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HomeMy WebLinkAboutZBA-09/27/1962 r ' i z can S0UTH0LD, L. I., 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 I N U T 'E S SOUTHOLD TOWN BOARD OF APPEALS September 27.,, 1962 A regular meeting of the Southold Town Board of Appeals was held 7: 30 P.M..,, Thursday, . September 27,, 1962 at the Town Office, Main Road,, Southatl,, New York. There were present: Messrs. Robert-W. Gillispie, Jr. , Robert Bergen, Herbert-Rosenberg, and Charles Grigonis, Jr. Absent: Mr. Serge Doyen,. Jr. PUBLIC HEARING: Appeal No. 509 - 7: 30 P.M. '(E.D. S.T. ) , upon application of Charles F.. and Luella Atz, Knoll-Circle and Bayview` Drive, Gardiner's Bay- Estates, East Marion,. New York, for a variance in accordance with the zoning Ordinance,, Article III,.. Section 303 for permission to reduce area of Lot No. 38 at Gardiner's Bay Estates., East Marion. . Property bounded north by Bayview Drive, east by D. K. Smith, south by other land of Charles F. & Luella Atz, and west by Knoll Circle. Fee paid $5. 00. r Southold Town Board of Appeals -2- September 27, 1962 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? MRS. FLORENCE MACK, Southold: I represent the propective purchaser. The surrounding lots on Knoll Circle are considerably smaller than this piece would be after the piece is taken out. Lots 38, 61 and 36 are considerably .smaller. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (there was no response.. ) (Mrs. Mack explained to the Chairman that the wedged shape piece was taken from the lot because the owners, Mr. and Mrs. Atz erected a dwelling on Lot 37 and one corner of it encroached upon lot 38.. ) THE CHAIRMAN: Are there any other questions? (There was no response. ) After investigation and inspection the Board finds that the - proposed division is desired because the present residence on lot 37 encroaches upon the adjoining lot 38. The portion of lot 38 which is excluded from the original layout does not affect the road frontages on two streets. The Board feels that it is important that more side yard be left between the existing residence and lot 38 than technically required. This is requested by the applicant. Lot 38 being a large corner lot there is ample area for the proposed division. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Charles F. and Luella Atz be granted permission to reduce area of lot No. 38 at Gardiner's Bay Estates, East Marion. Vote of type Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals -3- September 27, 1962 PUBLIC HEARING: Appeal No. 510 - application of George W. Smith & .Sons, Main Street, Southold, New York, for a variance in accordance with the Zoning Ordinance,,- Artic le III,, Section 303 and Article X,. Section 1000A., for permission to reduce frontage and area of a lot located on the west side of Madison Street, Greenport, New York. Property bounded north by J. . Helinski, east by Madison Street, south by G. Smith, and west by Fleetfield Subdivision. 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? MR. DANIEL SMITH, Southold: This transaction took place several years ago and my father made the arragements with Renny Terry. . . We thought that this property could be sold in 75 ft. lots since the development was started before zoning. The two lots to the south are under contract to one person and I asked them if they would let us change the contract to 125 feet rather than 150 feet and they refused. If they did that we would have a ' 100 ft. lot. 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 while this lot was not sold until shortly after the enactment of the Ordinance this area was plotted into 75 ft. lots and sold and used and acting upon erroneous advice the 75 ft. lot in question was sold. The applicant has attempted to purchase 25 feet of the 150 feet remaining in this tract but the present owner intends using the entire 150 feet for a single building plot for his own residence. The division will not alter the character of the neighborhood and there exists a practical difficulty as well as a unique situation. On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was Southold Town Board of Appeals -4- September 27, 1962 RESOLVED that George W. . Smith &Sons be granted permission to xeduce frontage and area of a lot located on the west side of Madison Street, Greenport. Size of lot: Frontage on Madison Street 75. 