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HomeMy WebLinkAboutZBA-10/23/1969 $oUthold Town Boar ppeals -qOUTHOLD, L. I., N. Y. Telephone 765-~6~50 APPEAL BOARD ME'~BER Robert ~,/. Gillispi¢, Jr., Chairman Robert Bergen Charles Grigonis~ Jr. Sers¢ Doyen, Jr. Fred Hals¢, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS October 23~ 1969 A regular meeting of the Southold Town Board of Appeals was held at 7:30 Pi'Mj~. Thursday~ October 23~ 19694. at the TOwn Offices. Main Road, Southold~ New York. ~- There were present: Messrs: Robert W' GillisPie~ Jrt, Chairman; Rober~ Bergen; Charles Grigonis~ Jr,; Fred Hulse, Jr. ' Absent: Mr~ Serge Doyen~ Jrl PUBLIC ~RING: Appeal No. 1292 - 7:30 upon application ~f Harry ~d Evel~ Me~s~ Route 25~ Orie~%~ New York,~ ~r approval of access to ~ivate roa~ in ~corda~e Wi~ the State of New York T~n ~w~ Section 280A. ~ L~ation of pro~rty: private right-of-way off north side of Route Orient~ New York~ bounded nor~ by' L%'I~~ So~d,. east by Dei~f~ sou~ by H~e~ west by land of applic~t. Fee ~id $5.00. An amendment was made to this application pursuant to telephone call received from applicant to0_ay,~ as follows: SOuthOid Town Board c~i, ppeals -2- ~'ptober 23, 1R69 REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance () 'is requested for the reason that: to change, the existing right-of- way to position shown on, survey. THE CHAIRMAN: Then this is really a re-location of a right-of- way. ~hey already had a right-of-way here, The Chairman opened the hearing by reading the application for approval of access., legal notice of hearing, affidavit attesting to its publication in the official newspapers, ~nd notice to the applicant, THE CHAIRMAN: Is there anyone present who wishes to speak for ~his application? MR%- HOgA%RD TERRY~i BUILDING INSPECTOR: The people were in yesterday and they made the changes in the-sketch where they want to change the right-of-way. They talked to Deidrick and he is going to give them a letter in writing saying that he wants the right-of-way to run on his property just outside of their, property line instead of in on their property' line. And they Will have from Van Tuyl~i a description of this as it will border this property of Mearns and make a turn here to come back into Deidrick's~ Deidrick eventually has an intention of building some more cottages in here,, this is why he wants to kccp in on his own property,, instead of running in onto theirs. THE CHAIRMAN: The applicant is Mearns? MR% I~RRY: That's right~ Mearns owns this whole strip here (referring to sketch) MR%~ HULSE: The right-of-way is now on Deidrick's property? MRj TERRY: That's right. The right-of-way is now on Deidrick's property and he wantS~to keepit on his property~ but put it along Side of his line so they can get .access. They will have a description from Van Tuyl and a letter from Deidrick' THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHA~: Is there anyone present who wishes to speak against this application? ~ $outhold Town Board ~'~Appeals -3- ~,ctober 23~, 1969 (There was no response.) After investigation and inspection the Board finds that the applicant requests permission for approval of access over private right-of-way. The Board finds that the applicant does not wish to create another right-of-way, but to re-locate the present right-of-way to better serve himself and the adjoining property owner to the east, Deidrick.' The proposed right-of-way is to be located on the westerly side of Deidrick's property just @utside of Mearn!s property line. Mr~ Deid~ick approves of this location of the right-of-way and is to send a letter stating such. The Board finds that strict application oft he Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the L~ediate vicinity of this property' and in the same use district; and the variance will not change the character of the neigb_borhood~ and will .observe the spirit of the Ordinance. On motion by ~rl Gillispie, seconded by Mr. Bergen, it was RESOLV~OHarry and Evelyn Mearns, Route 25, Orient~ New York be GRANTED approval of access over private right-of-way as applied for in the revised drawing, wherein the 16½ ft. proposed right- of-way borders the applicant's property on property of Deidrick. Location of property: privat~ right-of-way off north side of Route 25~ Orient~ New York~ This approval of access is granted subject ~o the following conditions: 1. The right-of-way is to be properly described~, subject to the approval of the Building Inspectora by Otto Van Tuyla surveyor. 2. A letter to be received from Deidrick~ whose property the right-of-way is to be placedE saying that he approves of it and gives his permission' 31 The right-of-way must be improveda subject to the approval of the Building Inspector. It must be graded~..then covered with gravel. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Hulsea Grigonis. PUBLIC BE~4kING: Appeal No. 1293 - 7:45 upon application of Herman Pochera Camp Mineola Roada Mattituck,. New York~ for a variance in accordance with the Zoning Ordinancea Article III~ Section 303,. and Article X& Section 1000A~ for per~ miss~bn to d/vide lot with insufficient area. Locatio~ of property: west side of Camp Mineola Road~ Mattit~ck~ New York,. bounded north by Howell Estate~ east by Camp Mineola Roa'd, south by other land of applicant~ west by private right-of-way. Fee paid $5.00. Southold Town Board i~ Appeals --4-- October 23~. 