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HomeMy WebLinkAboutZBA-07/31/1969 APPEAL BOARD MEMBER Robert W. Gillispie, Jr., Chairmar Robert B~r~n Char[es Griso~is, Jr. Ser~e Doyen, Jr. Fred Hulse, Jr. $outhold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11~71 Telephone 765-2660 SOUTHOLD T~ BOARD OF A~PEA/Z~ July 31'~i 1969 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.-M,~, Th'ursday, i July 31, 1969, at the Town Office~. Main Road~ Southoldi New York. ~ere were presentt Messrs: Rot~rt W. Gillispie~ Jrt; 'Chairman; Robert Bergen; Fred Hulse~.'Jr.;Chamles Grig~nis, Jr, Absent: Serge Doyen,. Jr. ~he Chairman reotman~dthe hearing on Appeal No. I268~. Upon application of Herbert W. & 'Isabel Ziegter~ 53 OspreyNest Road~ East Mari~n~ New York, for a variance in accordance with the Zoning Ord/~ance~ "Article I Section 100~ Subsection 26~and Article III, Section 300~ Subsection 6,. for permission to locate accessory bU;ilding in side yard area. 'Location of property: Lot-$ 53~ Cleaves Point~ Section II, aorth east corner'of Osprey 'Nest Road~. and Snug Harbor Road, EaSt Marion~ New York~ Bounded north by Eric Koch,~ east by DaWnEstate Builders Corp.~ south by Osprey Nest Roada west by Snug Harbor Road. The~Chairman reported on his meeting with Town Attorney Tasker who agreed with the Building Inspector's determination of ~Zae rear yard area. He also agreed ~the ordinance is unclear in this instance. ' Sout~qold Town Boar~~ l~f Appeals -2- ~ ~ July 31~ 1969 After investigation and inspection the Board finds that the applicant requests permission to locate accessory build/ng in side yard area. ~%e accessory building is used to store snow plow~i' l~n cutter~, attachments to tractor~ and other heavy gardening and maint, chance 'equipment. Applicant has a circulatory problem and has been advised at no time to become physically over exerted, f~e accessory building is located toward rear of ~he house 88 feet from street line to be close to the cellar entrance for ease of access. The property is a corner lot~.: which therefore creates a hardship for the applicant~ ~e Board finds that strict application of the Ordinance would produce prac~cical 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 districty and the variance will n-or change the character of the district and will observe the spirit of the Ordinance. On ~%otion Dy M.~. Gillisp!e~,~ seconded by M~. Bergen, it was RESOLVED that Herbert W. & Isable Ziegler~ 53 Osprey Nest Road~,' East Marion~ -New York,. 'be granted permission to lOCate ~accessory building in side yard area,~ as 'applied for on property located at north east corner of Osprey Nest Road and Snug Harbor Road,. East Marion, New York.a subject to the following condition: Permission is granted until such time as a residence is built on the adjoi~ing lot to the east and then applicant may be required to move it to the Tear yard area-. Vote of the Bo~d: Ayes:.- Messrs: Gillispie~,~ Bergen,. Hulse~ Grigonis, PUBLIC H~RING~. Appeal No. 1273 Upon application of Marjory ~allory & accordance with the zoning ordinance# Article III:, ~Section 300, Subsection 6 for permission to Iocate an accessory build- ing in side yard area. Location of property.-. N/S ~Fanning Road,. New Suffolk~ New York,, bounded N/ George Tu~hill; E/ J. MIynerzyk and 0~hers; 'S/ Fanning Road; W/A. -Tonacci, Fee paid $5~ 00o The Chairman opened the hearing by reading the 'application for a variance:~ legal notice ~of hearing~! affidavit attesting to its publication in the official newspapers~ an'd notice to the applicant. Southold Town Boar~- ~ f Appeals -3- ~- July 31~ 1969 THE CHAIRMAN: Is there anyone present who wishes to speak for this application ? (~nere was no responses) THE CHAIRMAN: ~e original permit issued called for a detached p~ivate garage in-rear yard area.' H~everi t-he~appllcant commenced building the garage in the side Yard area. Is there~anyone present who wishes to speak against ~his application? ~R.BERGEN: I think it should be placed in the~back of the house asoriginally .applied for. MR~ GRIGONIS: How far is the_garagelocated from the side line? Several feet,j about three feet. THE~A~: It looks to me as though t/~e rear,nd of the garage~ if located properly,~ would fit as shown inthe original permito~ The propertywouldha~e to be excavated about four feet and