HomeMy WebLinkAboutZBA-09/13/1962 o
SOUTHOLD, 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. 13,.. 1962
A regular meeting of- the Southold Town Board of'Appeals was
held 7:30 P.M. , Thursday, September � 13s,,� 1962 at 'the Town Office,
Main Road,. Southold,_ New York.
There were present: Messrs. Robert-W. Gillispie, Jr. ,
. Chairman, Robert Bergen, Herbert- Rosenberg,, and Serge Doyen;,. Jr.
Absent: Mr. Charles Grigonis.,. Jr.
(Mr. Bergen disqualified himself from the following hearing. )
PUBLIC DARING: Appeal No. 499 - Upon application of Irving
and Eleanor' Scholtz,. Main Road,. Laurel, New York, 'for a special
exception in accordance with the Zoning Ordinance,, Article IV,
Section 400, Subsection 91 forpermission to install gas pumps,
diesel fuel and kerosene on the premises of their general store.
Location of property: north side Route 25, Laurel, New York,.
bounded north by M. & M. Scholtz,, east by _S. Saunders, south by
Route 25 'and west by"E. Scholtz. Fee paid $5. 00.
This hearing was recessed from 8:30 P.M. , August 30, 1962.
The Chairman again read the application for a special exception,.
Southold Town Board of Appeals -2- September 13, 1962
legal notice of hearing, affidavit attesting to its publication
in the official newspaper and notice to the applicant.
(The Chairman stated that- all members of the Board with the
exception of Mr. Doyens from Fishers Island have examined the
property. Mr. Gillispie described the size of the property and
then read the gas station conditions established by the Board. )
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. IRVING SHOLTZr Laurel: There is nothing more I can say
other than what I have submitted with the application.
THE CHAIRMAN: Have you ever had a station there?
MR. SCHOLTZ: My brother had one where Laurel Inn is now,,
some years ago. He had a general store with gas pumps out in
front. At that time all the land was in one parcel.
THE CHAIRMAN: You wish to solicit diesel fuel for trucks?
MR.
SCHOLTZ: Not necessarily, I do not particularly want
diesel trucks. Some people that- live around there have asked me
to get kerosene for them.
THE CHAIRMAN: You would be permitted to sell kerosene without
securing permission from the Board of Appeals. That would be
incidental in connection with your general store.
Is there anyone present who wishes to speak against this appli-
cation?
(There was no response. )
(Mr. Scholtz stated that her. as well as his neighbors use
each others property for parking and passing from one property
to another, therefore he would have sufficient area for trucks
and cars. It was explained to Mr. Scholtz that either of his
neighbors could put up a fence if they desired and he would still
only have 67 ft. frontage for his general store and gas pump
facilities. Once Mr. Scholtz receives permission for a gas
statinn he may have all the items which go with it, such as
tires and batteries,, and so forth. )
Southold Town Board of Appeals -3- September 13, 1962
After investigation and inspection the Board finds that the
special exception requested is to operate an automobile service
station on the premises of their general store in Laurel.
They propose to install the pumps on the 23 feet front yard
which is approximately the required front yard. There is in-
sufficient area to meet the requirements set forth by the oil
companies and the Board of Appeals for pumps, etc. The property
frontage is 67 feet 6 inches. The present side yards are approx-
imately 17 feet each.
This property faces the state road at a no passing zone.
The applicant has not met the conditions set forth in the
Ordinance.
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was
RESOLVED that Irving and Eleanor' Scholtz be denied permission
to install gas pumps,4giesel pumps on their premises at Main Road,
Laurel, New York.
vote ofthe Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and
Mr. Doyen.
PUBLIC HEARING: Appeal No. 503 - 8: 00 P.M. (E.D.S. T. ) ,. upon
application of Irene S. Martin, Old Shipyard Lane, Southold and
Dorothy Longworth, Rabbit Lane, East Marion, 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. containing less frontage and area than
prescribed by the Ordinance. Location of property: east side
Bay Avenue, East Marion, New York, bounded north by Marion Lake,
east by Marion Lake, south by J. Brown, and west by Bay Avenue.
