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HomeMy WebLinkAboutZBA-12/07/1972 APPEAL BOARD MEMBER Robert X,~'. GiJ lispie, Jr., Chairman Robert Bergen Charles GrigonJs, Jr. Serge Doyen, Jr. Fred Hulse, Jr. $outhold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119'71 Telephone 765-26~50 MINUTES SOUTHOLD TOWN B0~RD OF APPEALS December 7, 1972 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, December 7, 1972, at the Town Office, Main Road, Southold, ~ew Pork. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr. Also present: Mr. Howard Terry, Building Inspector. Absent: F~. Serge Doyen, Jr. Decision of the Southold Town Board of Appeals on Appeal No. 1695, Otto and Bernice Macomber, Pine &.~venue, So~thold, New York. (A public hearing was held on November 16, 1972 at 8:30 P.M. (E.S.T.) for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than required area and frontage. Location ?? property: east side Pine Avenue, Southold, New York, Lots ll ~nrough 15 inclusive, Map of Goose Bay Estates). THE CHAIRMAN: The decision on this appeal was postponed until tonight at 7:30 P.M. The applicant has furntsb~ a sketch from the tax map, indicating the size of surrounding ~properties, as requested by this Board at the time of the public i~earing. After investigation and inspection the Board finds that applicant requests permission to divide property with less than required area and f~ontage on premises located on the~east side of Pine &venue, Southold, New York. The Board finds that the surrounding lots, as designated in the sketch of th~ ~tax map tracing dated December 7, 1972, are smaller in size ~han the size of lots the applicant requests. The Board agrees w~ ~h the reason- ing of the applicant. ~ Southold Town Board of Appeals -2- December 7, 1972 The Board finds that strict application o~."~he 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 iu the same use district; ~nd the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by F~r. Gillispie, seconded by Mr. Grigonis, it was RESOLVED Otto and Bernice Macomber, Pine Avenue, Southold, New York, be GRANTED permission to divide property with less than required area and frontage on premises located on the east side of Pine Avenue, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1699 - 7:45 P.M. (E.S.T.), upon application of Goldsmith Building & Const. a/c Conrad ADieus, Nassau Point Read, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, C-2 and ~ection 302, for permission to construct garage partly in front yard area. Location of property: south side Nassa~ Point R0a~, Cutchogue, New York, Lot #83A, Nassau Point Properties. Fee paid ~i5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRF~N: Is there anyone present who wishes to speak for this application? MR. Air--RED GOLDSMITH: I applied for ¥~. Conrad Ahrens. This is a difficult place in which to build. It was a summer bungalow that has been remodeled. THE CH~AIR~AN: If there is any place that has a topographical difficulty, this is it. It's a pretty good size lot and the pro- posed location is a long way back from the street. THE CH~IRF~N: !$ there anyone present who wishes to speak against this application? (The~e was no response.) Bouthold Town Board of Appeals -3- December 7, 1972 After investigation and inspection the Board finds that applicant requests permission to construct garage partly in front yard area. The findings of the Board are that applicant has unusual topographical difficulties, including an extremely steep slope, and that there is virtual~y no rear yard available. The Board also finds that the garage would be set well back from the street and would have a large side yard. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the 0rdinauce would produce practical difficulties or unnecessary hamdship; 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 neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gtllispie, it was RESOLVED Goldsmith Building & Ccnst. a/c Conrad Ahrens, Nassau Point Road, Cutchogue, New York, be GRANTED permission to construct garage partly in front yard area on premises located on the south side of Nassau Point Road, Cutchogue, New York, as applied for. Vote of the Board: &jes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1698 - 8:00 PiM. (E.S.T.), upon application of Leo W. Tilltnghast, 232 Third Street, Greenport, New York, for a variance on accordance with the Zoning Ordinance, Article III, Section 301, for permission to construct dwelling with insufficient side yards. Location of property: Washington Avenue and Wtlmarth Avenue, Greenp~rt, N. Y., Lots 41 and 50, Map of Washington Heights Subdivision. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice ef hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey indicating that the two lots in question, Nos. 41 and 50, total approximately 10,800 square feet. On Washington Avenue the width is 41 feet, and on Wilmarth Avenue the width is ~7.6 feet. These are the last two empty lots on this block. ~outhcld Town Bo~rd of Appeals -4- December 7, 1972 THE CHAIR~: Is there anyone present who wishes to speak for this application? MR. LEO W. TILLINGHAST: I would like to put a prefabricated or mobile home ou the property. This home is advertised as being 2~t x ~0~ but the actual size is 22.6' x 40'. i have gained I can not hook on to a sewer because Southold Town and Greenport are in litigation. MRi ROBERT ERUSZE~KI, Wilmarth Ave., Greeuport: As near as I can tell, my house is set back 35 feet from Wilmarth Avenue. MR. TILLINGHAST: I want to build on Wllmarth Avenue which is the widest area. I will run it the long way. THE CHAIRMAN: That's what we were going to suggest to you. Do you plan to center the mobile home? MR. TILLINGHA~T: Yes, if I can. I will go back whatever distance I am supposed to go back from Wllmarth Avenue; keeping it in line with other homes will make it look better. THE CHAIRMAN: You have to be pretty exact on this. The Ordinance reads that "the front yard setback shall be the average setback of the existing dwellings within 300 feet of the proposed dwelling, on the same side of the street, within the same block, and the same use district". I Would assume that these houses have all ~been built since 1957. MR. ROBERT EUSZESKI: They have been built since 19~7. THE CHAIRMAN: (Addressing ~. Tiltinghast) Ask ~m. Howard Terry, our Building Inspector, about the average setback. These two lots, for the record, have been in single and separate owner- ship since the 1920's. It would not make any difference what size lot is required now; the owner of the property would be allowed to use it. The situation was created back in the 1920's. THE C HAiR~..N. Is there anyone present who wishes to speak against this application? FA~. ROBERT KRUSZESKI: I live to the west of the property in question. I am not speaking "for" or "against". I under- stand that Mr. Tillinghast plans on centering this house on his property. I am interested in the distance it will be from ~V property line. Southold Town Board of Appeals -5- December 7, 1972 THE Ct~ALRMAN: The present total side yard requirement is 20 fee~ and 15 feet, making a total of 35 feet. Assuming this property is 46 feet wide and the mobile home is 23~ feet wide, he is Working with 22~ feet - ll feet plus on each side. The law says he has to have 20 feet and 15 feet on a ~0,000 square foot lot~. This is an undersized lot that has been in single and separate ownership since long before zoning. He is entitled to a 50% reduction. MR. KRUSZESKI. If it's ll feet from m~ property line I will go along with it. THE CHAIRMAN: Does anyone else wish to speak against this application? (There was no response.) THE CHAIR~N: Are there any questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct dwelling with in- sufficient side yards on premises located at Washington ~venue and Wilmarth Avenue, Greenport, New York, Lots 41 and 50, Map of Washington Heights Subdivision. The findings of the Board are that Lots 41 and 50, which the applicant proposes to use, are 47.6 feet in width on Wilmarth Avenue and 41 feet on Washington Avenue. They have been held in single and separate ownership since prior to the passage of the first Zoning Ordinance. The applicant proposes to locate the mobile home au equal distance 2 ~ from the side lines of this property. The mobile home is 3~' x ~0~ and will be placed at the northerly end of the property toward Wilmarth Avenue. 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 neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by N~. Bergen, it was RESOLVED Leo W. Tillinghast, 232 Third Street, Greeuport, New York, be GRANTED permission to construct dwelling with insufficient side yards on premises located at Washington Avenue and Wilmarth Avenue, Greenport, New York, Lots 41 and 50, Map of Washington Heights Subdivision, as applied for, subject to the following restriction: Southold Town Board of Appeals -6- December 7, 1972 That applicant center his mobile home, and that it shall be no closer than 10~ feet to either side line; and that the average front yard setback shall determine the distance back from Wilma~h Avenue. Vote of the Board: ~yes:- Messrs: Gitllspie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1697 - 8:15 P.M. (E.