HomeMy WebLinkAboutZBA-03/13/1958 N.
SOUTHOLD TOWN BOARD OF APPEALS
SOUTHOLD, L.I. , N.Y.
M I N U T E S
Southold Town Board of Appeals
March 13, 1958
A regular meeting of the Southold ,Town Board of Appeals was held at
8:00 P.M. on Thursday, March 13, 1958, in the Town Clerk' s Office,
Southold, N.Y.
There were present: Mr. R. W. Gillispie, Jr. , Chairman
Mr. Robert Bergen
Mr, Herbert Rosenberg
Mr. Charles Grigonis, Jr.
Absent: Mr. Serge Doyen, Jr.
Also Present: Mr. Howard M. Terry, Building Inspector
PUBLIC HEARING: Appeal No. 4.8 - Application of John Drossos of Route
25 (E.W. Fire District) Greenport, Now York, dated March 4 . 1958, applying
to the Zoning Board of Appeals in accordance with the Zoning Ordinance
Article VIII Section 801a, Subsection C for the permissive use of land
situated at Arshamomoque, W/S Route 25.
Application for appeal, letter to appellant advising of date of pub-
lic hearing andlegal notice with affidavit from one.'-local newspaper were
read by the Chairman.
Chairman then asked if there .were anyone present who wished to speak
"for" the application. Mr. Drossos submitted the plans of the proposed
building and plot plan.
There being no one present to speak "againstOQ the application, this
permissive use was unanimously granted.
PUBLIC HEARING: Appeal No. 4.9 - Application dated March 6, 1958 by
Isaac Edwards of Main Road, Orient, New York, applying to the Zoning Board
of Appeals in accordance with the Zoning Ordinance, Article VIII, Section
801a, Subsection C for the permissive use of land situated on north side of
Main Highway (Route 25) Orient, N.Y. , 166 feet on hkghway by 150 feet deep.
Application for appeal, letter to appellant advising of date of public
hearing and legal notice with affidavit of publication from Long Island
Traveler-Mattituck Watchman were read by the Chairman.
Chairman: "Is there anyone here who wishes to .speak "for" this
permissive use?"
Mr. Edwards: "I have here a sketch of the plot plan. I think everyone
z
Sobthold Town Board. of Appeals Mai _ 13, 1958
MINUTES, Continued
here is acquainted with the house."
Chairman: "This is the north end?"
Mr. Edwards: "Yes, and that is how the garage will look. It's going
to look far better than having them sitting out in the yard."
Chairman: "What is it' s depth?"
Mr. Edwards: 1124 by 36. That will hold the truck, Ebbie's car, and
some storage space."
Chairman: "Is this a double door?"
Mr. Edwards: "Right. 16 feet. This garage will hold one truck. I
expect to keep the others in East Marion next to the laundry."
Chairman: "How far is this from your line?"
Mr. Edwards: "It' s going to be about five feet."
Chairman: "Is that what the legal minimum is?"
Mr. Terry:. "No. Rear yards about' 25 in residential but less than
that in business. This is a non-conforming business at the time of the
adoption of the Ordinance. "
Chairman: "What is the minimum distance that a garage can be located
from the rear line?"
Mr. Terry: "Side lines are 10 feet and rear yards 25 in residential,
15 in business without variance,"'
Chairman: "Residential minimum is 25 feet rear yards. This is a non-
conforming business in a residential area. This business existed before //
zoning. Mr. Edwards, Ed Miller lives to the north, and where's the �I X_ _Iak
house?"
Mr. Edwards: "That's way up."
Chairman: "And Mr. and Mrs. Mount live next to Miller."
Mr. Edwards: "Right. And Mr. and Mrs. Schriever live here to the
East."
Mr. Henry Tasker: "If it will be of help, I have here a map that will
cover the whole area. The area in red is the area which is the subject of
the application."
Chairman: "This lot was purchased from Mr. King?"
