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HomeMy WebLinkAboutZBA-10/11/1962 V OIL C=, SOUTHOLD, L. 1., N. Y. �l Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. M INUT,E ` S SOUTHOLD .ZOM BOARD OF APPEALS October 11, 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 "PFM. (E.D.S.T. )., Thursday.,. October 11, 1962 at the Town 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 FEARING: Appeal No. 519 - 7:30 P.M. (E_D.S.T.).,. upon application of Edna A. Brown, Main Road,,,-East Marion, New York, a/c Hildegard Hawkins,.. 2807 Spangler Road,.. Bowie,.. Maryland,. for a variance in accordance with the Zoning Ordinance, Article III.,. Section 303 and Article X.3,_ Section 1000Ap. for permission to divide property into two parcels with reduced frontage and insufficient area. . Location of property: south side Main Road, East- Marion., New York, bounded north by Main Road, east by A. Limouze'Estate, south by .Bay, and west by--A. Steinhart. Fee paid $5. 00. The Chairman opened' the hearing by reading application for a variance, legal notice of hearing,. affidavit attdsting to its publication in the official newspaper and notice to the applicant. Southold Town Board of Appeals . -2- October ll,. 1962 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS.- .EDNA BROWN,- East Marion, _ New York: I am representing Mrs. -Hawkins.. I have showed it: to. a number of people and no-.one' seems to want both houses. The division wetalked about some time before did. not work out to give enough land, to the larger house on the waterfront. THE CHAIRMAN: Is there anyone , present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Have you discussed with Mrs. Hawkins selling the entire parcel? ' MRS. BROWN: Yes, but they would like to . sell it separately -.so that she can keep the small cottage for' herself. THE' CHAIRMAN: . If this were done it would be the smallest; division the .Board :has ever, made. '.: We can see Mrs.. Hawkins: desire to. sell the houses separately but if' this were divided the smaller lot would be left with only about 4,.700 square feet of area,, and a 14.2 ft. froniage .,and 38 feet on the water. This would be completely impossible. , We cannot see any-way -this property can be divided and it will have to remain as one parcel. .. THE CHAIRMAN: Are there any other questions ? (There was no response: ) lyfter, investigation and inspection the Board finds that the applicant, has not produced any 'evidence to support a hardship or practical difficulty., - She proposes to cut off approximately 4700 sq. feet- with. a road frontage of 14• feet and 'dLspose of the balance of the parcel. The applicants situation-, is not unique and to cut off .a lot with 14 ft. frontage would change th,e' character, of the neighborhood. On motion of Mr. Gillispie, seconded by Mr. Bergen.', it. was RESOLVED that Edna A. Brown.,,. a/c Hildegard Hawkins be denied permission to divide property into two parcels with reduced frontage and insufficient- area.— Location of. property: south side Main Road Southold Town Board of Appeals -3- October 11., 1962 East Mar ion t New York Vote of the Board: Ayes:- Mr. Gillispie.,.. Mr. Bergen, . Mr. , Rosenberg:=, and Mr..` Grigonis. PUBLIC-HEARING: 2ppeal No. 516 -. 7:45. P.M. _(E..D.S.T. ).,_. upon . application of R. Dalder & Sons, 111 Beach Road,. Westhampton Beach.,, New York, a/c Mary -Milligan, 76 Denhoff Avenue,.. Freeport, New York.., for a variance in accordance with . the Zoning- Ordinancet Article III Section 300, Subdivision 7, for .permiss.ion to erect private detached garage in' the front yard area; - Location . of property: south side private right-of-way, off of Camp Mineola Road, Mattituckr New Yoh Property. bounded north by .right-of-way,, west by W. Tufano,. east by J.. Pete,rs, and south by Peconic .Bay. Fee paid' $5. 