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HomeMy WebLinkAboutZBA-07/11/1968 APPEAL BOARD MEMBERS Rober[ ~(/. Gillispie, Jr., Chairman Robert Bergen Charles Grcgonis, Jr. $¢rg¢ Doyen, Jr. Fred Huis¢, Jr. Southold Town Board of Appeals .qOUTHrlLD, L. I., N. Y. Telephone SO 5-2660 III N UTE S SOUTFIOLD TO, TN BOARD OF APPEALS July 11~ 1968 A regular meeting of the Southold To%,~ Board of Appeals ~vas held at 7:30 P.~4., Thursday, July 11, 1968, at the Tolwa O~fice~ I'~ain Road, Southold, New York9 There were present: 14essrs: Robert Gillispie~ Jr., Chairman; Robert Bergen,.Fred Hulse~ Jr.~ Charles Cxrigonis, Jr. Absent: ~-~. Serge Doyen, Jr. PUBLIC t~ARING: Appeal No. 1188 - 7:30 P.5I.(E.D.S.T.)~ Upon application of Helen H~ulis, Bay Avenue~ East ~Larion, New York~ for a special exception in accordance with the Zoning Ordinance, ~ticle III, Section BO0, Subsection 10, fmr permission to erect an off premises ~irectional sign, four feet by four feet. Location of property: land of Cherepowicz at south side of Main Road and east side of Shipyard Lane, East ~rion, New York, bounded north by )~inRoad, ~ast by i4arion 51anor subdivision, south by Jo Rohde and other, west by Shipyard Lane. Fee paid $5.00 The Chairman opened the hearing by readin9 the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper~ and the notice to t he applicant. Southold Tov~ Board ~f Appeals -2- July 11, 1968 THE C~AI~.~N: Is there anyone present who wishes to speak infavor of this application? (There was no response.) TI~E CHAI~J,~: The application is accompanied by a letter of permission from the land owner, dated June 10th: 'K?e the undersigned hereby grant permission to Helen Houlis to erect a 4t x 4' sign on our property 100 feet east of Shipyard Lane and no more than 10 feet south of Route 25. /s/ Joseph Cherepowicz" TP~ CHA~4AN: Is there anyone present to speak for this application? (There was no response.) ~IR. BERC4EN: %~e can't allow this sign as it is. It has to be a directional sign. The sign says nothing about directions on it. TH~ C~L~II~,La~I: There use to be an arrow on the sign ~f I remeber correctly. (The Chairman read the original application of the applicant~ Appeal No. 1044, dated January 12~ 1967) T~{E CPLA~I~.~N: I think the original sign was there before zoning. I4R. HULsE: It has been there many years. (The Chairman read the original action on Appeal No. 104A) THE CP~IR~N: Apparently the sign applied for in this application is a different sign. ~. BER~N: I suggest we hold this application until such time as we can hear from t~e applicant. The applicant is asking for an advertisin9 sign and we can't give advertisin9 signs. TP~ CHAIR[tAN: That's correct. There are no directions on this particular sign. On motion by ~. Bergen, seconded by B~. Hulse, it was RESOLVED that the Southold To~vn Board of Appeals post-pone action on Appeal No. !188, Rhodos Pavillion~ Bay Avenue, East [qarion, New York, until 7:30 P.[4.(E.D.$.T.), Thursday~ July 25, 1968. Vote of the Board: Ayes:- D~. Gillispie,~o Bergen, Mr. Hulse~ Grigonis. .~ Southold Town Board of Appeals -3- July 11, 1968 PUBLIC HEARING: Appeal No. 1189 - 7:45 P.M.(E.D.S.T.), Upon application of Robert and Jean Brendel~ 3635 Camp b~neola Road, b~ttituck, New York, for a variance in accordance with the Zoning Ordinance~ Article III, Section 307, for permission reconstruct an addition to a dwelling with insufficient side yard area. Location of property: south side Right of way off west side of Camp blienola Road, b~tti%uck, New Y~rk, bounded north by right of way, east by ~,h~rjorie F. b~I~then, so~th by Peconic Bay~ west by Luigi Denovellis, Fee paid $S.00. The Chairman opened the hearing by reading the legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CH3~I~L~,~:~ Is there anyone present who wishes to speak for this application? ~· BRENDEL: Ply wife and I are for the application. T~FE CHAL~.U~N: Which member of the family is in a wheel chair? MR, BRENDEL: b;y son. THE C~IRb 'LA/q: Is this a permanent thing? IIR. BRENDEL: Permanent as far as I know. THE C}{AIR[..~N: The dimensions o£ the existing structure is 24~ x 44~. The new structure will be six foot wide with the ramp? htR. BRENBEL: The rmup will be four feet. %Se need a three foot door and one foot on each side of the door. %Je want him to beable to go in and out of the house without any help. %~e have specJ_fications here that recommend one foot on eay~ side of the door. The problem isn't the width. The six feet is on the side of the house, the 12 feet is 9oing back to the chimney. Since we are gdng to build the six fDot, we could use the extra space. ~'~ need the six feet to get on the ramp (~.