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HomeMy WebLinkAboutZBA-12/05/1968$outhold Town Board eals ~I~1~THrlI_D, L. I., N. Y. Telephone 765-~660 APPEAL BOARD MEMBER Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grigoni$, Jr, Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS December 5,~ 1968 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P~.-M.~,: Thursday, December 5, 1968e at the Town Office, Main Road~. Southold, New York, There were present: Messrs: Robert W. Gillispie, Jrt,-Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis,. Jro~ Serge' Doyen~ Jre Also present: Howard Terry, Build/ng Inspector PUBLIC HEARING: Appeal No. 1221 - 7:30 P%~H~ .(EjS%'T*')~ upon application of North Fork-Lions Club of GreenpOrt and Rotary'Club of Greenporta P¥Oe~ Box 204~ Greenport~ New York~ for a special exception in accordance with the' Zoning Ordinance~ Article III~. Section 300a Subsection 10a for permission to erect an off premises directional sign on the property of Floyd F. King~ Jr. Location of property= north side of Route 25~ Greenport, I~ew York~ bounded nOrth by'L~'Ij Sound, eastby Ernes~ Wiggins~ south by Main Road and Do Ripley~ west by William J. Pollert. Southold TOWh Board,~Appeals -2- ~ December 5~ 1968 The Chairman opened the 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 CHAIR/~AN: Is there anyone present who wishes to speak for this application? (There was no response°) MRo' HULSE: The representative of the Rotary Club called me~ he planned on being here~ but he had to go out of town this evening° THE CHAIRMAN: Did he 'say where they wanted to put the sign? MR. HULSE: No~. he did not. I don~t believe they know yet° They have to talk to the club and find out" HOWARD TERRY: Preferably near the club~ MR° BERGEN: I understand the sign will contain 2 different emblems ? THE CHAIRMAN: Yes.~. on the, same post~ HOWARD TERRY: The same as the other ones they have~- THE CHA~: The Rotary Club is going to permit the Lions Club to Join them on the same sign° MR°' BERnE. N: These signs are not actually directional signs° They are .just information signs to let the people know that there is a Rotary Club and Lions Club in the' Town° THE CHAIRMA~: Well~ then they are actually co%trtesy signsJ THE CHAIRMAN: Are there any further questions? ~There was no response.) THE CHAIRMAn: Is there anyone present who wishes to speak against this application? ~(There was no rssponseo) After investigation and inspection the Board finds that the applicant requests permission to erect ~f premises signs for the Rotary Club and Lions Clubo These signs are in the interest of the general public in view of the fact they advise there are such clubs in the community. The signs also advise of the time and place of meeting of these clubs° This sign shall be located Southold Town Board of Appeals -3- December 5, 1968 PUBLIC HE$~ING: Appeal No. 1222 - 7:45 PoM.(B.$.T.)~ Upon application of Rev. Robert C. Haupt, 52 New ~%~ill Road, Smithtown~ New York, for a variance in accordance with the Zonin9 Ordinance, Article III, Section 307, for permission to construct addition with insufficient side yard. Location of property: Lots 73 & 74 of Gardiners Bay Bstaees, east side of private road~ Bast Marion~ New York: bounded north by H.C. Heess~ east by A. g. Vishhauser~ Month by H.F. Rossmeyer: west by private road. Fee paid $5.00. The Chairman opened the hearing by readin~ the application for a variance, legal notice of hearing~ affidavit attestin9 to its publication~ and notice to the applicant. THE CHAIR~J~N: Is there anyone present who wishes to speak for this application? REV. ~UPT: Gardiners Bay Co. must approve all plans for bu~din9 in here. They have reviewed this and they have 9iven approval of it. I have the approval with me if you would like to see it. THE CHAI~kN: Their requirement is six feet on the side yard? MR. PLAUPT: Yes. THE C~a. IRMAN:~ This Gardiners Bay Estates is par~ of the Zoning Ordinanee, I believe. This means that several of the lots down there are undersized, as you s~ated in the application. Obviously, zoning can't change something that has already happened. On the side of the lot where you propose tomake the addition you have 18 feet° On the other side you have 38 feet. How much distance is there between this lot line ~d the house to the north? 9~{. ~UPT: About 30 to 35 feet. I~HE CFJ%iRMAN: It looked like that to me. Do you use this house yourself ~ MR. HAUPT: Yes. BERGEN: Do you live there year around? 