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HomeMy WebLinkAboutZBA-10/03/1968 MINUTES SOUTHOLD TOWN BOARD OF APPEALS October 3, 1968 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, October 3~ 1968~ at the Town Office, M~ain Road~ Sonthold~ New York. There were present: Messrs: Robert W. Gillispie, Jr.~ Chairman; Robert Bergen~ Fred Hulse, Jr.~ Charles Grigonis~Jr.~ Serge Doyen~ Jr. PUBLIC HEARING: Appeal No. 1204 ~ 7:30 P.M.(E,D.S.T.), Upon application of Beatrice M. Wasson and Irving F~%hn, d/b/a Rollingwood Estat~s~ Peconic Bay Blvd., La~xel, New York, for approval of access to private road in acoordanoe with the State Of New York Town Law~ Section 280A. Location of property; private road off north side of Peconic Bay Blvd., Laurel~ New York~ bounded north~ A. Wilcenski~ east by H. Romanowski-Vaupel, south by Peconic Bay Blvd., west by G. &. T. Diachun. Fee paid $$.00. The Chairman opened the hearing by reading the application for recognition of access~ legal notice of helring, affidavit attesting to its publication in the official newspaper~ and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (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 ~oard finds that the applicants request approval of access in accordance with the New York State Law, Section 280A. The property which this road is to serve has been given approval by the Southold Town Planning Board as a minor subdivision. In order to obtain building permits to build houses on t~s property approval ~f access is needed from the Southold Town Board ~f Appeals. The road has been approved and improved according to the Southold Town Planning Board road specifications. Southold Town Board of Appeals -2- Oct~ober 3~ 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. Bergen~ seconded by Mr. Hulse, it was RESOLVED that Beatrice M~ Wasson and Irking ~ahn~ d/b/a RollinGwood Estates~ Peconic Bay Blvd.~ Laurel, New York, be Granted approval of access to private road in accordance with the State of New York Town Law~ Section 280 A, as applied for. Location ofproperty: private road off n~rth side of Peconic Bay Blvd., Laurel, New York. Vote of the Board: Ayes:- Mr, Gillispie~ Mr. Bergen~ Mr. Hulse~ Mr. Grigonis~ Mr. Doyen. PUBLIC HEARING: Appeal No. 1205 - 7:45 P.M.(E,O.S.T.), Upon application of We Corey and Elizabeth T. Albertson, Wells Avenue, Southold, New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Secti~ 303~ Article III~ Section and Article X, Section iO00A~ for permission to divide property with reduced ~rontaGe. Location of property: south side Wells Avenue, Southold, New York~ bounded north by ~lls Avenue~ east by Gradowski~ south by Jockey Creek, west by R.H. Hotham. Fee paid 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. The Board viewed a survey of the property in question. THE CHAIEMAN: As I understand this~ you want to retain i00 feet for yourself and sell 80 feet. ~. ALBERTSON: That is correct. T~ CHAIRMAN: The only thing we usually do in this type of situation is to i~pose a condition that anyone building on the lot with 80 foot fron~e would not be granted a side yard variance. The house would have to be 10 feet from one side line and 15 feet from the other side line. If they have an 80 foot lot, that gives them S5 feet to build the house on. I might suggest that you split the lot right down the middle. Th~..i way you will be taxed for 100 feet. If that is the way you want it~ there is no objection. MRS. ALBERTSON: That is the way we want it, TRE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -3- October 3, 1968 After investigation and inspection the Board finds that the applicant requests perm/ssion to divide property leaving a lot with less than 100 foot frontage. Said lot would have a frontage of 80 feet, and the weste~y parcel would have a frontage of 100 feet. The area of the lot having 80 foot frontage wouAd have sufficient area to meet the requirements of the Southold Town BuildinG Zone Ordinance. The Board finds that other lots in the immediate area range in frontage from 80 feet to 100 feet, therefore this division would not change the character af the area. In general, the Boaxd is in agree~nt with the reasoninG Of the applicant, The Board finds that strict application of tke Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the {mmediate vicinity Of this property and in the same use district; and the variance does observe the spixit of the Ordinance and will not change the character of the district. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED W. Corey and Elizabeth T. Albertson, Wells Avenue, Southold,New York, be granted permission to divide property as applied for, subject to the following condition: The lot to the east having 80 foot frontage shall at no time, now or in the future be granted a side yard variance for any house built thereon. Location of property: south side Wells Avenue, Southold, New York. Vote of the Board: Ayes:- M~.~Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis, Mr. Doyen. PUBLIC H~ARING: Appeal No. 1208 - 8:00 P.M.(B.D.S.~), Upon application of A. Reilly & Sons, Inc., Mattituck, New York, a/c James A. and Rose Carleo, Park Avenue~ Mattituck, New York, for a variance in accordance with the Zoning O~inance, Article III, Section 303, a/id Article X, Section 1000A~ for permission to divide lot with reduced area and build new one family dwellinG. Location of property: south side Park Avenue, Mat~uck, New York~ bounded north by Park Avenue, east by Daniel O'Connell, south by Peconic Bay, west by M Laurino. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance~ 1~1 notice of hearing, affidavit attesting to its publication in the Official newspaper, and notice to the applicant. THE CHAIRMAN: The survey indicates that the applican%'s property is approximately 50 feet wide on Park Avenue and that the depth is approximately 606.5 feet on the easterly property llne and 593.5 feet on the westerly property line. The total area is approximately 30~000 square feet. The survey is dated November 1, 1951. The notice Of disapproval Given to A. Reilly & Sons, Inc., states the total area of the parcel is %undersized for three dwellings, altho proposed lot has enough area to build, Article III, Section 303, and Article X, Section iO00Ao I would be 91ad to.hear from anyone who wishes to speak in favor of this application. · Southold Town Board o~peals -4- OOutober 3, 1968 NORMAN REILLY: The original idea of the owner was to add onto the big house. THE CF~I~V~uN: Would you identify what you mean by the big house. This survey shows only one house located by the M~. REILLY: That is the big house. It would m~e such a long home we decided to break into three parcels and build a small house on the middle parcel. THE CHAIRMAN: What is the purpose of building another house on the property? MR. REILLY: For use by the family. They thought it would be better to bu/ld a separate home. THE CHAIRMAN: Why was the house near the road built? MR. REILLY: Presu~ably for the same reason. THE CHAIRMAN: It was built for relatives. They now propose to have two houses for the relations on ~e lot? MR. REILLY: Yes. It is for the daughter and son so that they don~t have to s~ay with them. There is nothing on either side of this property. THE CHAIRMAN: That doe,ntt mean that the property on both sides will always be vacant. N~o REILLY: At the present time it is vacant. T~E CHAIPJ~AN: Are there any questions the Board would like to ask Mr. Reilly? MR. ~RG~N: You say that these~ are f~r the family. I know for a fact t~t they have been rented until this year~ one wasn't rented. MR, REILLY: This I dontt know. They contacted us to start proceedings. They ~sked us to build and we can here for the application. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? JOHN McNULTY~ SQ: I would like to inquire of Mr. Reilly when the first house was built. The one on the road? MR. REILLY: Quite awhile ago. THE CHAIRMAN: I understand it was prior to the Zoning Ordinance. MR. REILLY: It was, it was quite awhile ago. THE CHAIRMAN: Are thez~any other questions? (There was no response.) Southold Town Board ~f Appeals -5- October 3, 1968 THE CHAIPJ~AN: Is there anyone present who wishes to speak against this application? JC~N McNULTY, ESQ.: Mr. Chairman~ i repres~t Mr. O'Connell. I would like to point out to the Board that the owner of this property is using the property and has two ,w~llings on it. (Mr. McNulty referred to a lm~ which said in essence that if a person is making full and complete use ef his property there is no unique or difficult property hardship) We have no practical difficulty. The owner is making full add complete use of his propertye What he is asking the Board to do is vary the Ordi/aance to l{m{t the area for the third house, The applicant is ask/n9 for a variance under Section 1000A to build these dwellings on separate parcels in the future. THE CHAIRMAN: In order to divide this property we would need approval of access. The neighbor has the identical situation. Presumably the right of way would be down the center ~ne · These two houses would establish the front yard setback from the right of way, ~. McNULTY: Mr. O~onnell is here tonight as are several neighbors. At this time I have nothing f~ther to say~ but would like to reserve my right for future comments. THE CHAIRMAN: What is the hardship? The application states there are no houses on either side of the proposed new dwelling. That is neither here noX there. Continuing with the application is say the lot is about