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 -4- September 13, 1962
(There was no response. )
THE CHAIRMAN: Is there anyone present who wishes to speak
against this applicatinn?
(There was no response. )
After investigation and inspection the Board finds that
the two cottages located on the applicants property were erected
prior to 1957.
Practically all properties in this area are undersized lots.
The proposal to divide the property will result in two lots larger
than most of the properties in the neighborhood. The property in
question is being enlarged by returning the Marion Lake frontage to
its original size prior to severe storm damage.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED thaat Irene S. Martin and Dorothy Longworth be granted
permission to divde property into two lots with reduced frontage and
area. Location of property: east- side Bay. Avenue, East Marion, New
York.
Longworth lot: Frontage 69. 0 ft. ,. Rear 54. 0 ft. ,. Depth 59.49
ft. north side, 70. 0 feet south side.
Martin lot: Frontage 60. 0 ft. , Rear 65. 0 ft. , Depth 70.0 ft.
north sides 95p0 ft. south side.
vote of the Board: Ayes: - Mr. Gillispig, Mr. Bergen, Mr.
Rosenberg, and Mr. Doyen.
PUBLIC HEARING: Appeal No. 504 - 8: 15' P.M. (E.D.S.T. ) , upon
application of Lewis E. and Grace F. Raymond, Rocky Point-Road,
East Marion,. New York, for a variance in accordance with the Zoning
Ordinances. Article III, Section 300, Subdivision 7, for permission
to erect a detached/garage in the front yard area of property located
private
on the west side Rocky Point Road, East Marion, New York, bounded
north by Long Island Sound, east by Rocky Point Road, south by
right-of-way, and west by McCann and Raymond. Fee paid $5. 00.
Southold Town Board of' Appeals -5- September: l3,, 1962
The Chairman opened the, hearing by reading application, for
a variance,, " legal, notice of hearing,, aff davit" 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. JIM ROGERS, East Marion: I was. asked to represent- the .
Raymonds, they--have been called out of- town. This is the only
place that, they-.could build a garage without enduring a lot- of
hardships. There are a lot- of 'rocks ,three or four feet- high.
In fact, where the garage is to be built there is one huge rock
.that" will have to- be removed.
THE' CHAIRMAN: Are the Raymonds agreeable to having the
entrance face the west, •away,'from the "road?.
MR. ROGERS: Yes. The garage will be approximately 24 feet from
the ,property line onSound Road.
MR. ,ROSENBERG:. As, it is. the road itself is higher than the
garage level.
THE CHAIRMAN: Is there anyone else present- who wishes to
speak for this, application? Y
(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
due to topography and location proposed .for the erection of a
garage it is the only area comparatively free of large boulders.
The garage may be placed no Tess than "25 feet-.from Rocky
Point Roa& entrance -to. be on the south side facing the existing
driveway.
This variance would observe the spirit of the Ordinance ,and
-would not change' the character- of the district.
' Southold Town Board of'Appeals -6--. September. 13,. 196,2
On motion of,Mr,.. Gillispie,, seconded by Mr. Rosenberg, it
was
RESOLVED that Lewis E. and Grace, F. Raymond,- Rocky Point- Road.., .
East Marion be _granted permission to erect- a detached private
garage in the front yard_,of their propetty.., no closer than 24 feet
-from the front property line,._ and provided the entrance to this
garage is. on the .south side facing. on the existing driveway.
Vote of. the Board: Ayes:- Mr.. Gillispie, Mr. Bergent_ Mr.
Rosenberg, and Mr.. Doyen.
PUBLIC HEARING: Appeal No. . 505' - 8:.30. P.M. (E.D.S.T. ) ,, upon
application of-W. Harry•Listerr. Fleets Neck,.. Cutchogue,, New York...
for a variance in accordance with . the Zoning Ordinance, Article III,
Section 303 and Article'X, Section 1000A, for permission to use
' property-as a separate lot with reduced frontage. Location of
property:. south side' Southern Cross 'Road,. Cutchogue.., New York,
bounded north by Southern Cross Road, east by other land of-W.
