HomeMy WebLinkAboutZBA-10/02/1969 Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 119'71
Telephone 765-2660
APPEAL BOARD
MEt~4BER
Robert W. Oilli~pi¢, .Jr., Chairman
Robert B~rgen
Charles Grisoni% Jr.
Ser~e Doyen, Jr.
Fred Hulse, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
October 2, 1969
A regular meeting of the. $outhold Town Board of Appeals
was held at 7:30 P~M~', Thursday~: October 2, 1969~: at the Town
Office~ Main Road,. Sodthold~, ~tew York.
There were present: Messrs: Robert' Wi Gillispie, Jr.,
Chairman; Robert Bergen; Fred Hulse, Jr,~ Charles Grigonis, Jr,
Absent: Mr. Serge Doyen, Jr.
PUBLIC B]~RING: Appeal No. 1285 - 7:30 P%~M~.
upon application of Herman Ohlman,. Box 295A ~iewRoad~ S0uthold,
New Yerk~ for a variance in accordance with the: zoning Ordinance~
Article iII,~ Section 307, for permission to construct addition on
existing dwelling with insufficient sideyard area. Location of
property: north side. of Main Bayview Road~ Southold,~ New
Map No, 1663 Goose Neck Estates, Lot No.~s 73 & ½ of'72 & 74.
Fee paid $5.00.
· Southold Town Board~'~f Appeals -2- '- October 2, 1969
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting to
its publication in the official newspapera and notice to the
applicant.
THE CHAIRMAN: (inspecting sketch) The sketch indicates that
the applicant is the owner of a 100 ft. lot. Is ~lr. Ohlman here
tonight ? Are you Mr. Ohlman ?
MR. BERGEN:
and the house?
MR, OHLMAN:
c~ncrete patio°
No. he could not come~ I am his son.
You are putting a breezeway between the garage
There is a patio all around the house, an existing
I would like to enclose the section between the
house and proposed garage.
MR.' HULSE: How large is the lot?
THE CHA~: It is 100 ltl front and rear, and 150ft. depth.
The lot is more than full size.
MR.' HULSE: How big is the breezeway?
MR%- OPU~/~: 18~ x 6'
THE CHAIRMAN: When was the house purchased?
MR. OP~,MAN: 1949
MR%' HULSE: Is this the house with the smmll bungalow on the
back of the lot?
THE CHAIRMAN: Yes~, it is.
MR-2' HULSE: Was that a garage at one time, which was converted?
Is i~ now used?
MR%- OP~,MAN: Occasionlyl
MRSj OB~,MAI~: My daughter sleeps in it sometimes.
MR% HULSE: It is not rented,, is i~?
MR~ OBTaiN: No, it is not.
THE CHAIRMAN: Is there anyone else present who wishes to speak
for this application?
Southold Town Boar~' f Appeals -3- :ober 2.,~ 1969
(There was no response.)
THE CHAIRMAN: Is there anyone present, who Wishes to speak
against this applicatio~
M~~ BERGEN: Well:, as I see it, we can't grant this.' It is a
100 ft, lot. They are adding on a garage ahd a breezewayandthey
want to have a 8 ft. side line. We can ~o as far ~s 10 ft., but we
can't go beyond that~
MR~ GRIGONIS: I don't see any hardship here.
THE CHA/Puva%N: There is no legal hardship. My opinion is that
you could add onto the Patio and ask to move the garage 2 ft. or -
5 ft. or whatever~ But the minimum side yard requirement is 10 ft.
on a full size lot. I think the Board has no alternative but to
deny this. This iS something that would not be permitted to anyone
else in the Town of South01d. Just because you want it does not
show any hardship. If you were permitted to do this, why wouldn't
anyone be permitte~J~q put a garage 8ft. from the side line,~ no
reason I know of. I don't mean to be argumentive but I am trying
to point out the other side of the zoning ordinance.
MR~ O~: Well the idea of it is to try to maintain a nice
distance between homes.
THE CHAIRMAN: The minimum is l0 ft~
MR~ OPU.MAN: I ~n the house next door and I got a variance
for 8 ft.
