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HomeMy WebLinkAboutZBA-11/12/1959 APPEAL BOARD MEMBERS Robert ~/. Gillisple, Jr., Chairman Robert Bergen Herbert Rosenber9 Charles Gre~onis~ Jr. Ser~e Doygn, Jr. Southold Town Board of Appeals SOUTHOLD, L. I. N. Y. Telel~hone SO 5.26~0 Southold Town Board of Appeals November 12, 19%9 A~regular meeting of'the Southold-TownBoard of Appeals was held Thursday,.November 12, 19%9, 7:S0 P~M., at the Town Clerk's Office, Main Road, Southold, New York. There were present: Messrs. Robert W~ Gillispie, Jr., Chairman~ Robert Bergen, Herbert Rosenberg, and Charles Grigonis, Jr. Also present: Mr. Howard M..Terry, Building Inspector. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: 7:S0 P.M.,'Appeal No. 2~$ - Upon appli-~ cation of Harold R. Reeve & Sons, East Main Street, Mattituck, New York, a/c Leonard Plechavicius~ for a variance in accord- anco with~the~Zoning Ordinance, Article III,~Section S00, Sub- section l~ Sections SOS and 307 for permission to build addition on guest cottage and reduce frontage and side yardS.' Variance is also requested due to-lack of'access in aCcordanc~ with State of New York Town Law, Section 280A. Location of property south side Peconic Bay Boulevard, Mattituck, New York, bounded north by Peconic Bay Boulevard, east by C. F. Lampe, south by Great Peconic Bay, and west by E. Templeton. Fee paid $1%.00. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector, application for Southold Town Board of Appeals -2- November 12, 19~9 a variance, legal notice of hearing and affidavit attesting ot its publication in the official newspaper. CHAIRMAN: Is there, snyone present who wishes to speak for this application? MR. HAROLD R. REEVE, SR.~ Mattituck, New York: The only reason that I see that this application might be passed is on account of the spite fence; there is the xolid fence at the west and right next to that is the garage wall which is Just as solid as far as trying to see throUgh it. His idea is to build the extension as far ahead enough to get two windows on the east and all windows on the south where it fronts on the Bay. CHAIRMAN: How near to his present living room will this be? MR. B~E: Beyond, so that it would be to the east. I Spoke to him about plantings but he did not know if any- thing would grow between the house and the beard fence. CHAIE~N: TO yottr knowledge what can you tell us as to how he proposes to use the guest house? MR. R~E: He was goingto have a very small kitchen, but I can eliminate that, and a shower. CHAIRMAN: HOw does he propose to use this? Does he propose to rent it? MR. ~: I do not know. I would say he proposes to rent the main house and live in the cottage. CHAIRMAN: i believe there is a Sign saying cottage for rent there now. - In effect he is taking a house which is a small cottage which was a garage originally, to which was added one room which was used for any guests the owner of the big house had. In effect he is then' taking the property and proposes to transform what was originally one room added to a garage into a fully ~'integrated livable new dwelling. MR. ~w~E: There are presently two bedrooms and two showers or t~ilet facilities. CHAIRMAN: Is there anyone else present who wishes t° speak for this application? IS there anyone present who wishes to speak against this application? (NO one wished to speak.) MR. BERGEN: Where does this man live? Southold Town Board of Appea~ls ~3' November 12, 19%9 CHAIRMAN: There is an address here of Yonkers. MR. BERGEn: Then h~-~mnSt ~know about zoning. He does not have a hardship as far as I can see, to buy a house and want to make another house next to it. MR. B~VE: That hardship could come on the west where you keep away from the side line. (Members of the Board discussed the sketch appearing in the file.) CHAIRMAN: The problem that we are concerned with is you will end up with two houses that are so close together that the water from one house,-- when you extend the building in a straight line, the water will run off one onto the other.- What happens in future years if something should happen to one of these parties and other other decides to sell and there are four or five heirs, how would you divide this property. We have had this come up where there is an estate. A piece of property where there are heirs. It is always contrary to the best interests of the community as far as zoning is concerned, Someone would want to split that down the middle. (The Board discussed with Mr. Reeve the plans for building the addition.) MR. HOWARD TERRY, Building Inspector: Would it be possible to attach the two buildings together? MR. ROSENBERG: You cannot do t~at. Nothing can be done unless it has the conventional 10 andl% ft. to comply with the Ordinance. 