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HomeMy WebLinkAboutZBA-06/27/1957 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE S O UTH O LD, N. Y. MINUTES Southold Town Building Zone Ordinance Board of ,appeals June 27, 1957 _ A regular meeting of the Zoning Board of Appeals was held at the Town Clerk's office in Southold, N. Y., on Thursday, June 27, 1957, at 7:30 P.M. There were present: Mr. R. W. ' Gillispie, Jr., Chairman Mr. C.. Gregonis Mr. H.. Rosenberg Mr. R. Bergen Also: Mr. H. M. Terry, Building Inspector Absent: Mr. S. Doyen, Jr. PUBLIC NEARING —_Appeal No 5 .-- Upon application of Venteau Construction Cprp., Peconic Bay Blvd.., Mattituck, N. Y., for a variance to the Zoning Ordinance, Article III, Section 303. Property located on Holden Avenue, Cutchogue, N. Y. The Chairman called the hearing to order and introduced the members of the board present. He then read petition for variance, Legal Notices and affidavits from two official town newspapers and letter to petitioners advising them of date of public hearing. Chairman: "Is there anyone present who wishes to speak "for" this petition?" Mr. Polito: "Yes. My name is Peter Polito and I am President of the Venteau Construction Corp., Mr. John Venteau is Vice:President of the corporation and he is also here tonight. I want to say that we purchased these three lots of 501 each and intended to build three homes costing'from $8,500 to $9,000, but because of the new ordinance we are -willing to build two homes instead of three on these lots, making each lot 75t in width. We are unable to buy other property from other adjoining owners. I do not think it woulddefeat the purpose of the ordinance and, since we are willing to widen the lots, perhaps we ought to have some consideration. " Chairman: "What is your information on the character of the neighboring lots? Is the neighborhood to be changed by construction of two houses on 75 foot lots?",. . Mr. Polito: "No sir. 75 feet is a good size lot on which to build." Chairman: "Do we have a map .of the property?".. A map was handed to the Board by Mr. Wysong, which the entire board studied. Chairman: "Mr. Polito is there anything else you wish 'to say?° Mr. Polito: "No, nothing except that we purchased these lots in 1954 with the idea of putting in three houses.fl 2 — Zoning Board of Appeals June 27, 1956 MINUTES, Continued Chairman: "Is there anyone who wishes to speak " ainst° this appeal?" Mrs. Mergerlin: "We have allowed 351 from our building to our.property line, on one side of house and �51 on other side. People adjoining this property set a precedent by buying 100 feet. ' He bought, 150 feet with the intention of building three houses. We have already set a precedent by building on 100 feet.. Our property is 1001 frontage by 14.5 to 150 feet in depth. Everyone since then have bought 100 feet." Chairman: "Were there any restrictions as to size of lot?11 Mrs. Mergerlin: "No.11 Chairman: I'Who'developed the propertyllf. Mrs. Mergerlin: "Individuals.11. Charles Wysong, Pequash Avenue, Peconic: , "bur house is built on a 1001 lot. The lots were 50t and then the map was changed from 501 to 100$ lots all over the area in 1956. I am opposed to making exceptions to this for various reasons. There axe quite a few lots more than 100t and some people have in mind asking for a variance in other sections. I know of someone with 1501 of ground who wants to build 5 or 6 houses. We have a situation -now with two houses built on 501 lots but they were built before the ordinance went into effect. If you make an exception to this situation you wonit be able to say no to someone else who comes in with the some story. We voted from here to get this ordinance and we think it is a wonderful thing and if you make one exception the ordinance will not amount to anything. I dontt think the gentlemen will have any trouble in getting rid of their property if they dontt want to build on 1501. I an very much concerned about this. What is to stop others from saying you granted so and so an exception, why not me?11 Chairman: 'Thank you very much. I am sure you realizedthat there are situations where the Board attempts to get a developer to adhere to the regulations and in return makes concession which will meet an unusual hardship. We have had a number of people who have enlarged lots at our request. Mr. Terry, our Town Counsel, has been working on the problem .of filed maps and there seems to be no precedent for what legal inter— pretation can be placed on the matter of filed maps. Tiled maps, we understand, go back as far as 100 years. In many cases we have made concessions in return for con— cessions from the developer. You are aware that the ordinance can,be rescinded. We have to give as well as get. Arthur Klein: HI own lot on west side of Holden Ave. just opposite the present piece of property mentioned. However, about 3 or 4 years ago I surveyed the community and got the opinion from the people that they were very happy with the town of Cutchogue and were not in favor of any such thing as Levittown. The people were very much in favor of zoning. I spoke to people from Riverhead and I know that they are very sorry they turned down zoning when they had an opportunity to vote on i.t.11 Mrs. Mergerlin: "How much side yard would he allow? Since side yard is determined