66 feet, depth -north 140 feet, south 1.30 feet, rear 75 feet. Vote of the Board: Ayes: - Mr. Gillispie,. Mr. Bergen, Mr. Rosenberg,, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 511 - 8: 00 P.M. (E.D.S.T. ) ,. upon application . of Martin Gramlich, a/c Greenway Realty Corp. , 7 Abbington Drive, Huntington, New York, for a special exception in accordance with the Zoning- ordinance,,, Article III, . Section 386, for permission to locate a temporary sales office on property of Greenway Realty Corp. , Main Road, Orient, New York. . Property bounded north by other land of Greenway Realty Corp. , east by Greenway Eakt, smth by Main Road, and west by Orville Terry. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exception, 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? MR. MARTIN GRAMLICH,. Huntington: I do. This narrow strip was created because of the location of the road, Greenway East. It is of no value to us and we would like to put up a small 12 ft. by 8 ft. sales office there. MR. ROSENBERG: In other cases we have only granted temporary permits. If this is granted it will be for one year and if there is no change at the end of the year you can apply to have it renewed. 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 inasmuch as the land in question is strictly a buffer strip and Southold Town Board of Appeals -5- September 27, 1962 cannot be used for building purposes and the applicant proposes to erect a temporary sales office about 300 feet from the entrance tb this development that the application should be granted with the condition attached that the temporary building may remain for one year and is to be used exclusively as a sales office for the development in question. The conditions and standards set forth in the Ordinance have been met and the right to a special exception exist. On motion of Mr. Gilli spie, seconded by Mr. Grigonis, it was RESOLVED that Martin Gramlich, a/c Greenway Realty Corp. be granted permiff."ion to locate a temporary sales office for one year on their property at- Orient,. New York. This office is to be located on the buffer strip at the entrance to "Green Acres" Subdivision and is to be used exclusively as a sales office for . the development in question. Vote of the Board: Ayes Mr. Gillispie, Mr. Bergen, Mr. . Rosenberg, and Mr. Grigonis. PUBLIC BEARING: Appeal No. 513 - 8: 15 P.M. (E.D.S.T. ) , upon application of Otto &Elizabeth A. Yaro, 119-43 80th Road, Kew Gardens 15, 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 containing insufficient areal but with reduced frontage. Location of property: north side Minnehaha Boulevard, Southold, New York, bounded north by-Wabun Street, east by J. M. Lohn, south by Minnehaha Boulevard, . and west by-C. F. Wright. 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? Southold Town Board of Appeals -6- September 27,, 1'962 MR. JAMES BIRCH, - Southold: I am a neighbor of Mrs. Yaro and she is unable to be here,.tonight because of illness in her home. I live around the corner and I would like to .state that . there is sufficient footage on the lot- she appeals for and there is a. garage she will move to, the main parcel. This variance would improve the area and in .fact .add 'to it and the neighbors in the. area appxeve of a variance. The home is on lot .69. (There was a discussion relative to moving '.the garage to the parcel with the residence and. since the lot has frontage on Minneh'aha Boulevard and Wabun- Stre'et, the front of>the 'lot and rear ,of the lot, it would.be impossible to locate the garage on the lot- with the residence. Mr. - Birch agreed and stated - that it is possible they would place the garage in, the center. of ' the lot no. '70 and improve it. . At -present the- garage stands;:Ion -the dividing line. of lots69 and 70. ) TBE- CHAIRMAN: Is there anyone present who wishes to speak ' against this application: (There was no response. ) After investigation- and inspection the Board finds that the parcel in question consists - of two lots ' of a comparable size and shape of other lots in' th is development. The existing residence is centered .on one lots- #69, but the existing large garage encroaches the west.:;:_ lot- #70. The Board finds that. there exists' a practical difficulty and a unique situation and 'the character of., the neighborhood and adjoining lots will not ,be altered provided that. the garage be moved and so placed that it conforms to the terms of the' Ordinance. This mut be performed before lot 70 . is sold. . .On motion of:Mr. Gillispie,, seconded by Mr. Rosenberg, it was RESOLVED that Otto and Elizabeth A. Yaro be granted permission to divide property into two lots with reduced frontage. Property located at Minnehaha Boulevard. The westerly lot contains over 13, 000 sq. ft. and is bounded 75 feet-on Wabun: Street.. 