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Home My WebLink AboutZBA-02/28/1963 } oS�FFUUr�o S0UTH0LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles 'Gregonis; Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U T 'E S SOUTHOLD TOWN BOARD- OF APPEALS February 28, 1963 A regular meeting of the Southold Town Board of Appeals was held -7:30 P.M. , Thursday, February 28, 1963 at- the Town Office, Main Road; Southold, New York. . There were present: Messrs. Robert W. Gillispie, Jr. , Chairman, Robert Bergen, Charles Grigonis, Jr. , and Fred Hulsey. Jr. .Absent: Mr. Serge- Doyens Jr. PUBLIC HEARING: Appeal 'No. 545 - 7:30 P.M. '(E.S.T. ) , upon application of- Eliza S. Barkers Love Lane, Mattituck, New York, for a variance in accordance with the' Zoning Ordinance, Article . IV, Section 403, and Article IV, Section 406, for permission to exceed the minimum percentage of usable lot area and reduce the rear setback. Location of property: west side Love Lane, Mattituck, New York, bounded north by G. H. Riley, east by Love'Laney South by G. H. Riley, and west by G. H. Riley. Fee paid $5. 00. ' ; . Southold Town Board ,of' Appeals -2- February 28, 1963 The Chairman opened the hearing by reading application foV, a, variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN Is there anyone present who wishes to speak for -' ' this application? MR. ROBERT BARKER: I speak for it. We need more space for storage at the drug store and_ we -cannot expand in any other way. The rear yard is 18 ft.. and' I wish, to use 15 ft., for the addition.; - iri . THE` CHAIRMAN: what is/the rear''of the proper-ty_ MR.' B�RKER: The .bank has- purchased some vacant land there and.will black-top it. and .there will be a parking lot. - THE' CHAIRMAN: By increasing the size of the store you will also increase the living quarters above the stored is that . correct? MR.. BARKER: That is right. The stairway for the apartment above will be inside, of the lower store. 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. ) ' '- . After investigation and inspection the '-Board finds thlat the applicant, , .in order to rebuild the rear entrance -and increase the area of the store, must use more than 70/ 'of the lot and build within 3 ft. of- the rear line., .The adjoining,-property in the rear of the store is at present being cleared and will be _,improved as a parking area for .the North Fork 'Bank. It is the opinion of the Board that .this addition will, greatly improve the character of' the area. Southold Town Board of Appeals - -3= February 28, 1963 The Board finds `that- the strict application of the Ordinance will . -produce practicals�difficulties -or unnecessary hardship; ,the hard- ship 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; - and the variance 'does observe the spirit of the' Ordinance and will not change the character of the distrIct. . On motion . of:Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that.Eliza Barker be granted permission to' erect . an, addition on the rear of Barker's Pharmacy, .west side'Love 'Lane, Mattituck, New York., This 15 ft. addition shall be erected no closer than 3 ft. t o the rear property line and shall be no wider. than the existing building which is now 24. 9 ft. Vote .of the Board: Ayes:- Mr. Gillispie, _ Mr. Bergen, Mr. Grigonis, and Mr. Hulse. On mourn of Mr. Gillispie, . seconded by Mr. Grigonis, 'it was RESOLVED that the minutes- of February 14, 1963 be approved as submitted. Vote. of the Board: Ayes: Mr. .Gillispie, Mr. Bergen, Mr. Gr igonis, and Mr. Hulse. PUBLIC HEARING: Appeal No. 547 - 8: 00 P.M. (E.S.T. ),, upon application 'of Baker and Fickeissen,. Southold,, New York,...a/c' Ephriam' Cross, Bay Shore Road, . Greenport, New •,York, . for a .variance in accordance with the Zoning Ordinance, Article III,'. Section 304, for permission to reduce the front yard setback to 32 feet. . Location of property: east side Bay Shore Road, Greenport, New York, Lot No. 51 on map. of', Peconic Bay Estates, 'bounded north by-C. E. -Landsberry, east by Peconic •Bay, 'south by, W. J. Moyer, and west by Bay .Shore' Road. Fee paid $5. 00. . The Chairman opened the..hearing 'by reading application for: a variance, legal notice of hearing, affidavit attesting to its publication to the legal newspaper and notice to the applicant. Southold. -Town Board of' Appeals -4- . " February 28, 1963 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' CHAIRMAN: I understand that this addition is now going to be 12 , ft. in depth rather -than 16 ft. as applied for,. therefore the setback will 'be 36 ft. rather than. 32 ft. 'Are there any other questions? (There was no response. ) After investigation and inspection the Board finds that- the ,applicant cannot- add to his dwelling unless -he places the addition on the front. In doing this the fm nt yard setback would be .reduced ` to 36 feet. The existing dwelling . is located approximately 48 feet - from the front property_'line and the - existing average setback line for the area is approximately 48 feet. In the neighborhood,, in fact .on the adjoining property to the north, there are garages set in the front yard area, some directly on the .front--property line. The Board finds that the'. strict ,application of the Ordinance will produce practical difficulties or unnecessary hardship; , 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; and the variance does observe the spirit of the Ordinance and would not-. change the character of the district: On motion . of: Mr. Gillispier seconded by Mr. Bergen, it was RESOLVED that- Baker and Fickeissen- be granted permission: to reduce the. front yard setback on the property of� Ephriam Cross,' Bay- Shore Road,. . Greenport; New York to 36 feet. This 12 ft. addition to the front of the existing dwelling shall in no way encroach upon ,the side -lines of the property which are presently 10 ft. on' the north. and 16 -ft. on the south. This property is Lot No. 51' on map of Peconi,c Bay,Estates. Southold Town Board of- Appeals -5- February 28,. 