HomeMy WebLinkAboutZBA-07/29/1971Southold Town Board of Appeals
SEIUTHOLD, L. I., N.Y. 11971
Telephone 765-~6~0
APPEAL BOARD
ME'~4BER
Robed: ~(/. GiJlispie, .Jr.~ Chairman
Robert Bergen
Charles Gri$onis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
MINUTES
BOUTHOLD T~ BOARD OF APPE~I~
July 29, 19?l
A regular meeting o£ the ~outhold Town Board o~ Appeals was
held at 7:30 P.M., Thursdays- July 29, 19?ls at the Town 0££ice,
Main Head, Eouthold, New York.
There were present: ~ssrs: Robert ~'. Gillispie, Jr., Chairman;
Robert Bergen; Charles G~igonis.
Absent: ]~.~. ~erge Doyen, Jr.; ~¢~. Fred ~lse,
Also ~esent: !~. Howard Terry, Building inspector.
i~BLiC HEARING: Appeal N6. 1445 - 7:30 P.M; (E.D.~T.),
upon application of Harold Mahe~, Mill Creek Drive.& N~adow~ane,
Southold, New York, for a varlanoe~in accordance with the Zoning
~rdinance, A~ticle III, Section 307, for pe~issi~n to construct
addition to existing~d~ll~ with reduced front yard setback.
~cation of property: southeast corner of Mill Creek Drive and
~ieadow~ne, Southold~ New York, bounded north by Mill Creek Drive,
east by. Robert ~. ~E~ south by Mill Creek, west ~ Meadow ~ne.
Fee paid $5.00.
The Chairm~ opened the hearlngbyreading the application
For a variance, legal notice o2 he~ing, affidavit attestir~ to
its publication in the official newspapers, and notice to the
applicant. ~
~C~N: Is there anyone present who wishes to speak
~or t~s application?
~. C~$~ ~$F~: I am appearing For ~. M~her. He had
to be in~ssac~setts for his sister's weddi~ a~ivers~y.
TP~ C~~: This is an extremely odd shaped lot.
~outhold Town Board ~_/Appeals -2-
I~. ORLO~Ei: As stated in the application, even with the
addition; it still would have more than a 35 £oot setback from
the road. The lot narrows down to a very small m~gin. Mr.
Maher has a. bedroom upstairs but would like to have one downstairs.
THE CHAIRNA~: Is Meadow~ane a public street~
~. OEY.~KI: It is a dead-end. It is a private lane.
TP~ OHAIR~N: He is actually, I think, further back than any
of the other houses. The garage doesn't show on the drawing.
2~R. HOWARD TERR~, Building Inspector= The garage was granted
to him last year.
THE CHAIRMAN: The p~oposed addition is 18 feet by 14 feet;
that still leaves ~0 feet.
THE OHA!R~: Is there anyone present who wishes to speak
against this~applicat!on?
(There was no response,)
After investigation and inspection the Board finds that
applioant requests perm~ssion to construct addition to existing
dwelling with reduced fro~yard setback located southeast corner
of Mill Creek Drive and Meadow Lane, $omthold, New York. The
Board finds that applicant is the owner of an unnsually odd shaped
lot. The addition will more than meet the minimm standards of
the Town. The adjoining road is a private lane. The BOa~d,
therefore, is in agreement with the reasoning of the applicant.
The Boa~d finds that strict application of the Ordinance
would produce practical difficulties or u~ecessa~y hardship; the
hardship created is ~nique and'would not be shared by all properties
alike in the immediate vicinity o£ this property and in the same
use district; and the variance will not change the character of
the neighborhood, and will observe the spirit of the Ordinance.
On motion by N~. Gillispie, seconded by ~. Grigonis, it was
REEOLVED Harold~MaheP, Mill cr~ekDrive, ~outhold~ New York,
be GRANTED perm~ssion to construct addition to existingdwellim~
with reduced frontyard setback as applied for On property located
on the 'southeast corner of Mill Creek Drive and Meadow Lane,
~outhold, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis.
~outhold Town Board o~-~Appeais -3- Ju~ 29, 1971
PUBLIC HEARING: Appeal No. 144.5 - 7:~5 P.M. (E.D.~.T.),
upon application of Mauriee Cooke, 296 Pa~k ~ane, l~assapequa P~k, ~,~
New Y~k, for a vari~ce in accordance with the Zoni~ ~dinanoe,
~ticle ~I, Section 306, fo~ peri,sion ~o construct new one
f~ily dwelli~ with insufficient front yard setback. Location
of propers: southwest corner of ~a~el ~ne ~d Ole Jule ~ne,
~ttituek, New York, b~nded north by O~nr~l~ne, east by¥Ole
Jule ~ne, south by Charles Rivol~a, west by o~al (Ja~s Oreek).
