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HomeMy WebLinkAboutZBA-03/30/1967Southold Town Board Appeals SOUTHOLD, L. I., N. Telephone SO 5 2660 APPEAL BOARD MEMBERS Robert W. GiHispie, Jr., Cheirman Robert Bergen Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. ~INUTES SOUTHOLD TOWN BOARD OF APPEALS March 30,. 1967 A regular meeting of theSouthold Town Board of Appeals was held at 7:30 P.M~, Thursday, March 30, 1967,. at the Town Office,. Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie~ Jro, Chairman; Robert Bergen, Serge Doyen, Jr. Abss~t: Messrs: Fred Hulse, Jr.~ Charles Grigonis,. Jr. PUBLIC HEARING: Appeal NO. 1074 - 7:30 P.M~'~(E.S.T&), Upon' application of Anne & Joseph Polashock, Third Street,. New Su~nlk~ New York~ for a variance in accordance with the Zoning Ordinance, Article III~ Section 300~ Subsection 6~ for permission to constructan accessory building with insufficient side yard area. Location of property: east'side Third Street~ New Suffolk~ New York~ bounded north byB. Smolenski, east by'Eo'R. Prezioso, south by Wiltiam Ketcham Est.~ west by'Third Street. Fee paid $5.00/ The Chairman opened the hearing by reading the application for a variance, legal n~%ice of hearing~ affidavit attesting to its publication in the official newspaper, andnotice to the applicant. $outhold Town Board of Appeals -2- March 30, 1967 THE CHAIRMAN: Anyone wish to speak for this application? MR. POLASHOCK~ I would like to speak for it. We have two cars in the family. I had a fishing station down there and I used to house a jeep in the garage. The present garage is falling down and thee is alot of junk in it. When I closed the Fishing Station I put alot of stuff in there. It will have to be cleaned up. I would liketto attach it right to the house so I could get both cars in there. THE CHAIRMAn,: You want to put two cars in there? One car behind the other? MR. POLASHOCK: Yes. MR. BERGEN: You want to attach the garage to the house? MR. POLASHOCK: I intended to. MR. BERGEN: A house has to have more of a side line than a detached building. If you attach this garage to the house you would be making it part of the house. We could let you come up as close to the house as possibte~ but don~t attach it to the house. THE CHAIRMAN: I would think you would want~enough room to walk-through there. MR. POAASHOCK: I had intended to put an access door on the south si~eoof the garage. MR. BERGEN: Do you intend to make it n~wrow- to put one vehicle behing the other? MR. POLASHOCK: Yes. THE CHAIRMAN: Howfar is the structure from the back line? MR. POLASHOCK: About eight feet. THE CHAIRMAN: I guess you have enough room. MR. DOYEN: What is the depth of the existing structure? MR. POLASHOCK: Eighteen feet. MR. DOYEN: What will the depth of the new structure be? MR. POLASHOCK: 40 Or 42 feet, something in that area. Southold Town Board of Appeals -3- Mar.ch 30, 1967 THE CHAIRMAN: ~Will you beable to get this in if we allow youa foot from the .line because Smolenski looks like he is right on the line. MR. POLASHOCK: He is across the line. THE CHAIRMAN: If we allow the garage one foot from the north side and one foot from the east side, will that take care of it? MR. POLASHOCK: Yes. THE CHAIRMAN: Is there anyone present who wishes to speak against.this application? (There was no .response. After investigation md inspection the Board finds that the applicant requests permission to construct a private detached garage with insufficient side yard and rear yard area. The BOard finds that the existing garage on the property will be torn down and the proposed garage will replace it. The applicant's lot is a narrow lot'and also undersized. The Board finds, that many homes in the area have similiar situated garages. The Board finds that strict application ofthe Ordinance will produce practical difficulties orunnecessary hardship; the hardship created isvunique and would not be shared by all properties alike in the immediate vicinitylof this property and in the same use d/strict; and the variance does observe the spirit of the_Ordinance and will not change the character of .the district. On motimn by Mro Bergen, seconded by Mr. Gillispie~ it was RESOLVED thatAnne & Joseph Polashock, Thir4~treet, New Suffolk, New York, be granted permission to constructa private detached garage with insufficient side and rear yard area on property located on the east side of Third Street, New Suffolk, New York~ subject to the following conditions: The garage shall be located at least'one foot' ('1') from the northerly'property line; andat least one foot [1:) from the easterly property-line. Vo~e of'the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr.. Doyen. Southold Town Board of Appeals -4- March 30, 1967 PUBLIC ~RARING: ~ppeal No. 1075 - 7:45 P.M.