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HomeMy WebLinkAboutZBA-08/20/1964 i �o y C=3 SOUTHOLD, L. I., N. Y.4 Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen F%rbert-Roserrbe rg Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse:, Jr. M 'I N U T`E_`S SOUTHOLD TOWN BOARD OF APPEALS August 20,, 1964 A regular meeting of the Southold Town Board of Appeals was held 7:30 P..M..,, Thursday:,, August 20,, 1964z, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert -W. Gillispie,. Jr. , Chairman, Robert Bergen, Fred Hulse,, Jr. Absent: Charles Grigonisj, Jr. , Serge Doyen," -Jr. PUBLIC HEARING: Appeal No. 704 - 7:3 0' P.M. (E.D. S.T. ) ,, upon application of Goldsmith Building and Construction.., Main Street," ' Southold, New York, a/c Jerome Conway,, Jr. , Chestnut Road, Southold, New York•, fora variance in accordance with the Zoning -Ordinances Article III,, Section 304.z for permission to erect a building with insufficient setback. Location of property: south side Chestnut Road, Southold, New York= bounded north by Chestnut Road, east by H.M. Conway? south by H.M. Conway;, west by H. Conway-F. Moffet. Fee paid $5. 00. f Southold Town Board of Apf . ''Ls -2- August 20, ,__-_'64 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 in favor of this application? ALFRED GOLDSMITH: This was a mistake. We did not intend to violate anything, there was a reverse in the plans. (The Board and Mr. Goldsmith discussed the circumstances surrounding this application. Mr. Goldsmith explained how the mistake was made in the setback requirements for this house. The Board felt that this was a legitimate mistake. It is evident that there is sufficient area on this property to meet the setback requirements. ) THE CHAIRMAN: Is there�_.anyone else who wishes to speak for this application? (There was no response. ) ffffiE CHAIRMAN: Is there anyone present who wishes to speak against- this application? (There was no response. ) THE CHAIRMAN: Are there any questions concerning this application: (There was no responsFt ) After investigation and inspection the Board finds that Alfred Goldsmith,, a/c for ,Jerome Conway, Jr. , constructed a . house violating the setback requirements of the ordinance. The Board finds that the plans for 'the house were changed and the revised layout of the house violated the setback requirements by 16 inches. This mistake was not found until the house was almost completed. To move the house back further would create a great-hardship and much. expense to the owner. The Board finds that this was a legitimate mistake. The Board also finds that -the applicant :.did not intend to violate the Ordinance. j Southold Town Board of:Apl-; 1s -3- August 20... - 64 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 observed, the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Goldsmith Building and Construction, Main Street, Southold, New York, a/c Jerome Conway, Jr. , Chestnut Road, Southold, New York,. be granted permission to erect a building with insufficient setback, on property located south side Chestnut Road, Southold, New York. Vote of the Board: Ayes:Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 705 • - 7:45 '.P.M. (E.D.S.T. ) , upon application of 'Rosalie W. Lahmann, Railroad & McKay Avenues, Huntington Station, New York, for a variance in accordance with the- Zoning Ordinance, Article III, Section 300,, Subsection 7, for ' permission to locate a garage in front yard area. Location of property: south west side Knollwood Lane, Mattituck,. New. York, bounded north by H.. Whalen-Knollwood Lane, east and south by J. Delehanty, west-by creek. 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—l" THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MR. LAFHMANN: We feel it is necessary to locate the garage here. It is the best location we can get. THE 'CHAIRMAN: Is there anyone else who wishes to speak in favor of this application? (There was no response. ) THE CHAIRMAN: Are there any questions concerning this application, or -any objection? (There was no response. ) I Southold Town Board of Ap��als -4- August 20, LJ64 After investigation and inspection the Board finds that 'Mr. & Mrs. W. Lahmann wish to.-erect a private garage in the front- yard area. ' The main building has not yet been constructed. 'The Board finds that -the land slopes. downward toward the creek, making it necessary to erect the garage closer to the right-64 way. The Board also points out that this private garage is 100 feet from any public highway, and is also 52 feet from the 100 foot right-of-way. The Board finds that the location of the garage,.as shown on the building permit application,. is the best possible location for it to be constructed. 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 by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that Rosalie,W. Lahmann, Railroad & McKay Avenues, Huntington Station,: -New York, be granted permission to locate a garage in the front yard area, on property located south west side Knollwood Lane, Mattituck,• New York. Vote -of the .Board: -Ayes:Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING', Appeal No. 706 - 8: 00 P.M. (E.D.S.T. ) , upon application of Cora Glover, Main Road,- Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article'X-,i Section 1000A,. for permission to divide and set- off lot with insufficient frontage and area. Location of property: south side North Sea Drive, . Southolds. New York, bounded north by North Sea Drive, east by other land of Cora Glover, south by other land of 'Cora Glover.. west ,by Jose DePaz. Fee paid $5. 00. The Chairman read the letter'by Miss Cora Glover' to Howard Terry, Building Inspector, and he also read the letter written to Miss Cora Glover from Howard Terry, in regard to this variance. Southold Town Board of Aj__��ils -5- August 2C-__ - 964 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 appl.i- cant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? CORA GLOVER: I do. I am Miss `Glover. THE CHAIRMAN: Tell us why this seems so desirable,. other than what you have already stated here. Is access so important? CORA GLOVER: .