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HomeMy WebLinkAboutZBA-05/14/1970 APPEAL BOARD MEMBER Robert W. Gillispi¢, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, .Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119~'1 Telephone 765-2660 MINUTES SOUTH~OLD TOWN BOARD OF APPEALS May 14~ 1970 A regular meeting .of the Southold Town Board of Appeals was held at 7:30' P.-M.~ Thursday~ May 14,~ 1970,~ at the Town Office., Main Road~, South01d,. New York. There were present: Messrs: Robert W. Gillispie~ Jr.e Chairmana Robert Bergen; Fred Hulse, Jr.; Charles Grigonisa Jr.~ Serge Doyena Jr, Also present: Howard Terrya Building Inspector PUBLIC HEARING: Appeal No. 1332 - 7:30 P2M. (E-~'D,'S~T,)~ upon application of Clifford & Edwina Tyler~. Schoolhouse Road,, Cutchoguee New ¥ork~ for a special exception in accordance with the Zoning Ordinancea Article III~ Section 300~ Subsection 10~ for permission to erect an off premises directional sign on land of John P. Krupskio Location of property: north west corner of Middle Road ~R27) and Depot ~.~ne~ Cutchogue~ New Yorka bounded north by other land of John P. Krupskia east by Depot Lanea south by Middle Road (CR27)~ west by Alex Mareszek. Fee paid $5.00. $outhold Town Board~ f Appeals --2-- May 14, 1970 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 ~HAIRMAN: Is there anyone present who wishes to speak for this application? CLIFFORD T~.~R: Yes~ I amthe owner and I would like to speak for it. THE CHAIRMAN: Is the trailer park in operation yet? CLIFFORD TYLER: Yes it is. It's going very well. THE CHAIRMAN: Are you having any trouble making ~he people leave after 2 weeks? CLIFFORD TYLER: Well~ it hasn't been open 2 weeks yet° THE CHAIRMAI~: There is a 2 week time limit on the stay of each trailers i~n®t there? MR~ TY~.RR: Noa I don~'t think so. At the time of the hearing I mentioned that perhaps there should be about a 2 week time limitz but the Town Board didn't set any condition for a time limit° THE CHAIRMAN: I thought that this Board set the condition when you applied to us for permission to use it as an authorized use. Do we have the original file for his first appeal? The Chairman was presented with the file~ which he read aloud. THE CHAIRMAN: Wella I guess you were right~ I don~t see any such condition. CLIFFORD TYLER: No~ I didn't think that any time limit was set on the stay of each trailer. But you can be sure that I am not going to set up a permanent residence for anybodye I think 2 weeks is a good limit~ ~there would be a better turn over that way° THE CHAIRMAN: Is this to be a year-round operation? CLIFFORD TYLER: No~ it will be from April 15 to November 15~ only have facilities for warmer weather. THE CHAIRMAN: Is there anyone else present who would like to speak for this application? Southold Town Board Appeals -3- May 140 1970 (There was no response.) THE CHAIRMAN: Is there anyone present who would like 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 applicant is the owner and operator of a transient travel trailer park and wishes to have this sign to direct travellers to his establishment. The Board finds that this sign will be in the interest of the travelling public. On motion by Mro Grigonis,~ seconded by Mro Bergen, it was RESOLVED Clifford & Edwina Tyler~ Schoolhouse Road, Cutchogue0 New York, be GRANTED permission to erect an off premises directional sign on the property of John P. Krupski, located at northwest corner ~f Middle Road (CR27) and Depot' Lanea Cutchogue~ New York~ as applied for, subject to the following conditions: 1o The sign shall describe the establishment as a transient travel trailer park. 2. The sign shall be located at least five feet from any property line. 3o The sign shall be located at least three feet above ground level. 4. This sign shall be granted for a period of one year, renewable annually upon written application to the Board of Appeals. 5. This sign 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~ Grigonis~ Hulse~. Doyen. PUBLIC FF~RING: Appeal No. 1330 -- 7:40 P~M, (EoD~S2T.)~ upon application of Gregory ~awson~ 54 West 16th Street, New York City~ New ¥ork~ for a variance in accordance with the Zoning Ordinanceo Article III~ Section 304~ and Article III~ Section 305~ for per-- mission to build new one family dwelling with insufficient front- yard setback. Location of property: north side of Glenn Court, Map of Birch Hillsa Lot $~s 2 & 3~ Cutchogue~ New York. Fee paid $5.00. Southold Town Board ~ ~ Appeals ~4~ May 14, 1970 The Chairman opened the hearing by reading the application for a variance~a l~e~g~l notice of hearing.a 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. RAEMSCH: Yes~ I am Mr. Raemsch,a the architect. THE CHAIRMAN: The applicant is the owner of a lot which is 200~ x 105~ roughly.~ this doesn~'t include the beach, does it? MR. RAEMSCH: Yes, part of the beach~z up to the highwater mark. MR. HULSE: What is the dimension from the pool to the crest of the bluff? MR. RAF2w~CH: With a 25g setback it will be 30~ to the crest of the bluff. M~.' HUI~E: How much space is 'there between the pool and the house? MR.