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S0UTH0LD, L. 1., N. Y.
Telephone SO' 5-2660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairmen
Robert Bergen
Herbert Rosenberg
Charles Gregonis, Jr.
Serge Doyen, Jr.
M I N U T-E S
SOUTHOLD TOWN BOARD OF APPEALS
October 25, 1962
A regular meeting of the Southold Town Board of Appeals was
held 7:30 P.M. ,, Thursday,- October 25,, 1962 at the Town Office,
Main Road,, Southoldr, New York.
There were present: Messrs. Herbert Rosenberg,. Acting
Chairman, Robert Bergen, and Charles Grigonis, Jr.
Absent: Messrs. Robert W. Gillispie, Jr. & Serge Doyen, Jr.
PUBLIC HEARING: Appeal No. 523 - Application of James P.
Heath. This hearing was recessed from October ll,. 1962.
Mr. Rosenberg,. Acting Chairman opened the hearing by reading
the part of the minutes of October 11,. 1962 pertainin�o/the Heath
appeal.
WILLIAM WICKHAM., . ESQ. I have discussed this with Mr. Heath
and we 'would like to amend our request and ask if you would look
with favor on a 12 foot addition. That would mean a setback of
approximately 20 feet. This is just a little ahead of the Burden
f
Southold Town Board of Appeals -2- October. 25., , 1962'
house. There was a ,7 ft. porch ,on. the house before and we would
like to remove, it and extend the addition a little. further .than
it is now.
MR. ROSENBERG: The 8 ft.. :porch",which was on the house brought .
the "front even with 'the Burden house. -. We' are required to strike an
average. The Burden house is 26 feet and the average setback on the
south, side of the "house- is, ,42 feet and on the :north 'side it i,s 36
feet. The reason this hearing" was "recessed before is because the
Board did not think the addition should be advanced further than
26 feet which it is at present. You are asking for it: to be 1:0
ft. closer than the- house on the north and 16 ft. closer than the
house on the south.
MR_ WICKHAM-. - The -original restrictions in the subdivision was
25, feet.,, however they were" extinguished in 1940 or: =4lr they "went
.. on in 125 or 126 for. 15 years. That is a closer. average. to go by
than the 30 ft. or 40 ft. the. houses were actually set back. Our
request does go beyond the 25 ,ft. but it- does seem reasonable.
MR. ROSENBERG: The orig:nal .restrictions put on by the owner
- ' of the property -in 1925 have no bearing on the regulations in ; the
Ordinance.
MR. WICKHAM: Yes: that is true.
(There was some discussion relative to the 25' ft. setback
restriction in the deeds of: this subdivision. ) .
MR. ROSENBERG: It is a hardship from your point of`view' but .
you have not been able to provela haxdship for the Board .,to act on.
MR." WICKHAM: Your limit would be to the porch which was there
before.
MR. ROSENBDRG: Yes.
MR. WICKHAM: Than we wish permission to. go out the 8 feet.
After investigation and inspection the Board finds no basis
for the
variance. The average setback" of the five houses on the north
side ,of the Heath Residence is 36 feet and on the south side .42 feet.
The variance sought would be for the benefit` solely, of the applicant .
Southold Town Board of Appeals -3- October 25t 1962
and would be contrary to the intent and regulations of the
Ordinance and is not a unique situation and no hardship or
practical difficulty is involved.
On motion of Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED that James P. Heath be denied permission to extend
the front of his dwelling any further than the existing front
liner but he may enclose the entire width of the front of the
house to the existing 8 ft. depth. Location of property:
east side Sigsbee Road, Mattituck, New York.
Vote of the Board: Ayes: - Mr. Rosenberg, Mr. Bergen, and
Mr. Grigonis.
On motion of Mr. Grigonis r. seconded by Mr. Bergen, it was
RESOLVED that the minutes of October 12, 1962 be approved-,'7,
as submitted.
Vote of the Board: Ayes: - Mr. Rosenbergr Mr. Bergen, and
Mr. Grigonis.
