Loading...
HomeMy WebLinkAboutZBA-01/08/1970$outhold Town Board o£Appeals SOUTHOLD, L. !., N.Y. 119'71 Telephone 765-26~0 APPEAL BOARD ME~ABER Robert ',,19'. GiIlisple, Jr., Chairman Robert Bergen Ch,ides Grigoni% Jr. Serge Doyen, Jr. Fred Hulse, Jr. MIN'U'TES SOUTHOLD TOWN BOARD OF APPEALS January 8, 1970 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday,. January 8, 1970, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie~ .Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis~ Jr. Absent: Mr. Serge Doyen~. Jr. Also present: Building Inspector~ Howard Terry and Councilman James Rieh. PUBLIC HEARING: Appeal No& 1310 - 7:30 P.M~- ~jS~Tj)~ upon application of Hank and Lynn Rienecker, Schoolhouse Road, Cutchoguea New Yorka for a variance in accordance ~ith the Zoning Ordinancea Article III~ Section 305a for permission to build new one family dwelling wit~ reduced front yard setback. Location of property: west side of Eastwood Drive Extensiona Cutchogue~ New York, , Southold Town BoarF ~f Appeals -2- ~" January 8,. 1970 Map of Eastwood Est~es,, Section II,. Lot $'25. The Chairman opened the hearing by reading the application for a variances, legal notice of hearings, 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? MRj NANK RIRNECKER: The house was set tooclose to the road merely by accident. When I first laid it out it was set well in back of the average setback. Then the excavator dug the hole too close to the road and at the same time he dug it crooked so that the mason had to place the foundation in crooked. I just never gave a thought to re-checking it. THE CHAIRMAN: I think you are fortunate in this respect~ if you had come in here prior to being issued a permit or prior to commencing to build the house, I think the Board would have agreed to a reduction in your front yard setback because you have an odd shaped lot. These roads were recently taken over by the Town. It would be in the interest of the community to give you a reasonable reduction in your front yard setback. Lot $ 24 will create a problem, it has 2 front yards~ the problem of visibilitywill enter into 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? ~There 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 B~ard agrees with the reasoning of the applicant. F~nancial hHrdship is not a legal reason for granting a variance. The applicant is the owner of a lot which is 190~ deep on one side and 173' deep on the other side. Difficulty of conforming with the front yard setback is obvious. Had the applicant appeared here prior to locating the~ house~ the Board is of the opinion that they would have granted an even greater reduction. 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 pro~er~y and in the same use district; and the variance will not change Southold Town Board~kfAppeals -3-- - January 8, 1970 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 ~ank and Lynn Rienecker, Schoolhouse Road, Cutchogue~ New York~ be GRANTED permission t~ build new one family dwelling with reduced front yard setback as applied for on property located an west side of'Eastwood DriveExtension, Cutchogue~ New York. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Hulse~ Grigonis. PUBLIC HEARING: Appeal No. 1309 - 8:00 P.M.' ~S.T.}, upon application of James J. Treuchtlinger~ 60 East End Avenue~ Hicksville, New York, for a variance in accordance with the Zoning Ordinance, Article IIIa Section 304~ for permission to build new one family dwelling with less than required front yard setback. Location of property: north side of North Parish Drivea Southold~ New Yorka bounded north by the Bay, east by Matthews~ south by North Parish Drive~ west by G. Vankleeck. Fee paid $5.00. The Chairman op~ned the hearing by reading the application for a variance~ legal notice of hearing~ affidavit attesting to its publication in the official newspapera and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WILLIAM J. CLARK, ESQ.: My name is William J. Clarka Attorney~. I amrepresenting Mr. & Mrs. Treuchtlinger, the owners, i urge you to grant this request. This variation is a slight one and was not discovered until after the work was almost 50% completed, It was discovered when the survey was made~ it is a variation that is not visible to the naked eye~. and it certainly does not do any harm or injury to the surrou~ing property and it doesn't change the plan of the community. But it will impose a financial hardship on the owners, if not granted. Therefore, in the absebce of any objection and in the interest of justice it should be granted. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Are there any further questions? (There was no response.} THE CHAIRMAN: You say that this slight variation is not visible to the naked eye? If you stand on Matthews property~ the line of sight immediately shows you that it eXtends beyond the Matthews house. Southold Town Boar~AfAppeals --4- ~ January 8, 1970 As far as financial hardship~ a Board of Appeals decision cannot be based on financial hardship. Furthermore, the problem is compounded by the fact t~at the actual violation is a little less than the minimum requirement. Actually the first house or series of' houses determines the front yard setbmk~. The Chairman read Article III~ Section 305 to the applicant. THE CHAIRMAN: In determining the average setback, this Board takes the average of the houses immediately adjoining on both sides of the subject house. In this case there is only one house. However further down the street we took the. measurements. Starting with Matthews house to the east~ which is 35.6 ft.a then there are two vacant lots~, the next house is over 60ft., the next house is Kwasneski's setback approximately 40ft.