ESQ.: Yes.
What is the assessment of this house?
HENSSELAER G. TERRY, JR., ESQ.: $5400, $5500 - assessed
valuation.
JOSEPH J. SNE~NBURG,II,ESQ.: Mr. Terry, do you have a
survey of the property?
THE CHAIRMAN: I don't think we need it. I was just trying
to establish what the assessors think the premises are worth -
about $21,000 - $22,000 on the market.
HENSSELAER G. TERRY, JR., ESQ.: It was $22,000 in 1958
when I had it appraised.
THE CHAIRMAN: I assume you have tried to sell it, or not?
RENSSELAER G. TERRY, JR., ESQ.: I haven't tryed to sell it.
We have had discussion about it.
MR. HULSE: You didn't put it on the market?
RENSSELAER G. TERRY, JR. ~SQ: No.
Southold Town Board of Appeals
-5- February 15, 1968
JOSEPH J. SN]~TJ~NBURG,II,ESQ.: Is there any reason why you
don't offer it for sale?
RENSSELAER G. TERRY, JR. ,ESQ.: No special reason. For
awhile my sister thought she might reside on the property. There
was no particular agreement between my sister and myself.
JOSEPH J. SNELLENBURG,II,ESQ.: You~, or your sisters have
no i~ediate intention of residing there?
RENSSELAER G. TERRY, JR., ESQ.: No we don't.
THE CHA~RAN: You are joint owners of the l=roperty now?
RENSSELAER G. 'i~KRY, JR., ESQ.: Yes.
THE CHAIRMAN: Your sisters are aware of this application?
RENSSELAER G. TERRY, JR. ,E SQ.: Yes, she is.
JOSEPH J. S~ELLENBURG,II,ESQ.: Have you rented the property
since your mother's death?
RENSSELAER G. TERRy, JR., ESQ.: Yes.
JOSEPH J. SN~LT~NBURG,II,ESQ.: What was the average rental
received?
RENSSELAER G. TERRY, JR.,ESQ.: $125.00 per month.
MR. HULSE: This was rented as a one family house?
RENSSELAER G. TERRY, JR., ESQ.: Yes.
JOSEPH J. SNET~mNBURG, II, ESQ.: The premises are vacant
at the moment~
RENSSELAER G. TERRY, JR., ESQ.: Yes.
JOSEPH J. SNELLENBURG, II, ESQ$ How long has it been vacant?
RENSSELAER G. TERRY, JR., ESQ.: It has been vacant about
five or six years, I would say.
THE CHAIRMAN: It has always been used as a one family house?
RENSSELAER Go TERRY, JR., ESQ.: That's correct.
Southold Town Board of Appeals -6-
February 15, 1968
JOSEPH J. SNET.T.RNBURG, I~, ESQ.: Do you know what the
annual expenses are in caring for this p~operty?
RENSSELAER G. TERRY, JR., ESQ.: I don~t know exactly.
I would say about 02,000 per year. The taxes are about $$~0.00.
I would estimate, if we are talking about fees for painting
and so forth, about $2,000 a year.
THE CHAIRMAN: Are you talking about hea~ing it too?
RENSSELAER Go TERRY, JR., ESQ.: Yes.'
THE CHAIRMAN: I don't know if that is pertinent. What
your carrying charges are might be more pertinent.
JOSESPH J. SNELLENBURG, II, ESQ.: What is your insurance?
RENSSELAER G. TERRY, JR., ESQ.: The last insurance bill
I paid was somewhere in the neighborhood of $95.00. That was
for three years.
THE CHAIRMAN: That must be straight fire protection coverage.
JOSEPH J. SNELLENBURG, II, ESQ.: You have liability?
RENSSELAER G. TERRY,~Q.: Yes.
JOSEPH J. SNE~.T.~NBURG, II, ESQ.: If you were to depreciate
the property over what period would you depreciate it?
RENSSELAER G. TERRY, JR. , ESQ.: About 25 or 30 years.
THE CHAIRMAN: About $1,000 a year.
JOSEPH J. SNELLENBURG, II, ESQ.: Including interest on your
investment~ what would you .......