00. The chairman opened the hearing by reading application for a variance,- 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 response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against . this application? (There was no .response. ) After i.nvestigation 'and inspection the Board finds that there is definitely a, practical difficulty; involved if. a garage.were to be placed in the front yard as all. houses along this private road are so placed that a garage must .be '.located on the, road front: There are garages on various properties adjacent and the Board feels „that .this applicant should. be granted a variance as. have others in this same area .where the conditions are similar. On motion of Mr. Gillispie,,. seconded by-Mr. Bergen,. it was RESOLVED that R. Dalder &- Sonst . a/c Mary .Milligan be granted permission to erect- private detached garage in the front yard area of her property located on the south side private right-of-way, off Southold Town Board of Appeals -4- October 11, 1962 f of' Camp Mineola Roads. Mattituck New York. This garage shall be no closer than 10 feet to' the front (roaa5 . property line and no closer than 5 feet to the easterly line. Vote of the Board: Ayes: - Mr. Gillispie, 'Mr. Bergent. Mr. Rosenberg,,.. and Mr. Grigonis. PUBLIC HEARING: Appeal.- No. 517. - 8: 00 P.M. (E.D.S. T- )'r upon application of' Elizabeth Olsen,,, Jackson and First Streets,. New , Suffolk, New York, fora variance in accordance with the Zoning Ordinance,- Article IIIF Se ction..303r for permission' to erect cottage on ' lot with reduced ,frontage. . Location of property: south side Jackson Street.,,, New Suffolk, west side 'First-.Street,, bounded north by Jackson Streets. eastby First Streetr south by Peconic Bay ,r. and West by- Second Street. Fee paid. $5. 00. The Chairman opened the hearing by reading application, for' a variance,, 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 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- this cottage was located on the beach front- of land owned by .the applicant. The beach has been leased to. the Town of= Southold and the applicant wishes 'to move the cottage to a portion of her land not leased to the Town. There are two .cottages on the street -.frontage and the Board feels that, the cottage in question should be moved to the .area where the other cottages are located provided it is not closer, than 5 feet from the cottage, on the west and not closer than 20 feet to the residence on. the east and in line with the cottages and residence. On motion of Mr. . Gillispie, seconded by Mr. G:igonis, it was Southold Town Board of Appeals . -5- October ll, 1962 -RESOLVED that Elizabeth' Olsen be granted permission to erect .cottage on lot with reduced frontage and this permission_,is granted provided this cottage is not closer than 5 feet from the cottage on the west- and not -closer ' than .20 feet to the residence on the east -,and in line with the cottagesand residence. Location' ofproperty:. south side Jackson Street, ' New Suffolk., New York. Vote of the. Board: Ayes:,- ., Mr. Gillispie.,,.Mr. Bergen, Mr. 'Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 518 8: 15- p.M. '(E.D.S.T. ).,. upon application of Manuel-D. Gloria and Dorothy.-Gloria, Ninth, Str,eet, Greenport,, New York., for a variance-in accordance with the. Zoning Ordinance',,'Ar4c1&. III,.. Section: 303 and Article`xt. Section 1000A., for permission "to 'establish a lot- with -reduced area,, leaving:. a lot with ,reduced area. - .. Location :of property: south side Flint Street, Greenport ' New York, , map of Greenport-Driving' ,Park, bounded north. by Flint Street;, east by- O.. Shedrick, south by 'Testa and Mack,., and west by 0..-- Smith. Fee paid $5.00.; The Chairman opened the hearing by reading application for az variance ' 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? GEORGE ,A. McMANN, JR. , ESQ. , .Greenport: This. area was sub- ' divided a great many years ago and the easterly area was the Wiggins ,Estate and that was also .divided before. . There are primarily 50 foot- lots in this areas .that is the, way ,it-was sub- divided originally. Most of' the lots are substantially_ less than '12,500 sq. ft: and a great- many less than 10,000. This lot has the required 100 ft. frontage but the depth is only 112 feet,. making..this lot 11,200 sq. ,ft, of area., THE' cmiRMAN: Is there anyone else present who wishes to speak for this application? .