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HomeMy WebLinkAboutZBA-06/27/1957 TOWN DF -c;DUTHDLD OFFICE: OF BUILDING IN~PE:CTOI~ TOWN C~LE:RK'S OFFICE: SOUTHDLD, N. Y. ~'r~s, Southold To'~m ]~.[ilding Zone 0~t~ce ~o~ o~ ~e 27, ~ re~lar meeting o~ the Zo~ ~o~d of ~p~eals w~s held ~t the To~ Clerk's office in Southold, N. Y., on Thurs~y, J~e 27, 1957, ~t 7:30 P.M. There were present: Mr. C. Mr. Ho Mr. R. Also: Mr. H. W. Gillispie, Jr., Chedrman Gregonis Rosenberg Bergen Terry, Building Inspector Absent: Mr. $. Doyen, Jr. PUBLIC HEARING - Appeal No. 5 - Upon application of Vent.au Construction Cprp., Peconic Bay Blvd., Mattituck, N. Y., for a ve~riauce to the Zoning Ordinance, Article III, Section 303. Property located on Holden Avenue, Outchogue, N. Y. The Chairman called the hearing to order and introduced the members of the board present. He then read petition for variance, Legal Notices and affidavits from two official town news~papers and letter to petitioners advising them of d~te of public hearing. Chairman: "Is there anyone present who wishes to speak "for" this petition?" Mr. Polito: "Yes. My name is Peter Polito and I am President of the Ventesn Construction Corp. Mr. John Venteau is Vice-President of the corporation and he is also here tonight. I want to say that we purchased these three lots of 50! each e~ud intended to ~ild three homes costing from $8,500 to $9,000, but because of the new ordinance we are willing to ~ild two homes instead of three on these lots, making each lot 75! in width. We are unable to buy other property from other adjoining owners. I do not th~nk it woulddefeat the purpose of the ordinance and, since we are willing to widen the lots, perhaps we ought to have some consideration." Chairman: "What is your information on the character of the neighboring lots? Is the neighborhood to be changed by construction of two houses on 75 foot lots?" Hr. Polito: "No sir. 75 feet is a good size lot on which to ~uild." Chairman: "Do we he~ve a map of the property?" A m~p was handed to the Board by Mr. Wysong, which the entire board studied. Chairman: "Mr. Polito is there anything else you wish to say?" Mr. Polito: "No, nothing except that we purchased these lots in 1954 with the idea of putting in three houses." Zoning Board of Appeals June 27, 1956 MINUTE~, Continued Chairman: "Is there ar4vone who wishes to speak ~gainst" this ~opeal?" Mrs. Mergerlin: ~We have allowed 351 from our building to our property line, on one side of house and 25! on other side. People adjoining this property set a precedent by buying 100 feet. He bought 150 feet with the intention of building three houses. We have already set a precedent by building on 100 feet. Our property is lO0! frontage by 145 to 150 feet in depth. Everyone since then h~ve bought 100 feet." Chairman: "Were there any restrictions as to size of lot?" Mrs. Mergerlin: Ch~irm~u: "Who developed the property," Mrs. Mergerlin: "Individuals." Charles Wysong, Pequ~shAvenue, Peconic: "Our house is built on a 100! lot. The lots were 50! and then the m~p was ct~uged from 507 to lO0! lots all over the area in 1956. I am opposed to making exceptions to this for various reasons. There are quite a few lots more than lO0~ and some people have in mind asking £or a variance in other sections. I know of someone with 150! of ground who wants to build 5 or 6 houses. We have a situation now with two houses built on 507 lots but they were built before the ordinance went into effect. If you m~ke an exception to this situation you wonlt be able to say no to someone else who comes in with the same story. We voted from here to get this ordinance and we think it is a wonderful thing ~ud if you make one exception the ordinance will not amount to anything. I donlt think the gentlemen will have any trouble in getting rid of their property if they don~t want to ~ild on 150~. I am very much concerned about this. Wh~t is to stop others from saying you gra~uted so and so an exception, why not me?" Chairman: "Thank you very much. I am sure you realizedthat there are situations where the Board attempts to get a developer to ~dhere to the regtul~tions and in return m~kes concession which will meet an u~usual hardship. We have had a number o£ people who have enlarged lots at our request. ~. Terry, our Town Counsel, h~s been working on the problem of filed maps and there seems to be no precedent for what legal inter- pretation can be placed on the matter of ~iled maps. Filed maps, we understand, go back as far as 100 years. In many cases we h~ve made concessions in return for con- cessions from the developer. You are aware theft the ordinance c~u be rescinded. We hmve to give as well as get. Arthur Klein: "I own lot on west side of Holden Ave. just opposite the present piece of property mentioned. However, about 3 or 4 years ago I surveyed the conmmlnity and got the opinion from the people that they were very h~ppy with the to~n of Outchogue ~ud were not in favor o£ any such thing as Levittown. The people were very much in favor of zoning. I ~poke to people from Riverhead and I know t~t they ~re very sorry they turned down zoning when they had an opportunity to vote on Mrs. Mergerlin: "How much side yard would he allow? Since side yard is determined by the ordinance could he put house lO! on one side and 25~ on the other?" Chairman: "Yes. House could be ~ilt at the discretion of the owner as long as he adhers to the requirements in the ordinance.