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HomeMy WebLinkAboutZBA-11/16/1961 ��S�FFOL,��oG T Southold Town Board of Appeals SOUTHOLD, 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 November 16, 1961 A regular meeting of the Southold Town Board of-Appeals was held 7:30'P.M. , Thursday, November 16, 1961 at the Town Clerk Office, Main Road, . Sathold, New York. There werepresent: Messrs- Robert-W. Gillispie, Jr. , : Chairman, Robert Bergen, Herbert Rosenberg, . Charles Grigonis, Jr. , and Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 418 — 7:30 P.M. (E.S.T. ) , upon application of A. Reilly & Sons, Inc. , . Shore'Acres, Mattitucki 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 directional and advertising sign on the property of Frank- Z. Doroskis corner of Sound Avenue and Bergen Avenue, Mattituck,' New York. Fee paid $15. 00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attesting to its publication in the official newspaper. Southold Town Board of'Appeals -2- November 16, 1961. 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. ) On motion of Mr. Gillispie, seconded by Mr. Bergen, it was YESOLVED that this hearing upon- Appeal No. 418 be recessed until after 8:30 P.M. so that Mr. Reilly will have an opportunity to appear. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that the minutes of the meeting of October 26, 1961 be approved as submitted. vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis,. and Mr. Doyen. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the meeting -of November 6, 1961 be approved as submitted. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: Appeal No. 419 - 8: 00 P.M. (E.S.T. ) , upon. application of Maurice and Marion C. O;Connor, 26 Furwood Drive, East Northport, New York, for recognition of access in accordance Southold Town Board of Appeals -3- November 16, 1961 New York State Town Law, Section 280A. Location of property: north side Major's Path, east side Horton's Lane, Southold, ' New York, bounded north by Shepard, east by 0. M. Overton, south by private road known as Major's Path, and west by 0. M. Overton. Fee paid - none - access. 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? RENSSELAER G. . TERRY, JR. , ESQ. ' Southold, New York: I appear in behalf of Mr. and Mrs. O'Connor. I do not know whether a map has been filed with you but I have a copy of the map. that was furnished to the title company. This lot is a distance of 146 feet from Horton Lane. Originally Mr. Overton opened that road and intended to dedicate it to the Town of Southold and it was widened to 50 feet. There had been some problem with the owner- ship of the property, but that is cleared up now. I believe that the road will be offered to the Town for a public highway in the future. Mrs. Overton has reserved the right if the Town will take it. THE CHAIRMAN: How is the condition of Majors Path? MR. ROSENBERG: I have been up there. I was there yesterday. This originally was Laid :... out for 50 feet but at the present time it is not an acceptable road and is only 9 feet.of passable area. It is nothing but a path. I should think that what they would secure would be temporary access during the course of construction and that by the time a certificate of occupancy is applied for the road would be at least 15 feet. THE' CHAIRMAN: Is this the first sale in this proposed development? MR. TERRY: Yes. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response. ) 0 Southold Town Board of Appeals -4- November 16, 1961 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board of Appeals finds that strict application of the Ordinance would produce undue hard- ship and practical difficulties because this is to be the first dwelling on this private road which the owner: intends to offer for dedication to the Town in the future. A building permit cannot be secured without recognition of access. 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 to be the first dwelling in this proposed develop- ment and the intended width of this road will someday be 50 feet. The variance would observe the spirit of the Ordinance and would not change the character of the district because this area will eventually be a subdivision and the proposed dwelling will be in keeping with the character of the area. On motion of Mr. Rosenberg, seconded by Mr. 'Grigonis, it was RESOLVED that Maurice and Marion C. O'Connor be granted recognition of temporary access until Majors Path can be made 15 ft. in width. The lot is located 146 ft. north of Horton Lane on the northwest side of Major's Path, Southold. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: Appeal No. 420 - 8: 15 P.M. (E.S.T. ) , upon application of Theodore Diachun, Peconic Bay Boulevard, Laurel., New York, for a variance in accordance with the Zoning Ordinance, .article III, Section 307, for permission to reduce side yard setback on lot located on the north side Peconic Bay Boulevard, = Laurel, New York, bounded north by land of George and Theodore Diachun, east by Beatrice M.- Wasson, south by Peconic Bay Boulevard, and west by A. Oakes. Fee paid .$15. 00. - The Chairman opened the hearing by reading application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. Southold Town Board of Appeals -5- November 16, 1961 THE' CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. THEOD.ORE DIACHUN: I do. Mrs. Oakes stated she does not disapprove of this. She would be here tonight but she just arrived back from New York and is tired. (The purpose of this application was to provide 28 ft. of side yard on the easterly side simply for the convenience of parking cars. Finally when it was explained to the applicant that if he placed :his residence on this lot he would be , denying all access to the 21 acres which he hopes to develop. In consequence Mr. Diachun. asked to withdraw his application and he will place his house elsewhere on his property. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Theodore Diachun be granted permission to withdraw his application for a variance. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: Appeal No. 421 - 8: 30 P.M. (E.S.T. ) , upon application of Marycleo Meyer, west Creek' Avenue, 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 and use as single lots premises located in Orient, New York, bounded north by Orchard Street, east by Navy Street, south by land now or formerly of Timothy Burke; and west by Fanny Rackett and Orient Fire House. Fee paid $15. 00. The Chairman opened the hearing by reading application 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 appli cation? Marycleo.Meyer and Edna A. Brown spoke in favor of this application. Southold Town Board of Appeals -6- November 16, 1961 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board of Appeals finds that strict application of the Ordinance would produce undue hard- ship and practical difficulties because the size of this. entire parcel is too great for the one residence which is located on the northerly portion of the lot. 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 largest corner lot in the area and is located next to the fire district property and therefore cannot be enlarged in any §1 way. The variance would observe the spirit of the Ordinance and would not change the character of the district because the parcel will be divided into two lots which will conform with the lot sizes in the area and will be used for residential purposes. On motion of Mr. Grignis, seconded by Mr. Doyen, it was RESOLVED that Marycleo Meyer be granted permission to divide property and use as single lots premises located in Orient, New York., and described as follows: North Parcel:-- Beginning at the intersection of the westerly line of Orient Street with the southerly line of orchard Street and running along said westerly line of orient Street S.07033130"E. 105 .0 feet;thence along other land of Meyer two courses, as follows: (1) N.83030150''W. 127.9 feet; thence (2) N.22007130"E. 15.40feet to land of the Orient Fire District; thence along said . land of the Orient Fire District two courses, as follows: (1) S.76057 ' 30--E. 6 .0 feet; thence (2) N.22007130"E. 94.0 feet to. said-southerly line of Orchard Street; thence along said southerly line of Orchard Street two courses, as follows: (1) S.760751301'E. 8 .05feet; thence (2) S.81041130"E. 59.1 feet to the point of beginning. Containing 9,826square feet. South Parcel:- Beginning at a point on the westerly line of Orient Street 105 .0 feet southerly along said westerly line from Orchard .Street; from said point of beginning running along said westerly line of Orient Street S.07033130"E. 69.75 "feet; thence along land now or formerly of Rackett three courses, as follows: (1) N.81050'50"W. 162.6 feet; thence (2) S.22007' 30"W. 13 .25 feet; thence (3) N.87°46120"W. 27 .0 feet; thence along land of -------- Southold Town Board of Appeals -7- November 16,' 1961 N.21047110"E. 99.03 feet; thence 'along land of- the` Orient- Fire District'-S:76057'30"E. 26 .31 feet; thence along land of Meyer two courses, as follows: (1) S.22007130"W. 15 .4 feet'; thence (2) S.83030'5011E. 127.9. feet-to the point .of beginning. Contain- ing 11, 966 square feet. Vote of the Board: Ayes:- Mr. Giliispie, Mr. Bergen, Mr . Rosenberg, Mr. Grigonis, ... and.Mr. Doyen. PUBLIC