1969 The Chairman opened the hearing by reading the application for a variance~ tegal notice of hearing~ affidavit attesting to its publication in the official newspepers~ and notice tot he applicant. T~E CHAIRMAN: Is there anyone present who wishes to speak for this application? MR%~ ~'POCHER: Yes~ my name is Mr. Herman Pocher. bought this 100' x 100' piec~ :(southerly lot) in 2 seperate lots from Judge Howell. (referring to sur~ey) On this 100' x ,100' Piece (northerly' lot)~, I would like to put a one family dwelling similar to the one in which I now live, I live on the adjoining lot to the south. E-,~ BERGEN: (referring to survey) This lot is the one on which your house is' located (southerly lot) ? It is 100' x 100' and you say you purchased it in 2 seperate lots? MR'~' POCRER: Well~ I was under contract to purchase 50'x100' but we never closed on-it. Then I talked him into selling me another' 50' ,and I actually bought it as one lot 100t x 100t. MR. HULSE: So you never actually bought a 50' lot~ right? MR.' POCHER: Yes~ that's right. THE CHAIRMAN: These two lots are presently combined~, which gives you 200 ft. on the right-of-way. MR%~ POCHER: Yes~ that's right. The southerly lot I purchased in 1958~ the northerly lot in 1960, both lots were 100' x 100~o MR~ BERGEN: Then~ they were under-sized lots when you bought them? MR%~ POCHER: I was unaware of this. At the time I bought them.~ Judge Howell sold t hem to meas building lots. MR%~ GRIGONIS: But at that time the minimum' building lot was 12~500 sq. ft~ T~IECHAIRMAN: Yes~ but Judge Howell sold him 102000 sq. ft. ~and told him it wasan acceptable building lot. The ~pplication is to divide 10~000 sq. ft. off of 20w~O00 sq~ ft. These, two parcels were,originallY purchased seperately.~ The lots acrOss the street~ the minor subdiviSion~ I believe have 14~000sq. ft. per lot. MRs. BERGEN: What is a minor' subdivision~ 3 lots or under? Southold Town Board ,~? Appeals -5- ',October 23.~, 1969 MRi~ T~RRY: A minor subdivision is 5 lots or under.~ Howell's subdivision is 4 lots. One already has a house built o~ it,~, there are 3 lots ,to be ~usede' THE CHAIRMAN: Is Judge Howell living now? E~~ POCHER: No~ he is now deceased. He was living then~ he divided the lots this way~, and he sold them to me. THE CHAIRMAN: The sale of these lots by Judge Howell to you was illegal from .the zoning standpoint. What I mean is illegal to build on. You can sell or buy any size lot~ but that does not mean that you can build a house on it. MR-~~ POCHER: Yes$ I understand that now. But I was under contract with Judge Howell to ~uy these lots a couple 'of years before the Zoning Ordinance. THE CHALRMAN: This contract was initiated before the Zoning Ordinance ? MR~~ POCHER: Yes a it was. TH~ CHAIRMAN: The application says that the neighborhood is entirely developed on this Size or smaller lots, so this will be in keeping with the area development~ is that correct? MRS2 POCHER: All along the shore the lots are 60 ft. Judge H~well divided them up this way. The lot immediately south of ~y house is only 50' x 100~3 and it has a house built on it. THE CHAIRMAN: But you purchased these lots after i957,i~ after the Zoning Ordinance. MR.~ POCP~R: Well~,, I was unaware of this at the time. MR~ B~GEN: Well~ I hope you realize now that if we pass this you will not be able to get a variance on the side lines. ~ou will have to build a house to fit the lot. THE CHAIRMAN: We are being asked to approve of an illegal sale. MR%~ POCH~R: I certainly was not aware of the fact that it was illegal when I purchased them. Judge Howell told me they were bu/~l ding lots. THE CHA~: You have a buyer for' this lot now,~, is that correct? Could you possibly obtain a~cther 25 ft..from the Howell Estate? Southold Town Board ,(= Appeals -~6- ~ October 23~ 1969 M~j POCP~R: I have tried very hard to do this. I tried to get it from Mrs~ Gregory,~ who is Judge Howells daughter and from the executor of the esta~e~, but this property' was set .up in trust for the grandchildren,., so they would not sell it. Has there been any precedent in granting a variance of this type in this area? THE CHAIRRA~{: Well~ we try not to be influenced by~them~ because some of the applicants who have come in here have.done this SOrt of thing del/beratelyo 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 applicant requests permission to divide property with insufficient ~rea. The applicant is the Owner of the adjoining southerly lot ~ on which he has a house~ this lot is also 100~ x 100~.