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HomeMy WebLinkAboutZBA-11/23/1962 5 4 �oc��FFOC�(c�G 14A4eA& 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 23,, 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. , Friday, November 23, 1962 at the Town 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 Serge-Doyen, Jr. PUBLIC HEARING: Appeal No. 528 7:3.& P.M. (E.S.T. ) , upon application of--Eugene Horton,. New Suffolk-Avenue,. New Suffolk, New York, a/c Irma Merrill, Broadwaters Drive,. Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306,, for permission to reduce front yard setback on a corner lot to 25 feet. Location of property: southwest corner of Mason Drive and Broadwaters 'Drive, Cutchogue, New York, bounded north by Mason Drive,. east, by Broadwaters 'Drive, south by The Narrowst and west by R. French. Fee paid $5. 00. The Chairman opened the hearing by reading application for. a special exception,. legal notice of hearing,. affidavit Southold Town Board 'of:,Appeals -2- November 23t. ;1962 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.? ('Inhere was no response. ) THE� CHAIRMAN: .. Is there anyone present- who wishes to ' speak against, this application? (There was no response.. ) THE CHAIRMAN: Are there any questions? (There was no response..) After investigation and inspection .the Board finds that this . property 'occupies the entire block between -Mason Drive and the water. This lot�'is 300 feet .on Broadwaters ' and 75 - ft. on Mason .upon which the house faces. The. west, line is, .not usable fora porch. If 'a .10 ;ft.' porch is to be erected on the Broadwaters ,side it- will leave a .25 ft. setback. There is no other-.house nearby that- can be affected. Across the. street to the north a .residence is situated .less' than. 35 .ft. setback. Due to the extreme depth, of the "lot.. 300 ..feet, .the porch will .not interfere with any :prop'erties in the. immediate area. . This _applicant has complied with the conditions and , regulations laid - down in the. ordinance ,for a special exception and therefore On motion of Mr. Gillispie,, seconded by Mr. Rosenberg,. it was RESOLVED that-Eugene Horton, . a/c Irma Merrill, Broadwaters Drive, Cutchogue, New York be granted permission to reduce front yard setback on Broadwaters •Drive to 25 feet. Vote of `the Board: . -Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Southold Town Board of Appeals -3- November 23, 1962 On motion of Mr. Bergen,, seconded by Mr. Rosenberg,. it was RESOLVED that the Board of- Appeals set 7:3 0 P.M. (E.S.T. ) , Thursday, December 6, 1962, Town Office, Main Road, Southold,. New York, as time and place for hearing upon application of Robert L. Hyatt, Horton' Point, Southold, New York, a/c John Avies,, Old Orchard Lane,. East Marion, New York, for a variance in accordance 'with the Zoning Ordinance,. Article III, . Section 307,, for permission to build attached garage on existing dwelling leaving a 2 ft. side yard" Location of property: west side Old Orchard Lane, East Marion, New York, bounded north by Howard F. King, east by Old Orchard Lane, south by James Getches,. and west by Jean Schneider. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. It was further RESOLVED that legal notice of hearing be published in the official newspaper on November 29,. 1962. Vote of the Board: Ayes:- Mr. Gillispie,. Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: Appeal No. 529 - 7:45 P.M. (E.S.T. ) , upon application of Robert and Agnes Friedman, Bay Lake Drive, East Marion, New York,, for a variance in accordance with the Zoning Ordinance, Article III, . Section 300, Subsection 7, for permission to erect a private detached garage in the side yard area of lot located on the west side Bay- Lake Drive (Truman Path) Bay Lake Park, East Marion,. New York,. bounded north by J. W. Billman, east by Truman. Path, south by J. F. Alexander,_ and west by Marion Lake. Fee paid $5. 00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidavit attesting to itspublication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals . -4- Nvvember. 