~. Brendel told the Board what the condition of his son was, that he has brittle bones and is usually in a cast twice a year) I.IR. BRENDEL: I need six feet. I don't really need the twelve feet, but that space would be helpful. TH~ CHAI~t~N: How close is the house now to the side yard. ~. BRENDEL~ About 10 feet. Southold Town Board of Appeals -~- July 11, 196S THE CHAI~: I believe on an undersized lot the building inspector is permitted to reduce the side yard by 5~. This is below 50~, thatts the reason you had to come in here. Is there anyone else present who wishes to speak for this applicat~ n? RICHMOND S, CORWIN: ?re are neither for or against this. I request a postponement on this for Denovellists because they are the most interested party and could not attend because of reasons beyond their control. The ra~lp will be by their back door. b~. BERGEN~ Wen is he going to be out. HR. CO~'JIig: He couldn't make it tonight, I don~t know when he will be out. b~S. CO!I~IN: It was put in the paper so late that nobody could contact him. THE CHAI~'2~: Your son~s name is Gary? Is there a chance that Gary will recover? t[l. BRENDEL: There is a chance when he reaches adolescence when his bones would not be so brittle and he could walk. T}~ Ci-~Ii~.tS.N: He hasn% walked yet? [~. BRENDEL: We had him walking once and he broke two legs. He just got out of a cast two weeks ago. ~e can't get him to use his legs because of the break. One 9god therepy is swimming. This problem isn't dietary? ~t~. B2ENDEL: ?Io, this is something that is a mystery to even the medical people, l(e have a ramp at ;.'est Hempstead and here he is able to go in and out of the house v;ithout asking for help. TI-~ CHAI~La2~: Can you put this ramp in the back yard? ~,~[R. BdENDD:~: ?;e don~t have a back door here. It wouldn't be practical. ','3e have t~vo bedrooms in the back. ~-[e has a side walk that goes from the bulkJ~ead to the lot that he uses. To put anything in the front would block it off. You said that you will be adding a pantry. r~. B22Iq~ZL: Ire don't need the 12 feet. The kitchen is small and we could use the extra space. Southo!d To~vn Board of Appeals -$- July 1i~ 1968 ~.12. CORe,IN: I would like to see what its actually going to be before he says anything. T~ Cf{AIR, LAN: Have you talked to ~r. Oenovellis? ~,i2. BR~NDEL: I have been waiting for him to cone out. I would be glad to talk to him on the telephone. Ti{~ ~}~.I;~[.L~$: T don% think the decision should wait. I think the Eoard should decide whether they %,;ant to grant this. ~5~. E!~EI'~;DL: That one foot is so import~lt in turning. T~ CHAI-~AN: l~%at would be only the entrance. i.R~,. ERE~,~,ZL: That %vould be the ~hole wall. The ra~p will be about four feet wide. TI~ Ci~'~I?JL~,~: The area around the door %rill be six feet wide? [~. ~2E~DEL: It should be six feet %vide~,so that he can open the door, ~.E{. HULS~: %7111 this enclosure be per~anent, even if it is not needed? I,IR. B~E~DEL: It would have to be permanent to look like anything. ?~. COR!TIN: I am going to submit that you should postpone it. I think I have enough to stop it myself, but I don~t wish to do so. '£I~ CP~IiI~$: %7e can not take rules and regulations and ~-,~ake then fit every situation. Iii~. CO2%~lr~ One has the right to appeal and that is all I am asking for here. I would like to ~cn~v what is going on. I would like to see it. TI~ CHkISI~J~: This is a tight situatimn for these people. Iii{. i{L~SU,: Ho~7 far is Denovellis~s house from the lot line? ~.5~. BRJ~FOEL: I don~t knorr. 1%vould say about 10 feet. I ~ sorry we didn't get a change to talk to ~.hr. Denovellis. Ti~ CHD. It~J.I.~,/,I: I t %,~ould be quite contrary to set some precedent for people that can't appear. That's a f~rly conu',lon complaint. The case should be decided on the merits. This should be limited. This will be a permanent structure? South~ld To~m Board of Appeals -6- July 11, 1968 How else could you do it? (~. Brendel showed the Board plans for the addition to the house. These were discussed by I.