~ RAEME~: About 8g towards the m~ddle of ~the house and about 6~ from the side. MR.' BERGEN: From the house it is 54~ to the westerly line? MR. R~RN~CH: Yes,~ I believe that's right. THE CHAIRMAN: Thatgs what it says on the sketch. Suppose you moved the house 25ft. to the west? MR. RAEMSCH: Part of the bluff further west is undermine~ so there would be no gain. The bluff would still be about parallel to where it is now we wouldn~t gain any more depth~ a very small amount anpway. M~ HULSE: What are you going to do with the bluff anyway? You are going to have to do some bulkheading. MR~ RAEMECH: THE CHAIRMAN: MR.~ RAEMSCH: THE CPL~IRM~: to the house? Yesa we will have to bulkhead in the future. What size is the pool? 17ft. by 31ft. Well couldn't you turn the pool around,, closer Southold Town Board/~f Appeals -5-- May 14,~ 1970 MR. RAEMSCH: That would encroach on the terrace area. THE CHAIRMAN: Based on prevailing wind conditions, I don~'t know if you have ever lived here, but we get quite a harsh west wind here. Any pool on a bluff should really be on the south side ®f the house. MR. RAEMSCH: Originally when we were developing the plans we studied it on the south side of the houses but the desirability of having it screened from the street gives more privacy. THE CHAIRMAN: Well~ you are going to have to fence it anyway. MR. RAEMSCH: This is something I wanted to inquire about. THE CHAIRMAN: The Ordinance is in process now. The minimum will be 4 ft., you can of course make it higher than 4 ft. I think a stockade type fence will be the best, it would be wind proof. MR. RAEMSC~: Yes~ we were thinking about fencing from the house to the bluff. THE CHAIRMAN: Nos I would not do that, it is too dangerous with little children falling in. The pool itself must be fenced~ so from a standpoint of privacy~. I think you still could consider it on the south side of the house. But I doubt very much if this Board could justify considering a hardship to reduce the front yard setback. THE CHAIRMAn: Is there anyone else present who would like to speak for this application? ~(There was no response.) THE CHAIRMAN: I think I would have to speak against it because I don~t think the applicant really has a hardship. THE CHAIRMAN: Is there anyone present who would like to speak against this application? MRS. ~LTER FINGER: I am Mrs. Walter Finger~ a resident of' Birch Hills and a member of the newly formed Birch Hills Property Owners Association, Inc., which owns the roads, Glenn Court and Birch Lane, and a 100~ parcel of land adjoining the applicant~s~ and 495~ of beach which is at the foot of this land. la on behalf of myself~ my husband, Mrs. Lark, Mr. & Mrs. Finnican and Mr. & Mrs. Longm whose home and property are on the other side of the land of the association~ respectfully request that the application before the Board requesting a front yard setback reduction from 35~ to 25~ be denied. Southold ToWn Boar~f Appeals -6- May 14~ 1970 The reasons are: 1. Application of the Zoning Ordinance for 35s will not bring undue hardship on the applicant,, Mr. Dawson~ because he has sufficient back yard to move his house back 10®. 2. Mr. Dawsonls property is not unique and any problem that he might face as an%owner of the waterfront type property in this area is similar and shared by all waterfront properties in this immediate vicinity; for example the Long and Vincent homes, in that there is sufficient depth to the lots to locate a house on the property and still conform to the existing Zoning Ordinance. Lots 2 and 3 are each 100~' wide and 205~ deep as shown on the filed mapo As seen by the Long and Vincent homes~ both conform to the 35~ setback and there is sufficient rear yard. If the applicants problem is because of the bluff, this is still not unique as evidence Mr. Vincents bulkheading and, both Mr. Long and the Association are contemplating bulkheading their soundfronto 3. Furthermore~ a variance for Mr. Dawson would 'change the character of the district in that it would set a precedent for anyone to request a variance from the zoning law and this application cannot be construed to observe the spirit of the Ordinance in any way~ in that application of the Ordinance of a 351 front yard will not cause undue hardship and that any possible hardship suffered by Mr~ Dawson with application of the Ordinance is not unique and is shared by all property similary situated in the area. 4. The applicant does not qualify for a variance by the showing of mere inconvenience in the Zoning Ordinance. THE CHAIRMAN: Is there anyone else present who would like to speak against this application? CThere was no response.) THE CHAIRMAN: Are there any further questions concerning -this application? (Th~e was no response.) After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with reduced front yard setback. The Board is not in agreement with the reasoning of the applicant. The Board feels that the applicant has adequate property on which to locate all of the proposed facilities. 