THE CHAIRMAN: You must have had a good reason. Where is
your house?
MR~ OPU~a%N: Right here (pointing out on the sketch)
THE CHA~: Well there is a right-of-way there. Do you
own the right-of-way?
THE~: But you have the right to use it? and other
people have the right to use it?
M~- O~%N: Well,, actuall~ it belongs to Mr. Eichorn. It
is his access road to property he owns behinds us.
THE CHAIRMAN: Generally regarded as being part of the property?
M~ OHmiC%N: Yes.
Southold ToWn BoarW~f Appeals -4- (~"l~kber 2, 1969
MRS' BERGEN: That gives you quite ~ bit more space between the
two houses.
THE CHAIRMAN: So you see~ the reason you got the variance
there is because you have additional space there.
Very wellk is there anyone else present whowishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that the
applicant proposes to build garage-addition with reduced side yard
area. The Board finds that the applicant is the owner of a lot
with 100 ft~ front and rear and 150 ft& depth. There is n~:legal
hardshi~ here. The applicant has ample footage and area on the
easterly side of the house to attach a garage without a variance.
Any hardship in this case is self impose~
The Board finds that strict application of the Ordinance
will not produce practical difficulties or unnecessary hardship;
the hardship created is not unique and would~e shared by ail
properties alike in the immediate~vicinity of this property
and in the same use district; and the variance would change
the character of the neighborhood and would not observe the
sp/rit of the' Ordinance.
On motion by Mr. Grigonis~ seconded byMr~ Bergen~ it was
RESOLVED Herman Ohlman~ Box 295A Bayview Road,. Southold,~
New York be DENTWn permission to construct additiOh on existing
dwelling with insufficient side yard area~ as. applied for on
property located north side of Main Bayvi~w Roada Southold,
New York.
Vote of the Board: Ayes:- Messrs; Gillispie~ Bergen, Hulse,
Grigonis.
PUBLIC P~/{I~G: Appeal~o. 1286 - 7:45 PJM2 (EiD~T~)~.
upon application of Joseph Romano, 106-13 UniOn Turnpike~
Forfeit Hillsk New York~ for a variance in accordance with the
Zoning Ordina~ce~Article I!I~ Section 307~ for permission to
construct addition on existing dwelling with insufficient
sideyard area. Location of property: northside of Meday
Avenue~ Mattituck~ New York~ Map No. 175 Tollywood~i Lot No.'s
64 & 65. Fee paid $5.00.
$outhold Town Board/~ Appeals -5- '~ ~tober 2,, 1969
The Chairman opened the hearing by reading the application
for a variance~ 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?
MR%~ JOSEPH ROMANO: Well~ the way the house is built~"~ I csn't
put the garage any other way. My idea is to retire here~ 'so I wkut
to fix it up nice. In the back I can do nothing.
THE ~: Because of the topography?
MRZ ROMANO: Yes~! I already put 20 loads of sand in there and
it's still no good. ~'
MR~~ BERGEN: Yes but~ As I understand it you have a 100 ft.
lot~ 2 '50 ltl lots together.a right?
MR-j ROMANO: Yes,! that is right.
MR£ BERGEN: So you have 50 ft. on the other side and you are
trying to add a 1~ ft. garage on this side which is only 15 ft.?
MRj ROMANO: Wella I can't put a garage on the other side.
MR%- BER~N: Why not?
MRj ROMANO"S SON: Fir. Chairman he wants to tm/t it on this
side because of the kitchen. This way he could go from the garage
into the kitchen.
THE CHAIRMAN: I understand the problem~ but I have never
seen a zoning ord/nance that could concern i~self with the interior
arrangement of the house. We have to just go by the outside
dimensions of the house~ in where you .locate a house~ or an addition
to a ~ousew~ or a garage~ or garage-addition to a house, You. are
permitted ~o have a garage in your back yard area~ You would not
even have to come in here for a variance 'if you lo~ated it properly
in your rear yard, Now you say that the rear yard here is unsuitable
because it slopes sharply~ and you want'to attach it to the house,~
but you picked the narrow~'side of the house with the narrow side
yard~; it is only 15 ft. wide and you have to stay 10 ft~ off the
side'line~ There is no hardship here~ you could put it 'on the other
side of the house~ no legal hardship~ 'I'should say.