~. Brende!, ~Ir. Corwin and the entire Board.) ~{. COR~3II$: It could be done on the other side of the House. It could be done easily. T}IE CIL~.IRI~[~2-I: Uhat is on the oth~ side of the house? r,~. ~qENDEL: (Pointing to plans of the house); I have an entrance here and an entrance here, and there is a wall in between. It would block off this walk and this is what my son uses to go to the water and back. T}~ C}U{IPJ. DJ~: %'~at do you mean ~all¢? [.iR. B[~,E~3LL: It is a concrete side walk three feet wide. TH~ CHAI2~,t~N: You have considered this side of the house? ~iR. BREr~DEL: Both doors are less than three feet ~':ide. TH~ CH,%Ii~.kJ, N: I don~t see why you ca~'t put it on this side the house. This mi§hr cost ~ou less. ~.~. BR~I,~EL: This is the most practical~,ay. T~ CI~La. I2~.~: I looks more feasible on this side of the house. Iz strikes me now, it should be on the side where you have room to do it. I can see no other way. i~. BRBI~JL: I would have to install a ramp with this way or this ~ay (Pointing to plans of house), and need six foot square to turn. THi~ Ci~kIR~,D~N: It looks more feasible on this side of the house. Is there anyone else who wishes to be l~ard on this application? (There was no response.) ;~ter investigation and inspection the Board finds that the applicant request permission to construct an addition to an existin9 dv;elling with insufficient side yard area. The house is presently approximately 10 feet from the property line. The Board finds there is more than ample room on the east side of the house to construct the addition desired, and puttin9 the addition here ~ill not cause any unique or difficult hardship. Southold Town Board o;g Appeals -7- July 11, 1968 The Board finds that the hardship involved is a self-created hardship in that the applicant chose to use the narrow side of the lot rather than the wide side of the lot. The reasons for requesting a variance are insufficient. The Board finds that strict application of the Ordinance %~11 not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the i~lediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and would chRnge the character of the district. On motion by r~. Gillispie, seconded by ;~. Bergen, it was RE$OLVY~D that Robert and Jean Brendel, 3635 Camp ~Iineola Road, Mattituck, New Yor~, be DZNIED permission to construct an addition to a ~well~g with insufficient side yard area on property located south side of right of way off west side of Camp ~neola Road, I.~ttituck, ~w York. Vote of the Board: Ayes:- r.~. Gillispie~ L~. Bergen, ~. Hulse, Grigonis. PUBLIC I~E~RING: Appeal No. 1190 - 8:g0 P.I,I.(E.D.S.T.), Upon application of Robert Pasca~e~ Rabbit Lane, East ~.iarion, New York, for a variance in accordance with the P~onin9 Ordinance, ~rticle III, Section ~07, for permission to construct a private two car garage with insufficient side yard area. Location of property: north side of Rabbit Lane, (private right ~f way), East ~rion, New York, bounded north by [.~rion La/~e, east by Curry, south by Rabbit Lane, west by Crov;ley. Fee paid $5.00 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, ~ffidavit attesting to its publication in the official newspaper, ~id notice tothe applicant TI~ CH;I'~: The building will occupy up to three feet on each side. This is a 25 foot lot held in single and separate ownership. is on both sides of this? [lIi~. P~%,SC;~: Cro~';ley has fifty foot lot, Curran ]las one on other side. He has two b%moalows on a double lot. Ti~ CI~I?Jt~3~: You live across the street from this lot in question? How long have vou lived there? Thirteen years. T.~5-2 CIL~,I~.LqN: %'~%en did you buy this lot? ~.IR. ?~SCA'LF.: L~ year. $outhold To~vn Eoard of Appeals -8- July 11, 196S T~ C}-~I~ID~J~: This garage will be the main structure on the lot. One of the conditions of granting this would be that it could never be used for livinu quarters. Does ~. Curran lcno~v about this? ~!~,. PASCALE: Yes, he wrote you a letter. Tl.~ CI-L~.I2IS~'~: "A75 2abbit Lane, East ~:arion~ N.Y. 11939, June 28, 1968 "Board of Appeals, To~,~n of Southold, ~Iain l{oad, Southold, N.Y. "Gentlemen: 17iTh regard to the application of ~. R.J. Pascale of 2a~bit Lane for a variance to put up a two car garage, 19~ :vide on the 25~ lot adjoining my property on the ~vest, please be advised tha% I have no objection to the granting of this variance. '~ours very truly~ /s/ 2rnest G. Curran." Are there any other Guestions? I~. }{~SE: }Iow lon0 is the building 0gin0 to be? ii2. PASC~-LE: It v;ill be 19 feet wide ~ud 2~ feet long. Tf~ CP~IRi.