- Applicant originally purchased these two lots seperately with the intention of having a dwelling on each. The sale of these lots was illegala the applicant was-unaware of this at the time. The entire neigh- borhood is developed with one family dwellings on lots this size' or smaller. The Board feels that this application shouldbe granted in'view of the fact that they are unable to change the actions of the deceased who sold the property' to the applicant. The Board finds .that strict application of the Ordinance wouls produce practical difficulties or' unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediatevicinity of this property and in the sameuse district; and the variance will not change the character oft he neighborhood and will observe the spirit of the Ordinance, On motion by Mr. Grigonis~ seconded by'Mr. Bergen~ it was ~ESOLVEDHerman Pocher~ Camp Mineola Road~ Mattituck~ New York~ be GRANTED permissionto divide lot with insufficient area as applied for on property located at west Side of Damp Mineola Road,~ Mattituck~ New York~ subject to the condition that no'variance shali'be granted in the future for sidey~rds~ rear yard~i or front yard setback. The applicant will have to conf6rm to lot Iines prOVided in the zoning Ordinance. Vote of the Board~rs: GillisPie~. Bergen~i Grigonis,i Hulse, Southold Town Board ~.. Appeals -7- ~ ' Oetober 23~ 1.969 PUBLIC ~/{ING: Appeal No. 1289 - 8:00 Pj~j i~D-,~Si~T~-) m, upon application of Ca~/~erine Liewellyn.~ Ole Jule Lane~ Mattftuck~. k~ew Yorka~ for a variance in.accordance With th~ Zoning~ Or~inance~i Article iII~i Section 303~.: and Article Xa~ Section 1000A~. for per- mission to ~et off lot with less than 100 ft~ frontage.' Location of property: west side of Ole Jule Lanew. Mat~ituck= New York~ bounded north by other lands of applicaht,~ east bY ~Ole Jule Lane~ south by Wm, Liebecknechta west by J, Zebroski. Fee paid $5~00. The Chairman opened the hearing by reading the application for a variance~ legal notice of hearing~? affidavit attesting to its publicatioh in the official newspapersw' and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application ? MRS%' LLEWELLYN: Yes.~ I am Mrs. Llewellyn~ I .wish to sell this lot with the same dimensions as I purchased it ~in 1963/ THE CHAIRMAN: (inspecting survey) The proposed lot would have 80 feet on 'Ole Jule Lane and 90 feet on the .canal and it would have approximately 18~ 000 sq. ft, of area. This is the proposed~ s~le to Roberts, MR%~ BERGEN: The remaining lot on Which ysu have your house would be left with 135 ft~ frontage on Ole Jule Lane? E~~ T~.~WELLlI~: No~ it would be 130 ft. I sold 5 ft. off my northerly property line ~o my neighbor so they would not have to get a variancel THE~: You will have 130 ft. frontage left? In that case I think you should make each lot with a minimum 100 ftc frontage. MRS~ ~.?.RW~T~.y~: Do'theyneed a 100 feet? ~R~%~ BERGEN: Well~ if you made it 100 ltl to start with you would not even have to come in here~ MR~ T~W~.?~.YN: The adjoining property~n the south has 90 ft. on Ole Jule Lane and 80 ft. on the water and he was able to build. THE~: .Well~ Ithink the opinion oft he Board is that it should be 100 ft. on- Ole Jule Lane~ not 80 fto~ since you have 210 ft* frontage on 'Ole JUle Lane~ there is no re~sen why each lot shouldnot have a minimum of 100 ft. This will make it a more desirable lot-for who~ever buys' Southold Town Board f-= Appeals -8- ~'r~tober 23, 19~69 After investigation and inspection the Board finds that the appl~cantrequests permission to set %ff lot with lessthan 100 ft. frontage. The Board finds that the applicant has 210 ft. frontage on Ole Jule Lane. ~nere is no legal reason for the applicantnot to, convey 100 ft~ frontage. · he Board finds that strict application of the Ordinance will not p~oduce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the sameuse district; and the variance would change the character of the neighborhood and would not observe the~spirit of the Ordinance. On motion by'Mr. Gillispie~ secondedbyMr~ Hulse~ itwas RESOLVED Catherine Llewellyn~ Ole Jule Lane~ Mattituck~ New York,r be DENIED permission to set bff lot with l~ss than 100 ft. frontage asapplied for on propexty located at west side of Ole Jule Lane, Mattituck~ New York. However~ applicant isall~wed to convey'the lot with 100 ft. frontage. Vote of the Board: Ayes:- Messrs: Giliispie~: Bergen~ Hulse~ Grigonis, PUBLIC I~J~kING: Appeal No. 1291 -- 8:15 Pl/41~ i(E~'DjS~-T~),~ upon application of Duane W. Hawkins~ 9 Humphrey Lane~' Blue Poin~,a New York,~ for a variance in accord_ance with the Zonin~ Ordinance~- Article iII~ Section 303~ and Article X~ Section 1000A,~ for per-' mission to ~set off lot with less than required ~f~rontage. and area. Location of property: west-side of Deep Hole Drive~ Mattituck.~ NeW York's. by A~ Gambino,~ east by Deep Hole Drive,~ south by' A, by' Deep Hole Creek~ Fee paid $5.00. The Chai~n opened the hearing by reading ~/%e. application for a variance~ ~tegai notice of hearing~ affi~avit'::attesting to its publication' ~in the official newspap~rs~'~ and notice to the applicant. THE CHAIRMAN: Is there anyone prese~tWho wishes.~o speak for this application? MRna' DL~/~E ~AWKINS: I ~ ~* Hawk~s~ ~is is ~e story of~e way'~e ~g was done, We b~t ~e f~st lot-on which we built a house ~d lived~e ~d used it during.~e s~ers. We b~ght ~is lot ~G~dersleeve Bros.~ who ~ned a fa~ d~n ~e ~nd divided i% up ~to ~ese lots. ~en ~en Donald Gilders~eeve ~cided ~at he was not go~g~to use ~is one to build on he asked me if I wanted it~ so I bought ~e se~d~lot ~om h~. Southold Town Board~Appeals --9- ~,to~r 23~ 1969 THE CHAIRMAN: Was that after you built 'the house on the first lot? HAWKINS: Yes~.