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HomeMy WebLinkAboutZBA-11/30/1967Southold Board ppeals S D, L. I., N. Telephone SO 5 2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Gresonis,'~Jr. Serge Doyen, Jr. Fred Huls¢, Jr. MINUTES SOUTHOLD TO~N BO~J~D OF APPEALS November 30, 1967 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, November 30, 1967, at the Town Office~ Main Roads $outhold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen, Fred Hulse, Jr., Charles Grigonis, Jr. Absent: Mr.~ Serge Doyen, Jr. PUBLIC PIEARING: Appeal No. 1155 7: 30 P.M.(E.S.-T.)¥ Upon application of Calvin Powers, Pinehurst Blvd., Calverton, New York, a/c Vincent Maltese, 457 3rd Street, Brooklyn, New ¥ork~ for a variance in accordance with the Zoning Ordinance, Article III, Section 304 OR 305~ for permission to construct an addition to an existing dwelling with insufficient front yard setback. Aocation of property: west side Sigsbee Road~ Mattituck, New York, lot number 36, in Mattituck Park P~perties. Fee paid $5.00. 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. Southold Town Board of Appeals -2- November 30, 1967 THE' CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HUL~E: What issue average setback on~ue road? THE CHAIRMAN: The road itself it what distance? MR. HULSE: What is the pole setback on that road? HOWARD TERRY: It is about seven feet from the pavement to the fence. MR. HULSE: So actually he is about 35 feet from the actual?property line/ THE CHAI~AN: The average setback on the road is 42 feet. HOWARD TERRY: No, it is 35 feet. This measurement was taken from the edge of the pavement on ~Sigsbee road. THE CHAIPJ~AN: This would be reduced to 27 feet setback. Is there anyone present who wishes to speak for this application? CALVIN POWERS: I appear on behalf of'Mr. Maltese. THE CHAI~: When you measured this, where did you measure it from? C2~LVIN~POWERS: From~e edge of the street. THE CHAIRMAN: This addition is really enlarging the house isn't it? ~ALVIN~iPOWERS: Yes. They have a little stoop there. If it is raining or something it comes right in the house. They want a pD~ch on 2. THE CPIAINFa%N: That could be done with an addition less than eight feet by 18 feet. C2%LVIN POWERS: The 18 feet goes along with the house. Southold Town Board of Appeals -3- November 30, 1967 MR. BERGEN: If you take five houses each"side of this, they set about one foot to 18 inches in a straight line. Then when you get down a little farther there are two houses that are out about three or four feet closer to~e road, but the road turns a little bit too, so they are not actually out. THE CHAIRMAN: Is there anyone else who wishes to be heard? (There was no response.) THE CHAIRMAN: If this request was granted it would set a precedentthat would enable everybody on this street to go eight feet closer to the road. I will have to.vote against this. Does anyone else wish to be heard one way or the' other? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect an addition to an existing dwelling with insufficient front yard setback. The addition in question is propesed to be an enclosed porch. The Board find~hat the majority of the houses an this street are set back equal distance from the road. To grant this variance would be in violation of the front yard setback requirement; and enable all others on this street~ build closer to the front yard property line. _o~e Board finds that strict application of the Ordinance the hardship created is~nique 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 O~inance and will change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED Calvin Powers, Pinehurst Blvd., Calverton, New York, a/c Vincent Maltese, 457 3rd Street, Brooklyn, New York~ be DENIED permission to construct an addition to an existing dwelling with insufficient front yard setback, on property located on the West side Sigsbee Road, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Fir. Grigonis. Southold Town Board of Appeals -4- November 30, 1967 PUBLIC HEARING: Appeal No. 1156 - 7:45 P.M. (E.S.T.)