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HomeMy WebLinkAboutZBA-12/30/1965 APPEAL BOARD MEMBERS Robert ~/. Gillispi¢, Jr., Ch~irm~n Robert Berscn Charles Gregonis, .Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals -~nUTHI3LD, L, I,, N, Y, Telephone SO 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS December 30, 1965 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, December 30, 1965, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen, Fred Hulse, Jr., Serge Doyen, Jr. Absent: Mr. Charles Grigonis, Jr. PUBLIC HEARING: Appeal No. 818 - 7:30 P.M., (E.S.T.), upon application of Frank Wills and Joella and Barrie Vreeland, Mattituck, New York, for recognition of access in accordance with the State of New York Town Law, Section 280A. Location of property: south side private road, Mattituck, New York, bounded north by Private Road, east by Captain Kidd Estates, south by Right-of-Way, west by O.G. Pike and Others. Fee paid $5.00. Southold Town Board of Appeals -2- December 30, 1965 The Chairman opened the hearing by reading the application for recognition of access, 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 be heard in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to be heard in opposition to this application? ~There was no response.) MR. ~ERGEN: I would like to say that the Chairman, Howard~ and myself looked at this property. I can see no reason why it should not be changed. MR. HULSE: I also went and looked at the property/ THE CHAIRMAN: Are there any other comments? (There was no response.) After investigation and inspection the Board finds that the applicants request approval of access over a private right-of-way. The Board finds that this proposed road will begin at Captain Kidd and Linda Road. The Board finds that this right-of-way is accessible for all emergency vehicles and thus the safety of the public is insured. 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 Frank Wills ~nd Joella and Barrie Vreeland, Mattituck, New York, be granted approval of access on a private road to begin at Captain Kidd and LindaRoad, Mattituck, New York, subject tothe following condition: Southold Town Board of Appeals -3- December 30, 1965 1. ~he brush on the side of the right-ef-way shall be cut back to provide 16 feet of clear access over the proposed road. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, 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 December 16, 1965, be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Doyen. PUBLIC HEARING: Appeml No. 819 - 7:45 P.M.(E.S.T.), Upon application of Mary B. Wood, Peconic Bay Blvd., Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for per- mission to divide property, and for recognition of access in accordance with the State of New York Town Law Section 280A. Location of property: south side Peconic Bay Blvd., Lot ~5, in Arthur L. Downs Subdivision, Laurel, New York~ Fee paid $5.0O. The Chairman opened the hearing by rea~7~he application for a variance and recognition of access, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHA//kMAN: Is there anyone present who wishes to speak in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Are there any questions that any one would like to ask? (There was no response.) Southold Town Board of Appeals -4- December 30~ 1965 MR. BERGEN: We looked over this property. There is no other way to divide this property. MR. HULSE: What is proposed by the applicant is the most practical way to divide the property. After investigation and inspection the Board finds that the applicant wishes to divide a parcel of land and thus create two lots. The lot in question is an oversized lot containing approximately 23,222 square feet. After the division of this property the lot being created directly on Peconic Bay Blvd., will be 9,793 square feet. The rear lot to be created on Peconic Bay will contain 13,429 square feet, which is larger than required by the Zoning Ordinance. The Board finds that this division of property will rmt change the character of the district, as there will still be only one one family dwelling on each of the lots created. The Board further finds that the applicant request recognition of access to the lot to be created on Peconic Bay. This right-of-way will be 15 feet wide and 160.13 feet long, located on the southwest side of the lot created directly on Peconic Bay Blvd. This right-of-way will be used for the passage of vehicles to reach the lot on Peconic Bay. There will be another right-of-way 6 feet wide by 161.13 feet long, located on the southwest side of the lot created on Peconic Bay to be used for walking purposes only. This right-of-way will be used for access to the beach. The Board finds that the 15 foot right of way will be accessible to all emergency equipment. 