Loading...
HomeMy WebLinkAboutZBA-07/13/1961 T Southold Town Board of Appeals o��jol S O UTH O LD, L. I., N. Y. Telephone 50 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis,Jr. Serge Dqyen, Jr. M I N U T -E S SOUTHOLD TOWN BOARD OF APPEALS July .13, 1961 A regular meeting of the Southold Town. Board of Appeals was held 7:30 P.M. , Thursday, July 13, 1961 at the Town Clerk 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: Appeal No. 396 - 7:30 P.M. . (E.D.S.T. ) , upon application of Ernest- E. Belfi, 165 -Clearland Avenue, Rockville Center, New York, for a variance in accordance with the Zoning Ordinance,, Article III, . Section . 307, for permission to reduce -side yard. Location of property: . south side 'Waters' Edge 'Way, Lot No. 5 on Map of Terry -Waters, . Southold, 'New York. Fee paid $15. 00. Southold Town Board of .Appeals -2-- July .13, 1961 The Chairman opened the hearing by reading application for .a variance, legal notice of hearing and affidavit attesting to its publication in, th.e official newspaper. THE 'CHAIRMAN: According to the application for a building permit the original structure was located on the application sketch approximately 80 ft. from Waters Edge Way and 11'2" from the west side yard and, the new structure according to the sketch is approx- imately 32 ft. by 32 ft. , is that correct? MR_ ERNEST BELFI: It .is approximately. 32 ft. by 22 ft. (Mr. Belfi described the sketch appearing on the back of the building permit- application. ) THE CHAIRMAN: When these dimensions were finally related to the plot size you have 11 ft. 2 in. to the west- and 11 ft. 3 in. to the east? MR. BELFI: That is correct. Originally the plot plan as given to the builder and as filed with your building department, called . for 15 ft. off the west line. ,After the entire structure was completed it was only .11 ft.' 6 ' in. off the west line instead of the 15 ft. Had it been built as I had asked it would not have gone over the line on the east side. THE' CHAIRMAN Is there. anyone present who wishes to speak for this application? - MR. BELFI: I _do. MR. ROSENBERG: When you filed your original plan there is nothing on that original plan that , indicates any further extension of the house at that time and therefore this is different than ,the original plan? MR_ BELFI: That is correct. THE' CHAIRMAN: � Who filed this original plot plan? MR. BELFI: Lido- Construction. However, this new addition Lido had nothing to do with. I did it -myself. THE CHAIRMAN: In order' to grant' a variance three conditions Southold Town Board of Appeals -3- July 13, 1961 must be present. Strict application of the Ordinance would produce undue hardship, the hardship must be unique and not shared by all properties alike in theimmediate vicinity of the, property. You .'say that this is the only house on the side of the road where all lots are at least 210 ft. deep. . What. do you mean by that? MR. BELFI: There are only seven lots on the bay side and six of those have been sold. I am sure that if anyone objected to this they would be present. The opposite side of the street is not involved because no portion of the property on my side of the street is available to them. There is a section set aside for 'the residents not on the water front. Only my neighbors to the east and west are afforded water front and neither of them have opposed my application. THE' CHAIRMAN: The variance would observe the spirit of the Ordinance and would not, change the character of the district. You say that since no structures are erected the type of house to be erected will enhance the neighborhood? MR. BELFI: There is no other parcel in the entire development .that has 100 ft. frontage. They are all less than that .as the map will show. MR. ROSENBERG: Mr. Belfi, you are familiar both with the practical use and legal definition of unique. Is there any difference between your lot and the other lots that makes yoursdifferent? MR. BELFI: I would say so. THE 'CHAIRMAN (producing the 'map o Terry. Waters) : As you can see on the map all. .of the- lots .in Terry-Waters are 100 ft. frontage or over. There are no undersized lots. MR. BELFI: I mean depth. THE CHAIRMAN: As I understand you poured a slab andthen erected a structure on it? MR. BELFI: Yes, . and we' did it within a day. THE CHAIRMAN: And you neglected to obtain a building. permit for- the structure? MR. BELFI: Mr. Terry came down and said I would have to have a building permit and I asked if I could fill it out then and He Southold Town Board of Appeals -4- July 13, 1961 said he would bring me an application. Several weeks later Mr. Terry gave me a notice to remedy violation and I came heretwo weeks ago and made my application for a variance. I would like to state that it would be a hardship for me to tear this structure down or to relocate it. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MISS AMELIA G. VASKELIS, .Rambler Road, Terry Watefs., Southold, New York: _ I would. I am located at 3 Rambler Road. My only objection is that Mr. Belfi is an attorney and to go ahead without a building permit is not right. Before I even bought my property I stopped in to see about all the rules and regulations. But to go ahead on a- Saturday and pour concrete and to continue after he was told not to by Mr. Terry, that is not right. We still have certain codes and the zoning says that he must have a side yard of so many feet and knoV/*-hat he would be short a certain amount he still went ahead and built the room and garage. That is my objection. THE CHAIRMAN: Is there anyone else present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Are there any questions members of the Board would like to ask? MR. ROSENBERG: Mr. Belfi, you know that this is an area variance you are seeking. MR. BELFI: No, it is not. I thought it was an offset variance. MR. . ROSENBERG: You are required to show practical difficulty for an area variance. What is the unnecessary hardship in your placing something in the wrong position? MR. BELFI: Financially it will be a hardship revising it. MR. ROSENBERG: Suppose you had come in b&fore you erected this and requested a variance, do you think you would have been granted it? Southold Town Board of Appeals -5- July 13, 1961 MR. BELFI: I feel with a parcel of 210 by 100 ft. a setback of 25 ft. is an arbitrary amount of 'setback. I have gone 2 ft. over both sides and it is hurting no one. MR. ROSENBERG: What. is the unnecessary hardship that you claim putting your house closer than 10 ft. and 15 ft. ? MR. BELFI: It was not a deliberate gesture on my part to get 2 ft. MR. ROSENBERG: Is this a hardship cf your own contrivance, would you say you created this hardship? MR. BELFI: Definitely. I did it myself. Of my own volition I did something that I should not have dcfte. THE 'CHAIRMAN: It would seem to me that thisiniTique hardship cannot be proven. The interpretation of the mean/of unique is something that is peculiar to your lot. There is nothing unique in the fact you misplaced the addition to your house. Financial hardship cannot be claimed. THE CHAIRMAN: Is there anyone else present who wishes to say anything? MR. BELFI: I do not see anyone here objecting to the structure. The only objectionis as far as the law is concerned. First, the Building Inspector cannot go on private property. Second, the Board is not -constitutionally, in Suffolk .County, able to do anything in this entire development because it does not give us police, fire or any protection, except taxes. Third, I think one of your members came on my property and he is a trespasser. I want all of those things on the record and I intend to take this further. Also, I want it shown that I think you are all arbitrary. . (Mr. Belfi asked the Board if any of them were or are lawyers and the members answered that .they are not. ) Findings of the Board: 'This applicant .received a Certificate of :Occupancy for a' completed .residence April 3, 1961. .About- June 3, 1961 the applicant, . without obtaining a buildingpermit, began construction of an addition approximately 32 ft. by 22 ft. The building inspector informed Mr. Belfi that .a violation existed and that - construction should cease,, as it appeared that the side yard was also in violation. Nevertheless construction continued. Southold Town Board of :Appeals -6- July, -13, , 1961 The applicant is 'an attorney with 30 years experience and now. seeks relief to escape the results of his own acts. ' It is the opinion of this Board that no unusual hardship, practical difficulty, or-.unique- situation has been shown by the applicant. . The members of the Board are familiar with this property by physical inspection. or personal knowledge; therefore On motion of-Mr. _ Rosenberg, . seco nded by Mr. Bergen, . it was RESOLVED that.Ernest.E. Belfi be denied .permission to reduce side yard for the 'reasons shown .in the findings of the Board. Vote -of the Board: Ayes:, Mr. Gillispie, . Mr. Bergen, Mr. Rosenberg, and -Mr. Grigonis. MR.. BERGEN: I will disqualify myself at this point because I am interested in the next hearing. .' PUBLIC HEARING: Appeal No. 397 - 8: 00 P.M. . (E.D.S.T. ) , upon application of-Robert- L. Bergen, Main _Road, Mattituck, New York, fora special exception in accordance with the Zoning Ordinance, . Article VIII., , Section 801-C, Subsection II (a) , for ,permission to adjust the boundary line into the more restricted area. Location of property: north side Route 25, . Mattituck, New.York, bounded north by Railroad, east by Tidewater 'Real.ty, south by Main .Road, and west by Herman Hubbard. Fee paid $15..00. The' Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: is there ,anyone present who wishes to speak for this application? MR. ROBERT BERGEN, Mattituck, New York; I do. THE CHAIRMAN: Did you lose some land from the- State when they went through there? MR. BERGEN: No. Right at the edge of my property is where they swung into Tidewater' Realty .Company. THE'CHAIRMAN: The "B" Business boundary line between the lot? "A and' ".B" District bisects your Southold Town Board of "Appeals -7- July 13, 1961 MR. BERGEN: I believe 20 ft. is in the "B" District. MR. ROSENBERG: According to the map 20 ft. is in the business district and you wish to extend the boundary line 50 additional feet, is that correct? MR. BERGEN: That is right. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response. ) THE 'CHAIRMAN: Is there anyone present who wishes to speak against this application? . (There was no response. ) MR. ROSENBERG; According to the provisions of the Ordinance, you must have permanent open space fora rear and side yard of 1.0 ft. plus one foot for each additional 10 ft. of extension of the boundary. Therefore, you must leave 14 ft. between the new ' "B" line and the "A" line. THE 'CHAIRMAN: Is there anything else? (There was no response. ) The Board finds that this lot was in single and separate ownership at the time of the effective date of the Ordinance and the total- area is identical at this time. This lot adjoins business property now used by the applicant and the new use will be an extension. of the existing use. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or . substantially .injured and the spirit of the Ordinance will be observed, therefore On motion of Mr. Rosenberg, seconded by Mr. Grigonis, it was Southold Town Board of'Appeals -8- July 13., 1961 - .RESOLVED .that the: "B" Business District -boundary line be -extended 50 feet westerly into the property of-Robert --L. Bergen, north side Main - (State) ; Road, . Mattituck, .New York. The applicant shall observe the Ordinance requirement .which specifies a permanent side: yard of 14 ft.. and a permanent rear yard .of 14 ft. must be maintained. Vote of the Board: Ayes:- Mr. Gillspie, Mr. Rosenberg, . and Mr. Grigonis. Mr. Joseph Ulrich appeared before the Board ofAppeals ,for an informal discussion. .. Mr. Ulrich stated that he wishes to place a directional sign on the property of Steve Doroski, south side Route 27A, west of :Bowery Lane, - Southold to direct the public to his marina . at -the foot of Bowery Lane, on -Main Roa d, . Southold. Mr. Ulrich filed an .application for :a .spe c ial exception.with. the Board. On motion -of'Mrr...Rosenberg, seconded by Mr. Bergen, the Board of :Appeals set' 7:30 P.M. (E_D.S.T. ) , Thursday, July 27, 1961, Town .Clerk'. Office, . Main Road, Southold, New York, astime and place for hearing upon application of. Joseph'-P. Ulrich, . Main .Road, . Southold, New York, fora special exception in accordance with the Zoning Ordinance; . Art.icle III, . Section 300, . Subsection 11, for permission - to erect' `and. maintain directional .sign on the property of:Steve Doroski, .;Route 2'7A, .west of Bowery -Lane, Southold, New York. Vote of the Board:.. Ayes:-, Mr. Gillispie, .Mr. Bergen, . Mr. Rosenberg, . and Mr. Grigonis. on motion of Mr. 'Bergen, . seconded' by Mr. Grigonis, the Board of 'Appeals set 8: 00 P.M. (E.D.S.T. ) , Thursday, July 27, 1961, Town C lerk: Office, . Main Road, . Southold, , New York, as time and 'place for hearing upon application of:Constantine King, 69 Further:Lane, Riverhead, New York, for. a special ,exception' in accordance with .the Zoning Ordinance, Article IV, Section 400, . Subdivision, 7, for permiss.ion .to operate a place of amusement. Location of property: east side Moore' s Lane, Greenport, New York, bounded north by Village of Greenport .property, east by Herzog Estate and Sledjeski, . south by H. L. Kalin and'.L. . C. ..Kalin and Albert -Herzog, Jr. , and west by`Mooreb 'Lane. Southold Town. Board of Appeals -9- July 13, 1961 Vote 'of the Board:'' - Ayes':- Mr.. Gillispie, Mr. Bergen, . Mr. Rosenberg',-and Mr. Grigonis. It was ' further 'RESOLVED that . legal - notice of 'hearing 'be pub- lished in the official newspaper on July 21, 1961. Vote of the Board: Ayes:- Mr.. Gillispie, , Mr. Bergen, ;Mr. Rosenberg, aid Mr. Grigonis. The minutes of the meeting of.'July 6, 1961, on motion of-Mr. Rosenberg,- seconded by Mr.. Bergen,, were approved as submitted. Vote of the Board: Ayes:" -Mr. Gillispie, ..Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis: The next meeting of the' Southold Town' B oard of:Appeals will be held 7:30 P.M. , Thursday, July 20, 1961 at the Town O lerk Office, - Main- Road,'. 'Southold; New" York. The following resolution was offered by Mr. Rosenberg, and seconded by. Mr. Bergen: Inasmuch as Article VIII, . Section 802 requires that the' Board of Appeals shall make rules as to the manner of filing appeals ' or applications for special exceptions or variances and the Town . Law 267-1 requires that- rules and regulations be established by the Board of.:Appeals, now therefore be it -RESOLVED that effective immediately all communications, appli- cations or: appeals directed to the Board of:Appeals will be handled by its office in accordance with the rules of the Board. of Appeals: This will include provisional fees, receipts, bills, vouchers, etc. Vote of the Board: Ayes:-- Mr. Gillispie, - Mr. Bergen, . Mr. Rosenberg, . and Mr. Grigonis. The following resolution was offered by Mr. Bergen, , and seconded by. Mr. Grigonis: Effective Immediately .-- Directional sign procedure contained in the minutes of :April 21, 1961 is amended to read "'Maximum size 4 feet high by six feet wide, superficial area not to exceed 24' square `feet outside dimensions. " Southold Town Board of Appeals -10- July 13, 1961 This sign is subject to the same conditions that affect mn conforming signs. .. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, , Mr. Rosenberg, and Mr. Grigonis: . Meeting adjourned at . 10:15 P.M. Respectfully submitted, � � Judith T. Boken • Secretary Cha++ an goatd ®� P►pp®a�l