~ the next house is approximately 50 ft., the next house is Perry's which is 35ft., then Kopple 36ft. So if we did take the average setback it would not help you~ it would average out to about 40 ft. plus. MR. HULSE: Yes~ but these lots are wider and they have more depth. I don~t think it would be fair to consider them in determining Mr. Treuchtlinger~s setback, because he really does not have as much land as they do. ~.~J. CLARKi~ ESQ.: You ~ust read Article III, Section 305. This appeal was made underSection 304. THE CHAIRMAN: He doesn't even have the 35 ft. setback for the minimum requirement under Section 304. 'His setback is 34.8 ft. WM. J. CLARK, ESQ.: Well, a mistake was made. THE CHAIRMAN: I think if you had come in here before hand and asked us about this lnformally~ we would have told you 35'6" for the set back, the same as Matthews. MR~ TREUCHTLINGER: There was absolutely no Parbicular reason for ~etting it back 35 feet,, we could have set it back 40 ft. There was no intent of gaining anything by setting it back 35 feet. .THE CHAIRMAN: Yes~ I know but the problem we have is that if we granted this we would have all kinds of objections from the local builders and people. THE CHAY_RMA~: Is there anyone present who wishes to speak against this application? Are there any further questions? MR. BERGEN: When you got your building permit didn't they tell you that you had to be at least 35 feet? Southold Town Boar,-of Appeals -5- ~ January 8~ 1970 MR. TREUCHTLI~;GER: When we got our building permit,~ the Building Department was very helpful to us. I believe we spoke with Mr. Terry~s assistant. At that time we asked him about the setback. He said 35 feet more. or' less. If we had known that it was so strict we would have set it back more than 35 feet. THE CHAIRMAN:. No one can beI held responsible . Whether or' not you knew how strict it was is beside, the point. I den~t see any' way we can grant this. I went over some of the other cases we have had concerning this type, of situation. Not only for your ~bebefit but because I am going to take this down to the Town Board to familiarize them with the problems we are having with setback ~nd sideyards. We are going to ~try to get the Zoning Ordinanee amended to require a foundation check before the building is commenced. I think this is a self-imposed hardship and the Board is unable to grant relief. WM. J. CLARK, ESQ: Yes~ this is true,,, it is a self imposed hardships, but the courts have held that a Variance can be granted to a self imposed hardship. THE CHAIRMAN: Would you cite one that would be helpful in this instance. ~M. J.' CLARK~-ESQ: The case of Murphy vs. Cramer Case no. 182 New York~ Supplement 2nd 205. MR. NULSE: What does the case involve? WM% J, CLARK, ESQ: I just have a notation here? I don'~t have the facts. MR. HULSE: Do you have any others? WM. Jj CLARK, ESQ: I have another citationa Case No. 259 New York~ Subsection 294. THE CHAIRMAn: Well since youhave these things~ I will take them down to our Town Attorneym Robert Tasker~ At Greenport~ and go over it with him. If this is agreeable with the rest of the Board? But I have to have all the facts and data on th,ese cases. WM.- J~' CLARK, ESQ: I will bring a memorandum of law down the office. THE CHAIRMAN: That will be fine. When you bring it down to the. officea they will give me a call and I will come pick it up and take it down to MI. Tasker. THE CHAIRMAn: When making a decision we try to disregard the intent of the applicant. We just base our decision ontthe facts,, if there is a legal hardship. We try not to be influenced by the southold Town Boarder Appeals --6- ~ Janus-fy 8~ 1970, fact that the application was made before the house was completed. On motion by Mr. Hulse~ seconded by,LT. Bergen~ it was RESOLVED that the decision .n Appeal No. 13094 James J. Treuchtlinger~ 60 East End Avenue~ Hicksvillew New York~ property located at north side of North Parish Drive~ Southold~ New York, be reserved~ so that the Board may investigate the matter further. Vote of~the Board: Ayes:- Messrs: Gillispie~ Bergena Nulsea Grigonis. PUBLIC HEARING: Appeal No. 1312 - 8:15 P.M~ i~'.'S~T.)~ a rehearing on Appeal No. 795; upon applicati,n of Vail Bros.~, Inco~ Main Road & Peconic Lane~ Peconice New York~ for a special exception in accordance'with the Zoning 0rdinancea Article IV~ Section 408~ Subsection ~)~ for permission to re-l$cate existing wall sign. Location ~f property: n~rtheast corner of Main Road and Peconic Lane~ Peconic~ New York~ bounded north by L. Gozelski~ east by L. Gozelskia south by Main Road~ west by Peconic Lane. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exception~ legal notice of hearinga affi4~.vit attesting to its publication in the ©fficial newspapera and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. CARL VATV.: General Meters has inaugerated a nation wide sign programa they are trying to make every GM dealer comply with. The amazing thing about this whole program is that they only sign a five year contract for the dealer to sell the products and yet they expect the dealer to sign a 10 year lease fOr the re~tal of the signs, If we entered into this program a rental of the signs would cost us approximately $250.00 a month for ten years. THE CHAIRMAN: General Motors runs into trouble on this all over the country. I read of a case just a few weeks ago where the Town limited the area of the signs to 16 sq. ft. MR.' VAIL: I am sure that the dealers in that area were very grateful. The reason we want this permission to move this sign is s~ that we can move it without distrubing anyone~ then they can't make us join this new rental plan. MR, HULSE: All he is asking for is to move the sign so that it does not over hang the sidewalk. o Southold Town Boar;-~f Appeals -7- ~ .... January 8~. 