Loading...
HomeMy WebLinkAboutZBA-04/09/1959Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SC) 5-96~O APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Cherles Gre~onis~ Jr. Serge Doyen, Jr. MINUTES Southold Town Board of Appeals April 9~ 1919 A regular meeting of the Southold To~m Board of Appeals was held at 7:30 P.M.~ Thursday~ April 9~ 19~9 at the Town Clerk's 0ffice~ Main Road~ Southold~ New York. There were present: Messrs. Robert W. Gillispie~ Jr.~ Chairman~ Herbert Rosenberg~ Robert Bergen~ and Serge Doyen~ Jr. Absent: Mr. Charles Gregonis~ Jr. Also present: k~. H. M. Terry, Building Inspector. PUBLIC HEARING: Appeal No. 147 - Application of 01in Glover. This hearing was recessed to this date from April 2~ 19~9 at the request of the applicant to enable h~m to present additional information. Chairman: Is there anyone present who wishes to speak for this application? ~o I~FFERTS P. EDSON~ Southold, New York: I speak for the application. Mr. Glover wishes to sell his resi- dence. M~ application at this time is only to the variance granted on the lot with the house on it. Southold Town Board of Appeals -2- April 9, 1959 CHAIR~N: Is there anyone present who wishes to speai~ against this application? (No one wished to speak.) Resolution offered by Mr. Rosenberg, seconded by ~. Bergen and carried, Whereas application of Olin Glover, hav- ing been considered at Public Hearing 157, on April 9, 19~9, and the Board finding that strict application of the Ordinance would produce undue hardship because of the l~O ft. size of the present lot. The hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same district because of the existance of the house on the southerly side of the property makes a variance necessary in order to sell the house with 7~ ft. front- age. The variance does observe the spirit of the Ordinance and would not change the character of the district because the lot resulting would be in conformance with the other 7~ ft. lots in the area. Be it RESOLVED that the application be granted as amended April 9, 19~9. Vote of the Board: Ayes:- Mr. Gillispie, t~. Bergen, Mr. Rosenberg, and Mr. Doyen. PUBLIC }~ARING: Appeal No. 1~9 - Application of Stanley W~ Suffolk Development, Inc., Montauk Highway, Shirley, L.I., New York, for a variance in accordance with the Zoning Ordin- ance, Article III~ Section 304, for permission to reduce front yard set-back on property of Horace Therien, Old Jule Lane, Mattituck, L.I., New York, bounded north by Canal, east by Tuffy, south by 01d Jule Lane and west by Zebroski. Fee paid l .oo. The Chairman opened the hearing by reading application, notice of violation issued by the Building Inspector, public notice of the hearirg ~ith affidavit attesting to its publica- tion in the official newspaper. CHAIRI~N: Is there anyone present who wishes to speak for this application? MR. BATTILLA: I am the partner of Mr. Stanley W. Stevener, Secretary-Treasurer of Stanley W. Suffolk Development, Inc. There is not much I can add, I just request that you allow me to leave the house where it is. C~AI~iAN: How far along is construction? ~q. BATTZLLA: The roof and framework ~re complete. It Southold Town ooard of Appeals -3- April 9, 1959 would be necessary to destroy the entire foundation. (~r. Battilla gave the dimensions of the house with relation to the lot lines). If I have to move the house we would have to tear the foundation apart. We have built hundreds of houses and this is the first time anything has happened. Was it surveyed? ~R. BATTILLA: Ye~. CHA!~,.!AN: Were stakes put up? ~Aq. BATTILLA: Yes. C,BAIRMAN: Did you build another house on the same street? ~. BATT!LLA: Right next door. The one next door has a full cellar, we have built other houses in Mattituck and in Jamesport. I try to conform with the law but this is a mistake. There is quite a bend in the road which may have caused the mistake~ I do not know. ivY. ROS?NBEi{G: Does this house have a full cellar? i'~.. BATTILLA: Just a crawl space. CHAI~N: Is there anyone else who wishes to speak for this application? -- Is there anyone present who wishes to speak against this application? GEORGE ?EN~Y~ Mattituck~ New fork: I came down tonight mainly to see what the action of the Zoning Board of Avpeals would be in this matter. Having a l~mber yard in Mattituck I am concerned with permits and variances. I always insist that my customers and people who come to me get the proper permits before they start in~ to assure that they comply with the Zoning regulations to the final letter. This man probably got a building permit in time but he also knew 3~ ft. was the minimum distance from the road. If he made an error I see no reason why it should not be rectified and the building moved back to comply with Zoning. The reason why we came tonight was to see if Z&ning could be evaded to the letter and whether you