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HomeMy WebLinkAboutZBA-10/24/1963 .i z S0UTH0LD, L. i., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen -Herbert—Reserrberg Charles Gregonis, Jr. Serge Doyen, Jr. M I N U T' E' S SOUTHOLD TOWN BOARD OF APPEALS October. 24,, 1963 A regular meeting of the Southold Town Board of Appeals was held 7: 30 P.M. , Thursday, October 24, 1963 at the Town Office, Main Road, Southold, New York. There were 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. 613 - 7: 30 P.M. (E.D.S.T. ) , upon application of Johanna and Angelo Orio, 31-74 29th Street, Astoria, New- York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X, . Section 1000A, for permission to divide a parcel into two 75 ft. front lots with insufficient area in each lot. Location of property: west side Marlene Drive.. Laurel, New York, bounded north by Georgiana Moshier, east -by Marlene Lane, south by Viola M. Alster,, and west by Mattituck. Park Propekties.Subdivision. Fee paid $5. 00. Southold Town Board of, Appeals -27 October 24, 1.963 ' 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? (There was no response. ) THE CHAIRMAN-. Mr. and Mrs. Orio appeared at our last meeting and discussed their application with us therefore we did not require that they be present at this meeting. As I recall it from my observation, both sides of the street are made up of 75 ft. lots and there is no way to enlarge the lots the Orios own. The house is well setback from the street. 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 applicants have a parcel 150 ft. on Marlene Lane by 145 ft. in depth. They originally purchased the property in two parcels in 1962 thinking they had two individual lots. The southerly 75 ft. has a dwelling and detached garage located thereon. This area was laid out in 75 ft. lots originally but was not a filed map. Most of the parcels are still held and built upon as 75 ft. lots. 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. Hulse, it was Southold Town Board of Appeals -3- October 24, 1963 RESOLVED that Johanna and Angelo Orio be granted permission to divide their 150 ft. lot located on the west side Marlene Drive, Laure�, New York, into two 75 ft. lots. The area in each lot is 10,875 sq. ft. It is a condition of the granting of this variance that the Board will be unwilling to grant side yard variances on either of these lots since they are undersized. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appdal No. 614 - 7:40 P.M. (E.D.S. T. ) , upon application of George W. Smith & Sons, Main Street, Southold, New York, a/c Joseph P. Hoey, 2121 Albermele Terrace, Brooklyn, New York, for recognition of access in accordance with New York State Town Law, Section 280A. Location of property: south side private right-of-way, on the east side of Town Harbor Lane, Southold, New York, bounded north by private road and Daly, east by A. J. Daly, south by Peconic Bay, and west by T. F. Daly, Jr. Fee paid $5. 00. The chairman opened the hearing by reading application for recognition of access, 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? (There was. no response. ) THE CHAIRMAN: Mr. Smith appeared at the last meeting of the Board and discussed this proposal with us. At that' time we told him it would not be necessary to appear at this meeting. The roadway is plenty wide enough and more than sufficient for fire trucks and ambulances. It is 30 feet in w i dth. Southold Town Board of Appeals -4- October 24, 1963 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 fronting on a 30 ft. right-of-way which has been used for over 40 years by the Daly family. There are other buildings on this right-of-way but there have been no new buildings built since the enactment of Zoning. This right-of-way is found to be very satisfactory and more than adequate. 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 George W. Smith & Sons, Southold, New York a/c Joseph .P. Hoey be granted recognition of access to a lot located on the south side of a private right-of-way on the east side of Town Harbor' Lane, Southold, New York. vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 612 - 7: 50 P.M. (E.D. S. T. ) , upon application of A.. Reilly & Sons, Inc. , Shore Acres, Mattituck, New York, a/c Kevin McGrath, 1690 Metropolitan Avenue, Bronx 62, New York, for recognition of access in accordance with State of New York Town Law Section 280A. Location of property: north side private right-of-way on the east side Town Harbor Lane, Southold, New York, bounded north by T. F. Daly, east by T. F. Daly, south by private right-of-way, aid west by T. F. Daly. Fee paid $5. 00. Southold Town Board of Appeals -5- October 24, 1963 Tle Chairman opened the hearing by reading application for recognition of access, 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?.') (A.. Reilly & Son appeared for the applicant. ) �i THE CHAIRMAN: There is sufficient size to the lot in question and the right-of-way is more than wide enough. It is 30 feet wide and the same one leading to the Hoey lot which we considered previously. Is there anyone present who wishes to speak against this application? (Therewas no response. ) After investigation and inspection the Board finds that the applicant has a lot fronting on a 30 ft. right-of-way which has been used for over 40 years by the Daly family, former owners of the applicant's lot. There are other buildings on this right-of-way but there have been no new buildings built since the enactment of zoning. This right-of-way is found to be very satisfactory and more than adequate. 