Mr. Edwards: "The east part of it, Bob. 60 feet. "
Chairman: "This then marked E. H. King now you own?"
Mr. Edwards: "That's right. "
Southold Town Board of Appeals March 1„ 1958
MINUTES, Continued
Chairman: "Mr. and Mrs. Mount, you purchased a lot in here between
Ur/ ,an- and Miller?"
Mr. Mount: "Yes, that's right."
Chairman: "Is there anybody else who wishes 'to speak for this appli-
cation? Howard, what 's your opinion?"
Mr. Terry: "My observation is that this would probably help the
appearance of the neighborhood, also help 'him in keeping his equipment in
condition and convenient to customers who call him in an emergency."
Chairman: "Ike, about the location of this 5 feet from the Miller line.
Have you discussed this with the Millers?" -
Mr. Edwards: "Yes. Her driveway is on my property line, and I expect
toleave it there so I9m sure she has no objection."
Chairman: "Did they know of this hearing?"
Mr. Edwards: "They know what we are going to do."
Chairman: "IS there anyone else who wishes to speak for this application?"
Mr. Bergen: "Is that 5 feet from the driveway?"-
Mr. Edwards: "No, 5 feet from her line."
Mr. Bergen: "But her driveway is still flatly on your line?"
Mr. Edwards: "Yes, and I expect to leave it there. It's silly to move,'
it."
Chairman: "Anybody else who wishes to speak for the application?
Is there anyone who wishes to speak against this application?"
Mr. Henry Tasker: "I wish to speak against it but before I do I should
like to ask._ one or two questions so that I can establish the location of
this garage. There are no distances or dimensions given on this sketch
and itdoesn't show it's relation to the rear line. Now, from the west line
to the southwest corner of the garage would be 15 feet?"
Mr. Edwards: "Yes, I would say approximately."
Mr. Tasker: "And the width of the garage?"
Mr. Edwards: "The lenghth is 24 feet."
Mr. Tasker: 1124 feet from north to south - and what' s the area of this
structure that connects the garage?"
Mr. Edwards: 1112 by 20."
Mr. Tasker: "Is that a house?"
Mr. Edwards: "No, that's the office.
Southold Town Board of Appeals March 1 1958
MINUTES, Continued
Chairman: "In other words, it's to be attached to the rear of the
. present structure. "
Mr. Edwards: "The distance from the east line would be 166 feet and
about 15 feet away from the west line. And incidentally, while I'm on the
subject, the east lot will be completely sealed off because there willibe
a fence across the back and the garage will seal the whole thing off."
Chairman: "Fence where?"
Mr. Edwards: "The fence will be right back of the garage. A split rail
fence. And by the corner of the kitchen I expect to put in cement and that' s
where we expect to do our parking."
Chairman: "Does that properly identify the location for you?. 5 feet
from the back line, more than 100 feet from the east line, and approximately
15 feet from Bird' s Eye Road."
Mr. Edwards: "It ' s more than 15 feet from Bird's Eye Road. Our line
is .to the east a little bit from Bird's Eye Road."
Mr. Bergen: "In other words, when you back out of there with a truck,
can the truck make the swing into the road?"
Mr. Edwards: "Very easily because we have tried it."
Mr. Bergen: "And the reason for this garage is to house one truck, one
gasoline truck, and one automobile and storage space, or two trucks?"
Mr. Edwards: "We' ll be able to put two oil trucks in there."
Chairman: "Will it hold a kerosene truck?".
Mr. Edwards: "Yes."
There followed a discussion of the insurance. problem involved in this
connection, and the Chairman suggested that Mr. Edwards check into the matter.
Mr. Edwards: "If it turns out that we can't get insurance, I would
still like to have permission to build a garage. I would life to get Ebbie's
car under cover so I would still like to attach a garage in any case."
Mr. Tasker: "I don' t .think .the insurance angle has anything to do with
this Board."
Chairman: "What type of structure is this going to be?"