Fee paid $%.00.
The Chairman opened the hea~ing by reading the application
for a variance, legal notice of hearing, a~fidavlt attestim~ to
its publication in the official newspapers, and notice to the
applicant. .~
THE OHAIRMAN: Is there anyone present who wishes to speak
for this applications
MR. ING~ 0IAUSEN: I am acti~ for the owner.
THE G~IRMAN: This is a pie-shaped lot on an unmsed road.
It's technically required to have 35 feet from a public highway
but .due to the shape of the lot and the fact that the westerly
portion is meadow, bog and fill, it is unlikely that this will
ever be used.
MR. CtAU~N: I don~t have anything to add to what was said
in the application except that it, s impractical to build a house
in a creek. It has 65 feet on the front, and the rear is 120 feet.
The rear is in the creek, itself. In order to build this house
and stay within the local code, the house would have to be'built
in the creek. The lot is 200 feet deep; 22,000 sq. ft. over-all.
THE CHAIP~AN: The lot exceeds the minimum requirements.
Is there anyone.present who wishes to speak against this application?
(There was nc response.)
A~ter inve~igation and inspection the Board finds that the
applicant requests permission to' construct new one family dwelling
with ins~ficient front yard setback on property located southwest
corner of Ohannel~ane and Ole Jule Lane, Matti~uck, New York.
The findings of the Board are that this property is a co~ner lot,
odd shaped, and partially meadow land. The lot size exceeds the
minimum requirements and is on a dead-end, unimproved and little
used road. The Board agrees with the reasoning of the applicant.
The Board fi~s that strict application of the O~dinance
would produce practical difficulties or unnecessary hardship; the
hardshop 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; a~d the variance will not change the character of
the neighborhood, and will observe the spirit of the Ordinance.
Southold Town Board ~ Appeals -4- J~..29, 1971
On motion by Nm. Bergen, seconded by ~. Grigonis, it was
RE~OLVED Maurice' Cooke, 286' park 'Lane, ~ssapequa~ Pa~k,
New York, be G~ permission tO construct new one family
dwelling with insufficient front yard setback on Property
located-on southWest corner of Channel Lane and 01e Jule Lane,
Mattituok, New York, as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis.
PUBLIC HE~RiNG: ApPea.l No. 1446 - 8:00 P.M. (E.D.E~T%),
upon appltcatign of James Kiernan, 58-i% 217 Street, Bayside, New Yo~,
for a variance in accordance with the Zoning Ordinance, Article iii,
~ection 307, for permission to construct new one family dwelling
with insufficient side yard area. Location of property: west side
of Birch Road, EoUthold, New York, bounded north by P. Delyanis,
east by Birch Road, south by S. Smith, west by P. De!yanis. Fee
pa d
The Chairman opened the heartng byreading the application
for a variance, legal notice of hearing, a~fidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
T~E CHAIRMAN:
this application?
Is there anyone present who wishes to speak for
MR. E~IN ABITZ: i am acting for the owner.
E. H0~AHD TERRy, Buildi~ Inspector: The mad shows the
original house plan. Now they are altering the house plan.
ME. ABITZ: Thedimensions of the original house was 71 feet
with attached garage. The owners are requesting an enlargement
of the house of 2 feet. The building line is 96 feet so that
would leave us with 23 feet. I have suggested that perhaps we
can center the building and leave ll~feet on each side.
T~ECHAIPJ~N. The front part of the house would have the
full amount necessary for sideyards.
~R. ABITZ: it would be 96 feet across.
THE CHAIRIng: What you are saying would be true iF the
house~were centered, if' it were centrally located. You en-
counter the average as you go toward Birch Road. You have a
36 foot setback. You might not need a variance.
THE O~HAIRMAN: Is there anyone present who wishes to speak
against this application?
MR. ~MITH~ t own property next door, on the south. Is there
any definite d~stance that a house must be from the line- any set
~outhold Town Board o_t..~ppeals -~- _~ly 29, 19?l
distance?
THE CHAIRI@~: Ton have a very good question. For twelve
years we thought a line meant a line (3~ foot setback~ until
some Judges came along who thought differently. There is a
Judge in ~estchester who rules Favorably if restrictions are
not observed due to error. For eight or nine years we have
been trying to get the Town Boa~d to agree to have foundations
~urveyed before a building is put up. Frequently foundations
are put in by sub-contractors and it winds up that a dwelling
may be ~ inches too close to a line. We formerly had been
making people move houses or if a man put a bay window on the
front of his house that stuck out in a row of houses, we would.
make him take it off. It's old fashioned thinking that a line
means a line.
