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HomeMy WebLinkAboutZBA-12/15/1960 } Y - D�, y� En An Southold Town Board , ®f Appeals S O UTH O LD, 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 December 15,,. 1960 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M_ f Thursday.— December 1:5, 1960 at the Town Clerk Office, Main Road,. Southold,, New York. There were present: Messrs. Robert W. Gillispie, Jr_ , Chairman, Robert Bergen, , and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr. , and Serge Doyens Jr. " PUBLIC HEARING: Appeal No. 3.34 -- 7:30 P.M. (E.S.T. ), upon application of Goldsmith Brothers., Southold# New York, a/c David McConnell, . Bay View Road,,. Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III,. Section 3000 Subsection 7, for permission to build private garage with reduced setback. Location of property: south side Bay View Road,. Southold,, New York.., bounded north by Bay View Road, east by Paul Miller, south by other land of D. McConnell, and west by private road. Fee paid $15. 00. The Chairman opened the hearing by reading notice of dis-- .-a.pproval issued by the Building Inspector, application for a Southold 'Town Board of Appeals -2- December 15, 1960 variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN; Is there anyone present who wishes to speak for this application? MR_ ALFRED GOLD SMITH, Southoldt New York; We have already put the foundation up and I had no idea the 50 ft. setback from the private road was required. I knew it was required to be 50 ft. from Bay View Road. We tried to center the garage with the center of the back of the house. THE CHAIRMANz There is no question about it being in the rear yard area. MR. GOLDSMITH: Mr. McConnell owns the property behind the house also. THE CHAIRMAN: There is a note in the file stating that the property is 55 ft. on Bay View Road and 300 ft. on the private road. How private is that road? MR. GOLDSMITH: There are roads that go down into that neighborhood; There are about seven houses down the road. They either use this private road or the other one that goes down tat way. THE CHAIRMAN: Where will the garage door be located? MR. GOLDSMITH: Facing the house. He comes in off the private road and then- makes a turn into the garage_ THE CHAIRMAN: Is there anyone else 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_ ) / t Southold Town Board of Appeals -3- December 15, 1960 Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg,, and carried, WHEREAS application of Goldsmith Bros- , a/c David McConnell, having been considered at Public Hearing No. 334 on December 15, 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because it would be impossible for applicant to maintain a 50 ft.. setback which is required for a detached garage; because this is a corner lot and the width of the lot is 55 ft. 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 because this is the narrowest lot in the entire area and a corner lot established prior to the enactment of the Zoning Ordinance. The variance does observe the spirit of the Ordinance and would not change the character of the district because the garage will be located in the middle of the rear yard area of this 50 ft. lot, therefore be it RESOLVED thct- Goldsmith Bros., a/c David McConnell be granted permission to locate private garage with reduced setback. The Board is of the opinion this is the best location on the lot that can be found for this garage. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr_ Rosenberg. PUBLIC HEARING: Appeal No. 335 -- 7:45 P.M. (E.S.T. ) , upon application of Suffolk Outdoor Advertising Company, Inc. , Box 624, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for permission to erect and maintain a commercial advertising sign on the property of Ernest C. Tuthill, south side Middle Road (Route 27A) , Mattituck, New York, bounded north by Middle Road (Route 27A) , east by other land of E. C. Tuthill, south by Railroad and west by J, C. Tuthill. Fee paid $15.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper_ Letter of permission fm m the property owner, Ernest C. Tuthill was read and a letter from Suffolk Outdoor Advertising Co. , Inc. requesting a postponement of the hearing because they are unable to attend Southold Town Board of Appeals -4- December 15, 1960 the hearing on this date, THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response, ) THE CHAIRMAN: Is there anyone present whowishes to speak against this application? ( There was no response. ) On motion of Mr. Bergen, seconded by Mr. Rosenberg, and carried, it was RESOLVED that hearing upon application No. 335 be recessed tentatively until 8: 30 P.M. , Thursday, January 5, 1960. It was further RESOLVED that a letter beforwarded to Suffolk Outdoor Advertising Co, , Inc_ notifying them of this new date. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The minutes of the meeting of December 1, 1960, on motion of Mr. Rosenberg,. seconded by Mr. Bergen, and carried, were approved as submitted. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The minutes of the meeting of December 5, 1960, on motion of Mr. Bergen, seconded by Mr. Rosenberg, and carried, were approved as submitted. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen; and Mr. Rosenberg.. Mr, Joe Mitchell, Cutchogue, New York, appeared beforethe -Board of Appeals for an informal discussion. Mr. Mitchell wishes to build a new home on the corner of Stillwater and Track Avenue, Cutchogue. His lot size is 100 ft. by 150 ft. He wishes to face Southold Town Board of Appeals --5-- December 15, 1960 the house with attached garage on Stillwater Avenue and that does not give him enough room for the garage. The Board advised that they would go to Cutchogue on Saturday, December 17th. to investigate the situation. PUBLIC HEARING: Appeal No. 336 - 8:45 P.M. (E.S.T. ) , upon application of Mattituck Docks, Inc., Rudolph Kammerer, Manager, Naugles Drive, Mattituck, New York, and Jean Fenmore, Naugles Drive, Mattituck, New York , for a variance in accordance with the Zoning Ordinance, ArticleV, Section 504, for permission to reduce frontage in "C" Industrial District. Location of prop- erty: north side Naugles Drive, Mattituck, New York, bounded north by other land of Mattituck Docks, Inc. , east by Aycardi, south by Naugles Drive, and west by Jean Fenmore, Fee paid $15. 00_ The Chairman opened the hearing by reading notice of dis- approval issued by the building inspector, application for a variance, legal notice of hearing and affidavit attesting to .its publication in the official newspaper_ THE CHAIRMAN: There is another section of the Ordinance which should be included in your application because you are reducing frontage. Article X, Section 1000A must be included to make your application legally correct. Article X, Section 1000A prevents anyone from dividing property and having the remaining portion undersized. Does this have your approval, Mr. Kammerer? MR. KAMMERER; Yes, it is for our own benefit. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, and .carried, it was RESOLVED that the application No_ 33.6, Mattituck Docks and Jean Fenmore, be amended to include Article X, Section 1000A. Vote of the Board: Ayes:- Mr, Gillispie, Mr. Bergen, and Mr. Rosenberg. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. KAMMERERz I wish to install a $12, 000 scale on the property I am now leasing, as described in the application, and Southold Town Board of Appeals -6- Decmeber 15, 1960 I do not want to install it on rented property or on a right- of--way. The scale will be 50 ft. long. If we purchase this 30 ft, piece of property, Mr.. Fenmore will be left with 50 ft. frontage on Naugles Drive. We are actually adding to the property we formerly purchased from Fenmore in the rear of this parcel in question. . THE CHAIRMAN: Is there anyone else 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. ) Resolution was offered by Mr, Bergen., seconded by Mr. Rosenberg' and carried, WHEREAS application~ of Mattituck Docks, Inc. , Rudolph Kammerer, Manager, and Jean Fenmore, having been considered at Public Hearing No.. 336 on Decenb er 15, 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because the only access available to this property of several acres in the rear is by this 30 ft. right-of- way presently owned by Mrs. .Fenmore and to deny the purchase of this existing right-of-way would be an undue hardship. The situation is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district because parcel in the rear owned by Mattituck Docks, Inc. does not have access to Naugles Drive and this variance would make a 30 ft. right-of-way possible, The variance cbes observe the spirit of the Ordinance and would .not change the character of the district because applicant has been renting this property and wishes to purchase same -and erect a scale and use the property as a rightOf--way to Naugles Drive, therefore be it RESOLVED that Mattituck Docks, Inc. , and Jean Fenmore be granted permission to reduce frontage on "C" Industrial District property located on the north. side of Naugles Drive, Mattituck, New York. The proposed purchase will not change the use of the property. The property will be used substantially the same way it has been in the past. The proposed scale will be located 50 ft. back from the front lot line. Vote of the Board: Ayes:- Mr. Gillispie, Mr, Bergen, AND Mr. Rosenberg. Southold Town Board of Appeals -7- December 15; 1960 Mr, Donald Frederick, Southold, appeared before the. Board of Appeals for an informal discussion relative to appeal for a variance to the Zoning Ordinance he made on behalf of Atthur Ueland#_ "and which was denied. Mr. Frederick presented a letter from Mr. Ueland requesting consideration by the Board in granting the appeal and a letter from Mr. Baker, a neighbor of the Uela nds on Sound View Avenue, stating that he is in favor of the variance. Mr.. Frederick wished to know what the difficulty was in granting this variance and the Chairman read:'.the minutes and action of the Board to Mr. Frederick. On motion of Mr_ Gillispie, seconded by Mr. Bergen, and carried, the Board of Appeals set 7:30 P.M. (E.S.T. ) , Thursday, January 5r 1960,E Town Clerk Office, Main Rca d, Southold, New York, as time and place for hearing upon application of G.. W. Smith & Sons, Inc. , Southold, New York, a/c Chester Jordan for a special exception in accordance with the Zoning Ordinance, Article 114, Section 306, for permission to reduce front yard setback on a corner lot. Location of property: south side Pine Neck Road, and east side Oakwood Drive# Southold, New York, bounded north by Pine Neck Road, east by Lucy Leight, south by Southold Development Corporation# and west by Oakwood Drive.. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. It was further RESOLVED that legal notice of hearing be published in the official newspaper under date of December 29, 1960. Vote of the Board: Ayes:- Mr. Gillispie, Mr, Bergen, and Mr. Rosenberg. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M. *_ Thursday, January 5, 1960 at the Town Clerk Officer Main RGEL d, Southold, New York. Meeting adjourned at 10: 00 P.M. Respectfully submitted, LU Judith T. oken, Secretary Ch uman Bolyd 01