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HomeMy WebLinkAboutZBA-10/10/1963 y pr S0UTH0LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen 44eplaA4 esexberg Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U T-E S SOUTHOLD TOWN BOARD OF' APPEALS October 10, 1963 A regular meeting of the Southold Town Board of Appeals was held 7: 30 P.M. , Thursday, October 10, 1963 at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert-W. Gillispie, Jr. , Chairman, Robert Bergen, and Serge Doyen,. Jr. Absent: Messrs.. Charles Grigonis,_ Jr. , and Fred Hulse, Jr. PUBLIC HEARING: Appeal No. 604 - 7:30 P.M. (E.D.S.T. ) ,, upon application of Fishers Island Fire District,, Fishers Island, New York, for a special exception in accordance with the Zoning Ordinance,, Article III, Section 306, for permission to erect a new fire house with insufficient front yard setbacks on a. corner lot. Location of property: At the intersection of- Equestrian Avenue and Athol Crescent, Fishers Island, New. York, bounded north by West End Land Company, east by Athol Crescent, . south by Equestrian Avenue and Athol-Crescent, and west by Equestrian Avenue. . Fee paid $5. 00. Southold Town Board of Appeals -2- October 10, 1963 The Chairman opened the hearing by reading application for a special exception, 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. HOWARD TERRY: AS County Fire Coordinator 'I feel this is a very good move. MR. SERGE DOYEN, JR. : This is the most logical location for the fire house and the fire house is needed. (The Board discussed with Mr. Doyen the insurance rate on Fishers Island. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board approves of the proposed location for the new fire house at theinter- section of Equestrian Avenue and Athol Crescent. The reduced setback of 16 ft. on Athol Crescent and 20 ft. on.'Equestrian Avenue is found to be sufficient for the proposed use. The premises slopes sharply to the north and the area consists of low marsh land making it impossible to locate the building on any other portion of the property, therefore the building must be kept as far to the south as possible. This reduced setback is found to be generally satisfactory due to the fact this is a fire house and rapid exit by fire equipment in the event of a fire alarm is extremely important. The Boar d finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will ..not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Gillispie,, seconded by Mr. Bergen, it was Southold Town Board of Appeals -3- October 10, 1963 RESOLVED that Fishers Island Fire District-be granted permission to erect a new fire house at_• the intersection of Equestrian Avenue and Athol Crescent,. Fishers Island, New York with a setback of 16 feet from Athol -Crescent and 20 ft. from Equestrian Avenue. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Doyen. PUBLIC HEARING: Appeal No. 605 - 7:45 P.M. (E.D.S.T. ) ,, upon application of Robert Hyatt, Southold, New York, a/c Madeline Nicol, Fleetwood Road, Cutchogue, New York,, for a variance in accordance with the Zoning Ordinance, Article III,, Section 300, Subsection 7, for permission to erect a detached garage in the front yard area. Location of property: east side Fleetwood-Road, Cutchogue,, New York, bounded north by W. A. Kennedy, east by Creek,, south by W. A. Bangert, and west by Fleetwood 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 in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT HYATT: I am the builder. THE' CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) MR. HYATT: This garage will be placed where the old foundation of a prior existing garage was located. The old garage was removed 32 or 4 years ago because of wind damage. Southold Town Board of. Appeals -4- October 10,, 1963 THE CHAIRMAN: Will there be some kind of construction to prevent a car going through the rear wall of the garage and over the bank? MR. HYATT: The garage will have a concrete block wall. (The type of construction of the proposed garage was discussed. THE CHAIRMAN: Arethere any other questions? (There was np response. ) After investigation and inspection the Board finds that the proposed location of the garage is the best location possible on the property due to the fact the lot slopes steeply from the road to the water. The applicant proposes to locate the garage on the most. level portion of the lot. The proposed garage will be. located on the foundation of a garage which was removed about four years ago because of wind damage. There are other garages in this area with similar or less setback. The only' feasible. entrance to this garage would be from Fleetwood Road. The Board finds that strict- application of the Ordinancd 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 will not change the character of the district. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Robert Hyatt be granted permission to erect a private detached garage on the property of� Madeline Nicol,, east .side Fleetwood Road, Cutchogue, New York, with a setback of approximately 18 feet from Fleetwood Road and approximately one foot from the northerly property line. Vote of the Board: Ayes:- Mr. Gillis pie, Mr. Bergen, and Mr. Doyen. Southold Town Board of Appeals -5- October 10, 1963 On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of September 26, 1963 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Doyen. PUBLIC HEARING: Appeal No. 606 - 8: 15 P.M. (E.D.S. T. ) , upon application of W. Harry Lister, West Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article IIIA, . Section 354 and Section 358, for permission to maintain an accessory building with insufficient frontage setback and rear yard setback. Location of property: south side-West Road, Cutchogue, New York, bounded north by West .Road, east by'IR. Nagle, south by Peconic Bay, and west by Creek. Fee paid $5, 00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing,, affidavit- attest- ing to its publication in the official newsla per and notice to the applicant. THE' CHAIRMAN: Is there anyone present who wishes to speak for this application? RICHARD CRON, ESQ. : All you can see of this building is about. 2 feet. There is a fence and hedges in the line of. vision. Mr. -.Lister leases the marina to the North Fork- Shipyard for strictly a marina operation but -reserves the dock area in this .vicinity. for his own boat. 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. ) Southold Town Board of Appeals -6- October 10,, 1963 THE CHAIRMAN: The word "temporary" is used here. How long does the lease run? MR. CRON: For one year with an option for five years with two renewals. There is no intention that this will be a permanent installation. He just- needs it for the present to house articles used on his boat. THE' CHAIRMAN: Are there any other questions? XThere was no response. ) After investigation and inspection the Board finds that this is a temporary accessory building for non-commercial purposes and is restricted to the personal use of the applicant Mr.' W. Harry-Lister. This structure which was erected is a necessary incidental use in the "M" Multiple Residence Zone, however the restriction applying to Mr. Lister is for the protection of neighbors in the future in the event Mr. . Lister should sell or lease the . premises described in the application. The location chosen is the only obvious and useful one for the applicant since it is at the dock area where his boat is moored and the building is used for the storage of his boating equipment. The Board .finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of' Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that-W. Harry.Lister be granted permission to erect and maintain a temporary utility or accessory building on his multiple residence premises located on the south side of-West Road, Cutchogue, New York, approximately 12 ft. 6 in. imately 12 ft. from the bulkhead or from West Road and approx rear line. Southold Town Board of Appeals -7- October 10, 1963 This building is restricted to the personal use ,of the applicant-W. Harry Lister. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Doyen. . Mr. and Mrs. Angelo Orio appeared before the Board for an informal discussion relative to dividing their property on Marlene Drive, Laurel into two 75 ft. lots. The R)ard accepted their application for a variance to be scheduled for October 24,, 1963. Mr. Dan Smith appeared before the Board by request of Joseph P. Hoey relative to a proposed application for recognition of access to property owned by Mr. Hoey on a private right-of-way on the ;_a,ast side of Town Harbor Lane, Southold. This application was accepted by the Board for a hearing to be held on October 24, 1963.. The next meeting of the Southold Town Board of Appeals will be held 7: 30 P.M. ,, Thursday, October 24, 1963 at the Town Office, Main Road,, Southold, New York. - on motion of Mr. Gillispie,, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7: 30 P.M. (E.D. S. T. ) ,, Thursday, October 24, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Johanna and Angelo orio, 31-74 29th Street, . Astoria, New York, for a variance in accordance with the Zoning Ordinance,, Article III,, Section 303 and Article X,, Section 1000A,, for permission to divide a parcel into.. two 75 ft. front lots with insufficient area in each lot. Location of property: west side Marlene Drive, Laurel, New York, bounded north by Georgiana Moshier, east by Marlene Lane, south by Viola M. Alster,. and west by Mattituck Park-Properties Subdivision. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Doyen. Southold Town Board of Appeals -8- October 10, 1963 On motion of Mr. Bergen, seconded by Mr. Doyen,, it was RESOLVED that the Board of Appeals set 7:40 P.M. (E.D_S.T. ) ,, Thursday, October 24, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of George W. Smith & Sons, Main Street, Southold, New York, a/c Joseph P. HOey, 2121 Albermele Terrace,. Brooklyn, New York, for recognition of access in accordance with New York State Town Law, Section 280A,. Location of property: south side private right-of-way, on the east side of Town Harbor Lane, Southold, New York, bounded north by private road and Daly, east by' A. J. Daly, south by Peconic Bay,, and west by T—F. Daly, Jr. Vote: Ayes: Mr. Gillispie, Mr. Bergen, and Mr. Doyen. On motion of Mr. Doyen,. seconded by Mr. Gillispie, it was RESOLVED that the Board of Appeals set 7: 50 P.M. (E_D.S.T. ) ,. Thursday, October 24, 1963,,, Town office,, Main Road, Southold,, New York as time and place for hearing upon application of A. Reilly &- Sons, Inc. , Shore Acres,. Mattituck,. New York, a/c Kevin McGrath,. 1690 Metropolitan Avenue,. Bronx 62,. New York,. for recognition of access in accordance with New York State Town Law,. Section 280A. Location of property: north side private right-of-way on the east side Town Harbor Lane,, Southold,. New York,. bounded north by T. F. Daly,. east by T. F. Daly, south by private right-of-way,, and west by T. F. Daly. Vote of the Board: Ayes: - Mr. Gillispie,. Mr. Bergen, and Mr. Doyen. on motion of Mr. Gillispie,. seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 8: 00 P.M. (E.D.S.T. ) ,. -Thursday,. October 24, 1963, Town office,. Main Road, Southold,. New York as time and place for hearing upon application of Anthony J. Wisowaty,, Main Road,, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce the front yard setback on a corner lot. Location of property: northwest corner of Champlin Place and Bailey Avenue,, Greenport, New York, bounded north by Arnold Gladding, east by Bailey Avenue, south by-Champlin Place and west by Rose Foster. Southold Town Boardcr- Appeals -9- October. 10, 1963 Vote of the Board: Ayes:- Mr. Gillispie, Mr.,, Bergen, and Mr. Doyen. On motion of Mr. Bergen,, seconded by Mr. Doyen,.'At was RESOLVED that the Board of Appeals set- 8,: 15, P.M. (E.D.S.T. ) t. Thursday, - October '24, 1963,. Town Office, Main Road,. Southoldiz New York as time and place- for hearing upon application of David Newton,, Deep Hole Drive,, Mattituck,. 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 . legizing one lot with reduced frontage. Location of property: east side 'Deep Hole Drive, Mattituck,, New York,, bounded north by James Reidy, east- by " Deep Hole Creek,, south by-Lewis Harrod, and west by--Deep Hole Drive. Vote of the Board: Ayes:- Mr. Gillispie,, Mr,. Bergen,, and Mr. Doyen. On motion of Mr. Doyen,. seconded by Mr. Gillispie, it was RESOLVED that the Board of'Appeals set . 8:30 P.M.. (E.D.S..T. ) , Thursday,. October 24, 1963, Town Office, Main Road, Southold,, New York as time and place for hearing upon application of Thomas Mongello,,. Wells- Road and° Albo 'Drive,,. Laurel,, New York,, fora special exception. in accordance with the' Zoning Ordinance, Article III,. Section' 306,.- for permission to reduce the front yard setback on a corner lot— Location Location of property: northeast corner of-Wells ' Road and Albo' Drive, Laurel, New York, bounded north by Ida Mongello, east by-K. Tuthill, south by Albo Drive,, and west by Wells Road. . Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Doyen. On motion of Mr. Gillispie,, seconded by Mr. Bergen, it was RESOLVED that the Board of- Appeals set 9:00 P.M. '(E.D.S.T. ) ,, Thursday, October 24,, 1963,. Town Office, Main. Road, - Southold,, New York as time and place for' -hearing upon application of Mr. and Mrs. Albert-H. Gordon, Oceanic° Avenue,, Fishers Island, e with the Zoning Ordinance,, New York, for a variance in accordanc Southold Town Board of Appeals -10- October 10, 1963 Article III,.. Section 300, Subsection 7, for permission to erect a private detached garage in the front yard area. Location of property: junction of Halcyon and Oceanic Avenues, Fishers Island, New York, bounded north by Midlothian Avenue, east by David Wilmerding,. south by Halcyon Avenue and Oceanic Avenue, and west by Halcyon Avenue. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Doyen. On motion of Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED that the Board of Appeals set 9: 15' P.M. (E.D.S.T. ) , Thursday, October 24, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon appmlication of Paradise Point- Association, Inc. , for a special exception in accordance with the Zoning Ordinance, Article III,, Section 300,. Subsections 8 and 10, for permission to erect an identification sign at the entrance to Paradise Point on private road, north side of North Bayview Road, Southold,. New York! Sign is to be located on Lot 28 in the subdivision of Paradise Point, property of Paradise Point Association, Inc. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Doyen. It was FURTHER RESOLVED that legal notice of hearings be published in the official newspaper on October 18, 1963. Vote of the Board: Ayes:- Mr. Gillispie,, Mr. Bergen, and Mr. . Doyen. Meeting adjourned at 10:40 P.M. Respectfully submitted,, APPROVED Judith T. Boken, Secretary 1 a ,