Loading...
HomeMy WebLinkAboutZBA-06/04/1970SOUTHOLD, L. !., N.Y. 119~71 Telephone 765-26'60 APPEAL BOARD MEMBER Robert ~/. Gillispie, Jr., Chairman Robert Bergen Charles Grigoni% Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS June 4,: 197Q A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.~M.'~. Thursday, June 4~, 1970, at the Town Office, Main Road,_ Southold, New There were present: Messrs: Robert W. Gillispie~ Jro~ Chairman; Robert Bergen$ Fred Hulse~, Jr.; Charles Grigonis, Jr. Absent: Mr. Serge Doyen~ Jr. Also present: Howard Terr~, Build/rig Inspector PUBLIC P~ARING: Appeal No, 1336 -- 7:30 Pj~f.- ~i'D.$.'T~)~ upon application of Katheryn Ko Mullena Oaklawn Avenue, Southold, New York for approval of access over private right-of~way in accordance with the State of New York Town Law, Section 280Ao Location of property: private right-of-way off west side of Oaklawn Avenue, Southold~ New York~ bounded north by land of the applicant~ east by Oaklawn Avenue., south-by land of the applicant~ west. by land of the applicant. Fee paid $5.00. The Chairman opened the hearing by reading the application ~ Southold Town Boarder Appeals -2---~ June 4, 1970 for approval of access, 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? ~ EATHERYN Ko M~.?.EN: Yes~ I am the applicant. I think every- thing has been covered in the application. THE CHAIRMAN: What is the total area of the tract of land which you own? E~THERYN K. MULLEN: Well over 3 acres~ close to 4 acres. 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 pezi%%ission for approval of access over private right-of~way in accordance with the State of New York Town Law Section 28bAo The applicant is the owner of a tract of land about 3½ to 4 acres which she proposes~ to subdivide sometime in the future. Approval of access must be secured~ when required~ before a subdivision application can be filed. This approval of access is granted for private right-of-way as set forth on survey dated April 29~ 1970. Approval is granted sub- ject to the approval of the Building Inspector in regard to the actual construction and surfacing of the right-of-way. The Board finds that strict application of 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 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 Mro Gillispie, seconded by Mr° Bergen~ it was RESOLVED Katheryn K° Mullen~ Oaklawn Avenue~ Southold~ New York, be GRANTED approval of access over private right-ofMway in accordance with the State of New York Tow~ Law, Section 280A as applied for on private right-of-way located off west side of Oaklawn Avenue, Southold~ New York~ subject to the following conditions: 1..This approval of access is granted for private right- of-way as set forth on survey dated April 29~ 1970. ' $outhold Town Boar~-?f Appeals -3- ~ June 4, 1970 2~ This approval of access is granted subject to the approval of the Building Inspector in regard to the actual construction and surfacing of the right~of-way. Vote of the Board: Ayes:-- Messrs: Gillispie, Bergen, Hulseo PUBLIC P~ARING: Appeal No. 1338 - 7:40 P2Mo' (E2D.~S~T~), upon application of FranCes Seewald~ Nassau Point, Road~ Cutchogue~ New York, for approval of access over private right-of-way in accordance with the State of'New York Town Law,. Section ~DA. Location of property: private right-of-way off east side of Nassau Point Road, Map of Nassau Point Club Properties, Inco ~ 156 Amended Map A, Lot ~ 53~ Cutchogue~ New York~ Fee paid $5.00e 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 newspaper, and noticeto the applicant. THE CHAIRMAN: Is there anyone present who Wishes .to speak for this application? MRS.' FRANCES SEEWALD: Yes, I am MrSo Frances Seewald, the applicant. I would just like to divide the property as shown. My deed states that I can have two (2) houses. THE CHAIRMAN: Then~ your statement is that your deed to the property permits you to put 2 houses on the property? MRS.' FRANCES SEEWALD: Yes~ that's right. THE CHAIRMAN: This right--of--way or private road which is labeled reserved MRS.' FRANCES SEEWALD: That has nothing to do with the application~ that applies to Lot $ 54 next door. What I want to do is divide the property in half. I would like to sell the house on the water someday and build myself a new house~ not right now but in the future. THE CHAIRMAN: How does 'the ~uestion of access enter into it~ Do you propose to have a new access?