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HomeMy WebLinkAboutZBA-02/19/1970Southolcl Town Board eais Telephone 765-~6t~0 APPEAL BOARD MEMBER Robert '~'. Gillispi¢, Jr., Chairman Robert Bergen Charles Grigonis, Jr. S¢r~¢ Doyen, Jr. Fred Huls¢, Jr. $OUTHOLD TOWN BOARD OF APPEALS February 19, 1970 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, February 19, 1970, at the Town Office~ Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr. Absent: Messrs: Charles Grigonis, Jr.; Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 1314 - 7:30 P.M~ ~SjT.)~ upon application of Joseph and Mary Kirwin, Box 43, Pine TreeRoad~ Cutchogue, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X~ Section 1000A, for permission to set off one lot with lnsufficien~ frontage on south side. of Pine Tree Road~ Location of property: Bay Avenue and Pine Tree Road, Cutchogue, New York, Map No. 1179 Nassau Farms, Lot Noo~s 103,. 104,. & part of 105. Fee paid $5.00. · . ~. $outhold Town Boa~-of Appeals -2- f~ February 19, 1970 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 ? MR. JOSo' KIRWIN: Yes,~ I am Mr. KirWin. MR. BERGEN: As we understand it,. there will be the same area with 3 lots, but tie lot lines will be different. MR. KIRWIN: Yes, it is the same plota only the lines will be different. I now have 3 70ft. lots fronting on Bay Avenue $'s 103, 104, & part of 105. Under the proposed division, I will improve the plot by having 2 lots fronting on Bay ~venue, one with 110~ frontage and the other one will have 100' frontage, and the lot fronting on Pine Tree Road will have 70 ft. frontage. MR. BERGEN: As I understand it now~, on lot $ 103 (the north- easterly lot) there is a house and a garage. If we approve thisa at no time can anyone live in that part that somebody connected onto the garage for living quarters. MR.~ KIRWIN: Yes~ I understand that, nobody has been living in there since we bought the property. THE CHAIRMAN: When did you purchase the property,~ in I9667 MR.' KIRWIN: No, it was in1962. THE CHAIRMAN: At that time there was a barn with living quarters on the property,, it is still there~ but no one has used them. MR.~ KIRWIN: Yes, that's right. They have never been used for rental, a couple of times we had quests come out over night, but they have never been rented. THE CHAIRMAN: What we are talking about is establishing two (2) residences on one lot. MRS' KIRWIN: No,. I have no intentions of doing that. The only reason I am doing this is because it is just too much to take care of. I want to even the lots out so they all contain the same amount of area. that correct? care of. Then you propose to sell the other 2 lots, is Yes~ that's right, it is just too much to take ~. .. Southold Town Boa~of Appeals -3-t~" February 19~ 1970 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 applicantrequests permission to set off one lot with insufficient frontage on south side of Pine Tree Road. The applicant now has three ~) 70ft. lots on Bay Avenue. He wishes to re-arrange the lot lines so that he will have 2 lots on Bay Avenue and one lot on Pine Tree Road. He will be improving the Three (3) 70ft. lots on Bay Avenue into 2 lots with 100' frontage and over, and one lot on Pine Tree Road with 70ft. frontage. ~nis will not change the character of the area. In effect the applicant is re-arranging 3 lots into 3 lots differently located on the same property. The Board agrees with the applicant as to the new division of the property as mapped on survey dated June 13~ 1966 byVan Tuyl. The Board finds that strict application of the Ordinance would produce p~actical 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. Hulse~ seconded by Mr. Bergen~ it was RESOLVED Joseph and Mary Kirwin, Box 43~ Pine Tree Road~ Cutchogue~ New York, be GRA/qTEDpermissign to set off one lot with insufficient frontage on south side of Pine Tree Road~ as applied for on propertylocated at Bay Avenue and P~ue Tree Road~ Cutchogue~ New' York,, subject to the following conditions: 1. The present living quarters seperate from the main house on the northwesterly lot may not be used as a sepermte residence as defined in the Ordinance. 