~ after we built' the house. THE CHAIPuWL%N: In other words%~ you were not aware of any zoning regulations ~that might require you 'to locate this house a littles differentlyl HAWKINS: Yes~3 that's right~ I was not aware. THE CHAIRMAN: Who built the house? MR%~ HAWKINS: We had it built through the lumber company in Mattituck. They built the shell and I finished the inside myself. Penny Lumber Company put the shell up. THE CHAIRMAN: (reading from application) It' says here~, my wife l~urchased the first lot in her name and mine in 1959. 'In 1962 I purchased the second lot in my name and~hers~ She purchased for both of you. and then later on you purchased for both of you~ is that right? ~ ~ MR% HAWEiENS: Yes~ thatS's right. THE CHAIRMAN: Now it says here~ my lot lost its single and seperate ownership through an inadve~tance. What' are you referring to there ? Do you mean the property settlement-or do you mean the fact that when you adeled this lot to the first one it became one lot for zoning purposes? MR'2 HAWKINS: I did not buy the second lot for the purpose of making more room between the houses or because I was aware that we had built a house on a lot that did not meet regulations at the time. THE CHAIRMAN: That was not the reason you bought it? 'Not that it matters~ the effect is the .same~ it makes one lot. (reading from appliCation) In 1966 as a result of a property settlement between myself and my wiles the first lot With the house and the second lot were deeded to me ,(s-ingle and seperate ownership) In other words you got all the property? That~s unusual, Subsequently in 1969 without~ realizing the effect of th~ last deed in my Single and seperate ownership~ now that you mean there is the effect of the last deed which made th~ whole thing ,one lot..(continuing) I soId the lot with house~. Chairman; Which you considered seperately in mind~ to Anthony Gambino~ reserving the adj oining lot for myself, My plan-was to make t/~is lot available to my son for a summer bungalow when he completed his tour of duty in the' Army. This I cannot do if strict application of the Ordinance is upheld. Chairman: so we are confronted here with a number of violatiOns. Southold Town Board ~-' Appeals -10- ~%ctober 23, 1969 THE CHAIRMAN: Is there anyone else who wishes to speak for this application? i(There was no response. ) Have you anything to add 'to this~,i Mr* Hawkins? No~,! that's the whole story~ THE CHA~: In other words you bought this lot without knowing -that there were any zoning regUlations here~' and then you sold it still without knowing that there were a~y zoning restrictions. Do you know the approximate areas of these lots? MRJ HAWKINS: No~ I don"t~, Sir. THE CHAIRMAN: i(calculating) Well~3 I think both lots are about 13,,~000 sq. ft. each. MR~~ HAWKINS: The frontage on the creek of the first lot is pretty good~, it has been filled in~3 the seoond one has not been improved /lots ~E CHAIRMAN: (continuing with application) All othe~ on the block are of similar size and they have houses on them. Is that correct~, Howard? MRS- TERRY: Well~,, they run from 40 ft. to 150 ft. on this side of the street. CHAIRMAN: This is not a filed map? MRZ~.HAWKINS: No~~ it is not~ THE CHAIRMAN: This application is intimately ~associated with the next one. In other words~we have several violations committed by'Mr. Hawkins.. The first one was locatinghis hOuse too close to the line. But before that~i who sold him the 'lot~ Gildersteeve? Well~ woul~n~'the have had 'to get a variance to Sell itto him? That ~as in ~959 after the zoning ordinance,' Was this map approved by the Planning Board? MR-i' TERRY: No~ these are all single and seperate lots~ split up before the zoning ordinance. THE ~HAIRMAN: Well~ then that's one violation we don~t have to worry about~ The sid~ line would automaticaily'be reduced from 10 ft~ to 5 ft.a the house is 4.7 ftc so that~s a minor violation. The next error'Comes when Mr* Hawkin~ sells ~Hr. Gambino.' This is where, the two applications tie togethera so if-no one wishes to speak against this applica~ion~ I will ~e,serve ,any cc~nents or Southold Town Board~f Appeals -ll=~'-,t October 23~ 1969 resolution until weconsider the next application. (There Was no response.) PUBLIC H~ARING: Appeal No. 1288 - 8:30 Pi-~f.-i(E~D%'~;'T~)~: upon application of Anthony and Grace Gambino~ 55-24 84th $~reet~: Elmhurst~ New York~ for a variance in accordahce with the Zoning Ordinance,~Article ~II~ Section 300~,' and A~ticle X~j Section 1000A,i for permiSSion to set 6fl lot with Iess than required frontage and area. Location of property: west side of Deep Hole Drive~ Mattituck,~ New York~~ bounded north by H. Brewia east by Deep Hole Drivea~ south by D.Wi- Hawkinsw~ west by Deep Hole Creek. Fee paid $5.00.' The Chairman openedthe hearing by reading the application for a varianceal legal notice of hearing~i affidavit attesting to its publicatio~ in the official newsi~apers~, and,notice to the applicant. THE CHA~: Is there anyone present who wishes to speak for this application? ~ BIANCO: I am Mr., BlancO~'~ I represented the Gambino"s when they purchased this property.