by the ordinance could he put house 10t on one side and 251 on the other?" Chairman: "Yes. House could be built at .the discretion of the owner as long as he adhers to the requirements in the ordinance.11 Mr. Comes: I�It seems to me that this would be a detriment to the neighborhood." f 3 Zoning Board of Appeals Ji­ 27, 1957 c _ MINUTES, Continued Chairman: III am not taking the Venteau Construction Corp. side on this but would just like to ask, if you are in business for profit and you find that an undue hardship has been placed on you wouldnIt you consider that perhaps erecting a house on 1501 of land might be something of a hardship? " Mr. Comes: "I would not consider this a ha.rdship.11 Mr. Wysong: III think that two houses so close together makes it difficult so that you can hardly drive a car between them. Mrs. Mott: 11I live next to Mr. Klein and will be opposite this house. Is there any higher appeal we can make in case this goes against us?11 Chairman: "Mr. Rosenberg I am sure will be glad to answer your question.° Mr. Rosenberg: "Yes, you can. go to Court. You have -the right to appeal to the Supreme Court of the State of New York and you still have further rights to go further than that. _This is not the last word. This is the board of original jurisdiction. It starts here. '? Mr. Appelquest:. "This is a business venture Gina therefore it should not be ruled on any other ground. The property has been developed over 35 years. We were advised to buy 1001 lots and were assured verbally that all other lots were 100 ft. " Mr. Wysong: I'Do they own any other property and is this the beginning?" Mr. Polito: I'We have only these three parcels.11 Mr. Wysong: I'What would prevent him from buying another 1501? Then he could come again and ask for a variance. " Chairman: I'This land was held in single and separate ownership at the time the zoning went into effect which is why they are asking for a variance at this time." Mr. Appelquest: IlDoes he plan to build these two houses with the idea of selling them? Chairman: "Mr. Polito do you plan to build and sell?" Mr. Polito: I'Yes. We are builders. I would like to .say that we own property in Laurel which is entirely governed by the U. S. Government. Construction is governed by the Government and approved by all concerned. We have already built 10 homes which are sold and occupied. tl Mrs. Mergerlin: "Are the houses to be all year round homes?" Mr. John Ventedu: .1'We plan to build substantial homes to be used either as summer or all year round homes. We purchased 3 501 lots and could have built three homes but since this was not done before the ordinance we now feel that we are cooperating by building two houses, one each on a 751 lot. Eugene Mott: Ills there any other piece of 501 land that they might acquire?° Mr. Rosenberg: III believe Mr. Polito mentioned that they had tried to buy more land but that the people could nor or would not sell. _ 4 — Zoning Board of_Appeals June 27, 1957 MI=i -',S, Continued Mrs. Appelquest: I'Along the line of hardship, I was just thinking, and I do not believe there are any houses in that section on Holden Avenue that coast as little as 8 or 9. thousand dollars and I was wondering whether he couldntt build a house that is worth twice that much, and what about compromising with the people on the other side and they would buy 251 ;from Mr. Venteau and he could build on 1251.11 Mrs. Young: I'Why are you so anxious to build there?" Chairman: "I must advise that there can be no cross examination. Rebuttal of testimony will be permitted.11 Mr. Polito: "Please forgive me. I think there is an underlying reason for your objecting to our building there but I._would like to say we have built and sold houses to people here in. this town. They are people who are working here. We, of course, will not buy any more land of this size." Chairmant. "The question has been raised here as to the amount of money to be spent on these houses. What type are they going to be? Some of the neighbors feel that the amount .of money invested will depreciate the neighborhood. How much money will you invest.11 Mr. Polito: MElight to Nine thousand dollars and it may go as high as 12 to 15.11 Perhaps Mr. Venteau would like to say something, ° Mr. Venteau: °I think all of the points have been.covered.t1 Mr. Polito: ' "We can show you the type of homes we build. We have responsible people who purchase them. If we_. are willing to give 50t of our land we feel that a variance could be granted.! Mr. Wysong: "How long have you owned these lots. Did you pay the same price as list ed on maps? Mr. Polito: "Two years. Yes the price is the same, $15.00 a ft. on Holden. 11 Mr. Weeks: " °At the present time what can you build for $8,000 in the line of a house? Chairman: "I think that -is a subject of real estate and all we would be getting would be Mr. Polito's opinion. We could all estimate this pretty accurately. " Robert Young: I am not a land owner. I am representing my Mother. There are non-conforming house lots in this area, footage not 1001. They were built on in 1924. All houses drawing water from same place. The soil is sandy and drainage good but one of the rulings for the minimum lot size is to provide for proper drainage and sanitary purposes. Where there are too many houses too close together this might prove unsatisfactory. This is a aummer .colony but as the years go by gradually people will be using the houses all year round. It is not a- legal point, only my opinion but it seems to me that this man is asking for a-variance because there is a hardship and I do not think he has exhibited any hardship.. It does not seem to me that as long as this lot is saleable at 1501 that there is a financial hardship. 