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HomeMy WebLinkAboutZBA-02/01/1962 ■ - oS�FFo>��o z T Southold Town Board of' Appeals S O IJTH O LD, L. I., N. Y. -- Telephone SO 5-4660 APPEAL BOARD MEMBERS Robert W. Gillispie; Jr:, Chairman Robert Bergen Herbert Rosenberg Charles Gregonis,Jr. Serge Doyen, Jr. M I NU T-E S SOUTHOLD TOWN BOARD OF APPEALS February 1, 1962 A regular meeting of' the Southold Town Board of Appeals . was held 7:30 P.M. , Thursday, February 1, 1962 at the-Town Clerk Office, Main Road, Southold,- New York. There were present: Messrs. Robert-W. Gillispie, Jr., Chairman, Robert Bergen, Herbert' Rosenberg, and Charles Grigonis, Jr. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 427 - 7: 30 P.M. (E.S.T.:) , upon ;application -of-Rose A. Caputo, 2130 Harmon Street, Ridgewood 27, New York, for recognition of access in accordance with 'State of New York Town Law, Section 280A. Location of property: private right-of-way on the east side of Rocky Point Road, East Marion, New York. Property bounded north by Stamos, east by Aquaview Realty Corp. , south by Rosenberg, and west by private right-of-way. No fee - 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. t Southold Town Board of Appeals -2- February 1, 1962 THE CHAIRMAN: . This application was held up because there was a question whether the owner of a lot could apply for. access over someone elses right-of-way and it was clarified by a letter from Miss Caputo which stated the right-of-way was referred to in the antecedent deeds of its predecessors in title. After consultation with our Town counsel it was learned that the right- of-way extended to Miss Caputds deed even though itv�as not noted in the deed. Is there anyone present who wishes to speak for this appli- cation? (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 that the applicant is entitled to use the 50 ft. right-of-way extending from Cedar Drive to Rocky -Point Road and access to property of Caputo is granted with the condition that the present 50 ft. right-of-way which is .now overgrown and impassable for emergency vehicles be improved to a width of at least 15 feet, either between the lot in question and Rocky Point Road or Cedar Drive or both if the applicant so desires. The Board further finds thd.t 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 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. Grigonis, it was RESOLVED that Rose A. Caputo be granted recognition of access in accordance with State of New York Town Law, Section 280A. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg, and Mr. Grigonis. Southold Town Board ofAppeals -3- February 1, 1962 PUBLIC HEARING: Appeal N. 428 - 7:45' P.M. (E.S.T. ) , upon application of George W. Smith & Sons, . Maim Road, Southold, New York, for a-variance in accordance with the Zoning Ordinance, . Article III,. Section 303 and Article X,. Section 1000A, for permission to reduce frontage and use as a single lot. ...Application on behalf of Dr.. William R. Riley, Richmond Hill, New York. Location of property: south side Watersedge Way, . Southold, New York, bounded .north by- Watersedge Way, east- by- Lot 3 in ,Terry -,Waters ' Subdivision, south by- Peconic Bay and west by other land of',W. P. Riley. 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 application? (There was no response. ) THEICHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) . After investigation and inspection the Board finds that the applicant purchased the two lots in question prior to the sub- division and it is the only property not included in the filed map. , As stated in the application the lots were purchased as two separate parcels. The- Board feels that it would be an unnecessary hardship to deny the separation of this parcel into the two lots which were purchased before the subdivision. The lots have ample area. No side yard variance .is included in this action. This is a unique situation not shared by adjoining property owners and would not change the character of the district. on motion of Mr. Gillispie, xeconded by- Mr. Bergen, it was RESOLVED that- Dr.- William R. Riley be granted permission to reduce frontage and sell as a single lot the following described property: r r Southold' Town Board of" Appeals -4- February 2, 1962 Beginning at an iron pipe "set on the southwesterly line of Watersedge' Way at the northerly corner of 'Lot 3 as shown on "Map of Terry Waters", filed at the Suffolk County Clerk's Office December' 29, 1958 as map number 2901,. said point. of`beginning being the easterly corner of land of the party of the first part; running from said point of beginning along said Lot 3 S. 230373 50"W. '210 feet to ordinary high water mark of' Peconic Bay; thence along said ordinary-high water mark N, 65'41810"W' 100 feet; thence along .land of the party of the first part N. 29006'00"E. 209.77 feet to the southwesterly. line of Watersedge Way; thence along the southwesterly line of Watersedge Way S.66I22'10"E. 80 feet to the point of beginning. Vote of the Board: Ayes:- -Mr. Gillispie,. Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Mr. Finkelstein, an attorney from Riverhead, appeared before the Board for an informal discussion relative to a. sign erected in Mattituck in violation of the Ordinance by Frederick Bernhardt. Mr. Finkelstein stated that Mr. Bernhardt applied for four signs last May and did not apply for the sign in question as he thought it was in Riverhead Township. Mr. ' Bernhardt made an application to keep this sign after he was notified of the violation, but the application was denied by the Board. Mr. Finkelstein wished to know why the sign had been denied and if he could reapply for this sign. The Board stated that this sign had been denied because the location was not found to be in harmony with or promote the general purposes and- intent of� the Ordinance.' In fact, it was actually: an advertising sign rather- than .a directional sign. Many other signs had been applied for in `this area and .had been denied. . Mr. Finkelstein stated that he would relay the information to Mr. - Bernhardt. On motion of Mr. Rosenberg, seconded by: Mr. Bergen, it`was RESOLVED that the minutes of themeeting of January 22, 1962 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grignois. Southold Town Board of Appeals -5- February 2, 1962 The Chairman stated that Mr. Theodore Rohloff had spoken to him informally relative to a piece of property in Orient belonging to the Jaeger Estate. There is an old house on the property which has not been occupied since approximately 1928. Mr. Rohloff wished to know if this house could be utilized for the storage of his electrical equipment and if his wife could have a greenhouse and possibly sell home-grown flowers. He further wished to know if he could sell electrical appliances. The Board wished a letter forwarded to Mr. Rohloff stating that the use of the property to grow flowers with or without a greenhouse and to sell home-grown flowers is a permitted use. Also, there would be no objection to his use of the buildings on the property for the storage of electrical equipment. How- ever the uee of the property which would .involve the sale of appliances on a formal basis would not be permitted. The Board next discussed the property of Mrs. William H. Wasson located on the south side of Peconic Bay Boulevard, Laurel. On this property there are two 12 story dwellings. Mrs. Wasson would like to divide the property into three parcels'. One parcel on Great Peconic Bay of approximately 150 ft. by, 200 ft. , and two parcels on Peconic Bay Boulevard, one having 85 ft. frontage by approximately 185 ft. in depth and the other approximately 70 ft. frontage by 215 ft. in depth. The Board considered this matter thoroughly and decided that they -would not approve of dividing this property into three lots but would be favorably inclined toward -two lots, one on Peconic Bay Boulevard and one on Great '-Peconic Bay. The Board of Appeals next discussed the property of W.. Harry Lister at ""Fleets Neck", .Cutchogue. A map of this property was forwarded to the Board for the purpose of considering variances on six lots. The Board of Appeals wished this map referred to the Planning Board because of the fact it contains more than four lots and could be considered a subdivision. The meeting adjourned at 10: 00 P.M. J-O�ED Respectfully submitted, pPp Judith T. Boken, Secretary Cha man