Mr. Edwards: "Sheet rock inside, shingle outside. I would like to
make the new building the same as the rest of the house."
5
Southold Town Board of Appeals ] ch 13. 1958
MINUTES, Continued
Mr. Tasker: "For the record, I should state at this time that I represent
and speak for' specifically, the owner on the east who is listed on this map
which I would like to have considered as Genevieve K. Dwight but the owners
are actually William if. Schriever and Barbara D. Schriever. I also speak
for, in opposition, on behalf of the Estate of Ruth S- King which adjoins
Birds Eye Road on the west and lies to the west of this property. I under-
stand that Mr. and Mrs. Mount are here to speak for themselves and may want
to confirm my remarks, but those are the people protesting against the
granting of the variance. There are a number of grounds on which our ob-
jections are made and as part of, them, before we specify them, I should like
to call the attention of the Board of the fact that the area in which this
non-conforming use exists lies completely within one of the finer residential
areas in Southold Town and in the Village of Orient, and I think it can be
said definitely that the nearest possible area which is used for business to
the west of this property is west of Dam Pond. I am unable to state the
distance, but I believe it is at least one mile to the west. To the east
is Orient Village and that is perhaps one-quarter to one-half mile before
we come to anylbusiness at all. I should like to point out that the presently
existisng non-conforming use consists of the parking of fuel oil trucks in
the rear of the premises. That and the use of a portion of the premises
for or as an office. Now, if that is the limit of the non-conforming use,
what is being asked here is an opportunity to expand the non-conforming use
by providing storage facilities for those trucks and perhaps for other materials
which may be used in connection with the business. I would assume that that
would be a fair statement to make, that in connection with the use of the
garages not only does he propose to put a truck in there but he also pro-
poses to use the rest of the garage for storage purposes. Now, at the present
time there are no facilities for storage, there are none required, and the
granting of the variance for the erection of a garage would defeat the pur-
pose of your Zoning Ordinance because it would permit the expansion of a
non-conforming use in the area.
"Now, it is necessary to consider the question of undue hardship not only
with relation to the applicant but with relation to the other properties,
and I have placed on this map the assessed. valuation of various properties
in the immediate area. I. think it's important that the Board consider the
assessed value of this property which is the subject of the application.
It has a land value of $900 and a land and building value of $34.00. Imme-
diately adjacent to that on the east lies the property of Mr. and Mrs.
Schriever. It has a land value of $4.500 and a total improved land and
building value of $10,500, and it seems unnecessary to say that an extension
of the non-conforming use could not have anything but an adverse effect on
the property which is two and one-half times the assessed value and perhaps
two and one-half times the market value of the property which is the sub-
ject of the application. With respect to the Mount property, assessed
value for land is $1500 and land and buildings $6600. With respect to,> the
King property on the west we have two parcels, one of which is land value
$800, total value of $3200 ; the second parcel land value $800, land and
building $4000. Immediately to the west of that is the Burnham property,
land value $25002 land and building $7000. Next the Stephenson Estate, land
$15009 total $6600. Next is the Young property, land $2000, total $64.00.
Immediately to the north is the property of Lillian Do Stern, $6000 land
value, $189500 land and buildings. Joseph Stern $1000 land, land and buil-
dings $5Q00- Newell, land $5009 total value $2500- Welles, land $2000,
land and buildings $5500- Bauer property immediately adjacent to that is
the same ways Now, I don' t cite those figures to the derogation of anybody' s
6
Southold Town Boardof Appeals Mar 139 1958
MINUTES, Continued
property value, but I do cite them as evidence of the fact that you do have
a non-conforming use in the heart of property which is entirely residential,
and that the people who are entitled to be protecteds in my opinion, are not
only the people who are immediately_ adjacent. And it is the duty of the
Board, of this Board or any board, to consider the application not with re-
lation to the applicant's own individual desires but to consider it with
relation to all of the property effected, if you are to make use of the pro-
visions of law and the provisions of the ordinance, and make your decisions
and grant them if you do with regard to the welfare of the community. And we
do feel that the granting of a variance such as this would perhaps further
the interests of the applicant but it certainly is not going to improve the
land values of Mrs. and Mrs. Schriever on the east nor the land values of
Mr. Miller on the north nor the land values of the Stern people further to
the north. The theory of non-conforming uses as we all recognize is this.
