HomeMy WebLinkAboutZBA-02/27/1969 £App
$ u h ld Town oard o eals
~r~l. ITl-I~l...l~, I_. I., N.Y. 119~71
Telephone 765-2660
APPEAL 8OAgD
MEMBER
Robert W. Gil[ispi¢, dr., Chairman
Robert Bergen
Charles Grigon[% Jr.
S¢r~¢ Doyen, Jr.
Fred Huls¢, Jr.
B{INUTE S
SOUTHOLD T(N~I BO~J) CF APPEALS
February 27~ 1969
A regular meeting of the Southold To~ Board of Appeals
was held at 7:30 P,M,, Thursday, February 27, 1969,at the Town
Office, Main Road, Southold, New York,
There were present: Robert W. Gillispie~ Jr.~ Chairman;
Fred Hu!se, Jr,~ Charles Grigonis~ Jr,~ Serge Doyen~ Jr.
Absent: Mr, Robert Bergen
PUBLIC HE~,ING: Appeal No, 1229 7:30 P.Mo(E~$oT,), Upon
application of Herbert ~ud Louise Eggert~ East Gillette Drive,
East Mmrion, New York~ for a v~riance in accordance with the Zoning
Ordinance, Article III~ Section B0~ and 305~ for permission to
reduce established front yard setback, Location of property: east
side Gillette Drive, Ms. rion Manor Subdivision, Lot #82, East ~rion,
New York, Fee paid $5,00,
The Chairman opened the hearing by reading the application
for a variance, legal notice of heaz~g, affidavit attesting to
its publication in the official newspaper~ and notice to the
applicant,
THE CHAIRML~N: IS there anyone present who wishes to speak
for this application?
~, ~GGEkT.~ ' I. woUld like to speak,
-2- FebrUary 27~ 1969
Southold T~vn Board of Appeals
TH~C~L~I~W~2.I: I have a letter here from Manor Grove Corp,:
dated February 2~: 1969: Re- application of Herbert & Louise Eggert
East Gillette Drive~ East ~4arion:New York,: Go the Zoning Board
of Appeals:
'~Gentlemen:
~e are the owners of over 40 lots and parcels of land in 5~rion
·Manor ~at East ~4arion~ New York~ and %?e are the successors ~nd assigns
of Peter Blank & Son ~nd have succeeded to the rights of the latter
in the deed restrictions in liber B541 page 561 which affect all lots
in ~rion ~V~nor Development including the sub3ect one above captioned,
WAs you know: these deed restrictions~ separate and apart from
the T~vnRegulatinns also restrict the type of construction: set backs~
and lot restrictions: etc,:and also apply to any alteratic~s and ~uy
such construction and alteration must receive the approval of this
company providing Tov~Regulations are also complied ~ith,
'~e understand that the applics~t plans extensive alterations
to the 9~rage as ~ve!l as the dwelli~g, There is no approval nor
disapproval outstanding on any set of plans by us for this applicant
since we do not have a set of pians~ Accordingly~ v~e do not know
-~hether the proposed chan~es and alterations would blend in with
the community nor do we have any knowledge if the proposed changes
will comply with t~e deed restrictions, We do not think the~e will
be any hardship to this ~oplicant in following the proper procedure
nor in a denial of the application at this time since they have
resided there servera! years under present conditions,
"it has been the policy of this company to follow the deed
restrictions and the Town Regulations so as to protect each
individual owner ~o has already p~rchased and built a home and also
to keep the development in its present character and in conform~ity with'
the present use,
"In as much as the applicant has not even received ~oproval as
set forth in the deed restrictions we must accordingly under these
circumstances voice our very strenuous opposition to any variance
at this time and ~e respectfully request the ~oning Board.of Appeals
in its 3ud~ment to strictly construe its rules and requlations in this
application and to therefore deny this request for a var~ce,
you for your consideration of this letter,
~espectfu!ly submitted, ~nor Grov~ Corp~ by /s/ F, ~, T&denling,"
Southold To~ Board of Appeals -3- February 27~ 1969
TP~ CHAIpdv~a3~: Did you get a copy of this letter?
~,~. BGO~RT: Not a copy~ but we got a letter reminding us that
there could he,no consideration by the Town ua~less we got their
approval first. I cam't see the difference between getting their
approval first and vice versa.