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 would change the Southold Town Board ~ Appeals -7- May 14, 1970 the character of the district and would not observe the spirit of the Ordinance. On motion by M_r. Gilliapie~ seconded by Far. Hulse, it was RESOLVED Gregory Dawson~ 54 West 16th Street~ New York Citya New York~ be DENTF~ permission to build new one family dwelling with insufficient front yard setback as applied for on property located at north side of Glenn Court,.Map of Birch Hills, Lot $'s 2 & 3, Cutchogue~ NeW York. Vote of the Board: Ayes:- Messrs: Gillispiea Bergen, Grigonis, Hulse., Doyen. PUBLIC HEARING: Appeal NO. 1331 - 8:00 P~M.' (E~D.'S~T.)~ upon application of Carl. J. a~dArna M, DmAntonio~ 140 Slengariff Road~ Massepequa Park~ New York, for a variance in accordance ~iththe Zoning OrdinanceaArticle III, Section 305, for permission to build new one family dwelling with insufficient front yard setback. Location of property: wesb side of Kenney*s Road., Southoldal New York, bounded north by To Tierney, east by Kenneyms Road, south by Edwo Maidel, west by Great Pond. Fee paid $5,00, The Chairman opened the hearing by reading the application for a variances, 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? MRSj ARNA MJ D~ANTONION I am the owner~ Mrs, C'.J.' D'~Antonio. First of all, we had owned the house which is next door to this,. we sold it to Maidel. It is a very small house, just one bedroom. We built it facing the lake and we thought if we ever extended, we would extend it towards Kenney®s Road. When we built that house there was no established front yard setback. In the mean timem~ rather than add on, we decided to build a new house. It would be costly to add on and we decided that we wanted something a little newer. THE CHAIRMAN: Is there anyone else present who would like to speak for this application? ~ THOMAS PEPE: Yes~ My name is Thomas Pepe~ I live at the northwest corner of Kenney~'s Road and Soundview Avenue, and I am in ~avor of granting this ~=~iance, Southold Town Board ~-.Appeals --8-- May 144 1970 THE CHAIRMAN: Well, your approval or disapproval as a neighbor has no influence on the decision of the Board. TPRE CHAIRMAN: Is there anyone else present who would like to speak ~!~for 'this application? i~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 build new one family dwelling with insufficient front yard setback. The applicant is the owner of a lot which is very irregular in depth and also the possible erosion on the shore of the pond makes it undesirable to build too close to the pond. The Board is of the opinion that this is a reasonable request and agrees with the reasoning of the applicant. The Board finds that strict application of the Ordirsace would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties ~ike in the immediate vicinity of this aproperty asd 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 Mr. Grigonis~ seconded by Mr. Bergen, it was RESOLVED Carl. Jo and Arna M. D~Antonio~ 140 Glengariff Road, Massepequa Park, New York~ .f~.3 - - ............. ' ............... .... be GRANTED permission to build ne~ one family dwelling with insufficient front yard setback as applied for on property located at west side of kenney~s Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Grigonisa Hulse, Doyen. PUBLIC HEARING~ Appeal No. 1329 -- 8:15 R.M. (E.D.S~T.)~ upon applicationof Douglas M. Robertsona 455 North View Drive, Brown's Hill Estates~ Orient~ New Yor~, for a variance in accordance with the Zoning Ordinance,. Article III~ Section 303~ and Article X, Section 1000A~ for permission to build new one family dwelling with insufficient area. Location of property: south side of South' View Drive, Orient, New York, bounded north by South View Drive, east by J. S2 Johnson~ south by J. Droskoski, west by F. B~ndarch~cko Fee paid $5.00. Southold Town Boar~'f Appeals -9- May 14~ 1970 The Chairman opened the hearing by reading the application for a variancea legal notice of hearing~ affidavit attesting to its publication in the official newspaper., and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR~ DOUGLAS M~ ROBERTSON: Well~ in presenting ita I don't feel that it violates the spirit of the Ordinance in anyway. Primarily for the reasons stated in the application and it will not increase the number of dwellings originally anii~ipated. We have always had zoning therea it was incured by ourselves at the beginning. To date the average size of the lots are pretty close to the requirement, they are about a half acre. THE CHAIRMAN: Of coursea you had some smaller lots and some larger lots. MR. ROBERTSON: Yes~ That's right. THE CHAIRMAN: You set this up in 19467 MR2 ROBERTSON: No~ not this portion. This was set up in 1959. It was originally set up by Arthur Lucea then I bought the rest of the section and continued to develop it after he died. THE CHAIRMAN: You say at that time it was understood that a variance could be granted? Was this one of the maps that went before the original Planning