T~CHAIRMAN~ Don~t think this is includeable in this kind
of calculation.
RENSSELAER G. TERRY, JR., ESQ.: I would like to make this
statement. I feel I should have $200.00 a month renal. My
experience has been and I have had people who ask about renting,
but when we sit down to talk they want to pay $40.00 a month.
I had one fellow who was willing to pay $70.00 a month. Most of
the people who could pay $200.00 a month, don't want to be in
this location off the Main Road. They would rather be in a more
private area.
Southold Town Board of Appeals -7- February 15, 1968
THE CHAIRMAN: Have you ever sought relief from the
assessment? It seems ~ike a high assessment, I may be wrong.
RENSSELHER G. TERRY, JR., ESQ.: No, I haven't.
THE CHAIRMAN: Is the house in good condition?
RENSSELAER G. TERRY, JR., ESQ.: The interior is in fair
condition.
THE CHAIRMAN: Is the construction sound?
RENSSELAER G. TERRY, JR., ESQ.: Yes, it is sound, but it
is not the most desirable type of house. It only has
a partial cellar. It was rather a grotesque looking place
before it was remodeled in 1940. Rather than ~eing torn down
it was just added on to and there is only the partial cellar,
and the ceilings are high. It is not a modern house. It is
an attractive looking place from the outside. It is not cheap
to heat.
JOSEPH J. SNELLENBURG,II,ESQ.: Mr. Terry, I think Mr.
Gillispie asked you this. You would consider a reasonable
return $2400 a year?
RENSSELAER G. TERRY, JR., ESQ.: Yes.
JOSEPH J. SNELLENBURG, II, ESQ.: Do you find that you have
to move out of your present location?
RENSSELAER G. TERRY, JR., ESQ.: Yes/
JOSEPH J. SNELLENBURG, II, ESQ.: Have you attempted to find
office space in the Village of Southold2
RENSSELAER G. TzKRY~JR., ESQ.: Yes° I looked into Boxwood
apartments to find that they are being torn down. The Reese
property, which I understand that the Town is going to occupy,
or considering occupying.
THE CHAIRMAN: What rental is being asked in the Reese building?
How much space would you require?
RENSSELAER G. TERRY, JR., ESQ.: What I would require, one
of the things I would like to have is office space on the ground
floor. I do have some elderly clients that have difficulty
climbing the stairs.
Southold Town Board of Appeals -8-
February 15, 1968
THE CHAIRMAN: There was nothing available on the ground
floor?
RENSSELAER G. TERRY, JR., ESQ.: Nothing on the ground floor
available. I could have, I think an office from Mr. Reese for
something like $125.00 per mont~ for one room.
TPE CHAIRMAN: What was the size of the office 10 feet
by 10 feet?
RENSSELAER G. TERRY, JR., ESQ.: I think it was. It was
not a large office. It is my understanding the whole building
goes for $10,000 a year.
THE CHA~: One office wouldn't be enough for one
partnership. How many rooms would you need?
RENSSELAER G. TERRY, JR., ESQ.: We would need four or
five rooms, figuring fo~ storage and file cabinets.
THE CHAIRMAN: To rent facilities in that building would
cost roughly $500.00 a month.
MR. HULSE: You don't intend t~. se anything in this building
upstairs, but for storage?
RENSSELAER G. TERRY, JR., ESQ.: We might use~o~ the front
rooms for an office. There are times some people would rather
talk in another part of the building where they won't be
interrupted;and the rest will be used for storage.
JOSEPH J. SNELLENBURG, II, ESQ.: You have tried to find
another location?
RENSSELAER G. TERRY, JR., ESQ.: Yes, I have.
JOSEPH J. SN~T.T.R.NBURG, II, ESQ.: As far as you have been
able to ascertain there is none, in the village?
Southold Town Board of Appeals -9-
February 15, 1968
JOSEPH J. SNEr.*~NBURG, II, ESQ.: Do you have a map of the
area Mr. Terry?
RENSSELAER G. T~Y, JR., ESQ.: Yes, I have.
6OSEPH J. SNELLENBURG, II,ESQ.: I would like to offer
this.