~ Mr. Comes: "It seems to me that this would be a detriment to the neighborhood." Zoning Board of Appeals JLu~ 27, 1957 MI,NUTE~,, Continued Chairman: "I am not taking the Venteau Oonstruction Corp. side on this but would just like to ask, if you are in b~siness for profit and you find that an undue hardship has been placed on you wouldn't you consider that perhaps erecting a house on 150~ of land might be something of a hardship?" Mr. Comes: "I would not consider this a hardship." Mr. Wysong: "I think that two houses so close together m~kes it di££icult so that you can hardly drive a car between them. Mrs. Mott:"I live next to Mr. Klein e~d will be opposite this house. Is there ar~v higher appeal we can make in case this goes against us2" Chairman: "Mr. Rosenberg I am sure will be glad to answer your question." Mr. Rosenberg: "Yes, you can go to Court. You have the right to appeal to the Supreme Court of the State of New York a~.d you still have further rights to go further than that. This is not the last word. This is the board of original jurisdiction. It starts here." Mr. Appelquest: "This is a business venture and therefore it should not be ruled on any other ground. The property has been developed over 35 years. We were advised to buy lO0! lots and were assured verbally that all other lots were 1OO ft." Mr. Wysong$ "Do they own a~uy other property and is this the beginning?" Mr. Polito: 'We have only these three parcels." Mr. Wysong: "What would prevent him from buying another 150~? Then he could come againaud ask for a variance." Chairman: "This land was held in single and separate ownership at the time the zoning went into effect which is wlky they are asking for a variance at this time." Mr. Appelquest: ~oe~ he plan to build these two houses with the idea of selling them?" Chairman: ~q4r. Polito do you plan to build and sell?" Mr. Polito: "Yes. We are ~uilders. I would like to say that we own property in Laurel which is entirely governed by the U. S. Government. Construction is governed by the Government an~ approved by all concerned. We have already built lO homes which are sold and occupied." Mrs. Mergerlin: "Are the houses to be all year round homes?" Mr. John Venteau: "We plan to build substantial homes to be used either as summer or all year round homes. We purchased 3 50~ lots ~%ud could have built three homes but since this was not done before the ordinance we now feel that we are cooperatin~ by building two houses, one each on a 75! lot. Eugene Mott: "Is there any other piece of 50! land that they might acquire?" Mr. Rosenberg: ~I believe Mr. Polito mentioned that they had tried to buy more land but that the people could nor or would not sell. ~ Zoning Board of Appeals MII~JTES, Continued June 27, 1957 Mrs. Appelquest: "Along the line of hardship, I was just thinking, and I do not believe there are any houses in that section on Holden Avenue that coast as little as 8 or 9 thousaad dollars and I was wondering whether he couldntt traild a house that is worth twice that much, and what about compromising with the people on the other side and they would buy 25! from Mr. Venteau and he could build on 125t." Mrs. Yoking: ~Sfhy are you so anxious to build there?" Chairman: "I must advise that there can be no cross examination. testimony will be permitted." Rebuttal of Mr. Polito: "Please forgive me. I think there is an underlying reason for your objecting to our building there but I would like to say we have lz~ilt and sold houses to people here in this town. They are people who are working here. We, of course, will not lmy any more land of this size." Chairman: "The question has been raised here as to the amount of money to be spent on these houses. What type are they going to be? Some of the neighbors feel that the amount .of money invested will depreciate the neighborhood. How much money will you invest." Mr. Polito$ ~ight to Nine thousand dollars and it may go as high as 12 to 15." Perhaps Mr. Venteau would like to say something." Nr. Venteau: "I think all of the points have been covered." Mr. Polito: "We can show you the type of homes we build. We have responsible people who purchase them. If Me are willing to give 50t of our land we feel that a variance could be granted." Mr. Wysong: "How lon~ have you owned these lots. Did you pay the same price as listed on maps?" 14r~ Polito: "Two years. Yes the price is the same, $15.00 a ft. on Holden." Er. Weeks: "At the present time what can you build for $8,000 in the line of a house¥" Chairman: "I think that is a subject of real estate and all we would be getting would be Mr. Polito~s opinion. We could all estimate this pretty accurately." Robert Young: "I am not a la~d owner. I am representing myMother. There are non-conforming house lots in this area, footage not 100t. They were built on in 1924. All houses drawing water from same place. The soil is sandy and drainage good but one of the rulings for the minimum lot size is to provide for proper drainage and sanitary purposes. Where there are too many houses