- I did not kn=w that Mr. Hawkins owned the parcel adjacent to it. I tomy have been a little remiss in not digging closer,, but I did dig to the extent that I know that these parcels were originally doled out this way back to the original common owner. Had I known that Mr. Hawkins owned,the property next doer,we would have been apprised of this merger. Mr~ Gambino pur- chased the property and he spent some'money 'improVing itl The first we knew of th~sI violationwas when Mr. Williar~Wickhamcontacted me on the mortgage ap]~iication~ We made a mortgage application with theSouthold Savings Ba~kwhichMr~ Wickhamrepresents. On September 1-2 he w~ote asking ~if I was aware ofthe fact that this was. an under sizedplot and that our mortgage applicationwouldbeheld up until I straightened,this out. I'/mmediately contacted Mr2 Hawkins and he sa~d,why yes~ Iown the property next'doorl In fact ;it was as much shocking ~o ~imas it, was to me that he was not permittedto sell the lot seperately from the remaining parcel which he kept- The only thing I have to add one, his is thatMr. Gambino was .an innocent pur- chaser. He spent money on this property and!n order to-discharge personalobligations in buYing this propertY~he paidMr. Hawkins cash for the property, he made the application for this mortgage which was approved un~iAMr. Wickham decided that this was an under sized plot. ~ The Chairman read Article X~' Section 100OA. Southold Town Board~ ~-~. Appeals -12-~ October 23, 1969 Mi{~i- BIANCO: Am I .correct in assuming then,~ that if ~ir. Wickham had sold us the entire parcel we, would have been within the 'code? Ej HULSE: Yes,, that's right~ You mean Mr. Hawkins sold the property not Mr. Wickham. THE CHAIRMAN: Actually we are up before the question of what happened before and after-the Ordinance~ we can't change what happened before. MR-~ BIANCO: But we could not have known that we were in violation unless we knew that Mri Hawkins owned the adjacent parcel~ that's the fact that we are innocent of~ MR%~ TERRY: If,you had bought the whole thing there.would have been no questions asked. MR%' HULSE: The easy way'to solve this would be to buy the other lot. THE CHAIRMAN: How many more lots are there down there like this? Will we have any problems in the future? 'TERRY: They are all sold out. MR.~ BIANCO: The parcel adjacent to us is a 40 footer with a house on it. MR-i' GAMBINO: I think it's 50 fti~'Brewi is the owner to the north of me. ~HE CPLa~: Article III~ Section 303 is the section of the Ordinance that you are in viola~ion of, It concerns the size of ~otand rea~s as foilows: '~o lot shall-be sold~ divide~&, or set off in sueh a manner that either, the portiOn, s~l'd~ diwideda or set off~ or the portion remaining shall have an a~ea and/or open spaces ~f less than that prescribed by this ordinance for the district in which said lot is located." The minimum area,is 12~5~0 sq. fto Another section ofthe ~rdinance says that a lot held'in single and seperate ownership prior' to'the passage of the Ordinance which can not be, enlarged~ the OrdLnance cannot apply to it ~ and it seems,to me t hat this is the situation which exists here~ MRk' B/~ICO: I doubt very much that Mr. Hawkins knew what he was doing to Mr. Gambino as well as himself ~hen..he sold the lot. MR~ HAWKINS{ I had no intention of doing anything illegal at the time~ but I did do it and that is why I am appealing for the variancei Southold Town Board l-~ Appeals -13- ~tober 23~ 1969 ~ CHAIRMAn,: this application? this application? Is there anyone else who Wishes to speak for Or does anyone else have anything to add to ~(Therewas no response.) THE CH~T~: Is there anyone present who wishes to speak against this application? :(There, was no responsej) THE CHAIP~: I will now re-o~enthe-hearing on the p~evious application on which we reserved decision. I think both of these applications should be considered simultaneously. I would say that there are extenuating circumstances here inthat the present owners of the property-were more or less the Victims of ~he smart deal of the Gildersleeves. They originally divided these lots in such a way that they Were in single and seperate ownership. The rest ofthe propertyis divided in the same way and the area ~ sufficient for each of these lots. I am inclined to grant~this applicati~n~ agreeing with the reasoning of the ap~licants~ considering-it immaterial whether or not~ir~ Ga~inoknew that ~i~. Hawkins owned the adjacent property. I donl,t think that any- one has acted in bad faithhere~ just in ignorahce of the zoning laws. MR%~ GRIGONIS: ~The only one that has acted 'in bad faith is the original owner. After inVestigation and inspection the Board finds that the applicant requests permission to set off lot' with less than required frontage. The Board linde that the or~ginaI owner' divided 'these lots before the ~'.oning Ordinance in such a way that they were .in single and self-rate ~wnership. Therefore the Board feels 'that attention~ should he,called to the fact that 'the errors ~that caused this, confusion were committed Prior to the enactment of the zoning ordinance.. The Board feels that the applicants have not acted in bad faith 'but in ignorance of' the zoning laws. The rest of the property in the surrounding' area 'is divided in the same way and the area is sufficient f~r each of: 'these lots~ The Board finds -that strict application ©f 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 ~roperty and in the s~une _use district~ and the variance will not change the character of the neighborhO'~d and~ will observe the spirit of the Ordinance. On motion by Fn~. Bergen,, seconded by Mr, GilliSPie~, it was Southold Town Board~'f Aplmsals -14- '~ October 23~ 1969 RESOLVED Duane W. Hawkins~ 9 Humphrey Lane,. Blue Point,~ New York~ be GRANTED permission to' 'set off lot with less than required frontage as applied for on property located on west side of' Deep Hole Drive.