'The Ordinance says that in order to diminish side lines by %0% the lot must be less than 12,%00 sq. ft. In a matter Of law you are not allowed to give a foot in this type of thing. This application cannot answer the three conditions and there is no hardship. CHAIRMAN: The mere fact he has this guest room on there now does not create a hardship as far as this application is concerned. I dO not believe you can Justify the hardship. (The entire Board agreed on this point.) MR. ROSENBERG: There would still be two families living one in each house. MR. BERGEN: Why not move this building in back? MR. B~mV~E: This man~ wife is artistic and paints the Bay and I believe she would.like to sit inside and paint. Southold Town Board of Appeals November 12, 19~9 (The Board further discussed the reasoning on the appli- cation.) CHAIRMAN: What was that about the board fence? How does that enter into the reasoning? MR. Bk~-E: The Board fence shuts off the view on the side and the people on that side cannot complain. Resolution was offered by Mr. Bergen~ seC0nded by Mr. Rosenberg and carried.,I~gREAS application of HaroI R. Reeve & Sons, a/c Leonard Plechavicius, haMing-been considered at Public Hearing No. 2~ on November 12, ~9~9, and the Board finding that the applicant has not.proven undue hardship also because it is contrary to the Ordinance to grant a variance on an extension of an existing non-conforming building under these conditions, therefore be it REEOLVED that the application is denied. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: 8:00 P.M., Appeal No. 23% - Upon appli- cation ofH. M. Brush, aJc Asphalts Inc., Naugles Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article V, Section ~03, for permission to reduce front yard setback in Industrial District. Location of property, north side Naugles Drive~ Mattituck, New York, bounded north by Mattituck Inlet, east by Robert Nardo, south by Naugles Drive, and west by Benard Kallan. Fee paid $1%.00. The Chairman opened the hearing by reading notice of disapproval issued by the B~ilding InEpector, appli?ation for a variance, legal notice of hearing and affidavmt attest- ing to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HOWARD M. TERRY, Building Inspector, further explained the application and described the contour o~ the land stating that in order to make the setback required by the Ordinance it would be necessary to bring in a great ~uantity of stable fill. He also stated there is an office building for the fuel oil business on Luthers Road which is 8 or 9 ft. from the road. CHAIRMAN: The parking problem would be of concern here. SoUthold Town Board of Appeals -~- November 12, 1959 MR. TERRY: The help keep their cars out by the tank. There would only be one or two customers parking by the office. MR. ROSENBERG: The office building can turn out to accomodate more than one visitor. -~ MR. TERRY: It is a seasonal businesst bulk oil. CHAIRMAN: Is there anyone present who wishes to speak against this application? (No one wished to s~eak.) CHAIRMAN: How wide is the road? Naugles Drive? MR. TERRY: 50 ft. It is not improved by any means. CHAIRMAN: We,could require them to put in a traffic barrier along their0ad'sO vehicles parked at the office could not back out on the right of way. MR, ROSENBERG: What is the actual difficulty? What is the mainreason they do not want the building back ~further? MR. T~JtRY: The problem of fill. Soft fill has to be moved out and stable fi21 brought in. They would have to put in stable fill well back to where they are goirg to use the land. They plan to have a "U" driveway to go in on the east and out on the west. Resolution was-offered by Mr. Grigonis, seconded by Mr. Bergen, and carried, WHEREAS application of H. M. Bru~h~ . a/c Asphalts, Inc.