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HomeMy WebLinkAboutZBA-01/26/1961 : �o��FFo��oG . o Southold Town Board of 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 -'r _E' S SOUTHOLD TOWN B.OARD' QF 'APPEALS January 26, 1961. A -regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. , Thurs.day, _ January 2.6, 156.1 at the Town Clerk Office, Main- Road, Southold, New York. There were Ix-esent: Messrs. Robert- W. Gillispie-, Jr. , Chairman, Herbert Rosenberg, and -Charl-es� Grigonis, Jr. Absent: Messrs. Robert Bergen, and Serge Daylen, . Jr. PUBLIC HEARING: Appeal.-No. 340. 7:3 0 P.M' (E.S.-T. upon .applicationof= Noel- Albrecht, Mattituck, New York,- a/c John Loper, Jr. , . Matt.ituck, Now York, for. a- variance in accord- ance with the Zoning, Ordinance,_. Article III, Section, 3Q3, . and Article 'X, :S'eetion .1000A, fox_ permissign.-.to reduce lot .area. ..and use as- a s,ingle . lott property located on the west.-side -.Wells. Road, Laurel, New York, bounded north by _Katherine Tuthill, east by Wells Road, south by Katherine Tuthill, and.:west by Katherine Tuthill. Fee -paid $15.00. -TheChairman* opened the hearing by :reading notice.,of . disapproval issued by. the Building Inspector, application Southold Town Board of Appeals -2-- January 26, 196l for a 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. NOEL ALBRECHT, Mattituck, New York: There is nothing much to. say other than what was stated in the application. I have the recorded deed here. THE CHAIRMAN: It .should be noted in the record that several members of the Board have visited this property. MR. ALBRECHT: Other than the ,fact Mrs. Tuthill-already-had subdivided the lots, 'I am sure she .wanted to get .three parcels -out. of that. sectioxl, and Mr. John Loper purchased this property figuring ,he could build on it, I think he should be granted this variance. -Otherwise possibly. Mrs. Tuthill .would have to subdivide the lots and Mr. Loper would have to buy .additional land from her 'which,would cost him additional money. THE CHAIRMAN:. That would be a matter between Mrs.Tuthill and..Mr. Loper. Is there anyone .-else present who. wishes to speak for this application? (There was no responses ) THE CHAIRMAN: Is there anyone present who wishes to speak .against-.this appli-cat ion? (There -was no response. ) THE CHAIRMAN: Are there any questions? MR. ROSENBERG: Mr. Albrecht did you makd out this application? MR. ALBRECHT-. Mr. Terry typed it out. MR. ROSENBERG: Actually. there. is Qnly slightly over: 10,000 . square feet, in this lot, rather than ,12,000 square feet -as the . application indicates. MR. ALBRECHT: That is. correct. Southold Town Board of Appeals -3- January 26, 1961 MR. ROSENBERG: Actually Mrs-. Tuthill should not have sold' this parcel. The -State charges $250. to anyone who does that. This deed was made by an individual other than an attorney, an ..attorney would not -have permitted this sale. We have been in touch with Mrs. Tuthill and she is willing to enlarge the parcel to make it. 12,5.00 sq. ft. and it would not -affect -the frontage. They will take about 812, ft. from the Lot No. 35 ' and add it. to Lots 34. and 33. The lot line could be drawn down to the southeast corner of lot .35 and. Lot 35 moved into Lot .34 to produce the 12,500 sq. ft. Therefore a variance would not be necessary. A correction deed could be issued. MR. ALBRECHT: I believe that would be much more favorable to Mr. Loper if it is done that way. Resolution was offered by Mr. Rosenberg, seconded by Mr. Grigonis, and carried, WHEREAS application of Noel Albrecht, a/c .John Loper, Jr. , having been considered at Public Hearing No. 340 on .January 26, 1961, and the Board finding that strict application- of- the Ordinance would not produce undue hardship because applicant purchased the parcel knowing that' it contained less than the 12,500 sq. ft. required by the Ordinance, thus creating a self-imposed hardship. The hardship. created. is not unique and .would be shared by all properties alike in the immediate vicinity of this property and in the same use district because this is a newly created undersized lo.t .and the adjoining lot to the south is also undersized. This is an illegal lot. The variance does not observe the spirit of the Ordinance and .would .change the character of the district because to permit this undersized .l-ot would create a precedent in an area that is just starting to develop. There is sufficient land to increase this lot to the proper size, therefore be it RESOLVED that this application be denied. The seller, Mrs. Katherine Tuthill, has agreed to redivide this entire piece of property so that the present applicant, Mr. John .Loper, Jr. , will have at least, 121500 sq. ft. and the lot to the south will contain at .least 12,500 sq. ft. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr.. Grigonis. Southold Town Board of-Appeals -4- January 26, 1961 The minutes of the meeting of.- January 17, 1961, on motion of Mr. Rosenberg, . se(D nded by Mr. Grigonisi and -carried: were approved as submitted. Vote of the. Board: Ayes:- Mr. Gillispie, .Mr. Rosenberg, and. Mr. Grigonis. PUBLIC HEARING.; Appeal No. 341 -- Upon application of-James and Claudia Darden, Montauk Highway, Bridgehampton, New York, for recognition .of access in ,accordance with New York State Town Law, Section 280A. Location of property: north side Main Road, Mattituck, New York,, bounded north byland of .Junius Hubbard, east by land of Herman Hubbard, south by land of Herman Hubbard, and west .by 'land of Maston. No fee necessary for access. s The Chairman opened the hearing by reading application for recognition of- access, 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? . (There was no response. ) THE. CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) THE .CHA.IRMAN: ,Are there any -questions"? (There was no response. ) THE CHAIRMAN: Mr. and Mrs. Darden appeared before the Board on January 17th and discussed this matter with us and they were advised it would not be necessary for them to appear tonight. Resolution was offered by Mr. Grigonis, seconded by Mr. Rosenberg, and carried, WHEREAS "application ,of James and Claudia Darden having been considered alcring strict•-:application January 26, 1961 and the Board finding- that of. the ordinance would produce undue hardship applicant would be Southold Town Board of Appeals -5- January -26, 1961 unable to build on plot without recognition Qf access. A wider access had been . suggested but adjoining property owner refused, to cooperate. 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 no similar situation -with .regard to access -exists in the area. The variance does observe the spirit of the Ordinance and.would not change the character-of the district because this is the recognition of .an existing driveway to the lot in question, therefore be it. RESOLVED that James and -Claudia Darden be granted recognition of access to their lot located on the north side Main Road, Mattituck, New York. Vote of the .Boardz Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 339 - Upon application -of William M. Beebe, New Suffolk Lane, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection ll, - for permission to erect and maintain a commercial advertising sign on property of'William M. Beebe, south side Eugene Road, Cutchogue, New York, bounded north by Eugene Road, east .by William M. Beebe, and others, south by William-M. Beebe and others, and west by-William M. Beebe and others. 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 officialnewspaper. THE CHAIRMAN; Is there anyone 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 -6- January 26, 1961 THE' CHAIRMAN: Are there any questions? MR. ROSENBERG: This is not part of the subdivision"Moose Cove" according to Mr. Beebe's own statement, this is meadow land and not suitable for residential purposes. This is an advertising Sign, and it is to be 4 by '8 ft. and gives Mr. Beebe's telephone number. He does .not want to- advertise the . subdivision, he wants to advertise his business. Resolution was offered by Mr.. -Grigonis, seconded by Mr. Rosenberg, and. carried, WHEREAS. application -of 'William M. Beebe, having been considered at Public Hearing No. 33.9 -on- January 26, . 1961, and the Board finding that the public -convenience and welfare and justice will not be served and the . l;egally established or permitted use -of neighborhood proPerty and adjacent use .districts will be permanently or' substantially injured and the spirit.of the Ordinance would not be observed, therefore be it RESOLVED that William M. Beebe be denied permission to erect .commercial advertising sign. The Board finds from its -own knowledge that the proposed location of this sign is not on the filed subdivision, . Moose Cove, filed in 1960, but' as stated in the .application is on meadow land .which is presently zoned residential-agricultural. It is against the Zoning- Ordinance to permit. a business sign in a residential area, as this is not a real estate. sign for the sale of lots or acreage, it is simply a .sign, advertising Mr. Beebe's building business. This Board may not accord a right to one that is denied to everyone- else. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. The Board forwarded a letter to Howard M. Terry, Building , Inspector, requesting that he . refrain from preparing applications for appeals. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M. , Thursday, February 9, 1961. at the Southold Town Board of.Appeals -7- January 26, 1961 Town Clerk office, Main Road, .Southoldp New York. Meeting. ad;journed at 9:30 P.M. respectfully submitted, XL Judith. T. Boken ,Secretar y 1 oar