fifty feet wide and each lot will be somewhat undersize as to the area~ but will be spaced quite far apart len9htwise. ~his situation was created by the applicant and therefore a self-impos~d hardship, The application state the buildings will be separated by such a large distance there will be no problem with water and sewerage disposal systems. That may be true. ~. McNULTY: Everyone is entitled to the use of their property, It is just when that use becomes too burdensome that there should be a variance. THE CHAIRMAN: These lots would be substandard by today's standards for lot size. Anyone else wish to speak against this application? DANIEL O:CONNELL~ I am owner of the property immediately to the east, I woul~like to point out I am a profeesional engineer qualified to speak on sewage~ water table. As was pointed out there are two houses on this property, You have to have 100 feet difference between wellpoint and cesspoll, It is practically impossible. I can't give him 100 feet on m~ side. This property is going to drain to the lowest point, You should be considerate of the property on the east and west of the applicant. The applicant is producing a hardship on his neighbors~ not on himself, And to state that because I haven't used my property on the east he should be able to use it~ this is absurd. He can't obtain advantage ~o my disadvantage. If you allow this to go on you will change this area into a commercial area, Both houses have been rented every s~gle year. One to Mr. Reinhart~ the other to several people, The Carleo house on Park Avenue has been rented to non-relatives every year~ except this summer, Southold Town ~oard of Apt~als -6- 0~tober 3, 1968 There has been ~n income to Caxleo from the house about 1200 dollars a year. True~ he has two daughters. Now he wants to put a house in the middle for the family, 9et his house back on Park Avenue and rent it. We have to protect the area and community and not let it change from What feet area last residential to business and set up these little bits of property. is to stop Dan O'Connell from doin9 the same thing. I have 100 by 606 feet to the bulkhead. Allyou can do is change.a beautiful into commercial area. That is the last thing that I want and the thin9 the B~ard wants. This is what Carleo wants. THE CHAIRMAN: Anyone else to speak against this application? DONALD SWAHN: My property is west of Laurino. I have ~00 foot frontage. THE CHAIRMAN: How many houses doyou have on your property? MR. SWAHN: We have two houses. THE CHAIRMAN: What do you do with the second house? MR. SwAH~: I rent it to my son and daughter in law. These people are coming in the one house they have up forward, I would suggest that they not rent the house on Park Avenue and use it for the family. To put a house in themiddle to be rented I think is wron9o THE CHAIRMAN: .~nyone else? VERNON STRUB: I am directly to the west of Swahn. I have 72 feet by 650 feet. If we have ex~ra houses in the middle, it is 9oin9 to depreciate the value of my property. That is why I am here, THE CHAIR~[~N: How many houses do you have? MR. STRUB: I have two houses. One is my mother and fa~%hers on Park Avenue, mine is on the bay. My farther lives in the house on Park Avenue, my~;~other is deceased. TP~ CHAI~4AN: Anyone else wish to speak a9ainst this application? MRS. DONALD SWAHN: May I just ask a question. The houses that Carleo and Laurino now own are on the border line. If they should build another house, if this was 9ranted, wouldntt it have to be 10 feet from the line? THE CHAIRMAN: There are certain requirements that are more restrictive than ~hat is here. The front yard setback is normally 35 feet and side yard has to be a total of 25 feet. MRS. O'CONNELL: I would like to say something about the garbagee We have so many cars down there that the man cantt 9et down to the 9arba9e. He comes in our driveway and walks across to get the garage. MR. O'CONNELL: During the suz~aer there will be plenty of garbage and plen~of people in there. There are a large number of relatives. During the summer there are 15 9r 20 cars comin~ in there on one week-end and ~-f they put two more houses in there, there will be more. $outhold Town Board c~$peals -7- Otober 3, 1968 l'4R, OtCONNELL (conft) You will have more garbage on the street. This is very serious. The Chairman reported there were telegrams of objections from Elizabeth Smedley, Mrs. J, Stanley Parkln~ Mr. and Mrs. R. C, Kopf. The location of these persons property was established, THE CHAIRMAN: Is there anyone else who wishes to speak for or against this application? (There was no repponse,) THE CHAIRMAN: Are there any questions or statements that you would.like to make Mr, Rielly? MR. REILLY: Many of the peopJe in this area have rented homes. I