could go ahead and get a variance to cover up. Thank you. CHET ORLOW~KI~ Cutchogue~ New York: I am a builder. I am building a house riEht down the same lane. My client wanted to put his house up ahead but I told him he could not do it. The set-back is 3~ feet. I don't see where there is a bend in the road~ there doesn't even look like there is a bend to the eye, We all have to sign an application stating how far from the line and how far from the road~ etc. I could do the same thing, i could build a house and ask for a variance on it. I do not thi~ I have had one fault with the 2Ioning Board yet. Southold Town Board of Appeals -~- April 9~ t9~9 If I did not think something was right I had it surveyed right away. The builder is building the house~ not the mason. The mason doesn't make the mistake~ if he does~ the builder should be there to see somethin~ is done about it. ~ILLIA~! lu~RAU~E~ Mattituck~ ~'~ew Zork: I believe if this man is given a variance on this particular case that it leaves the road open to each and every one to come do,au here~and whether they do it intentionally or whether it is an error~ and ask for the same privileEe~ it is going to be mighty rough for the Zoning Board. I have been in favor of Zoning long before it started. Z have also been in favor and contended that the State should have a Building Code and all hous_es should be built under those condition~ to protect the o~ner and also to protect the builder. ! am very much against this variance and think the Zoning law is a good law and will not alle~ it. ERneST W!LSBERG~ ~ttituck~ New York: I ~m a property owner in the vicinity. ~ich home is the one that the variance is asked on? C~.Z?]~AN: The legal description of the property is as follows: Old Jule Lane~ Mattituck~ L.I.~ New Zork~ bounded north by Cana!~ east bM Tuffy~ south bM Old Jule Lane and west by Zebroski. MR. WILSBERG: I would like to make one remark. There are two houses being built and one home is in the right~ with- in the 3~ ft. limit. I cannot see how the other house could be built out of line. I believe a builder should supervise his work. I do not thine the variance should be granted. CHAIRM~N: Is there anyone else who wishes to speak against this a~plication? --- Do any members of the Board wish to ask any questions? Are you ~the builder~ who after this violation was noted~ came to the Building Inspector and offered to move the building because the mistake was made? I~. BATTILLA: I believe my partner came. MR. STEVE~R: I said if it had to be moved I would have to move it. ~. ROSE!~ERG: ¥~en the violation was posted and you found that the building was in the wrong place~ you came to the Building Inspector and said that you would move the house in a day or two? P~. STEV~NF~,R: If we have to move it we will move it. CHAIRMAN: How was this discovered? ~. TERRY, Building Inspector: I checked on the job and Southold Town Board of Appeals -~- April 9, 19~9 I found the set-back cff. CHAIRi&~N: Fro~ what you said~ ~.~. Battilla~ a curve in the road was the cause? MR. BATTILLA: There is a definite curve. This is not an ex~use~ I am not trying to exucse myself. I have been building for 30 some odd years. I can see a curve when I look at it. CHAIR~N: There are more builders at this meeting than we have seen here in a dong time. They have been doing their best to live up to the rules and regulations. I thi~ that they discovered this had happened and wanted to see what the Board would do about it. Of course, someone running a business cannot be everywhere at once, however, what you are asking a variance on is a self-created hardship which by law we cannot grant a variance on. The principle was upheld by the Supreme Gourt the other day in one of our decisions. We cannot ~rant a variance on a self-created hardship. MR. ROSENBERG: I would like to point out that if a variance were granted it would establish a new line on that street and would allow other houses to be set as close as this is, and other people would not have to stick to the 3~ ft. set-back. MAR. STEVENER: Across the street there is a 30 ft. set- back and we would not be making any new set-back line. MR. ROSENBERG: The line where you are, not across the street. ~. PENNY: We wish you to know that we have no personal feelings against you~ the case came up and we wanted to see how it would be handled. Resolution offered by ~. Rosenberg~ seconded by ~.~. Bergen and carried: Whereas application of Stanley w. Suffolk Develop- merit, Inc., having been considered at Public Hearing No. 149 on April 9~ 19~9~ and the Board finding that strict application of the Ordinance would not proSuce undue hardship because applicant knew regulations before construction of the building ~as started. The hardship created is not unique and would be shared by all properties alike in the immediate vicinity of the property and in the same district because the hardship was self-created. The variance does not observe the spirit of the Ordinance and would change the character of the district because it would establish a set-back line less than required by the Ordinance. Be it RF£OLVED~ that the application be denied. Vote of the Board: Ayes:- M~. Gillispie~ ~M. Bergen, Mr. Rosenbe~g, and Mr. Doyen. Southold Town Board of Appeals -6- April 9~ 19%9 PUBLIC HEARING: 8:00 P.M.