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 this district. On motion by Mr. Bergent seconded by Mr. Gillispie, it was RESOLVED that Mary B. Wood, Peoonic Bay Blvd., Laurel, New York, be granted permission for the following: Soutt;old Town Board of Appeals -5- December 30, 1965 1. Permission is granted for the division of property as shown on the map by Otto Van Tuyl & Son, dated August 27, 1965, and revised October 28, 1965. 2. Permis~on is granted for the use of a 15 foot right- of-way running 160.13 feet from Peoonic Bay Blvd. to the rear lot created by the applicant, located on the south west side of the lot directly on Pemonic Bay Blvd., to be used for the passage of vehicles to reach the rear lot created. 3. Permission is granted for the use of a 6 foot right- of-way, running 161.13 feet from the beginning of the rear lot created by the applicant to the ordinary high water mark of Peconic Bay, located on the south west side of the rear lot created, to be used for foot passage only for access to the hem ch. Vote of theBoard: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hul~e, Mr. Doyen. PUBLIC HEARING: Appeal No. 820 - 8:00 P.M.(E.S.T.), Upon application of Island's End Golf and Country Club, North Road, Greenport, New York, for a special exception in accordance with the Zoning Ordinance~ Article III, Section 300, Subsection 5 (c) for permission to use property for accessory uses to a golf and country club. Location of property: North side North Road, Greenport, New York, bounded north by other land of Island's End Golf and Country Club, east by land of the Village of Greenport, south by land of the Village of Greenport and L.V. Brown, west by other land of Island's End Golf and Country Club. ~ee paid $5.00. The Chairman opened t~e hearing by reading the application for a special exception, 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? ERNEST RICHTER, (Member of the Board of Directors:) I am here to speak for the application. Southold Town Board of Appeals -6- December 30, 1965 MR. HULSE: What are the accessory uses that this additional land will be used for? MR. RICHTER: Everything that is on the application. The only other possible thing would be a tennis court, but I don't know where that would go. Someone has mentioned a swimming pool, but I don't think that will be for quite some time yet .... everything that goes along with a golf and country club. MR. HULSE: For the present it will be for practise? MR. RICHTER: It will be a putting green, driving range and practise sand trap. THE CHAIRMAN: I believe it is common where the grantee obtains additional land to include it in %he original special exception. That is why you are here tonight, to make this aprt of the original special exception granted for the operation of the golf and country club. MR. HULSE: This is not going to be a public driving range. MR. RICHTER: A person would have to pay the green fees in order to use the driving range. We will not be operating a public driving range. THE CHAIRMAN: Are there any other questions? (There was no response. After investigation and inspection the Board finds that the applicant request permission to use additional land for accessory uses to a golf and country club. The Board finds that the accessory uses will be a putting green, driving range and practise aand trap. The applicant also stated that a tennis court might be installed at some time, however, this would be at some future date. All of these facilities created on the newly acquired property shall be used by the people paying green fees and their guest and shall not be open to the general public. The Board finds that the p~blic 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. Southold Town Board of Ap~als -7- December 1965 On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOL¥~U that Island's En~ Golf and Country Club, North Road, Greenport, New York, be granted permission to use pro- perty for accessory uses to a golf and country club. Location of property: north side North Road, Greenport, New York. A condition of this special exception is: This special exception use shall be subject to all the conditions set forth by the Board of Appeals in the special exception granted to Island's En$ Golf and Country Club on October 22, 1964. Vote of the Board: Hulse, Mr. Soyen. Ayes:-~. Gillispie, Mr. Bergen, PUBLIC HEARING: Appeal No. 821 - 8:15 P.M.(E.S.T.), Upon application of J. William Kastner~ Bungalow Lane, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A~ for permission to divide property. Location of property north east side Bungalow Lane, Mattituck, New York, bounded north by Creek~ east by L. Allemon, south by Bungalow Lane, west by Floyd R. Vail. Fee paid $5.00. The Chairman oP~ the hearing by reading the application for a variance, le~ice of hearing, affidavit attesting to its publication i~°fficial newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application, and that would be you Mr. Kastner. J. W~?.