don't see any objection to it, I cantt say what they are going to do with this house. As far as I know it is for the family, These fellows have been renting houses through the years. It isn't anyt~in9 ~. O'CONNELL: I would like to point out this isn't a question of taking real property and nsin9 it for the f~mily. It is a question of taking real property and using it as rental, MR. McNULTY: The zonin9 classification in this area is residential, not commercial~?c~y are making adequate residential use of the property now. They are also mmking comm~ercial use of the dwelling on the road now. They should not be granted this variance, THE CHAIRMAN: Anyone else wish to be heard one way or the other on this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to divide a lot with reduced f~xea and build a new one family dwelling. The Board finds there are already two dwellings on the applicant's property, which is approximately 50 feet by 606 feet; approximate area is 30,000 square feet. The Zoning Law requires 12,500 square feet of property for eachdwelling. The area would be less than the minimum required. for three dwellings. The Board finds no valid unique or difficult hardship is existing. The granting of the requrested variance would depreciate property values~ create an overcrowding ~f land~ and aggravate the ~oblem of fresh water sup~ and sewerage disposal, The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and will change the character of the district, Southold Town Board of ~als -8- 1968 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED A. Reilly & Sons, Inc., Mattituck, New York, a/c James A. and Rose Carleo, Park Avenue, Mattituck, New Y~k, be DENIED per- mission to divide lot w~th reduced area and build new one dwellinG as applied for. Locatlonof property: south side Park Avneu, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, Mr. Doyen. J~HN McNULTY, ESQ.: On behalf ~f the opposition, I would like to make a motion that the Board consider all of the comments and remarks of this hearing and they be made part of the record of the hearing of Laurino. THE CHAIRMAN: The Board will consider you motion. PUBLIC HEARING: Appeal No. 1209 - 8:30 P.M.(E.D.S.T.), Upon application of George W. Smith & Sons, Inc., Southold, New York, a/c Raymond Melhado, 20 Wendell Street, Hempstead, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 306, for permission to build a new one family dwellinG with reduced front yard setback on lot with less than 12,500 square feet of area. Location of property: corner of ~nny's Road and Wesland Road, Southold, New York, bounded north by Ruth Gibson, east by Helen White, south by ~land Road, west by B~nnG's Roade Fee ppid $5.00. The Chairm~n 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. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? DANIEL T. SMITH: This ma~ never had a title search. His deed called for 100 feet. When I went to lay the house out it looked llke we were GettinG pretty close to the neighbor on the north. We got a ~ur~ey of the property and he only had 91 1/2 feet. In 1950 wh~ the Town took over the road, they took 8 1/2 feet from each si6~. THE CHAIRMAN: What is the depth of the property? MR. SMITH: 125 feet. THE CHAIRMAN: The lot was originally 100 feet by 125 feet. It is now 90 1/2 feet by 125 feet. Southold Town Boar~J of Appeals -9- Ocotber 3, 1968 MR. BERGEN: Th~'. fact that the house is set back 48 feet from Kenny~s Road, the ~-,in highway, it won% obstruct vision going around that corner. THE CHAIRMAN: You have 25 feet from Wesland Road, which gives plenty ~f visibility. Are there any other questions for Mr. smith? (There was no response.) THE CHAIRMAN: ]'s there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the application requests permissic~ to build new one family dwellin9 with reduced front yard setback on lot with less than 12,500 square feet. The Board finds this situation was created by the Town taking part of the property involved for a Town Road. The lot in question was original~ 100 feet by 125 feet. It is now 9~ 1/2 feet by 125 feet. Th~ Board finds there will not be a problem of traffic visibility in view ~f the fact the house will be set back 48 feet by ~n~y's Road~ the major Of the two highways~ and 25 feet from Wesland Road. In general, the Board is in agreement with the reasoning of the applicant. 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 p~operties alike in the immediate vicinity of this property and in the same use district; and the v~=iance does observe the spirit of the Ordinance and will not change the character of the district. On m~ion by Mr. Gillispie, seconded by Mr, Bergen, it was RESOLVED George W. Smith & Sons, Inc.