~.T.), upon application of Leon C. and Katherine A. Marcus, 145 Sylvan Lane, East Marion, New York, for a variance in accordance with the Town Law, Section 280~, for approval of access. Location of property': north side Main Road, Orient, New York, bounded north by F. A. Dorman Estate; east by Lydia Broyn, south by Main Road; west by George L. Edwards Est. Fee paid $15.00. The Chairman opened the hearing by reading the application for approval of access, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CH~IR~N: is there anyone present who wishes to speak for this application? MRS. F~THER!NE A. MARCUS: The Planning Board thought we owned separately. We own it all together. They interpreted it that we owned in two different sections. THE CPL~L~M~N: You don't have a minor subdivision up there? MRS. MARCUS: No, we do not. THE CHAIRt~N: As i understand it, the new owners have no intention of subdividing. If they ever did there would have to be a 50 foot access which is proper for subdivision. This access was originally a farm road that went up the easterly side of the property. You plan to reserve 39 feet all the way up, approxi- mately 40 feet. (The Board and Mrs. Marcus studied the map, and Mrs. Marcus indicated where they plan to build). ~S. M~RCUS: We bought in September or October of 1972. TEE CHAL~MAN: (indicating map) This has been sold to a f_ ~end and they have to get access. Southold Town Board of Appeals -7- December 7, 1972 THE CEAIRMAN: (addressing Mr. Terry) original subdivision plan? MR. HOWARD TERRY, Building Inspector: between the two houses to the Sound. Do you remember the The road went up ~ CHAIRMAN: What we would do would be to limit the use of this access to one family here (indicating map), and one family here, and to the farmer. You understand that this access could not be used for anyone other than your own house, the other house, and the farmer. If you sold another house you would have to put in the required type of road. (Mrs. Marcus indicated that she understood t~he requirements). THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) i After investigation and inspection the Board finds that applicant requests approval of access on premises located on the north side of Main Road, Orient, New York. The findings of the Board are that applicant has made a reasonable request. The acreage between these two plots and the Main Road is to be kept in farmland. The access as described is the most practical access. The access will have to be improved, subject to final approval of the Building Inspector, to a width of at least 15 feet. It will have to have bank run so that emergency vehicles can get in at any time of the year, and will have to be crowned and the dips filled in. Also, where the access meets the Main Road the hedge on the east side should be clipped for better visibility. The Beard agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficu~ties or unnecessary hardship; the hardship created is unique and would net 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 Ordinance. On motion by ~, Gillispie, seconded by Mr. Hulse, it was RESOLVED Leon C. and Katherine A. Marcus, 145 Sylvan Lane, East Marion, New York, be GRANTED approval of access on premises located on the north side of Main Road, Orient, New York, as applied for, subject to the following conditions: That the access be limited to the two plots described and that they shall be for single, residential, family use. Access shall be improved to a width of at least 15 £eet subject to final approval of the Building Inspector. Southold Town Board of Appeals -8- December 7, 1972 That hedge on the east side, where access meets the Main Read, should be clipped to a height of 30" for better visibility. Vote of the Board: Hulse. Ayes:-Messrs: Gillispie, Bergen, Grigonis, PUBLIC HEARING: Appeal No. 1700 - 8:30 P.M. (E.S.T.), upon application of Carol Dowd and Theodore Dowd, c/o Thomas Daly, Southold, New York, for a variance in accordance with the Zoning Ordinance, Amticle III, Section 301, for approval of lots in minor subdivision with less than required area. Location of property: Sound View Avenue Extension and Lighthouse Roa~, $outhold, New York, Minor Subdivision No. 39. Fee paid $15.00. The Chairman opened the hearing by reading the application for s variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRN~N: Is there anyone present who wishes to speak for this application? MR. THOMAS D&LY: I am here to represent Carol and Theodore D~wd. I have a survey of the property with me. (Referring to survey) These two lots were sold last year. These lots are the ones that remain. They are under contract. THE CHAIRMAN: The survey is dated October 19, 1970. When was the subdivision approved? MR. DAIS: September 26, 1970. I think we need approval for a Certificate of Occupancy. MR. HOWARD TERRY, Building Inspector: It should be confirmed. 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 applicant requests mpp~evat~£ lots in minor subdivision with less than required area on premises located at Sound View Avenue ~xtension and Lighthouse Road, Southold, New York, Minor Sub- division No. 39. The findings of the Board are that a minor subdivision was approved in 1970 and that two lots have already been sold from Map dated October 19, 1970 describing the property. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -9- December 7, 1972 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 neighborhood, and will observe the spirit of the Ordinance. On mot!on by Mr. Hulse, seconded by M~. Grigonis, it was RESOLVED Carol Dowd and Theodore Dowd, c/o Thomas Daly, Southold, New YOrk, be GRANTED approval of lots in minor sub- division with less than required area on premises located at Sound View Avenue Extension and Lighthouse Road, Southold, New York, Minor Subdivision No. 39, as applied For. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. For the record: There ~s an informal discussion with Mr. and N~s. Orlowski re. building a second house (mobile home) on a half acre. The Chairman stated that that would be two houses on a half acre and the present requirement is one house ou 40,000 sq. ft. The adjoining properties a~e on half acre plots or better. The Boardts positron is that they would be rewriting the Ordinance to permit quarter acre lots. The land area is not large enough for What is there now. W'nen the 0rlowski's built their house about 22 years ago there were no requirements. Mrs. 0rlowski said that there are two mobile homes across the road which seem to be on top of each other. The Chairman said that part of the difficulty is that the County took the road and that made the lots much smaller. Mrs. Orlowski said that all that land to the back of them is wasted. The Chairman stated that they could add on to the back of their house but could not have separate kitchen facilities. M~s. Orlowski asked if they could have two kitchens if they built a second floor similar to the houses on either side of them which are m~!tiple ~esidence. The Chairman stated that the multiple residence~ on either side of them were created prior to zoning, and that the Board could not approve a second house or separate kit~hen facilities. For the record: One Sign Renewal was signed and approved as submitted. $o~theld Town Board of Appeals -10- December 7, 1972 On motion by M~. GillisPie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southo!d Town Board of Appeals dated November 16, 1972, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:-Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M., Thursday, January 4, 1973, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- MesSrs: Gillispie, Bergen, Grigonts, ~lse. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town BOard of APpeals set 7:30 P.M. (E.S.T.), Thursday, January 4, 1972, at the Town Office, Main Road, Soathold, New York, as the time and place of hearing upon application of Roy J. and Helen Hansen, 4600 Westphalia Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: Lots #12, 13, 14 and part o£ 1%, Map of Tollewood, Mattituck, New York. Vote of the Board: &yes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by M~, Bergen, seconded by' Mr. Hulse, it was R~SOLV~D that the Southold Town Board of Appeals set 7:45 P.M. (~.S.T.), Thursday, January 4, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application o~Edwin Waller Koroleski, i~slies Road, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Southold Town Board of Appeals -ll- December ?, 1972 Article III, ~ection 301, £o~ permission to divide property. Location of property: north side of Leslies Road, Peconie, New York, bounded north by Lucas Pontino Estate; east by' Indian Neck Lane; south by Leslies Road; west by Rose Koroleskf. Vote of the Board: Ayes:- Messrs: Glllispie, Bergen, Grigonis, Hulse. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.S.T.), Thursday, January- 4, 1972, at the Town Board, Main Road, Southold, New York, as the time and place of hearing upon application of Inez D. Moon, South Cross Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: south side of South Cross Road, Cutchogue, New York, bounded north by South Cross Road; east by Platt; south by Fraleigh; west by Fitzpatrick and right of way. Vote o£ the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RE~0LVED that the ~outhold Town Board of Appeals set 8:15 P.M. (E.S.T.), Thursday, January 4, 1972, at the Town Board, Main Road, Southold, New York, as the time and place of hearing upon application of Farm View Building Co. Inc., 54 James Street, Patchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: Lots #3, 4 and 5, Map o£ Cedar Beach Park, Southold, New York. Vote of the Board: Ayes:-Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seeonded by Mr. Gillispie, it was Southold Town Board of Appeals -12- I)ecember 7, 1972 R~SOLVED that the Southold Town Board of Appeals set 8:30 P.M. (~.B.To), Thursday, January 4, 1972, at the Town Office, Main Road, Eouthold, New Tork, as the time and place of hearing upon application of Henry Zabohonski, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article IX, Sections 901 and 903 and Article XViI, ~ection l?00 Bulk and Parking Schedule, for permission to construct new building in "C" Industrial Zone with Insu£ficient side and rear yards. Location of property: west side of Central Avenue, Fishers Island, bounded north by Boyd and Ahman; east by Central Avenue; south by Fishers Island Utility; west by Fishers Island Utility. Vote of the Board: &yes:- Messrs: Gillispie, Bergen, Grigonis, ~lse. The meeting was adjourned at 9:30 P.M. Respectfully s~bmitted, Mar~or~e McDermott, Secretary $outhold Town Board of Appeals ~Obert W, GilliSPie, Jr., Chairman / A PPROVED