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HomeMy WebLinkAboutZBA-04/09/1959 T Southold Town Board of Appeals SOUTTHOLD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. M I N U T E S Southold Town Board of Appeals April 92 1959 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. , Thursday, April 99 1959 at the Town Clerk's Office, Main Road,. Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr. , Chairman, Herbert Rosenberg, Robert Bergen, and Serge Doyen, Jr. Absent: Mr. Charles Gregonis, Jr. Also present: Mr. H. M. Terry, Building Inspector. PUBLIC HErARING: Appeal No. 147 - Application of Olin Glover'. This hearing was recessed to this date from April 2, 1959 at the request of the applicant to enable him to present additional information. Chairman: Is there anyone present who wishes to speak for this application? MR. LEFFERTS P. EDSON, Southold, New York: I speak for the application. Mr. Glover wishes to sell his resi- dence. My application at this time is only to the variance granted on the lot with the house on it. Southold Town Board of Appeals -2- April 9, 1959 CHAIRMAN: Is there anyone present who wishes to speak against this application? (No one wished to speak. ) Resolution offered by Mr. Rosenberg, seconded by Mr. Bergen and carried, Whereas application of Olin Glover, hav- ing been considered at Public Hearing 1477 on April 9, 1959, and the. Board finding that strict application of the Ordinance would produce undue hardship because of the 150 ft. size of the present lot. The hardship created isunique and would not be shared by all properties alike in the immediate vicinity of the property and in the same district because of the existance of the house on the southerly side of the property makes a variance necessary in order to sell the house i,,aith 75 ft. front- age. The variance does observe the spirit of the Ordinance and would not change the character of the district because the lot resulting would be in conformance with the other 75 ft. lots in the area. Be it RESOLVED that the application be granted as amended April 99 1959• Vote of the Board: Ayes :- Mr. Gillispie, Mir. Bergen, Mr. Rosenberg, and Mr. Doyen. PUBLIC HEARING: Appeal No. 149 - Application of Stanley W, Suffolk Development, Inc. , Montauk Highway, Shirley, L.I. , New York, for a variance in accordance with the Zoning Ordin- ance, Article III, Section 3047 for permission to reduce front ,yard set-back on property of Horace Therien, Old Jule bane , Mattituck, L.I. , New York, bounded north by Canal, east by Tuffy, south by Old Jule Lane and west by Zebroski. Fee paid J�l5.00. The Chairman opened the hearing by reading application, notice of violation issued by the Building Inspector, public notice of the hearing with affidavit attesting to its publica- tion in the official newspaper. CHAIR1AN: Is there anyone present who wishes to speak for this application? Imo. BATTILLA: I am the partner of Mr. Stanley W. Stevener, Secretary-Treasurer of Stanley W. Suffolk Development, Inc. There is not much I can add, I just request that you allow me to leave the house where it is. CHAIRMAN: How far along is construction? MR. BATTILLA: The roof and framework are complete. It Southold Town Board of Appeals -3- April 9, 1959 would be necessary to destroy the entire foundation. (Mr. Battilla gave the dimensions of the house with relation to the lot lines) . If I have to move the house we would have to tear the foundation apart. We have built hundreds of houses and this is the first time anything has happened. CHAIRMAN: Was it surveyed? Nam. BATTILLA: Yes. CHAIRMAN: Were stakes put up? MR. BATTILLA: Yes. CHAIRMAN: Did you build another house on the same street? MR. BATTILLA: Right next door. The one next door has a full cellar. We have built other houses in Mattituck and in Jamesport. I try to conform with the law but this is a mistake. There is quite a bend in the road which may have caused the mistake, I do not know: 1vR. RO,SENBERG: Does this house have a full cellar? MR. BATTILLA: Just a crawl space. CHAIRMAN: Is there anyone else who wishes to speak for this application? -- Is there anyone present who wishes to speak against this application? GEORGE PENNY, Mattituck, New York: I came down tonight mainly to see what the action of the Zoning Board of Appeals would be in this matter. Having a lumber yard in Mattituck I am concerned with permits and variances. I always insist that my customers and people who come to me get the .proper permits before they start in, to assure that they comply with the Zoning regulations to the final letter. This man probably got a building permit in time but he also knew 35 ft. was the minimum distance from the road. If he made an error I see no reason why it should not be