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HomeMy WebLinkAbout2489TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)...E..]./...~../.~./V.........C"'...,....~..~...~...'~.~( ......... of .~...~..,[~....~...)..~...~..~...~..~.~,. .......... .~.....~..~...../...~.,,6> Iqame of Appellon,t StreEt and Number ./~.~2~.,~.....~,..,J,~.'..~...,u....~...,,~,.~..,~.,;./,;....,,~,.;.. ,~/..../L.~.~ ....... ..,/~,.~,.~.,'..../~.,~.,,)T,.~,.HEREBY APPEAL TO Mdnicipality State ( ) (~0 ( ) THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .O..~,.~.......~...~~ WHEREBY THE BUILDING INSPECTOR DENIED TO v~/.y..~.......C..:.....~ 5. ~.~. .... ................ I~c;rne of Applicant for permit o~ ~..~x.../.~../3 ...... .... ~..~.'..~ ....... ./Z..~.~..,..~.~ ......... ..n.l.:..~ z.~.?.~ ~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION O~F THE PROPERTY ~....~...~...~........~...~...~....-~....~? ~...~.. '~... /~."f--/", T-c/c. ~, ................... Street .............. .... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of ~/Zoning Ordinance b~/number. ~~e~ 3. TYPE OF APPEAL Appeal is made herewith for (~'/~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 6~ Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and wes made in Appeal No ................................. Dated ...................................................................... ( ) (~() ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~'orm ~.~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATEOF NEWYORK ) :/~,~ : 0~ ) ss ..... ::'-'-~"-' '~i;~;~;tL;~e .......................... COUNTY OF~'~'~'l~t~/~'' ) Sworn ,o this ............... ,h?...'~.~ ................ day of .......... .~...~-,"'~-..~..~..~ .~. .................... 19 7 ~O- E£1ZAB~H ANN N~VILLE NOTARY PUBLIC. State of New Yor~ No, 52-812585D, Suffolk Couou~tyy Term £xpires March 30, i~.j~O LEGAL NOTICE NOTICE OF HEARINGS Rursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, November 9, 1978, on the following appeals: 7:45 P.M. (E.S.T.) Upon application of North Fork Bank and Trust Company, 245 Love Lane, Mattituck, New York, (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk and Parking Schedule for permission to construct an addition on the Southold office. Location of property: Main Road, Southold, New York, bounded on the north by Main Road; east by Rudolph H. Bruer; south by Grace R. Edson, Lewis Edson and Deborah D. Edson; west by Grace R. Edson. 7:55 P.M. (E.S.T.) Upon application of Joseph Kubacki, Nokomis Road, Southold, New York, (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to construct a house with insufficient front yard setback. Location of property: Nokomis Road, Southold, New York, bounded on the north by Nokomis Road; east by Stanley and Joyce Garen; south by Russel Freund; west by Antoine H. Van den Heuvel. 8:10 P.M. (E.S..T.) Upon application of Evelyn C. Olsen, Main Road, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article VI, and Bulk and Parking Schedule for permission to construct an addition to an existing building. Lo- cation of property: Main Road, Laurel, New York, bounded on the north by Main Road (State Road 25); east by Sophie Kander; south by Katherine B. Tuthill; west by H. Pollak. Legal Notice of Hearings -3- August 17, 1978 8:35 P.M. (D.S.T.) Upon application of Joseph Cherepowich, Gillette Drive, East Marion, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to extend garage with insufficient front yard setback. Location of property: Lot No. 21, Marion Manor, East Marion, New York. 8:45 P.M. (D.S.T.) Upon application of Arthur W. Lee, 246 West 8th Street, Deer Park, New York, for a variance in accordance with the Zoning Ordinance, Article iii, Section 100-35 for per- mission to erect an eight (8) foot fence around property. Location of property: Laurel Lane, Mattituck, New York, bounded on the north by J. Lee; east by C. Schimpe; south by Laurel Lake; west by J. Mu!vihill. 9:00 P.M. (D.S.T.) Upon application of Marion M. Roussin, General Delivery, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and width. Location of property: Soundview Avenue, Southold, New York, bounded on the north by Halbauer; east by Private Road; south by Soundview Avenue; Dated: August 7, 1978 PLEASE PUBLISH ONCE (1) west by Young. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS AUGUST 10, 1978, AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE $OUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORt~, PRIOR TO AUGUST 17, 1978. Copies mailed to the following on August 7, 1978: Gary F. ©lsen, Esqo a/c Joan L. Tsontakis Gary F. Olsen, Esq. a/c Thomas A. & Rosa Fucile Gary P. Olsen, ESqo a/c Jacque!ine Penney Donald & Virginia Leden Harold & Loretta Schwerdt ~Digail A. wickham~ Esq. a/c John Joseph Cherepowich Arthur W. Lee Marion M. Roussin Baxter NOTICE OF I-I~ARINGS Pursuant to Seetian ~6~ of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the zunh~g Board of Appeals at the Town Hall, Main Rood, Santhold, New York, on Thursday, NoVember 9, 1978, on the following ap- peals: 7:45 P.M. (E.S.T.) Upon application of North Fork Bank and Trust Company, 245 Love Lane, Mattituok, New York, (Abigail A. Wickham, Esq.) for a variance in ac- cordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk and Parking Schedule for per- mission to construct an ad- dition on the Southuld office. Location of property: Main Road, Southold, Now Y_orik~ bounded on the north by Ma Rood; east by Rudolph H. Bruer; south by Grace R. Edson, Lewis Edsun and' Deborah D. Edsun; west by Grace R. Edsun. 7:55 P.M. (E.S.T.) Upon application of Joseph Kubacki, Nokomis Road, Sunthold, New York, (Abigail A. Wickham, Es~.) variance in-accoraance w~m the Zoning Ordinance, Articie III, Section 100-31 and Bulk and-Parking Schedule for permission to construct a house with insufficieat front yard so,back. Location of property: Nokomis Road, Soothold. Now York. bounded on the north by Nokomis Road; east by Stanley and Joyce Garen; santh by Russel Freand: west by Antoine H. van den Hoovel. 8:10 P.M. (E.S.T.) upon. I application of Evelyn t). · -Oi~Main ~oao, .bauro. l, ~ ' New-~rk, for a variance, in · accordance with the Zomng · Ordinance, Article VI, and ~ Bulk and Parking Schedule for permission to construct an addition to an existing building. Location of property: Main Ro?d,. Lau~.e~t, New York, beundea on me north by Main Road (State Road 25); east by Sophie Kander; south by Katherine B. Tuthill: west by R. Pollak. 8:25 P.M. (E.$.T.) Upon apPlication of Richard Wall, ~2715 Nassau Point Road, Cutchogno, New York (William J. JacObs, as Agent), for a variance to the Zoning Ordinance, Article Ill, Section 100-32 for permission to constrnct an accessory building in the front yard area. Location of property: Nassau Point Road, Cut- chogue, New York, bounded on the north by Felix R. Palmeri; east by Little PecOnic Bay: south by Ber- nard E. Goerler: West by Nassau Point Rood. 8:35 P.M. (E.S.T.) Upon application of Olym_ pi~_ Kouros, Main Rood, Ma- tituck. New York, for a variance to the Zoning Or- dinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property into 3 lots with insufficient ~srea and width. · Location of. property: Bunny Lane and Kouros Rood, New Suffolk bounded on the ,~or~hv by Kouros'Read: east gunny Lan~south by Joseph Arena: we~t~ by Salvadore - Caridi. : $:50 p.M. (E.S.T.) Upon application of Ernest E. -~il~l~rg l~nd Harold W. Wilsberg, Olejule Lane, Mattituck, New York, (Richard J. Cron~ Esq.) for a variance, to the Zoning Or- dinance, Article llI, Section ~00-31 and Bulk and. Parking 9ehedule for permission to create a lot with insufficient area. Location of property: Lot NO. 6. Long PonoEstatss, Southold, New York. Dated: October 30, 1978 BY ORDER OF THE SOUTHOLD ToWN BOARD OF APPEALS 1TN2-3087 COUNTY OF SUFFOLK, ] STAT'~ OF NEW YORK, ~ ss: ........ ~ .I'.o.y...G.q@ .t.a.v. pp.n .............. being duly Sworn, says that . .h~ ... is Printer and Publisher of lhe SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; and that the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in ~ach week, for . . .oma. (LI ............... weeks successively commencing on the ~ncl ........ ............... Sworn t~ _be, lore me this '~"l" '('''' | ....... ........ ..... ....... LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, November 9, 1978, on the following appeals: 7:45 P.M.(E.$.T.) Upon ap- plication of North~Fork Bank and Trust Company, 245 Love Lane, Mattituck, New York, (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk and Parking Schedule for permission to construct an addition on the Southold of- rice. Location of property: Main Road, Southold, New York, bounded on the north by Main Road; east by Rudolph H. Bruer; south by Grace R. Edson, Lewi~ Edson and Deborah D. Eds0n( west by Grace R. Edson. 7:SS P.M. (E.S.T.) Upon application of Joseph Kubacki, Nokomis Road, Southold, New York (Abigail A. Wickham, Esq.) for a variance in accor- dance with the Zoning Ordi- nance, Article IlL Section 100-31 and Bulk and Parking Schedule tbr permission to construct a house with insuf- ficient front yard setback. Location of property: Nokomis Road, Southold, New York. bounded on the north by Nokomis Road; east by Stanley and Joyce Garen; south by Russel Freund; west by An- toine H. Van den Heuvel. 