~ Mattituck~ ~Iew York. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen,.' Grigonlsa Hulse. On motion by Mr. Gillispie~ seconded by Mr. Hulse~ it was RESOLVED Anthonyand Grace Gambino~ 55--24 84th Streeta Elmhursta .New York~ be GRANTED permission to set 6fl lot with less. than required frontage as-applied for on property located on west side of Deep Hole Drive~ Mattituck~ New York. Vote of the Board: Ayes:- Messrs: Gillispiea Bergen~ Grigonis~ Hulse. PUBLIC HEARING: Appeal No. 1290 - 8:45PjMj upon application of Henry Bischoff~ Ruch Lane~. Greenport~ New York~ fora variance in accordance with the Zoning Ordinance~rticle III~, Section303a and ArticleX~, Section 1000A~, for permission to set 'off lotwithless than required frontage a~d area. Location of property: east side of Ruch Lane~ Greenportk New York,~ bounded north by S. Vanderbeek~ east by' V. Ruch~ South,by other lands of applicant~ west byRuchLane. Fee paid '$5.00, The Chairman opened the hearing by'reading the. application for~a variance~ legal notice-of hearing~ affidavit attesting to its publicatioh in the official newspapers~; and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? anything piece of located. HENRY BlSCHOFF: I am Mrj BischOff~ I don't think I have to add to the application. I would like to sell this property and retain the parcel on wh~chmygarage is MR% BERGEN: You realize that by saving the piece 40~ x 150~ where the garage is located~ it will never ~e able to be Sold to have a hOUse on it. MR%~ BISCHOFF: Yes~ I realiz~that. Was there a mention made of the road lineal footage on the lot to be sold? Southold Town BoarF~l~f Appeals -15- October 23~. 1969 THE CPIAIRMAN: Yes~ on Ruch Lane you mean? MR%' BIS~HOFF: Well~ on Ruch Lane and on the ~ivate road south of the property. THE CHAV~: There a=e two courses 73.90 and 94.32~ it is approximately 168' on the private road. What do you call 'that road? MR%~ BISCHOFF: Private road is all I ever heard it called. M~~ TERRY: The road south of his property is a private right- of-way owned 'by' Rucho M~. BISCPtOFF: According to the filed map~ that is filed as a road. I will admit it is not much of a-road. My feeling on measuring the lineal feet,~, which I know is one of the requirements..o THE CH~hIRMAN: All you need is 100' x 125' you have plenty for the lot to be sold. MR.~ BISCHOFF: Well, then I have nothing more to say, MR'~' HULSE: The only problem is that they are not O~'Ke~ on the other lot. THE CHA~: They are not O~l~f on the parcel on which the garage is located. MRs.~ BISCHOFF: I have no intentions of ever' selling this piece sepera~ely. THE CHAIRMAN: Well,~ Mr. Bischoff~ we have to lo®k to the, 'future and naturally we don~t like to leave a ~iece like that,, although it is very coam~on on Ruch L~ne~ where the garages are across the street. MRj HULSE: You can'~t sell that for residence. MR%~ BISCHOFF: Well~ I recognize that~ THE CHAIRMAN: This parcel with-your garage on it would always have to go with your residence across the street. MR~j BISCHOFF: I understand that. THE CHAIRMAN: Well,~ as long as you understand that,~ I don"t see any objections to it 'because it is very common to Ruth Lane' there are many garages on the opposite side of the street. Is there anyone present who wishes to speak against this application? Sou~hold Town Boarder Appeals -16- · .... October 23,~ 1969 (There was no response.) After investigation and inspection the Board finds that ~the applicant requests permission to set off lot with less than required frontage and area. This parcel contains the applicant's garage which belongs to his residence located across the street. The property adjoining the subject property is to be sold~ and applicant ~ishes to retain the parcel with the garage. This Situation is very common on Ruth Lane where the garages are located across the street from the residence~ The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessa=y hardship; the hardship created is unique and would not be shared byall properties al/ke 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 Henry Bischoffw Ruch L GRANTED permission to set off lot'wi and area as applied for on property Lane~ Greenport~ New'Yorki,~ subject t 1. The smaller lot of 64000 sq residence~ only for an accessory 2. The larger lot may not be f used for a single family residence. Vote of the Board: Ayes:- Messr Hulse. ~ne~ Greenport~, New York~ be ~ Iess than requiredfr0ntage located at east