MR. ~MITH: A~e they going to put the same distance on both
sides? It was 71 feet, new it is going to be 73 feet.
~. ABiTZ: l had suggested that I would center the house so
it would be equal on both sides.
2~. S~ITH: · think my neighbor would not be unhappy if there
were I foot,on his side, and I foot on my side. He wo~ld not be
happy with 2 feet on his side, and I would be unhappy if the 2 feet
were on m~ side.
THE CHAIR_M~N: Due to the early layout of this locale, and
also due to eha~ges in the aesthetics of the lots, they wound up
being pie-shaped. That is why you have a Board of Appeals. The
survey of Van Tuyl dated August 26, 1970 shows 92 feet in the
rear and 100 feet on Birch Road. The adjoining lot is even more
irregular. The corner lot is 75 feet on the road and ll6 feet
on Birch Road. The depth ortho lot under discussion is adequate.
There is 12,500 sq. ft. which is minimum at the moment. ~. Abitz
said that he could center the house.
Afte~ investigation and inspection the Board finds that
applicant requests permission to construct ne~ one family dwelling
with insu~ficient sideya~d area on the west side of Birch
~outhold, New Yo~k. The Boar~-finds that the original plan
has been altered; the rear ef the lot is 92 feet Causing a
reduced lot width at the buildi~ line. The front of the lot
is 100 feet and it has the required area of 12,500 sq. ft. The
original house was 71 feet, with attached garage. The owo~ers
are requesting an enlargemeh~ of the house of 2 feet, which
would leave 23 feet in sideyards. The Board is in agreement
with the reasoning of the applicant if the house is centered
leaving ll~ feet sideyards on each side of the house.
Eouthold Town Board o~Appeais -6- Ju_~ 29, 1971
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hard-
ship created is unique and would not be shared by all properties
alike in the'immediate vicinity of this property and in the same
use district; and the variance will not change the character of
the neighborhood and will observe the spirit of the Ordir~noe.
On motion by N~. Grigonis, seconded by Mr. Bergen, it was
RESOLVED James Kiernan, 58-15 2iTth ~tr~et, Baysid$~ New York,
be GRANTED permission to construct new one family dwelling with
ir~ufflcient side y~vd a~ea located on the west side of Birch Road,
Southeld, New York, as applied for but subject to the following
condition:
That the house be centered, leaving an ll~foot side yard on
each side of the house.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis.
PUBDIC HEARING: 'Appeal No. 1~7 - 8~15 P.M. (~.D.S.T.), upon
application of Richard Hammel, North Oakwood ROad, Laurel, Ne~
York, for avariance in accordance with the Zoning O~dinance,
Article Iii, Eection 303, and Article X, Section 1000A, for per-
missio~to~divmd property and set off lots with less than 100 ft.
frontage. Location of property: east side of NOrth Oa~ood Road,
Lot No.~s ~9 and 50, F~P No. 212l~aurel Park Subdivision, Laurel,
New york. Fee paid$5.00..
The chairman opened the hearing by reading the application for
a variance, legal notice of besting, affidavit attesting to its
publication in the official newspapers, and notice to the applicant.
THE C~E;~N: is there anyone present who wishes to spe~ for
this application?
MR. RICHARD E~ME~: i am tz~ying to.get m~ two lots in line
with the rest of ~hem so t~at in the event that I sell it~would be
~,o parcels instead of one. I have toyed with the idea of raising
the roof on my six room house that has a library and office but it
seems that I might have to put two bedrooms and a bath on the other
lot. The day may come when I m~gh~ want to separate.
THE CHAIRi~N:
2~R. ~L: I want to get it on record to be divided. Nothing
Southold Town Boa~d of Appeals -7- july 29, 19?l
is contemplated in the immediate future. There is about 25 feet
of marshland on the lower end of the lot.
After investigation and inspection the Board finds that
applicant requests pemmission to divide property and set off
lots with less than I00 ft. i~ontage located east side of North
OakwoodRoad, Learel, New York. The Board fiD~s that applicantls
lots would be larger than the standard size lots in the area,
that a large majority of lots in the neighborhood are used as
single lots, and~ that Lot No. 49 has an area of 21,~20 sq. ft., and
Lot No. 50 has an area~of 20,640 sq. ft.
The Board finds that strict application of the Ordinane~
would produce practical difficulties or unnecessary hardship; the
hardship created is unique and would not be shared by all proper-
ties alike in the immediate vicinity of this property and in the
same use district; and the variance will not change the charactem
of the neighborhood and will observe the spirit of the Ordinance.