~ Southold, New Yorkw a/c Raymond Melhado, 20 Wendell Street, Hempstead, New York, be granted permission to build new one family dwelling with reduced front yard setback on a lot with less than 12,500 square feet~ as applied for. Location of property: corner of ~enny's Road and Wesland Road, Southold, New York. Vote of the ~rd: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Grigonis, Mr. Doyen. Southold Town Board o~peal~ -10- October 3, 1968 PUBLIC HEARIN~t Appeal No. 1208 - 9:00 P.Mo(E.D.S.T.), Upon application of Mrs. Raymond Edwards, Sr., Hedge Street, Fishers Island~ New York, for a special exception in accordance ~ith the Zoning Ordinance, Article III, Section 300, Subsection 5 (c), for permission to erect two family dwelling on lot with less than required frontage and area. Location of property: private right of way, Fishers Island, New York, bounded north by Harry Hurlburt, and another, east by private road, south by private road, west by West Harbor. Fee paid $5.00. The ChaPman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication, and notice to the applicant. ~o DOYEN: This woman is elderly and she~ ne~ds this for her help that cares for her. (The Board briefly discussed the application) THB CHAIRMAN: Is there anyone present who wishes %o speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permiss~ n to construct a two family dwel~ng with insufficient area. The Board finds that the property involved has a frontage llne of 102 feet and an area of approximately 21,420 square feet. The dwelling is proposed to have separate kitchen and dining facilities for companion housekeeper or caretaker personnel. A condition of granting this variance shall be that this permission shall not be construed to allow the occupancy of this house by more than one family in the future, if and when the ~x~ ownership of the premises is changed. The Board finds that the public convenience and welfare and justice will be serv~dand the legally established or permit%ed use of ~ neibh~orhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the 0rdinance will be observed. On motion by M r. Gillispie, seconded by Mr. Doyen, it was R~SOLVED Mrs. Raymond Edwards, Sr., Henge Street, Fishers Island; New York, ~e granted permission to construct a dwelling to have separate kitchen and dining facilities for companion housekeeper and caretaker personnel. T~s permission is subject to the above condition. Loca%ion of property: private right of way, Fishers Island, New York. Vote of the ~oard:'Ayes:- Mr. Oillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis, Mr. Doyen. Southold Town Board ~f Appeals -11- ~tober 3, 1968 PUBLIC H~ARING: Appeal No. 1210 - 9:15 P.M.(E,D.S.T.), Upon application of Ernest Radford, Main Road, Bast Marion, New York, for a~proval ~ access to private road in acoordancewith the State of New York own Law, Section 280A. Location of property: pri~ate road off west Side ~f Bay Avenue~ East Marion, New York, bounded north by Brown, Radford, and Rackett, east by Bay Avenue~ south by Washburn and Marion Lake, west by Wo Brooks Estates. Fee paid The Chairman opened the hearin9 by readin9 the application for recognition of access, legal notice of hearing~ affidavit attestin9 to its publication in the official newspaper, and notice to the application. THE CHAIRMAN: Is there anyone present who wishes to speak for this applicatinn? MR. RADFORD~ Just me. MR. HULSE: How big are the lots in this layout? (Mr. Radofrd presented a map of ~he property showing the layout of the road and thelots) THE CHAIRMAN: This layout has been approved by the Planning Board. HOWARD T~RRY, (Building Inspector): Yes. ~. BBRGEN: Do we have a letter or something from them? HOWARD TERRY: The map is signed by the Chairman of the Planning Board. THE CHAIRF~%N: 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 approval of access in accordance with the New York State Law, Section 280A. The property which this road is to serve has be~n gi~n th? 9p~roval by the Southold Town Planning Beard as a m~nor ~[~subdlvls~on. In order to obtain building permits to build houses on this property approval of access is needed from the Southold Town Board of Appeals. The road has been improved according to the ~uthold Town Planning Board road specifications. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique ~nd would not be shared bF all properties alike ~n the immediate vicinity of Chis property and in the ~ame use district; and the variance does observe the spirit of the Ordinance and will not change the character of the dist~t. SoutholdTown Board of Appeals -12- October 3, 1968 On motion by Mr. Gilllspie, seconded by Mr. Hulse, it was RESOLVED Ernest Radford, Main Road, East Marion, New York, be granted approvsul of access as applied for on property located private road off west side of Bay Avenue, East Marion, New York. Vote of the Board: Ayes!