~ other than the one that now exists? MR. HULSE: If this property is split sh~ won't have any access. THE CHAIRMAN: Well, how would you get i~to this back lot~ by a new access? There is a line drawn here on the N/S of the property, what is this? Southold Town Board~f Appeals -4- June 4, 1970 MRS. FRANCES SEEWALD: I have my own driveway coming up to the house. ~ THE CHAIRMAN: You propose to continue to use this driveway? You propose to sella deed, or whatever, this house and retain a right-of-way over this driveway? MRS.' FRANCES SEEWAT~: Yes,~ that's right. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? MR° HULSE: How many feet does she have there?, about 330? MRS. FRANCES SEEWALD: I have 335 ft. on one side and 350 ft. on the other side, and 100 ft. frontage, THE CHAIRMAN: We are not questioning the area° You do have enough area for 2 houses, but you need access for the back loto First you will have to decide where you want to divide the property. We can't just go by the lines you have sketched in here. MR. BERGEN: Just how do you propose to divide the property? MRS.' FRANCES SRRWA?~: I want to divide the property in half as shown on the application? MR° BERGEN: But then how~ill you obtain access to the other half? MRS. FRANCES SEEWA?~: There is a driveway in there now° MR. BERGEN: Well, this is what we wanted to know, you are not going to use that. You could put a new drivewDy in here. (referring to sketch.) MRS° FRANCES SEEWALD: No, I am not going to put any new driveway in. I will use the smme one that I am Using now° The only thing I want ~to do is divide the property in case I want to build another~house. THE CHAIRMAN: Well, if you are going to sell this, you will have to obtain access over this driveway, is that what you want to do? MRS% FRANCES SEEWALD: Yes,, that's right° I want to retain access over the present driveway and divide the lot in half. THE CHAIRMAN: Well, the buyers might not like that. MRS. FRANCES SEEWALD: Well, it might go in the family. Southold Town Boar~?'~f Appeals ~- June 4~ 1970 THE CHAIRMAN: Yes, but w~e have to worry about the future owners. MRS. FRANCES SEE~RT.D: Yesa but the Zoning Ordinance requires 12,500 sq. feet of area per lot. Even if I took 10 feet off the lot frontage, I would still have plenty of area. MR~ HULSE: Yes, but then you would need a variance for less than 100 ft. frontage. THE CHAIRMAN: I don't think she necessarily would, Nassau Point Prop. Map is part of the Ordinance. But I think before you finish you are going to have to decide where you want to divide the property. ~ MRS.' SEE~AT~: Well, I w~ant to diVide it in half, half of 337 ft. which is about 168~ feet. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MRj FRAISER: I am representing the Nassau Point Properties Owners Association. I have talked with a number of directors and they feel that this division will create lots with sub-standard width. It is our understanding that you need 100 fto frontage, this division as presented will leave 90 ft. frontage. There are very few lots in the area which have 2 houses on them. I think the idea of 2 houses was originally set up for a guest house to be part of the main house, not to be divided into two seperate parcels. THE CHAIRMAN: Nassau Point is part of the Zoning Ordinance as it exists. The minimum requirement is 12~500 sq. ft. of area per lot. MR.' FRAISER: THE CHAIRMAN: Yes, but it also requires 100ft. frontage. Yes, however, it has always been interpreted that when you have a front lot and a back lot such as this, the back lot can obtain access over the front lot as an easement. So this really presents no zoning problem, I don~t know if it will present a problem for the Nassau Point Properties Owners Association. ~n other words this no~y would be granted. MR. FRAISER: Well, as a member of the property owners association, I know of a number of people who had a lot 500 fro Southold Town Boar~I'Df Appeals -6- ,June 4~ 1970 tong with a limit of one house. When they asked for 2 houses they were always refused by the association. We feel that there are too many lots on Nassau Points if all of them get built on we will run out of water. THE CHAIRMAN: Well, we have a tough enough time just under- standing the Zoning Ordinance and its application to all the~various situations in the Town, without attempting to absorb all of the property owners associations deed restrictions. MR. FRAISER: Well~ I was not aware that you had exceptions or variances to the rules. THE CHAIRMAn: This would not vary the rules we go byo MR. FRAISER: Except for the front footage. THE CHAIRMAN: No, it would not vary that either, it would not vary anything. It has enough area and enough frontage. We would like to help you,. we are certainly aware of the water shortage on Nassau Point, but I do~:'t see h6w we could deny this, this map is part of the Ordinance. A discussion was held by all on the proposed use of the driveway for access to the