They are something which we must admit exist but which we assume must die,
and they . die by having their further growth prohibited. Further growth is
permitted by creating a situation which will give furtherance to the busi-
ness, and that is the thing which we seek to avoid in zoning. Now' asfa' r as
we are concerned, we feel that the Board would not be observing the spirit
of the ordinance were it to grant a variance of this nature. Thereis some
doubt in relation to the use to be made of the garage. It may be extremely
remote but the possibility always exists that the public safety and the wel-
fare of the people in the immediate area could very well 'be affected by the
storage of gasoline or fuel. trucks in this building which is certainly not
fire-proof construction. We feel that substantial justice will not be done
under the terms _.of the ordinance were this variance to be granted, and we
also want to point out to the Board that the use of the building or the pro-
posed structure is not in keeping with and would not promote the general
purpose and the interests of the ordinance. Now, the character of the exist-
ing use as I have already pointed out is this. It'ssimply a place where now
one or two fuel oil trucks are stored in the open. It now is proposed that
better facilities be provided for their storage. That we would regard as
the extension of a non-conforming use which we feel the Board has no power
to grant. As far as property values are concerned, I don't think that oil
storage tanks, whether they are outside or inside, are going to improve the
values.
"Now, there is cited in this application the fact that undue hardship will
result, and I don't take this to be an originalldecision on my part when we
talk about definitions of undue hardship. The courts of this state have de-
cided this question. The Court of Appeals, in Otto v. Steinhilber, 282 N.Y.
71, says this: That before a board may grant a variance upon the ground of
unnecessary hardship there must be shown the following: ' (1) That the land
in question cannot yield a reasonable return if used only for a purpose
allowed. in that zone. ' There has been no showing by the applicant that this
property cannot yield a reasonable return if used only for residential pur-
poses. The fact is that the applicant uses it now for his own family residence.
Now that is the most appropriate and the only use for these premises.
7
Southold Town Board of Appeals March 1 1958
MINUTES, Continued
"The next thing that the Court of Appeals has said is 'the plight of the
, owner is due to unique circumstances and not to the general conditions in
the neighborhood. ' Now there is nothing unique about this property. It is
a substantial piece of real property. There is a dwelling on there and it is
of the same nature and character as every other property in the, neighborhood.
The value in some cases is comparable, and in some instances it is condiderably
less. But there is no showing here of any unique circumstances which would
authorize this variance to be granted upon the ground of undue hardship.
"The third thing that would have to be shown would be that 'use to be
authorized by the variance will not alter the essential character of the
locality. ' The converse is true' I think, of that' and I say that as a
matter of law, regardless of the sentiments of all the people in this room,
as a matter of law there has been no showing by the applicant of any of the
conditions by which this Board could justify its action in granting the
variance, and as .a matter of law, I would urge that the application for the
variance be denied. I think that Mr. and Mrs. Mount would like to say some-
thing. I have spoken for Mr. and Mrs. Schriever, and I would like to have
them state for the record that they oppose the application."
Mr. and Mrs® William W. Schriever appeared and said they opposed the
application.
Mr, Bergen: "I don't think it's fair to quote it as 'oil storage tanks'
because he expects to store his truck there."
;.Mr. Tasker: "Then I will say for the storage of trucks that are used
for the sale and delivery of fuel oil or other -petroleum products."
Mr. Tasker then submitted sereral photographs to the Board showing
various properties in the vicinity. One photograph showed a structure
located in the northeast corner of the Edwards property. Mr. Tasker
stated that he did not know what it represented.
Mrs. Edwards: "May I explain that little building? I called Mrs.