$.IAM KASTNER: May I give him 10 more feet of this land without applying again. THE CHAIRMAN: Whatever is decided here tonight. J. WI?.?.IAM KASTNER: That never was one piece of property, it was always two pieces of property. (Mr. Kastner pointed to the sketch and indicated the dwellings and lot he has sold and the dwelling and lot on which he resides. Mr. Kastner also indicated 25 feet of land that was bought separately at one time. He stated that he had always had two separate deeds for this land.) THE CHAIRMAN: As far as zoning is concerned, If I own four pieces of property and I got them each at different $outhold Town Board of Appeals -8- December 30, 1965 times, they are still considered one piece of property by our Zoning Ordinance. j. WTT,T.I.~M. KASTNER: When I acquired the last piece of property, I put this ~ointing to sketch) on the market in 1944. There was no real estate market then. I had one prospect and that was a priest and he wouldn't come within a thousan~dollars of my price. I had one other offer. A real estate broker called me up and said he had a prospect, to send him the deed. Well, I was told not to ~rust this broker with a deed so I never sent it and I never heard any more from him. At one time I was considering selling the bungalow and having the pmrchaser move it off the property. I have never considered this one piece of property. MR. HULSE: Which is the correct frontage on this lot you've kept for yourself, 100 feet or 125 feet? On one sketch you have 100 feet and on the other you have 125 feet. MR. BERGEN: The frontage is 125 feet. MR. HULSE: How far is the house here (Pointing to sketch$ from this line? J. WILLIAM EASTNER; About 30 to 35 feet. MR. HULSE: These two dwelling are being bought by the same person? J. WTT.TJ. AM KASTNER: Yes. THE CHAIRMAN: The purchaser will probably want to sell ene of the dwellings now. J. W??.T. IAM HASTHER: He does not intend to sell it now. THE CHAIRMAn1: He may not want to sell it now, but he might in the future. Then we would have the problem of dividing this lot again. Cutting up property into small undersized lots tends to decrease the value of the property. J. WILLIAM KASTNER: You speak about the descrease in property values, what about that trailer that has been there without even a permit. That decrease the value of our property, yet we get no decrease in our assessment. THE CHAIRMAN: What trailer is that sir? Southold Town Board of Appeals -9- December 30, 1965 (Mr. Kastner advised the Board of the location of the trailer in Marratooker Park and stated that the trailer had been there for two or three years. He also stated that most of the adjoining property owners signed a petition against the trailer, however, the trailer still remains on the location. Howard Terry, Building Inspector stated that he had filed an information with the Justice of Peace, however, the case is still pending.) J. WILLIAM KASTNER: This trailer cost an adjoining property owner the sale of her property. Mrs. Wickhamwas going to sell her entire frontage. When the prospective purchaser saw the trailer he didn't want to buy the land. Mrs. Wickham told the customer that the trailer was only there for storage until the owner could find a place to put it. The next weekend when the prospective buyer came down to sign the contract the trailer was put on a foundation and a cesspool was being dug. The man wouldn*t buy the property with the trailer there. There is one lot between Mrs. Wickham~s property and the trailer, that is Mrs. Barker's lot. THE CHAIRMAN~ How many people would you say are affected by this trailer. j. WTTm.iAMKASTNER: Everyone in Marratooka Park, Abrams, Richardst C.H. Wickham, Col. Haden..o..o THE CHAIRMAN: How long ago was this trailer parked? j. WTT~IAMKASTNER: About two years ago. HOWARD TERRY: It was more like three years ago. THE CHAIRMAN: Most of the residents of the Marratooka Park area are affected by this trailer and signed a petition requesting the removal of this trailer, which is in existence without a permit on a foundation, with a cesspool , on an undersized lot. t think that we should call this matter to the attention of the Town Board. (A letter was written to the Southold Town Board calling their attention to the existence of this trailer. A portion of the minutes containing information about the trailer given by Mr. Kastner is to be enclosed with the letter.) Southold Town Board of Appeals -10- December 30, 1965 MR. HULSE: How deep is this lot from Bungalow Lane to the Creek? J. WILLL%MKASTNER: About 350 feet THE CHAIRMAN: Are there any other questions ? MR. DOYEN: Where is the access to this lot? THE CHAIRMAN: An additional 10 feet should be made part of this parcel. j. WT?