`I Have a beach lot. THE CHAIRMAN: You have a beach lot, and is this lot important to make these two lots meet. CORA GLOVER: I hope to build'a house on Soundview Avenue. I need this to get to my other piece of property so 1-won't have to drive all the way around to get to my property on North' Sea Drive. THE CHAIRMAN: Would you expect to be going between these two pdAces of. property very often? CORA GLOVER: Yes. THE CHAIRMAN: This group that owns land, are they relatives? CORA GLOVER: Yes THE CHAIRMAN: I think a far simplier' solution would be to get permission to walld across. CORA GLOVER: I don't think my parents will be owning this land too much longer. MR. BERGEN: Here you are leaving a small lot. that no one can build on. THE CHAIRMAN: One of the specific purposes of the Ordinance is that we don't cut up land and leave small lots like this, it is undesirable to create an odd shaped piece of property like this because we have to look into the future. We would be creating a problem for someone else. Somebody would buy this small lot than would not be able to build on it. It would be better for you go to your parents and get .an easement .across the land. Southold Town Board of:ApL �1s -6- August 20,,,-__'64 (There was a general discussion on various ways of spliting - the lots so that- a small undersized lot would not be left. Mr. and Mrs. Stollmeyer were present at the hearing to express their cc > c concern over leaving a small lot. There was also another. property owner in the area, present to express her concern over having small lots .with a lot of little houses. There was another house on the property which Miss Glover pointed out on the map. The Board viewed the tax map and discussed the level of the land. Miss Glover pointed out her beach lot. Again the Chairman explained it is not a hardship to have to walk-2 or 3 blocks to get to the beach. This couldn't be granted to her and not everybody else. Miss Glover wanted to know if she could just buy 10 feet. The Chairman explained that a right-of-way had to be at-Lleast 15 feet. : The Chairman again advised that her best solution would be to get and easement across the land, because this application could not possibly' be granted. ) THE CHAIRMAN: Is everything clear now? CORA GLOVER: Yes. THE CHAIRMAN: Is there anything else in connection with this application? (There was no response. ) After investigation and inspection the Board finds that :Cora Glover wishes to divide and set off: a lot with insufficient area. She requested this small piece of land in order to have access to the beach. She owns land on North Sea Drive and on Soundview Avenue. In. order to get-. to the beach she would have to drive along Soundview Avenue and around to North Sea Drive. If the application was granted she would have direct access to the beach. The Board finds that it is not an unique and un- necessary hardship to have to walk to the beach. This is a self-- imposed hardship. The Board also points out that-by dividing this property they would be leaving an undersized lot that would be of no use to anyone in the future because a house could not -be built ...on it. The Board finds that strict application of the Ordinance .will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this tpropertyand in the same use district; and the variance does serve - the spirit- of the Ordinance and will change the character of the district. Southold Town Board of:A;:�< als -7- August. 2L,- 964 On motion by Mr. Gillispie, seconded by Mr. Bergen, it-was RESOLVED tba t --Cora Glover,. Main Road,.. Southold, New York,. be denied permission to divide and set off lot with insufficient frontage and area on property located south side North Sea Drivel, Southold, New York. vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen,. Mr. Hulse. PUBLIC HEARING: Appeal No. 707 - 8:3 0 P.M. (E.D.S.T. )s. upon application of the North Fork -Baptist-Church, Route 27A,Mattitucks. New York,. for recognition of access in accordance with the' State of New York Town Laws, Section 280A. Location of property: north west side Middle Road (CR 27A) , and south east- of private right- of-way,. bounded east by W.A. Kaiser,. north by private right-of- way, south by Middle Road (CR 27A) , west by,J. J. Haas,. Mattituck, New York. Fee paid $5. 00. The Chairman opened the hearing by reading application for recognition of access, legal notice of hearing, affidavit- attesting to its publication in the official newspaper,. and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? (Walter Kapp, Esq., represented the North Fork Baptist Church. He pointed out- on the map and explained were 'the parsonage would go and the location of the church. He explained where the right-of-way was that they would use to leave the . parsonage. Howard Terry stated that-he ;had sent the maps -to the County for their approval for this access to come out on the County Highway. . He stated that he. had not gotten. any answer of yet. Mr. Terry also stated that perhaps the County would not want the traffic to egress onto the Main Highway. ; There was some discussion about -whether' or" not--the County had the right of 'pxohibiting the traffic from the church to egress onto the County Road. ) THE CHAIRMAN: Is there anyone-. present :who wishes to speak against this application? (There was no response. ) Southold Town Board of 2'; ---yals -$- August 26,- 1964 After investigation and inspection the Board finds that the North Fork Baptist -.Church zequest approval of access on a private- right-of-way. The Board finds that this right-of- way will be used both by the Church and the parsonage. The Board finds that if this -right-of-way is not usedg then some of the property that was intended for ' the church will have to be used as a means of access. This right-of-way is also beang used by other property owners in the immediate vicinity. 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 by Mr. Gillisp iej seconded by Mr.- -Bergen,, it was RESOLVED that the North Fork Baptist-Church, Route 27Ao. Mattituck, New Yo4, be granted recognition of access on property located north west side Middle Road (CR 27A) ,, and south east - of private right-of-way,, Mattituck, New York, with the suggesting that arrangements be made to have traffic ingress from the County highways- and have the traffic egress onto the private-right-of way. Vote of the BoardiAyes:-Mr. Gillispie, Mr. Bergen,, Mr. Hulse. On motion by Mr. Gillispie, seconded by ,Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated .August 6 ,.1964,, be approved as submitted. Vote of the Board: Ayes:--Mr. Gillispie,, Mr. Bergen, Mr. Hulse._ _ i Southold Town Board of: Ape _ -��ls -9- August 20k _ _ 64 There ,were no new applications to be set-up fora hearing. The Board agreed to set Monday, August 31� 1964, as a date for scheduling any new applications. The Board also agreed to set September 10,. 1964., as a date for hearing the applications that will be set-up August 31, 1964. Meeting adjourned 9:3 0 P.M. Respectfully submitted,. J Barbara L. Carroza.. Secretary 64- �ha►rman Bzard of APPea«