Schriever when that building was put there. It was put there because we
didn't have a place for our screens, storm windows, lawn chairs and so
forth, and I told her that as soon as proper arrangements could be made
for a garage it would be moved this Spring, and it is going to be moved
when we have room to put the things away."
There follow&d a brief discussion on the nature of the building
just refferred to.
• - 8
Southold Town Board of Appeals March 1; L958
MINUTES, Continued
Mr. Tasker: "Just one additional statement. If the applicants desire
to erect a private garage on their property, I don't think that there is
any occasion for a variance unless it may be for a variance in the rear
yard. line, but so far as the structure is concerned it is a private garage
a garage used for the storage of private vehicles only and not for trucks.
Mr, .Rosenberg: The text of the ordinance is one or more power-driven
vehiclesowned by the owner. Article 1, Section 100.
Mr. Tasker: "It may or may not be. Certainly.. something which is used
for the storage of an oil truck transcends the bounds of a private garage,
and that is what we object to."
Chairman: "Is there anyone on the Board who wishes to question Mr.
Tasker further?"
Mr. Rosenberg: "Is it your position, Mr. Tasker, that placing these
vehicles that now stand out in the open under cover would depreciate further
his property value?"
Mr. Tasker: "I say that, sir, regardless of where the trucks are placed
the moment that you permit or foster or encourage the continuance of a non-
conforming use you depreciate property values, and you can foster the
continuance of a non-conforming use by making it easier for the applicant
to continue his non-conforming business or expand it and whbn you do that
you affect property values. I would say that , it might be an improvement
or it aright improve +the appearance of the property, but that is only in-
cidental to the expansion or extension of the non-conforminguse.
Mr. Rosenberg: "You feel that placing the trucks under cover would be
an expansion of the non-conforming.,use?"
Mr. Tasker: "Yes, I do"."
Chairman: "And you feel that it is not an unnecessary hardship to have
to keep these trucks out during the wintertime?"
'Mr. Tasker: " I think the applicant's own statement is that he has
done it for ten years."
Chairman: "It may have been a question of finances, even though we
are not supposed to consider financial hardship."
Mrs. Mount: "Ike, do you have any intention of ever having any oil
tanks underground?"
Mr. Edwards: "NO.H
Chairman: "I might state, Mrs. Mount, it is within the power of this
Board to stipulate that there be no further expansion of a non-conforming
use and stipulate particularly what that expansion might represent. In
other words, if this variance were granted, we could stipulate that the
garage could not be increased in size. We could also stipulate no under-
ground oil storage and whatever else might be necessary. It would not .seem '
to me that this is an expansion. I am willing to be shown wrong.9t
9
Southold Town Board of Appeals March 3, 1958
MINUTES, Continued
Mr. Schriever: "In connection with this thing, is this something
that can again be appealed?"
Mr. Rosenberg: "If he is granted the right to build such a garage
under certain stipulations which would be say that he couldn't ever
establish underground oil tanks or expand. the garage, would it be subject
to appeal again?"
Mr. Schriever: "Yes."
Mr. Rosenberg: "If a variance were granted, it would be for this
business and for nothing else, and if he desired to do anything •in the
future he would have to come egain and then it would be a new venture. "
Chairman: "Any decision of this Board. can be appealed within thirty
days from filing with the Town Clerk."
Mr. Mount: "The proposed building is 24 by 36. That is 50% larger
than the ordinary two-car garage. It is 50% larger than that. The land
is pretty well filled now' to the west and it would not take the three
trucks, it will take one. You will have two trucks out there any way.
I don' t see any improvement."
Mrs. Mount: "Are you going to have one in back of the other?"
Mr. Edwards: I'ViW. going to have one truck and Ebbie' s car in there."
Mrs. Mount: "Who's going to get in first?"
Mr. Edwards: "Neither. It's a double width door."
Mr. Schriever: "What trucks will be kept in East Marion?"
Mr. Edwards: "Ife only have two trucks, and one will be kept at East
Marion."