~N: ;re there any other questions? (There ~vas no response.) ;~ter investigation and inspection the Board finds that the applicant requests permission to construct a two car garage on a separate lot, said lot being 25 feet wide° This lot has been held in single and separate otvnershlp since the enactment of the $outhold Tolvn Building Zone Ordinance. A condition ~f 9ranting this variance is that under no circ%~stances shall this structure be used for residential dwelling. This structure shall be setback the same distance from the road as the structure on the east~ ~'~ is 35 feet from Rabbit Lane. The structure shall be located no closer than three feet from either side line. The Board finds that strict application of the Ordinance ~vill 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 sane use district; an~ the variance does observe the spirit of the Ordinance and will not change the characterof the~trict. Southold Torm Board of Appeals -n- July 11, 196S On motion by LIr. Gillispie, seconded by ?.Ir. I-iulse, it 1vas RESOLVED that Robert ?ascale, Rabbit Lane, East ~.laricn~ York, be granted permission to construct a private two car garage ~vith insufficient side pard area, as applied for, and subject to the conditions set forth above. Location of property: north ~de of R~it Lane (private right of vzay) 2asr ~darion, Ne~'; York. Vote of the Board: Ayes:- I.~. Gillispie~ ~.~. Bergen, r~. I{ulse, I~. Grigonis. On motion by i~. Gillispie~ seconded by R~SOL~D that a decision be made on appeals no 1188~ instead of postponing it until July 25~ 1968, upo~ application of l~odos Pavi~lion, Bay Avenue, East ~zlion, Ne~v York. Vote of the Board: Ayes:- ?~. Gillispie~ [Ir. ~ergen, ~. Hu!se, I~. Grigonis. ;~ter investigation and inspection the Board finds that the applicant requests permission to locate a sign on the property of Joseph Cherepowicz, on the corner of Shipyard Lane and ~iain Road~ Past ~rion, ~ York. Said property o?~er has Given permission for the location of a sign on his property. The Board grants the per_rmission to the applicant to erect a "directional" sign on the property. Said sign is in the interest of the travelling public as it directs to a motel. The size of the sign is four feet by four feet. The Board points out that the applicant must delete from the sign the telephone number, and it %rill be necessary to add to the sign proper directions to reach the Rhodos ~avillion. These changes in the sign m~st be made by August 1, 1968. The sign shall be located at least 100 feet east of Shipyard Lane; and no closer than five feet to 2oute 25, or any other property line. The Board finds that the public convenience and ~lfare and justice %?ill be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or shbstantially injured and the spirit of the Ordinance %rill be observed. On motion by i~. Hulse, seconded by I~. Grigonis, it %vas RT~SOLV~D that l-Ielen l{oulis~ Bay Avenue, Bast Iqarion~ I'~e%~ York, be granted pe~nission to erect a :'directional" sign on the property of Joseph Cherepowlcz, at south side of Idain 2oad and east side of Shipyard Lane, i~ast [~rion, I'~er; York, subject to the conditions set forth above; and further subject to the follo%.;ing conditions: Southold To~'m Board of ~pDeals -lO- July 11, 1968 1. The sign shall be granted for a period of one year, renewable ~a~nually upon written application to the Board of Appeals. 2. The sign shall be ~ubjent to all subjsequent changes in the southold To~ Building Zone Ordinance as it applies to signs. Vote of the Board: Ayes:- ~.k. Gillispie, I~. Bergen, ~. Hulse, Grigonis. On motion by [.~. Gillispie, seconded by iJr. Hulse, it was RiJ$OLV~D that the Sou~hold Tox,m Board of Appeals set 7:30 (E.D.S.T.), Thursday, August 1, 1968, at the Town ~fice, Hain Road~ 3outbold, New York, as the time and placeof hearing upon application I~oly Trinity Parrish, I.~ain Street, Greenport, I-~ew York, for a var~xnce in accord~ce with the ~onin90rdin~ce, ;~ticle III, Section 303, ~d D~ticle ~[, Section IO00A, for permission to divide lot ~d build with less than required frontage and ~ea. Locat~ of Drafty: n~h side Tuckers 7~ne, Southold, New York, bonded north by i~. 2. I,i~weiler~ east by Geor9e F. Erath~ south by Tuckers L~e, west by E i,[ Quarry. Vote of the Board: Z, yes:- I~. Gillispie, r~. BerDen, !.Lt. Hu!se, Grigonis. On motion by Hr. I{ulse, seconded by I~r. Bergen, it was RESOLV?~D ~hat the minutes of the Southold To%.m Board of Appeals, dated June 20, 1968, be approved as amended. Vote of the Board: Ayes:- ~. Gillispie, ~. Bergen, ~!r. Hulse, ~. Grigonis. The meeting was adjourned at 9:30 Respectfully submitted,