8:10 P.M. /E.S.T.I Upon applicatioh of Evelyn C~ ~Ol~e~E~ Main Road, Laurel, New York, for a variance in accordance with the Zoning Ordi~a~ce Article VI, and Bulk am Parking Schedule for permis- sion to construct an addition tc an existing building. Location of property: Main Road, Lau- rel, New York, bounded on the north by Main Road (State Road 2S); east by Sophie Kander, south by Katherine B, Tuthill; west by H~ PoTla'k.' 8:2S P.M. (E.S.T.) Upon application of Richard Wall, 271S Nassau Point Road, Cut- chogue, New York (William J. Jacobs, as Agent), for a variance to the ~oning Ordi- nance, Article Itl, Section 100-32 for permission to con- struct ~n ac~:essory building in the ft:~J~ ~lJ~d area. Location of properly: Nassau Point Road, Cutchogue, New York, bound- ed on the north by Felix COUNTY OF SUFFOLK STATE OF NEX~ YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Counht; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... J. ....................... weeks successively, commencing on the ..... ..?.. .............................. ............. 2. Sworn to before me this ..~.. ................ c~a¥ at ......... O FORM NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SoU'rHOLD, N. Y. NOTICE OF DISAPPROVAL File Na ................................................................... Dote ........................... ~7. ....... L~..., IgZ~. for permit to construct ........................................ ~t the premises located ~0 MAIh] "F'O~ D Street I_.p, UTeF2 L. ~,'Z~ 'TUTI4~LC~ SEC/ Map is returned herewith and disapproved on the following grounds ......~.~.~ ...... .~..~[.Z..t..~..~.....L~. LIV~LF Fkoo~ '" Building Inspector TOWN oF 8OUTHOLD, NEW YORK ~-/ APPLICATION FOR SPECIAL EXCEPTION APmCA=O No. q TO TI~ ZONING BOAi{D OF APPEALS, SOUTHOLD, N. ¥, Name Street and Numbe~ ........................................................................................ N.e.~v...Zo. nk ................................................................ Municipality StaGe hereby apply tO TPIE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the SUBSECTIoNZONING ORDIN~uNCEc6 (F)A~TmDE III SECTION 100~//-S0/O~~~. THE SPECIAL EXCEPTION IS REQUESTED BECAUSE Applicant has renovated an old barn located on the east side of North Street approxirkately 200 feet North of Main Road, Cutchogue, New York for the purpose of an art studio. Applicant has received permission from iZina Chugin, who owns premises on the Main Road, to locate a directional sign on !her property. The art studio is beneficial to the public, at large, in particular, iCutchogue from both an aesthetic and cultural aspect. The permission to maintain ithe sign would be beneficial to the traveling public. A sketch is submitted separ- lately showing the proposed design of the sign, which sign would be in conjunction with la sign for Zina Chugin Beauty Salon and would be located and would be of such size iso ~$-:~to meet the town requirements. STATE OF NEW YORK ) cOuNTY OF Suffolk ) Gary SiVOrn to this ......... ~,~.tll ........ day o~ ...J. ul[~ .................. 1~.7.8 .......... Flanner Olsen, Notary Public ~/ ]Esq. FORiVI ZB2 TOWN CLERK 765-3783 Building Dept. Ptanning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the . . .Bo&rd .of. ApDe~,ls ............... of the town of...'~O~, of. S{3utho'l d ........ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits .... ~; ......... Variances ' Evelyn C. Olsen Main Road Laurel, New York Appeal No. 2489 Location of affected land: ...... S~.~.~..~,...~IJ~el,..Ne~...Y~k ........................................... within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line .... ~ ......... State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines, ................ State or county owned parcel on which a public building is situated Comments: Applicant was denied permission to construct an =e~idence on the back of a business zoned real estate agency. (signed)Robert W. Gillispie, Jr. .......... .Ch n .................................................. T/t/e Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. S,lffolk Co,:nty D~partment of Plannin~, H. Lee ~,en~::.~c:~ E:;c.'.:t;:f. vc Cffice BuildinE veterans ~femori'al Highway · qauppau~e~ l!=w York 11707 (516) 979-2918 Town of Southold Board of Appeals December 1, 1978 Petitioner: Evelyn C. Olsen Mun. File No.: 2489 S.C.P.D. File ~.: SD-78-9 Gent lemon: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter~ the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or disapproval. Comments~ Appears inappropriate as sufficient information has not been sub- mitred to demonstrate compliance with established "use variance" criteria. Very truly yours, Lee E. ~oppelman nirector of Plannin~ CGih jk ! Gerald G. ~"e,~.rman Chief Planner -~OUTHOLD, L. I., N. Y. 11971 TE LEPHOIXlE (518) 785-1809 APPEALS BOARD MEMBERS ROBERT W. GILLISPIE, JR., CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN,JR, TERRY TUTHILL RO6ERT J. DOUGLASS MINUTES Southold Town Board of Appeals November 30, 1978 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (D.S.T.) Thursday, November 30, 1978, at the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chair- man; Serge J. Doyen, Jr. Terry Tuthill and Robert J. Douglass. Also present were: Dick Curtis, Suffolk Weekly Times and Shirley Bachrach, League of Womens Voters. RESERVED DECISION: Appeal No. 2489. Application o~ Evelyn C. Olsen, Main Road, Laurel, New York for permission to construct an addition to the existing building. THE CHAIRMAN: Is M~s. Olsen here. JOSEPH C. CORNELL: We are here to represent her tonight. THE CHAIRMAN: We have bee~ over this with Counsel again and reviewed it in our own minds, and this is definitely an action that this Board should not grant. Legally, we cannot grant it. I do not think there would be any objection to it, but that is no reason for granting it. We are all in sympathy with Mrs. Olsen. Perhaps the one way the situation could eventually be rectified, but perhaps not in time for Mrs. Olsen, would be if the To~.