Harry Lister.. south by-D. Fleet,. and west by otherland of W. Harry
Lister. 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.
TIHE' CHAIRMAN: Is there anyone present- who wishes to . speak
for this application?
(Mr. Charles Wysong asked" if it would be possible- for the
remarks to be made in connection with all three applicationsr
as they are all similar. - -The Chairman stated this would be
possible,, however,, it would- be necessary to handle each appli-
cation. individually according to the legal procedure. ) ,
MR. WILLIAM STARK; I appear- as attorney- for-W. Harry Lister
who is the owner of property at Fleets Neck. The facts in
connection with the application have been set- forth in the appli-
cation which, the Chairman just ,read.. This property was acquired
prior .to the ordinance and laid- out 'by Mr. Van Tuyl- at that time,
and at which time there was no. particu-lar frontage requirements.
Because of the peculiar- shape of this parcel and to get large size
Southold Town Board of'Appeals 7 September 13Z 1962
pieces it had to be , divided into one 104' ft. lot- with the :house
and three 90 ft:" parcels .on South Cross Road.. All of the lots
exceed the building requirements a's far as residential property.
I understand this matter was formally' presented to the Planning
Board and the Planning_ Board formally recommended that variances
be granted.
(The Chairman read the letter from the . Planning .Board. )
MR.. STARK: In: light of the water question which was ,,brought
up and a requirement bythe Planning Board,. Mr.. Lister,, who is
presently under a conditional contract- to sell lots 7 and 8 on h; s
map before you, has agreed with the prospective buyer' to extend the
private water system to serve the two lots. If 'the Board should
approve and grant this it will in no affect the density of.
population Each lot is of 'mo.re than minimum square footage. There
will be no over-crowding. As . far. as the character of the general
neighborhood",, the lots are as large if not larger than many on
Fleets Neck which existed before zoning,, and since .the lots were
..laid out before zoning it would have no adverse -affect,- on the,
neighborhood.
THE' CHAIRMAN:. The fact-he laid, ese. out before zoning does
not bind this Board. These lots are only 10/ smaller in frontage
than hormal,. however, and encompass ,in one case almost"16,000 sq,
ft. of area which is 20/ over the zoning requirement. Cases .where
this has occurred we have usually gone along with the developer
in granting variances. .Where insuffidlen,t area is concerned it
creates' a problem.
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?
MR. CHARLES 'WYSONG, "Pequash`Avenue,- Cutcho.gue: I wish my
remarks referred to all three ,applicationse I have a tax map here
of District No. 12, Sheet N. 5-' showing -these lots in. question,,. and
it - shows two 100 ft. dots and one 15.0. ft. lot and a '25 ft.- right-
of-way._ I do not agree with. the statement" that this was set up
before -zoning,, that is not true because there is the setup on the
tax map right - there. I do riot think there is a hardship.
Southold Town Board of-Appeals -8- September 13t _- 1962. .
Also,, he 'is. including _the 15.` ft. ' driveway in, the first lot.
MR. ROSENBERG: We are concerned with .lots 64P 7,,. and 8.
There is no question of: a variance for lot 5. : He may- se 11 the
entire lot- with, a condition in- the - deed that the buyer: will' give
a right-of-way and this will be in "the deed.
MR. WYSONG: In the first.- place he is asking fora_ change of
zone.
MR. ROSENBERG: That is not true. this is' an, .'=A" zone. What
he is asking for is a variance,,, and that is. correct.
MR-, WYSONG:' 'He is changing .the frontage and there is no
hardship involved,,, because he is- trying -to make four lots out of
three. What. he is' trying to 'do , is' not a. hardship,,, he should,
make. two .100 ft. lots and leave a- 150 ft' ' lot. Alsor, we hear
rumors that a. developer is going'-to try to reduce other lots in.
the area if this goes through.
'MR. ROSENBERG: The moment it. comes to more than four lots
they must- file a subdivision .and obey' the subdivision rules..