~ Upon application of Ruscon Construction Co., Inc., 69 Further Lane, Riverhead, New York, for a variance in accordance with the Zoning Ordinance~ Article III, Section 303, Article'X, Section 1000A~ for permission to divide property with insufficient frontage and area and use for single family construction. Location of property: north side Brown Street, Greenport, New York, lots number 12 and 1~ in Greenport Driving Park. Fee paid $5.00. The Chairman opened the hearing by reading the legal notice of hearing, a~fidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? CONSTANTINE KING: I do. For one thing, you all know the area. When these homes are built, they are built to the New York State Building Code. It will imporve the area itself. The Village of Greenport will put the water and fire hydrants in there. The people that are going to take these homes are local people. They are not going to be people put in there from outside areas. They have the approval of the FHA. Instead of renting they will be owning homes and making better citizens. They take good care of their homes. Right now they are living in sub-standard homes. That area has been for years. Our homes are built to New York State Building Code. That should be one of~e best assests as far as the Town of Southold is concerned. Fir. Monsell will put in six inch water m~ns and install fire hydrants, and they will have fire protection. They are now renting sub-standard homes in that area. What I propose to do is build homes under FHA~ which is New York State Building Code. This will be advantageous to the Town and to the Village. That is why the Village wants them and the peoplewant them. It will be advantageous to the Town. Instead of being tenants, theywill be home owners and taxpayers. On my past experience on 6th street these people have become fine citizens. THE CHAIRMAN: How many homes have you built on 6th Street? CONSTANTINE KING: About four homes on 6th Street. They have 50 foot lots. THE CHAIRMAN: They are in the Village of Greenport. This is in the Town of Southold. The Town requires 100 feet by 125 feet ~or a building lot. Southold Town Board'of Appeals November 30, 1967 C~NSTANTINE KING: You have village water there. The Village told me they will go as far as I want to go. They are anxious to get started and install the mains. They feel due to my past experience this will be an asset to the Village. I wentthrough that area with Jim Monsell and he thought it was a wonderful idea. One of the ~1~ people who are gdng in there works in a barber shop. One works on Shelter Island. They are all working people, Their credit rating has been approved. They will be 850 square feet homes with full cellars. THE CHAIRMAN: You propose to locate the houses five feet from nne side line and nine feet from the other? CONSTANTINE KING: Whatever it showson~e application. BERGEN: Will there ~?.~ an attached garage? CONSTANT]/~E KING: No. The garage will be detached on the ~ack of the lot. MR. BERGEN: You can't get to the back of the lot on this. CONSTANTINE KING: You onlyneed 10 feet for a driveway. MR. HULSE: You only have nine feethere/ CONSTANTINE KING: You onlyneed eight feet for a driveway. THE CHAIRMAN: I agree with everything you have said, e~cept I don't feel this Board can properly reduce the lot size of the Ordinance. CONSTANTINE KING: These have existed for many years. THE CHAIRMAN: There is a difference between a filed map and a filed map that is made part of the Ordinance. Some of th e filed maps were included in the Ordinance. This was not one of them. This puts us in the position of being against reducing the size of the lot by more than 5~. CONSTANTINE KING: Do you know how many house~you have down there ? MR, BERGEN: Too many. That is why we want to up,grade it. Southold Town Board of Appeals -6- November 30, 1967 CONSTANTINE KING: I am up-grading itby putting good houses in there. THE CHAIRMAN: I would have to vote against this. C~NS~AN~INE KING: Suppose he located the house here? CHAIRMAN: It wouldn't make any difference. CONSTANTINE KISIG: This is existing. THE CHAIRMAN: This lot was in single and separate ownership and now you want to divide it. This lot is sub-s~andard anyway, and you propose to divide it in half. CONSTANTINE KING: I bought two lots. THE CHAIRMAn,: For zoning purposes you have only one lot. The fact that somebody files a map in 1927 doesn"t change the picture. The fact remains that we have to okay the size of the lot. We had somebody in Greenport that put every other lot in his wife's name with the idea of winding up with 50 foot lots. CONSTANTINE KING: We are faced with the same situation here. THE CHAIRMAN: You have 100 feet by 112 feet here. That is still less than required by the Ordinance. CONSTANTINE KING: I am nothere to argue with you. Oscar Goldin presented it as two lots. It has been two lots since the map was filed. THE CHAIRMAN: That doesn't make any difference. CONSTANTINE KING: All of these houses have been there for years. THE CHAIRMAN: It doesn't make any difference when the map was filed. CONSTA/~TINE KING: The people have been living on there all these years. THE CHAIRMAN: Did you buy these lots from Oscar Goldin ? S~uthold Town Board of Appeals -7- November 30, 1967 CONSTANTINE KING: Right. THE CHAIRMAN: As far as zoning is concerned you have one lot there. MR.' BERGEN: You can build one house there. THE CHHIRMAN: You can't build two houses there. CONSTANTINE KING: Every other lot has a house on it. THE CHAIRMAN: The Building Inspector gave you a building permit on another lot. If you own a lot in single and sepaaate ownership~ there is no'thing we can do about it. CONSTANTINE KING: I am trying to speak intelligently about this. I am trying to put some decent homes in that area. You are trying to prevent me from doing that. THE CHAIRMAN: We are trying to maintain the Zoning Standard of the Town of Southold. CONSTANTIb~ KING: There are ellen houses that can be built there. THE CHAIRMAN: What do you mea~? CONSTANTINE KING: They are single lots between two existing houses. THE CHAIRMAN: That is a different situation. As I under- stand that corner lot was owned by Oscar Goldin. CONSTANTINE KING: It is owned by Soto. He is buying a piece of property and wants to build a house compariable with FHA standards. As you know from my past experience I am trying to up-grade with this type of construction. THE CHAIRMAN: We are talking about two differen~ things. You are talking about FHA and building code, we are talking about the zoning Ordinance. CONSTANTINE KING: I can build a house on THE CHAIRMAN: W~at do you mean? Southold Town Board of Appeals -8- November 30, 1967 CONSTANTINE KING: As long as I could get a building permit on a lot 50 feet by 100 feet, that has two houses on each side of it. I can get a building permit on each side of it. If I have two lots side by side~ I can't build two houses. THE CHAIRMAN: No, you can't. CONSTANTINE KING: Well, this is wrong. THE CHAIRMAN: You can appeal this if you like. CONSTANTINE KING: I am appealing to this Board. We are trying to up grade living conditions/ THE CHA//{MAN: This lot does not meet the zoning requirements of theTown of Southold. We don't help the area any but granting variances for more 50 foot lots. We can't change what is there, but we can preserve the rest. CONSTANTINE KING: There are eleven lots there that we can build houses on. There has to be some common sense. THE CHAIRMAN: You can~opeal this decision. CONSTANTINE KING: There has to be some common sense to this thing. THE CHAIRMAN: There is some common sense to what I am going to say. This Town apparently developed years before any one thought of zoning. All of the things that existed in the Town can't be adopted to the Zoning Ordinance. You have to start somewhere. You have to start with certain size lots, and setback from the road. The basic concept when we first started zoning was the size of the lot. All facts were considered. There was a builder involved, a surveyor, a farmer. It-was decided what the size of the lot should be, At the time, most houses were one family ranch type and in some cases not adaptable to 100 foot frontage lot, but that is what-we settled on~ 100 feet by 125 feet~ and the side yards were set at 10 feet and 15 feet. What you propose is two houses on this lot, one five feet from the adjoining house and nine feet from the next house. $outhold Town Board of Appeals -9- November 30, 1967 CONSTANTINE KING: Right in back of the lot there ~w are two ~ people that have two houses on the same fifty feet by 100 feet. There are two houses. I am trying to get these people out of substandard housing and put them in houses tha~ are fit to live in. They have two houses, one behind the other on a lot fifty feet by lOOCfeet. Right in back of the-lots I am talking about. They both have out-houses on there. I am speaking as a man trying to raise the standard of living in an area. This is right in back' of this area here (drew sketch of lot he was referring to). There is a woman living there with tw6 children in a room the size of this room here. She is living like a pig. I am trying to put one house here and one house here for these people and give them decent living. I am trying to give two people deeent houses. You are telling me about standards, we are dealing with human beings. I would like to appea! this if it takes me 10 years. THE CHAIRMAN: The appeal from this will be to the Court. CONSTANTINE KING: These people are living right in back of there. You as a Board prevent me from putting these two people in decent homes, and you give me on number 20 a building permit. If that makes sense, I'll eat my hat. MR.' BERGEN: We can't do anything about the single lots. CONSTANTINE KING: You as a Planning Board should be concerned with the people in the area. MR.' HULSE: We are not a planning Board. CONSTANTINE KING: I am trying to put them in two houses. THE CHAIRMAN: This lot has less area