PUBLIC HEARING: Appeal No. 525 - 8: 00 P.M. (E.D.S.T. ) ,.
upon application of John H. Molitor, 501 West 7th Street, Plainfield,
New j.erseyr. 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. Location of property: Lot No. 32,
Cleaves Point Section 2, west side Snug Harbor Road, East Marion,
New York, bounded north by Lot No. 33, east by Snug Harbor Road,
south by Reserved area of' Cleaves Point Corp. , and west by Gull
Pond. Fee paid $5. 00.
Mr. Rosenberg, Acting Chairman, opened the hearing by read-
ing application for a special exception, legal notice of hearing,
affidavit attesting to its publication in the official newspaper
and notice to the applicant.
Southold ,Town Board of. Appeals -4- . _ October,.25, ,1962
MR. ROSENBERG: Is -there anyone present who wishes ',to _speak
for this application? ;
MR. JOHN .,BAUER, Greenporti :New York: Yes,, I would. We
would not like to cut down on the sizeof the building. We do
have 33 feet on the south beside the reserved .area. Nothing
will ever be built there,_ it will be' given .to the Town if the
roads are made public.
MR. R OSENBERG: Is there .anyone present who- wishes to speak
against this 'application?
(There was no response. )
MR. ROSENBERG: We were down there and looked at the lot
and there does not seem to be any objection. What you are asking
on Snug Harbor Road is ' 'correct and the requested reduction is
satisfactory on the south.
After investigation and inspection the Board finds that. the
plot involved is a corner lot facing 100 ft. on- Snug Harbor Road .
and 160 ft. on the larger reserved for public use area.
The applicant is able to observe the normal side yard and
front yard and rear yard .restrictions with .the exception of the
reserved area where he requires permission to reduce the 35 ft. by 2
ft. The reserved .area is' for future use for parking- and approach
to the water.
The conditions imposed by the Ordinance having been complied
with a special exception is granted this applicant.
'On motion of Mr. Grigonis,, seconded by Mr.' Bergen, 'it was
RESOLVED that John H. Molitor be granted permiss.ion,.to reduce
the, front yard setback on the southerly side of his property to
33 feet. Location of property: Lot No.:. 32r.. Cleaves' Point- Section
2,,. East Marion,. New .York.
Vote of the Board: Ayes:- Mr. R6$6hbetg, Mr. Bergen, and
Mr. Grigonis. ,
c
Southold Town Board of Appeals -5- October:"25,. 1962
PUBLIC"HEARING: Appeal. No. 525 -- 8: 15' P.M. '(E.D..S.T. ,.
upon application of`'Edward G:. Abitzt Reeve Avenue,, Mattituck,. '
. New York, a/c John"- Winters, 4331 White Plains Road, Bronx "66,
New York, for. a variance in accordance with the. toning Ordinance,
Article III, Section 300,,. Subsection 7, for permission to move
dwelling and convert .into'an, accessory building in the front yard ,
area of lot 'located on. the north", side private road,. Luptons Point,.
Mattituck," New York, bounded north by- Deep Hole Creek,, east -by
R. L. Bleimiller, south by- Luptons Point Road, and.west by
William,C. Easke, Fee paid $5. 00.
Mr. Rosenberg opened the hearing by reading application for .
a "variance,, legal notice of the hearing, . affidavit attesting" to,
its publication . in. the "official newspapers. andmt_ice to the appli= "
cant.
MR. ROSENBERG:. Is there anyone present who wishes to speak
for this application?
MR. "JAMES OLSEN, Greenport, New York: " Mr. Winters would like
to move the existing house from the" property, altogether and he
would like a variance to build a new garage on the property.
The dimensions of the garage .will be 20 ft.. by- 30 ft. which is
the same size as the existing house. He was going, to move the
existing house. and convey //into a garage but he..has decided
�t
against that.
MR. ROSENBERG: The question is whether we will permit it- .to ;
be located 14 ft. back 'from the front property line or .it should
be located 19 -ft. ' in line with the. adjoining garage. There is
nothing topographical about 'the' land where the garage is to be
placed. _- We "are willing to have .him put- a garage in his front 'yard
because there is one across the street- and one along side of him,
but we believe . it should, be placed in line with the "adjoining
garage. We must" follow the; established lane.