(There. was no response. ) Southold Town Board of Appeals -6- October llr 1962 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 these two lots were purchased in 1909 and inasmuch as all lots, in this area were originally -laid out as 50 ft. -frontage lots there is no reason why this applicant should not be permitted 'to use two lots' as a single parcel. These lots are in a mapped development filed in 1909, called Greenport-DrIving: Park. On motion bf' Mr. Gillispie, seconded by Mr. Bergen, it was be RESOLVED that-. Manuel- D. Gloria and Dorothy. Gloria/granted permission to establish a lot with reduced area. : This lot_ has. 100 fto frontage and 112 ft. depth: Location of property: south side Fliiit Street, Greenportr, New York. , Vote of the Board: Ayes: Mr. . Gillispie; Mr. Bergen, . Mr. Rosenberg, and Mr. .Gric_p nis. PUBLIC HEARING:. Appeal No. 521 - 8:30 P.M. '(E.D:S.T.) , upon application of Timberland Assoc..,. Inc. Mott Road, Box 275, Coram,_ New Yorkl for. recognition of access in accordance with the 'lgew York-State Town Law, Section. 280A. Locationof. property: north side� private right-of-way . (Maple Lane),, off of the east side Grand Avenue, Mattituck,- New York. Property bounded north .by private right-of-way, east`by F Welmari• Estate, south by Maple Lane, . and west by A, Suter. Fee ;d id $5. 00. The Chairman opened 'the hearing by reading application :for recognition. of access,,; legal notice of hearing, affidavit attest- ing 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? Southold Town Board .of- Appeals -7 October 11, 1962 MR. FRANK BORN,_, Coram,. New York:. I do. This application is for access to two .lots. Access has been given on this right- of-way, but not as far ' in as I am -requesting-. 'MR. -ROSENBERG: How wide is the access? MR.' BORN: Approximately 30 .feet. `.THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) - After inspection and investigation the Board finds that access to this property is over a passable private road used by other residents and access _should .be recognize4... On motion of: Mr. Gillispie, seconded by Mr. Griggonis,. it was RESOLVED that Timber'l'and.Assoc. , Inc. be granted recognition of access to property located on. - the north side of a private right- of-way off of the' east aide Grand Avenue, Mattituck, . New York.. Vote of the Board: Ayes: Mr. Gillispie,, Mr., Bergen, Mr. .Rosenberg,. and:Mr. Grignnis: PUBLIC HEARING: Appeal No.. 522 - 8:45' P.M. '(E.D.S.T. ).,. upon application of Frances and Ralph Mims, Third' Street, Grdenport, New York, for a .variance in accordance with the Zoning Ordinance., Article III, Section '303' and Section 306 and Section 308,. for permission to reduce area-,, front yard setback- and rear yard setback. .. Location of property: south side Flint- Street, east side Seventh Street, Greenport, New York,.. Greenpott' Driving Park, bounded north .'by Flint Streetj. east-by- P. Zelack, south by- P.. Zelack, and west by-Seventh -Street. Fee .,paid $5. 00. The Chairman opened the hearing by reading application for a variance,, legal notice of hearings affidavit attesting to its publication in ,the official newspaper and notice to the applicant. Southold Town Board of. Appeals. -8- . , October 11,' . 1962 THE CHAIRMAN: , Is there anyone present who wishes to speak for this application? MISS ,SUE, HUDSON, .'Greenport: We feel-this variance would be in accordance with the Ordinance. If' other land beside this property were available it= would not help• us except for the square footage., and this . is the_only possible location foi the house. THE CHAIRMAN: Is there anyone else present who wishes . to speak for this application? (There was no response. ) THE CHAIRMAN: 'Is there .anyone present who wishes to speak against this application? (There was�:no response. ) Afterinvestigation. and inspection the Board finds that- the :development wherein the -two lots are located was laid out and sold as 50 foot lots.- The applicant , proposes to use .two adjoining lots as one plot. Additional land is unobtainable. A practical difficulty exists and the Board finds that a variance should be granted. Single- 50 foot lots are used in this development. on motion of: Mr. Gill'ispie,i- "seconded by Mr. Bergen,. it was RESOLVED that Frances• and Ralph" Mims be granted permission to reduce area, front- yard setback, to 34.5 feet-on• Seventh, St' and rear yard setback to 19 feet .on their lot located on the east side of Seventh Street- and south side of Flint Street, Greenport Driving',Park,., Greenport, New York. Vote of the -Board: •Ayes: Mr. Gillispie,. Mr. Bergen, , Mr. Rosenberg, and Mr. Grigonis. . PUBLIC HEARING: Appeal No. 523 - September. 