than the minimum required. CONSTANTINE KING: You have Town water there. THE CHAIRMAN: That doesn't make any difference. If there is nothing further on this application we will close thehearing. ~fter investigation and inspection the Board f~mds that the applicant requests permission to divide property and bui~ Southold Town Board of Appeals -10- November 30, 1967 two one family homes. The Board finds the property involved is lot numbered 1~ and 14 in Greenport-Driving Park, a filed map, however, the filed map was not adopted and made part of the Southold Town Building Zone Ordinance, when said Ordinance was enacted. For all intent and purposes under zoning, lot 12 and 14 are considered to be one lot, and only one dwelling may be erected thereon. By dividing the property an~ creating two lots there would be more than fifty per cent reduction of the frontage and area ~f the lot, as required under the Zoning Ordinance. Regardless of the fact, the immediate area is built up with 50 foot frontage lots, the Board~n prevent the creation of more 50 foot frontage lots, and thus prevent the over crowding of land. The Board finds that strict application of the-Ordinance will rmt 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. ~ On motion by bit. Gillispie, seconded by F~r. Grigonis, it was RESOLVED Ruscon Construction Co. , Inc., 69 Further Lane, Riverhead, New York, be DENIED permission todivide property with insufficient frontage and area and use for single-family construction, on property located on the north side Brown Street, Greenport, New York, lots number 12 and 14 in Greenport Driving Park. Vote of the Board: Ayes:- Mr. Gillispie, ~r. Bergen, Fir. Hulse, Mr. Grigonis. PUBLIC PIR.~RING: APPEAL NO. 1157 - 8:15 P.M. [E~-S~'T~'$, Upon application of Leroy Brown and James Kavanaugh, a/c Crescent Beach Riding Stables for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 5 (d), for permission to establish and maintain a riding academy. Location of property: Dawn Estates Shopping Center, Inc.,east side Maple Lane, (private road), Greenport, New York, bounded north by J. P. Kavanaugh, east by District'Line, south by J. P. Kavanaugh and others, west by Maple Lane. Fee paid $5.00. Southold Town Board of Appeals -11- November 30, 1967 The Chairman opened the hearing by reading the application for a specail e~ception, legal notice of hearingt affidavit attesting to its publication in the official newspaper, and notice to the Applicant. The Chairman read the following letter: "Nov. 27, 1967, George J. Garbe, 240 Caroline Avenue, Gardeny City, New York 11530 "The Board of Appeals, Town of Southold, Southold, N.Y. "Daar Sirs: "The Board of Directors desires to inform you that the Cleaves Point-PropertyOwnezs Association opposes the granting of a variance that would allow Crescent Beach Riding Stables to be established on Maple Lane at the property of'Dawn Estates Shopping Centert Inc. in Greenport. "It is felt that the residential character of the neigh- borhood would be adversely affected by reason of; increased traffic along Maple Lane (a narrow, private road) resulting in a parking problem; the possibility, that the prescribed limits of riding trails may not be observed by riders. "Respectfully submitted, /s/ George J. Garbe, Secy.-Treas." THE C~!RMAN: Is there anyone present whowishes to speak for this application? JAMES EAVANAUGH: I would like to speak for it. I don't think itwould interfere. In fact we have room of the road, outside the immediate thing for the trails. I talk to the Kaplan Bros who own Dawn Estates. There is no one in the area who objects. I don't know who Mr. Garbe is speaking for. I have spoken to many people in the area, Mr. McDermott, Dawn'Estates, The Coffy girls~ Mr. Kent. The stables are there. They didn't express any opposition to me at all. THE CHAIRMAN: They are four owners in the area that are in Cleave Point Property Owners Association. JAMES KAVANAUGH: That is correct. CHAIRMAN: Doe s Mr. Garbe have a residence there? $outhold Town Board of Appeals -12- November 30~ 1967 JAMES KAVANAUGH: He has a summer residence. MR. B~R~N: I ta~ed to Mr. Garbe a few weeks ago and he said it was a wonderful idea. THE CHAIRMAN: This objection is based on two points. Ones increase traffic along Maple Aane~ resulting in a parking problem. He is concerned with a t~rking problem. MR. BROWN: We have parking room in the back. THE CHAIRMAN: Also concerned thatthe preseribed limits of riding trails may not be observed by riders. (The Chairman related the case~of riders from the Smithtown Hunt Clubs guest of Hidden'Lake Ridden Stabless v~%ng on land owned by Mr. Petrucci without his permissions) We are