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HomeMy WebLinkAboutZBA-10/20/1966Southold Town Board Appeals SOUTHOLD, L. I., N. Telephone SO 5 2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairm,~n Robert Bergen Charles Gregonis~ Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHO?.D TOWN BOARD' OF APPEALS October 20,1966 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thrusday, October 20, 1966, at'the Town Office, Main Road~ Southold, New York. There were present: Messrs: Robert W. Gillispie, Chairman; Robert Bergen~ Charles Grigonis, and Fred Hulse was present'at 8:00 P.M. Absent: Mr. Serge'Doyen~ Jr. PUBLIC HEARING: Appeal No. 978 - 7:30 P.M.~.D.iS,T~)~ Upun application of'Lester Oldford, 200 Hickory Roads SoUthold, New York, for a variancein accordance with the Z oning Ordinance, Article III, Section 307, for permission to divide propertywith an insufficient side yard 'for an existing dwelling. Location of property: east-side Hickory Road~Southold, New York, bounded north by A.F. Martin, east by~S.B, Fischer~Estate~ south by'J. Kirincic, west by Hickory Road~ Fee paid $5.00. The Chairman opened the hearing by reading the application for a variances, legal notice of hearing~ affidavit attesting to its publication in the official newspaper~ and notice to the applicant. Southold Town Board of Appeals -2-- OCtObe~r20~. 1966 THE CHAIRMAN: Is' there anyone present who wishes to speak in favor of this application? MR. OLDFORD: After that~ I bought another fifty feet so that made it two hundred feet, THE CHAIRMAN: Which did you buy first? h~dred MR, OLDFORD: I bought the one/fifty feet first. That was in 1953, After the building was up quite awhile~ then I bought fifty feet on the othe~ side of me, THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no re~onse) THE CHAIRMAn: Is there anyone pre,sent who wishes to speak against this application? (There was no response.) THE CHAIRMAN: I don~t suppose itwill make any difference to you if we say if any propose~"~tructure on the lot to be divided will be 15 feet from the property line? MR, O?~FORD: No. The people had the property surveyed on Tuesday, THE CHAIRMAN= A'£e there any other questions? was no response,) After investigation and inspection the Board finds that the appellant request permission to divide property leaving an. existin$ building five feet from the proposed property line, The appellant plans to-.create two lots, Both lots to be created have ample area and frontage to meet the requirements of the Zoning Ordinance, The dwelling was built on the property before the time of the Zoning Ordinance. The Board points out that if the existing dwelling was given sufficient side yard area~ one of the lots to be created would have l~ss area and frontage than required by the Zoning Ordinance= The Board finds that strict application of the Ordinance will produce practical difficulties ~ unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of ~is district; and the'~ariance does observe the spirit of the Ordinance and will not change the character of the district, Southold Town Board of Appeals -3- October 20~ 1966 Oh motion by Mr. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that~Lester Oldford~ 200 Hickory Road, Southolda New York, be g~anted permission to divide property with an insufficient side yard for an existing building~ on property located on the east side of Hi~ory'Road~ Southold~ New York,. subject to the following cond~ion~ 1. That anynew structure shall be erected no closer than 15 feet from the southerly property line of the proposed new lot to be created. Vote of the Board: Ayes:- Mr. Gillispie~Mr. Bergen~ Mr. Grigonis. PUBLIC HEARING: Appeal No. 979 - 7:40 P.'M.~D.S.T.).~ Upon application of RosemaryGagen, Front street~ Greenport, New York, for a variance in accordance with the Zoning Ordinance. Article III. Section303, Article X, Secticn-1000A, for permission to divide property ~ith insufficient area and frontage. Locationof property: south side Front Street~ Greenport~ New York~ bounded north by Front~Street~ east by Ernest~F. Ri~hter. south by Ho. Singleton- Atwell~ west'by Charles Magoey. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of thearing~ affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CPL~: Is thereanyone present who wishes to speak in favor of this application? ROSEMARY GAGEN: I do. MR. BER~EN:.How deep are these lots? ROSEMARY'GAGEN: one hundred twenty six feet. T~E~L%IRMA~: Do you have public waterand sewage facilities? ROSEMARY~GEN: We have our own cesspool. MR.