27, 1962,. upon application, of James . P. Heath, 27-89 Schley Avenue, Bronx 69, New : Southold Town Board of Appeals - -9- October '. 11,. 1962 Yoxk,_ for a variance in accordance with the 'Zoning- Ordinance, - Article III ,- Section 304, for permission to build. addition. on the front of existing dwelling reducing the front yard setback. Location of property: east side" Sigsbee Road.,a.. Mattituck,, New York.. Lot- No. 82 on map of Mattituck-, Park Properties,, bounded north.,by J. Burden,, east -by .now or formerly Haggerty- Estate,, south by T... W. Abrams, and west by,Sigsbee Road. Fee paid $5. 00. The Chairman opened- the hearing by reading.' application for a variance,, legal notice of hearingi.- affidavit- attesting to its publication-. in the .official newspaper and notice to the applicant. THE CHAIRMAN: - Is there anyone present who wishes to Epeak for this application? � WILLIAM WICKHAM, ESQ. , Mattituck: - I would,, I had hoped Mr. Heath could ,be here tonight'but. he could .not make it- at the ,last' -moment, but Mrs., Heath 's sister is here and will answer any questions that you might have. You have corrected my error where 1 stated the house is 32 feet back. I checked_ it this afternoon for the mason and we came to' 33 ft. 9 in. and the addition would be 17 ft. 9 in. I have photocopies of the sketch prepared by Mr. Heath for the Board to see. -,The - first stage of construction would be to add 16 ft. in the front. It would bring the front of the house to 17 ft. 9 in. from `the front property line. Within a year or so he would like to add to the rear putting _a, kitchen, and full bath on. The lot is 140 ft. in depth and 50 ft. on Sigsbee Road. All the lots in the area are 50 ft. The setbacks on ' this road are varied.,.. some are in, front .of the Heath house and some set back further. This is the only way Mr. Heath .can carryout his full expansions he has six children and the- extra bedrooms are badly needed. We do not think it will interfere with any of his neighbors.,r. as it is 'notaquestion of building too close to the line. MR. ROSENBERG: , When .you say you will not .interfere- with the neighbors I cannot agree with that- because the neighbors house is 26 feet back- and you propose 17 feet. (Mr. and -Mrs.. Philip Dietz.,, brother-in-law .and sister of Mrs. Heath spoke in favor of the application and answered questions , of the Board. ) MR. WICKHAM: ' Everyone in the area seems to be. in favor of this. We have heard of no one in opposition to it. Southold Town Board of Appeals -10- October 11, 1962 THE CHAIRMAN: I think that the 17 ft. setback is too close. The average there is 36 feet. I do not say that you should remain at 36 feet, but 17 feet would be a hardship to your neighbor as they would be faced with a wall in their view to the south. we MR. WICKHAM: Could/be granted a recess until your next meeting so I may discuss this with Mr. Heath? On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that James P. Heath, . Appeal No. 523 be granted a recess until 7:30 P.M. , Thursday, October 25, 1962. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 520 - 9:30 P.M. (E.D.S.T. ) , upon application cE.August F.. Rucks and Matilda Rucks, East and Fleet- wood Roads.,. Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III,.. Section 303 and Article X, Section 1000A, for permission to divide property into two lots each having reduced frontage on East Road. Location of property: east side Betts Street, north side East Street, and west side Fleetwood Road, Cutchogue, New York, bounded north by C. Burberry, east by Fleetwood Road,_ and south by East Road,. and west by Betts Street. Fee paid $5. 