Chairman: "The way the business has operated in the past, one or two
trucks .will be in the open if they are on your property?"
Mr. Edwards: "There is going to be a split rail fence on the end.
There isn't going to be room in the bak to park any trucks outside."
Chairman: "This will have a screening effect."
' lairs. Mount: 1119Te, wont see them. I was just wondering if you have one
truck in the garage where the other two trucks will be."
Mr. Edwards: "In East Marion."
Mr. Mount: "You're really going to keep them there?"
Mr. Edwards: "That's the reason for building the garage. We feel
that if we could have proper arrangements there we can leave them all
there, but with this type of business it's imperative to have a truck on
hand . As far as the King property is concerned, we have spoken .to John
Lomas . and Beverly Lomas and they are delighted with it."
10
Southold Town Board of Appeals March , 1958
MINUTES, Continued
Mr. ,Schriever: "The 36 feet, as I see it, goes from front to back.
Are the trucks 36 feet long?"
Mr. Edwards: "They are 24 feet."
Mr. Schriever: "Leaving 12 feet for storage?"
Mr. Edwards: "That' s right. Any motors are in the little cellar which
we have in the house, which is very small, but we don't have any tanks any
where so because we have that small piece of property in East Marion we have
underground tanks there."
There following a short discussion on building code regulations.
Chairman: "Is there anybody else who wishes to speak for or against
this application?"
Dr. Armand Rose: "If this variance is granted and the property should
then change hands, what is the effect? Will the successive owner have the
same privileges or would they be altered. Suppose it is some one who has
the business of pumping out cesspools and uses tank trucks?"
I
Chairman: "Non-conforming business can change hands but the character
of the business cannot change."
Mr. Rosenberg: "The variance gofhs with the land. It doesn' t go with
the owner. This variance is granted to the land."
Chairman: "Ike could not take the right with him to another residence
nor could some one start a different kind of business in a non-conforming
business."
Mr. Schriever: "I have heard that in the summer time these same trucks
are used to deliver gasoline for irrigation engines. They are filled with
gasoline during the season in which irrigation of the surrounding farms
is taking place. Is that right?"
Chairman: "Yes."
Mr,. Schriever: "So- that during the summer time in place of containing
fuel oil they would contain gas?"
Chairman: "The bulk of the business of gasoline is during the farming
season."
Mr. Schriever: "Wouldn't the enclosure of a truck containing gasoline
in a garage on a hot day add to the fire hazard?"
Mr. Terry: "He would have to provide ventilation if he were going to
put gas trucks in the building;
Chairman: "Are there any other questions?"
Mr. Tasker: "One other thing. Regardless of what may have been stated
by Mrs. Edwards tonight so far as objections on the part of the owners to
the west, I would like to state for the record that as of today I have been
authorized to offer their objection, and the names of John Lomas and Grace
Southold Town Board of Appeals March 139 ?58
MINUTES, Continued
Lomas were mentioned as persons who have no objection, and I think the
record should show to the contrary. I appear for them of record on behalf
of the King Estate.-".
Mrs. Edwards: "I'm sorry.. I spoke to them last summer."
Mr. Mount: "0£ course, there are several people who.-live in the vicinity
who are not here at this time."
Mr. Tasker: "If the hearing is going to be adjourned, could it be
adjourned for the purpose of giving any other persons interested a chance
to file written noticeof protest in view of the fact that the notice was
completed last week?"
The hearing was adjourned two weeks, to March 27th, 1958 at 8:00 P.M.
to give all interested parties an opportunity to file written briefs.
Mitchell Swenkoski of Bowery Lane, Southold, New York, appeared before
the Board for an informal discussion relative to an accessory building.
The next meeting of the Board will be held at the Mattituck Fire Douse
on March 209 1958 at 7:30 P.M.
Meeting adjourned at 11:00 P.M.
Respectfully submitt-6d,
Ann Grig onis7
Assistant Clerk