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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