(Mr. Wysong kept ..insisting..that he, should go before the Town
Boardbecause he feels this matter is a change of zone. and the.
Board of Appeals has* no jursidiction . in the matter. The Board
tried unsuccessfully to correct`;this impression. He also '-charged
th at the Board published the .legal notice in a "shot gun" manner.
The Board also tried to explain that- this appeal ,was handled_
exactly the same as all others,,,, with publication five days prior
to the hearing. )
(A verbatim record of the objectors could not be. made as
more than one would be speaking at the same time. ) ,
(A delegation frorh the general area -was , present. . .Their
properties are from ,600 feet to 1400 feet distant,,.. only one being
on the same street. One hour was devoted to the remarks of the
delegation',and no information was added to that which" the "Board
possessedand which was given the delegation. )
The following. wished "their names .' noted in opposition'-: .
Southold Town Board of' Appeals -9- September 13r 1962
Henry W. Lauber
C. W. Wysong
Mrs. E. B. Fitzpatrick
Grace Wysong
Estelle K. Comes
K. E. Mulder
Palmer R. Griswold
Mae H. Lauber
Donald W. Cahill
William Jacklevic
Mr. Donald Cahill... Pine Wood Road, Cutchoguet stated that
he lives a block away from the lots in question and he is of the
opinion the lots should have 100 ft. frontage regardless of the
area. He does not feel there is a hardship and also the density
of population will be affected.
The question of the Planning Board report was again brought
up. - Prior to March 8. 1962 the applicant indicated to the Board
of Appeals that he was considering the subdivision in hand. The
Board referred the matter informally to the Planning Board principally
because a development in the immediate area was in process. The
Planning Board recommended after considerable discussion and consider-
ation that the layout proposed 'would be satisfactory and recommended
that variances be granted.
MR. Stark indicated that lots 5, 6t 7. and 8 were bought as
one parcel from the G. H. Fleet Estate. Thj:s property was
acquired in March 1957. Hi dic7a't know how the tax map divided
the property up, but any division shown on the tax map is an
unofficial one between the accessors for real estate and does not
- show how a man can divide his property. Lots It 2,. 3, and 4 were
acquired in a parcel in 1948.
THE CHAIRMAN: Does anyone wish to say anything further
either for or against this application?
(There was no response. )
After investigation and inspection the Board finds that the
three lots in question were divided as shown on the attached
survey dated April 22, 1957 but were not individually transferred.
The attorney for Mr. Lister and the objectors present asked
that any remarks would be attributed to the three lots - 6t 7, 8
as shown.
Southold Town Board of Appeals -10- September 13, 1962
The three lots immediately adjacent bn the south are 50,
60, 75 ft. wide respectively. The block bounded by four town
roads in which the three. lots in question are located contains
17 lots or parcels. Eleven are considerably smaller than Ordinance
requirements.
The entire area has many undersize lots. The plan for these
three lots has been recommended by the Planning Board.
The Board feels it would be a hardship to require that the
270 feet street frontage be so divided that two lots be created
rather than the three proposed. The three lots would have about
15,100, 16,650 and 18,000 sq. feet area respectively.
The three lots with 90 foot frontages would be in the midst
of lots considerably smaller.
On motion of Mr. Gillispie, seconded by Mr.. Rosenberg, it was
RESOLVED that W. Harry Lister, Fleets Neck, Cutchogue, New
York, be granted permission to use property as a separate lot with
reduced frontage. Property bounded north by Southern Cross Road,
east by other land of W. Harry Lister, south by D. Fleet, and west
by other land of W. Harry Lister. This is lot No. ' 6 on map of
lots made for W. Harry Lister by O. W. Van Tuyl & Son dated April
22, 1957.
Vote of the Board: Ayes:- Mr. G-illispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Doyen.
PUBLIC HEARING: Appeal No. 506 - 8:40 P.M. (E.D.S.T. ) ,. upon
application of W. Harry Lister, Fleets Neck, . Cutchogue,. New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 303 and Article X, Section 1000A, for permission to
use property as a separate lot with reduced frontage. Location of
property: south side Southern Cross Road, Cutchogue,.. New York,
bounded north by Southern Cross Road, east by other land of W.
