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HomeMy WebLinkAboutZBA-04/11/1963 s S0UTH0LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairmen Robert Bergen Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse., Jr. M 'I N U T E S SOUTHOLD TOWN BOARD OF APPEALS April 11, 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. , Thursday, Aril 11, 1963 at the Town Office, Main Road, Southold, New York. . Present: Messrs. Robert-W. Gillispie, Jr. , . Chairman, Robert Bergen, and Fred Hulse, Jr. Absent: Messrs.- Charles Grigonis, Jr. and Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 554 - 7: 30 P.M. (E.S.T. ) , upon application of 'Allen Besch, Sound Avenue, MattAuck, New York, fora variance in accordance with the Zoning-ordinance, Article III, Section 303 and Article' X,. Section 1000A for permission to divide property using a lot with reduced frontage. Location of property: north side Sound Avenue, Mattituck, New York, bounded north- by-McHugh, east by other land of Besch, south by Sound ,Avenue, and west by right-of-way. Fee paid $5. 00. Southold Town Board of Appeals -2- April 11, 1963 The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. AND MRS. ALLEN BESCH appeared in 'favor of the appli- cation. Mr. Besch stated that this is a temporary garage now and it will be made into a. dwelling. THE CHAIRMAN: who owns the right-of-way? MR. BESCH: Part of it is mine and part belongsto Mr. ' Michalecko. Mr. McHugh also uses it. THE CHAIRMAN: How long ago did you buy this property? MR. BESCH: Two years ago. I planned to put a house on there when I had the means to do so. The building is presently a three car agarage with a shop on the end. It was moved from my brother's place. I plan on renting it and possibly selling it. THE CHAIRMAN: Is there anyone else present who wishes to speak in favor of this application? . (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. 'PAUL MICHALECKO: I understood the 18 ft. right-of-way belonged to Mr. Besch which gives him another 18 ft. MR. BESCH: I just said I own half of it. It is not included in the area of my lot. MR. MICHALECKO: I can't- see something going right along side of me and ruin the value of my property. I don't want to degrade it. MR. BERGEN; How do you get the opinion a house being built right along side of you will degrade your property: Southold Town Board of Appeals " -3- April 11, 1963 MR. "MICHALECKO: Because it' will probably take years "to finish it. Did you take -a look at the building? Would you 'want it .next to ,you? THE CHAIRMAN: The present zoning ordinance does not have a minimum standard as to the .appsarance or .type of building erected in the Town. Your objection as to appearance,we have no control over. MR. MCHUGH: I own property adjoining to Mr. Besch. I have a stipulation agreement from Mrs: Young which states that- any house on my premises may not- cost less than $7, 000 unless, it is a garage and there -may be "not more than one house on the" lot. Mr. Besch also bought from Mrs. Young and must have the same. stipulation. I wanted to build a garage first' on .my lot: but they would not let me as the house had to be built first. THE CHAIRMAN: Mr. Besch "intends to convert this garage into a house. It will not- be used as -a garage. THE ' CHAIRMAN: Do .you know who owns. the right-of=way? MR.. "WILLIAM"WICIUHAM: `Mrs. -.Young." ,. .She gave right-o,f-way, but. she retained title to it. :.. THE CHAIRMAN:. Is there anyone else, present who wishes to speak either for, or against.? (There' was no response. ) After investigation and inspection the Board finds that the applicant has a lot approximately 71 ft. by appr.oximately `220 ft. over 15,000 sq. ft. of ;area. He on Sound Avenue and contains -a 30 ft.- by 22 ft. garage into a one family proposes to. co"nvert dwelling on this , lot. The applicant- owns the .property to the east an was bought at a different time than the lot in question d and is approximately "182 ft. frontage ,by- approxina tely :403 ft. in depth. There is a one :family dwelling located on this -'lot on Sound avenue and a one dwelling" located on this lot on Middle Road. To the west of, the applicant's property is a_ 20 ft. right-of-way.which the (applicant-has access to. .The proposed setback on this garage to be converted into a dwelling is 50 ft. and is greater than the existing dwelling on the applicant's property to the east. Southold Town Board of Appeals -4- April 11, 1963 The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district;. and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Allen Besch be granted permission to divide property using a lot with reduced frontage. Location of property: north side Sound Avenue, Mattituck, New York. The size of the lot is to be 71. 50 ft. on Sound Avenue, 213. 54 ft. on the easterly side, 229. 70 ft. on the westerly side and 74. 43 ft. on the rear. The proposed dwelling is to be located approximately 20 ft. from the easterly side line, approximately 30 ft. from the westerly side line and 50 ft. front yard setback from Sound Avenue. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 555 .