5~. HAUPT: ~ don't have heat in it as yet. MR. BERGEN: Are there people aroundyou year around? MR. HADq~T: No on that street. Southold Town Boar? ~f Appeals -4-~_ December 5~ 1968 THE ~HAIRMAN: Their restrictions on the side yard are 6 feet? MR%- HAUPT: They had 6 ft. restrictions on the si~e, yard~, yes. THE CHAIRMAN: Their deed restrictions goway back into 1920~s don' t thef ? MR. HAUPT: I don't know? MR. BERGEN: Well, they go back at least to 1952 when he purchased the property~ THE CHAIRMAN: I think Gardiners Bay Estates is p~t of the Ordinance In other words~ a special exception was decreed in the Ordinance. This ~vea was practically fully developed with undersized lots. The lots were not large enough or wide-enough and the street is not wide enough= so the Town could never take over the roads. On the north Side of the lot where you pmopose to made the addition you have 18 feet,, on the other side you have 38ft. How far is it from the north lot line to the nearest house ? MR: HAUPT: I have that in the Dppl~cation.. I think it is 35 to 40 feet to the nearest structure on the north side. THE CHAIRMAN: Do you use this house yourself? MR~.~ HAUPT: Yes~. S~r. THE CHAIRMAN: Year-round? MR. HAUPT: NO1, we don't have any heat in itl THE CHAIRMAN: I think most ofthe homes in Gardiners Bay'Estates are summer homes. But of coursea jUst' about everyone' who buys a summer home does so with the idea of converting it into a retirementS'home. In your case we can automatically grant a 5~reduction in your side yards. MRjBERGEN: Did you by any chance ask your neighbor what he thinks of it? MR%'HAUPT: Yes~ I did. He has no objections to it. I took several alternative plans over to him and we both decidedthat this would be the best plan. THE CHAIRMAN: You stated in the application that a more drastic remodeling and reconstruction of the present interior and exterio~ would be required to permit the building of an additional rooma and the added costwould be~cgn~de'rable,. The Boar~ is not permitted to consider financial hardship as grounds for granting a varmanceo Southold Town Board~Appeals -5- ~December 5~ 1968 EJ HAUPT: I think the appearance of the house has to be taken into consider~cion. This would be a continuation of the lines of the house we have at the present time° THE CHAIRMAN: Wells there is nothing in the Ordinance to ~cove~ appearance. MR.' HAUPT: I think the main reasoning of my application is the understanding that this could be done when we built the house. 1~:~o HULSE: When did you build the house? MR.~ HAUPT: Between 1953 and 1954o THE CHAIRMAN: At that t/me there was no Zoning Ordinance. The only thing that restricted you was the deed restrictions for 6 foot side yardsl So it seems a little unreasonable to require Gardiners Bay Estates te conform to the full sideyards under the Ordinance. You actually have no hardship.because you have plenty of room on the other side° But the people directly' across the street-from you-were granted a 5~ reduction in their side yards. You are asking for approximately the same privelege when you go to 6 feet~, so with your testimony that this was the original plan for the house~ I would be inclined to grant this because Gardiners Bay'Estates is part of the Ordinance. THE CHAIRMAN: Is there anyone present ~ho wishes to.speak against this application? (There was no response. After investigation and inspection the Board finds that the applicant requests permission to construct an addition with insufficient side yard° The applicant is the owner of two lots in Gradiners'Bay Estates° This subdivision was made part ofthe Zoning Ordinance in 1957 as the lots in this subdivision are undersized. All undersized lots held in single and seperate ownership are automatically granted a 50% reduction in side yards, The granting oft his variance will not harm the area° The Board also points out that the street this lot fronts on will never become a Town road in view of the fact that it is too narrow° The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is 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 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 .... Southold Town Board/~f Appeals -6- ~,December 5, 1968 RESOLVED Rev. Robert C. Haupt,: 52 New Mill Road,, Smithtown, New York,. be granted permission to construct an addition with insufficient side yard~ property located east side of private road,, East Marion~ New York. Vote of the Board= Ayes:- Messrs: Gillispiee Bergen~ Hulse~ Grigonise Doyen. On motion by Mr. Gillispiee seconde~ by Mr. Bergen~ it was REEd3~VED that the next meguliLt: meeting of the' Southold Town Board of Appeals will be held at 7:30 P.M,'e. Thursdaya January 1969e at the Town Officer, Main Roa~e Southold~, New York. Vote of the Board= Ayes=- Massrs= Gillispie~ Bergen~ Hulsee Grig.hiS e. Doyen. Please be advised that these minutesjwere compiled solely from the ta~e 'recorder. Respectfully submitted,. Betty Ne~illef. Secret~y SOUthOld Town Board of Appeals