~ Appeal No. 1~8 - Appli- cation of Harold ld. Teuber~ Main ~treet~ Southold~ L.I.~ New York~ for a special exception in accordance with the Zoning Ordinance~ Article IV~ Section ~00~ Subsection 9~ for permission to build and operate a gasoline service station on premises located on the north side of Middle Road~ Route 27A~ Southold~ L.I.~ New Zork~ and bounded north by H. Tuthill~ east bM D. Driscoll~ south by Middle Road~ Route 27A~ and west of C. Van Duzer. Fee paid ~1%.00. Chairman read application for special exception~ legal notice of hearing and affidavit attesting to its puhlication in the official newspaper. Ci~I~I~N: Is there anyone present who wishes to speak for this application? H~KI0LD M. TE~BER~ Southold~ New York: I will try to give you any information you might like to know. CHAIRMAN: Do you have anything to add to what you have stated in the application? ~. TEUBER: I do not thi~ there is anything else necessary to be put in. CHAI~'~AN: Will you be tae owner or will you lease it from ES$0? MR. TEUBER: I own the property. C~IIP~iAN: Would it be leased back? Would you lease the land~ they would construct the service station~ and then they would lease it back to you? F~q. TEUBER: Right. CHAI~.~N: Do you think you could sell a lot of gas up there? MP.. TEUBER: With the traffic, I think I could. I under- stand the State will take over that particular part. CHAI~N: Do you have any objection if we should grant this with a time limit imposed on when you will use the property? Miq. TEUBER: That would only be fair to allparties con- cerned. C!~[IR~E: Is there any one present who wishes to spe~ against this application? (No one wished to speak.) Mr. Teuber then presented a statement of his character and Southold Town Board of Appeals -7- April 9~ 19~9 good intentions with regard to the erection of the proposed service station. C~I]~[AN: ]~oes anyone have any questions to ask of ?ir. Tueber? (~o one wished to speak.) Resolution offered l~y I~. Bergen~ seconded by ~.~. Doyen and carried~ %~ereas application of Harold ~i. Teuber~ having been considered at Public Hearing No. 148 on April 9~ 1719~ and the special exception does observe the spirit of the Ordin- ance and would not change the character of the district because this area is zoned for business and zas stations are permitted in a business district by Special Exception of the Board of Appeals. Be it REcOLVED~ that the application be granted under the following conditions: 1. Location: North side of Middle Road~ Route 27A~ Southold~ L.I.~ Ne~ York~ and bounded north by H. Tuthill~ east by D. Driscoll~ south bM >iiddte Road~ iloute 27=~ ar~ west by C. Van Duzer. 2. ~igns to be in accordance with Article IV~ Section ~00 of the Building Zone Ordinance of the Town of ~outhold. 3. No major repair work shall be performed in the open. 4. Pumps~ lubricating a~d other devices shall be located at least fifteen (1[) feet from the line of a~ny street or highway~ right of way or property line. [. Ail fuel or similar substances shall be stored at least fifteen (1[) feet distance from any street or lot line. 6. No automobiles~ or automobile parts~ dismantled or damaged vehicles and sinilar articles shall be stored in the open and no parking of vehicles~ other than those being serviced~ shall be permitted. 7. Application for a building permit must be made within one (1) year. Vote of the Board: f~¥es:- Mr. Gillispie~ ~. Bergen~ ~dr. Posenberg~ and Y~. Doyen. PUBLIC I~qING: o.1~ P.M.~ Appeal No. 1~0 - Application of Robert Hyatt for H. R. Halsey~ for a special exceotion in accordance with the Zoning 0rdinance~ Article III~ S~ction 306~ Southold Town Board of Appeals -~- April 9, 19~9 for vermission to reduce front yard set-back on a corner lot. Lots 11, 10, and 1/2 ef 9, east side of ~eydon Drive, Reydon Shores, Southold, L.I., New York. Fee paid ~1~.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing and affidavit attesting to its publication in the official newspaper. C~IP~£~M: Is there anyone present who wishes to spe~ for this application? ROBERT H~ATT, Southold, New York: I will try to explain the layout. CHAIR~: Did you go ahead on this after you had it surveyed and lamed out? ~¥~. TERRY: It was necessary to build there in order to ge~ the cellar dug, the land slopes a great deal. (~. Terry explained the layout of the neighborhood.) (~,~. Doyen asked several questions relative to ~e sketch submitted.) C~WAI~N: Suppose the owner wants to split the land some- time in the future? ~. HZATT: TheM could not split because the house is centrally located. C~IRMA~: Mr. Halsey is the o~uaer of the house? ~. igZATT: Yes. Resolution offered bM i.