On motion by ~. Gillispie,
seconded by F~. Bergen, it was
RESOLVED Richard L~ Ham~el, 1600 North Oakwood Road, Laurel,
New York, be GRAt~i~D permission to~t divide pmoperty and set off
lots with less than 100 ft. frontage, located east side of North
~akwoodRoad, Lot No.'Is ~9 & 50, Map No. 212 Laurel Park Subdivl-
sion, New York, as applied for, but subject to the condition that
theme be no reduction of the sideyard on the southerly side.
Vote of the Board: Ayes:-Messrs: Gilltspie, Bergen, Grigonis.
On motion by Mr. Gillispie, seconded by Mm. Bergen, it was
.RESOLVED that the minutes of the $outhold Town Board of
Appeals dated July 8, 1971, be approved as submitted, sub Jest
to minor correction.
Vote of the Board: Ayes:- Messrs: Gilllspie, Bergen, Grtgonis.
On motionbyMr. Grtgonis, seconded by ~. Bergen, it was
RESOLVED'tHat the next regular meeting of the SoutholdTown
Board Of Appeals will be held at 7:30 P.M., Thursday, August 19,
1971, at the Town Office, ~in Road, Southold, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis.
On motion by N~.. Gr~goni~, seconded by N~. Bergen, it was
RE~OLVED that the ~outhold Town Board ef Appeals set ?:30
P.M. (E.S..T.)~, Thursday, August 19, I971' at the Town Office,
Main Road, Southold, New york, as the time and-place of hearing
Upon application of Patrick & Marie Gar~lg, Richmond Road,
~thold, New York, 2or a vamlance in accordance wfth~ the
Zoning O~d~nance, Amtfcle IIi, Eectfon 30?' for pe~isslon to
Construct addition to existing dwelling with ~nsu~f~c~ent side
yard area. Location of property: e~st side Of RichmOnd Road,
Southold, New York, bounded north by A. Bondarch~k, east by J.
Frank, south by Madeline Ammstrong, west by Richmond Road.
Vote of the Board: Ayes:- Mes~rs: Gilltspte, Bergen, Grtgonis.
On motion by N~. Bergen, seconded by N~. Grfgonis, it was
RE~ll~VED that the Southold Town Board of Appeals set ?:40
P.M. (Eo~.T.), Thursday, August 19, l??l, at the Town Office,
Main Road, ~outhold, New York, as the 'time and place of hemming
upon application of ~eamus '& Bertha Lynch, Case Road, Cutchogue,
New York, for a variance in accordance w~th the Zoning Ordinance,
Amtlcle III, $~ctfon 300, Subsection 6, and Article III, ~ectiou
309, for permission to locate accessory building in front yard
area. LocatiOn of proper~y: north side of Case Road, Cutchogue,
New York, bounded north by Miller-North Fork Co., east by ~wamp
Road, south by Case Road, west by Bay Road- Miller.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonls.
On motionbyf&v. Gillispie, seconded by N~. Grigonis, it was
RE~OLVED that the ~outhold TowrnBoard'of Appeals set 8:00
P.M. (E.S.T.~, Thursday, August 19, 1971, at the Town Office,
Main Road,~Southold, New York, as the time and~place of hearing
upon application of EdWard F.~'& Francais E. Klett, B~ay Avenue,
Laurel, New York, for a variance in accordance with the ~onir~
Ordinance, Article III, Sections 303 & 307, and Article X, Section
1000A, for permission to divide property and set off lots with
less than lO0 ~t. frontage. Location of property: east side of
Bray Avenue, Laurel, New York, bounded no~thby Doris Hell, east
by Wells Road~- Mangiamele, south by Camp Property.
On motion by N~. Grigonis, seconded by Nm. Gil!ispie, it was
REEOLVED that the ~outhold Town Board' of APpeals set 8:10
P.M. (E.~.T.), Thursday, August 19, 1971, at"the Town Office,
Main Road, ~outhold, New York, as the time and place of heari~
upon application of Camille Mary Brasch, Ackerly Pond Road,
Southold, New York, for a special exception in accordance with
the Zoning Ordinance, Article III, ~ection 300, ~ubsection
for permission to convert existing one family dwelling into two~
(2) family dwelling. Location of Property: we~t side of Ackerly
POnd Road, Southold, New York, bounded north by W.~ C. Bolenius,
east by Ackerly Pond Road, south by Harold Reese~ west by Harold
Reese.
Vote of the Board:- Ayes:- Messrs: Gillispie, Bergen, Grigonis.