2. There shall be no side yard area variances permitted on the easterly lot. Vote of the Board: Ayes:- Messrs: G~ll~spie~ Bergen4~ Hulseo · ~ J' Southold Town Boarder Appeals -4- February 19~ 1970 PUBLIC HEARING: Appeal No. 1315 - 7:45 P.M.' (EjS%'T~')~ upon application of Martin Uo Michaelis~, 67 Park Avenue~. New York a/c William Bruckner~ 75 Herzry Street~, Brooklyn,,. NJY.-,~ for a variance in accordance with the Zoning Ordinance,.~ Article III~ Section 307~. for t>ermission to build new one family dwelling with reduced sideyard area. Location of property: private right-of-way off east side of West Mill Road~. Mattituck~. New York~ bounded north by private road~ east byW E' Sander~ south by Mattituck Creek~ west by C W Argentieri. Fee paid $5.00. The'Chairman opened the hearing by reading the application fora variance,, legal notice of hearing~ affidavit attesting to its publication in the official newspaper~ and notice to the applicant. An amendment was made to the application with Fir. Michaelis's and Mr. Bruckner'~s permission. The application contained ~nly Mr. Michaelis's name (the architect) The Chairman amended the application to read Martin U. Michaelis a/c Wm. Bruckner i(the property owner) THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR~ MICHAELIS: Yes~ I am Mr. Michaelis~ the architect,~ the owner of the property~ Mr. Bruckner~ is also here. THE CHAIRMAN: As I recall~ this lot is 47 ft, wide at the southerly end and the present building is on the line~ You propose to move this down so you will have a 5 ft, sideyard on each side. MR~ MICHAELIS: Yes~ that's right. We are demolishing the old building and erecting a new house. THE ~: Who is going to locate the house? Are you going to get a surveyor to put stakes in? Suppose this were granted~ and you were in New Yorka and someone mislocated the house~ MR2 MICHAELIS: There are stakes on both property lines now. I think it is easy enough to measure it from there~ We will guarantee that it will be located properly. THE CHAIRMAN: MR.- MICHAELIS: Are you going to have a cellar or slab? No~ probably just a foundation wall. THE CHAIRMAt{: it? That~s the point I am trying to get at? 2 feet from the line, what then? Will it be easy to move if somebody mislocates Suppose they put it · , $outhold ToWn Boa ~r~of Appeals --5--/~ February 19,. 1970 MR%' MICHAELIS: We are going to check to make sure they locate it properly. THE CHAIRMAN: O%'Kj What is the area of the lot? MR% MICHAELIS: I don~'t know off hand' THE CHAIRMAN: Well let's see. It is 30 ft. on the private right-of-way~ 52½ ft, on Mattituck Creeks,. and 339 ft. in depth. So it is roughly 15~500 sq. ft~ of areaa 'more than the minimum size. Do you have anything more to add to this application? MRS' MICHAELIS: Nov I don~t think so. THE CHAIRMAN: In order to build this you will have to demolish the present structure, right? There is no way to get past it. You will have to demolish the present structure than construct the new one. MR%' MICHAELIS: Would it matter if we build the new house,~ then tear the old one down~, say within 2 weeks after the new one is constructed? THE CHAIRMAN: I don~t see how you will get the material pastit? Unless you carry it byha~d. MR. MICHAELIS: Oh~, we will manage somehowj THE CHAIRMAN: What is the reason it cannot be torn down first? MRj BRUCKNER: Well~ I have all the furniture~, the refrigeratora stove, etc. and I wouldn't know ~here to put it while the new house is being built. If I could leave it in the old house while the new house is being built~ then I could just move it into the new house, and then demolish the old house. THE CHAIRMAN: Well~ all right~ we could set a condition that no Certificate of Occupancy shall be issued on the new structure until the old structure is demolished" Would that' be satisfactory with you. MR'~ BRUCEA/ER & MR. MICHAELIS: Yes, that will be fine, 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? -- Southold Town Boaf~ of Appeals -6~ February 19~. 