TI{E CHAIRMAN: We are not concerned with deed restrictions~
they are not.binding here,
~Q, EGC~ERT: I know I have to go the ~nor Grove Corp~ after
I have the approvalhere.. I did send in a set of plans. First I
was in ~. Price~s Office to see how I could get approval of this.
! had my plans with me. 5~. Tedenling was there and he took my plans
and said I should have approval in a few days. We waited and we
didn't get any response, T~hen they said we did not send elevations.
We sent elevations, Then we had difficulty getting our plans back.
THE CHAI~$: That was their only response?
,MR. BGC4ERT: He said he would just take them and send them
right back. Now~-in order to Get my plans back I have to go visit
him
in
the
area:o~ Long Island City, I will have to take a day
off from work to get approvat~ and I would like tohave approval
here.
THE CPL~IRg4~: What is the distance of the house from the lot
line now?
~q. EGG~RT: About 25 feet.
THE C~IR~L~N: You would like to reduce the front yard do~ to
18 feet.
MR. EGGE~ RT: That is what we would like to do, yes.
THE CSL~I~4AN: What is the size of this garage~
~vA~. EGGERT: I think the size is 18 feet by 11 feet.
THE CN3.I~ZJ~t: Do you plan to make a two car garage?
MR. ECK/ERT: Yes.
~. TERRY,(Building Inspector): If you wOUld lit him gome out
to 20 feet, that would give him the five fee~
THE CHAIPJ~N: What is the setback on this lot no~v?
MR, TERRY: It is 25 feet and he wants to reduce it to 20 feet.
MR. DOYLE: %~hy was this set back 25 feet to start with?
~q. TERRY: It was under construction before the Ord~L~nce and
before werequired permits.
SoHthold Town B~r~d of Appeals
-4-
FeD~uary 27, 1969
THE CHAIRM~kN: Here's another point, ky was this lot approved
when it is only I00 feet deep?
TERRY: There are several lots that are only 100 feet deep.
~. DOYLE: This was prior to the Ordinance and it didn't make
any difference.
THE C~IRMAN: Under our new Ordinance this house would
establish a setback at 25 feet. If you ~crease that you are
establishing a setback to 18 feet.or 20 feet.
I~. TERRY: Your established setback is 25 feet. If you 9ire
a variance that will not affect the others.
THE CHAIR~A2N: This lot is number 82 and from what I can see
this lot is not excepted from the Ordinance,
~R,. PUJLSE: Probably because the lot was already constructed
on at the time,
MR. TERRY: ~ Right across the street there ~re houses
set back 20 feet.
THE CHAIPaYLA~I: W/aat is behind your property?
[vlR. EGGERT: Gardiners Bay Estates.
TP~ CF~IRMAN: I think I would be willing to go along with
a reduction to 20 feet. I don't tcaow how the rest of the Board
feels. Is there anyone else who wishes to speak for this
application,
(There was no response,)
TH~CF~IR~D~N: Is there anyone present who wishes to spe~
a~ianst thisapplication2
(There was no response.)
After investigation and inspection the Board finds that the
applicant requests permission to reduce fro~t yard setback. This
is a unique hardship in that the house in question was constructed
prior to t_he zoning Ordinance~ thus no front yard setback was
observed. The Board also finds that the applicant was one of the
first to construct a home in this particular subdivision, A
reduction, of front yard setback will not change the neighborhood
as the houses directly across the stree* from the property in
question are permitted a front yard setback of 20 feet. The
Board is in agreement with the reasoning of the applicant~ and
they are willing to reduce the front yard setback to 20Deet~
instead of 18 feet as requested by the applicant.
Southold Tova~ Board of Appeals
-5-
February 27s 1969
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 vicinity of this property and
in the same use district; and the variance does observe the
spirit of the Ordinance and would not change the character of
the district.
On motion by Mr. Grigonis~ seconded by Mr. Gillispies it was
RESOLVED Herbert and Louise Eggert, East Gillette Drive,
East B~ion, New Yorks be granted permission to reduce the
established front yard setback to 20~e~t~on property located
east side East Gillette Drive, ~rion ~nor Subdivision~ Lot #82,
East M~rions New York°
Vote of the Board: Ayes:- Mr. Gillispies ~. Hulse, 5~.
Grigonis, Mr. Doyen.