leveled off, That does not seem tome like an insuperable hardship, nor do I th/nk we would be justifiedin considering it a topographical hardship. I would think thatif you grant per- missionfor'this you would almost grant it for anything~ I don't ~hink this a sufficient hardship. After investigation and inspection ~he Board finds that '~he 'applicant requests permission to locate an accessory building in side yard area, The rear yard does not slopeupward enough to interfere with the proper location oft he proposed garage .in the rearyard area asit was ~nown on the.building permit ~applica- tion. This slight incl/nation could be corrected by excavating /nfo slope of rear yard about four feet and .leveling 'the property off. Ifthis application were to be grantedit would be an imposition to the neighbors on the west. The.Board 'feels that ~he owner has made ~n error in the location of the slab, s! any hardship creat-ed is self-imposed. ~ne Board finds thatstrict .application of the ~Ordinance would not ~roduce practical difficult%es or u~ nec.essar3, har~.Ship; the hardship ~reat~d.~is not q~.i~ue 'an~ w.ould.b.e.s, ha~ed by.~al~ ~ ~ro$~ tries ~Iike ~in. ~/9_e.-.imm~e ~ig~te ~icinity o.~.. ~nms. prppe~ty ~u /n ~the same use district; ~ the v~iance.~i&l nc= 'o~s~ve ~e spirit of the Ordi~ce,' ~d will c~nge ~e ~r~r of ~e ~stri~. ' Southotd Town Boarder Appeals -4-~-~ July 31, 1969 On motion by Fare Gillispie~ seconded by FiT. Grigonis~ it was RESOLVED that-Marjory 'Mallory & ano.'~ Fanning Road~. New New York,. be DENIED permission to locate an accessory building in side yard area on property located on north side of Fanning Road, New SuffoIk~.~ New York. Vote of the Board: Ayes:-- Messrs: Gillispie~.~ Bergen.~ Hulse~. Grigonis. PUBLIC HFS~RING: Appeal No. 1272 - 7:45 Upon application of Fred Walters for a variaunce in accordance with the zoning or~inance'~ Article III~, Section 300~ Subsection 6 for permission to locate an accessory building in -side yard ar:ea. 'Location of property: 'W/S Pine Tree Road and S/S Sterling Road~ Lot Nol 44~, Nassau Farm~ Cutchogue~ New York.~, Fcc 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 newspapers~ and notice to the applicant. THE CHAI~LMAN: The existing house~ according to the sketch~ is 35 ft, from Sterling ROad and 35 ft~ from Pine ~TreeRo~ad. ~ne proposed garage is 30 ft, from the dwelling and 35 ft. from Pine Tree Road and 60 ft~ from the .adjoining lot~~ The size of the lot is 200 ft. by 66~62 ft~ ~' Is there anyone present-who wishes to speak for this application? (There was no response.,) THE CHAIRFam~N: Is there anyone present who wishes tospeak against~his application? MR~~ BERGEN= The rear line of the garage should line up w.iththe:~rear line of the house. THE CHI~R/~_~: ~%is is an old filed map:~, it is part of the ordinance and it creates a problem as to the,rear ~ard and so forth~ ~I agree with Fnc~ Bergen,,: that the rear line of this ,garage ,should coincide with the rear line of the 'existing -dwelling. MR~ HULSE~ Unless he wants to attach it to the house. THE CHA/RMAN: No~ this would not be desirable. There is a proposed enclosed porch to be built on the back of the house, · Sout~hold ToWn Boar.?~of. Appeals -5-/~ July 31, 1969 I think this is a reasonable request ~on the part of 'the Board to ask that the garage be. placed as far 'in the rear yard as ~ossibleo After investigation and inspection the Board finds that 'the applicant requests permission to build accessory building in side yard area. The subject lot 5 44 is -a corner lot measuring 200' on Pine Trc~'Road and 66~62' on,Sterling Road which does not' ~leave rear yard width enough'~' to build an accessory building in accordance with the requirements of ~the ordinance% This l~t is filed on the Nassau' Farms Map as approved for single and separate use, Applicant owns the adjoining lot 15 45 and wishes to keep it as a separate without encumbrance to build another dmelling in t~he future. The proposed garage will be about 30 feet ~south of the present dwelling to give clearance from the windows of the house for' light and venilation, it' iwill also be about 60 feet off the-southerly line where a neighbor has a similar garage ~which Was built many years ago. The Board finds that strict application of t~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 immediate