BEARING: Appeal No 418 - A.Reilly & Sons, Inc. This hearing was continued- at 9:00 P.M. after being recessed at 7:30 P.M. awaiting the appearance. of Mr.. Reilly orsomeone to represent- him. ,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.) , After investigation and inspection the Board of'-Appeals finds that applicant wishes to erect a business advertising sign between two .and three miles away from his shop. Business advertising signs have not been permitted away from the premises. Permission cannot be granted to this -applicant where it has been denied all others under similar circumstances. The Board finds that. the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the ordinance will not be observed, therefore on motion of Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that A. Reilly & Sons, Inc. be denied permission to erect and. maintain business advertising sign on the property of Southold Town Board of Appeals -8- November 16, 1961 Frank Z. Doroski, Mattituck, New York. Vote of the 'Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. On motion of Mr. Bergen, seconded by Mr. Gillispie, it was 'RESOLVED-thatthe Board of Appeals set Tf 30 P-.M. (E.S.T.) ', Thur sday, ..November 3 0, 1961, Town C lerk Of f ice,­Main 'Road, . Southold,- New York as time and place for hearing upon .application of Frederick Bernhardt, 20 Station Plaza, Great Neck, New York, a/c .-Bernhardt' s Shore Motel,. Depot Lane, Cutchogue, 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 directional . sign on the premises of Mrs. Hull S. Chew, southeast side Main Road (Route 25) , Laurel, New York, . . bounded north by Main Road east-by J. F. Murphy, south by Old Road - Nawrocki, and west by Shell Oil Co. Vote of- the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. on motion of Mr. Grigonis, seconded by Mr. Rosenberg, it was RESOLVED that the Board of Appeals set 7:45 P.M.'' (E.S.T.) , Thursday, ..November 30, 1961, Town Clerk Office, Main Road, .Southold, New York as time and place for hearing upon application of Christian F.Lampe, Peconic Bay Boulevard, Laurel, New York, for a variance in.. accordance with the Zoning ordinance,. Article III, Sections 303, and 306, for permission...to reduce frontage and setback on a corner lot. Location of property: south side Peconic Bay Boulevard, Laurel, .New York, bounded north .by Peconic Bay Boulevard-, east by H. M. Brush, south by other land of C. F. Lampe, and west byL. Plechavicius.. - Vote of the Board: Ayes:- Mr. Gillispie, Mr . Bergen, Mr. Rosenberg, Mr. Grigonis, and,.Mr. Doyen/ On motion of Mr. Doyen, seconded by Mr. Bergen, it was -RESOLVED that the Board of Appeals set 8:15 P..-M..' (E.S.T.) , Thursday, -November 30, 1961, Townclerk office, „Main Road, "Southold, Southold Town Board of Appeals -9- ' November 16, 1961 New York as time and place for hearing upon application of Frank S. Thorp, Gardiners Bay Estates, East Marion, New York, f� a variance in accordance with the Zoning Ordinance, Article III, Section 3031' Article X, Section 1000A, and Section 280A 'of .the New York State Town' Law, for permission to reduce frontage and recognition of access. Location of property: ' south side private road known as South Lane, east of- Gardiners Bay Estates, East Marion, -New York, bounded north by South Lane, east' by L. G. Edwards, south by Gardiners Bay, and west by other- land of F.S. Thorp. Vote of the Board Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. On motion of Gillispie, seconded by Mr . Rosenberg, it was RESOLVED that the Board of Appeals set 8:45 P.M. (E.S.T.) , Thursday, .-November 30, 1961, TownClerk Office, Main Road, Southold, New York as time and place for hearing upon motion cf - the Board of Appeals for a rehearing upon Appeal No. 411 of Frank E. Horn, Island View Lane, Arshamomaque, New York, for a var'inace in accord- ance with the Zoning Ordinance, Article III, Section 303 for permission to reduce area of lot- located- on the east side private road off Island View Lane, Arshamomaque, New York. Property bounded north by Martocci, east by Peconic Bay, south by otherland of F. E. Horn, and west by private right-of-way. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. It was further RESOLVED that legal notice of hearing be published in .the official newspaper on November 24, 1961. Vote of the Board: Ayes:- Mr . Gillispie, Mr. Bergen, Mr . Rosenberg, and Mr.. Grigonis, and Mr. Doyen. the next meeting of the Southold Town Board. of Appeals will be held 7:30 P.M. , Thursday, November 30, 1961 at the Town Clerk office, Main Road, Southold, New York. Meeting adjourned at 10:30 P.M. spectfully submitted, tudith T. Boken, Secretary k