Harry Lister, south by A. TenEyck, and west by other land of'W.
Harry Lister. Fee paid $5. 00.
Southold Town Board of'Appeals -11- September 13, 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.
During the first hearing, Appeal No. 505, the attorney for
Mr. Lister and the objectors present asked that any remarks would
be attributed to the three applications. See page 6.
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 the
three lots in question were divided as shown on the attached
survey dated Apri122, 1957 but were not individually transferred.
The attorney for Mr. Lister and the objectors present asked
that any remarks would be attributed to -the three Pots - 6, 7, 8
as shown.
The three lots immediately adjacent on the south are 50,
60, 75 ft. . wide respectively. The block bounded by four town
roads in which the three lots in question are located contains
17 lots or parcels. Eleven are considerably smaller than Ordinance
requirements.
The entire area has many undersize lots. The plan for these
three lots has been recommended by the Planning Board. .
The Board feels it would be a hardship to require thatthe
270 feet street frontage be so divided that two lots be created
rather than the three proposed. ,- The three lots would have about
15,100, 16,650 and 18,000 sq. feet area respectively.
The three lots with 90 foot frontages would be in the midst
of lots considerably. smaller.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
Southold Town Board of Appeals -12- September 13, 1962
RESOLVED that W. Harry Listerp Fleets Neck.... Cutchoguee. New
York, be granted permission to use property as a separate lot with
reduced frontage. Property bounded north by Southern Cross Road, .
east by other land of-W. Harry Lister, south by A. TenEyck, and
west- by other land . of W. Harry Lister. This lot is No. 7 on map
of lots made for W. Harry Lister by 0. W. Van Tuyl & Son dated April
22, 1957.
Vote of the Board: Ayes: - Mr. Gillispiq, Mr. Bergen,, - Mr.
Rosenberg, and Mr. Doyen.
PUBLIC .HEARING: Appeal No. 507 - 8: 50 P.M. (E.D.S.T. ) , upon
application of W. Harry Lister, Fleets Neck, Cutchogue, New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 303 and Article X, Section 1000A, for permission to
use property as a separate lot with reduced frontage. Location of
property: south side Southern Cross Road,:- Cutchogue, New York,
bounded north by Southern Cross Road, east by R. Williams, south .
by N. Weeks and other land of W. Harry Lister, and west by other
land of�W. Harry Lister. 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.
During the first hearing, Appeal No. 505, the attorney .for
Mr. Lister and the objectors present asked that any remarks .would
be attributed to the three applications® See page 6.
THE CHAIRMAN: Is there anyone present who wishes to q)eak
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 the
three lots in question were divided as shown on the attached
-Southold Town Board of Appeals -13- September, 13,r 1962
survey Idated April '22, 1957 but' were- riot- individually transferred.
The attorney for. Mr. .Lister and the objectors present asked that
any remarks would be attributed to the three lots_ -. .61 7.r 8
as shown.
The three lots immediately -adjacent- on the south are 50r.
60, 75' ft. wide respectively. The block bounded by four town
roads in which the threelots in.-question are. located contains
17 lots or parcels. . Eleven are considerably smaller than Ordinance
requirements. ;
The entire area has many undersized lots. The plan for- these
three lots has been recommended by' the Planning. Board.
The Board feels it would be' a hardship, to require that ..the
270 feet- street - frontage be so divided that two .l'ots be created
rather than the three proposed. The three lots would have about
15,100, ,16t650, and 18,000 sq. feet area respectively.
The three lots with 90 foot .frontages would be .in the midst
of lots considerably smaller.
on motion ..of 'Mr. Gillispier, seconded by .Mr. Doyen,,' it :was
RESOLVED that-W.. Harry Lister, Fleets Neck,.-Cutchoguer New
York, be granted permission to'use property as a separate lot with
reduced frontage. Property boundednorth by Southern Cross 'Roadr.
east-by R. Williams, south. by N. Weeks and other land of W.� Harry
Lister,,., and west by, otherland of'W.. Harry- Lister.. This lot is
No. 8 on map of lots made for Wo Harry Lister by O. W. Van• Tuyl &
Son dated April 22,, 195-7.