vicinity of !this property and in the same use. district; and the variance will nchchange the character of the district and will ob-serve the spirit of the Ordinance. On motion by Mr, Grigonis, seconded by Mr~ Bergen~ it was RESOLVED that Fred'Walters be GPa~NTED permission to build accessory building in-side yardarea on property located-at Pine Tree Road,&-SterlingRoad~'CutchOgue~ New York~ subject to the following condition,: Th~ garage be movedba~ so that the rear of the house and the rear of the garage are on the same line. Vote of thee Board~ Ayes:- Gillisp!e~i Bergen~ HulseE Grigonis', PUBLIC HF~RING: Appeal-No.' 127~-- 7:55 P~Q~ Upon application of ~.~ D~est & 'Sons to ren~ a f~ labor ~p_~it,' Location ~of ProperS: S/S ~in ~oad~ Or~nt~~ ~ew ~rk~~ bonded N/ J, Rodden and others, El other appliers; .S~ ~N~row River Road; W/Meyer,~ 'Fre~n ~d o~ers. FOG paid-$5.00.~ The-Chairmanopened the-hearing by reading the application for-a variance, legal notice of hearing~ affidavit attesting to Southold ToWn Boar~f Appeals ~-~-.j July 31~ 1969 ~ ~ublieation in the official newspapers~ and notice to the appIicant~ T_HE CHAIRMAN: Is there any/one present who wishes to speak for t~is application? (There was no respo~nse~) THE CHAIRMAN: Is there anyone presentwho wishes to speak against thisapplication? MRi BERG~q: Have there been artycomplaints against this operation in-the past year? HOWARD TERRY~: BUILDING INSPECTOR: I have not heard any. THE CHAI~WL%N: ,Neither have I. Apparently t-here have been no changes in the operation. 'MR.' TERRY: It has been checked out by the Health they approved it~ After investigation and inspection the Board finds that the applicant requests pe~mission to renew farm labor camp permit~ ~ne Board has acertained that there have'been no problems wi'th the camp in the past year and the Heml~hDepto has approved the c~mp. Housing for agTiculturalhelp is essential. The camp is on the owner-operators premises distant frem their dwellings. It has been run according to all per~inentrules. On mo~ionbyMr, Bergen, seconded by Fzr. Hulse~ it was R~SOLVED that HoM.~ Demarest & Sons, Main Romd~ Orient, New York~ be GRAN~ renewal of farm labor camp permit ;~r a period of one year. Vote of the Board: Ayes:- Messrs: Gillispie,. Bergen,. Hulse~i Grigonis. F~. and M_rs. Gordon ~Smith of Se~wood Drive appeared befOre .the Board' for-an informal discussion on the possibilities of dividing a lot owned by 'M_r, Havens on Mill Creek Southold. They are interested in purchasing the ~.part of the lot to be set off and building a ranch type house. ~ne Board ~eviewed the ,file and new map of this property .... ~Southold Town Board/~f Appeals --7-~'- July 31, 1969 and advised that they would entertain an application to divide .this lot 'as proposed by the new map submitted. This will be set up for a hearing as soon as the formal application is received~ Mr. Cl%arles Becket submitte.d his application to re-arrange lot lines for separating the existing houses on ~the west side of Clark Road which he purchased from F~. Clark as a unit. The next Board of. Appeals meeting was set for August 21,~ 1969 at 7~-30 P~'M~ Hearings were ordered on the applications ~f Phillip Pfeffer, Cedar Beach .Park~ Southold; Rodney Buckham, Oie Jule Lan-e~. Mattituck; Charles Becket,. Clark Road~-Southold; Marion Smith, Laurel' Lake~ Mattituck~ Beachcomber Motel sign at Depot Lane & Middle Road~ Cutch~gue~ and any other appli- cations that may come in prior to publication date,.' August 11,, 196'9. -Chairman Gillispie ,reported on some of the meetings he has attended of the-County Planning Commission and ~some of the proposed legislationwhich will be reviewed attheState PlanningConference this fall~ and how it is likely to affect us if ~t is ever enacted. It was reported that Barbara Dittmannhad resigned as secretary of the Board and it will be'necessary to se=ure a-new st~ographer for the.meetings oft he Board of Appeals and Town Board~ A letter from Mrs., Huth~ Pecnnic Bay Boutevard~.' Laurel,. was-received, This letter objected to the installation of a mobile home on the Boulevard near her home, This is to be answered pointing out that as long as the completed dwelling meets all of the Town requirements it is not a violation of any ordinance'and is a permitted use~ Meet/~g adjourned at 9:20 P~M~ ~ ~0~,~~~