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