back lot. MR.' PFI~L: I don~t see how they can do this~ they will be establishing a precedent for everyone on the E/S of Nassau Point Road. MR,~ FRAISER: I was not aware of the fact that any of the houses on the E/S ha~ permission~ for 2 houses. I know on the W/S they do~ but I didn't think the E/S did. The permission states that you can build 2 houses, but it must be kept all as one parcel, MR. PFIEL: Wello it would seem to me that if the person buying the front lot is going to grant the back an easement to use their drivewaya by the same token the waterfront lot would have to grant an easement to the front lot to use the beach~ THE CHAIRMAN: Not necessarily, we are not concerned with that here. ~ MR.' MEINKE: But if the property changes hands, the easement would have to go into the deed, right? THE CHAIRMAN: Yes, that's right. MR. PFIEL: Do you feel that you would have the same thought regardless of what the deed restrictions say? Southold Town Boar~-~f Appeals -7- June 4, 1970 THE CHAIRMAN: Yes, we don't get into deed restrictions~. they are a matter for the property owners association~ MR~ H.Wo PROOM: Then any of the lots can make an appeal for a variance? THE CHAIRMAN: Yes, thatgs right. It is being done all the time. MR. FRAISER: It was my understanding that the Building Dept. would not give a permit if a deed restricted against it. THE CHAIRMAN: Nos that's not sos as long.as it meets all of the requirements of the Zoning Ordinance a permit can be issued° MR. PFT~L: Well, I am very much against the principle of establishing 2 lots on the east side of the road. THE CHAIRMAN: Well, this is why the property owners association existss it is up to you to enforce the deed restrictions. THE CHAIRMAN: The members of the Board wish to talk this over a little more, so we will reserve decision at this time° PUBLIC HEARING: Appeal No. 1339 - 7:50 P~M* CE~'DoS,'To')s upon application of Annemarie Hydell, 4 Goldin Lane, Southold, New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 305s for permission to ~onstruct addition to existing dwelling~ith reduced front yard setback. Location of property: east side of Goldin Lane~ Map of Nathan Goldin $ 1106, part of Lot ~ 11 & part of Lot $ 12~ Southold, New York. 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 newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: What are the dimension'S'of this? HOWARD TERRY: I think it comes out 6 f~et to the west, it will line up with the porch on the first cottage on the north° THE CHAIRMAN: Is there anyone present who wishes to speak against this application? $outhold Town Boar¢~-' tf Appeals -~" June 4, a1970 (Therewas no response.) After investigation and inspection the Board finds that the applicant requests permission to construct addition to existing dwelling with reduced front yard setback. The Board finds that this cottage w$~ built prior to the Zoning Ordinance on a small lot in a recorded subdivision. The Board is of the opinion that this variance should be granted subject to the condition that the proposed new porch shall not exceed the front yard setback established by the first cottage to the north. The Board finds that strict application of 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 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 Mro Hulse~ seconded by Mro Bergen~ it was RESOLVED Annemarie Hydell~ 4 Goldin Lane, Southold~ New York~ be GRAN~ permission to construct addition to existing dwelling with reduced front yard setback as applied for on property located at east side of Goldin Lane,. $outhold~ New York~ subject to the following condition: 1o The proposed new porch shall not exceed the front yard setback established by t/~ first cottage to the north. Vote of the Board: Ayes:- Messrs: Gillis!/e~ Bergen~ Hulse, PUBLIC ~F~RING: Appeal No. 1337 - 8:20 PjMo (E%'D~$,T~)~ upon application of Katy Mitchell~ 103 TottenhamRoad,. Lynbrook~ New York a/c Cornelia Mitchell, 103 Tottenham Road, Lynbrook~ New York, for a variance in accordance with the Zoning Ordinance, Article Section 303~ and Article X~ Section 1000A, for permission to ~ivide lot and build new ond family dellling with insufficient frontage and area. Location of property: south side of Aquaview Avenue~ Extension, East Marion~ New York, bounded north by Aqauview Avenue Extension~ east by Harry Mitchell, south by LoV20~Donnell~ west by Jo Trikoukas., 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 newspaper~, and notice to the applicant. Southold Town Bo~r~iiof Appeals -9-- June 4, 1970 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? ~ MRS. KATY MITCHELL: I am the applicant, Mrs. Katy Mitchell. THE CHAIRMAN: Where was the