MR. OLSEN: I believe he would be agreeable .to that. He is
going to build a nice, house and garage.
After investigation and inspection the: Board finds "that
many of the residences in this, sm all -area have garages facing
'the .private road inasmuch" as the lots on each side of the road
face water.
Southold Town Board of Appeals -6- October 25, 1962
The house to the east has a garage about 19 ft. from the
road and about 2 feet from the west property line.
The applicant wishes to so place his garage that he may leave
without backing onto the, road.
Permission is granted to erect� a garage on the east end of
the lot- provided it is no closer than 5 feet from the east property
line and no closer than about 19 feet- from the road so that it
.will be in line with the garage on the east and with the front line
of the house on the west and the new residence to be erected by the
applicant.
Since filing his appeal the applicant has altered his plan
aid in lieu of using the present residence will dispose of it- and
construct anew garage.
On motion of Mr. Bergen,. seconded by Mr. Grigants,, it was
RESOLVED that Edward G. Abitz, a/c John Winters be granted
permission to erect private detached garage on the east end of his
property provided it is no closer than 5 feet from the east property
line and no closer than about 19 feet from the road so that it
will be In. line with the garage on the east and with the front line
of the house on the west and the new residence to be erected.
Location of property: north side private road=. -Lup_tons Pointr
Mattituck, New York.
Vote of the Board: Ayes: - Mr. Rosenberg, Mr. Bergen, and
Mr. Grigonis.
On motion of Mr. Grigonis, seconded by Mr® Bergen, it was
RESOLVED that the Board of Appeals set 7: 30 P.M.. '(E.S.T. ) ,
Thursday,. November 8, 1962, Town Office, Main Road, Southold,,. New
York, for hearing upon application of Joseph Romano,. a/c Tollewood
Association, Meday Avenue, Mattituckr New York, for a special
exception in accordance with the zoning -ordinance, Article III,
Section 300, Subsection3A,: for permission to establish a private
community- marina at the northerly end of Illinois Avenue, Tollewood
Subdivision, .Mattituck, New York.
.. Southold Town Board .of Appeals -7- October 25; . 1962
Vote of the Board: Ayes-.- . Mr. RQseriberg, Mr. Bergen, and
Mr. Grigonisv
- On motion of Mr. Bergenr. seconded by-Mr. Grigonis, it was
RESOLVED that the, Board of Appeals set-7:45' P.M. (E.S.T1. ,
Thursday,. November 8, 1962, Town Office,. Main Road, Southold, New-
York as' time and -place for hearing upon application of Charles K.
Bittner,, Main Street,. New Suffolk,, New York,, for' a variance in .
accordance with the Zoning ordinance, Article Iv,-. Sectbn 400,,.
Subsection 1, as it refers to Article III,.. Section 303,. for permission
.to divide propetty into two parcels .each containing insufficient
frontage and area. . Location of property: south side Main Street,,
east side'-Second Street, New Suffolk, New York,, bounded .north by
Main Street,.. east by "F.. Flurry,. south by Parker and A. Polashock,
and west by Second Street.
Vote of the Board: . Ayes:- Mr. ."Rosenberg,. Mr. Bergent and
Mr. Grigonis.
It was further RESOLVED that legal notice of hearing, be,
published .in the official newspaper on November 1, 1962.
Vort e` of' the Board: Ayes Mr... Rosenberg,. Mr. Bergen, Mr.
Grigonis. .
The next meeting 'of the Southold Town Board of Appeals will
be held 7:30: P.M., Thursday,, November` 8, 1962 at the Town Office,
'Main Road,. Southoldr. 'New York.
Mr. Rosenberg informed the members ' of the Board that he had.
submitted his resignation to the Supervisor effective December 31,
1962.
Meeting adjourned at 9:30 P.M.
Respectfully submitted,
pn � Judith T. Boken, . Secretary