11 Mr. Mott: nIf this is granted could there be a guarantee that the houses would not be similar externally?IT - 5 - - Zoning Board of Appeals June 27, 1957 MINUTES, Continued Chairman: "Board can inrgose reasonable restrictions in granting a variance. " Mrs. Mergerlin: "Would they build one or two story houses? General feeling of the residents is that they are against developments." Chairman: °I believe that Mr. Polito intends building two story Cape Cob style homes. Are there any members of the board who would like to disclose any further information or desire any further information? Anyone else in the room? Mr. Wysong: 'ale were wondering if hearings could not be held on Friday evenings where summer people are involved. They are taxpayers and would like to have a chance to speak." C hairman: # At the time the ordinance went into effect it was decided that meetings would be held on Thursday evenings, this being the most convenient time for all members since some of. the members are committed to other tasks on several evenings a week. This, of course,. does not mean that a hearing cannot be changed for the best interest of all concerned, At the time of the hearing held in Mattituck it was changed to another night for the benefit of all concerned but our regular meetings are usually held on Thursday. Thank you all for coming and for your interest in zoning. Decision will not be given at this time. Minutes will be prepared and decision given at that time." THIS CONCLUDED THE PUBLIC HEARING. Mrs. Estelle Comes advised that the description given on appeal was incorrect. She advised that Fisher never owned the land. We are the owners and pay taxes on the property. The description should be .changed accordingly. Mr. Polito advised that this could be readily checked and changed. Three petitions "against" this appeal were then read to the board by the Chairman. There were approximately 20 people at_ the hearing. Mr. Venteau and Mr. Polito then presented map of Sandwood Shore Homes approved by the Town Board. Lots average less than 701 in width and bought in-1950. Last house they built was completed in July 1956. Lots cannot be lengthened -as the Town already owns the road and houses on Peconic Bay Blvd. are all established. Depth of lots from 90 to 95 feet. Asking for permission to continue building in conformity with the other houses already conToleted in this development. Have F.H.A. approval on well point, etc. Asking for permission to complete this job and advised that in the future they will buy land 1001 x 125& Mr. Rosenberg: "I am opposed because there is too much density there and this defeats the purpose -of the ordinance. I believe lots should be enlarged and I believe they should be 1001. 11 It was the unanimous opinion of the board that the lots in question should be enlaxged in width to 100t. It was stated that the Board of Appeals has no authority to reduce the frontage required in the ordinance, namely; 100 feet. PUBLIC HEARING — Appeal No. 4- Upon application of Henry J. Smith, Peconic, N.Y. for variance to the zoning ordinance. Property located at Mill Colony, Southold, N. Y. Hearing Continued as Mr. Smith had failed to include an engineerls description of the Property involved at the hearing on June 20, 1957. Description now at hand and attached to original appeal. Description was then read by Mr. Bergen. Chairman: "Is there any one who wishes to speak 11fore this appeal?" 6 — Zoning Board of Appeals June 27, 1957 MINUTES, Continued 0 Mr. Terry: "Yes" III think this variance should be granted." Chairman: "Anyone wishing to speak "against?", PUBIC HEARING CONCLUDED. Board unanimously-.agreed to grant this variance. Appeal No. 5 — Venteau Construction Corp., Board unanimously agreed to grant this variance. In granting this appeal the board took into consideration the fact that these three 501 lots were purchased in 1954, as were many lots in that area of similar size, from an unfiled map. The ;board. feel that to divide these three lots into two parcels of 751 each,with aside yard 2511 restrictions .and the usual setback, would be justified -- Article VIII, Section 801 A, paragraph C. Requiring construction of one house on a 150t lot would in our opinion constitute a unique hardship, A requirement of 100t lot would leave the owner with an unsaleable parcel of 501 in width. There are many houses in that neighborhood erected on 501 lots. In response to question raised by Mr. Terry, Section 202 and 1007 of the Ordinance were construed unanimously by the. board to forbid the erection of commercial signs or billboards on properties where-non—conforming use is in existence. Minutes of the June 20th meeting were read. On motion made by Mr. Rosenberg, seconded by Mr. Bergen, and carried, minutes were approved. Meeting adjourned at 12:05 A.M. Grace B. Meyer Secretary 1 c 1 � - e .. '. a .. - � � � � � _ � __ � _ - I � � � _ — � � � _ _ _ � � ." Lc3 � � "" -