Vote of the Board: Ayes: - Mr. . Gillespie,.. Mr. Bergehs Mr.
Rosenberg, and Mr.. Doyer,.
PUBLIC HEARING: Appeal No. r.508 - 9: 00 P.M.. (E.D.S.T. r
upon application of Evelyn and.'William. Guntherr, Sigsbee Road, ,
Mattituckr New York, for a- variance in accordance with the
zoning Ordinance,,_ Article III,. Section 300t: Subdivision 7s for
Southold Town Board of Appeals -14- September 13,, 1962
permission to erect a. detached private garage in the front yard
area of property located on the east side Sigsbee Road, Mattituck,
New York, Lot No. 92 on map of Mattituck Park Properties® Property
bounded north by E. Gunther, south by F. Todrick, east by W.
Gunther, and west by' Sigsbee Road. 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. WILLIAM GUNTHER: We have decided that instead of placing
the garage where we show it on the application we figure we will
move it back so that it will not interfere with the neighbors
living room. If we move it back 5 feet-more it will not interfere
with the view of the room at all. It would then be -about 36 feet
from the street. The house next door has a bedroom on that side
also with three windows. One on the street, one on the side and
one on the back.
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
aga ins t this application?
MR. FRANK TODRICK, Sigsbee Rd, Mattituck: I am the next
door neighbor. What amount of frontage must there be from the
property line to the building?
(The Chairman explained that unless a garage is attached
to the house it must be located in the rear yard area and must
be 3 ft. from the side ::--- and rear line. )
MR. TODRICK: After the building hasbeen left for two years
doesntt he have to reapply to start work again?
MR. ROSENBERG; That is why he is applying for this variance.
A 5 ft. side yard is required on a lot of this size. Five feet
- on one side and 71-2 feet on the other side. -- Mr. Todrick,
how far is your house from your building line?
Southold Town Board of Appeals -15 September- 13* 1962
MR. TODRICK: - Three feet, but, it was built before zoning.
I feel my valuation will be reduced. I think. it. will create
a fire. hazard.' It will be 8 , feet from my house.
THE CHAIRMAN: What is the size of the room on,. that side
of your house
MR. TODRICK: About 10 feet-,by 18 feet. , There are three
windows in the bedroom and. this garage will cut - off light. and
air, of one window-.-by 30%.
MRS. GUNTHER: If we -were to : start- over- again and build
a house we could build it in that place. _ We could go. up to
5 feet from the line. , -- We .have narrowed the garage down
as it: is to help our neighbor. There are other houses in the
area with garages in' the . front.
.THE'.CHAIRMAN: Is there anyone else ,present who..wishes to
speak either .for or against this application?`
(There was no response.. )
After investigation 'and' inspection- the Board finds that
topographically. the only available site for a garage would be-.
the front, yard area, as the house is set at the--.,rear of the
property. Many garages .in .the urea are in the front yard.
The Board finds that. a garage should be permitted provided
it is no less than 352 feet- fr.om the front property -line and no
closer than 5 feet- from'- the southeasterly line. The garage to
be 172 . feet wide and '25 feet deep.
To place the. garage further' back .would deny access to the
side yard and rear. .of the present dwelling. The location permitted ,
would not interfere with the view from, the front enclosed porch-
of the adjoining house. ' This porch .is. located 20 feet .from the
front property line.
The Board finds it. would be a hardsh-, p to deny this appli-
cation considering all the circumstances.
on motion of _Mr., Gillispiei seconded by'Mr. Doyen: it was
RESOLVED that- Evelyn- and William Gunthere :.Sigsbee' Road,.
Southold Town Board of Appeals =16- September 13, 1962
Mattituck, New York, be granted permission to erect a detached
private garage in the front yard area of their property` no
less than 352 feet from the front property line and no closer
than 5 feet from the southeasterly line. This garage is to be
172 feet wide and 25 feet deep.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg,. and Mr. Doyen®
Mr. Doyen brought up for a brief informal discussion the
proposal of Mr. Gordon, Fishers Island, to build a garage in
the front property area.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the minutes of August 30, 1962 be approved as
corrected.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Doyen.