Board? MRj ROBERTSON: Norman Klipp was supervisor at that time. THE CHAIRMAN: I remember quite a few of the maps came through at that time and the provisions on the maps were more or less OjK~ed by the Planning Board as a reasonable solution to difficulties in ~ach incidence. Then later the road was increased to 50 ft....... MR~ ROBERTSON: Noa it was not increased later,~ but in joining up or extending South View Drivea the Planning Board required that we put in 50ft. roads throughout the area. THE CHAIRMAN: In case the Town ever took the roads over? MR. ROBERT$ON: Probably so. But they connect to a 33ft. road~ in so doing the planning was sort left out of that one lot. THE CHAIRMAN: The 33ft road is your exit to the Main Road? MR2 ROBERT$ON: Yesa that's right. $outhold Town Board~f Appeals ~10~' May 14,~ 1970 THE CHAIRMAN: That was the original exit and there is no way to enlarge it~, unless you buy from Droskoski. MR.' ROBERTSON: But this is not the smallest lot eithera although some of the others look larger because they are located on the edge of the bluff~ while the usuable land is not available. THE CHAIRMAN: spot. MR.' ROBERTSON: It looks to me as if this one is in a very bad No~ it is really very usuable. THE CHAIRMAN: How high is the bluff there? MRj ROBERTSON: It is close to 100fto THE CHAIRMAN: I~ there anyone else present who would like to speak in favor of this application? Are there any further questions of Flro Robertson? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? STUART JOHNSON: My name is Stuart Johnsona I own the property immediately to the east adjoining this lot. I Would ~ot like to see a house built there. This whole area was planned so that everyone would have privacy. Almost everyone has left their property wooded particularly where it is up along the road or where it comes near anyone elses property,, so that people really do~ have a sense of seclusion and privacy. I use my house for week-ends and for the summer as do most of the people in Browns Hills. The reason I am here ,is because I don~'t want suburbia~ I want a sense of being in the country and the good thing about Browns Hills has been the sort of descret quality ,of each house. THE CHAIRMAN: The lot to the east of you is MacKay~a is there a house on that property? MRS' JOHNSON: Yes~ there is a house on that lot. THE CHAIRMAN: And the next lot to that is Rohloff, is there a hsuse on that property? MR~ JOHNSON: Nox Rohloff sold his lot~ half to MacKay, s. and the other half to Gordon. THE CHAIRMAN: So bit. MacKay and Mr. Gordon valued their privacy enough to buy the lot in between them.., right? MR.' JOHNSON: Exactly. S~uthold Town Board/'~'~ Appeals --11- . May 14, 1970 T~E CHAIRMAN: And this is the same situation that applies to you? MR, JOHNSON: Yes,, I would be happy to buy that lot. THE CHAIRMAN: Well~ it doesn't seem fair to me to prevent some one else from building on the adjoining lota it is really none of your business,, it is ,irrelevant. Your objections, for the reasons that you gave are irrelevant to this hearing. I think we all w®uld like to have a house surrounded by empty lots. MR, JOHNSON: Well,~ I am not suggesting that he shouldn~'t sell ira I am willing to buy 'it. THE CHAIRMAN: Well, that'~s not our business~ that's a dispute between the 2 of you. MR. JOHNSON: I might mention one other thing, Since I bought my property in 1959a it was my understanding and a lot cf other peoples tooa that this particular lot was to be used for a possible pumping site~ in case we ever run short of water~ and it was to be turned over to the Civic Association. ~ ROBERTSON: I think you must be mistakena because the pumping site is the lot immediately east sf Tabor, it is OWned by Browns Hill Estate, Inc. I would like to make another point clear~, I am not adversed to selling this lot to Fir. Johnsona but by tradition~ we do have a policywhere it is customary to notify the residents of Browns ~ill when a parcel of land is up for sale~ which I did do in March and I got various responses~, and I am taking them in ordera the first persen that came to me wants to build a house on it. Mr. Johnson did come ts me later, but I feel that I have an obligation to take the first person first. THE CHAIRMAN: Well~ it sounds highly ethical to me. MR~ JOHNSON: Yes, I agree it would be ethical if the lot were the proper size~ if it did not require a variance in order to build a house on it. THE CHAIRMAN: It looks to me as though many of these lots vary in size. This is perhaps the smallestllot. MR2 ROBERTSON: When it was originally set upa we had set it up in % acre lots. THE CHAIRMAN: Which is about ll~000sq, ft'~ which is slightly under the 12~500s~. ft. minimum requirement for the Town of Southold~ But this is the type of situation which is the reason the Board of Appeals exists. The Planning Board has already considered this years ago~ and they probably offered some suggestions. I know when I was Southold Town Board --~ Appeals -12- May 14~ 1970 on the Planning Board~ and we had situations like this~ we tried to re-arrange them to the best interest of the Town, and apparently this is what was done with this. THE CHAIRMAN: Are there any further questions., does anyone else wish to speak against this application? (There was no responsel) After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with insufficient area. This subdivision was originally set up in 1946 and extended in 1959 at which time it was required to accept a 50 ft. road width to extend an existing 33ft. road and the extra width of 17ft. had to be taken off of this lot. The topography of the adjacent land made it impractical to locate the road differently. The Board is in agreement with the reasoning of the applicant. 