~ Board amended the Zoning Ordinance to permit this type of situation. This is strictly a pro- hibited use. It wasn't originally in a business zone. Since the last meeting we have received some guidelines from the State of New York. These are general summations of the effects of all of the legal decisions since zoning first started, and we would be in a position of legislating an action which the Town Board specifically changed. It used to be that we permitted residences in B industrial zones. Gradually one of the reasons this was changed was more and more residences were going into business zones and industrial zones. So tkey changed the law. This Board cannot legally grant a variance for a residence in a business area. If Mrs. Olsen would like to withdraw the application without prejudice to a future application if the Town does eventually change the Ordinance, it might be better to do it that way. Or we can just deny it and give the r~asons. Here are some of the reasons from the State guide: In any effective zoning program the municipality closely monitors non-conformi~ uses designed to encourage the phasing out of these uses. Certain realities temper such desires especially when the community is faced with an existing non-conforming use which seeks a variance to rehabili- tate or rebuild its premises. A non-conforming use must not only prove that without a variance i~ is incapable of yielding a reasonable return~ You cannot say that since that land is zoned business it cannot yield a reasonable return, which is one of the things you must prove to get a change of this character. That's out. It is alreading operating as a business. "It must also negate the possibility of a fair yield from all permitted uses as well. Since these non-conforming uses are often an on-going business or existing structures with inhabitants, munici- palities are often reluctant to construct proposed expansion or to frustrate ambition. Under pressure, Zoning Boards of Appeal have often construed the showing of a rational business or personal need to alter, remodel or repair existing facilities as paramount to demonstrate the unnecessary hardship. Although frequently used to justify cases for granting use variances as opposed to an area variance. Use variances are far more serious in zoning parlance. Although frequently used as justification for grnting use variances, items such as those listed be- low are significantly insufficient to satisfy the rigid court require- ments for determining unnecessary hardship; Efficient operation of the business, that is not legally a reason. That is one of Mrs. Olsen's reasons. Increased income cannot be used. Modernization of the facilities cannot be used. Need for retirement income cannot be used. Increase in family size or desire to build additions cannot be used. All these thi~ ~ are not permitted as reasons to grant a variance of this type. I do nob know if you can explain it to Mrs. Olsen or not. JOSEPH C. CORNELL: Are these things recommended facts here? THE CHAIP~4AN: These are guidelines from the State of New York. MR. CO~:ELL: Guidelihes, but they are not ..... THE CHAIR~N: We interpret them as applying here. MR. CORNELL: It is interpretted by this particular Board. THE CHAI~4AN: And by Town Counsel. MR. CO,NELL: And by Town Counsel. Fine, now I go along with this. However, you have a terrific hardship case here, I think you should base it on what the facts are behind it. Because if you can do this with Mother/Daughter homes when they say they are going to have a hardship if they can't have it expecially when it is against the Town Ordinances and building code and what have you and they are permitted to put in a Mother/Daughter home due to hardship, I don't see why this can't be done. You are not setting a precedent in this particular case. I think if you are going to use guidelines it can be a particular case as you have done with the Mother/Daughter homes. I do not think this ~-~ should be singled out because you are interpreting this...You said the~_ '~0UTHOLD T0~[ BOARD 0-~APPEALS -3- November 30, 1978 were guidelines. They are not legal reasons. it probably would not be legal. If it wasn't would say it was not straight out. Your Town Attorney says going to be legal, he THE CHAIRMAN: They are not legal here. We have never granted a mother/daughter home. MR. CORNELL: go through here. We just h~ about eight of them in Mattituck THE CHAIRM/LN: What do you mean "gone through"? Do you mean they have been built? MR. CORNELL: They have been built and brought to court, and the matters thrown out. The people are living in them. THE CHAIR~N: Is that so. I am not familiar with them. would like to have a list of them. Could you give me a list? MR. CORNELL: Ail you have to do is ask Mr. Rich, and he will tell you. He is the one who threw them out of court. THE CHAIRMAN: These were double occupancy on single residences? MR. CO,NELL: Mother/daughter operations from what I understand. THE CHAIRMAN: Two different cooking facilities? MR. CORNELL: Mr. Hindermann is the one who served them-wi~h the violations. THE CHAI~2~N: Just because Mr. Rich throws a case out of court it is not sufficient reason for us to grant a variance. MR. CORNELL: I aqree with you. I am not trying to put anyone on the pan here. I am trying to say it is up to you gentlemen to de- termine if this will set a precedent or not. THE CHAIRMAN: When we first started with zoning there were many old houses that could have been converted to two family dwellings. MR. CORNELL: I still agree with that. THE CHAIRMAN: So in the beginning we had nothing in our Ordinance about two family houses. So this Board when they received an application to modernize an old house with an apartment upstairs and one downstairs, rather than have it become run down and a burden on the community, granted variances in the belief that we were helping the Town. We did 4 or 5 of them. Some right here in Southold. We finally had one in Orient. A big house on quite a small lot and a. tot of the people on the street who had rented rooms or who were living in part of a house and using the other part as a business, as in one case, came in and objected to us granting this variance. One brother was to live upstairs, and the other brother downstairs. It was appealed to the Supreme Court and the Supreme Court upheld us. The Appellate Division upheld up. When it got to Albany, they ~- $~UTHOLD TOWN BOARD O~PPEALS -4- Nov~er 30, 1978 did not uphold us. The Court of Appeals in Albany, which is the highest Court in the State of New York, said we were attempting to write legis- lation, and that was not our function. If the Town Board had wanted two~' family houses, they would have said so. Since that time the Town did · change things and said that if you have twice the square footage you could have a two family house. I think you have a have a point myself. It seems to me that there are quite a few business that can be better run if the person owning the business lived on the premises. I believe that if you present this to the T~wn Board, you might be able to convince them that the Board of Appeals could do this by Special Exception to the Zoning Ordinance. Right now we cannot do it. The case I just told you about is the only case we ever lost so I remember it. We were acting in the wrong capacity. MR. CORNELL: However, you are empowered to grant certain dis- pensations on some of these applications such as restaurants next to a residential area or lets say a motel. You are empowered to do this. THE CHAI~4AN: At times. Somehow, some place a Board has to take the responsibility for using its judgment. A Planning Board can draw guide- lines and say what you can do here, there and elsewhere. Some place all that information meshes and that is here. If you want a garage next to a church or a school next to a liquor store, things like that enter into our jurisdiction here.' MR. CORNELL: Isn't that applicable though to most things that come here before the Board? Aren't you still empowered to grant this without going through litigation? THE CHAIRMAN: You can make a wrong decision. THE CHAIRMAN: Now you have answered my question. You do not want to make a wrong decision. You are relying on your attorney to advise you. THE'CHAIR~IAN: Another reason we do not want to make a wrong decision is because sooner or later someone takes us to court, and I do not know if you have paid any legal bills lately, but they are not fun. There are no fun for the tax payers in the Town of Southold either, which is another reason for us trying to make the right decision. Do you understand? MR. CORNELL: Yes, I do. THE CHAIR~N: I have seen lawyers charge us quite substantially for things that are already in the files. MR. CORNELL: However, as I said before, would you be creating a precedent because you ruled on this particular application? THE CHAI~-~N: To some extent, we are. We do not like to do things one time. MRS. JOSEPH CORNELL: If I recall correctly when Mrs. Olsen ~ © $OUTHOLD TO?