~. Doyen, seconded by Mr. Rosenberg and carried, Whereas application of Robert L. ~att, for H. R. Halsey, having been considered at Public Hearing No. l~O~ on April 9, 19~9, and the special exception does observe the spirit of the Ordinance and would not change the character of the district because the topograhy of the land makes this the most desirable location for the house and improves the appaarance of the neighborhood, and all the provisions of the Ordinance relating to special e:~ception have been complied with. Be it RESOLVED, that the application be granted as applied for. Vote of the Board: Ayes:- ~. Gitlispie, ~. Bergen, M~. Rosenberg, and ~M. Doyen. The minutes of the meeting of April 2, 19~9, on motion of M~. hosenberg, seconded by I@. Bergen, and carried, were approved as submitted. Southotd Town Board of Appeals -9- April 9, 1959 Vote of the Board: Ayes:- Mr. Gillispie, lvm. Bergen, ~. Rosenberg, and ~. Doyen. [~s. Thomas Jurzenia, Si!vermere Road, Greenportr l'~w yorkr called the office prior to the meeting of the Board of Appeals and requested that the hearing relative to the special exception (Appeal No. 145) be recessed until a later date. Mm. Charles ~ngr Proprietor of ~qing's Store, East ~[arion c~me before the Board for an informal discussion. ~. ~ing has an option to buy the property ~here his store is located -- North side Main Road, approximately 100 ft. west of the Post Officer East ~rion. Mr. King wiehes to demolish the present store and buildings and build two new stores which would be connected. ~,~. King's Store is, at present, non-conforming and the Board advised that they have no jurisdiction to give him permission to build a new store, the Chairman read Article X, Section 1007 of the Zoning Ordinance pertaining to non- conforming uses. -- After considerable discussion Mr. King was advised that he should have his neighbors on either side join with him and apply for a change of zone to "B" Business to the To~.~ Boardr and ask that the Post Office and fire house be in- cluded in this change. The next meeting of the Southold Town Board of Appeals will be held on Thursday, April !6r 19~9, 7:30 P.M.r at the Tewn Clerk's Office, Main Road, Southoldr On motion of ~. Doyen, seconded by ~. Bergenr ~nd carried it was RESOLIrED, that time and olace be fixed for the following public hearings to be held bM the Board of Appeals of the Town of Southold at the Town Clerk's Officer Main Road, Southoldr New Zor~r on April 23, 1959: 7:30 P.M. (E.S.T.)r upon application of Stephen Iri~escu, Private Road, Box 356, Southold, New fork, for a variance in accordance with the Zoning Ordinance, Article IIIr Eection 307, for permission to reduce east side yard on property located on the west side of North Bay View Road, Southo!d, New York~ and bo%~nded north by Goose Creek, east by ~allgraf, south by Private Road, and west by Sayre and Young. 7:45 P.M. (E.S.T.), upon application of George F. Grathwohl for Elsie Grathwohl, New Suffolk Lane, New Suffolkr New York, for variance in accordance with the Zoning Ordinance, Article III, Section 303~ and Article X, Section 1000A, for permission to dedicate the following described lot to the Town of Southold: Located on the north west side of Grathwohl Road, New Suffolk, New York, bounded north by other lands of the applicant~ east by Grathwohl Road,south by W. Blanchardr and west by l. Yest Creek. Southold Town Board of Appeals -10- April 9~ 1959 8:00 P.M. (E.S.T.)~ upon aDplication of Helen G. Oochran~ for Terry Waters~ Southold~ New York~ for a special exception in accordance with the Zoning 0rdinance~ Article III~ Section 300~ Subsection 3A for permission to dredge and use for boat basin~ property located on the south east corner of Terr~ Waters Propert¥~ bounded north by Lot $~ east by other lands of Terry Waters~ south by ~econic Bay~ west by Lot 7~ and Rambler Road~ Southold~ New York. 8:15 P.M. (E.S.T.), upon application of Nichols Properties~ Inc.~ Cutchogue~ New York~ for a variance in accordance with the Zoning Ordin~ce~ Article III~ Section 30]~ and Article X~ Section IO00A~ for permissiQn to reduce frontage and use as single lot~ property located on the west side of Minnehaha boulevard~ Laugh- ing Waters~ Couthold~ New York~ bounded north by Nichols Pro~er- ties~ Inc.~ east by Minnehaha ~oulevard~ south by H. Currie~ and west by ~nappand Byrnes. It was further RESOL~D~ that legal notice of hearing is to be oublished in the official newspaper on date of April 17~ 1959e Vote of the Board: Ayes:- ~. Gillispie~ ~,~. Bergen~ ~. Rosenberg~ and Mr. Doyen. Meeting adjourned at 11:15 P.M. Respectfully submittea~ Secretary