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HomeMy WebLinkAboutZBA-04/04/1968Southold Town Board of Appeals -AOUTHOLD, L, I., N. Y. TcJephon¢ SO 5-~660 APPEAL BOARD MEMBERS Robert W. Gillis~i~, Jr., Chairman Robert Bergen Charles Oregonis, Jr. S~rg¢ Doyen, Jr. Fred Hulsz, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS April 4, 1968 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, April 4, 1968, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie,Jr. , Chairman; Robert Bergen, Charles Grigonis,Jr. , Fred Hulse,Jr. Absent: Messr: Serge Doyen,Jr. PUBLIC HEARING: Appeal No. 1168 -~:30 P.M. (E.S.T.), upon application of Francais J. Van Manen, 581 Onderdonk Avenue, Ridgewood, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, for permission to erect a dwelling with insufficient front yard setback. Location of property: north side Albo Drive, east side G.I. Lane, Laurel, New York, bounded north by Horton Creek, east by J. Longo, south by Albo Drive, west by G.I. Lane. Fee paid $5.00. Southold Town Board of Appeals -2- April 4, 1968 THE CHAIRMAN: Are you Francais the man present at the hearing) MR. MAURO: No, I'm Frank Mauro, THE CHAIRMAN: What is the date of this MR. HULSE: March 5, 1968. J. Van Manen? (indicating the contractor. application? (The chairman continued to read the material.) THE CHAIRMAN: It was disapproved on March 9. MR. HULSE: What is the average setback on that block? MR. MAURO: There are no houses within quite a distance. THE CHAIRMAN: What about the application? MR. MAURO: It was denied. THE CHAIRMAN: Do you have a map? MR. MAURO: Yes, here. (He brings the map up to the desk.) THE CHAIRMAN: There is 150 feet frontage on the east lot and 96 feet on the west lot. Also, there is a right-of-way in between, which probably will never be used. They are pie- shaped lots which are both over the minimum size required. MR. HULSE: Have you figured the average setback on that block? MR. 73 feet, THE CHAIRMAN: G.I. Lane goes in between them more This wouldn't actually be a road here? MR. MAURO: No, I doubt it. THE CHAIRMAN: This one here (indicating map) for the west side survey is incomplete. Will it inconvenience anyone if he slopes ~n~formly hack on this lot? MR. BERGEN: He doesn't have too much space on that lot. MAURO: Two of the houses are about 50 feet, one about and another about 33 feet. The average is about 50 feet. or less. Southold Town Board of Appeals -3- April 4, 1968 THE CHAIRMAN: I think the setback for this east lot should be the minimum 35 feet. It should not be guided by the average setback as in the case of the corner lot. Are there any further questions? Does anyone wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to reduce the average front yard setback of 35 feet, to 30 feet. The Board finds that the applicant has an oversized lot sloping uniformly to the north and that this slope is not an unusual topographical hardship. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; The hardship created is not unique, it is shared by many lots on the north side of Albo Drive, and will not tend to change the character of the district. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that Francais J. Van Manen be denied original request for a 5 foot reduction of minimum setback. He will be granted permission on the condition that he builds 35 feet from the front yard line. Vote of the Board: Ayes: Mr. Gillispie, Mr. Grigonis, Mr. Hulse, Mr. Bergen. PUBLIC HEARING: Appeal No. 1169 -7:40 P.M. (E.S.T.), upon application of Francais J. Van Manen, 581 Onderdonk Avenue, Ridgewood, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, for permission to erect a dwelling with insufficient front yard setback. Location of property: north side of Albo Drive, west side of G.I. Lane, Laurel, New York, bounded north by Martha Huising, east by G.I. Lane, south by Albo Drive, west by K. Tuthill. Fee paid $5.00. The Chairman 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. Southold Town Board of Appeals -4- April 4, 1968 THE CHAIRMAN: This lot is similar to the preceding one, but brings up the point of building within 20 feet of imaginary G.I. Lane. MR. BERGEN: Do you realize that the closer you come forward, the less setback you will have, and therefore the house will have to be smaller. MR. MAURO: What was the frontage on this lot, 95 feet? MR. BERGEN: The frontage is 96 feet. Also, the closer forward you come, the less side line you will have. This is due to the shape of the lot. MR. MAURO: What are the requirements on side lines? MR. TERRY: You have to have 15 feet on one side and 10 feet on the other. This a corner lot which makes a difference. The setback is 35 feet. THE CHAIRMAN: least 35 feet. It would be preferable to locate the house at MR. GRIGONIS: 15 feet from the side line would still give 35 feet or more on Albo Drive. But, on G.I. Lane if you reduce to 20 feet, you will have 20 and--- what is the size of the house? MR. MAURO: The house will be about 60 feet. MR. HULSE% If the house is 60 feet, the setback 20 feet, and the sideline is 10 feet, you will have enough room. THE CHAIRMAN: I think he has a good reason for moving closer to the road. 30 feet would be satisfactory on Albo Drive, and 20 feet on G.I. Lane. If there are no objections and no one wishes to speak against this application will Mr. Bergen please make a motion? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to reduce the average front yard setback of 35 feet, to 20 feet. The Board finds that the applicant has an odd-shaped lot sloping uniformly to the ncSth and that this slope is an unusual topographical hardship. Southold Town Board of Appeals -5- April 4, 1968 The Board finds that strict application of the Ordinance will produce practical difficulties and unnecessary hardship; the hardship created would be unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Francais J. Van Manen be granted permission to reduce the average front yard setback of 35 feet to 30 feet off Albo Drive, on the immediate lot west of G.I. Lane, Laurel, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Hulse. PUBLIC HEARING: Appeal No. 1171 - 8:00 P.M. (E.S.T.), upon application of Lido Construction Corp., 382 Rosevale Avenue, Ronkonkoma, New York, a/c Elias Larocca, 1571-67th Street, Brooklyn, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permission to build with a reduced setback. Location of property: south side Bayview Road and private road (Elizabeth Lane), Bayview, Southold, New York, bounded north by Bayview Road, east by Camardella-Boggiano, south by Arthur Marini, west by Robert J. Kolyer. Fee paid $5.00. The Chairman 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. (Two men enter and indentify themselves as Ronald M. Larocca, attorney, and Elias LarOcca , his brother.) THE CHAIRMAN: What is the name on this application? MR. R. LAR0CCA: Robert Misch. MR. GRIGONIS: Robert Misch is the builder? i~R. E. LAROCCA: Yes, he is connected with construction by Lido Corp. Southold Town Board of Appeals -6- April 4, 1968 THE CHAIRMAN: Is the~e any person present who wishes to speak for this application? MR. R. LAROCCA: We are not aware of what the problem is. The builder hasn't been able to tell us that. THE CHAIRMAN: The minimum size of a building lot in the Town of Southold is 12,500 sq. feet, and you may put the res- idence 35 feet back from the front yard in which is not necess- arily what you consider the front yard, it is related to public access to the property, so in this case it is Bayview Avenue. MR. R. LAROCCA: We are on Baywiew Avenue, but we are well back on a private road. THE CHAIRMAN: there ? Then you have a private road that runs in MR. R. LAROCCA: Elizabeth Lane seems to be the problem. We have a plan here. Will this help? THE CHAIRMAN: Elizabeth Lane is a public- right-of-way. You are normally required to have a setback of 35 feet on a corner lot. MR. R. LAROCCA: Yes, I understand that. When this whole thing got started, I don't think we were aware of the require- ments. The builder went ahead and made this plan for the house to face the main road at my direction. THOR CHAIRMAN: What is the size of the house? MR. R. LAROCCA: 60 feet by 35 feet. THE CHAIRMAN: It would be better to run a 60 foot house across the lot. MR. E. LAROCCA: I agree. MR. BERGEN: That's right, he can't get too close to the canal. Southold Town Board of Appeals -7- April 4, 1968 THE CHAIRMAN: Not only that, but as I recall, Mr. Terry, you told us that some of this land has disappeared which makes it a little different. MR. E. LAROCCA: It is being bulkheaded. THE CHAIRMAN: What is this line, next to the right-of-way? MR. E. LAROCCA: This is the property line to the next lot. The 15 foot was put in as a side line when I was talking to the builder. What I did was turned the house the other way. This gives me another 10 feet here. I would like to do it this way. THE CHAIRMAN: It might be better to use the broadest place on the lot. You would be farther from the road. MR. E. LAROCCA: Yes, but my wife likes to have the big area in the back instead of the front. The biggest area is toward the main road, so I would like the house closer to that. This is the property line over the right-of-way. If I stay 35 feet from this property line , will that be okay? THE CHAIRMAN: That will be fine. I think that this application should be granted on the conditions that the applicant builds his house at least 35 feet from the west property line and at least 35 feet from Bayview Road, and at least 10 feet from the easterly property. After investigation and inspection the Board dinds that the applicant requests permission to build with a reduced setback. He has a corner lot on Bayview Road and Elizabeth Lane, ( a private right-of-Way). The Board finds that it would be impossible as this would put him in the canal. The Board finds that strict application of the Ordinance will produce practical difficulties and unnecessary hardship; the hardship created would be unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Elias Larocca be granted permission to build $outhold Town Board of Appeals -8- April 4, 1968 with a reduced setback. Location of property: south side Bayview Road and private road (Elizabeth Lane) , Southold New York. This permission is granted subject to the following condition: The applicant must build his house at least 35 feet from Bayview Road, and at least 35 feet from the west property line, and at least 10 feet from the easterly property. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Hulse. Southold Town Board of Appeals -9- April 4, 1968 PUBLIC HEARING: Appeal no. 1172 - 8:15 P.M. (E.S.T.), upon application of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1000A, for permission to renew a farm labor permit granted on April 13, 1967. Location of property: south side Main Road, Orient, New York, bounded north by Main Road, east by S, Koroleski, and R.& H. Latham, south by Long Beach Bay, west by M_rs. E.W. Latham Est. Fee paid $5.00. The Chairman opened the hearing by reading the 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: What is the size of the proposed buildings? MR. TERRY: They will be about the same size as the others. One is 12 feet by 16 feet and the others are 10 feet by 12 feet. MR. BERGEN: Is he applying because of a change in the existing Board of Health rules? MR. TERRY: Yes, the Board of Health has increased the floor space required for each person. MR. GRIGONIS: How many buildings does he have now? MR. TERRY: He has three(3) buildings now. They are about 300 to 400 feet from the Main Road. He has side lines on both the west and the south. THE CHAIRMAN: Since there is no increase in the number of men to be housed, I'll offer a resolution that this application be granted as applied for on the condition that neither of the two proposed buildings be located closer than 10 feet to side lines. Is there anyone present that wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -10- April 4, 1968 After investigation and inspection the Board finds that the applicant operates an existing labor camp and in renewing his permit for the coming year, is required by Board of Health rules to increase the available floor space per man. In orde~ to do this, it will be necessary to build two additional small buildings near the present buildings several hundred feet off the Main Road near Orient Point. The Board finds that this camp has been operated satisfactorily for the past year. The Board finds that the proposed space expansion will not be a numerical expansion of workers housed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Lloyd Terry be granted permission to renew his farm labor permit for the coming year. Location of property: south side Main Road, Orient, New York. He will be granted per- mission to build on the condition that neither of the two buildings be located closer than 10 feet to side lines. Vote of the Board: Grigonis, Mr. Hulse. Ayes: Mr. Gillispie, Mr. Bergen, Mr. Appeal No. 1165, Armando Cappa, Main Road, Southold, New York was discussed. At the last hearing, the size of the sign was not available. THE CHA/RMAN: I'll offer a resolution that the 46 inch square sign be approved. After investigation and inspection the Board finds that the applicant requests permission to erect a sign on the west side of his restraunt building. There is insufficient room to set a ground sign with five foot required setback. The sign will be 46 inches square, and there is presently one on the east side of the building. The total area of these two signs will not exceed the permitted area of a full sized ground sign, if it were possible to install one on these premises and have it visible. The Board finds that this sign is in the interest of the traveling public. Southold Town Board of Appeals -11- April 4, 1968 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Armando Cappa, Main Road, Southold, New York, be granted permission to erect a second ground sign in the side yard area, as applied for. Location of property: south side Main Road, Southold, New York. This permission is subject to the following conditions: 1. The applicant shall not erect a ground sign in the front yard area. 2. The sign shall be granted for a period of one year, renewable annually upon written application to the Board of Appeals. 3. The sign shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it applies to signs. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Hulse. Mrs. Stair and Mrs. Fogarty appeared before the Board for an informal discussion regarding the Polaschock case. The Chairman read the action of the Board on the original application for the garage; and the minutes concerning the hearing. Respectfully Yours, Folts, Secretary Protem Southold Town Board of Appeals