~.IAM EASTNER: I want to use the 10 feet for outside work. THE CHAIRMAN: We can lay down the law on this, and say that you must sell an additional 10 feet before this variance will be granted. MR. HULSE: Does this garage on the 50 foot lot go with the house in the front? J. WILLIAM KASTNER: It goes with both houses. I am not able to maintain all the work on this whole parcel of land that is why. I am selling the 50 foot lot. I gave the purchaser a five year option, I would sell him an additional 10 feet in five years even if I am able to still garden this property. I will sell the 10 feet now if I have to. THE CHAIRMAN: If Mr. Allemon decides to divide this property he will have to get access to the rear lot. MR. HULSE: When he divides the property he will have to apply for access at that time. THE CHAIRMAN: An additional 10 feet would g~e more room in case of a division of this property and if access was needed to a rear lot. j. WTTJ.IAM KASTNER: I will give him the additional 10 feet now. (The Board and Mr. Kastner discussed the additional 10 feet to be sold to Mr. Allemon.) Southold Town Board of Appeals -11- December 30,1965 After investigation and inspection the Board finds that J. William Kastner was the owner of a~rcel of land appro=imately 175 feet by 300 feet. Mr. Kastner then sold one parcel of land with 50 foot frontage on Bungalow Lane, with two dwellings and one garage on it. He retained 125 feet for himself. The lot with 125 foot frontage has one dwelling on it. The lot sold to Mr. Allemon, the 50 foot lot, has less frontage than required by the Zoning Ordinance, however, it meets the requirements for the total area. The Board finds that the lot with 50 foot frontage sold to Mr. Allemon was bought as a separate piece of property by the applicant in 1926. The applicant's remaining piece of property, 125 feet frontage on Bungalow Lane was purchased as a separate piece of property in 1946. The two lots are separated by a hedge and a rail fence. In the Board's opinion this is a unique situation. However the Board requires the applicant to convey an additional 10 feet to Mr. Allemon to give him 60 feet frontage on Bungalow Lane. The Board finds that the division of this property will not change the character of the district as there are other 50 foot lots in this immediate area. 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 chang e the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that J. William Kastner~ Bungalow Lane~ Mattitucke New York~ be granted permission to divide property located on the north east side of Bungalow Lanee Mattituck~ New York. This variance is granted subject to the following condition: 1. Mr. J. William Kastner shall convey to Leon L. and Lores P. Allemon, purchasers of the property to the east~ an additional area described as a parcel of land which is 10 feet on Bungalow Lane, the westerly line of which shall be parrallel to the westerly line of J. William Kastner, estab- lished in 1946 before the 25 foot addition to the Kastner property to the west in 1948. The parcel described which is pie shaped with narrow end toward Deep Hole Creek, is to be added to the parcel of land now owned by Leon L. and Lores P. Allemon described as being 50 feet by 300 feet. The result will give Mr. Allemon 60 feet on Bungalow Lane and slightly less footage on Deep Hole Creek. Southold Town Board of Appeals -12- December 30, 1965 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Hulse, Mr. Doyen. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M.(E.S.T.), Thursday~ January 13, 1966, at theTown Office, Main Road~ Southold, New York, as the time and place of hearing upon application of Helmut Hass~ North Road, Southold~ New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 303, Article X~ Section 1000A, for permission to change lot layout on building per- mits with insufficient frontage and area. Location of pro- perty: south side North Road, private subdivision south side Old Cove Blvd., bounded north by Old Cove Blvd., east by Beverly Road, south by Donal Bowman, - Pond, west by Chester Smulcheski. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Doyen. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M.~.S.T.), Thursday, January 13, 1966, at the Town Office, Main Road, Southold~ New York, as time and place of hearing upon application of Samuel Glickman, Esq., a/c Blake Bolling, Aqueborgue, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 10003A, for permission to operate a non-farm labor camp. Location of property: east side Queen Street, Greenport, New York, bounded north by Simon Malinauckas, east by Mrs. Emil Conklin, south by Steven Sledjeski, west by ~en Street. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Hulse, Mr. Doyen. The meeting was adjourned at 9:30 P.M. Respectfully submitted, ~- Barbara C. Dittmann, Secretary southo