original lot? MRS. KATYMITCHELL: The original lot was a corner lot on which we got a variance. THE CHAIRMAN: You were granted a variance for the setback because of'the shape of the lot. The problem here is that the area is not large mnough to divide. MRS~ KATY MITCH~7~: No, there is a misubderstanding here~ We bought the first lot and built our house on it. Then four or five years later this lot next door changed hands. First it was owned by Mro Stars, then Mr. Stars sold it to M_ro Stamos and Mro Stamos sold it back to Mr. Stars and Mrs Stars had the lot for sale. So we thought we would buy it for our daughter, after I came here and inquired if we could built on it,. and they told me I could build on it as long as I got permission from the Dept. of Health for a well point and cesspools which I have. So after inquiring and receiving permission from the health Dept., we went ahead and bought the property~ Just recently, after 2 years~ I just found out that the property was put under .the same name,~ but up until the time I bought it, it was a seperate lot. Our la~yer was not aware that it shoul~ be put under two different names. We were not aware of this until just recently when the people behind this lot started building and we noticed their cesspools were too close to our well. So I came to Mr. Terry and he told me the whole story about the property being under one name. This whole area is set up on small lots. this lot is the largest of them all. THE CHAIRMAN: When was this originally set up? HOWARD TERRY: It was originally sst up on Stars map~ as two seperate lots. THE CHAIRMAN: Then this was two seperate lots, if it had not been put under one name it could have been built HOWARD TERRY: Yes, that's right. THE CHAIRMAN: When was this open development area originally set up? Southold Town Boar~ ~of Appeals -10~- June 4, 1970 H(YWARD TERRY: Back in 1958. THE CHAIRMAN: Just shortly after the. enactment of the Ordinance. Is there anyone who would like to add anything to this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this applic ation? (There was no response.) THE CHAIRMAN: Hearing none, the Board would like to reserve decision on this appeal so that we can take it down to the Town Counsel for advice. PUBLIC HEARING: Appeal No. 1340 - 8:10 upon application of Cedars Golf Club, Case's Lane Extension, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection ~0, for permission to erect an off-premises directional sign on the property of Hallock'E. Tuthill. Location of property: south west corner of Middle Road ~R27) and Alvah~s Lane, Cutchogue~ N~w York, bounded north by Middle Road,~ east by Alvah~s Lane, south by Wm. Maston, west by J. To Ford. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exception, 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. Robert Bergen excused himself from this hearing because of a conflict of interest. MR.; RUSSELL CASE: Yes, I request this special exception for the reasons stated in the application. The golf course has been there for 5 years and we still don~t have a sign at this location° THE CHAIRMAN: How many signs do you have now ? MR. RUSSELL CASE: There is one on the Main Road and one on New Suffolk Lane & Cedars Road. ~hat we plan on doing is moving the one on New Suffolk Lane to this location. THE CHAIRMAN: 4~ x 6~ woul~ the maximum size. What is the size of the sign you plan to move? Southold Town Boar~of Appeals -"~- June 4, 1970 MR. RUSSELL CASE: 3' x 5'° THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) 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 erect an off premises directional sign. The Board finds that this sign is consistent with the Board of Appeals policy of granting directional signs for public places of amusement and this sign will be in the interest of the travelling public. On motion by M_ro Gillispie~ seconded by Mr. Hulse~ it was RESOLVED Cedars Golf Club~ Case's Lane Extension, Cutchogue~ New York~ be GRANTED permission to erect an off premises directional si~n on the property of Hallock E. Tuthill, located at southwest corner of Middle Road (CR27) and Alvah's Lane, Cutchogue, New York~ as applied for, subject to the following conditions: 1. The sign shall be located at least 20 feet from any property line. 2. The sign shall be located at least 3 feet above ground level. 3. This sign shall be granted for a period of one year~ renewable annually upon written application to the Board of Appeals. 4. This s~gn shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it concerns signs. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Hulse~ Grigoniso PUBLIC HEARING: Appeal No. 1342 - 8:35 PoMo (E2DoS~T.), upon application of Harrontine Realty Corpo~ 855 Sunrise HighwaY~ Lynbrook, 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: private right-of-way off south west side of Hickory Avenue (private road)~ Map of Goose Bay Estates, Southold~ New York° Fee paid $5.00. Southold Town Board~ f Appeals --12~ June 4, 1970 The Chairman opened the hearing by reading ~the application for approval of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant° THE CHAIRMAN: Is there anyone present who Wishes to speak for this application? MR.' HAROLD REESE: Yes, I am Fir. Reese~ President of Harrontine Realty Corp., I have a copy of the survey which may indicate a little better than the one you have there. This is the area here (referring to survey) it is 315 ® on Goose Bay and 326~ on this side. This is the access here over a private road. THE CHAIRMAN$ Owned by the applicant? MR, R~.SE: No~ it is owned by someone else~ but we have the legal might to use it. MR. HULSE: How w~ide is it? MRo~ R~ESE: About 20 feet. THE CHAIRMAN: Do you h~ve an easement? MRS- RRR. SE: Yes~ it is guaranteed by the title company. THE CHAIRMAN: Where does this road take you? (Fir. Reese gave particulars as to the location of the road.) THE CHA~: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? RICHARD LARK~ ESQ'o: My name is Richard Lark,. Attorney from the Law Office of Wm. Wickham, Mattituck, I am representing the Goose Bay Civic Association. The application as I read it assumes that the appellant has the r~ght to use Oak & Hickory Avenue on the map of Goose Bay Estates. As I understand it, this is not so, there is no legal right-of-way over these roads, Oak & Hickory Avenues from where the public road (Cedar Road) ends. THE CHAIRMAN: How did the previous owner get into this property? Southold Town Boarg-of Appeals --13- June 4, 1970 RICHARD LARK, ESQ,: The previous owner, Renard, had a deeded right of way over lot $ 270 on the filed map of Goose Bay Estates. THE CHAIRMAN: Is lot $ 270 that little 20' strip of property? RICHARD LARK~ ESQ2: Yes, that's right. THE CHAIRMAN: Who owns that lot? RICHARD LARK, ES~%': J. Leo Saxtein~ who purchased it ata tax sale, I believe. Now,~ as I understand it,~ Renard became a member of the Goose Bay Civic Association and ha~ a permissive license to use Oak Street and Hickory Avenue and had paid his fair share for the maintainance of ~the roads, The Goose Bay Civic Association maintains the roads and derives its revenue from the property owners. The ownership of the roads when it was conveyed out by the developer, conveyed the fee title to these private roads to the center to everyone who owned the lot immediately in. front of it, subject-to the right of way for other lot owners to pass over it. THE CHAIRMAN: Mr. Renard~s lot was not part of this parcel or subdivision so he had no right to use it until he obtained this permissive license from the association? RICHARD LARK~ ESQ.': Yes, that°s right° THE CHAIRMAN: So~ this is your argument against the appeal? RICHARD LARK, ESQ.': No it is not. I, on behalf of the Goose Bay Civic Association~ request the Board to adjourn this hearing or to deny this petit.ion pending the establishment of a legal right-of-way over both Oak Street and Hickory Avenue. As I understand it, under Section 280A~ under which this application is being applied for, it first has to be determined whether there is a legal right-of-waya then whether or not the Board of Appeals will approve the access. It has not been determined whether or not this road is a legal right-of-way. There is a deed right going into Renards and going out of Renards to the present owner, which is the appellant here~for a right-of-way over lot $ 270 and this presents some interesting legal questions~ which either have to be resolved by a court of law or by an agreement from the Goose Bay Civic Association and the property owner as to the permission to use this. The legal question is really quite precise~ whether or not an adjoining property owner may burden private roads on a filed map, when this adjoining prpperty is not part of the filed map. Now the other question is whether or not a lot on a filed map can be used as a conduit for adjoining property to burden. $outhold Town BoarF ~f Appeals --14- June 4, 1970 THE CHAIRMAN: There was one other point that was brought out to us when we were investigating it, and that is that there is an old road 6alled Hickory Lane that apparently was used by the early settlers to get down to Goose Bay Creek, and I believe '~hat this old Hickory Lane intercepts this lot ~ 270. This Hickory Lane is now overgrown, it is not visible. Does that enter into your thinking about it? RICHARD LARK, ESQ,: