HomeMy WebLinkAboutZBA-05/23/1974 APPEAL BOARD
MEMBER
Robert W. Gillispi¢, Jr,, Chairman
Robert Bergen
Charles Gr~!gonis, dr.
Serge Doyen, dr.
Fred Hulse, dr.
Town Board of Appeals
SDUTHnLD, L. I., N. Y. 11g~71
Telephone 765-9'660
MINUTES
Southold Town Board of Appeals
May 23, 1974
A regular meeting of the Southold Town Board of Appeals
was held at 7:30 P.M. (E.D.S.T.), Thursday, May 23, 1974,
at the Town Office, Main Road, Southold, New York .
There were present: Messrs: Robert W. Gillispie, Jr.,
Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse,
Jr.
Absent: Mr. Serge Doyen, Jr.
THE CHAIRMAN: The decision of the Board of Appeals on
Appeal No. 1809, Dalchet Corporation, which had a rehearing
on May 2, 1974, was postponed until 7:30 P.M. tonight.
The Appeals Board should not be involved in a variance
yielding a larger number of lots. Together we have worked
out a formula. Basically, there shall be no more substandard
area lots in the Dalchet Corporation property other than
this one. If the Dalchet Corporation sells any more lots,
they will have to have an area that shall be equal to or
larger than the area the Town now requires.
RICHARD CRON, ESQ.: There are quite a few lots along Harbor
Lane that have been sold.
THE CHAIRMAN: What you are proposing is to sell off a
13,000 sq. ft. lot. That deficiency will have to be made up
with one or more of the remaining lots.
Southold Town Board of Appeals -2-
May 23, 1974
MR. CRON: Frankly, there is not that much left out
of the whole thing. I think five acres have been sold.
I believe the rest will be sold as four or five acres.
THE CHAIRMAN: The deficiency of the lot area will be
made up by the remaining lots. The remaining lots will
have to be enlarged to pick up the 27,000 sq.
MR. CRON: That should not be any problem if they
sell a four or five acre piece with the provisions that
you stipulate.
THE CHAIRMAN: Is this particular sale going to go
through?
MR. CRON: Yes.
After investigation and inspection the Board finds
that applicant requests permission to set off existing
dwelling on lot with insufficient area and frontage
located on the south side of Main Road, Cutchogue, New
York. The findings of the Board are that the unusual
configuration of the applicant's property, the location
of the barn and irrigation facilities, and the location
of the original farm dwelling, do, in fact, create
unusual and unique difficulties. The Board also finds
that granting the applicant's request to sell off
existing residence with an undersized lot would not
change the character of the neighborhood provided that
conditions are imposed to assur~ the maintenance of
density requirements of the Town.
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 will not change the character
of the neighborhood, and will observe the spirit of the
Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Bergen,
it was
RESOLVED, Dalchet Corporation, Pequash Avenue,
Cutchogue, New York, be GRANTED permission to set off
existing dwelling on lot with insufficient area and
Southold Town Board of Appeals
-3- May 23, 1974
frontage on property located on the south side of Main
Road, Cutchogue, New York, as applied for, subject to
the following conditions:
That the Dalchet Corporation shall furnish
three (3) copies of survey showing all of
the Corporation's property under application
as of date of Rehearing of Appeal No. 1809,
May 2, 1974, and defining the lot to be set off
for sale.
Future sales of all, or any part, of the land
remaining to Dalchet Corporation shall be
approved by the Board of Appeals.
The purpose of imposing this condition requir-
ing approval of the Board of any future sale
is to assure that the substantial area deficit,
of more than 20,000 sq. ft., created by setting
off lot, in the present Action, is compensated
for and corrected by increasing the size of any
future tract or tracts which may be sold or set
off.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse.
Southold Town Board of Appeals -4-
May 23, 1974
PUBLIC HEARING: Appeal No. 1900 - 7:40 P.M. (E.D.S.T.),
upon application of Leonard Trapido, 117-01 Park Lane South,
Kew Gardens, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule for permission to construct addition to dwelling
with insufficient sideyard. Location of property: S/S
Carrington Road, Lot 395, Nassau Point, Cutchogue, New
York. Fee paid $15.00.
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesting to its publication in the official newspapers,
and notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. LEONARD TF~RIDO: I am here to speak for my applica-
tion.
THE CHAIRMAN: As I understand this application, you
propose to put up a blank wall.
MR. Tk~PIDO: That's a first step. That would be the
only violation that I plan. When I moved into NassauyPcint
I was very impressed with the area. I resented the fact that
I had to take over property that was owned by birds and
animals. That's why I built an all cedar house. I am in
the luggage business; when there was a shortage of plastic,
I was busy and neglected to keep pace with what happened
to those two properties. The east side of my house was
unfinished, that is a low part. The living room has a 25'
ceiling. There are windows on the north and south side.