- 7:45 P.M. (E. S.T. ) , upon application of Frank S. Zaleski, Deep Hole Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, and Article X, Section 1000A, for permissio n to divide property into a lot with an existing dwelling with insufficient side yard. Location of property: east side Deep Hole Drive, Mattituck, New York, bounded north by other land of F. Zaleski, east by M. Suter, south by other land of F. Zaleski, and west by Deep Hole Drive. Fee paid $5. 00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidavit- attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -5- April 11, 1963 WILLIAM WICKHAM, ESQ. : This survey does not reflect a house which is on the lot to the south of this. It has recently been moved on there and I believe Mr. Terry issued a permit for same and it is on the right location. As for the house in question, only the southwest corner of the house is in violation of the restrictions. They did have an alternative of changing the south line to get the 10 ft. but it would leave an irregular line but we thought we would prefer asking you people for a variance and there would be a straight line. Probably this year there will be a little more property because Mr. Zaleski owns Deep Hole Drive (East- Branch) and plans to move it a little to the west to give more depth to some of the lots. Eventually he will file a map for the farm. THE CHAIRMAN: When was the house built? MR. WLCKHAM: It predates the zoning ordinance by many years. THE CHAIRMAN: Is there anyone present-who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that the applicant has a lot 100 ft. in frontage by 130 ft. in depth and containing over 13, OOOsq. ft. of area. He wishes to sell this lot with a one family dwelling thereon but the side yard setback for this dwelling would be only 8 ft. on the south- westerly corner. The setback is 17.8 ft. from r.eep Hole Drive but it is better than the average for that section of the street. To divide this property to permit a 10 ft. side yard at this corner of the e-t sting house would create an irregular line and be impractical. The Board feels this is the best solution to the problem. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Southold Town Board of Appeals -6- April 11, 1963 On motion of Mr. Gillispie, secon ded by Mr. Hulse, it was RESOLVED that Mr. Frank- S. Zaleski be granted permission to divide property into a lot with an existing, dwelling located 8 ft. from the southwesterly side line. The lot is of sufficient area and has 100 ft. frontage. Location of the property: east side Deep Hole Drive, Mattituck, New York. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was. RESOLVED that the minutes of the Board of Appeals of.March 28, 1963 be approved as submitted. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. The next meeting of the Southold Town Bard of" Appeals will be held 7: 30 P.M. , Thursday, April 25, 1963 at the Town Office, Main Road, Southold, New York. On motion of Mr. Bergen, seconded by Mr. Hulse, it was ]RESOLVED that the Board of Appeals set 7;30 P.M. (E.S.T. ) , Thursday, April 25, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Emilie Haunstetter, Mattituck,Motel, Bay Avenue, Mattituck, New York, for a special exception in accordance with the Zoning-ordinance, Article IV, Section 408, for permission to erect and maintain a directional sign on the property of Q. Caldwell Hurdel, south- easterly corner of Main Road and Bay Avenue, Mattituck, New York, Property bounded north by Main Road, east by'Charles O. Terry, south by J. Nein, and west by Bay Avenue. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Hulse, seconded by Mr. Gillispie, it was Southold Town Board of'Appeals -7- April 11, 1963 RESOLVED that the Board of Appeals set 7: 45 P.M. (E.S.T. ) , Thursday, April 25, 1963, Town Office, Main Road, Southold, New York as- time and place for hearing upon application of James Gallo, Pine Tree Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subdivision 7, for'.permission to erect a private detached garage in the front yard area approximately 100 feet from the front property line. Location of property: east side Pine Tree Road, Cutchogue, New York, Lot No. 10 & s% of 11 on map.:of Nassau Farms, bounded north by Robert & Dorothy Oram, east by Little Creek, south by Anna Garrett, and west- by Pine Tree Road. Vote of the Board: Ayes: - Mr. Gillispiet- Mr. Bergen, and Mr. Hulse. On motion. of'Mr. Gillispie, seconded by-Mr. Bergen, it was RESOLVED that the Board of Appeals set 8: 00 P.M. (E.S. T. ) , Thursday, April 25, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Mr. and Mrs. Thomas L. Burns, 20 Stuyvesant Oval, New York City, New York for a variance in accordance with the Zoning Ordinance, .Article III, Section 307, for permission to reduce side yard setback to 10 feet on the southerly side of lot located on the east side Hobart Road and west sideFounders Path, Southold, New York. Lot No. 39 on map of Founders Estates. Property boundednorth by Gemma M. King, east by Founders Path, south by Teresa E. Hildebrand and west by Hobart Road. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. It-was further RESOLVED that legal notice of hearings be published in "The Suffolk Times" On Friday, April 19, 1963. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. Meeting adjourned at 9: 15 P. Respectfully submitted, pN{�p f V/f^fJ Judith T. Boken, Secretary Cha�cc ,