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HomeMy WebLinkAboutZBA-01/04/1962 �Oc��FFO(��OG T Southold Town Board of Appeals S O UTH O LD, L. 1.9 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 January 4, 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. , Thursday, January 4, 1962 at the Town Clerk Office, Main Road, Southold, New York. There were present: Messrs.- Robert-W. Gillispie, Jr. , Chairman, - Robert Bergen, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr. , and SergeDoyerp,Jr. PUBLIC HEARING: Appeal No. , -426 - 7:30, P.M. (E.S.T. ) , upon application of Burt=s Coal, Inc. , 429 Fourth Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, .'Section 303 and Article X, Section 1000A, for permis- sion to divide property into two lots' with reduced frontage. Location of property: north side Manhanset-Avenue, Greenport, New York, bounded north by Levine - Dykovitz, east by P. Cassano, south .by Manhanset-Avenue and west by Anglers Road. 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 -2- January 4, 1962 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? EDWARD COSTELLO, ESQ. , Greenport, New York: I wish to speak in behalf of Burt's Coal, Inc. In 1955 this property was transferred to people by the name of Brown and Levine and it was subdivided upon the basis of approximately 60 ft. per lot. The adjacent prop- erty on the southerly side of the road was on a 50 ft. by 100 ft. basis. ' At some point Mr. Burt, through Burt's Coal, Inc. bought this piece as a matter of protection and left 130 ft6 on the easterly side of the building that was used for no purpose whatsoever. There was a building started on the easterly portion, the cellar was dug and it was apparently abandoned so it leaves a serious sore spot. Mr. Burt is now in a position to sell a portion of his property, but he can't sell the whole thing. THE CHAIRMAN: Was this project started after Mr. Burt bought the property? MR. COSTELLO: Before; it was started in 1956 or 1957. tHE CHAIRMAN: When did Mr. Burt buy the property? MR. COSTELLO: I believe it was 1960 or thereabouts. MR. BURT: That is correct. MR. COSTELLO: Now that Mr. Burt has an opportunity to sell the westerly portion of. the property he feels the best thing to do is divide the parcel in half. . That would leave 90 ft. frontage with each lot. THE CHAIRMAN: Are there any questions anyone would like to ask Mr. Costello or Mr. Burt? (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 -3- January 4, 1962 As a result of investigation and inspection the Board finds that the applicant purchased three 60 ft. lots in the subdivision. The westerly lot is improved and the other two lots are vacant. The applicant proposes to enlarge the improved lot by increasing it to 90 feet and use the remaining 90 feet as a separate lot. The Board feels that inasmuch as all of the lots in this development are 60 feet in width permission should be granted the applicant to divide the 180 feet into two lots. The Board further finds that 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; therefore On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Burt's Coal, Inc. be granted permission to divide property located on the north side of Manhanse&Avenue, Greenport, into two 90 ft. lots. Description of westerly lot: Beginning at an iron pipe set at the intersection of the northerly line of-Manhanset- Avenue with the easterly line of Angler's Road; thence along the easterly line of Angler=s Road, North 210242101'east, 92.86 feet to an iron pipe; thence along land of peter Dykovitz, south 75023100" east, 60.42 feet; thence along said land, and land of Samuel Levine and Edna A. Brown, south 68035150" east, 30 feet; thence along other land of Burt`s Coal, Inc. , south 21024210" west, 100 feet to the northerly line of Manhanset-Avenue; thence along said northerly line of Manhanset Avenue,aorth 68035150" west, 90 feet to the point or place of beginning. Description of easterly lot: Beginning at a point on the northerly line of Manhanset Avenue, which said point is south 68035150" east, 90 feet from an iron pipe set at the intersection of' the northerly line of said Manhanset Avenue with the easterly line of Angler's Road; thence from said point of beginning north 21024110" east, 100 feet to the land now or formerly of Samuel Levine and Edna A. Brown; thence along said land of Levine and Brown, south 68035*50" east, 90 feet to land now or formerly of Cassano; thence along said land of Cassano, south 2102V 10" west, 100 feet to an iron pipe on the northerly line of Manhanset Avenue; Southold Town Board of Appeals -44- January 4, 1962 thence along said northerly line of Manhanset Avenue, north 68-35150" west, 90 feet to the point or place of beginning. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. A salesman from the A. Anthony Real Estate Agency, Rocky Point, appeared before the Board of Appeals to discuss Lot No. 4 in Capt. Kidd Estates, Mattituck. This lot is 125 ft. on Central Drive, 45 ft. on Long Island Sound and approximately 695 ft. in depth. The salesman indicated that the two purchasers of the lot wish to erect two dwellings on the Sound frontage of this property. The Board advised that that definitely could not be done. The lot could be divided into two or three lots, a lot on Central Drive, one on the Sound and a third in the center. The, center lot would require:.-recognition of access. The salesman advised he would relay this information to the A.. Anthony office before any further action is taken. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that the minutes of the meeting of.December 14, 1961 be approved as submitted. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The Board of Appeals received an application for recognition of access from Rose A. Caputo. The location of the property is on a right-of-way off of Rocky Point Road, East Marion. In examin- ing the application, the map and legal description furnished it was found that there was no proof furnished of the legal right to traverse this right-of-way. After consulting with Town Attorney Tasker as to the proper steps in this matter he advised that the Board of Appeals should not schedule a hearing until they are in receipt of Miss Caputo=s deed or photostatic copy of her deed establishing legal right to traverse th, right-of-way in question. Meet ' �ournr at 10:35- P.M_ Respectfully submitted, ,h Irman Board of Appea ` udith T. Boken, Secretary