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 district; and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED Douglas M. Robertsona 455 North View Drive, Browns Hill Estates, Orient, New York, be GRANTED permission to build new one family dwelling with insufficient area as applied for on property located at south side of South View Drive~ Orient, New York. Vote of 'the Board: Ayes:- Messrs:--Gillispiea Bergen, Grigonis, Hulse, Doyen. PUBLIC P~RING: Appeal No. 1333 - 8:30 PJM~' (E-.DjS. T~)~ upon application of Frederick Eo Kreh, Mary~-s Roada Mattituck, New York, for a variance in accordance with the Zoning Ordinance~ Article Section 303a and Article Xa Section 1000A~ for permission to ~ivide property and ~et off lots with insufficient frontage. Location of property: north side of Middle Road~ Map of Mattituck Heights~l Lot $~S 6~ 7~ & 8~ Mattituck, New ¥orka Fee paid $5.00o~ The Chairman opened the hearing by reading the application for a variance~ legal n~tice of hearingw affidavit attesting to its publication in the official newspaper, and fnotice to the applicant. Southold T~wn Board ~'~ Appeals --13 May 14~ 1970 THE CHAIRMAN: Is there anyone present who wishes to speak fort his application? WILLIAMWICKHAM, ESQ,: Yes~ I would like to speak for this application. First~ I would like to amend the petition in regard to the location of tlhe property, it should read the south side of Middle Road. This was our error in the original application. WilliamWickham~ Esq. explained the location of the loss on the tax map. 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 divide property and set off lots with insufficient frontage. These lots are part of a subdivision which was set up in 1925 with 50fto frontage. The applicant has 3 lots with a total of 150ft. frontage. The applicant wishes to divide the parcel in half and create 2 lots with a frontage of 78.95 ft. for each lot. The Board is in agreement with the reasoning of the applicant. 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 variancewill not change. the character of the district and will observe the spirit of the Ordinacce. On motion by Mr. Bergena seconded byMro Gillispie~ it was RESOLVED Frederick E. Kreha Mary~'s Road~ Mattituck~ New York~ be GRANTED permission to divide property and set off lots with insufficient frontage as applied for on property located at north side of Middle Road~ Map of Mattituck Heights~ Lot $~s 6~ 7~ & 8a Mattitucka New York. Ayes: Vote of the Board:/Messrs: Gillispie~ Bergena Grigonis~ Hulsea Doyen. Southold Town Board~Appeals --14~- May 14~ 1970 PUBLIC~ARING: Appeal No. i334 -- 8:45 P.M. (E~DjS. T~)a upon application of John Matrick~ Middle Road~. Cutchoguee New York~ for a variance in accor~_ance wi~h the' Zoning Ordinance~ Article IiI~ Section 303~ for permission to construct addition to existing dwelling with insufficient side yard area. Location of property: north side of Middle Roa~. Cutchoguea New York~ bounded north by Matwieczyk~ east by Matwieczyk~ south by Middle Roads west by Machinchick. Fee paid $5.00, The Chairman opened-the hearing by reading the application for a.vari~ce ~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper~ and notice to the applicant. T~IE C/4AIRMAN: Is there anyone present who wishes to speak for this application? JOHN MATRICK: Yes~. I am John Matrick., the owner. MR. MATRICK: in the. rear. THE CHAIRMAN MR%~ MATRICK: How deep is y®ur lot? 150 fro deepe with about 99fto frontage and 100fto What type of construction do you propose? Just a roof and a couple of posts~ just as long as I can get a car under it. 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? Are there any further questions of ~r~ Matzick? MR'~ HULSE: Yesw I have a question. Why does he have to put it on this side of the house when he has so much room on the other side of the house? MR. MATRICK: There is no door on the east side of the housea my kitchen entrance is on the west side. MR~ HULSE: well you could cut a door in ~n that side. MR~ MATRICK: No, we don~t want to do any.extensive building or alterations, we ca~t afford it~a all we want is a carport to protect us from the weather, Southold Town Board ~f Appeals -15-- May 14~ 1970 THE CHAIRMAN: Well~ this will be an accessory use, so it can be no closer than 3 ft. off the west line, and your sidewall, if you build one~ must be no