~E.S.T,~, Upon application of Nicholas J. Leonard, 600 Eight Avenue, East Northport, New York, for'a variance in accordance with the Zoning Ordinance, Artilce III, Section 305,~or permission TO RETAINA BUII~ING~WITH INSUFFICIENT front yard setback. Location of property: east side Oakwood Drive, Southold, New York, bounded north by Richard Patty, & Wf., east by Richard Luter, south by Helen Nash, west by'Oa~wood Drive. Fee paid $5.00. The Chairman opened the hearing by'reading the application for a variance, legal n'otice of'hearing, the affidavit attesting to its publication in the official newspaper~ and notice to the applicant. The Chairman read the order to remedy the violation. THE CHAIRMAn,: Is there anyone present who wishes to spa k in favor of this application? MR. LEONARD: I would like to speak for it. I would like to ask one question if I may. Does the front porch constitute part of ~e house? THE ' CHA/~RMASr=~ Yes. MR. LEONARD: The house next door, belonging to Helen Nash measures the same distance if you include the front porch. If that is the case, I am the same distance back as she is. THE CHAIRMAN: Its a question of whether thelporch is enclosed or not. MR. BERGEN: Is there a foundation under it? MR. LEONARD: It is a concrete porch. Itwould make her~ the same distance as mine. Mrs. Jordon was granted a variance some time back and her house~ less than 35 feet back from Oakwood Drive. As I said in the application for the hearing I contacted all of the neighbors. They all think it is a nice house and don~t want to cause any difficulty in moving it, and they don~t object to/t. I have indicated Mrs. JOrdon isn't in line with the other buildings. The gable on my house jets out 4.5 feet and that is in line with Mrs. Nash's porch. THE CHAIRMAN: I want to comment on a couple of your statements. It doesn't matter if all the neighbors are for this or against this. If this was permitted by t hiss. Board Southold Town Board of Appeals -5- March 30~ 1967 that wouldn't influence-the Board. We can't use that for the determination for or against a variance. MR. LEONARD: I thought that people were invited to protest if they wanted to. THE CHA/RMAN: That is the purpose of a public hearing. As Mr. Moses-said once, the p~pose of a public hearing is to elicit information that the Board ~ already aware of. I can't-think of any type of a variance ~ special exception where a vote was taken. There is one situation where a change of zone occurs. If a certain portion of the people object to the change of zone they have some influence. Usually when people object to something they appear in force. This appears to be a situation where the adjoining houses are about 42 feet from the line and I believe your house is 34 feet from the property line. ~35 '5") MR. LEONARD: It is thirty-five point five feet/from the property line. (Mr.. Leonard presented a survey ofthe property, showing the location of the house on the property..) T~E Cf{AIRMAN: In this cas~, where a setback line has been established and your neighbors on eitherside of you have established a setback line which is more than 35 feet, that is a determining factor on where you put your house. I think a case could be made that the average setback ~- exceeds 42 feet. There are some places that are 50 to 60 feet back on that street. There are four houses that are in line at42 feet back from the property line. MR. LEONARD: We measured it. It was 40 feet. We figured we are about 4½ feet to close to the road. That isn't from the main part of the house. The main part of the house is 40 feet back. MR. KASSAY, ~uilder): (Pointing to survey) This is six feet from this point to this point. Six feet two inches to be exact. THE CHAIRMAN: How far'is the main part of the house from the property line2 ~ MR. KASSAY: It is 41 feet from the property line. $o~thold Town Board of Appeals -6- March 30~ 1967 THE CHAIRMAN: These other two houses are 40 feet f~om the property line? MR. KASSAY: That's right. THE CHAIRMAN: Does that roof go all the way out? MR. EASSAY: It goes over the bay window. THE CHAIRMAN: The roof doesn't go over the terrace? MR.~ EASSA¥: No.. THE CHAIRMAN: (pointing to survey) This is fourty one feet back? MR. KASSAY: That's right and the garage is slightly more. MR. BERGEN: (Pointing to sur~ey): From here to here is six feet. The roof is going out the three feet? MR. KASSAY: ~ointing to survey): This woul e house right here. The concrete slab comes out about three feet. THE CHAIRMAn: ,(pointing to survey): The house line will be right like that. Where is the porch? MR. KA~¥: ~That is the proch. MR. LEONARD: The rO~o~Verhangs that, (Mr. Leonard drew on the survey where the ~x~k overhangs. I~ the house was set back 40 feet from THE CHAIRMASI: the property line we could allow an eighteen inch overhang for the roof. Where is the foundation wall? MR.' KASSA¥: It is back where the line of the house is. THE CHAIRMAN: This is a terrace? MR. KA~Y: That is the terrace. THE CHAIRMAN: That is six feet back? MR.' KASSA~: That is correct. Sodthold ToWn Boarder Appeals -7- March 30, 1967 THE'CHAIRMAN: The only portion that exceeds the setback line is this 4½ feet p~jection? MR.