too close together this might prove unsatisfactory. This is a mummer colony but as the years go by gradually people will be using the houses all year round. It is not a legal point, only nv opinion but it seems to me that this man is asking for a variance because there is a hardship and I do not think he has ezh~.bited any hardship. It does not seem to me that as long as this lot is saleable at 150t that there is a financial hardship." }4r. Nott: "If this is granted could there be a guarantee that the houses would not be similar externally$" Zoning Board of ~opeals June 27, 1957 ~MI ~NL~ES, Continued Chairman: "Board can impose reasonable restrictions in gra_uting a variance. Mrs. Mergerlin: t~ould they build one or two story ho~es? General feeling, of the residents is that they are against developments." Chairman: t'I believe theft Mr. Polito intends building two story Cape Cob style homes. Are there any members of the board who would like to disclose any further information or desire any further information? Anyone else in the room? Mr. Wysong: t~e were wondering if hearings could not be held on Friday evenings where ~ummer people are involved. They are taxpayers and would like to have a chance to speak." C hairman: ~ At the time the ordinance went into effect it was decided that meetings would ~e held on Thursday evenings, this bein~ the most convenient time for all members since some of the members are comm~ tied to other tasks on several evenings a week. This, of course, does not mean that a hearing cannot be chax~ed for the best interest of all concerned. At the time of the hearing held in Mattituck it was ch~ged to auother night for the benefit of all concerned l~t our regular meetings are usually held on Thursday. Thank you all for coming and for your interest in zoning. Decision will not be given at this time. Minutes will ~e prepared ~d decision given at that time." THIS COI~CLUI~D TEE PUBLIC EEARII~G. Mrs. Estelle Comes advised that the description given on appeal was incorrect. She ~dvised that Fisher never owned the land. We are the owners and pay taxes on the property. The description should be chan~ed accordingly. Mr. Polito advised that this could be readily checked and changed. Three petitions "against" this ~ppeal were then reset to the board by the Chairman. There were approximately 20 people at the hearing. Mr. Venteau and Mr. Polito then presented map of Sandwood Shore Homes approved by the Town Board. Lots average less than 70~ in width and bought in 1950. L~st house they built was comp~leted in July 1956. Lots cannot be lengthened as the Town already owns the road and houses on Peconic B~y Blvd. are all esbablished. Depth of lots from 90 to 95 feet. Asking for permission to continue building in conformity with the other houses already completed in this development. Have F.H.A. approval on well point, etc. Asking for permission to complete this job and advised that in the future they will buy land lO0~ x 125~. Mr. Rosenberg: "I am opposed because there is too much density there and this defeats the purpose of the ordinance. I believe lots should be enlarged and I believe they should be lO0~." It was the unanimous opinion of the board that the lots in question should be enlarged in width to lO0~. It was stated that the Board of Appeals has no authority to reduce the frontage required in the ordinance, namely; 100 feet. PUBLIC HEARING -Appeal No. 4- Upon application of Henry J. Smith, Peconic, N.Y. for variance to the zoning ordinance. Property located at Mill Colony, Southold, N. Y. Hearing Continued as Mr. Smith had failed to include an engineer's description of the property involved at the hearing on June 20, 1957. Description now at hand and attached to original appeal. Description was then read by Mr. Bergen. Chairman: "Is there say one who wishes to speak "for" this appeal?" Zoning Board of Appeals June 27, 1957 M~INUTES, Continued 0 Mr. Terry: "Yes" "I think this variance should be granted." Chairman: "Anyone wishing to speak "against?" PUB$ICN~,ARING CONCLUDED. Board unanimously agreed to grant this variance. Appeal No. 5 - Venteau Construction Corp. Board unanimously agreed to grant this variance. In granting this ~ope~l the ~oard took into consideration the fact that these three 50! lots were purchased in 1954, as were m~.uy lots in that area of similar size, from an unfiled map. The board feel that to divide these three lots into two parcels of 75t each,with a side yard 25! restrictions and the usual setback, would be justified m Article VIII, Section 801-A, paragraph C. Requiring construction of one house on a 150t lot would in our opinion constitute a unique hardship, A requirement of 100t lot would leave the owner with an unsaleable parcel of 501 in width. There are many houses in that neighborhood erected on 50! lots, In response to question raiseA by Mr. Terry, Section 202 and 1007 of the Ordinance were construed ~n~.uimously %y the board to forbid the erection of commercial signs or billboards on properties where non-conforming use is in existence. Minutes of the June 20th meeting were rest. On motion m~de by Mr. Rosenberg, seconded by Mr. Bergen, and carried, minutes were approved~ Meeting adjourned at 12:05 A.M. Grace B. Meyer Secretary