higher than 3 ft., and the carport must' be in line with the rear of the house. Also,. at no time may this carport be enclosed. After investigation and inspection the Board finds that the applicant requests permission to construct addition to existing dwelling with insufficient side yard area. The applicant}fs house is located at the extreme westerly end of his property as set off in 1938~. long before a recent-inheritance which considerably enlarged the present area. The Board is agreeable to granting this variance subject to the conditions listed below. On motion by M_r. Gillispie~. seconded by Mr. Berge~ it was RESOLVED John Matrick~ Middle Road~ Cutchogue~ New York., be GRANTED permission to construct additio~ to existing dwelling with insufficient side yard area as applied for on property located at north side of Middle Road, Cutchogue~ New York, subject to the following conditions: 1. The posts supporting the carport ~hall be no closer than 3 feet to the westerly line. 2. The sidewall on the west side shall be no higher than 3 feet. 3. At no time may this carport be enclosed. The carport must be in line with the rear of the house. Vote of the Board:Ayes:--Messrs: Gillispie, Bergen~ Grigonis., Doyen. Mr. Hulse refrained from voting. PUBLIC HEARING: Appeal No. 1335 -- 9:00 P.M.' (E~D%'S~'T,)~ upon application of EdwinDonlin~ Town Harbor Road, Southol~, New York~ for a variance in accordance with the Zoning Ordinance~Article III~ Section 304~ for pezmission to construct addition to existing dwelling with insufficient front yard ~ack. Location of property: east side of Town Harbor Road, Southold~ New York~ bounded north by J. Munch~ east by F. Daly~, south by private roa~a west by Town Harbor Road. Fee paid $5.00. The Chairman opened the hearing by reading the application for a va~ia~_ce~ legal notice of hearing, a~ idavit attesting to its publi~ation in the official newspaper, and notice to the applicant. Southold Town Board ~Appeals -16~ May 14~ 1970 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? ALFRED H2 GOLDSMITH: Yes~ my name is Alfred H. Goldsmith~ I am the contractor. M_r. Donlin asked me to come here tonight and speak for him because he is in the hospitalo THE CHAIRMAN: Did Mr. Donlin know it was a violation ~.h~m he authorized you to do the work? MR. GOLDSMITH: No, neither of us knew it was a violation~ normally where the roof is existing~ you can enclose it without a permit. I didn't realize that closing the walls violated the setback. THE CHAIRMAN: This is a corner lot which requires a 35 fro setback on both roads. But the fact that this is only a right- of-way alleviates it a little~ it is unlikely that it will ever be taken over by the Town. MR. HULSE: How wide is it? THE CHAIRMAN: It is a 35ft right-of-way but the actual road is only about 20ft. The only thing that is a little unfortunate about this is that they hada in the past~ applied for a building permit and a variance for the other enda it was a different builder~ didn't they add a garage? MR° GOLDSMITH: Yes,. I think it was on the north end. THE CHAIRMAN: At that time they also put this porch on. I believe that there was a condition set which stated that this porch could never be enclosed. MR. GOLDSMITH: Well, I was totally unaware of this until received the violation. THE CHAIRMAN: The way we try to look at these situations is as though they don~t exist. We try not to base our decision on the factthat there is a violation. We try not to be vindictive~ The fact that this is a right-of~way and not a public street helps a little, What is the size of the lot? HOWAZD TERRY, BUILDI~G INSPECTOR: It is a lot and a half, it is about 150 ft. on Town Harbor Road and about 135--140 ft. deep~ but the additional property was purchased after the original house was built. THE CHAIRMAN; Is there anyone else present who wishes to speak for this application? Southold TOWn Board/'~f Appeals --17- May 14, 1970 {There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? ~here was no response.) After investigation and inspection the Bsard finds that the applicant requests permission to construct addition to existing dwelling with insufficient f~ont yard setback. The Board finds that the applicant is the owner of a lot and a half~ but the half lot was purchased after the original dwelling was built. The Board findS~-tbst this addition will front on a private right-of--way which will not be travelled as a regular street. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would n~t be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will ncr change the character of the district and will~ observe the spirit of the Ordinance. On motion by Mro Grigonis~ seconded by Mr, Bergen, it was RESOLVED Edwin Donlin, TownHarbor Road,, Southold, New Yorka be GRANTR~ permission to construct addition to existing dwelling with insufficient front yard setback as applied for on property located at east side of Town Harbor Road~ Southold~ New York. Vote of the Board: Ayes:-- Messrs: Gillispie, Bergen~ Grigonis, Hu~se~ Doyen. PUBLIC HEARING: Appeal No. 1335 -- 9:15 PkM~ Pursuant to Section 267~ Subdivision 6 of the Town Lawa of the State of New York, on the B~ard~s motiona a rehearing on Appeal No. 130%; upon application of Severius Lambros, 24 Ellington Drive~ East Northport, New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 305~ for per-- mission to build new one family dwelling with reduced front yard setback. Location of property: north side of Ruth Road~. Mattituck~ New York~ bounded north by Lots 189 & 190 of Capt. Kidd Estates, east by ~asisa south by Ruth Road, west by J. Murphy. 