~ KASSAY: That is correct. THE CHAIRMAN: The setback line you are working with is not 35 feet. (The chairman read the setback provision from the zoning ordinance.) There is no way this Board could grat a variance in this situation. There is no topography hardship here. There is no unusual~or unique hardship. T~e law has never'permitted a variance for a self imposed hardship such as this is. If that were so, the Ordinance woutd fall apart. MR. LEONARD: What about the other lot on the corner? THE CHAIRMAN: That was a corner lot. (The Chairman read from the minutes of January 5, 1961, in regard to the case of Jordon, Appeal NO. 337 ) THE CHAIRMAN: I don't know how far from the street that house is. MR. LEONARD: ~It is about'25 feet. The lot is at least 100 feet on Pine Neck Road. THE CHAIRMAN: A corner lot situation is somewhat different from ~eurs. This lot is 100 feet by 150,fee~. I don'.t see any other, way out of it, Mr. Leonard, you will have to reduce that projection by four and one half feet. MR~ LEONARD: ~is can't be' moved without moving the house. I think that would De more det~rimental to the neighborhoodthan it is now. THE CHAIRMAN: That may be true, however it is possible to move thehouse. MR. LEOA~RD: This will detract~from the design of the house. THE CHA~: Thatis unfortunate, however, we are not concerned with that. We are concerned with a variance to the Zoning Ordinance. The point has been made occassiQnaly that the house is incorrectly located. It is not our position to $outhold Town Board of Appeals -8- March 30, 1967 locate the house, nor is it the Building Inspectors. The only' thing I could tell you'is this Board would not be willing to grant a variance on this situation. There is no grounds for it. This is a self imposed hardship. There is no basis on which we could do it, even if you had come in earlier and asked to do this. If this was a situation where there was a big rock in the back yard or the lot sloped up hill, this would, be a basis for exceeding the setback. Or if the setback in this neighborhood was unreasonable, then it may be exceeded. The variance that was granted on the corner lot, there was a definite basis for granting it. This is a simple case where the line was 40 feet and the applicant has placed his. house 4½ feet in advance of this line. MR. LEONARD: Do you know that area? THE CHAIRMAN: Yes. MR.LEON-ARD: The~e is one house that is way back from the street. Is that a house or a garage? THE CHAIRMAN: I don't know. One of the reasons I didn't encourage you t~ hire a lawyer is because we would tell a lawyer the same thing weare telling you. Obviously is you appeal this you will have to have a lawyer. I think the Board's decision would be against this. I can't think of any reason why this should be permitted. The way you solve this can be anyway you want to, but it will have to be in line with the other dwellings. MR. LEONARD: Is that the feeling of the entire~Board? THE CHAIRMAN: We haven't put it to a vote yet. MR. DOYEN: There is no possible way:we can grant this type of variance. MR. KASSAY: When you say average setback line, do you mean in line or the average setback on the street? THE CHAIRMAN: The Board would be willing to go along with a 40 foot setback, or whatever the line is there. ~R. KASSAY: The setback would be 30 to 35 feet then. THE CHAIRMAN: Some of the houses are 50 to 60 feet back. Southold Town Board of Appeals -9- March 30~ 1967 MR. K~SS~Y: I think they are more like 35 to 40 feet setback. One may be 44 feet. I would say that two or three of those houses are closer to the street, i spoke to Mr. Osmer' and they have a 35 feet setback from the street. THE CHAIRMAN: Is the street curved or is it straight? The street curves into the property. THE~CHAiIRMAN: You ca~ establish theaverage setback b~sing'all the' houses on the block or by the adjoining houses. Howard, what is your interpretation of the average setback~ ~qhat is the distance? HOWARD TERRY, Building Inspector: At least as f~r back as the house on the north which is Patty. THE CHAIRMAN: How far back is he from the property line? MR. KASSAY: About 45 feet. HOWARD TERRY: You go north of that and the houses go further back and further back. The lot that was granted a variance was a narrow lot. It is not as deep as every other lot on that street. MR.' BERGEN: The house to the south is about 42 feet? HOWARD TERRY: About 40 feet. You could ~ stretch a string and they'are all in line. MR. LEONARD: Does the street go in there toward the property? MR. KASSAY: I am talking ~bout the property owner's property line. THE CHAIRMAN: I thinkwe have to take another look at~uis to see what he has to do here. MRS' EASS2%Y: This is-i~ line but not at the same distance. Is the stoop considered part of the house? HOWARD TERRY: A porch or anything that is roofed over is par~6f th~ house. You can have steps that project five feet in~ the front yard or side yard. Southold Town Board of Appeals -10- March 30~ 1967 MR. EASSAY: We are not P~mjecting any steps out. THE CHAI~: We will have to find out exactly what the adjoining houses are. (The average setback on the streetin question was again discussed.) THE CHAIRMAN: There are four houses that appearto be in line, but.