MR2' ROMANO: On the other side of the house there is a chimney.
Southold Town Boar~f Appeals --6- - October 2~ 1969
THE CHAIRMAN: We are not concerned with chimneys either~ if
you don't like the set up of the house you could always sell it and
buy another one.
M~' ROMANO: But my neighbor on the side does not object to it~
there is a vacant lot between us so there is plenty of room between'-
our houses.
THE CHA~: It doesn't make any difference what your neighbor
thinks. If everyone on the street approved and we told you that you
couldn't put it there~ you couldn't put it there~ If everyone on the
street.objected to it-and we s~id'you could put it there, then you
could put it there. The jurisdiction lies with the Board of Appeals
not the neighbors. I don~t have any solution~for you. You have a
beautiful ~rea 50 ft, wide onwhich you could locate the garage and
attach it to the house.
THE CHAIRMAN: Is there anyone else p~esent who wishes to speak
for this application?
(There was no responsel)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
BERGEN: I can't see any reason to grant this.
After investigation and inspection the Board finds that the
applicant proposes toerect a garage on a side yard area which is
insufficient for the purpose. The Boardfinds that the applicant
is the owner ora lot with 100 ft, frOntage~ Applicant has ample
side yard area on the easterly side of house to-place garage
without a variance. There is no legal hardship. Any-hardship
in this case is self imposed.
The Board fin~s that strict application of the Ordinance
will not produce practical difficulties or unnecessary hardship;
the hardship created is not unique and would be shared byall
properties alike in the /mmediate vicinity of this property
and in the same use district; and the variance would change
the character of the neighborhood and would not observe the
spirit oft he Ordinance.
On motion by Mrl Bergen~ seconded by Far, Hulse,. itwas
RESOLVED Joseph Romanol 106-13 Union Turnpike, Forrest Hills~
New York~ be DENTR~ permission to construct addition on existing
dwelling with insufficient sideyardarea as applied for on property
located on north Side of Meday Avenue~ MattituCk~ New York&
Southold Town BOar~f Appeals --7- ~tober 2, 1969
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC HEARING: Appeal No. 1287 - 8:00 P%-M~ (E~D?SjT~.)~
upon application of John Haurus~ Main Road, Cutchogue~ New York,
/ac Margaret Tighe~ Haywaters Road,. Cutcho~e~ New York, for a
variance in accordance with the Zoning Ordina~ce,i Article III,
Section 305, for permission to construct additioh on .existing
dwelling with insufficient setback. Location of property:
north side of Haywaters Road and private right-of-waY- Cutchogue~
New York~ Map No. 786 Peconic Bay Properties ~ Lot No. 33 &
part of 32. Fee 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 newspaperw andnotice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
M~' JOHN HAURUS: My name is John Haurus~ I'amthe builder,
I will be glad to answer any questions you have,
MR-,-~T.~LAND FRASER: My name is Leland Fraser~ I live just
down the street fromM rs. Tighe. Mrs. Tighe could not'be present
tonight~ she called me and Wsked if I would come down here with
Mr. Haurus to speak for the application.
Mr~ Fraser presented the Board with a survey of 'the property
and pointed out that according to this survey~ the property is a
corner lot,
A lengthly discussion was held in regard_~ ~e survey.
Lots 32 & 33 and the 3 undersized lots to the~.whlch are
unsuitable for building were discussed. It was concluded that
this property is not a corner lot because of the irregular shape
of the lot and the unusual jog in the road. So,~ ordinarily they
could not have to~ke this application. The r~asonthis appli-
cation was made was to prevent any future discretion as to
whether or not this property is a corner lot, it is not a corner
lot'
MR%~ HULSE: Where do you live in connection with this
property~ are you close by?
MRi~ FRASER: No, I live on Nassau Point Road (referring to
sketch) up the road,, right here.