THE CHA//~W3~N: How much area is available for off street
parking on your site. You can get your employees~ cars off
the street?
RENSSELAER G. TERRY, JR., ES~.: Yes. I have had some
plumbing and carpentry work done there, just refinishing floors.
Lately we have had three panel trucks and an automobile off
the road.
THE CHAIRMAN: You will probably want some sand or something
on there to help it.
RENSSELAER G. TERRY, JR., ESQ.: Yes.
JOSEPH J. SNELLES/BURG, II, ESQ.: DO you mark these
things?(refering to map presented.)
THE CHAPMAN: No, we don~t. Make a note that Mr. Terry
has offered, for the record, tax map, Town of Southold, Sheet
number 34, Schoold District number five, and shows the H. W.
Terry residence.
JOSEPH J. SNELLENBURG, II, ESQ.: There are additions to the
map which I made.
THE CHA/_RMAN: It indicates there is a church a short
distance away; American Legion Hall, within a quarter of a mile;
two churches, one across the street; doctor's office. The
area across Horton Lane is zoned for bssiness. The Academy
Printing Enterprise is several hundred feet north on Horton
Lane. As I understand it, you have telked to your neighbors
about this?
RENSSELAER G. TERRY, JR., EDQ.: Yes.
Southold Town Board of Appeals -10- February 1~,1968
THE CHAIRMAN: I don't see all of them here, so ~ assume
as long as you use this for a professional office for yourself
and an associate, and don't try to create a law factory, such
as there is in Riverhead and some places, that your n~ighbors
are in agreement with this project. Is that right?
RENSSELAER G. TERRY, JR., ESQ.: They have indicated to me
that they are.
THE CHALRMAN: Do you want to name the names of the people
you have talked to for the record.
RENSSELAER G. TERRY, JR., ESQ.: On the north is my Aunt,
Miss Marion Terry. She resides immediately to the north.
THE CHA/RMAN: She is an independent thinker on this matter?
RENSSELAER G. TERRY, JR., ESQ.: Yes, she is. North of her
is Robert Dowe and his wife and they have indicated that they
would be glad to see the house occupied, and they think that
they have no objection to the use. On the west is Mr. Panning,
and his wife is a relative of my wife. I have not discussed
this with Mr. Fanning. He has been in the hospital. Mrs.
Fanning has indicated that she does not object to it. Dr. Campbell
has indicated that he has no objection to it.
THE CHAIRMAN: Are there any other questions?
JOSEPH J. SNELLENBURG, II, ESQ.: I trust the Board will take
notice of the Main Road traffic situation and school traffic.
Mr. Terry, did you make a requ~'~ to the Chief of Police with
respect to traffic ?
RENSSELAER G. TERR¥,~Q.: I did. I asked that he give
me a letter giving his consideration of the traffic situation.
JOSEPH J. SNELLENBURG, II, ESQ.: And do you have such a
letter?
RENSSELAER G. TERRY, JR., ESQ.: I have such a letter.
JOSEPH J. SNELLENBURG, II, ESQ.: I will ofter this. (pre-
sented said letter to the Board.)
THE CHAIRMAN: This is a letter from the Chief of Police:
Southold Town Board of Appeals -11- February 15, 1968
~February 14, 1968,
"Rensselaer G. Terry, Jr., Esq. t MainRoad, Southold, N.Y.
"Dear Mr. Terry:
"This letter is written in response to your request, as to
the effect of a proposed use of premises locaeed on the north-
west corner of Main Road and Horton's Lane on vehicular traffic
congestion and hazards.
"You have described the use of the existing one-family
residence owned by you at the above location as a professional
(attorneys') office occupied by one lawyer, one part-time
lawyer and one secretary, involving traffic and parking for
two, and occasionally for three, vehicles during business
hours, with available off street parking. Related traffic would
involve an average movement of one additional vehicle every
two hours, belonging to clients, or a total additional movement
of no more than five vehicles per business day.
"During business days, the location in question has the
usual traffic problem inherent in the intersection of a village
residential street with the Main Road. Between 8:00 and 8:30 A.M.
and 3:00 and 3:30 P.M. the location in question is burdened by
the traffic generated by the Southold High School. The intersection
of Oaklawn Avenue and Main Road, directly west, is manned by a
traffic patrolman during school traffic hours.