1963 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,. Mr. Grigon s, and Mr. Hulse. PUBLIC HEARING: Appeal No. 546 .- 8: 15 P.M. (E.S.T. ) , upon application of William G. Cox,. Track' Avenue•i Cutchogue, . New York.. - for a variance in accordance with the Zoning. Ordinance,: Article III, Section 303, and Article X, Section 1000A, for permission to divide property into two lots leaving one lot with insufficient frontage. . Location of property: south side Track- Avenue.. Cut.chogue, . New York, . Lots 53, 54 and 55: on map of M. S. ,Hand- bounded. north by . . . Track- Avenue, east-by N. Plimpton and J. Mitchell, south by S. Anabel. and V. . Anabel, and west- by- S. J. Ryniec. Fee paid $5. 00. The Chairman opened the hearing by reading. application for a variances legal notice of hearing, affidavit attesting' to its publication in the official newspaper and notice to the applicant. THE- CHAIRMAN: Is there anyone present who wishes to: speak for this application? MR.. RALPH 'COX: I represent William Cox, my son. He bought the property in 1.959, The property was originally , laid out in 60 ft. .lots. THE CHAIRMAN: If this variance is granted the buyer of the 80 ft. lot- will be required to adhere to the minimum front yard and side yard setback restrictions. MR.. -COX: 'Yes, he will.- do, that. THE CHAIRMAN: I s there anyone present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Are there any questions ? (There was no response. ) Southold Town Board of Appeals -6- February 28, 1963 After investigation and inspection the Board finds that the applicant is the owner of a parcel of land 180 ft. in width by approximately 167 ft. in depth. This property was purchased in 1959 as three 60 ft. lots in the M. S. Hand Subdivision. This subdivision was laid out in mostly 50 ft. lots and was not one of the approved maps at the time of the enactment of Zoning. Some of the lots in this subdivision are used as single lots and some were purchased as double lots therefore a division of this parcel into a 100 ft. parcel where Mr. Cox=s residence exists, and an 80 ft. vacant lot would be in conformity with the neighborhood. The, Board finds that the strict application of the Ordinance would produce practical difficulties or unnecessary hardship; 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; and the variance does observe the spirit of the Ordinance and would not change the character of the district. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that William G. Cox, Track Avenue, Cutchogue, New York, be granted permission to divide lots 53, 54 and 55 in the M.. S. Hand Subdivision into two parcels. One parcel shall have 100 ft. frontage where the dwelling exists and one parcel shall have 80 ft. frontage and is vacant. It is a condition of this Board that there shall be no front, side or rear yard variances sought for the 80 ft. lot. The setback has been established as 412 ft. for this 80 ft. lot. vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, . Mr. Grigonis, and Mr. Hulse. The next meeting of the Southold Town Board of Appeals will be held 7: 30 F.M. , Thursday, March 14, 1963 at the Town Office, Main Road, Southold, New York. On motion of. Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7: 30 P.M. , Thursday, March 14, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Robert H. Preston, Southold Town Board of Appeals -7- February 28, 1963 ,2 Middleton Road, Greenport, New York, a/c Sterling Harbor Marina, Inc. , for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for per M ssiat._.1rtto erect and maintain a directional sign on the property of Augustus Straussner, corner of Soundview Avenue and North Road, Greenport, New York, bounded north by Joseph Brandi, east by- Sound Ave,, , south by Main Road, and west by Augustus Straussner. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. On motion of Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Board of Appeals set 8: 00 P.M. (E®S.T. ) , Thursday, March 14, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of R. G. Terry, Jr. , Southold, New York, a/c Flora F. Lesser, 20 East 74th Street, New York- City, New York, for a variance in accordance with the Zoning Ordinance, Article III,. Section 303 and Section 307, and Article X= Section 1000Az for permission to reduce frontage and side yard of a multiple residence in the "B" Business District. Location of property: south side Main Street, Southold, New York, bounded north by Main Road,, east by Paul L. Diefenbacher, south by Downs Estate, et al® , and west by other land of Flora F. Lesser. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. It was further RESOLVED that legal notice of hearings be published in The Suffolk Times on Friday, March 8, 1963. Vote of the Board: Ayes: - Mr. Gillispie,, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. Meeting adjourned at 9: 30 P.M. Respectfully submitted, Judith T. Boken, Secretary i an