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 distr ict, 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 A. Reilly & Sons, Inc. , Mattituck, New York, a/c Kevin McGrath be granted recognition of access to a lot located on the north side of a private right-of-way on the east side of Town Harbor Lane, Southold, New York. Southold Town Board of Appeals -6- October 24,, 1963 vote of the B oard: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 609 - 8: 00 P.M. (E.D.S.T. ) , upon application of Anthony J. Wisowaty, Main Road, Greenport, New York, for a special exception in accordance with the Zoning Ordnance, Article III, Section 306, for permission to reduce the fzo nt yard setback on a corner lot. Location of property: northwest corner of Champlin Place and Bailey Avenue, Greenport, New York, bounded north by-Arnold Gladding, east by Bailey Avenue, south by-Champlin Place and west by Rose Foster. Fee paid $5. 00. The Chairman opened the hearing by reading application for a special exception, 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? (There was no response. ) THE CHAIRMAN: We have pictures in the file showing the setback. The houses to the west Igo back about 19 ft.. average but on the other corner to the west the store is on the line. Another factor is that Bailey Avenue is not a cross street. It jogs and the streets do not meet. In any case, from the corner of the proposed addition to the curb intersection there is approximately 49 feet. That gives a clear view. (The members of the Board further discussed the area and layout of the proposed addition relative to setbacks. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) Southold Town Board of Appeals =7= October 24, 1963 After investigation and inspection the Board finds that the applicant wishes to construct a 25 ft. by 25 ft. addition on his dwelling. This is a corner lot 75 ft. by 80 ft. and the addition would leave a 7 ft. 10 in. front yard on Champlin .Place. The setback along Champlin Place on this block is varied. On the opposite corner is a non-conforming store which is situated on the property line, and other houses along the street bring the average setback to approximately 15 feet. The vision would be unobstructed from the intersection of Bailey Avenue and Champlin Place since there is a .radius of 49 feet from the proposed addition to the curb line. This is in excess of the corner view maintained by the two residences onthe corners opposite the applicant. be There would/a considerable hardship if the addition were not permitted to be erected at this location as the lot is small and there is notsufficient area to add to the house in any other way. The ward 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. On motion of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Anthony J.. wisowaty be granted permission to reduce the front yard setback on a corner lot to 7 ft. 10 in. on the southwesterly corner of his lot located on the northwest corner of; Champlin Place and Bailey Avenue, Greenport, New York. Vote of the Board: Ayes-.- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. A letter was to be forwarded to Mr. wisowaty cautioning him to be careful in the layout of this proposed addition so that the 7 ft. 10 in. setback will be maintained. Southold Town Board of Appeals -8- October 24, 1963 PUBLIC HEARING: Appeal No. 607 - 8: 15 P.M. '(E.D.S.T. ) , upon application of David Newton, Deep Hole Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X.?,- Section 1000A, for permission to divide property into two lots leaving one lot with reduced frontage. Location of property: east side Deep Hole Drive, Mattituck, New York, bounded north by James Reidy, east by Deep Hole Creep., south by-Lewis Harrod, 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? (There was no response. ) THE CHAIRMAN-. We went down and investigated this property and about half of it is swamp. This division would cettainly be an improvement as Mr. Newton is taking a former drive and dividing it in half and adding one half to Lot 59 to the north and one half to Lot 58 to the south. (Mr. William Wickham represents the applicant but was unable to attending this meeting due to prior commitments. ) 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 purchased two separate lots in 1948 and 1949 separated by a driveway with a frontage of 25 feet on Deep Hole Drive. Thereafter he acquired title of this driveway but never used it as such. He now wishes to sell one of his lots, Lot 59, and one-half of the driveway and retain Lot 58 and the other one-half of the driveway. Southold Town Board of Appeals -9- October 24, 1963 If the applicant had not acquired the former roadway he would be able to sell each lot individually without applying for a variance. However, in dividing the driveway and adding one-half of it to each adjoining lot he is enlarging the lots and making them more desirable in size. He will be increasing the frontage of Lot 58 from 46 feet to 61 feet and the frontage of Lot 59 from 50 feet to 61 feet. The depth of these lots is more than sufficient. The Board finds that the 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. Hulse, it was RESOLVED that David Newton, Deep Hole Drive, Mattituck, New York, be granted permission to divide his property located on the east side Deep Hole Drive, Mattituck, New York into two lots with insufficient frontage but more than sufficient area and depth. The frontage of each lot will be 61 feet. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 611 - 8: 30 P.M. (E.D.S.T. ) , upon application of Thomas Mongello, Wells Road and Albo Drive, Laurel, New York, for a special exception in accord- ance with the Zoning Ordinance, Article III, Section 306, for permission to reduce the front yard setback on a cornerlot. Location of property: northeast corner of: Wells Road and Albo Drive, Laurel, New York, bounded north by Ida Mongello, east by K. Tuthill, south by Albo Drive, and west by Wells Road. . Fee paid $5. 00. Southold Town Board of Appeals -10- 0 ctober 24, 1963 The Chairman opened the hearing by reading application for a special exception, 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? WILLIAM J. CLARK, ESQ. : I request that you grant the motion. You will note on Wells Road thehouse is set back 372 feet so the average overall would be 35 feet. Inasmuch as there are no other houses on Albo Drive on the same side as the existing house or on Wells Road it should not change the character of the neighborhood at all. THE CHAIRMAN: Do I understand that Mr. Mongello owns the rest of the block on Wells Road? MR. CLARK: He has contracted to purchase it. He does not own it as yet. The adjoining two lots on Wells are owned by the members of his family and they have contracted to purchase the remaining six lots on Wells Road. (Mr. Mongello explained that stakes were put in 37 feet all around the lot and then the excavator came to dig the cellar and the covered the stakes over. When the foundation was put in the stakes were then in the wrong place. ) THE CHAIRMAN: What we are trying to do is prevent these foundations from being put in the wrong place. How- ever we know it is not the fault of the owner but the fault of the excavator and mason for not remeasuring. Now we must correct this mistake and we believe that the setback on your adjoining lots will have to be far enough so that the average along the street will come to 35 feet. You are now 33 ft. 9 in. MR. MONGELLO: I am buying the adjoining lots just for my own use, either for a garden right now or maybe build a house for my children in the future. Southold Town Board of' Appeals -11- October, 24,. 1963 After investigation and inspection the Board finds that the appl.icant!s house was placed 33. 9 feet from the front property line on- Albo- Drive rather than 35 feet .as required. It. is felt this error was made inadvertently, that the sub- contractor unquestionably dislodged the markers and failed to replace them in the proper location. The Board agrees with the applicant that it would be an undue and unnecessary hardship to require that- the house which has already been constructed be moved back 2 ft. 3 in. to make it conform to the Ordinance. Further, the Board feels that since the applicant is purchasing adjoining lots on Albo Drive he should be prepared to set-any future houses back sufficiently to compensate for the error and correct the average setback to 35 feet. 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 cf the Ordinance will be observed. On motion of Mr. Gillispie,, seconded by Mr. Bergen, it was RESOLVED that Thomas Mongello be granted permission to reduce the front yard .setback on his lot located on the northeast side of Wells Road and Albo Drive to 33. 9 feet on Albo Drive. The setback on Wells Road is satisfactory at 37.3 feet. Map by Otto W. Van Tuyl & -Son dated September 24, 1963. It is a condition of the 'granting- of this special exception that. if and when the applicant acquires adjoining property on Albo Drive and builds thereon, that the setback shall be such that the average on the block will be 35 feet. minimum. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,. and Mr. Hulse. Southold Town Board of Appeals -12- October 24, 1963 PUBLIC HEARING: Appeal No. 610 - 9: 00 P.M. (E.D. S.T. ) , upon application of Mr. and Mrs. Albert H. Gordon, Oceanic Avenue, Fishers Island, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to erect a private detached garage in the front yard area. Location of property: junction of Halcyon and Oceanic Avenues, Fishers Island, New York, bounded north by Midlothian Avenue, east by David Wilmerding, south by Halcyon .Avenue and Oceanic Avenue, and west by Halcyon Avenue. Fee paid $5. 00. The Chairman opened the hearing by reading application for a variance, legal notice of heating, affidavit attesting to its publication in the official newspaper and notice to the appl i ca tit. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response. ) THE CHAIRMAN: This property is on Fishers Island. It is a very odd shaped lot, having frontage on three streets. It was difficult to determine just where the rear yard was. (The Board discussed the proposed location of the detached garage. The applicant proposes to locate it 1 ft. from the property line on Halcyon Avenue but the Board feels the applicant should abide by the 3 ft. set- back as required in the Ordinance for a detached garage in the rear yard area. Halcyon Avenue is non-existent beyond the point where the garage is to he located and it is only used by two other property owners up to that point. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) Southold Town Board of Appeals -13- October 24, 1963 ,Afterinvestigation and inspection the Board finds the applicant's property is bounded on three sides by roads, Oceanic Avenue, Midlothian Avenue and Halcyon Avenue. The area designated as the rear yard is not feasible as there is a grade and the garage would have to be on top of the grade. Further, the garage would have to be located on the existing cesspool which is very impractical. At the point where the applicant proposes to locate the garage there already exists two small accessory buildings. Halcyon Avenue, the road on which the proposed garage is to be located, is a private road and it serves only two other property owners. It is not sufficiently completed and dead-ends just beyond where the garage is to be built. Midlothian Avenue is non-existent. It is overgrown with trees and brush and would require a surveyor to locate it. Where the applicant proposes to locate this garage it would be almost completely screened from view by the wooded area surrounding it. The Board finds that strtt 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 Mr. and Mrs. Albert Gordon, Oceanic Avenue, Fishers Island, New York, be granted permission to erect a private detached garage in the front yard area facing on Halcyon Avenue. This garage may be located no closer to the front property line on Halcyon Avenue than 3 feet and no closer to Oceanic Avenue than the present main residence. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. Southold Town Board of Appeals -14- Octpber 24, 1963 PUBLIC HEARING: Appeal No. 608 - 9: 15 P.M. (E.D.S.T. ) , upon application of Paradise Point Association, Inc. , fora special exception in accordance with the Zoning Ordinance, Article III, Secticn 300,. Subsections 8 and 10, for permission to erect an identification sign at the entrance to Paradise Point on private road, north side of North Bayview Road, Southold, New York. Sign is to be located on Lot 28 in the subdivision of Paradise Point, property of Paradise Point Association, Inc. Fee paid $5. 00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting to its publication in the officalsnewspaper and notice to the applicant. THE CHAIRMAN: Is there anyone 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. ) (The Board discussed the purpose and proposed location of the sign in question. ) After investigation and inspection the Board finds that an unusual hardship would exist if tl-e Paradise Point Association were prevented from having the sign under application. This hardship would apply to the members of the Paradise Point Association as well as delivery and service people who might be seeking a resident of the Paradise Point Association,, as well as neighbors in the area who are frequently questioned about the location of properties in Paradise Point. The appearance of the sign is such that it meets the unqualified approval of the Board of Appeals and for the purposes of determing the dimensions of the sign the Board decided to eliminate the name plates which are suspended from the sign itself. The main body of the sign is less than 24 sq. ft. There is no way of telling how many additional name plates will be added. Southold Town Board of Appeals -15- October 24, 1963 The Board finds that the public convenience and welfare and justice will be served and the legally establs.hbd 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. On motion of Mr. Gillispie, seconded by Mr. Bergen, it - was RESOLVED that Paradise Point Association, Inc. be granted permission to erect an identification sign at the entrance of' Paradise Point on private road, north side of North .Bayview Road, Southold, New York. This is a sign 4 ft. by 6 ft. excluding name plates and may be located no closer than 5 ft. from any property line, upper edge no higher than15 ft. 6 in. , lower edge at least 3 ft. above the ground level. This sign is subject to the same regulations and controls which affect non-conforming signs. In the event the roads in this development are dedicated to the Town of Southold the permission for this sign shall expire without prejudice toward another application. 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 Southold Town Board of Appeals of. October 10, 1963 be approved .as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M. ,, Thursday, November 7,, 1963 at the .Town Office, Main Road,, Southold ,, New York. Southold Town Board of Appeals -16- October: 24, 1963 On moticn of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7. 30 P.M. (E.S.T. ) Thursday, Nva ember' 7, 1963, Town- Office,.. Main; Road,;_ Southold, New York as time and place for hearing upon application of Edward.Latham,.. Main. Road,; Orient, New York,. for: a variance in accordance with the Zoning ordinance, Article III, . Section 303and Article X, . Section 1000A, for permission to. divide and sell a parcel of land having a 95 ft. frontage. Location of property: east side Youngs Road, Orient, New York, bounded north by Raymond E. Golder, east by other land of: Edward Latham, south by Elisha Haberman, and west by Youngs Road. Vote of the Board:- Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of.Mr. Bergen,. seconded by Mr. Hulse,:. it was RESOLVED that the Board of:Appeals set 7:45 p.m. (E.S.T. ) , Thursday,, November 7, 1963t Town' Office, Main Road,. Southold, New York as time and place for hearing upon application of :Edwin H. King,, private road,. Orient, New York, for a variance in accordance with the Zoning Ordinance,. Artiple X,._ Section 1007, . Subsection (cl) ,, for permission to re-establish a non- use conforming gas station/which has been discontinued for over two years. Location of property: south side Route 25, Orient, New York, bounded north by' Route 25, east by,- State. Park property, . south by other land of7Edwin H. King, and west by- Sergio Casavecchia. Vote of the Board_ - Ayes:- Mr. Gillispie, Mr. : Bergen and Mr. Hulse. It was further' RESOLVED that legal notice of the hearings be published in the official newspaper on November 1, 1963. Vote of the Board: Ayes: - Mr. Gillispie, . Mr. Bergen,. and Mr. Hulse. Meeting adjourned.at 10:45 ' P.M. ROVED Respectfully-submitted,, Chas n d p Judith T. Boken, Secretary