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