"Upon the foregoing facts, any possible increase in
traffic congestion or traffic hazards generated by the proposed
use, over and above that inherent in an ordinary residential
use, would on its face be minimal. There would be no noticeable
increase in traffic volume or congestiont t~affic hazards or
dangers to persons and property resulting from the proposed
use of the single family residence as a professional office.
"Very truly yours, /s/ Joseph H. Sawicki, Chief of Police."
THE CHAIRMAN: That is a good letter.
JOSEPH J. SNELLENBURG, ~I, ESQ.: I will ask the Board before
I go into it. I would like to qualify Mr. Terry as an expert on
the legal aspects of zoning if the Board will accept him without
my asking him alot of qualifying questions. Save me some time.
THE CHAIRMAN: F~r. Rensselaer g. ~erry~ or Mr. Howard Terry?
Southold Town Board of Appeals -12-,, February 15, 1968
JOSEPH J. SNELLENBURG, II, ESQ.: F~r. Rensselaer G. Terry,
on the legal aspects of zoning.
THE CHAIRMAN: If you can get something out of him t/~_at's
more than we got out of him when he was Counsel for the ~own.
JOSEPH J. SNELLENBURG, II,ESQ.: Youhave answered my question.
Mr. Terry, based on what has been said before, this parcel as
a residential parcel would be different from any other residential
parcel in the area, would it not?
RENSSELAER G. TERRY, JR., E~Q.: Yes.
JOSEPH J. SNELLENBURG, II,ESQ.: Would you describe why?
RENSSELAER G. TERRY, JR.~ ESQ.,. It is unique in that its
a corner parcel at a busy intersection, immediately bounded by
a business zone, in the vicinity of a doctor*s office and
school traffic. The size of the lot is too small to be rezoned
as a business area.
THE CHAIRMAN: Why would you say that?
RENSSELAER G. '£k~RY, JR., ESQ.: The lot is 131 feet by 150
feet. As such in the area~ I think you would want larger area.
If I make application for a change of zone you would ask that
I get adjoining owners to go in with me to rezone. I think the
time is coming when a good deal of the M~n Road will be business
zone. At the present, this is not the most d~sirable residential
area,especially when you get a house of this type, when you
would want $200.00 a month rent. People who would pay that
amount of money don't want to be on the Main Road. They want to
be in a more exclusive area.
JOSEPH J. SNELLENBURG, II,ESQ.: What is the closest type
of parcel in the immediate area that would resemble this?
RENSSELAER G. TERRY, JR., ESQ.: Dr. Campbell's residence.
JOSEPH J. SHELLENBURG, II,ESQ.: Do you think there will be
alteration in the character of the area by virtue of any change
that may be granted?
Southold Town Board of Appeals -13- February 15, 1968
RENSSELAER G. TERRY, JR., ESQ.: No. The operation of a
professional office is one that is permitted in the area
ordinarily, if I resided there, by the expressed provisions
of the Ordinance. The Ordinance provides a professional office
could be maintained on the premises, and as such the office
wouldn't affect the neighborhood anymore than an ordinary
residence. The chief of Police says it will not generate any
extra traffic.
THE CHAIRMAN: You described the unique hardship to some
extent and the character of the neighborhood problem. What
about the unusual hardship. Is that in the rental difficulty
or financial hardship?
JOSEPH J. SNELLENBURG,ESQ.: The hardship would be described
in the financial aspect and the individual personal hardship in
the extent that it applies there is no property available for this
type of use in the Village.
THE CHAIRMAN: Probably in court that would carry more
weight as individual hardship. Everybody is subject to financial
hardship. I think the fact that it isn't rentabl~at .a return
which would properly maintain the property is more crucial.
RENSSELAER G. Tz~Y, JR., ESQ.: On the surrounding uses
of progerty, there are other similiar uses that are not strictly
residential such as the churches, doctor's office, the Town Hall,
this office. I think that such an office wouldn't lower surrounding
properties or wouldn't ~ diminish the value of surrounding
properties. As a matter of fact, I think that a vacant dwellin$
doesn't improve the neighborhood; a~ d when it is being used and
being occupied it would be only during the day time and make it
more of an assest to the neighborhood.