~ BERGEn{: Do you have Greenport Water? ROSEMARY GAGEN: ~es. SouthOld T, own Board of Appeals -4- October 20, 1966 THE CHAIRMAN: You .use the small building for a real estate office, don't you? ROSEMARY GAGEN: I rent the small cottage. THE CHAIRMAN: Is there anyone presmnt who ~ishes to speak against this application? was no response.) After investigation and inspection the Board finds that the appellant request'permission to divide property with insufficient area and frontage. The Board finds that there are two dwellings on the two lots which were bought separately, six years apart. The appellant wishes to sell one house and retain the other for her own use. The Board finds that all other lots in this area are 50 foot lots and they all have one family dwellings ~onstructed upon them. There are no other double lots in this block° The Board finds that this variance Rill not.change the character of the district as there are already buildings on each lot. The Board fur~uer points out that-public water is available to both lots to be created. The Board finds that strict application ofthe Ordinance w~ll produce practical difficulties orunnecessaryhardship; the hardship created is unique and w~lld not be shared by all properties al~e 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 or'the district. On motion by Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that RosemaryGagen~ Front Street~ Greaport, New York, be granted permission to divide property v~th insufficient area and frontage on property located on the south side of Front Street~ Greenpor~ New York. Vote of the Board: Ayes:- Mr. Gillispie,-Mr. Bergen,. Mr. Grigonis~ Southold Town Board of Appeals ~5- October 20,. 1966 PUBLIC HEARING: Appeal No. 980 - 7:50 P.M.'i~EjD. S2TJ), Upon application of Alfred J. and Maria Kron, 292 Degraw Street, Brook- lyna New York,. for a recognition of access in accordance with the State of New York Town'Law, Section 280A. Location of property: north side Bay Avenue, lots numbered 1A~ 2 and 2A, in Nassau Farms~ ~utchogue~ New York. Fee ~mid $5.00. The Chairman opened the hearing by reading the application for recognition of access,, legal notice of hearing~ af~avit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone preset who wishes to speak for this application~ '(There was no response.) (The Chairman explained the layout of the cottages on the property in question.) THE CH~LRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the appellant request approval of access to the interior lots on p~operty located in Nassau Farms. The Board finds that there are cottages located on the rear 0fthe'Droperty in question. The Board finds that this right of.wa~ will be ac~ss~e to all emergency veh$cles. In general, the oard is in agreement with the reasoning of the appellant as poihted outin the application to the Board of Appeals. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hard- ship created is unique and would not be shared by all prpperties alike in theimmediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by'Mr. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that Alfred J. amd Maria Kron~. 292 Degraw Street~ Brooklyn, New York, be granted recogrAtion or'access on property located on the north side o~,Bay~Avenue, lots number lA,.2 and 2A in Nassau Farms~ CutchO~ue, New-York. Vote of the D~oard: _A~e.s$ Mr- Gillispie~ Mro Bergen~ Mr~ Grigonis% SoutholdTown Board of Appeals -6- October 20, 1966 PUBLIC P~.ARING: Appeal no 981 - 8:00 P.-MJ~(E.,'DjS%T;')~' Upon application of Genevieve Naugles, Naugles Drive, Mattituck~ New York, for-recognition of access in accordance with the State of New York Town Law~ Section 280A. Location of p~operty: south side Naugles Drive~ Mattituck, New York, bounded north by'Naugles Drive~ east by Vignes~ south by Leogrande~ west by Moss-L. Daren- Sheehan. Fee paid $5.00. The Chairman opened the hearing by reading the application for recognition of access, legal notice ofhearing, affidavit attesting to its publication in the official newspaper~ and n~tice to the applicant. THE CHAIRMAk~ Isthere anyone present-who wishes to speak fort his application? (,There was no response.) THE CHA~: Is there anyone present-who wishes to speak against this application? · (There was no re,~ponse~) ~f~er investigation and inspection the Board finds that the appellant request'recogrition of access of a thirty footright of way to serve four interior lots. The appellant needs the approval of access in order to obtainbuilding-permits for the four interior lots to be created. The Board finds that all of the lots to be created on this right of way have ample area to meet the Zoning requirements and the Health Department requirements. This is the only parcel of'land of this size in this area which is not developed W~h homes or cottages. The-Board finds that the proposed right ofway will be thirty feet byapproximately five hundred ten feet. The right of way will be accessible to all emergencyequipment after-it meets the ~w. finat approval of the Building Inspector. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would' not be shared by all' properties alike in the immediate vieinity 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. Southold ToWn Board of Appeals -~- October 20, 1966 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Genevieve Naugles, Naugles Drive, Mattituck~ New York,. be granted recognition of access on Pr0Pertylocated on the south side ofNaugles Drive,~ Mattituck, New Y~k, as shown on the map by~OttoVan Tuyl & Son,. map datedSeptember 30, 1966. This approval is granted subject to the final approval of the Southold Town Building Inspector. Vote of the Board: Lyes:- Mr. Gill~pie, Mr. Bergen~ Fir. Grigonis, Mr. Hulse. Mrs. Davis appeared on behald of Appeal No. 980, upon application°ofAlfred and Maria Kron. She was advised that the application had already been heard'and the relief ~ sought was granted. PUBLIC P~.ARING: Appeal No. 982 - 8:15 P.'M~'CE.D.S.'T), Upon application of Samuel Glickman, Esq., Greenport,. New York, a/c William McDermott, Greenport~ New York, f®r a variance in accordance with the Zoning Ordinance, Article III, Section 304 and 307, for permission to use an existing ~'ilding for one family dwelling. Location of property: east side'OspreyNest~ Road,i lot'number 5 in Cleaves Point, Section I, Greenport, New York. Fee paid $5.00. The Chairman opened the hearing by.reading the application for a variance, legal'notice of hearing,~ affidavit~attesting to its publication in ~he official newspaper, andnotice to ~e applicant. THE CPL~IRMAN: Is there anyone present who ~ishes to speak for this application? ~STAS/LEY'CORWIN,. ESQ.': Mr. Chairman and~Genttmen, I am here in support of this application. Thee isn~-t'very much I can add to what you are alreadyaware of. I don't'kn.ow~i~ you have looked at this. If you have there is no point in trying to describe it. THE CHAIRbL%N: I have looked at this twice. I looked at it when I was on the Planning Board at one time. I don~t suppose anyone ever envisioned this garage would be converted into a residence. It had to be divided some way and this was the way it divided best. S~thold Town Board of Appeals ~8- October 20~ 1966 STANLEY CORWIN, ESQ.: I did not have anything to do with the subdivision at that stage. MR. BERGEN: Are there houses builton either lot~number three or four or six? STANLEX~CORWIN, ESQ.: No. No setback line has been determined. THE CHAIRMAN: I don't think anyone would wmnt a house this close to the road. STANLEY'CORWIN, ESQ.': He won't regard Osprey Nest~Road ass the front of the house. THE CHAIRMAN: I would think it would make it difficult to sell the adjoining lots. I don't think the developer would be in favor of this. STANLRY CORWIN~. ESQ.: You speak of this situatiun as a self imposed hardship. THE CHAIRMAN: We are trying to see all sides of this situation. Obviously,1 we could deny this on the face of it. It was a s~lf imposed hardship when he bought it from Cornerbu~. STANLEY-CORWIS~, ESQ.: Anyone who boughtin this area~ bought cognizant of the fact that this building was there. It-will be more attractive as a residenc~ than to becontinued as a garage. THE CHAIRMAN: I don't see any reason why it shouldn't-be moved a considerable distance from the so called front yard. ST'~f~CORWIN~, ESQ.: When som~ne ask for an application for a variance theyare usuallyasking to down zone. Asking for the type of variance you don't want to grant. This application is for an upzoning. THE CHAIRMAN: This building has been used as a garage? STANI~Y CORWIN.,~ ESQ.: It has been used to store machinery~ etc. Tw~.CHAIRMAN: This is a self imposed hardship, and this Board can not follow the reasoning of the appellant.~ So~thotd Town Board of Appeals -9- October 20, 1966 STANLEY~CORWIN.~ ESQ¥:Even though it is a self imposed hardship, it isn't going to be a hardshi~ on any one else there. There are no present buildings close enough to thi~ that are going to be affected by the change.of this use. Regardless of what affect it has on the sale of adjoining lots~ ~he p~ople will be cognizant of the fact that the house is there. This isn't going to affect the health, safety, and welfare of the Town. THE CHAIRMAN: I agree with what you said, but specifically~ the objection as far as this Board is concerned, we would be granting permission here that ~ denied to all others. No one else could put a house one foot from the line. STANLEY~CORWIN~,ESQ.: That is why people come before this Board. THE CHAIRMAN: No, with a self imposed hardship. STANLEY CORWIN, ESQ.~: The subdivision was create$Sefore the the Zoning Ordinance. THE CHAIRMAN: We .