1970 (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with reduced sideyardarea. The existing structure is set on the property line at the sOutherlyend of the l0t. Applicant intends to construct new one family dwelling further north with 5 ft. side yards. This will improve the use of the lot. 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 byall properties alike in the immediate vicinity of this property' and in the same use district; and thevariance will not change thecharacter of the district and will observe the spirit of the Ordinance. On motion by Flr* Bergen,: seconded by Mr. Gillispiea it was RESOLVED Martin U. Michael~sa 67 Park Avenue, New Yorka N~Yo a/¢WilliamBruckner~ 75 Henry'Streeta Brooklyna N~Y.' be GRANTED permission to build new one family dwelling withreduced sideyard area on property located on private right-of-way off east side of West Mill Road~ Mattituck~ New Yorka subject to the following condition: No Certificate of Occupancy shall be issued on the new structure until the Old structure is demolishedl Vote of the Board: Ayes:- Messrs: Gillispiea Bergen~ Hulse. Discussion was held on Appeal No. 1309 James J. Treuchtlinger~ Nozech Parish Drive~ Southold~.N~Y,~ The'Chairman reported on his conference with the Town Attorney in reference to this matter. After investigation and inspection the Board finds.that the applicant is the owner of an irregularly shaped lot of adequate size measuring 115 feet on N/$ North Parish Drive at a point 225~ westerly of the intersection of North Parish Drive and NorthfieldLane in Southold" Approximate average width ofthe lot is 123~ while the depth average is 178~ to mean high water of Peconic BaY- The applicant has constructed a home on the property at a distance of 34.8 feet from the s~reet line a/c to a survey of Nov" 26~ 1969. The adjoining Matthews residence to the east was constructed at a distance of 35~ 6"~ thus est- ablishing the required front yard set-back applicable to Treuchtlingero The part of the Matthews house which is lOcated at 35~ 6" is a two car garage. The two adjacent lots to the Southold Town Boa~f Appeals --7-/'~ February 19a 1970 west of Treuchtlinger are vacant. Other houses on the north side of North Parish Drive and further to the west vary in set-back from 35~ to a distance of approximately 60~. The ord/nance sets forth a minimum Of 35~i, unless a lesser or greater average set back has been established by previous construction~ As of the date of the application the Treuchtlinger' house was more than 50% complete at a cost of over $15a000. To move the house to comply with the 35~-6'' set abck would involve consider- able economic loss~ The applicant's attorney holds that area variances may be granted on the grounds of practical difficulties alone without a shoWing of unnecessary hardship. ~ ~McInroy Grunewald 218 N.Y.'S~' 2d 116) also Siegel vs, Lassiter 177 N~'Y.'S~ 2d 894:~ inwhich~ "ThRt no showing of hardship is require~ since the Board of Appeals has discretionary power to grant a variance in harmony with the general purposes and, intent of the Zoning Ordinance. More over hardship need not be shown when seeking an area variance. ConsequentlY~. the self-imposed hardship rule does not apply in such cases." The Court of Appeals held in Fulling vs, Palumbo 286 2d 249.~ "Where the property owner will ~uffer significant economic i$~ury by aPPlication of area standard zoning ordinance;~ that standard can be justified only by showing, that public health~ safety,~ and ~elfare will be served by upholding the application of the standard and denying the variance." The area variance requested in the Palumbo case is considerably greater than the area variance required by Treuchtlingero In addition the Board finds that 'the applicant may have been misled about the strict- ness of the set back requirement when ~pplying for~ a building permit. 