side of Ruch the fOllowing conditions: ft. may never be used for a ding. rther divided,~ it may Only be : Gillispie~ Bergen~ Grigonis~ PUBLIC HEARING: Appeal No. 1294 - 9:00 P-i-M~-i(Ei-DjS-jTj)~ upon application of A.'Reilly & S&ns~ Mattitucka: New York, a/c Burr E. ~cConnell~ 20 Weaver Dri~ek West'Amftyville~ New York~ for a .variance 'in accordance with'the Zoning Ordihance~ Article III~ Section 3044 for permission to build new one family dwelling with reduced front yard setback, Location of property: north side of' Sound Beach Drive~ captain Kidd Estates~ Lot No. 33~ Mattituck~ New York. F~e 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 the official newspape~s~ and notice to the applicant. THE CHAIRMAN: The community has it's own water~ is that correct? $outhold Town Boar~.~f Appeals hober 23~ 1969 M~%- REILLY: Yes,. they have to go by' the Board of Health. THE CHAIRMAN: Is that water adequate for the amount of expansion they have had up'there ? MRj REILLY: Yes,. they have increased the pump size and renewed some of the lines~ THE CHAIP~i%N: Is there anyone present who wishes to speak for this application? MRj NORMAN~y: I am Norma~ Reilly,: the builder. The problem is that because of the turn around area, it can'not be setback 35 ft. It isa corner lot. ~JBF~EN: Could you put it 16-ft. from the turn around-and 10 ft. from the property line? MR,'RE/~Ly: Yes,. we spoke with the owner about that today. would like'to give it more road setback and move it closer to the adjoining-property line. He THE CHAIRMAN: I would think the further he can get away from the turn the happier he will be. MR~~ P~EILLY: Yes,. he is in full agreement to doing this. ~~: Is there anyone present Who wishes to speak against this'application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to build new onefamily dwelling with reduced front yard setback. The Board finds that the applicant is the owner of a 50 ft. corner lot on an approved filed map~ making it impossible to meet the 35 ft. setback ocn the westerly side fronting the turn around, The Board finds that strict application of-the Ordinance would produce practical difficulties or unnecessaryhardship; the hardship createdis unique and wouldnot be .shared by all properties al/ke in the immediate vicinity of this property and in the same use district; and'the variancewill not change the character ofthe neighborhood and will obsez-~e the spirit of the Ordinance, On motion by Mr. Grigonis,~ seconded by Mr.. Bergen~:-it was I~ESOLVEDA. Reilly & .Sons,~ Matt,tuck, New York, a/c Butt E~ McConnell~,~ 20 Weaver D~ive~iWestAmityville~ New~York~ be South~ld Town Board Appeals -18-- ( .ober 23a. 1969 GRANTED permission to build new one family dwelling with reduced front yard setback as applied for on property located at north side of Sound Beach Drive~ Captain Kidd Estates~3 Lot No. 33a Mat~ituck, New Yorka subject to the condition that the house~ which is 24' x 36 f~ shall be located at 10 fro from the ~' easterly line and 16-'ft. from the turn around. Vote of the Board: Ayes:- Messes': Gillispie,. Bergen~ Hulsea~ Grigonis. On motion by Mr. Gillispie~ seconded by Mr. Hulse,, it was RESOLVED that the minutes of the Southold T~wn Board of Appeals dated October 2~i 1969.,.' be approved as submitted~! subject to minor correction. Vote of the Board: Ayes:- M~ssrs: Grigonis. Gillispiea Bergen~ Hulse~ On motion by Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLVR~ that the Southold Town Board of Appeals set 7:30 PJMJ (E.~.' ~), Thursday~ November 13~ 1969~ at the Town Offices Main Road,~ Southold,~Ne~ York~ as the time and place of hearing upon application of~Lefferts P. Edsona Executor of the Estate of Kaspara E. Mulder~ 51755 Main Roa~ S0uthold~ New York~ for a variance in accordance with the Zohing Ordinance~Article Section 303~ and Article~, Section 1000A~ for permission to set off lo~ with insufficient area. Location of property: southeast corner of Fleets Neck Road and Stillwater Avenue~ Fleetwood Cove Map No. 1263~ Lot No~s 13. 14% 15~ Cutchogue~ New Ycrk~ Vote of the BOard~ Ayes:- Messrs: Gillispie,j Bergen~ Hulsea Grigonis~ On motion by,ir. Bergen,, seconded by Mr. Hulse~ it was RESOLVED that the Southold ToWn Board of Appeals set 7:40 P%~ (E,~SjTj)~ ThUrsday£ November 13~ 1969~ at the ToWn Office~ MainRoad~ Southold~ New York~ asthe time and place ofhearing upon application of Mr. & Mars.' Russell Tuthill~ New SuffoLk Avenue~Mattituck~ New York~ for a variance in' accor4ance with the Zo~6ng Ordina~ce~Article III~ Section 303~ and Article Xa Section 1000A~ for'permission to set off lots With insufficient Southold Town Boar(/~)f Appeals -19- C<_~ober 23~ 1969 frontage. Location of property: north side of Center Street~ Mattituc2<,~ New York,. bounded north by other land of a~plicant,; east by A:' Buenanit0 & others,, south by Center St~eet¥ west by Wllshusen & others. '- Vote of the Board: Ayes:-- Messrs: Gillispie~.~ Bergen~ Grigonis~. Hulse, On motion by Mr~ Grigonis~ seconded by Mr~ Gillispie~. it was RESOLVED that .the Southold Town Board of Appeals set 7:50 ~.~fl~ (E.~SJ~o)~i Thursday,s. November 13,~ 1969~ at the Tow~ Office~ Main Road~? So~thold~.~ New York~.