183 feet -on the east, 86 feet on- 'Minnehaha Boulevard and 150 feet on the west. The easterly lot- contains over 14,500 sq. ft. and is bounded 70 feet on Wabun,:Street, 214 feet on the east, 80 feet - on Minnehaha Boulevard and 183 feet on the west. - Southold Town .Board of Appeals -7- September 27, 1962 I.t is stipulated that the existing garage must be moved and so placed that it conforms to the terms of the Ordinance and this must be done before lot 70 is sold. Vote of the Board: Ayes:- Mr. Gillispie,, Mr. Bergen,. Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 514 - 8:30 P.M. (E.D.S.T. ).,. upon application of Alfred Amante,, .and Victoria Amante 49 Anchor Court,. West Babylon, New York, for a variance in accordance with the Zoning .Ordinance, Article III,- Section 303 and Article X. . Section 1000A, for permission to reduce frontage on two lots and enlarge frontage on one lot. Location of property: west side private right-of-way, south side Main Bayview Road, Southold, New York, bounded north by J.- Agugliaro,, east by private road, south by-D.- A. Kant, and west by Canal. Fee paid $5. 00. The chairman opened the hearing by reading application for a variance, legal notice, 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? MR. ALFRED AMANTE: There is nothing further to add. This house was built about eight years ago. It was built too close to the northerly line and now we wish to sell the house and we wish to give the new buyer enough .side yard on the north. There is only about 4 feet now. To do this we must take five feet from the remaining two lots. 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 the application is to relocate the side lines of three lots in question. Southold Town Board of Appeals -8- September' 27,, 1962 In -order to. provide adequate side yards for the residence located on lot no. ,1 as shown on the attached survey the present- lot- should be enlarged by 10 feet and instead of leaving, two adjoining lots of 80 ft. _and 90 ft. the .lots 'should'b e 85 ft. each which would observe the intent of the: Ordinance. The,. three lots in question. are in the midst of much smaller lots. The requirements set forth whereby a variance maybe granted have been met. , On motion: of Mr. Gillispie, ,seconded. by Mr. Bergeni ' it; was RESOLVED that Alfred Amante',and. Victoria' Amante be granted permission to divide their property into three lots as follows: Parcel One:- Beginning at a point on the westerly line of a 50 foot- private road 260 feet southerly along said line X from the southerly line of Bayview Road; , running .thence along the westerly line, of said private .road South 25 degree's16 minutes 10 seconds' Westr a distance of 110 feet; thence North 59 degrees 01- minutes' West, a distance of 90 feet; thence North 25 degrees 16 minutes 10 seconds East, a distance' of 30 feet; th.ence, North 59 degrees 01 minutes' West,;. a. distance of 70 feet; thence North 25 degrees 16 minutes 10 seconds East ' a 'distance of 80 feet to parcel '(2) thence along .said parcel (2) South 59. degrees. 01 minutes East, a, distance of 160 feet to the point- of' beginning. Parcel Two: - Beginning at a point on the westerly line of a 50 foot private road 115 feet southerly along said line from Bayview Road; running thence 'along the westerly, line of said . private road South 25 degrees 16 minutes 10 seconds".West., a distance of 85 feet to• parcel . (1),; thence along' said parcel (1) North 59 degrees Ol minute West,: a distance of 160 feet; thence 'North 25 degrees 16 minutes 10 seconds East, a distance of 85 feet ' to parcel .(3) ; thence along said parcel '.(3) .South 59 degrees -01 minute Eastr, a distance of 160. feet to. the point,.of beginning. Parcel Three: Beginning at. a point on the westerly line of a 50 foot private road 90 feet southerly along said line from the southerly. line of. Bayview Road; running thence along .the westerly line Iof; said private road- South '25 degrees 16 minutes 10' seconds westr,. a distance of 85 feet-. to parcel- (2) ;_ thence along said parcel (2) North 59 degrees 01 minutes' Westr. a distance of 160 feet; .thence North . 