THE CHAIRMAN: Which one of you is the part-time lawyer?
JOSEPH J. SN~.?.?.RNBURG, II,ESQ.: I am the part-time lawyer.
I am employed by the State of New York and I practice law part-
time.
THE CHAIRMAN: The zoning Board itself may run a little far
afield. This is a little paragraph from the Planning News:
Southold Town Board of Appeals -14- February 15, 1968
"In cases involving other than area variances,
unnecessary hardship must be shown. Unnecessary
hardship requires a showing that the land in
question cannot provide a reasonable return for any
of the permitted uses in the zone, that the hardship
is unique and not shared by all properties alike
in the gneral area, and that the variance granted
will not change the general character of the district.
In addition to these tests, the board might also
add that the hardship is not self-created, that the
variance is the minimum necessary to grant relief
and that it will not destroy the intent of the com-
prehensive plan. The courts have also held that
financial loss alone is not sufficient grounds for
sh~wing of unnecessary hardship."
THE CHA/RMAN: I would say what you have said so far would
enable us to grant this variance, but I would be glad to hear
from anyone who wishes to speak against this application.
JOSEPH J. SN~.rm. RNBURG,II,ESQ.: I have another witness if
you want him.
THE CHAIRMAN: I don't think we need him, but is he here?
JOSEPH J. SN~.?.T~.NBURG II,ESQ.: Yes.
THE CHAIRMAN: Okay.
JOSEPH J. SNEnT~NBURG II, ESQ.: Mr. Smith what is your
occupation?
DANIEL T. SMITH: Real estate.
JOSEPH J. SNELLENBURG II,ESQ.: You are a license broker?
DANIEL T. SMITH: License broker.
JOSEPH J. SNELLENBURG II,ESQ.: How long have you been so
engaged?
DAN/~L T. SMITH: For 15 years.
JOSEPH J. SN~T.T.R.NBURG II, ESQ.: You have been an appraiser
of property on and off during that time?
DANIEL T. SMITH: That's right.
Southold Town Board of Appeals -15- February 15, 1968
JOSEPH J. SNELLENBURG II,ESQ.: You also have been in the
construction business?
DANIEL T. SMITH: That's right.
JOSEPH J. SNE~.?.RNBURG II,ESQ.: And you have developed a
number of subdivisions in the Town of Southold.
DANIEL T. SMITH: That's right.
JOSEPH J. SNELLENBURG, I~, ESQ.: Would you name some
of them?
DANIEL T. SMITH: Goose Neck Estates; Fairview Park; Kenneywood,
over on Ke~mey's Road; and now Smithfield Park.
JeSEPH J. SNET~.~NBURG II, ESQ.: At one time, for considerable
time,you were on the Southold School Board?
DANIEL T. SMITH: Yes.
JOSEPH J. SNELLENBURG II, ESQ.: You are familiar with the
area we are talking about?
DANIEL T. SMITH: Yes.
JOSEPH Jo SNELLENBURG II, ESQ.: How long have you been
familiar with the area?
DANIEL T. SMITH: All my life.
JOSEPH J. SNELLENBURG II, ESQ.: What would you say would be
the possible rental considering current conditions.
DANIEL T. SMITH: I would say about $125.00 a month. You
might get $150.00 but I find that the income in the area doesn't
warrant rental much above $150.00. I find that most of those
that will pay $150.00 a month they only want it for a short time.
In .other words they are building a house and only want to rent
for six months or a year while a house is being built. $125.00
per month is average where you have to furnish own heat and
utilities.
Southold Town Board of Appeals -16- February 15, 1968
JOSEPH J. SNELLENBURG II, ESQ.: What value would you put
on it?
DANIEL T. SMITH: I think your assessed value is just
about what you could sell it for. In the neighborhood of
$20 - $22,000.
JOSEPH ~. SNELLENBURG II, ESQ.: The multiple of the
assessed valuation?