00. The chairman opened the hearing by reading application for a variance, 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? WILLIAM WICKHAM, ESQ. , Mattituck: Mr. Rucks is selling this property because he has to move away from Cutchogue. We have contracts on these two lots pending the granting of a variance. Each lot contains more than 12,500 sq. ft. as required by the Ordinance and have more than 100 feet on one street but only 95 feet- on East Road. Southold Town Board of Appeals 11- October 11e 1962 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 this property is bounded by three .streets and contains approximately. 33;000 sq. 'feet. All other plots similarly, -located are divided into two or more building lots. ."The lots in question will have individual frontages . of 149 feet.and 195 feet respectively and each, will contain considerably more than the 12..500 sq. feet , required.by the Zoning Ordinance. . The lots are slightly less than .100 ft. on East Road and for that .reason thevariance is sought. The- rear- lines are, more than 100 ft. The Board feels that .taking all conditions 'into consideration a definite practical difficulty exists and a variance should be. granted. "On motion of Mr. Gillispies seconded by Mr." Grigonis,. it"was . RESOLVED that- August.: F. Rucks and. Matilda Rucks be granted permission to divide property. located ath the east- side. Betts - Street, north side East-: Street . an d west side Fleetwood Roadr. Cutchoguer into two lots. . Westerly lot: 94.41 feet- oni East" Roadr, 195.78 feet on. Betts Street,. 105.85 feet,-on the , northr 165 feet on the east. 'feet on East". Roads 149.16 feet".on Easterly lot: 94.40 Fleetwood Roadr.. 105.86 feet on,.the northr 165 feet on. the west. Vote of the Board: Ayes: - Mr. Gillispier: Mr. Bergen, Mr. Rosenberg,, and Mr. Grigon is. - On motion of' Mr. Gillispie.,, seconded by Mr. Bergenr it was RESOLVED that the minutes of September 27,. 1962 be approved. as submitted. . Southold Town Board of Appeals -12- October 11, 1962 Vote of the Board: Ayes: - Mr. Gillispie, . Mr.. Bergen,. Mr. Rosenberg, and Mr.. Grigonis. The Board of Appeals received notice from the Town Board stating that the name of Bowery Lane has been changed to Akerly Pond Lane upon resolution of the Town Board adopted October 9, 1962. The next meeting of the Southold Town Board of Appeals will be held 7:t30 P.M. , Thursday, October 25, 1962 at the Town Office, Main Road, Southold. New York, On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 8: 00 P.M. (E.D.S.T. ) , Thursday, October 25, 1962, Town Office, Main Road, Southold: New York as time and pla ce for hearing upon application of John H. Molitor, 501 West 7th Street,, Plainfield, New Jersey, 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. Vote of the Board: Ayes:- Mr® Gillispie., Mr. Bergen, Mr. Rosenberg,, and Mr. Grigonis® On motion of' Mr. Rosenberg, seconded by Mr. Grigonis, it was ABSOLVED that the Board of Appeals set 8: 15 P.M. (E.D.S.T. ) ,. Thursdays_ October 25, 1962, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Edward G. Abitz, Reeve Avenue, Mattituck, New York, a/c John Winters, 4331 White Plains Road, Bronx 66, New York, for a variance in accordance with the Zoning Ordinances 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 Depp Hole Creek, east by R. L. Bleimiller, south by Luptons Point Road,, and west by--William C. Easke. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. r r Ste. Southold Town Board of Appeals -13- October 11, 1962 It was further RESOLVED that legal notice of the hearings be published in the official newspaper on October 18,r 1962. Vote of tYPeBoard: Ayes: - Mr. Gillispier Mr. Bergen.. Mr. Rosenberg, and Mr. Grigonis. `The Board of Appeals received two letters from Mrs. Frank Todrickr Sigsbee Road.. Mattituckr. New York relative to the location of a garage built by Mr. William Gunther, her next door neighbor. The Board granted Mr. Gunther a variance to locate his garage 352 feet from the front property line and 5 feet from the southeasterly line. Mrs. Todrick is not in accord with the Board's decision. A letter was forwarded to Mrs. Todrick stating that the Gunther matter was processed according to the requirements set forth in the Ordinance and in the same manner as all other applications. The minutes of the public hearing and action of the Board of Appeals are available to the public. Meeting adjourned at 10: 45 P.M. Respectfully submitted,. t�� Judith T. Boken, Secretary APPROVED Chairman hoard of peals