- Mr. Gillispie, Mx. Bergen, Mr. Hulse, Mr. Gri9onis, Mr. Doyen. PUBLIC HEARING: Appeal No. 1207 - Upon application of A. Reilly & Sons, Inc., Mattituck, New York, a/c PeF. Lauxino, Park Avenue, Mattituck, New York, for a variance in accordance with the Zon/ng Ordinance, Article III~ Section 303, and Artlcle X, Section for permission to divide lot with reduced area and building new ~amily dwelling. Location of property: sough side Park Avenue, Mattituck, New York, bounded north by Park Avenue, east by Rose Carl,o, south by Peconic Bay, w~st by Donald Swahn. Fee paid $5.00. The Charim~n opened the hearing by reading the appli~ion for a variance, legal notice ~f hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED: In view of the fact Appeal No. 1207 is identical in character and composition to Appeal No. 1206, James & Rose Carleo, the record of Appeal No. 1206 shall be made a part of the record of Appeal No. 1207, as suggested by John McN~i~, and said record hereby follows: Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigunis, Mr. Doyen. THE CHAIRMAN: The survey indicates that the applicant's property is approximately 50 feet wide on Park Avenue and that the depth of the property is approximately 605.5 feet on the easterly property line and $93.5 feet on.he westerly property line. The total area is approximately 30,000 square fee~ The survey is dated November 1, 1951. The notice of disapproval given to A. Reilly & Sons, Inc., states the total area of the parcel is undersized for three dwellings, altho proposed lot has enough area to bund, Article III~ Section 303, and Article X, Section 1000A. I would be glad to hear from anyone who wishes to speak in favor of this application. Southold Town Board of Appeals -13- October 3~ 1968 NORMAN REILLY: The original idea of the owner was to add onto the big house. THE CHAIRMAN: Would you identify what you mean by the big house. This survey shows only one house located by the bay. ~. REILLY: That is the big house. It would make such a long home we decided to break into three parcels and build a small house on the middle parcel. THE CHAIRMAN: What is the purpose of building another house on the property? MR. REILLY: For use by the family. They thougt it would be better to build a separate home. THE CHAIRMAN: Why was the house near the road built? MR. REILLY: Presumably for the same reason. THE CHAIRMAN: It was built lo,relatives. They now propose to have two houses for the relations OhS one lot? MR. REILLY: Yes. It is for the daughter and son so that they don't have to stay with them. There is nothing on either side of this property. THE CHAIRMAN: That doesn't mean that the property on both sides will always be vacant. MR. REILLY: At the present time it is vacant. THE CHAIRMAN: Are there any questions the Board would liek to ask Mr. Reilly? 5~. BERGEN: You say that these are for the family. I know for a fact that they havebeen rented~ until this year, one wasn't rented. MR. REILLY: This I don't know. They contacted us to start proceedings. The~ asked us to build and we came here for the application. THE CHAIRMAN'Js there anyone else who wishes to speak£or this application? J~AN McNultyt Esq.; I would like to inquire of Mr. Reilly when the first house was built. The one on the road? ~. REILLY: Quite awhile ago. THE CHAIRMAN: I understand it was prior to the zoning Ordinance. bR. REILLY: It was~ it was quite awhile ago. THE CHAIRMAN: Are there any other questions? (There Was no response.) SoutholdTown Board o~Appeals -14- October 3, 1968 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? JOHN McNULTY~ ESQ.: Mr. Chairman, I represent Mr. O~Corunell. I would like to point out to the Board that the owner of this property is using the property and has two dwell/rigs on it. (Mr. McNulty referred to a law which said in essence i~ a person is making full and complete use of his property there is no Unique or dlfficutlt hardship). We have no practical difficulty. The owner is makin9 full and complete use of his property. What he is asking the Board to do is vay the Ordinance to limit the area for the third house. The applicant is askinG for a variance under Section 10OOA to build these dwellings on separate parcels in the future. THE CHAIRMAN: In order to divide this property we would need approval of access. The neighbor has the identical situation. Presumably the right of way would be down the center line. These two houses would establish the front yard setback from the right of way. ~R. McNulty :~r. O'Connell is here tonight as are several neighbors. At this time I have nothing further to say~ but would like to reserve my right for future comments. THE CHAIRMAN: What is the hardship? The application states