~ BOARD OF APPEALS -5- November 9, 1978 PUBLIC HEARING: Appeal No. 248~ - Upon application of Evelyn C. Olsen, Main Road, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article VI, and Bulk and Parking Schedule for permission to construct an addition to an existing building. Location of property: Main Road, Laurel, New York, bounded on the north by Main Road (State Road 25); east b~ Sophie Kander; south by Katherine B. Tuthill; west by H. Pollak. ~ The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, ,and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Sophie Kander, Frank Ritzer and Katherine B. Tuthill. Fee paid $15.00 THE CHAIRMAN: The applicant has a one story frame office building on the south side of Route 25, west of Mattituck. The lot size is 104 by 178 feet or approximately 17,000 square feet. Located on the easterly side in the front of this lot is the one story frame office building. The proposal is to add a 28 by 24 dwelling unit and attach it to the office building. 28 x 24 is 672 square feet. The Code requires 850 square feet. This is one of the difficulties here. Is there anyone present who would like to speak for this application? Do you have anything to add to this, Mrs. Olsen? EVELYN C. OLSEN: I was told I did not need 850 square feet if I was going to enlarge the office. I would be using my living room as part of the office. All I am asking for is a living room, bedroom and kitchenette. This would all go back into the office if I should pass away or move away. I can't keep two places going anymore. I really do need this. THE CHAIRMAN: Have you made arrangements to sell your house? MRS. OLSEN: Yes. THE CHAIRMAN: Our problem here is that this is a dwelling unit in a business zone which is specifically prohibited under the Ordinance. We have investigated every angle that we could to try to help you out. I think everyone is sympathetic. We would like to help, but we do not see how we can. It is simply prohibited to build a dwelling unit there. MITS. OLSEN: The house next to me is not business. residential. On the other side is farm land. Across business property, and there are people living there. That property is the street is THE CHAIRMAN: People are living in the restaurant? are people living in Goodale's place. I think there MRS. OLSEN:There are other businesses along that road with people living in the buildings. $OUTHOLD TO~ BOARD OF APPEALS -6- November 9, 1978 THE CHAIRMAN: How about to the east of you on the same side of the road? Is there anyone there who runs a business? MRS. OLSEN: No, that See, when we bought this changed. is residential on the corner. That it was zoned residential and we had is Kander. the zone THE CHAIRMAN: When did you b~y this? MRS. OLSEN: 1962 or 1963. It used to be a restaurant. THE CHAIRMAN: You built the office? MRS. OLSEN: No the building was there. We just converted it. The office was on one lot. We bought the second lot so we had more parking area. THE CHAIP~MAN: The property to the west of you is zoned agricultural? MRS. OLSEN: It belongs to part of a farm. It is a big hole. The next house is a big brick house down next to the trestle. THE CHAIRMAN: The people to the east are zoned business. MRS. OLSEN: No, that's Kander, and it is zoned residential. MR. TUTHILL: Is there another lot between you and Kander? MRS. OLSEN: That all belongs to Kander. From the corner to ~y office belongs to Kander. In back is the sand pit. THE CHAIRMAN: In back of your property? MRS. OLSEN: There is water running to it. At one time it must have been a river from the lake that is down on Peconic Bay Boulevard. When they put Bray Avenue through, they must have closed it off. THE CHAIRMAN: Well across the street is a restaurant. How long has the restaurant been there? MRS. OLSEN: They just moved in about a month ago. THE CHAIRMAN: What was there before that? MRS. OLSEN: They have been open just a couple of months. THE CHAIRMAN: But what was there before that? MRS. 0LSEN: A private home and a farm stand. They converted the home into the restaurant. I think it is Captain Cooks. THE CHAIRMAN: That is zoned business I think. Business zoning extends for quite a distance there. SOUTHOLD TOWN BOARD O PPEALS -7- ovember 9, 1978 MRS. OLSEN: On that side. THE CHAIRMAN: Our problem is technical with the Ordinance. We do have s~pathy for you. Financial hardship is not considered a justifiable hardship to obtain a zoning variance. If it were, everyone would be eligible. There is no one who could not find a financial hard- ship. We realize it would be a convenience to you if you do do this. Legally, I do not think we can. I~ do not see a solution for you here. JOSEPH C. CORNELL: Let's say this addition were increased to 850 square feet. Would it be permissable then? THE CHAIRMAN: No. To me, if this was going to be done, be more objectionable to have the full 850 square feet there. anyone else? it would Is there MRS. OLSEN: Would it make any difference if I split the lots? THE CHAIRMAN: They are zoned business. MRS.OLSEN:~ This is just temporary. How do I