DANIEL T. SMITH: The sale price would be around that. The
house needs some work done on it, and due to the location there
is not too much demand for a residence on the main highway.
JOSEPH J. SNELLENBURG, II, ESQ.: It is not too desirable
as a residence?
DANIEL To SMITH:
JOSEPH J. SNELLENBURG II, ESQ.: There are other uses permitted
An the A zone - churches, schools, libraries, parks, marinas, clubs,
etc. This property couldn't be used for any of those pHrposes
could it?
DANIEL To SMITH: No.
JOSEPH Jo SNELLENBURG: You have heard what Mr. Terry has
said with respect to the area and the neighborhood. If you
were asked the same questions that he was asked by myself and
the able Chairman, you would make the same answers?
DANIEL T. SMITH: I would go right along with him.
JOSEPH J. SNELLENBURG II, ESQ.: This property wouldn't
be suitable for business zone, in your opinion?
DANIEL T. SMITH: No, it isn't large enough for business.
JOSEPH J. SNELLENBURG II, ESQ.: If this was changed to
a business zone it would reduce the value of the other ~roperties
in the area would it not?
DANIEL T. SMITH: I would assume so. If this was an application
for business zone you would see quite a few neighbors here.
MR. HULSE: You mean if just this piece of property was
rezoned to business.
Southold Town Borad of Appeals -17- February 15, 1968
JOSEPH J. SNELLENBURG II, ESQ.: Yes, that was the question.
Are you familiar with the availability of rental or sale of bus-
iness property in the Village of Southold.
DANIEL T. SM_~TH: Yes.
JOSEPH J. SNELLENBURG II, ESQ.: Is there any property such
as the tl~pe Mr. Terry described available?
DAN/~L T. SMITH: There is nothing I know of. I have
checked from the neighborhood of Boisseau Avenue on west and
I don~t know of anything myself.
JOSEPH J. SNELLENBURG II, ESQ.: If you were to appraise
the properties in the vicinity, residential properties in the
vicinity, at the moment and if the Board were to grant this
application, and appraise them subsequent to such granting of
this application, the operation of the type described here,
would you make and differential in the value of the adjoining
property?
D~IEL T. SMITH: I wouldn't think it would affect them at
all.
JOSEPH J. SNELLENBURG II, ESQ.: It wouldn't reduce the
value of the property in this particular neighborhood?
DANIEL T. SMITH: No.
JOSEPH J. SNELLENBURG II, ESQ.: That's all I~ve got Mr.
Chairman.
THE CHAIRMAN: Are there any question the Board would like
to ask Mr. Smith?
(There was no response.
THE CHAIRMAN: There is one question I have thought of. In
moving from this present location would you seek a location on
the Main Street, preferable to a side street or the other highway?
RENSSELAER G. TERRY, JR. ,ESQ.: Yes.
THE CHAIRMAN: The nature of your business is such that you
prefer to be on the Main Road.
HENSSELAER G. TERRY~ JR., ESQ.: Yes.
THE CHAIRMAN: Anyone wish to speak ag~inst(~.~this,aPpli~ati°n?w - no ~esponse.)
Southold Town Board of Appeals --18- February 15, 1968
After investigation and inspection the Board of
Appeals finds the following: The applicant,ajoint owner,
proposes to use the premises, presently vacant, for the offices
of a law partnership which has been active in the community of
Southold for a period of 15 years and now finds itself without
office space. The use proposed is a permitted use in the
residential zone and the variance requested refers only to
waiving the residency requirement. Efforts to find suitable
office space elsewhere have not been successful as the record
will shDw. A reasonalbe rental return on the property would
appear to be approximately $2,000.00/$2,400,00 a year. The
record indicates such a return is not obtainable under present
conditions in this location and is supported by Mr. Smith's
testimony. The location appears to be unique by reason of
several factors - proximity to a large school, a Doctor's
Office, a church, and opposite a business zone.
Inability to obtain a reasonable ~et~nn and inability
to locate suitable office spaee in the area served by the
partnership are hardships of an unusual nature. The Board
also finds that the character of the residential area described
in the application will not be substantially altered and that
this finding is supported Chief Sawicki's analysis of the traffic
situation. Neighbors offer no objection to the proposed use.