there are no houses on either side of the proposed new dwelling. That is neither here nor there. Continuin9 with the application it says the lot is about fifty feet wide amd each lot will be somewhat underszie as to the area~ but will be spaced quite far apart lenGhtwise. This situation was created by the applicant and therefore a self-lmposed hardship. T~ application states the buildings will be separated by such a large distance there will be no problem with water and sewerage disposal systems. This may be trme. 5~. McNULTY: Everyone is entitled to the use of their property. It is just when that use becomes too burdensome that there should be a variance. THE CHAIRMAN: These lots would be substandard by today's standards for lot size. Anyone else wish to speak against this application? DANIEL O'CO~LL: I am owner of the property immediate to the east. I.would like to point out I am a professional engineer qualified to speak on sewerage~ water table. As was pointed out there are two houses on this property. You have to have 100 feet difference between well point and cesspools. It is practically impossible. I can't give him 100 feet on my side. This property is Going to drain to the lowest point. You should be considerate of the property on the east and west of the applicant. The applicant is producing a hardship on his neigh- bors~ not on himself. $~d to state that because I haven't used my property on the east~ he should be a01e to use itv this is absurd. Ne can't obtain advantage to my disadvantage. If you allow this to go on you will change this area into a commercial area. Both houses have been rented every single year. O~e to 5~. Reinhart~ the other to several people. The Carleo huuse on Park Avenue has been reHted to non-relatives every year, except this summer. There has been an income to Carleo from the house about 1200 dollars a year. True, he has two daughters. Now he wants to put a house in the middle for the family, Get his house back on Park Avenue and rent it. We have to Southold Town Board o*ppeals -16- October 3~ 1968 protect the area and community and not let it change from residential to business and set up these little bits of property. P~at is to stop Dan OtConnell from doing the same thing. I have 100 feet by ~06 feet to the bulkhead. All you can do is change a beautiful ~rea into a com- mercial area. This is the last thing that I want and the last thing the B~ard wants, This is what Carleo wants. THE CHAIRMAN: Anyone else to speak against this application? DONALD SWA~{N: My property is west of Laurino. I have 100 foot frontage, THE CHAIRMAN: How many houses do you have on your property? MR, SWAHN: We have two houses. THE CHAIRMAN: What do you do with the sex)nd house? MR. SWAHN: I rent it to my son and daug~er in law. These people are coming in the one house they ha~e up forward. I would suggest that they do not rent the house on Park Avenue and use it for the family. To put a house in the middle to be rented~ I think is wrong. T~E CHAIRMAN: Anyone else? VERNON STRUB: I am directly to the west of Swab_n. I have 72 feet by 650 feet. If we have extra houses in the middle, it is going to deprectiate the value of my property. That is why I am here. THE CHAIRMAN: How many houses do you have? MR. STRUB: I have two houses, One is my mother anclfathers on Park Avenue~ mine is on the bay. My father lives in the house on Park A~enue. My mother is deceased, THE CHAIRMAN: Anyone else wish to speak against this application? 5~S. DONALD SWAHN: May I just ask a question. The houses that Carleo and Laurino now own are on the border line. If they should build another house, if this was granted~ wouldn't it have to be 10 feet from the l~e? THE CHAIRMAN: There are certain requirements that are more restrictive that wahat is here. The front yard setback is normally 35 feet and side~ yard has to be a total of 25 feet, MRS. O'Connell: I would like to say something abuut the garbage. We have so many c~rs down there that they man can't get down to the garbage. He comes in our driveway and walks across to get the garbage. ~q. O'CONNELL: During the summer there will be plen~of garbage and plenty ofpeople in there. There are a large number of relatives. D~ring the sunnier there are 15 To 20 cars coming in there on one week-end and if they put two more houses in there, there will be more, You will have more garbage on the street. This is very serious. Southold Town Board O Appeals -17- October 3, 1968 (The Chairman reported there were telegrams of objection from Elizabeth Smedley, ~rs. J. Stanley Parkin, Mr. & Mrs. R. C. Nouf. The location of these persons property was established.) THE CHAIPJ~AN: Is there anyone else who wishes to speak for or against this application? (There was no response,) ~HB CHAIRMAN: Are there any questions or statements that you would like to make Mr. Reilly? MR. REILLY: Many of these people in this area have rented homes. I don't seenany objection to it. I can't say what they are going to do with this house. As far as I know it is for the family. These fellows have been renting houses through the years. It isn't anything N~. O~CONNELL: I would like to point out this/sn't a question of taking real property and using it for the family. It is a question of taking real property and using it as rental. MR. McNULTY: The zoning classification in this area is residential~ not commercial. They are making adequate residential use of the property now. They are also making commercial use of the dwelling on the road now. They ~hould not be granted this variance. THE CHAIRMAN: Anyone else wish to be heard one way or therother on this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to divide a lot with reduced area and build a new one family dwelling. The Board finds there are already two dwellings on the applican%%s property~ which is appro~mately 50 feet by 606 feet; approximate area is 30,000 square feet. The zoning law requires 12,500 square feet of property for each dwelling. The area would be less than the minimum required, for three dwellings. The Boardfinds no valid unique or difficult hardshi~ is existing. The granting of the requrested variance would depreciate property values~ create an overcrowding of land. and aggravate the problem of fresh water supply and sewerage disposal. The Board finds that strict application of the Ordinance will not produce pract~l difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; amd the variance does not observe the spirit of the Ordinance and will change the character~ the district. Southold Town Boar~of Appeals -18- October 3, 1968 motion by ~r. Gillispie, seconded by Mr. Bergen, it was RESOLVED A. Reilly & Sons, Inc., Mattituck, New York, a/c P.F. Laurino, Park Avenue, Matituck, ~w York, be DENIED pe~ission to divide lot with reduced area and build new one fam/ly dwelling thereon. Location of property: south side Park A~enue, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. BerGen, Mr. Hulse, Mr. G~i~onis, Mr. Doyen. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated September 19~ 1968 be approved as submiSted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis, Mr. Doyen. The Board discussed Appeal No. 1197 - 1198 - 1199, Suffolk Outdoor Advertislng, Inc. A meeting will be held sometime durin9 the week ending October 11, 1968~ to be held at the call of the Chairman, to make a decision on the above mentioned appeals. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the SoutholdTown Beard of Appeals set 7:30 Thursday, October 17, 1968, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Jack Rocheele, 244-55 61st Avenue, Douglaston, New York, for a variance in accordance with the Zoning Ordinance, Article III,Section 303, and Article X, Section 1000A, for permission to divide lot with less than required frontage and area. Location of property: east side SiGsbee Road, Mat~uck, New York, bounded north by M. Abitz~ east by J. Abitz, sout~by J. Dunne, west by Sigsbee Road. Vo~e of the ~ard: Ayes: - ALL On motion ~tr. Hulse, seconded by Mr. Grigonis, it was RESOLVED tha~the Southold Town Board of Appeals set 7:45 Thursday, October 17~ 1968, at the Town Office, Main Road, Southold~ New York~ as thetime and place o±' hearing upon application of Joseph Kellett~ 431 Seventh Street~ Carlstadt, New Jersey, and Walter Erickson~ Jr.~ 300 ~. 82nd Street, New Y0rk~ N.Y., for a variance in accord~ee wi%h the Zoning Ordinance, Article III, Section 303~ Artlcle X. Section iO00A, for permission to divide lot with less than required frontage and area. Location of property: east side Mirmehaha Blvd., Southold, New York, boanded north by Catan~ east by Aldrich and ConinGsby~ south by Osseo Avnue~ west by Minnehaha Blvd. Vote af the Board: Ayes:- ALLz Southold Town Board ~f als -19- r 3, 1968 On motion by Mr. Bergen~ seconded by Mr. Grigonis~ it was RESOLVED that the Southold T~n Board of Appeals set 8:lS P.M., Thursday, October 17, 1968~ at the Town Office, Main Road, Sou~hold, New York~ as the time and place ofhearin9 upon application ~f Nicholas Drossos, Main Road~ Greenport, New York, a/d John Drossos, MainRoad Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408A, for permission to erect second ground sign° Location ~f property: north west side Main Road, G~eenport, NewYor~, bounded north bymanor Grove Corp., east by Long Island Lighting Co.~ south by Main Road~ west by A. Drossoso Vote of the Board: Ayes:- ALL The meeting was adjourned at 10:00 P.M. Respectfully submitted, Barbara C. Dittmanns Secretary Southold Town Board of Appeals