Before that~ back in the old title when it came out of the Peese Estate there was a right-of-way, it's a little confusing. Now I am talking about the applicant's property which grew out of the Peese Estate. He gave a right- of-way which dates back into the 1800~s, which reads as follows: Reserving, however, a right-of-way across southerly side of premises here conveyed and adjoining land of Henry Beaney from the north road to said land of Grover Peese and his w~fe for use by owners of said land supposed to belong to said Peese and his wife for the use and purpose of a cartway and ~riftwayo Now, from what I can determine from what early maps are avail- able~ that road in essence goes somewhat where you say~ it came down over the hill and then ran down to the creek. Now after the developer, Oliver BD~s.~ filed this map on Goose Bay~ you can't match up where that right-of-way goes with the way Oak & Hickory Avenue goes. I respectfully submit that Oak & Hickory Avenue are not one and the same right-of~wayo Now this is a question that can only be solved either by an agreement or by a court of law.~ THE CHAIRMAN: I would like to hear from the rest of the people here, now. MR. HERBERT HEINS: (resident of Goose Bay Estates) M_ro'Renard used that road, but he was a good neighbor. Whenever the road need- ed any repairs and maintainance he always contributed to the costs. There was only one house there then~ but now i Understand that they are going to put up 2 houses plus the one there, that will be 3, and possibly more because that is a big piece of land in there° So something is going to have to be done to straighten this thing out because everybody can't be running in and out of this road and ruining it. THE CHAIRMAN: There is about 90,000 sq. fto of area in the parcel~ under the proposed zoning I don't think he could get more than 3 houses on ito GOTTLTR. B Nichols: My name is Gottlieb Nichols from Dickinson Real Estate~ we are the agency who brought about this problem. I telephoned Mrs. Bredmeyer in Orient yesterday (sheLls Mr. Renard's daughter) she said that her father had purchased approximately Southold Town Board ~f Appeals -15- ' June 4~ 1970 200~ in 1940 from Mro Oliver and contracted M_ro Oliver to build a summer home on the parcel. Mr. Oliver built a summer home on the parcel in 1940. Firs. Bredmeyer went onto say that her father purchased from Mr. Dorchel a strip o~property between the subject property and Goose Bay Estates. It is assumed that Oliver sold to Dorchel before he sold to Renard. From 1940 to date the right-of- way now~ being used has been the right of access to the property and travelled over by the Renards and their friends and the present owner Mr. Reese. M_rs. Bredmeyer went on to say that in 1964 Mr. Renard went to Otto Van Tuyl, land surveyor, and asked him to survey a part of his prpperty with the thought in mind that his daughter and son-in-law might build a house in there° But that ~ell through, it didn't materialize. Then Mrs. Bredmeyer said that Mr° Renard was a member or'the Goose Bay Civic Association in good standing, and she thinks he was well thought of by everyone and enjoyed the priveliges afforded by the association. MR. REESE: I would like to say that if this is split into 3 more parcels there will be three more contributions for the roads also. HAROLD Lo SMITH: deeds with the lots? Would that be a condition put into the MR.' REESE: Yes~ whatever would be satisfactory to you. THE CHAIRMAN: I understand that in some places they actually make an assessment for it and you have to pay it or it actually becomes a lien against yourproperty, that's one way of enforcing it° HARO?~ L. SMITH: I would assume that if the Board grants the application, they could impose a condition such as this. THE CHAIRMAN: I would like to say something at this point~ I doric think we are even going to attempt to approve this access. As Mro Lark pointed out it is beyond us. ROBERT SCPTWANN: I don~t see any hardship here° Mr. Reese should have known what was going on before he bought the property. I am not concerned with 3 more contributions for the road, I don~t want any more traffic going over it. There isn't a~ house there that doesn't have children and they play in the street all day long. We have enough trouble with common carriers coming in here, the milkman, garbageman, and the like. These are private roads, we own the roads and I don~t think anyone has the right to come over them, the same as they don't have the right to tresspass on my property, I think this is a matter for the court. Southold Town Boar~ ~f Appeals -16- ~ June 4, 1970 THE CHAIRMAN: Would anyone else like to add anything to