~an not correct the errors of the past. STAb~.RY CORWIN, ESQ.: We are not asking you to correct an error. We are asking you to accepta pre-existing situation, THE-CHAIRMAN: I don't know if this man has any children or not~ but if he does they will have to play in the road. There is no front yard. Some hot fodders may come alung and cut the corner off this building. STANLEY~CORWIN,. ESQ%: This is not a public'road and never will be. THE CHAIRMAN: I understand this. MR.' BERGEN: Someone will come along and buy this lot-and will want to do the same thing. S~NLEY~CORWIN, ESQ.: That was already there. You are not setting any precedent. THE CHAIRMAN: Anything this close to the road is a hazard. South01d Town Board of Appeals -10- October 20, 1966 THE CHAIRMAN.: Is there anyone present who wishes to speak against this application? (There was no response.) The Chairman read the following letters into the record: "October 17, 1966, Town Board of the Town cf Southold,. Suffolk Coun~, Long Island~ New York. "Gentlemen: "I am taking this opportunitytD inform you that I strongly oppose the granting of the variance that~would p~rmit the use of the equipmentbarn on Lot no. 7 on Map of Section No. 1 Cleaves Point in East' Marion, Town of Southold. "The acceptance of this barn would cause great discomfort and decrease value to my lot no. 6,. which is adjoining and. also is an injustice to the present existing dwellings. "This is particularly so in that this barn is so very much contrary to Sections b~os. 304, 305 and 307 of A~ticle III of the Building Zone Ordinance. "Thanking you for prompt attention to this protest, I am, "Yours truly,. /s/ James T. Young~ Bay Aveneu, Mattituck, Long ISland, New York." "Cleaves Point Property Owners Association, East Marion,1 New York, October 17, 1966. "The Board of Appeals, Town of Southold, Southold, New York. "Dear Sirs: "It is the desire of the Board of Directors that the request submitted by Samuel Glickmana Esq., Greenport, New York, a/c'William McDermott,. Greenport, New York~ for a variance in accordance with the Zoning Ordinance~ Article III, Section 304 and 307, for permission to use an existing building for one family dwellings, not be granted for the following reasons: "The position of the exis~mg building relative to Osprey Nest'Road is so close as to be ent~ely out of character with the Southold Town Board of Appeals -11- October 20, 1966 setbacks of the existing dwellings on the road which now conform to the requirements of Article III, Section 304. "Likewise, the existing side yard adjacent to lot 6 is insufficientand would allow a ~isproportionate positioning of the building on the lot wit~ relation to the existing dwellings on Osprey Nest Road. "Since the building is no more than a concrete floored carriage house and has never been used as a dwelling, it is difficult to see where a claim cf hardship may be sustained. "R~espectfully submitted, /s/ George J. Garbe, Secy.-Tree." THE CHAIRMAN: Is there anyone else who wishes to say anything for or against this application? (There was no response.~) After investigation and inspection the Board ~hds that the appellant request permission to convert an existing building into a one family dwelling. The building in question is located one foot from the highwayproperty line. The Board points outthis is a self imposed hardship. The building existed in the present location at the time of the purchase of the property. It is the opinion of the Board of Appeals that to permit 'the use of this building as a one family residence would be detrimental to the neighborhood. Alllother dwellings in ~_~he immediate area comply with thelZoning Ordinancel The Board also points out that it Eould be a safety hazard to permit a residence to be located only one foot from the highway property line. strict applicatien d~p Board finds that ~~~ ~ of the Zoning Ordinance woul roduce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all pr~erties alike in the immeidate 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 distric t. On motion by M_r. Gillis~ie, seconded by Mr. Bergen, it was RESOLVED that Samuel Glickam, Esq., a/c'William MCDermott, ~reenport, New York, be denied permission to use an existing building for a one family dwelling on property located on the east side of Osprey Nest Road, lot number 5 in Cleaves Point~ Section I, Greenport, New York. Vote of the Board: Ayes:- Fir. Gillispie,Mr. Bergen, Mr. Grigonis. Mr. Hulse. Southotd Town Board of Appeals -12- October 20, 1966 PUBLIC w~.~%RING: Appeal No. 983'- 8:30 P.M.