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 nstice to the applicant. South01d Town Board ~'~ Appeals -18-- May 14, 1970 The Chairman read the action passed on this appeal dated December 11,, 1969. THE CHAIRMAN: Mr, Lambros appeared at the last meeting and ~sked us if there Was anything we could do to alleviate his situation. Since this action we have become aware of other decisions made by the State of New York, which tend to make our decision in Mr. Lambros's case unduly severe, so we suggested that he come in for a re-hearing on the motion of the Board. TME CMAIRMAN: Is there anyone present who wishes to speak for this application? Mr. Lambros presented the Board with a sketch. MR, ~MB~0S: The main part of the house is up, we have not done anything with the end that we ~ish to extend yet. As I have explained befores I need the room very badlylj we have my father- in-law and my mother living with us. TM~ C2L~IRMAi~: I believe at the hearing you asked for a 35ft. setback. MR. LAMBROS: No, all I asked for is 2ft. more. THE CHAIRMAN: But the house would-still be more than 42' from the highway, right? MR. HULSE: Yes, that's right. The average setback would be 47ft., but he didn't know it, he hired some suit-contractors, who just came in and dug the hole for the foundation without measuring. TMR CHAIRMAN: Well, there was a decision in the Supreme Court in the B~onxville case where the variance would not tend to change the character of the neighborhood or hurt the public welfare~ etc. This decision said that it would have to be proven that a request such as Mr. Lambros is asking for would actually effect the character of the neighborhood, and would down-grade the Zoning Ordinance. This decision is going to open the door in favor of many future applications. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAI~: Is there anyone present who wishes to speak against this application? (Th~ewas no response.) Southold Town Board,. f Appeals -19- May 14, 19~0 After investigation .and inspection the Board finds that the applicant requests permission to build new one family dwelling with reduced front yard s~tback, A decision was made by this Board on December 11, 1969, in which the appeal .was denied. Since that time the Board has become aware of other decisions made by the State of New York which tend to make their decision in Mr. Lambros~s case unduly severe~'so the Board suggested that he come in for a re- hearing on their own motion. There was a decision in the Supreme Court in a Bronxville case where the variance would not tend to change the character of the neighborhood or hurt the public welfare, etc. This_decision skid that it would have to be proven that a request such as-Mr. Lambros is asking for would actually effect the character of the neighborhood and down-grade the Zoning Ordinance. The minimum requirement for setback is 35 feet. But since there are other existing dwellings on the street~ the average setback for the .applicant's dwelling would be 47~ 9". The applicantls foundation was placed 42~ 8" from the street line. The applicant is requesting permission to build a bedroom on the front of the house with a 42® 8" setback, and with dimensions of 20~ x 12®, The Board is of the opinion that the applicant should be granted reliefi but feels that a 10 ft. extension into the front yard area would be sufficient. 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 prop, erties 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 Mro Gillispie, seconded by Mr. Bergen~ it was RESOLVED Severius Lambros~ 24 Ellington Drive~ Northport~ New York, be GRANTED permission to build new one family dwelling with reduced front yard setback as applied for on property located at north side of Ruth Road, Mattitucka New Yorka subject to the condition that the extension shall project no further than 10 feet into the front yard area from the m~in portion of the house. Vote of the Board: Ayes:-Messrs: Gillispie~ Bergen, Grigonis~ Hulse,-Doyen. On motion by Mro Gillispie, seconded by Mr. Grigonis~ it was RESOLVED that the minutes of the Southold Town Board of Appeals dated April 23, 1970~ be approved as submitted. Vote of the Board: Ayes:-Messrs: Gillispie~ Bergen, Grigonis~ Hulse, Doyen. Southold Town Board ~ Appeals -20-- May 14, 1970 On motion by Mr. Gillispiet seconded by Mr. Bergen~ it was RESOLVED that the Southold Town Board of Appeals set 7:30 (EoD~SjT.)t Thursdaya June 4~ 1970~ at the Town Office~ Main Road,, Southold~ New York~ as the time and place of hearing upon application of Katheryn K. Mullen~ Oaklawn Avenue~ Southold~ New York~ for approval of access over private right-of-way in accordance with the State 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 oft he applicant. Vote of the Board: Ayes:-Messrs: Gillispie, Bergen~ Grigonis~ Hulse, Doyen. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:40 (E.D~S',T~'), Thursday, June 4, 1970~ at the Town Office, Main Road, Southold, New York~ as the time and place of hearing 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 280A. Location of property: private right- of-way off east side of Nassau Point Road~ Map of Nassau Point Club Propertiesa Inc. ~ 156 Amended Map A~. Lot ~ 53a Cutchogue~ New York° Vote of the Board: Ayes:-Messrs: Gillispie~ Bergen,-Grigonis~ Hulse~. Doyen. On motion by Mr. Bergen~ seconded by Mro Doyen it was RESOLVED that the Southold Town Bo~_~ of Appeals set 7:50 P2M~ (E.'D,'So'T~)~ Thursday~ June 4~ 1970a at the Town Office~ Main Road~ Southold~ New York~ as the time and p~ace of hearing upon application of Annemarie Hydell~ 4 Goldin'Lane~ SouthOl~a New Yorka for a~variance in accordance with the Zoning Ordinance~ Article III~ Section 305~ for permission to construct addition to existing dwelling with reduced front yard setback. Location of property: east side of Goldin Lane, Map of Nathan Goldin $ 1106~ part of Lot $ i1 & part of Lot $ 12, Southold, New York. Vote of the Board: Ayes:--Messrs: Gillispie, Bergen~ Grigonis, Hulse~ Doyen. Southold Town Board~'-f Appeals -21- May 14, 1970 On motion by Mr. Hulsea seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (EoD. S~T.)~ Thursday, June 4~ 1970~ at the Town Office, Main Southold, New York~ as the time and place of hearing upon application of Cedars Golf Club, Case's Lane Extension, Cutchogue, New York, for a ~D~ia~eexception in accordance with the Zoning Ordinance, Article IIIa Section 300, Subsection 10, for permission to erect an off-- premises directional sign on the property of Hallock E. Tuthillo Location of property: southwest ~o~ner of Middle Road (CR27) and Alvah~s Lane, Cutchoguea New York, bounded north by Middle Road (CR27), east by Alvah~s Lane, south byWm. Maston, west by JjT~ Ford. Vote of ~the Board: Ayes:-Messrs: Glllispiea B~Ege~ Grigonisa Hulsea Doyen. On motion by,ir. Doyena seconded by Mr. Grigonis~ it was RESOLVED that the Southold Town Board of Appeals set 8:20 P.M. (E.D.~T~), Thursday~. June 4,. 1970, at the Town Officea Main Road, Southold, New York, as the time and place of hearing upon application of Katy Mitchell, 103 Tottenham Road,~ Lynbrook, New York~ a/c Cornelia Mitchell~ 103 TottenhamRoad, Lymbrook~ New York~ for a variance in accordance with the Zoning Ordinance, Article III~ Section 303~ and Article X, Section 1000A, for permission to divide lot and build new one family dwelling with inuufficient frontage and area. Location of property: south side of Aquaview Avenue Extunsion, East Mariona New York, bounded north by Aquaview Avenue Extension, east by Harry Mitchell, south by I~'V. O~Donnell~ west by Trikouskaso Vo~e of the Board: Ayes:--Messrs: Gillispie~ Bergen, Grigonis, Hulsea Doyen. On motion by bit, Gillispie, seconded by Mro Grigonisa it was RESOLVED that the Southold Town Board of Appeals set 8:35 P,M~ (E%DjSjT~'), Thursday, June 4~ 1970, at the Town Office~ Main Road, Southold, New York, as the tinne and place of hearing 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 Lawa Section 280Ao Location of property: private right-of-way off south west side of Hickory Avenue (private road)~ Map of Goose Bay Estatesa Southold, New York. Vote of the Board: Ayes:-Messrs: Gillispie, Bergen~ Grigonis~ Hulse, Doyen, , , , Southold Town Board-~f Appeals -22 May 14~ 1970 On motion by Mro Hulse, seconded by Mr. Doyene it was RESOLVED that the Southold Town Board of Appeals set 8:50 (E~D2S2T~')~ Thursday, June 4e 1970~ at the Town Office,~ Main Road, Southolda New York~ as the time and place of hearing upon application of Daniel & Ruth Archer, Greenway E~st, Orient, New Yorka for a variance in accordance with the Zoning ~rdinance~ 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° Vote of the Board: Ayes:--Messrs: Gillispie~ Bergena Grigonis~ Hulse, Doyen, On motion by Mr. Grigonis~ seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set9:00 P.M. (E.D.S.T.), Thursday~ J~e 4, 1970, at the Town Office, Main Road~ Southold, New York~ as the time and place of hearing 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 Saate of New York Town Law, Section 280A. Location of property:' private right-of-way located off north side of Oregon Road, ~utchogue~ New York, property bounded north bY L. Ik' Sound~ east by Jo Swiatocha~ south by Oregon Road, west by J, Hannabury. Vote of the Board: Ayes:-Messrs: Gillispie~ Bergen~ Grigonis, Hulse, Doyen. The meeting was adjourned at 10:30 P~M~ Respect fully submitted~. etary Pi OVED Town Board of peals ~hai~m~n B~rd of Appeals Ii Ro~bert W. Gillispie, Jr.~ Chairman Southold Town Board of Appeals