~ having been considered at Public nearmng No. 2~% on November 12~ I959~ and the Board finding that strict application of the Ordinance would produce undue hardship because of the cou~our of the land ~and the necessity of bringing in a great amount of fill to make the additional setback usable. The situation is unique and would not be. shared byalI properties alike in ~he immediate vicinity because Other lots in the area are developed on the water- front and do not need this type of office building. The public convenience and welfare and Justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured and the spirit of~e Ordinance would be observer because this is a "C" InduStrial District and in the area there are seFeral small buildings, trailers and cottage colonies~ therefore be it RESOLVEDthat the application be granted as applied for subject to the following condition: a substantial traffic Southold Town Board of Appeals -6- November 12, 19~9 barrier, in the form of a fence or posts not less than 2 ft. in height above ground level or concrete curbing not less than i ft.~ be erected, the barrier to extend a distance of not less than ~2 ft. The purpose of this condition is to assure parallel parking as a safety measure for visitors to the building. Vote of the Board: Ayes:- Mr. Gillispie, Mr, Bergen, Mr. Rosenberg, and Mr. Grigonis. Mr. Charles King, East Marion, New Yomk, came before the Board~of Appeals for an informal discussion relative to his storey Main Road, East Marion. On May 7, 19~9 a Public Hearing was held upon Mr. King's request for a special exception to replace a non-conforming business building. Permission was denied. Mr. King now has a plan of moving the existing store back considerably and moving the existing storage barn and attaching it to the front of the store and modernizing the front. Nr. King has a rough estimate of $2:000 for the moving of-the buildings and attaching them together. Much of that $2~000 would not be considered by the Board of Appeals in the percentage of structural alterations. After a thorough discussion of the Proposal the Board agreed that if the project did not cost more than $2200 there would be no objection, Mr. King advised he would prepare an accurate sketch of the proposal and come in to the Board again in the future. The minutes of the meeting of October 29, 19~9,~on motion of Mr.'Bergen, seconded by Mr. Rosenberg and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mrl Bergen, Mr. Rosenberg, and Mr. Grigonis. On-motion of Mr. Grigonis, seconded by Mr. Bergen, and carried~ it was RESOLVED that timeand place bo fixed for hear- ing upon application of Peter Kreh, Jrt: a/c Mmttituck Marina, camp MineoIa Road, Mattituck, New York,-for a special exception in accordance with'the Zoning Ordinance: Article III~ Section 300, Subsection 3a, for permission to expand the Mattituck Marina..Location of property. Camp Mineola Road: Mattituck, New'York, bounded north by ~Julius Zebroski, east by Peter Kreh, Jr., south by James C~eek, and West by'James Creek. Time and~ place being set for 7.30 P.M. (E~S.T.)~ ~hursday, November 2~, 19~9, at the ToWn Clerk, S 0f~iCe' Main ROad, Southold, New York. Vote of the Board: Ayes:- Mr. Gillippie, Mr. Bergen: Mr. Rosenberg, ~and M~o Grig6n~s, Southold Town Board of Appeals -7- November 12, 1959 By resolution offered~by Mr. Bergen, seconded by Mr. Rosenberg, and carried, 8:00 P.M..(E.S.T~),Wednesday, November 2~, 1959, Town clerk'S Office~ Ma~n Road, SoUthold, New York was set for hearing upon application of Theresa Bollhoefer, East Road (Fleets Neck), CUtchogue, NewYork, for a variance in accordance with the Zoning Ordinance, Article III, Sections 303 and 307 for permission to reduce frontage and side yards and Article X, Section 1000A, for permission to divide property into two lots, Location of property: south side East Road, Cutchogue, New York, bounded north by East ROad, east by Julia Wickham, south by Bay, and .W~st by Pequash Avenue and Willis. Vote of the Board: Ayes:-~ Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Rosenberg~ seconde? by Mr. Grigonis~and ~e~'0~d~nN~be~o~o~9~e~'~r~M~a~E~T~'t~m°ewn and place for hearing upon aPPlication of Wilbur S. Hauser~ d/b/a Peconic Liq~r Store, Main Road~ Peconic, New York~ for a special exception in accordance With the Zoning Ordinance, Article III, Section ~00~ Subsection lI, for permission to erect sign advertising Peconic Liquor Store on north side Main Road, Peconic, New York. Property bounded north by A. Cierach, east by G. Berkoski, south by Main Road~ and west by A. Cierach. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. It was further RESOLVED that legal notice be published in the official newspaper on date of November 20, 1959. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held ~ednesday, November 2~ 19~, 7:30 P.M., at the Town Clerk,s Offi~e~ Main Road~ Southold~ New York. Meeting adjourned at 11:00 P.M. Respectfully submitted~ Secretary