The Board finds that strict application of 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 Mr. Hulse, it was
RESOLVED Rensselaer G. Terry, Jr., Esq., Oaklawn Avenue,
Southold, New York, be granted permission to operate a professional
office (Attorney) in a residential area, on property located on
the north side Main Street and west side Horton~s Lane, Southold,
New York, as applied for, subject to the following conditions:
1. The applicant will provide at once, suitable off
street parking for at least four automobiles. One additional
off street parking space shall be required for each employee
or occupant in excess of three.
Southold Town Board of Appeals -19-
February 15, 1968
2. Use of the premises is restricted to one law enter-
prise, whose persommel, including partners and employees, shall
not exceed six persons. Present proposed personnel consists of
one lawyer, one part-time lawyer and secretary.
Vote of the Board: Ayes:- Mr. Gillispie, Far. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 1161 - 7:50 P.M. ~.S.T.), Upon
application of Harry G. Reckhart, King Street, Orient, New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 303, and Article X, Section 1000A, for permission
to divide property into three lots with insufficient area in
one lot. Location of property: north side King Street, Orient,
New York, bounded north by land now or formerly of Serge V.
Traube, east by ~nd now or formerly of S. V. Traube, south by
King Street, west by Holtzmans. Fee paid $5.00.
TheChairman opened the hearing by reading the applicati~
for a variance, legal notice of hearing, affidavit attesting to
its publication in the official newspaper, and notice to the
applicant.
THE CHAIRMAN: The application is accompanied by a survey
of the property. Is there anyone present who wishes to speak
for this application?
FLOYD F. KING, JR.: I don't have anything to add to the
application. I would say this. It was my request that he
submit this. He had a house built on the 100 foot lot, than
the additional 300 feet. He tbQught he coul~ave three lots.
I advise him there may be some difficulty because of the
area.
THE CHAIRMAN: Is this how you propose to divide the
property, as shown on the survey?
FLOYD F. KING, JR.: Yes.
Southold Town Board of Appeals -20-
February 15, 1968
THE CHAIRMAN: The original lot was 100 feet wide?
FLOYD F~ KING, JR.: He bought this 100 feet and built
his house on it. This is a small bungalow. It is not large.
MR. HULSE: How far back from the road is the house,
do you know?
FLOYD F. KING, JR.S I don't know.
HOWARD .£.EKRY, Building Inspector: It is about 38 to 40 feet.
FLOYD F. KING, JR.: It is near the back line.
MR. HULSE: He will not crowd the road.
THE CHAIRMAN: The reduction in area would only be about
six per cent.
MR. HULSE: There is plenty of frontage.
THE CHAIRMAN: Are there any other questions?
(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 requests permission to divide property into three
separate lots with an insufficient area of 11, 716 square feet,
148.72 feet frontage on one lot. The other two lots involved
would have an area of 12, 500 square feet and 12, 554 square
feet, respectively. The Board finds that the lot with
insufficient area is unique in that it has limited depth and
ample frontage. The Board finds this lot was originally pur-
chased before the Zoning Ordinance became effective and had a
frontage of 100 feet on King Street. The appellant built his
home upon this lot and later purchased the adjoining property.
The Board finds that the appellant is actually ~nlarging the
original piece of property and the reduction in area is only
about 6% below the minimum area required for a lot by the
Southold Town Building Zone Ordinance.
Southold Town Board of Appeals -21-
February 15, 1968
The Board finds that strict application of 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 Mr. Bergen, it was
RE$OLg~U Harry G. Reckhart, King Street, Orient, New
York, be granted permission to divide p~operty into three
lots with insufficient area in one lot, as applied for,
and as shcwn on the "Map of proposed division, land of
Harry G. Reckhart at Orient, N.Y.", map by Otto Van Tuyl &
Son, map dated December 7, 1967.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Hulse.
On motion by Mr. Hulse, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appealsm minutes
dated January 25, 1968, be approved as submitted.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Hulse.
The meeting was adjourned at 9:30 P.M.
Respectfully submitted,
Barbara C. ,ittmann, Secretary
Southold Town Board of Appeals