~ you say the street leans toward the property. A~e there markem~along there? MR~ KASSAY: Yes there is. We are 48 feet from the pavement. THE CPL~IRMAN: We will have to take another look at this tommorow. Is there anyone present who wishes to speak against this application? i(There was no response.) By investigation and inspection the Board determines that the applicant's house is 35 feet~ 5 inches from the front property line at the closest point to Oakwood Lane, confirmed by~ survey. The two adjoining houses immediately to the south are 41 feet 7 inches, and 41 feet fr~m~ the front property line. The two houses immediately to the north are 48 feet and 46 feet, six inches, respectively from the front property line. The southerlyportion of the applicant's house projects approximately six feet toward Oakwood Drive. The appeal is denied and the applicant is directed to eliminate this six foot-extension in order to conform with the front yard setback, or'move the house so that~no portion of the house is closer than 45 feet to the front property line. The Board finds that strict application of the Ordinance will~oduce practical ~ficulties or'unnecessary hardship; the hardship created is~ique and would be shared byall properties alike in the immediate vicinityof 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. Southol~Town Board Of~ Appeals -11- March 30~ 1967 On motion by Mr. Gillispie, seconded by Mr. Doyen, i% was RESOLVED Nicholas J. Leonard, 600 Eight Avenue, East Northport~ New York, be denied permission to retain a building with insufficient front yard setback, on propemty located on east side Oakwood Drive, Southold~ New Yor, as applied for. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Doyen. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the' $outhold Town Board of Appeals set 7:30 P.M.'~CE.S~T.'~i, Thursday, April 13, 1967, at the Town Office, Main Road, Southold, New York, as the time and place ofhearing upon-~pplication of Lloyd E. Terry, Main Road, Orient, New York, for a special exception in accord- ancewith the Zoning Ordinance, Article X, Section 1003At for permission to renew a farm labor camp permit granted March 24, 1966. 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 MRs. E.W.' Latham'Est. Vote of the Board: Ayes:- ALL On motion by Mr~ Doyen, seconded by-Mr. Gillispie, i t ~as RESOLVED that the Southold Town Board of Appeals set 7:40 P.M.~(E.S.T.'), Thursday, April 13, 1967, at the Town Office., Main Road, Southold, New York, as the time and place of hearing upon application of Roger Ward, Jacob Lane,~ Southold, New York, for a variance in accordance with the Zoning Ordnance, Article III, Section 307, for permission to construct an attached garage with insufficient side yard area. Location of ~roperty: east side Jacob-Lane, Southold, New York, bounded nortk, east and south by M. Dickerson, west by Jacob Lane. Vote of the Board: Ayes:-ALL Southold Town Board of Appeals -12- March 30, 1967 On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Beard cf'Appeals set 8:00 P.M..(E.S,T.), Thursday, April 13, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Eastern Shores, INC., North Road, Greenportu New York, for a special exception in accordance with the Zoning Ordinance, A~ticle III, Section~300, Subsection 9, for per- misssion to retain the following subdivision identification signs with insu~fficient setback. 1) a sign on the north side North Road (CR 27), at the entrance to McCann Lane, east and west side of MCCann Lane, Greenport, New York; 2) two signs on the north side North Road (~R 27), on the east and westside of Moore Lane North, on the premises of J.J.' Vaccaro and A~M. Atwan, respectively. 3) a sign on the property of O.E. Gildersleeve, North Road,~ Green- port, New York, bounded north by Homestead'Way, east by H.J.S. Land and Development-Corp.,, south by North Road (CR 27), west by H.J.S. Lan and Development Corp.; 4) a sign on the land of the applicant, north side North Road (CR 27), Greenport, New YOrk, bounded north, east and ~est by H.J.S. Land and Development Corp., south by North Road (CR 27). Vote of the Board: Ayes$ - ALL On motion by M~.Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board~Appeals set 8:20 p,M.'~,S.T.), Thursday, April 13, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of'Crescent Beach Motel, Inc., Main Road, (zt 25), Greenport, New Uork, for a special exception in accordance with the Zoning Or~Hnance, Article III, Section 300, Subsection 10~ for permission to erect a directional sign on the property of the.Rutkowski, Est., located on the southside Main Road~ East~Ma~ion, New York, bounded'north by Main Road- StaGe, east~by'Shipyard Lane, south by'Cleave Point' Corp., west by Cleaves Point Corp. Vote of the Board: Ayes:- Ail. On motion by blt. Gillispie, seconded by Mr. Bergen, it-was RESOLVED that the minutes of the Southold Town Board of Appeals dated March 16~ 1967, be app~ved as submitted. Vote of the Board: Ayes:- Southold Town Board of Appeals March 30, 1967 The next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M.s. Thursday, April 13, 1967, at the Town Office, Ma~n Road, Southold, New York. The meeting was adjourned at 9:30 P.M.~ Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town Board c~ Appeals