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was
RESOLVED that the following annual estimate be submitted by
the Board of Appeals to the Town Board of the Town of Southold for
the fiscal year beginning January 1, 1963:
(This estimate represents a nominal decrease of $670. 00 in
the total estimated income from appeal -applications. This decrease
is due to the change from $15. 00 to $5. 00 for appeal fees. The
total estimated expense of the Board remains the same as the
previous year. )
Secretarial Assistance at public hearings $250.00
Stationery, form printing and postage 200. 00
Library and Subscription to Zoning Bulletin 75. 00
Advertising of legal notices 500. 00
Travel expenses divided as follows:
1. . Estimated expenses for three members of
Board attendance at-Association of Towns
meeting in New York in February $375. 00
Southold' Town Board of Appeals -17- September 13, 1962
2. Estimated, expense of Mr. Doyen, Board
member from Fishers Island for attendance
at Board meetings in Southold $300. 00
3. Estimated travel expense of Board to
Fishers Island $125. 00
Total Travel Expense 800. 00
Remuneration of Board of Appeals: $1050. 00 of
which is remuneration to the Chairman and the
balance representing $950. 00 to each member. '850. 00
Total estimated expense of Board of Appeals $ 6675.00
Total estimated income from appeal applications 330.00
Estimated Net Expense $ 6345. 00
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr.
Rosenberg and Mr. Doyen.
On motion of Mr. Gillispiet seconded by Mr. Rosenberg, it was
RESOLVED that the Board of Appeals set 7: 30 P.M. (E.D.S.T. ) ,
Thursday,_ September 27, 1962, Town Office,. Main Road, Southold, New
York as time and place for hearing upon application of Charles F.
and Luella Atz, Knoll Circle and Bayview Drive, Gardinerts Bay
Estates, East Marion, New York, for a variance inaccordance with
the Zoning AOrdinance, Article III,- Section 303 for permissionto
reduce area of Lot No. 38 at Gardinerss 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.
Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg and Mr. Doyen.
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. ) ,
Thursdayt September 27, 1962, Town Office, Main Roadt Southold,
New York as time and place for hearing upon application of George
W. Smith & Sons-, Main Street, Southold, -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
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 Sub-
division.
Southold Town Board of` Appeals -18" September 13, 1962
Vote of "the Board: Ayes:- Mr. - Gillispiel ,Mr. :Bergen,,., Mr.
Rosenberg, and Mr.. Doyen.
On motion of'Mr. Bergen,. seconded by Mr. Gillispie, it, was
RESOLVED that' the Board of.- Appeals set 8: 00 P_M.. '(E.D.S.T. ) ,
Thursday,.- September 27, 1962," ,Town. office,. 'Main Road,,, Southoldr
New York as time and place for hearing: upon application of'Martin
Gramlichr. a/c Greenway" Realty `corp. ,," 7.-Abbingtbn- Drive, Huntington,
New York, for a special exception in accordance with the Zoning
- Ordinancer .Article III, . Section,,3061 .for permiss"ion to erect .a
temporary" sales office on. property of Greeriway Realty=Corp. ,
. Main Road,, Orient, -New. York. - Property bounded north by other
land of' Greenway Realty Corp.,, east ,by Greenway-East, south by
Main Road., .,and west-by Orville Terry. "
Vote of the Board: Ayes:- -Mr.. Gillispie;, . Mr. " Bergen, . Mr.
Rosenberg, and Mr. Doyen.