On motion by I~r. Grigonis, seconded by ~. Hulse, it w~s
PCESOLVED that the Southold Town Board of Appeals set 7:30 P.M.s
Thursday, ~£~h 13, 1969, at the Tovm Office~ ~in Roads Southold,
New York: as the time and place of hearing upon application of Leo
Steedle~ S F~obe! Court~ Baldwins New York~ for a variance in
accordance with the Zoning Ordinance, Article IIIs Section 305,
for permission to build new- one family dwelling with reduced front
yard setback. Location of property: west side of private right-
of-way off south side of King Street~ Orient~ New Yorks bounded north
by Charles Eru!l~ east by James Douglas~ south by James Douglas,
west by Orient Harbor.
Vote of the Board: Ayes:- ALL
On motion by I~'~. Grigoniss seconded by ~4r, Hulse, it was
RESOLVED that the Southold Town Board of Appeals set 7:45
Thursday, ~rch 13s 1969~ at the Town (tffice~ ~inRoad~ Southold,
New Yorks as the time and place of hearing upon application of
Georgia C. Fo×s 1320 Fox Road, Orients New -forks for a variance in
accordance with the Zoning Ordinance~ Article III~ Section 303~ Article
X: Section 1000A~ for permission to build new one family dwelling
with reduced frontage and area~ and for approval of access to private
right of wa}, in accordance with the State of New York Town L~w~
Section 280A. Location of property: right of way off west side of
Village Lanes Orients New Yorks bounded north by Ao Younies east by
Oyster Bonds Historical Societys south by A,~. Van De Water~
west by Orient Harbor.
Vote of the Board: Ayes:- ALL
Southold Town Board of Appeals
-6-
February 27~ 1969
On motion by M~. Gillispie, seconded by ~. Hulse, it was
RESOLVED that the Southold Town Board of Appeals set 8~00 P.M.,
Thursday~ March 13~ 1969~ at the. Tov~a Office, MainRoad, Southold,
New York, as the time and place of hearing upon application of
g~hirtey Sa!and~ MainRoad, Mattituck~ New York~ for a special exception
in accordance with the Zoning Ordinance, Article III, Section 300~
Subsection 5 (a)~ for permission to convert existing building
into two family al%veiling. LOCation of property: south side Mair~qoad,
I~ttituck, New York, bounded north by I~in Road, east by F~ Sidor~
and Billard, south by Mattituck,Estates a~d Sidor~ west by Martin
Filla.
Vote of the Board~ Ayes:- All
On motion by ~, Doyen~ seconded by ~z. Grigonis, it was
RESOLVED that the Southold Town Board of Appeals set 8:15 P.M.,
Thursday~ ~4arch lB, 1969, at the To~ Office, Main Road~ Southoid~
New York~ as the time and place of hearing upon application of Shirley
Saland, MainRoad, ~*~ttituck, New York, for a variance in accordance with
the Zoning Ordinance~ Article III, Section BOB, Article X, Section
!O00A, for permission to set off lot with dwelling with less than
required frontage. Location of property: south side ~in Road~
~ttituck, New York~ bounded north by 5~inRoad~ east by Frank
and Billard ~ south by ~;~ttituck Estates~ and Sidor, west by ~artin
Filla.
~ote of the Board: Ayes :- ALL
On motion by ~ro Grigonis, seconded by Mr. Gillispie, it was
RESOLVED that the Southold To~m Board of Ap~als set 8:30
Thursday, March 13~ 1969, at the Tov~Of£ice, MainRoad, Southold,
New York, as the time and place of hearin~ upon application of
Julius Zebroski, Bayview Road, Southold, New York, for a variance
in accordance with the Zoning Ordinance, Article III, Section
~ticle X, Section 100OA~ for permission to use lot.wlth
sufficient £rontage on public street. Location of property: west
side Ole ~ule Lane, and west Side Channel Lane, ~4attituck New
York, bounded north by Channel Lane~ east by Ole Jule Lane~ south
by Colette Rivolta, west by canal,
Vote of the Board~Ayes:- ALL
On motion by Mr~ Gillispie~ seconded by ~lr~ Grigonis, it was
RESOLVED that the minutes of the Southold Town Board of Appeals
dated January 30, 1969, be approved as submitted,
Vote of the Board: Ayes:~ ALL
The meetin~ wad adjourned at 8:A0
R~pectfu!ly submit t e~d~
Barbara C, Dittmann, Secretary