25 degrees 16 minutes 10 seconds East, a Southold Town Board of Appeals -9- September 27, 1962 distance of 85 feet; thence South 59 degrees 01 minute East, a distance of 160 feet to the point of beginning. . Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen` Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 512 - 8:45 P.M. (E.D.S.T. ) -, upon application of William Pollert, Pine Neck Road, Southold, New York, for recognition of access in accordance with State of New York Town Law,, Section 280A. Location of property: easterly end of a private right-of-way off of: Pine Neck Road,- Southold, New York. Property bounded north by Jockey'Creek, east by Lighthouse Development Corp. , south by Lighthouse Development- Corp. , and west by- Offner. Fee paid $5. 00. The Chairman opened the hearing by reading application for recognition of access, 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? MR. WILLIAM POLLERT: Everything is contained in the appli- cation. The road is 30 ft. wide and completely passable. This isthe fifth lot that I plan to sell along the water front. 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 a paved 30 foot road extends to a short distance from this lot and a narrower substantial passable road reaches the Pulitzer lot which is the subject of this applications The conditions and terms set forth in the Ordinance are fully complied with and the right to access exists. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was Southold Town Board of Appeals -10- September 27, 1962 RESOLVED that William Pollert.be granted recognition of access to lot indicated asPulitzer located on the easterly end of a private right-of-way off of Pine Neck Road. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis® The Board of Appeals received the following letter from George A® McMann, Jr.; "We respectfully request that the application of' Edwin H. King scheduled for a hearing at 9: 15 ' P®M. on September 27., 1962 be withdrawn. " On motion of Mr® Gillispie,a, seconded by Mr. Rosenberg, it was RESOLVED that the Appeal No. 515 of Edwin H. King be with- drawn at the -request- of the applicant's attorney George A. McMann,. Jr. Vote of the Board: Ayes: - Mr. Gillispie, Mro Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that the minutes of the meeting of September 13, 1962 be approved as submitted® Vote of the Board: Ayes:- Mr: Gillispie, Mr. Bergen.,, Mr. Rosenberg] and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held 7: 30 P.M. , Thursday,, October 11, 1962 at the Town Office, Main Rca d, Southold, New York® Southold Town Board of Appeals -11- September 27, 1962 On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that the Board of' Appeals set 7:30 P.M. , Thursday` October 11t 1962, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Edna' A. Browns Main Road„ East Marion, New York, a/c Hildegard Hawkins, 2807 Spangler Lane, Bowie, Maryland,. for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X,. Section 1000A2, 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. Vote of the Board: Ayes: - Mr. Gillispie,, Mr. Bergen,. Mr. Rosenberg,, and Mr. G rigonis. On motion of Mr.Rosenberg, seconded by Mr. Bergen` it -was RESOLVED that the Board of Appeals set 7:45 ,P.M. (E.D.S.T. ) ,, Thursday, October 11, 1962, Town Office, Main Road, Southold, New York as time and place for hearing upon application of-R. Dalder &' Sons, 111 Beach Road, Westhampton Beach, New York, a/c Mary Milligan, 76 Denhoff'Avenuet Freeport, New York,. for. a variance in accordance with the Zoning Ordinance, Article III,, Section 300, Subdivision 7,,, for permission to erect private detached garage in the front yard area. Location of property: south side private right-of-way, off of Camp Mineola Road,, Mattituckt New York. Property bounded north by right-of-way,. east by J. Peters,. south by Peconic Bay and west by W. Tufano. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. G rigonis. On motion of Mr. Bergent seconded by Mr. G rigonis, it was RESOLVED that the Board of Appeals set 8: 00 P.M. (E.D_S_T. ) , Thursday, October 11, 1962, Town Office, Main Road, Southold,, New York as time and place . for hearing upon application of` Elizabeth Olsen, Jackson and First- Streets, New Suffolkt New Yo3k , for a variance in accordance with the Zoning Ordinance, Article III, Section 303, for permission to erect cottage on bt with reduced frontage. Location ofproperty: south side Jackson Street, west Southold Town Board of-Appeals. � -12- September 27,.. 