~ as the time and .place of hearing upon appl~ication of Helmut Hassa Beverly Road,~ Southold,.~ New York,~ for a special exception in accordance with the. zoning Ordinances. ~Article X~'. Section 1007~. Subsection (e),? for per- mission t6 repair ,and re-construct existing non-co~forming building in excess of value. Location of proI~rty: south side of North Road (CR27)~i. Peconic,. New York~.~ bounded north by North Road (CR27).~ east by land~ 'of Hubbard,,: south by lands of the. County of Suffolk~ west by other lands'-of the applicant~ Vote of the Board: Ayes:- Messrs: Gillispie~3 Bergen~ Grigonis~, Hulse~ On motion by~ Hulse~. seconded bye. Bergena~ it was RESOLVED that the Southold Town Board of App~ls set 8:00 ~%-M.~ (EjS~.T:)~$. Thursday~ November 13~.' 1969,: at the, Town ~ffice~, Main Road~i So~thoid~ NeW York,~! as ~he time and place of hea~ring upon application of Herncy J. ~mith~.. Robinson Road~i~ Peconic,~ New York~ for approval of access over private right-Of,way in accordance with the State of New York ToWn' Law,. Section 280A. Location of property: west side of Carroll Avenues? and east side of ~econiC Lane~; Peconic~i New York,. bounded north by Li~I.i~R?~,, east- by Carroll Ave~ue~ south by Lindsay,,, smith & others,, ~est by Peconic Lane. Vote of the Board: Ayes:- Messrs: Gitlispie~ Bergen~ Grigonis, Hulse. on Motion by Mr. Gillispiea. seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:15 (EjS~Tj)~ Thurs~lay,. November 13~. 1969~ at the Town Office,~ Southold Town BOar~i[~ f Appeals -20- ~ October 23, 1969 Main Road,j Southold,-New York,. as the time and place of' hea~in9 upon application of ~Irene Ford,. Sound Avenue,. Mattituck,. New York,,' for a variance in accordance with the Zoning Ordinance,, Article III,~ Section 303~. and Article X,. Section 1000A,. for permission to set off logs with insufficient frontage. Location of property: south side of Sound Avenue~ Mattituck,. New York~ bounded north by Sound Avenue~ east by W~lter L. Williams~ so~th by Railroad,. west by Agway Inc. Vote of the Board: Ayes:- Messrs: GillisPie~ Bergen~ Hulse, Grigonis~ ' motion by~lr. Bergen~i seconded by Mr. Grigonis~i it was RESOLVED that the SoUthold Town Board of Appeals set 8:~0 P~'Mi~ (~S~'T~)~Thursday~ November 13~ 1969~ at the Town Office~. ~ain Road~ Southold~ New York, as khe time 'and place of' hearing upon application of; a re-hearing on Appeal No. 1292 Harry and Evely~Mearns~ Route 25~ Orienta New York~ for approval of .'~ccess to private road in accordance with the State of New York Town Lawl Section 280A. Location of property: private right- of-way off north side Of Route 25a Orient,. New York,,bounded north by land of applicant,, east by Deidrick~ south by Hesse. west by Brown& others. Vote of the Board: Ayes:--Messrs: GilliSPie~ Bergen~ Hulse, Grigoniso On motion by Flr~ Grigonis'~ seconded by Mro Hulse~ it was RESOLVED that the Southold Town Board of Appeals set 8:45 P%-~ (E~S~'T~.~) ~. Th~ursday,. November 13~i 1969~, at the Tow~ Office~. Main Road~i S~o~thold~~ New York,. as the time 'and Place of hearing upon applicaEion, of James Kavanagh D/B/A~ Crescent Beach Motel~i Route 25,~ C~reenpo~t~. New Yorkil for a s'pecisl exception in accordance with the Zoning Ordinance, Article III~ Section'300, Subsection i0, for_ permission to re-Iocate existing off-premises directional sign on property of Emil Pupeckio Location of property: south side of North Road (CR27),i Peconic,~ New York,. bounded north by North Road (CR27)~ east by Mary Turner, sout/~ by' Sidney' Waxler, west by Peconic Lane. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Hulse~ Grigonis. Southold Town Board ~ .~Appeals -21- October 23, 1969 On motion by bit. Bergena seconded by M_r. Gillispie~ it was RESOLVED that the Southold Town Board of Appeals set 9:00 P~f~':~,~S~.~),~ Thuraday~. November 13, 1969, at~e Town Office~ Main Roada So~old, New York~ as ~ t~e and place of hearing upon application of;' a rehe~g on Ap~al No. 1292 t~n of Harry ~d~l~ Mearns~ Route 25, ~ient~ New Yo~~, for appro~l of access to Private road ~ accordance wt~ ~e State of New York ~n ~w:$~ Section 280A. Location of pro~y: Private right-of-way ~off nor~ siae of Route 2S~ O=~n~ New York~ b~ded nor~ by land of applic~t, east~y sou~ by Hess~ west by B~n & othe~s. Vote of the Board: Ayes:- MessEs: GilliSpie~ Bergen& Hul~ Grigonis. On motion by Mr. Hulse~ seconded by Mr. GEigonis~ it was RESOLVED that the Southold Town Board of Appeals set 9:15 P.I~ [~i~S,'~.~)~i Thura~ay,~ November 1341 1969~ at the Town Office, Main Road~ Southold~ NeW' York~ as the time 'and Place of hearing upon application of Richard Nagy~ Narrow River Roa~. Orient~ New York~ for.'a~variance in accordance with the Zoni~g Ordinancea Article III~ Section 303i and ArticleX~.Section 10OOAa for per- mission to divide lot with less than 100 ft. frontage." Location of property: west side of Harbor Road~ Orient, New York~ bounded north by land of Nelson Douglass Esta~e~ east by Harbor south by Harold Dadson~ west by'Orient ~ay. Vote of ~the Board: Ayes=-- MessEs: Gillispie~ Bergen~ Hulse, Grigonis' The Meeting was adjourned at 10:45 Respectfully submitted~ SOuthold Town Board of Appea~ Robert W. GillisPie~ Jr..~ Chairman