rectified and the building moved back to - comply with Zoning. The reason why we came tonight was to see if Zoning could be evaded to the letter and whether you could go ahead and get a variance to cover up. Thank you. CHET ORLOWSKI9 Cutchogue' New York: I am a builder. I am building a house right down the same lane. My client wanted to put his house up ahead but I told him he could not do it. The set-back is 35 feet. I don't see where there is a bend in the road, there doesn't even look like there is a bend to the eye, We all have to sign an application stating how far from the lime and how far from the road, etc. I could do the same thing. I could build a house and ask for a variance on it. I do. not think I have had one fault with the MDning Board yet. Southold Town Board of Appeals -4- April 9, 1959 If I did not think something was right I had it surveyed right away. The builder is building the house, not the mason. The mason doesn't make the mistake, if he does, the builder should be there to see something is done about it. ti,JILLIAM KRAUSE, Mattituck, New York: I believe if this man is given a variance on this particular case that it leaves the road open to each and every one to come down here,and whether they do it intentionally or whether it is an error, and ask for the same privilege, it is going to be mighty rough for the Zoning Board. I have been in favor of Zoning long before it started. I have also been in favor and contended that the State should have a Building Code and all houses should be built under those conditions to protect the owner and also to protect the builder. I am very much against this variance and think the Zoning law is a good law and will not allow it. ERNEST WILSBERG, Mattituck, New York: I am a property owner in the vicinity. Which home is the one that the variance is asked on? CHAIRMAN: The legal description of the property is as follows: Old Jule Lane, Mattituckq L.I. , New York, bounded north by Canal, east by Tuffy, south by Old Jule Lane and west by Zebroski. MR. WILSBERG: I would like to make one remark. There are two houses being built and one home is in the right, with- in the 35 ft. limit. I cannot see how the other house could be built out of line. I believe a builder should supervise his work. I do not think the variance should be granted. CHAIRMAN: Is there anyone else who wishes to speak against this application? --- Do any members of the board wish to ask any questions? Are you the builder, who after this violation was noted, came to the Building Inspector and offered to move the building because the mistake was made? MR. BATTILLA: I believe my partner came. M. STEVENER: I said if it had to be moved I would have to move it. MR. ROSENBERG: When the violation was posted and you found that the building was in the wrong place, you came to the Building Inspector and said that you would move the house in a day or two? MR. STEVENER: If we have to move it we will move it. CHAIRMAN: How was this discovered? MR. TERRY, Building Inspector: I checked on the job and Southold Town Board of Appeals -5- April 9, 1959 I found the set-back off. CHAIR14AN: From what you said, Mr. Battilla, a curve in the road was the cause? MR. BATTILLA: There is a definite curve. This is not an excuse, I am not trying to exucse myself. I have been building for 30 some odd years. I can see a curve when I look at it. CHAIRMAN: There are more builders at this meeting than we have seen here in a long time. They have been doing their best to live up to the rules and regulations. I think that they discovered this had happened and wanted to see what the Board would doebout it. Of course, someone running a business cannot be everywhere at once, however, what you are asking a variance on is a self-created hardship which by law we cannot grant a variance on. The principle was upheld by the Supreme Court the other day in one of our decisions. We cannot grant a variance on a self-created hardship. MR. ROSENBERG: I would like to point out that if a variance were granted it would establish a new line on that street and would allow other houses to be set as close as this is, and other people would not have to stick to the 35 ft. set-back. MR. STEVENER: Across the street there is a 30 ft. set- back and we would not be making any new set-back line. MR. ROSENBERG: The line where you are, not across the street. MR. PENITY: We wish you to know that we have no personal feelings against you, the case came up and we wanted to see how it would be handled. Resolution offered by Mr. Rosenberg , seconded by Mr. Bergen and carried, Whereas application of Stanley W. Suffolk Develop- ment, Inc. ; having been considered at Public Hearing No. 149 on April 9, 1959, and the Board finding that strict application of the Ordinance would not produce undue hardship because applicant knew. regulations before construction of the building was started. The hardship created is not unique and would be shared by all properties alike in the immediate vicinity of the property and in the same district because the hardship was self-created. The variance does not observe the spirit of the Ordinance and would change the character of the district because it would establish a set-back line less than required by the Ordinance. Be it RESOLVED, that the application be denied. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. -Rosenbefg, and Mr. Doyen. Southold Town Board of Appeals -6- April 9, 1959 PUBLIC HEARING: 8:00 P.M. , Appeal No. 148 - Appli- cation of Harold M. Teuber, Main Street, Southold, L.I. , New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 400, Subsection 97 for permission to build and operate a gasoline service station on premises located on the north side of Middle Road, Route 27A, Southold, L.I. , New York, and bounded north by H. Tuthill, east by D. Driscoll, south by Middle Road, Route 27A, and west of C. Van Duzer. Fee paid $15.00. Chairman read application for special exception, legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAIRM&N: Is there anyone present who wishes to speak for this application? HAROLD M. TEUBER, Southold, New York: I will try to give you any information you might like to know. CHAIRMAN: Do you have anything to add to what you have stated in the application? MR. TEUBER: I do not thine there is anything else necessary to be put in. CHAIRMAN: Will you be the owner or will you lease it from ESSO? MR. TEUBER: I own the property. CHAIRMAN: Would it be leased back? Would you lease the land, they would construct the service station, and then: they would lease it back to you? 1�2. TEUBER: Right. CHAIRMAN: Do you think you could sell a lot of gas -up there? MR. TEUBER: With the traffic, I think I could. I under- stand the State will take over that particular part. CHAIRMAN: Do you have any objection if we should grant this with a time limit imposed on when you will use the property? MR. TEUBER: That would only be fair to allparties con- cerned. CHAIRMAN: Is there any one present who wishes to speak against this application? (No one wished to speak. ) Mr. Teuber then presented a statement of his character and Southold Town Board of Appeals -7- April 99 1959 good intentions with regard to the erection of the proposed service station. CHAIRMAN: Does anyone have any questions to ask. of Mr. Tueber? (No one wished to speak. ) Resolution offered by Mr. Bergen, seconded by NIr. Doyen and carried, 'Whereas application of Harold M.Teuber, having been considered at Public Hearing No. 148 on April 9, 19599 and the special exception does observe the spirit of the Ordin- ance and would not change the character of the district because this area is zoned for business and gas stations are permitted in a business district by Special Exception of the Board of Appeals. Be it RESOLVED, that the application be granted under the following conditions: 1. Location: North side of Middle .Road, Route 27A, Southold, L.I. , New• York, and bounded north by H. Tuthill, east by D. Driscoll, south by Middle Road, Route 27", and west by C. Van Duzer. 2. Signs to be in accordance with Article IV Section 408 of the Building Zone Ordinance of the Town of Luthold. 3 . No major repair work shall be performed in the open. 4. Pumps, lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or highway, right of way or property line. 5'. All fuel or similar substances shall be stored at least fifteen (15) feet distance from any street or lot line. 6. No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles, other than those being serviced, shall be permitted. 7. Application for a building permit must be made within one (1) year. Vote of the Board: Ayes :- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Doyen. PUBLIC HEARING: 8:15 P.M. , Appeal No. 150 - Application of Robert Hyatt for H. R. Halsey, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306, Southold Town Board of Appeals -t3- April 9, 1959 for permission to reduce front yard set-back on a corner lot. Lots 11, 10, and-1/2 of 9, east side of Reydon Drive, Reydon Shores, Southold, L.I. , New York. Fee paid $15.