the record. ~o' REESE: As F~r. Smith brought up, we would like a require- ment in the deed as to the road maintanance~ We are certainly not trying to get anyone else to contribute any expense on ou~ part. As aar as the legal access, when we purchased the property~ I stressed very strongly to the attorney involved and to the Title Company about this legal accessD We do have a guaranteed policy for it. HOWARD TERRY: Do you have a deed with the access described on it~ MR° RRRSE: Yes, I have it here° RICHARD LARK., ESQo: You see the problem here is that there are so many years between 1940 and the present. The only reason Renard used it is because he had a permissive license~ but that doesn't make it an easement. MRj REESE: I am not too familiar with the background of this~ but I found out this evening that this property was purchased'from Oliver B~$s.~ who was the original developer. MR. LARK: Oliver Bros. was the one who gave the original right-of-way over Lot ~ 270, they acquired~the Peese parcel after they filed the map of Goose Bay Estates. THE CHAIRMAN: I think a decision on this appeal is beyond this Board. RICHARD LARK~ ESQo': Speaking on behalf of the Civic Association I would hope that they can come to an agreement between themselves If it can't be settled by an agreement then it will have to be settled in a court of law. on motion by Mr. Gillispie, seoonded by Mr. Hulse, it was RESOLVED that t~ Shot~old Town Board of ~ppeals is incompetent to decide the question of right-of-way for the application under question. This moation hereby denies our authority to make any decision. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Hulse, Grigonis. Southold Town Boarg'"~f Appeals -17- June 4, 1970 PUBLIC MF~RING: Appeal No. 1343 -- 8:50 P.M.' (E~DoS.T~)a upon application of Daniel & Ruth Archer, Greenway East, Orient, New York, for a variance in accordance with the Zoning Ordinance~ Article III, Section 300, Subsection 6, and Article III, Section 309~ for permission to locate swimming pool (accessory use) in front yard area. Location of property: east side of Greenway East and north side of Parkview Lane, Subdivision Map of Green Acres,. Lot ~ 31, Orient,. New York.. Fee ~id $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 newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to steak for this application? MRS,' RUTH ARCHER: Yes, I am the applicant. THE CHAIRMAN: The applkmtion doesn't show the proposed location of the swimming pool~ where will it be located? MRS. RUTH ARCHER: In the southeast corner of the property. MR. HULSE: How far back from the lines? MRS° ARCHER: 15 feet from the hedge~ and 25 feet from the east line. THE CHAIRMAN: Part of the hardship here is that legally speaking on a corner lot there is only one sideyard area, which in this particular case is occupied by a well and unables you to place your Pool in the northerly sideyard or backyard. In the new zoning ordinance we have a requirement that there be a fence not less than a 2 inch mesh and at least 4 feet in height. MRSj RU~ARCHER: I have already made arrangements for a fence for my own protection. THE CHAIRMAN: How large of a pool is it? MRS.' RUTH ARCHER: 16 feet by 32 feet THE CHAIRMAN: The main thing we are concerned with here is the side yards. I think there should be a minimum of 10 ltd from any property line. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) Southold Town Boar~ of Appeals -1~ June 4, 1970 THE CHAIRMAN: Is there anyone present who wishes to speak ~gainst this application? (There was no response.) After investigation a~d inspection the Board finds that the applicantrequests permission to locate swimming pool (accessory use) in front yard area° The applicant is the owner 'of a corner lot. His Well is located in his northerlyback yard area~ thereby making it impossible to loqatethe swimming pool in his northerly side yard area. The Board/is of the opinion that the applicant has a legal hardship due t~ the fact that he has a corner lot. The Board feels that this ~ariance should be granted subject to the conditions listed beloW. The Board finds that ~trict application of the Ordinance would produce practical difficulties or unnecessary hardshiP; the hardship created is un~que~ and would notbe shared by all properties alike in the immediate vicinityof 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. Gillispie~ seconded by Mr. Hulse, it was RESOLVED Daniel & Ruth Archer~ Greenway East, Orientw New York be GRANTED permission to locate swimming pool (accessory 6se) in front yard area as applied for on property located at east side of GreenwaYEast and north side of Parkview Lane~ Subdivision Map of Green