know how long I am going to live. I could be dead tomorrow. THE CHAI~4AN: We might have trouble on the way home. MRS. OLSEN: I practically live there now. I just go home nights to wash clothes and clean house. It is very hard to keep a 7 room house going. THE CHAIRMAN: I wish we had a solution for you. We time with the Town Attorney trying to extract his thoughts. would really like to do it for you. spent alot of Everyone MRS. JOSEPH C. COl{NELL: Under the circumstances where she is running a business by herself and has %o regular employees, she must be there all the time. This is definitely a hardship. It would be a convenience only in the fact that she would be able to answer the door or the phone during hours other than the regular working hours. THE CHAIRMAN: That is a personal hardship connected with the business. MRS. CORNELL: With the two circumstances being involved, this would not make a difference? THE CHAIRMAN: Generally a hardship applies to topographical features. These are area variances. There is a vast distinction between area variances and use variances. Whether a man's house is put 1 foot too close to the line by design or error, is really immaterial to the neighbor- hood and will not change the character of it. It would not particularly effect the well-being of the Town of Southold. What would effect the Town of Southold is use variances. Uses which are rightly or wrongly designated for certain parts of the Town. Is there anyone else? $O'UTHOLD TOWN BOARD APPEALS -8- November 9, 1978 MRS. OLSEN: Could I use the living room as part of the office? THE CHAIRMAN: Do you mean as to the size requirement? That would not help. This is a residential use in a business area. This is not pre-existing. You are going to put it there. The Town is sure to have problems with it in the future. And you would too. Rightly or wrongly, the Town's Ordinance does not allow Mom and Pop type businesses where someone lives over the stqre, although we know there are many of them here. MRS. OLSEN: I have two rooms. What would happen if I took and put a cot there. Could they stop me from doing that? THE CHAIRMAN: No. MRS. OLSEN: Can I enlarge my office and not live in it? THE CHAIRMAN: You can apply and get a building permit. The only thing is you cannot use it as a dwelling unit. You cannot cook there. You cannot have a stove there. You can have a bathroom. MRS. OLSEN: You mean in the building I have now? THE CHAIRMAN: You couldn't cook there. It creates a residential use. There has to be a line somewhere. For instance people who put up guest cottages on their property have to be allowed some leeway. You cannot have cooking facilities though. You cannot have two dwelling units on one building lot A judge in Mattituck challenged us on this, and we were upheld all th~ way through the Appellate Division. MRS. OLSEN: I don't understand how these people can make two-family houses out of brand new houses all over Mattituck. They don't ask for permits, and they have two kitchens. THE CHAIRMAN: That is outside our jurisdiction here. I think we will.make our decision tonight, but-I will take this up again with the Town Attorney to see if there is any way this can be alleviated. What you are suggesting would take a change in the Zoning Ordinance. It is a fact that a smaller dwelling unit can be used in a "M" zone. But you cannot.do it in a business district. Is there anyone else who would like to speak on this or ask any questions. We are very sorry about this Mrs. Olsen. MR. GRIGONIS: Can we reserve decision tonight, and see if we can't research some other things that we may have missed the first time? THE CHAI~4AN: Certainly. Is there anyone who wishes to speak against this application? (there was no response). I think we have already given the answers why we must be against this. MRS. OLSEN: Are you saying that we can appeal again? THE CHAIRF~IN: What we are going to do is reserve our decision ana~ explore it further. © O $0UTHOLD TOWN BOARD OF APPEALS -9- Nover~ber 9, 1978 MR. TUTHILL: you know what the concerned. Maybe you can think of some other ideas, now that situation is as far as the Board of Appeals is On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED to RESERVE decision on Appeal No. 2489 until Thursday, November 30, 1978, at 7:30 P.M. ~% Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2486 - Upon application of Richard Wall, 2715 Nassau Point Road, Cutchogue, New York (William J. Jacobs, as Agent), for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay; south by Bernard E. Goerler; west by Nassau Point Road. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, Legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Felix R. Palmeri; Bernard E. Goerler. Fee paid $15.00. THE CHAIRMAN: This application is on the easterly side of Nassau Point Road. The proposal is to place a garage and other rooms at least 100 feet from Nassau Point Road approximately adjacent to a smaller garage on the adjoining property to the south. The house itself is located on the easterly portion of the lot. Is there anyone present who wishes to speak for this a~plication? WILLIAM J. JACOBS: I am the builder, and I made the application for this on behalf of Mr. Wall. I see no reason, of course, why they could not have a garage that is back to back with the other garage. It gives them a little view from the garage if they want to use their guest rooms upstairs. Their children come out and they would rather have a guest house for them than crowding them all into the main house. This is their summer place like most of the houses on that side of the street. THE. CHAIRMAN: What is the the dimensions? This says guest car garage. total size of this project? What are rooms and garage. It could be a 3, 4, or 5 MR. JACOBS: It is a two car garage 22 feet wide by 24 feet deep. THE CHAIRMAN: 2 cars. 22 by what? O TELEPHONE (516) 765-1801 ~DITH T. TERRY Tom ~ERK P~EGI~R OF VITAL STATISTICS Southold, L. I., N. Y. 11971 October 19, 1978 To: Southold Town Zoning Board of Appeals From: 3udith T. Terry, Town Clerk . ' ' Zonin Aopeal No. 24~9, applicatign of Evelyn C. Olsen Transmitted herewith l~ ~ - ~ ~ --~lo~ ~o a~oinzn~ propegty ~wn~rs as ~o~ a var~an~..~9~_~n~ge~o~~ ~~, N ?.; ~a~ RTt~er, ~a~n~a~;.~ MattStuc~, 8.~.; H. Foi£am, r.u. ~o~ ~, .......... , MattltucK, m. JTT/bn cc:file Enc./ ~"' 'SOUTHOLD TOWN BOARD %PPE~LS -5- Novc r 30, 1978 presented her case she did say that she and she alone would be the only one who would use this as long as she lives. Afterwards, it would revert back to the business zone. THE CHAIR~N: We could impose that condition, if we were permitted to do this in the first place. I do not think this would be a good thing for the Town to have a dwelling unit there indefinitely. It would have to expire. .~ MR. CORNELL: She is 69 years old now. THE CHAIrmAN: I know. But the next man who buys this property is going to be able to prove he cannot use it as it is intended unless he has this residence. MR. CORNELL: Then what do you suggest for Mrs. Olsen now? THE CHAIRMAN: I suggest you explain the problem to the Town Board, and see if you can get a change of zone for her property. We are going to have a meeting of all the Boards of the Town in the next couple of weeks, and I will bring it up. That does not mean you should relax. You should still go and see the Town Board and see what they can do. We can assume then that ~lrs. Olsen will withdraw her applica- tion. That would be better than having it denied. On motion by Mr. Gillispie, Seconded by Mr. Douglass, it was RESOLVED that Evelyn C. O!sen, Appeal No. without prejudice. 2489 be withdrawn Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. On motion by Mr. Gillispie,~seconded by Mr. Douglass, it was RESOLVED that the Southold Town Board of Appeals approve minutes for the November 9, 1978, meeting. Vote of the Board: Ayes: ~.1essrs: Gillispie, Doyen, Tuthill and Douglass. Mr. Andrew Wallin was scheduled to have an informal discussion with the Board relative to a home occupation business. Due to the amount of applications on the agenda, Mr. Wallin said he would wait to have his discussion after the regular hearings were held. PUBLIC HEARING: Appeal No. 2496 - Upon application of Scott Ben Corp., Main Road, Southold, New York, for a variance in accordance BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: ~ NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: :~rL~ ~ cribed as2'follows:That the ~,'-pr°perty~-~o-~'~which is~the subject ('~°f the, Petition~,~ is~~located adjacent) to your,~, pro~perty_.~v~/~/~and~is des- 3. That the property which is the subject of such Petition is located in the followinjg zoning district: 4. That by such Petition, the~undersigned will request the following relief: ~ ~_ ~ ~ ~ / $. That the provisions of the Southold Town Zoning Code ap.,olicable to the relief sought by the under- signed are: ~-~J~/, /~. ~~ ~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: _ ~ ~/~ ~. ~. ~. .bein~dulysworn, dep~and~ysthat6n~he I ~9~day of - .~ ~ ~ ; 19 ~ . deponent mailed a true copy of the Notice ~t forth 0n ~e ~ ve~ side he~eof, directed to each of t~e ~boV~med ~ns at the addr~ ~t oppmite thor r~tive namm; that the addresses set opposite the namm of ~id ~m are ~e addr~ of ~id ~nons as shown on the current ~sessment roll of the Town of Sou~old; that ~id Noti~m w~e mail~ at ~e United S~tm Po~ ~- rice at ~ ~ ~ e / ~ ~ ~ ~ ~; that ~d Not~ were maded to ~ch of ~id ~ns by (certified) (registered) mail. Sworn to before me this ./ ~ ~/~ day of _j~j~, 19 -- / NOtary Public (" ELIZABETH ANN NL"VILLE NOTARY PUBLIC, State of New York No. 52-8125850, Suffolk County Term Expires March 30, 19~ 6OO C MATCH I.OA( c ) FOR PARCEL NO. SEE SEC. NO. 122-10-00.8 LINE 21 19.6 A(c) o 12 I.SA(c) 4.8A(c ) ~ MATTITUCK PARK D)$T. ~