1962 side First-Street, New Suffolk, New York, bounded north by ,Jackson Street, east by: First-Street,_. south by• Peconic Bay, . and west by ' Second Street: Vote of the Board: Ayes:- Mr. Gillispiet, Mr. Bvrgen, Mr.. Rosenberg, and Mr. Grigonis. On motion of Mr. Grigonis, seconded.by Mr. Gil-lispie,_ it was RESOLVED that the Board of` Appeals set 8. 15 P.M. (E.D.S.T. ) , Thursday, October il, 1962,, Town Office., Main Road,.. Southold, New York- as time and place for hearing. upon application of Manuel D. . Gloria and Dorothy Gloria, Ninth,.'Street, Greenport, New York, , for- ' in a variance' in accordance with the� Zoning Ordinance, Article III:,. Section 303 . and Article` X-z. Section 1000A,, for permission to establish a' lot with. reduced area, leaving a lot with reduced area. Location of property: south 'side Flint .Streets, Greenport, New York, .map -of Greenport-.Driving Park, bounded north by Flint- Street,, east by 0, Shedrick, . south by Testa and Mack.., and -west-by-O.- Smith. Vote of the Board:. Ayes:- Mr. Gillispie,. Mr. Bergen.. Mr. Rosenberg,, and Mr. Grigonis. On motion of'Mr. Gillispie,, seconded by Mr. Rosenberg, it was RESOLVED.' that the Board. of:Appeals, set 8:.30 P.M. '(E.D.S.T. ) ,. Thursday, October 11, ',1,962s Town Officer Main Road,. Southoldt :New York as time and place for hearing upon application of Timberland Assoc..,. ,Inc. , Mott'.Road, Box 275,. Coram, .New York, for recognition of access in accordance with State of-New York Town .Law,. Section 280A. . ...'Location of property: north side private right-o-f-tay (Maple Lane):;; off of the east side Grand Avenue.. Mattituck, New York. Property -bounded north by private right-of-way, east- by-F.- Edelman Estate,, south by-Maple- Lane, and west by A.. Suter. Vote of the Board: Ayes:- Mr., Gillispie, Mr. Bergen,.. Mr. Rosenberg, and Mr. Grigonis. On motion.. of Mr. Rosenberg,, seconded by,Mr. Bergen, it was RESOLVED that the Board of- Appeals set- 845 ; P.M. (E.D.S.T. ).,, Thursday, October ll, 1962,Town Office,. Main Roadr. Southoldj, New York as time and place for hearing upon. applicetion of Ralph Mims and Frances Mims.j Third Street, Greenport, New York, for a variance Southold Town.' Board of' Appeals. -13- September ;27,. 1962 in accordance with the Zoning' ,Ordinance,. Article III, Section 3031 - Section 3061 .-and Section 308, for permission to reduce area, front yard setback and rear yard setback. Location of property: south side Flint Street., eatt side' Seventh Street,. Greenport' Driving Parkl, Greenport, New York,.. bounded north by.-Flint- Street, east 'by- P. Zelack, south by P.. Zelack, and west-by- Seventh Street. Vote of. the Board:, Ayes:- Mr. Gillispie, Mr. Bergen,;. Mr.- Rosenberg, and Mr. Grigonis. On motion of Mr. Bergen seconded by Mr. Grigonisr it was RESOLVED that the Board .of Appea ls7 set 9:00'_P.M.. '(E:D.S.T:) ... Thursday,. •,October 11, 1962, . Town. Office,. Main Road... Southold&,, New- York as time,: and place .for hearing -upon application of James' P. Heath_,. 27-89 Schley' Avenue,, Bronx 69, New York,, fora 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, 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. -Vote of the Board: Ayes:- Mr. Gillispie,, Mr. Bergen,. Mr:. Rosenberg, and Mr. Grigonis. On motion of Mr. Grigonis, seconded by-Mr. Gillispie,- it- was REGOLVED that the Board of=Appeals set 9:30 P.M. (E.D. S.T. ):,., Thursday, October 11, 1962, Town office, Main Road,. Southold, New York as time and place forhearing upon application of`August F.. Rucksl and Matilda Rucks_,. East and Fleetwood 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 onEast Road. Location of- property: east side Betts, Street,- north side 'Easti.Street, and west sideFleetwood Road,. Cutchogue., New York, bounded north by C. Burberry, ,east by Fleetwood Road, south by-East- Road, and west by Betts• Street. Vote of the Board: Ayes Mr. Gillispie,, Mr. Bergen, Mr. Rosenberg, and Mr.. Grigonis. Bouthold Town Board of Appeals -14- September 27t 1962 It. was FURTHER RESOLVED that legal notice of hearings be published in the official newspaper on Thursday,, October 4, 1962. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr® Rosenberg? and Mr. Grigonis. Meeting adjourned at 10:30' P.M. Respectfully submitted, Judith T. Boken, Secretary