trying to find outwhat you plan to do there. MR. HULSE: Will you have anything on the north side of ~he road? MR. BROWN: We m~ght have some barns over there. I always go along and the riders get off'the horse while going across the road. THE CHAIRMAN: You aren't a~king for perm~sion to cross the road? MR. BROWN: Not at the present time. THECHAIRMAN: You may? MR. B~BWN: We may. We have done it before. THE CHAIRMAN: How does Island End Golf & Country'Club feel about'this? MR. KAVANAUGH: They don~t have any objection to it. ( The Board and Mr. Brown and Mr. Kavanaugh discussed the surrounding property owners, who they had permission, from to ride on their property, and who theymay possibly obtain permission from.) The Chairman read therestrictions placed on Hidden Lake Riding Sta~les by the Board of Appeals. Southold Town Board of Appeals -13L November 30, 1967 MR. KAVANAUGH: During the summer we have hay rides, but there would be lights on the wagon and it-would be on- side roads. THE CHAIRMAN: How many stables do you have? MR. BROWt~: We can take care of 50 horses, that is box stalls. MR. KAVANAUGH: We want to run a nice place ~ d make it an asset to the community. MR. BROWN: We walk the horses across the road if we have to cross, then get back on again. I don't let anyone cross without someone being there. THE CPIAIRMAN: That split rail fence there was mad~ for cattle. If that suitable for the horses? MR. BROWN~ Yes. MR. HULSE: Do you intend to keep ponies for small children? MR. BROWN: Yes. THE CHAIRMAN: You don't expect to ride on Dawn Estates? MR. BROWN: N©. THE CPL%_!RMAN: Are there any other quest% ons? (There was no responses) THE CHAINMAN: Is there anyone present who wishes to speak against~this application? (There was no respond.) After investigation and inspection the Board finds that the applicants request permission to operate and maintainn riding stables. The property is owned by Dawn Estates, Inc., and leased by the applicants for the purpose of riding stables. The area is about 16 acres in all~ which will be quite adequate. The applicants expect to have nine ho~ses now, and probably up to twenty horses during the summer season. The applicants have had experience with this t~pe of operation and will have supervision during riding hours and instruction 3 period~. There is ample area on the property to take care of parking facilit~s. Southold Town Board of Appeals -14- November 30, 1967 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 motimby ~r. Gillispie, seconded by bit. Hulse, itwas RESOLVED Leroy Brown and James Kavanaugh, a/c' Crescent Beach Riding Stables, Greenport, New York, be granted permission to establish and maintain a riding academy on property of Dawn Estates Shopping~Center, Inc., located on the east side of Maple Lane, (Private Road), Greenport, New York, subject to the follov~ng conditions: 1. There shall be a two foot by three foot' (2' x 3') sign at each highway crossing. Said sign shall be setback at least one foot (1') from property line; shall be four feet (4') above ground level; shall have two hundred feet' (200') visibility to traffic from each direction,/ 2. There shall be one on premises sign. Said sign shall be no larger than three feet by four feet (3' x 4'); shall be located five feet ~(5') from all property lines. 3. There shall be off street parking for all customer's and employee,s cars and vehicles. 4. The manure shall be removed from 'the premises weekly. 5. All riding instructions and trail riding shall be supervised. 6. All riding instructions and trail riding shall be on th~ property of the owner or other premises with the owner's w~itte~ consent. 7. There shall not be any riding on the town highways or other highways except to cross. 8. Boarding or stableing of horses, other than those of the owner (applicants), shall be approved by the Boardof Appeals. 9. Outside storage of hay~ straw, or other material sh~ll be at a safe distance from any building and as firesafe as possibld. Southold Town Board of Appeals -15- November 30, 1967 10. The area to be used for the purpose of riding stables is approximately 10 acres and must be entirely fenced. Vote of the Board: Ayes:- Mr. Gillispie, Fir. Bergen, Mr. Hulse~ Fir. Grigonis. On motion by Mr. Gillispie, s ~conded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeal~ dated November 16, 1967, be approved as submitted. Vote of the Board: Ayes:- ~T.?. Thennext regular meeting of theSouthold'Town Board of Apt~als will be held at'7:30 P.'M., Thursday, January 4~ 1967, at the Town office, Main Road, SouthOld, New York. The meetin~was adjourned at 9:30 P.M. Respectfully submitted, Southold Town Board of Appeals