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. Hulse~ seconded by Mr. Bergeni it was RESOLVED James J, Treuchtlinger~ 60' East~ End Avenue,~i Hicksville~ New York'~ be GRANTED permission to build new one family dwelling with less than required front yard setback on propertY' located at north side of North Parish Drive.~. Southo~ld~j New York,. sub3ect to the following condition: The setback of the Treuchtlinger house as established in this variance may' not be used in computing the average setback of houses which may be constructed in the future on North Parish Drive. - ~ - Southold Town Board~f Appeals -8- ~" February 19, 1970 Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen,, Hulse. On motion by Fir. Gillispie,' seconded by Mr. Bergen,r it was RESOLVED that the Southold Town Board of Appeals set 7:30 P%-M~~ .(EjS~T~'),~ Thurs~ay,.March 12~ 1970~ at the Town Office~ Main Road,~ Southold~. New York~ as the time and place' of heating'upon application of Frank Carlin, Main Roa~,. Mattituck,_ New York{ for a variance in accordance with-the Zoning Ordinance, Article III~.SeC~ion 383, and Article Xa Section 1000Aa for pemmission to set off lot with less than 100 ft. frontage. Locationof property: south side of Main Road~ Laurel.,, New York~ bounded north by'Main Road~East by'C. Kosloskia south by Railroad,.west by C.. Kosloski. Vote of the Board: Ayes:- Messrs: Gillispie,. Bergen, Hulse. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED ~that the Southold Town Board of Appeals set 7:45 P,~M~' (E~'S~Tj)~ Thursday,. March 12,. 1970~ att he Town Office, Main Road, SoUthold, New York~a as the time and place of hearing upon application of'Edwin H, King~ Main Road,, Orient,~ New Yorka 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 offsouth side of MainRoada Orient~ New York~ bounded north by Main Road~ eastby land of' King~ south by meadow and marsh, west by land of King. Vote of'the Board: Ayes:- Messrs: Gillispie~ Bergen,. Hulse. On motion by Mr. Hulse~ seconded by Mr~ Gillispie~' it was ~ESOLVED that the Southold Town Board o~' Appeals set 8:00 .(Ei'S~T~)~ Thursday~March 12,. 1970,~ at'the T~wn offiCea Main Road~ Southold,~ New York,~ as the time and place of' hearing upon application of Phillip Bellamore~ 1400'East Drive,, North Merrick~ New York, for approval of access over private rightS,f-way in accordance with the State of New York Town Law,, Section 280A. Location of property; private right-of-way'along southerly line ofLot ~, Map no.'41 Shore Acres~. Mattituck, New York. Vote of the Board:' Ayes:- Messrs: Gillispie, Bergen~ Hulse. Southold Town Boarg~f Appeals -9 .... February 19, 1970 ~-On motion by Mr. _Be~gen$~ seconded by Mr. Hulse~. it was RESOLVED Town Board of Appeals set 8:15 (E~S.T.~)~ at the T ~own._office,~ Main Roa~ Southold~ New .York,. ~ and -place of 'hearing upon application of ~;~3~&~P(2~e~g~.~4~33 Broadway,. New York.~: N. Yf 10010,, for approval of access over private right'of-way ~. accordance wi~ State of New York Town Law~. Section 280A. Location ~f pro~rty: private right-of-way off nor~ side of Main R~ad,~ Orient, New bo~ded nor~ by L%~I~' Sound,. east by'C~an~ Brown,: & o~ers, sou~ by Ma~ Road, west by' Schaefer: Estate. Vote of ~e Board: Ayes:- Messrs: Gillispie, Bergen, Huls~ ~ motion by ~. ~rgen, seconded by' ~. Gillispie,. it was ~SOL~ ~at the m~utes of ~e Southold Town Board of Appeals ~ted Janu~y 12, 1970,. be approved as submitted. Vote of ~e Board: Ayes:- Messrs: Gillispie, Bergen~ Hulse. ~ motion by ~. Bergen, seconded by ~. Hulse~ it was ~SOL~ ~at ~e minutes of the Sou~old Tewn Board of Appeals dated Dec--er 5, 1968, as prepared by Betty'Neville rrm-tape,, be approved as su~itted. Vote of the B~d: Ayes:- Messrs: Gillispie~ Bergen,: Hulse~ ~e Bo~d was informed ~at a meet~g of the Board of Appeals,. Planning Board,. ~d Town Board will be held at 7:30 'P%~MJ~ Tues~y~ March 10,. 1970,. at '~e Supe~isor~s Office~. 16 SOuth. Street, Greenport, to discuss ~e proposed ~en~ents to the ~on~g Ordinance~ Ai~ m~ers to bring ~eir copies of proposed zoning ~n~e~ts. The-meeting was adjourned at 9:15 Re spect fully submitted,, Southold Town Board of' Appeals Robert W~. Gillispie, 'Jr. ~ Chairman