On motion by Mr. Bergen, seconded by l~. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set 8:20
P.M. (E.~.T.~, Thursday, August 19, 1971, at'the Town Office,
Main Road, ~outhold, New YOrk, as the time and place or'hearing
upon application of Roy HarringtOn, CarringtonRoad, Nassau Point,
Outchegue, New York, for a variance in accordance with the-
Zonin~ Ordinance, Article III, ~ect~on 300, Subsection 6, and
Article III, Section 309, for permission to locate accessory
structure (Ewimming pool) in front yard area. Location 'of
property: north side of,Carrington Road, Lot No. 382 on Map
of Nassau Point Club t~op., Inc., Map No. 806, ~ection
Cuteh~e, New York.
Vote of the Board: Ayes:- ~ssrs: Gillispie, Bergen, Grigonis.
On motion by ~. Gitlispie, seconded by Mr. Bergen, it was
RESOL~ that the ~outhotd Town Board'Of Appeals se~ 8:30
P.M. (E.~.T.),'Thursday, August 19, 1971, at'the Town Office,
Mmin Road, ~outhold, NeW ~ork, as the time and place of hearing
upon application of G~ne Heacock, Cedar Beach Road., Bouthold,
New York, for a variance in accordance with the Zoning Ordinance,
Article iii, Eection 303, and Article X, Sections lO00A & 100OB,
for permission to occupy undersize second dwelling on lot with
insufficient area; upon Order to Remedy Violation from the
Building inspector for using unauthorized second dwelling on
premises. Loc~tion of property: north side of Cedar~ Beach Road,
~outh01d, New York, bounded north by A. Weymouth, east by Peconic
Bay, south byOedar Beach Road, west bY Gasper Pisacano.
Vote of the Board: Ayes:- Messrs: Gil!ispie, Bergen, GRigonis.
On motion by M~. Grigonis, seconded by lz~. Bergen, it was
EE$OLVED that ~he Southold Town Board of Appeals set 8:40
P.M. (E.~.T.), T~rsday, August 19, 1971, at the Town Office,
Main Road, Eouthold, New York, as the time and place of hearing
upon application of Daniel Bt & Elizabeth M. Lyons, 240,61 De Pew
Avenue, Douglaston, New York, £c~ a variance in accordance with
the Zoning Ordinance, Article III, Section 303, for permission
to occupy existing dwelling on lot with insufficient area.
Location of property: north & east side o£ Birch Drive, Laurel,
New York, bounded north by Birch Drive, east by Birch Drive,
south by Mary E. Mansell, west by~Venteau Corp.
Vote of the Board: Ayes:- t~ssrs: Gitlispie, Bergen, Grigonis.
On motion by~. Bergen, seconded by l~r. Grigonis, it was
RESOLVED that the ~outho!d Town Board-of Appeals set 8:50
P,M. (E.E.T.), Tb~sday, August 19, 1971, at'the Town Office,
Main Read, Southotd, New York, as the time and place of hearing
upon application of Antoinette'Sacomano, Orchard Street, New
~uffolk, New York, for a variance in accordance with the Zoning
Ordinance, Article Iii, SesSion 303, and Article X, ~ections
1000A & 1000B, for permission to occupy undersize dwellim~
on lot with insufficient area. Location of property: north
side of Orchard ~treet, New F~ffolk, New York, bounded north
byM. Wieczorek, east by E. H. Tuthill, south by Orchard Street,
west by Bulger - ~ieczorek.
Vote of the Board: Ayes:- >~ssrs: Gillispie, Bergen, GRigonis.
On motion by Fir. Gillispie, seconded by Mr. Grigonis, it was
RE~OLUED that the ~outhcld Town Board of Appeals set 9:00
P,M. (E.E.T.~, Thursday, August 19, 1971, at 'the Town Office,
Main Road, ~outhold, New York, as the time and place of hearing
upon application ~f ~illiam & Margaret Pausewang, Cox Neck Road,
Mmttituck, New York, for a variance in accordance with the Zoning
Ordinance, Article III, ~ection 303, for permission to purchase
frontage of lems~than 100 ft. on Town Road. Location of property:
north side of Cox Neck Road, & east Side of RosewOod'Drive,
Eattituck, New York, bounded north 'by E. & L. ~ledJeski, east by
Cox Neck Road, south by Rosewood Drive, west by Rosewood Estates
subdivision.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grlgonis.
~omtho!d Town Boa~ ~ Appeals -it- J~ y 29, 1971
The ~teet!ng was adjom~ued at 9:45 P.M.
Respectfully submitted,
MarJo_~e McDermott, ~eoretary
~o~thold Town Board of Appeals