23i 1962 Mr.. and Mrs.. Robert-Friedman spoke in favor'of the -application stating that. they .have nothing 'further to add unless the Board needs clarification on ft- application. They stated that the garage would be in exactly the same . position , if , it were attached to the house and since they -.. . , do not-.wish to/attached- to the- house a variance is necessary. have it Also, there is a chimney and fireplace on that side of the house and it- would be difficult'. to attach the garage. THE CHAIRMAN: Is there anyone present who wishes to ; speak against this application? (There was no response. ) THE' CHAIRMAN: Are. there any questions? (There was no response. ) After investigation: and .inspection the Board finds that the- question . for a garage in the side yard area is based upon an unusual topographical condition. The existing dwelling is located about 70 feet- from Marion - Lake which lies .considerably:lower_than the usable. part of the lot in question. There is' about 35 feet of flat terrain south of the ' , residence. Immediately to ' the south of the 35 feet the land drops to a deep gully and while there is about 100 ,feet of lot to -the south none of' this' land is usable due to its very . low level. The proposed garage would be about 175 feet from Truman�s. Path, a private road; and would not in any -way, change the character, of- the neighborhood. There is a definite practical difficulty present and the situation is unique. On motion of ,Mr. Gillispie, seconded ,by Mr. Bergen.-.-. it was RESOLVED that' Aobert -and Agnes .Friedman:, Bay. Lake- Drive, East-Marion,. New York be granted .permission .to erect ,a private detached garage in the side yard area of their lot.- . approx e Drive and approxim� ely 100 ft. imately 175 ft., from Bay Lak from .their southerly -side line. vote of the Board: Ayes: - Mr. Gillispie,, Mr. Bergen.- and . Mr.- Rosenberg. Southold Town Board of Appeals -5 November 234 1962 PUBLIC HEARING: Appeal No. 530 - 8: 00 P.M. (E.S.T. upon application of' Peter Frumenti., Stars Road., East Marion` for special exception in accordance with the Zofitng New York, Ordinance.,,.,Article IIIr.. Section• 306,r, for permission to reduce front yard setback- on. a corner lotto 15 feet." Location of the property: west side Stars-'Road,. and south side private right-of- , way,., East Marion.. New Yorks_ Fee paid $5. 00. The Chairman opened the hearing by reading application for a special exceptions. 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 (There was no responses ) THE' CHAIRMAN: Is there anyone present who wishes to .speak against this application? (There was no response..) THE CHAIRMAN: Are there any questions? (There was no response. ) After. investigation and inspection the Board finds that this . lot 105 ft. by 120 ft. . is topographically unusual=, there being only about 50 feet-. of flat surface facing the, right-of-way, where the applicant proposes facing his residence. The -balance of the 120 feet is much,.lower than the northerly section of the lot. In consequence an, undoubted practical difficulty exists and while the normal 35 foot setback ll on Stars Road wi be: observed and considerably -more than the required .westerly side yard will be observed the use of the lot for residential purposes would not be practical unless the right-of-way setback be reduced. . The . other lot on the block is . occupied by a dwelling located not more than .5 feet - from the property line on the same .right- of-way. The conditions laid down in the ordinance for a special exception have been met and the right to an exception exists. Southold Town Board of Appeals -6- November 23, 1962 On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that Peter Frumenti,. Stars Road, East Marion, be granted permission to reduce his front yard setback on the northerly corner to 15 feet. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, . and Mr. Bergen. On motion of Mr. Gillispie,, seconded by Mr. Rosenberg, it was RESOLVED that the minutes of November 8, 1962 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie,. Mr. Bergen, and Mr. Rosenberg. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M. , Thursday, December 6, 1962 at the Town Office, Main Road, Southoldr New York. The Board received from the Planning Board the file of Julius Zebroski, et al,. for an Open Development Area, with a request for comments and suggestions as to how this matter might be handled so that building permits can be issued. The Board ordered this matter held until their next meeting on December 6, 1962. Meeting adjourned at 9: 00 P.M. Respectfully submitted, D V_7 Judith T. Boken,. Secretary �tlt 6t a� �;Cc�KU G`i