Acres, Lot ~ 31, Orient~ New York,. subject to the following conditions: 1. The pool structure shall be located at least 10 feet from any property line. 2. The pool structure shall be surrounded by a fence of at least 4 feet in height with a minimum of 2 inch mesh and a self locking gate. Vote of the Board: Ayes:-- Messrs: Gillispie, Bergen, Hulse, Grigoniso PUBLIC P~%RING: Appeal No. 1344 - 9:00 upon application of Nina Stevens~ 241 East 78th Street~ New York City~ New York 10021, for approval of access over private right-of-way in accOrdance with the State of New York Town Law~ Section 280A. Location of property: private right-of-way located off north side of Oregon Road~ Cutchogue, New York~ property Southold Town Board f Appeals --lf June 49 1970 bounded north by L.I. Sound, east by J. Swiatocha, south by Oregon Road, west by Jo Hannabury. Fee paid $5.00o 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 neswpaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? EDWARD STEVENS: Yes, I am appearing for the applicant, Nina Stevens. I presume the Board has surveyed the situation. MR~ BERGEN: Yes, the Board was down to look at it, there are a few places that will have to be fixed° THE CHAIRMAN: First of all, the entire right-of-way must be widened to 15 feet, there are a couple of places there now that are under 10 feet° It must be improved so that emergency vehicles can enter. Actually the whole right-of-way should be improved with bank run to the approval of the Building Inspector. H~WARD TERRY, BUILDING INSPECTOR: Yes, that®s right and on the S turn, at the northerly end, the trees should be taken out and the curve eased. EDWARD STEVENS: I wish to comply with all of your specifications but I am going to have to wait untiltthe ~armer gets his potatoes out of the ground. THE CHAIRMAN: Well~ we are going to have to set a condition that no Certificate of Occupancy shall be issued until the right-of- way is improved to the approval of the Building Inspector. EDWARD STEVENS: That will be satisfactory with me. If the potatoes are not out by the time I am ready to move in, I will have to make some sort of deal with the farmer. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAn,: Is there anyone present who .wishes to speak against this application? (There was no response.) Southold Town Board ~f Appeals -20- June 4, 1970 After ~investigation and inspection the Board finds that the applicant requests permission for approval of access over private right-of-way in accordance with the State of New York Town Law~, Section 280A. The applicant proposes to construct new one family dwelling and must have the approval of access over this private right-of-way. The Board is agreeable to granting this approval of access subject to the following donditions: This right-of- way must be improved to the width of at least 15 feet, curve on northerly end must be straightened out where the road bends sharply to the east. The entire right-of-way must be improved to the satisfaction of the Building Inspector before obtaining a Certificate of Occupancy. The Board finds that strict application of 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 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 Mro Grigonis~ it was RESOLVR~Nina Stevens, 241 East 78th Street, New York City, New York 10021, be GRASITED approval of access over private right- of-way in accordance with the State of New York Town Law~ Section 280A, as aPPlied for Dn private right-of-way located off north side of Oregon Road, Cutchogue~ New York, subject to the following conditions: 1o This right-of-way must be improved to the width of at least 15 feet. 2o The curve on the northerly end of the right-of-way must be straightened out where the road bends sharply to the east. 3. The entire right-of-way must be improved to the satisfaction of .the Building Inspector before obtaining a Certificate of Occupancy° Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen,. Hulse~ Grigonis. On motion by bLt. Gillsipie, seconded by'Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated May 14~ 1970, be approved as submitted° Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Hulse~ Grigonis. Southold Town Boar )f Appeals -21 June 4~ 1970 On motion by Fir. Grigonis~ seconded by Fir. Bergen, it was RESOLVED that the next ~9ular meeting of the Southold Town Board of Appeals will be held at 7:30 P.'M., Thursday, July at the Town Office, Main Road, $outhold~, New York. Vote of the Board: Ayes:--Messrs: Gillispie.~ Bergen~ Hulse~ Grigonis. The meeting was adjourned at 10:30 AP ' UvED Respectfully submitted~ Southold Town Board of Appeals Robert Wo Gillispie, Jr., Chairman