Southold Town Board ~]~f Appeals -8- October 2, 1969
THE CHAIRMAN: Is there anyone else present who wishes to speak
for this application?
(There was no response-%w)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.')
Afher investigation and inspection the Board finds that the
applicant requests permission to construct addition on existing
dwelling' with insufficient setback. The characterization of this
property as a corner lot is imprecise in ~the fact that the part
of HayWaters Road which goes north ~round this road leaves only
a few feet to the water's edge. There will be no change in the
neighborhood by granting this application.
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 will not change the character of the district and
will observe the spirit of the Ordinance.
On motion by the Chairman~ seconded by Mr. Bergen,. it was
RESOLVED John Haurus,. Main Road,, Cutchogue, New York,, a/c
Margaret Tighe,. Haywaters Road~ Cutchogue~' New York,. be GRAAVI~D
permission to Construct addition on existing dwelli~g with
insufficient setback as applied for on property located on
north side of Haywaters Road and private right-of-way,. Cutchogue~.
New Yorkw Map No. 786 Peconic Bay Properties, Lot No. 33 and
part of 32.
Vote of the Board: Ayes:- Me,st,: Gillispie, Bergen, Hulse,
Grigonis.
On motion by Mr. Gillispie, seconded by Mr..Bergen~ it was
RESOLVED that the $outhold Town Board of Appeals set 7:30 P-~'Mi
(E~D~-S-i'T~-),. Thursday,. October 23,. 1969, at the ToWn Offices Main
Road~. SOuthold,. New York,. as the time and place of hearing upon
appliuation of Harry & Evelyn Mear~s~ RoUte 25,~ Orient, New York,~
for approval of access to private road in accordance with the
State of New YOrk Town Law~ Section 280A. Location of property:
private right-of-way off north side of Route 25~ Orient, New York,.
--9- October 2, 1969
Southold Town Boar.~f Appeals ~"
bounded north by LjI,' Sound, east by Deidrick, south by Howe,
west by land of applicant.
Vote of the Board: Ayes:- Messrs: Glllispie~ Bergen~ Hulse~
Grigonis.'
On motion by Mr. Hulsea seconded by Mr. Gillispiea it was
RESOLVED that the Southold Town Board of Appeals set 7:45 P.M.
(EjDjS*T~')~ Th~=sday~ October 23,. 1969,; at the Town Office, Main
Road, Southold,. New York~ as the time and place of hearing upon
application of Herman Pocher~ Camp Mineola Road~ Mattituck, New
York,. for a variance in accordance withthe. Zoning Ordinancea
Artidle III'a: Section 303,. and Article X~ Section 1000A~ for per-
mission to divide lot with insufficient area. Location of property:
west side of Camp Mineola Road, Mm~cituck~. New ¥ork~ bounded north
by Howell Estate, east by Camp Mineola Road, south by other land of
applicant, west byprivate right-of-way.
Vote of the Board: Ayes:- Messrs: Gillispiea Bergen,. Hulse,
Grigoniso
On motion by bit. Grigonis~ seconded by Mr, Bergena it was
RESOLVEDthat the Southold Town Board of Appeals set 8:00
(E,~D'~i-T~), Thursday~ October 23~ 1969, att he Town Office, Main
Roadl SoUthold,. New York, as the time and place of hearing 'upon
application of Catherine Llewellyn, Ole Jule Lanea Mattituck, New
York, for a ~ariance in accordance With the Zoning Ordinance,.
Article III~ Section 303~ and Article X~ SeCtion 1000A, for per-
mission to set off lot with less than 100 ft. frontage. Location
of property: west side of Ole Jule Lane, Mattitucka New York~
bounded north by other lands of applica~%~ east by Ole Jule Lane,
south by Wm. Liebecknecht~ west by J. Zebroski,
Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Hu~se~
Grigoniso
On motion by Mr. Bergena seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set 8:15
(E~D~T~),~Th~rsday~ October 23~ 1969~ att he Town Or'ice, Main
Road,, Southold~ New York~ as the time and place of hearing upon
application of Duane W. Hawkins,~ 9 Humphrey Lane~. Blue Point,
Southold Town Boar~"]'f Appeals -10 .... ~ October 2, 1969
New York~ for a variance in accor~_nce with the. Zoning Ordinance~
Article III~ Section 303~: and Article X~, Section 1000A,. for
permission to set off lo~ with less than required frontage and
area. Location of property: west side of Deep Hole Drive,.
