Loading...
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