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? ROBERT HYATT, Southold, New York: I will try to explain the layout. CHAIRIIHA.N: Did you go ahead on this after you had it surveyed and layed out? MR. TERRY: It was necessary to build there in order to get the cellar dug, the land slopes a great deal. (Mr. Terry explained the layout of the neighborhood. ) (Mr. Doyen asked several questions relative to tie sketch submitted. ) CHAIRMAN: Suppose the owner wants to split the land some- time in the future? MR. HYATT: They could not split because the house is centrally located. CHAIRMAN: Mr. Halsey is the owner of the house? MR. HYATT: Yes. Resolution offered by Ir. Doyen, seconded by Mr. Rosenberg and carried, Whereas application of Robert L. Hyatt, for H. R. Halsey, having been considered at Public Hearing No. 150, on April 9, 1959, and the special exception does observe the spirit of the Ordinance and -would not change the character of the district because the topograhy of the land makes this the most desirable location for the house and improves the appearance of the neighborhood, and all the provisions of the Ordinance relating to special exception have been complied with. Be it RuSOLVED, that the application be granted as applied for. Vote of the Board: Ayes:- Mr. Gillispie, ivIr. Bergen, Mr. Rosenberg, and Mr. Doyen. The minutes of the meeting of April 2, 1959, on motion of Mr. Rosenberg, seconded by Mr. Bergen, and carried, were approved as submitted. Southold Town Board of Appeals -9- April 99 1959 Vote of the Board: Ayes :- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Doyen. Thomas Jurzenia, Silvermere Road, Greenport, New York, called the office prior to the meeting of the Board of Appeals and requested that the hearing relative to the special exception (Appeal No. 145) be recessed until a later date. Mr. Charles King, Proprietor of wings Store, East Marion came before the Board for an informal discussion. Mr. Piing has an option to buy the property where his store is located -- North side Main Road, approximately 100 ft. west of the Post Office, East Marion. - Mr. King wishes to demolish the present store and buildings and build two new stores which would be connected. Mr. King 's Store is, at present, non-conforming and the Board advised that they have no jurisdiction to give him permission 'to build a new store. the Chairman read Article X, Section 1007 of the Zoning Ordinance pertaining to non- conforming uses. -- After considerable discussion Mr. King was advised that he should have his neighbors on either side join with him and apply for a change of zone to "B" Business to the Town Board, and ask that the Post Office and fire house be in- cluded in this change. The next meeting of the Southold Town Board of Appeals will be held on Thursday, April 169 1959; 7:3 0 P.M. , at the To.i;m Clerk's Office, Main Road, Southold, On motion of Mr. Doyen, seconded by Mr. Bergen, and carried it was RESOLVED, that time and place be fixed for the following public hearings to be held by the Board of Appeals of the Town of Southold at the Town Clerks Off ice, Main Road, Southold, New York, on April 23 , 1959: 7:30 P.M. (E.S.T. ) , upon application of Stephen Irimescu, Private Road, Box 356, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, ,Section 307, for permission to reduce east side yard on property located on the west side of North Bay View Road, Southold New Yorke and bounded north by Goose Creek, east by Mallgraf, south by Private Road, and west by Sayre and Young . 7:45 P.M. (E.S .T. ) , upon application of George F. Grathwohl for Elsie Grathwohl, New Suffolk Lane, New Suffolk, New York, for variance in- accordance: with the Zoning Ordinance, Article III, Section 3039 and Article X, Section 1000A, for permission to dedicate the following described lot to the Town of Southold: Located on the north west side of Grathwohl Road, New Suffolk, New York, bounded north by other lands of the applicant , east by Grathwohl Road,south by W. Blanchard, and west by West Creek. Southold Town Board of Appeals -10- April 97 1959 8:00 P.M. (E.S .T. ) , upon application of Helen G. Cochran, for Terry Waters , Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 3A for permission to dredge and use for boat basin, property located on the south east corner of Terry 'Waters Property, bounded north by Lot 89 east by other lands of Terry Waters, south byeconic Bay, west by Lot 7, and Rambler Road, Southold, New York. 8:15 P.M. (E.S.T. ) , upon application of Nichols Properties, Inc. , Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 , and Article X, Section 1000A, for permission to reduce frontage and use as single lot, property located on the west side of Minnehaha Boulevard, Laugh- ing Waters, Southold, New York, bounded north by Nichols Proper- ties, Inc. , east by Minnehaha Boulevard, south by H. Currie, and west by Ymappand Byrnes. It was further RESOLVED, that legal notice of hearing is to be published in the official newspaper on date of April 17, 1959� Vote of the Board: Ayes :- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Doyen.. Meeting adjourned at 11:15 P.M. Respectfully submitted, Judith T. Boken Secretary �� \0 e