Mattituck, New ¥ork~ bounded north by A~ Gambino~ east by Deep
Hole Drive~ south byA. Corte, west by Deep Hole-Creek.
Vote of the Bo~_rd: Ayes:- Messrs: Gillispie~ Bergen,3 Hulse,
Grigonis~
On motion by Mr. Bergen, seconded by Mr. Hulse~. it was
RESOLVED that the Southold Town Board of Appeals set 8:30
(E.D.'SjT~)# ~hursday,. October 23,' 1969F att he ToWn Office~Main
Road~ Southold,~ New York,. as the time and place of hearing upon
application of Anthony & Grace Gambino,. 55--24 84th Streeta Elmhursta
New Yorki for a variance in accordance with the Zoning Ordinance,
Article iII~ Section 300~ and ~ticle X,~ Section 1000~ for permission
to set off lot With less than required frontage and area. Location
of property: west side of Deep Hole Drive~ Mattituck~ New York,.
bounded north by Ho Brewia east by Deep H01e Drive~ south by
Hawkins, west byDeep Hole Creek.
Vote of the Bo~d: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonisl
On motion by Mr. Hulse~ seconded by Mr. Grigonis, it was
RESOLVED that the Southold Town B~ard of Appeals set 8:45 PjMj
(E~D~S~T~),. Thu~sday~ October 23~ 1969, at the Town Office, Main
Road~ Southold~ New York,. as the time and place of hearing upon
application of Henry Bisdhoff~ Ruch Lane~ Greenport~ New York~
for a variance in accordance with the zoning Ordinance~Article
III~ section 303~ and Article ~a Section 1000A, for permission
to Set off lot with less than required fro~tag~and area.
Location of property: east side of Ruch Lane~ Greenporta New
York., bounded north by S~ Vanderbeek, east by V. Rucha south by
other lands of the applicant,~ west by Ruch Lane.
Vote of the Board: Ayes:-- Messrs: Gillispie~ Bergen~ Hulse,
Grigonis.
On motion by Mr~ Grigonis, seconded byMr. Gillispie, it was
'~ Southold Town Boar~ /~f Appeals -11- Dctober 2, 1969
RESOLVED that the Southold Town Board of Appeals set 9:00
(Ei-D~-~'I~.) ,~ Thursday, October 23'~.~ 1969,1 at the Town Officem~ Main
Road,3 Southold,. New York, as the rtime and place of hearing'~upon
application of A'. Reilly &~ .Sons~j Matt!tuck,/,Nrew. ¥~k~ 'a/c Butt
McConnell~.i 20 Weaver Drive~j Wes~ AmitYville~ ~leW' Y°r~'~ for a
variance in accordance with the Zoning Ordi~ance~ Article III,~
Section 304,, for permission to build new one family dwelling With
reduced f~o~t ~rard setback. Locationoof property: north side of
Sound Beach Drive~. 'Captain Kidd Estates, Lot No. 33~j Mattituck~i
New .York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Hulse~
Grigonis.
On motion by Mr. Gillispie, seconded by Mr. Grigonis,
RESOLVED that the minutes of the Southold Town Board of ~ppeals
dated September 11, 1969, be approved as submitted.
Vote of the Board: Ayes:- Messrs~ GillisPie~ Bergen~i Hulse,.
Grigonis.. ~
On motion by Mr. Bergena seconded by Mr~ Gillispie~ it was
RESOLVED that the next regular meeting of the Southold Town
Board of Appeals will be held at 7:30 Pi~M%~, Thursday~ October 23,
1969, at the Town Office, Main Road~ Southold,~ New Y6rk.
Vote of the Board: Ayes:- Messrs: Gfllispie~ Bergen~ Hulse~
Grigonis"
meeting was adjourned at 9:30