1970 THE CHAIRMAN: Would this help you~ by us allowing you to move the sign. It seems incredible that anybody in business should have to pay $250.00 a month for the rental of signs, MR. VAIL: General Motets claims that no matter how many years you have been in business your good will is $1.00, s/reply because they own the franchise.~, if y~u wanted to sell your buSinessa ~hey would dictate the terms to you. All you own is the propertY. Their main interest would be to see that the succeeding dealer getsa good enough deal so that he can buy their cars. My WhOle idea of ~is is not too. pleasant. They ~are trying to make every dealer look al/keo If for any reason you violate one of their 30 reasons for cancellation, contained in their contract~, by them owning the signs and~haVing a uniform appearance of dealers through out the country.~ it makes it easier for them to change the management, Of c°urse~, they do .give you an alternative. Here is a list of the specifications you .have to meet if you have your own sign made up. THE CHAIRMAN: Yes, I have read through them. It would be almost impossible for anyone out here to make a sign to meet these specifica- tions, the cost would be outrageous. THE CHAIRMAN: Is thereI anyone present who wishes to speak in opposition to this application? i(There was no response.) THE CHAIRMAN: Are there any further questions concerning this application? !{There was no response.) After :investigation and inspection the Board finds that the applicant requests permission to re-locate existing wall sign, This sign is now in violation because it over hangs iht@ the bed of the highway. The applicant wi~hes to correct the violation by re-locating it entirely within his own property line. On-motion by Mr. Grigonis~. seconded by Mr. Bergen~ it was RESOLVED Vail Bros. a ~Inc.~ Main Road & Peconic Lane~ Peconic~ Bew York~ be ~RANTEDpermission to re--locate existing wall sign on property located at northeast corner of Main Road & Peconic Lane~ Peconic, Peconic, New York~ subject to the following conditions: 1o This sign shall be' erected within one year from this 8~ate. 2. This sign shall not contain over 120 sq. ft, of surface area on any one side. 3. This sign shall be located with. in the applicant's own property line. - Southold Town Boar~of Appeals -8-- January 8~ 1970 4. This sign shall be granted for a period of ~ne 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 Build~49~.~'g~ Zone Ordinance as it concerns si~nso Vote of the Boardh Ayes:-- Messrs: Gillispie~ Bergen,, Hulse~, Grigonis. Mr. Terry advised the Board that the proposed amendment to the Zoning Ordinance conerning foundation inspectionsshould read as follows: A foundation survey shall be required before, any structure is placed upon it~ to be approved by the Building Inspector. The Board was informed that the annual New York~ State Association of Towns meeting will be held February 9th - llth, 1970. A bus will be leaving Greenport~ at approximately 2:00 PiM~'~ Sunday~ February 84 1970 and will pick up any Town Employees interested in g~ing. The bus will return from New York at 1:00 P~M~ Thmzsday~ February 11, 1970. On motion by Mr. Bergen~ seconded by Mro Grigonis~ it was RESOLVED that the minutes of the Southold Town Board of Appeals dated December 11~,1 1969~ be approved as submitted. Vote of the Board: Ayes:-- Messrs: Gillispie.~ Bergen~ Hulse.~ Grigonis. On motion by Mr. Gillispie~ seconded by Mr. Bergen~ itwas RESOLVED that the next regular meeting ofthe Southold Town Board of Appeals will be held at &:30 P'&'M.',a Thursday% January 22~ 1970~, at the Town Office~ MainRoad~ Southold~ New York. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Hulse~ Grigonis. ~ Southold Town Boar/~of Appeals ~9~' .... January 8~ 1970 A hear&ng will be held by the U,So' Army En_~ineers at 7:00 P.Mj~, Friday~ February 13,~. 1970~ at the Roanoke Avenue School, Riverhead, upon application of Levon Properties to extend jetties on their property located at Jamespo~t (near the Southold Town line)~ Represent- atives from the Town Board and the Planning Board will attend the hearing. On motion by Mr~ Gillispie~. seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E, SoT~)~. Thursday~ January 22.a 1970,,~ at the Town Office, Main Road, Southold, New York.~ as the time and place of hearing upon application of Eva Main~ Peconic Bay Blvd., Mattituck,~ New ¥ork~ for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X~ Section 1000A~ f@r permission to divide lots with reduced area. Location of property: east side of Goldin Lane~ Southol~, New York,. bounded north by Soundview Avenue, east by Laakso Broso, Inc.., south by Middle Road, west by~Goldin Lane. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Hulsea Grigonis. The meeting was adjourned at 9:30 Respectfully submitted, APPROVED Betty' ¢eVille, secretary I ') ~_ Southold Town Board of Appeals Robert' W, Oilli~pie~ ~r~, ~a~man