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ZBA-02/28/1974
S° uthold Town B°ard of Appeals SOUTHOLD, L. I., N.Y. 11971 TelephOne 765-9660 APPEAL BOARD MEMBERS Robert W. Giilispi¢~ Jr.~ Chairman Robert Bergen Charles Gri~onis, Jr. Ser~¢ Doyen, Jr. Ff~ Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS February 28, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, February 28, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Serge Doyen, Jr. Absent: Mr. Fred Hulse, Jr. THE CHAIRMAN: A Public Hearing was held on Appeal No. 1871, application of Elbert E. Luce, Jr. and George M. Vail, on February 7, 1974. The Board postponed rendering a decision until 7:30 P.M., February 28, 1974 to allow time for further investigation. We studied the entire area and we drew a couple of circles of 500 foot radius and found 48 undersized lots; only one property owner had more than 40,000 'sq. ft. In a further study, going from the monument in Orient to the wharf, I was unable to discover any lots with houses on them that would meet the present 40,000 sq. ft. requirement. I have sympathy for the applicants and spent some time with our Town Attorney trying to find some way we could assist them. However, in my opinion, the Board would be acting improperly if it were to grant this.variance. After investigation and inspection the Board finds that applicant requests permission to divide lot .and construct dwelling with insufficient area on property located on Southold Town Board of Appeals -2- February 28, 1974 R.O.W. east side Village Lane, Orient, New York. The finding~s of the Board are that no personal hardship can be considered as legal reason for granting a variance. The applicant must prove that he has an unusual hardship. The Board finds that the land which is presently being used by George M. Vail is undersized. There is no topo- graphical or geographical hardship. The creation of another undersized lot, aside from the fact that it would be 20% less than minimum size, would establish a precedent and would make it extremely difficult to deny a variance to anyone else. The Board also finds that of the 19 lots in the block (in which this lot lies) which is bounded by Village Lane, Tabor Lane, and Orchard Street, this lot, if it were created, would be next to the smallest one in size. Only one of the 19 lots on the block, with houses, is 40,000 sq. ft. or better. The applicant also must prove that he has a unique hardship. In this caser it is not a unique hardship as most of the lots in the area are undersized. It would change the character of the neighborhood as the owners of an? back lots in the vicinity could apply for a variance and could not be denied, if the application in question were granted. The Board of Appeals feels that it would be doing Orient a disservice to grant this appeal; that it would be an improper action; and one that could probably not be upheld legally. The Board finds that strict application of the Ordinance would not produce 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 same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Elbert E. Luce, Jr. and George M. Vail (uncle), Village Lane, Orient, New York, be DENIED permission to divide lot and!construct dwelling with insufficient~area on property located on the R.O.W. east side Village Lane~ Orient, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -3- February 28, 1974 THE CHAIRMAN: The Town Board has been besieged over the years with requests that the Town Board require additional legal notices on any action of the Board of Appeals and the Town Board. I was in our Town Attorney's office, and he gave me a copy of the proposed Amendment to the Ordinance. I will try to outline some of the complications. In the case of the application of Mr. Luce, on which the decision of the Board was just given, this proposed amendment would require that Mr. Luce notify 49 property owners in a 500 foot radius by Certified Mail, Return Receipt Requested. He would have to notify each one before he could make application to this Board. I have not determined how much it costs to send a Certified Letter now; I believe it used to be about 85¢. On the surface it appears to be a reasonable request of a civic association. In Mr. Luce's area, if some of the property owners do not reply, he can not certify that he has notified all of them. The persons to whom such notices are addressed will have 5 days to file a written request with the Town Clerk that he or she be given written notice by the Town Clerk of the time and place of the public hearing. Mr. Luce could not have applied for a variance until everyone of the 49 had been notified. The notice to be sent by the applicant must include a statement that the petitioner proposes to apply to the Board of Appeals for a variance, special ex- ception, or other specified relief; a description sufficient to identify the property; the zone district classification of such property; a detailed statement of the relief sought by the petitioner; the provisions of the zoning law applicable to the relief sought by the petitioner; a statement that within 20 days such a petition will be filed in the Southold Town Clerk's office, and may then be examined during regular office hours; a statement that a public hearing with respect to such petition must be held by the Board of Appeals before the relief sought can be granted; that the person to whom the notice is addressed , or his representative, has the right to appear and be heard at such a hearing; that such person may request that he be given notice by mail of the time and place of such hearing by the Town Clerk if he files a written request therefor with the Town Clerk within 5 days of receipt of such notice. One of the neighbors to whom Mr. Luce would have had to send a Certified Letter lives in England. The Board of Appeals is not, under this proposed Ordinance, held responsible for this notification.., the applicant is. In the case of the aforementioned application, it would require 49 Registered Letters indicating that everyone had received it. This has to be done within 20 days. One of the other property owners is in Florida, and another in Hawaii. It would be almost impossible for the applicant to get this material together within 20 days. 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