~iCE.DjSjT~), Upon application of'Security National Bank, 350Main Street, Huntington, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection A, for permission to' erect ground signs. Location of proper%y: south side Main Road, Southold, New York, bounded north by Main Road, east by Wells Road~ south by C. Grigonis, west by C. Grigonis. Fee paid $5.00. The Chairman opened the hearing by reading th~ application for a special exceDtion, ~gal notice of hearing, affidavit attesting to its publicatiOn in the official newspaper, and notice~othe 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 Board finds that the appellant request permission to erect groundsigns-to denot~ the ingress and egress of'traffic. The Board finds that there will be a one way arrow, 12" by 24"; an exit only sign, 18"x 24"; and an entrance sign, 18~' bye30''. The Board points o~tthat -these signs are necessary for the properti'~control of traffic using the bank's facilities. The Board finds that the public convenience and welfare andjustice will be served and the legallyestab'lished or permitted use of n~hborhood property and adjoining use ~istri'cts will not be permanentlyor substantially inju~red and the spirit ofthe Ordina~ will be observed. On motion by Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that the Security National Bank~ 350 Main Street, Huntington, New York~ be granted permission to erect ground signs on property located on the sou~h side oftheMain Road, Southold~ New York, subject to the following conditions: 1. The easterly exit sign shall be located at least five feet from the property line. Southold Town Board of Appeals -13- October 20, 1966 2. The northerly entrance sign shall be located at'least five feet from the southerly edge of'the sideWalk. 3. The third sign shall be located at least five feet from the property line. 4. Ail sign shall be located at least three feet above ground level. Vote of the Board: Ayes:- bit. Gillispie~ Mr.'~ergen, Mr. Hulse, bit. Grigor~. On motion by Mr. Hulse, seaonded by'Fir. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P~M.', (E.S.T~), Thursday, November 3, 1966, at the ,Town Office, Main Road,. Southold,~ New York, as the time. and place ofhearing,, upon application of G. HarveyMoore, Kirby'Lane, Jamesport~ New York~ for approval of access in accordance with the State_of New York Town Law~ Section 280A. Location of property: south side Peconic BaY Blvd., Laurel,. New York, bounded 'north byPeconic Bay Blvd.~ east by property.now or formerly 'of HarryYoung, west by land now or formerly of J. Cardinal, south by Peconic Bay. Voee of the Board: Ayes:-ALL On motion by Mr. Grigonis, seconded by Mr, Gillispie, it was RESOLVED that the Southold TOWn Board of Appeals set 7:40 ~¥S~T~), Thursday~ November 3, 1966, at the Town Office,.Main Road, SoUthhld, New York, as the time and place of hea~ing upon application of Arthur~C. Downs,. 608 S. Oak-Lane, Primos, PennsylVania,. for a variance in accordance with 'the Zoning Ordinance~ Article IIIa Section 303, Article X, Section 1000A~ for-permission to divide property. Location of property: north side Peuonic Bay Blvd., Laurel, New York, lots numbered west one half of 13, all of 14, 15, 16, 17~ 18,. 19~ a~d 31 in A.'L.' Downs Subdivision~ Laurel, New York. Vote of the Board: Ayes:- ALL SoutholdTown Board of Appeals -14- October 20, 1966 On motion by Mr. Gilli~ie, seconded by'Fir. Hulse, it Was RESOLVED thatthe Southold Town Board of Appeals set 8:00 p.m~ ~,'S~T.'~ Thursday, November 3, 1966, at the Town Office, Main Road, outhold, New York, as the time and place of hearing upon application ~f~Cedric H. Wickham, Suffolk~Av~ue~ Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for permission to retain the .following signs: 1) one directional sign on the south east-corner of the Main Road and South Harbor Lane, Southold, Ne~ York, bounded north by Main Road, east by Diller Bros.,. South by Diller Bros., west by South Harbor~Lane; '2) one directional sign on the south west corner ofSouth HarobrLane and Hiawatha's Paths Southolds New York, bounded north by'SoUth Harbor Lane,. east by'Hiawahta~s Path, south by Grace M, Mitchell,weSt by Grace M. Mitchell; 3) one directional sign on the south east cornerof Bay View Avenue and Mokomis Roads Southold,. New York, bour~d north by Bay View Avenue, east by-Peter-Sarkus~ south by Peter-Sarkus,west by Nokomis Road. Vote of the Boar~= Ayes:- Ail On motion by Mrl Gillis~ie, seconded by Mr. Grigoniss it was RESOLVED that the minutes of'the Southold Town Board of Appeals dated October 6, 1966, be approved as submi~d. Vote of the Board: Ayes:- Mr. Gillis~ie, Mr. Bergen, Mr. Hulse~ Mr. Grigonis. The next regular meetin~ ofthe Southold Town Board of Appeals will be t~ld at 7:30 P.M.', Thursday, November' 3, 1966, at the Town Office, Main Road, Southold,. New York. The meeting was adjourned at 10:30 Respectfully submitted,. AP?ROVED · \ arbara C. Dittmann~ Secretary