They are very large windows. There are no windows on the
east side because that's where the garage is supposed to
be. This wall will be developed in the manner shown, -and
within the 15 foot limitation I plan to put up another wall
and then put a roof on. It would meet the zoning law.
THE CHAIRMAN: How big a sideyard would you have?
MR. TRAPIDO: The wall is 6" wide, it is more like a
fence excepting that it is higher than a fence but, getting
back to your question, I am left with 8' between the end of
that wall and the adjoining property.
THE CHAIRMAN: I.t means that you would have a total of
18 feet in sideyards. How far away is the adjoining house?
Southold Town Board sof Appeals -5-
May 23, 1974
MR. TRAPIDO: The person who has the next house is
behind my house and there is the width of a lot between
where I want to build and Vanston Road.
THE CHAIRMAN: Lot 394 is the one we are talking
about.
MR. TRAPIDO: Her marker is set back from the road
such a distance that people get the idea there is a lot
between us.
THE CHAIRMAN: I think this is the first application
we have had for a false wall. You intend to fill in?
MR. TRAPIDO: At the point where I become 15 feet
from the next property a real wall will go in. I can then
have a garage. You can have 15 feet to the next property
if you have 10 feet on the other side.
THE CHAIRMAN: This is not an undersized lot by pre-
existing Ordinance. Now, the sideyard requirements are
35 feet but that can be varied by the Building Inspector
by 25%.
THE CHAIRMAN: Does anyone else wish to speak for this
application?
MRS. TRAPIDO: We have discussed this with the neighbor
involved. Her house is built on the other street. She has
a corner property so that her house is quite a bit beyond
our house. This, actually, would face the width of the
hQuse.
MR. TRAPIDO: We also spoke to the neighbor across the
street. They thought it would be a good idea because that
side of the house is raw.
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 applicant requests permission to construct addition
to dwelling with insufficient sideyard on the south side
of Carrington Road, Lot No. 395, Nassau Point, Cutchogue.
The Board finds that the east side of the house was
originally planned for a garage addition but an over-
sight was made in the excavation and the applicant feels
that this wall would add a finished look. It will be a
wall running at right angles to the adjacent property and
will not block it off. The Board agrees with the reasoning
of the applicant.
Southold Town Board of Appeals -6-
May 23, 1974
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 will not
change the character of the neighborhood, and will observe
the spirit of the Ordinance.
On motion by Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED, Leonard Trapido, 117,01 Park Lane South, Kew
Gardens, New York, be GRANTED permission to construct addition
to dwelling with insufficient sideyard,on the south side of
Carrington Road, Lot 395, Nassau Point, Cutchogue, New York,
as applied for, subject to the following condition:
That applicant maintain his sideyard to the extent of
15 feet with the exception of the false wall area;
the false wall shall be no thicker than (1') one foot.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse.
PUBLIC HEARING: Appeal No. 1901 - 7:50 P.M. (E.D.S.T.),
upon application of Paul and Jacqueline Kelly, 101 Wallace
Street, Freeport, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule for permission to divide property with insufficient
width and area. Location of property: N/S Private Road,
W/S Camp Mineola Road, Mattituck, bounded north by Folly
Beach Ltd., and Allen; east by B. Snyder; south by Private
Road; west by B. Hart. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
(There was no response.)
Southold Town Board of Appeals -7-
May 23, 1974
THE CHAIRMAN: The application is signed and notarized
and accompanied by a sketch. However, Judge Kelly has not
seen fit to fill out the application giving his reasons
for the appeal. In talking to our Town Attorney I find
that there is nothing in our Ordinance that says that a
person has to support his claim in writing. He may do
that at the hearing.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals, in the
absence of Judge Kelly, postpone decision on Appeal No. 1901
until 7:30 P.M., Thursday, June 13, 1974.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse.
PUBLIC HEARING: Appeal No. 1903 8:00 P.M. (E.D.S.T.),
upon application of Peter Dohrman a/c Harold Wohl, Smith
Road, Peconic, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-30, 100-31,
100-32 and Bulk Schedule for permission to construct deck
with insufficient side and rear yard. Location of property:
east side Oak Street, Cutchogue, Lot ~'s 24 and 1/2 of 25,
Eugene Heights. Fee paid $15.00.
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesting to its publication in the official newspapers,
and notice to the applicant.
THE CHAIRMAN: The applicant is the owner of an under-
sized lot. In his rear yard there is a retaining wall
which was there when he bought the property. He proposes
to put a deck out from the rear of his house extending
toward the creek. I believe we previously limited ~he
applicant to the line established by the neighbor's
re~aining wall on the front. Perhaps we could grant this
appeal if the applicant limits the deck to the rest of
the retaining wall, in other words, stop on the retaining
wall.
THE CHAIP~AN: Is there anyone present who wishes to
speak for this application?
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