On motion- of Mr. Gillispie,-. seconded by Mr. Rosenberg, it`- was
RESOLVED that the 'Board. of' Appeals set 8: 15 P.M. (E.D.S.T. ) ,
Thursday, September: 27, 1962,. Town Office,. Main Roadr Southold,
New York as time and place for hearing upon application of` Otto
and`Elizabeth A. Yaror 119-43 80th Road,. Kew Gardens 15,, New York,
for a'variance in accordance with the' Zoning- Ordinancel, Article
III,,. Section ,303, . and.Article-X,. Section 1000A,;. -for permission to
divide property into two . o. ts. containing sufficient area.. but''with
reduced frontage. , . Location, of property: north side Minnehaha
Boulevard,. Southoldt, New York, bounded north by-Wabun Street,
east by.-J.' M.. Lohn, .south by:Minnehaha Boulevards. and`west-. by- C.
F., Wright.
Vote of the, Board: Ayes: .- Mr. Gillispie:. Mr. Bergen,;. Mr.
Rosenberg,.. and Mr. Doyen.
On motion of'Mr. .Rosenberg, seconded by Mr., Bergen,, it was
"RESOLVED .that the Board 'of Appeals ""set 8":30 P.M. (E.D.S.T. ).r.
Thursday, September 27, . 1962, Town Office Main Road,,.. Southold, "
New York, . as time and place for hearing -upon application of'Alfred
Amante and Victoria Amante, .49 Anchor- Court, West Babylona,. New
York, for a variance in accordance with the Zoning prdinance,,
Article IIIz, Section 303 and Article %, . Section 1000Ar,. for permission
Southold Town Board of Appeals -19- September '13, 1962
to reduce frontage on .two lots and enlarge frontage of one ,lot.
Location of property: west side private right-of8way,, 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.
Vote of, the Board: Ayes:- Mr. Gillispie,,.,Mr. Bergen Mr.
Rosenberg, and Mr. Doyen.
On. motion of Mr. Bergen= . seconded by Mr. Gillispie, it was
RESOLVED that .the Board of' Appeals set 8:45 ' P.M. '(E.D..'S.T. ) ,
Thursday, - September 27, 1962,,: Town . Office, Maine Road,. Southold,.
New York as time and place for hearing upon appl:icatiori of
William Pollert,- Pine Neck- Roa.dt, S)uthold,,, New York.,_ for' recognition
of access in. accordance with State of New York- Town Law,,- Section
280A. Location ,of' property:. easterly end of private right-o.f-way.,
Off., of Pine Neck Roadt. Southold, New York. Property bounded north
by Jockey-.Creek, east by Lighthouse' Development; ,Corp. south by
.. Lighthouse Development-Corp...,-, and.west�by Offner.
Vote of the Board: Ayes: Mr. Gillispie,, Mr. Bergen, � Mr.
Rosenbergp.- and Mr. Doyen. . ;
On motion''of Mr. Gillispie, seconded by Mr. Rosenberg, it was
RESOLVED that the Board of Appeals set 9: 15P.M. (E.D.S.T. ) t
Thursday,.. September 27, 19626 . Town Office, Main Road, Southold, .
New York as time and place for hearing upon application of Edwin. '
H. King, . Orerit, New York,, for. a- special exception in accordance
with the" Zoning Ordinance,; Article III, Section 300,. Subsection
3A,, for- permission tocperate a private boat marina on the southeast
side -of Narrow River-'Road:U Orient, New "York. Property bounded north
by land- of -Edwards and Gillespie, east.`by -Hallock'ss Bay, . south by
G. W.. Hallock and west..by -Narr;ow River Road,
vote of the Board: -Ayes: - Mr. Gillispie.,. Mr. Bergen, Mr.
Rosenberg and Mr. .Doyen.
It was further RESOLVED .that. legal -notice of hearings be
published in the official " newspaper on September 20,- 1962.
' Tote of the Board: Ayes:- Mr. Gillispie.,, Mr. Bergen, Mr.
Rosenbergt. 'and Mr., Doyen.
Southold Town Board of Appeals -20- September 13, 1962
The next-meeting of the Southold Town Board of Appeals will
be held -7:30 P.M.,,. Thursday, September 27, 1962 at the Town office,
Main Road, Southold, New York.
Meeting adjourned at 12 Midnight.
Respectfully submitted,
Judith T. Boken, Secretary
C irr an oar of ppea