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HomeMy WebLinkAboutZBA-05/28/1964 V3 z au>t�ied dart �aA�;� S0UTH0LD, L. I., N. Y. 01 Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen He.-1 —r1 R ene,g Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U T E S SOUTHOLD TOWN BOARD OF APPEALS May 28, 1964 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. , Thursday, May 28, 1964, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr. , Chairman, Robert Bergen, Fred Hulse, Jr. , Charles Gregonis, Jr. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 665 - 7:30 P.M. (E.D.S.T. ) , upon application of Edna Brown, Main Road, East Marion, New York, a/c John A. LeBar, Box 53, RD 1, Stroudsburg, Pennsylvania, for a variance and recognition of access in accordance with the Zoning Ordinance, Article III, Section 303, Article X, . Section 1000a, and the State of New York Town Law Section 280A, for permission to divide and set off lot with insufficient width, and for approval of access. Location of property: Right-of-way off west side Bay Avenue, East Marion, New York, bounded north by Lake, east by L. Baltz, south by Bay, and west by Edwards. Fee paid $5. 00. • Southold Town Board of Appez___ -2- May 28,, 1964 The Chairman opened the hearing by reading application for a variance and recognition of access., legal notice of hearing.,. affidavit attesting to its publication in the official newspaper.,; and notice to the applicant. The Board looked at .themmap of the property in question and .discussed it with Mrs.- Edna Brown, THE CHAIRMAN: Do these lots have the proper area? HOWARD TERRY=. Building Ispector: There is more than enough area on both of them. THE CHAIRMAN: Can fire trucks go in here without any trouble? MRS. BROWN: I guess they can go in without any trouble. They can go in from Gardiners Bay Estates. I will show you the access on the ,map. Mrs. Brown showed the right-of-way in Gardiners Bay Estate on a larger map. The Board discussed it. THE- CHAIRMAN: Is there anyone present -who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Is there anyone who would like to ask any questions in connection with this application? (There was no response. ) After investigation and inspection the Board finds t1t'Edna Brown a/c John A. Lebar wishes to divide and set- off a lot with insufficient width,,, and obtain approval of access. The Board finds that the lots in: this vicinity vary in size. The Board agrees with the reasoning in the application. The Board feels it is reasonable to divide the lots in the manner suggested by Mr. Van Tuyl and shown on the survey dated March 12t 1964,, and revised May ll� 1964. The Board finds that the access is accessible to fire trucks and other emergency equipment. The Board finds that strict .application of the ordinance will unnecessary hardship; ' the hardship produce practical difficulties or created is unique and would not be shared by all properties alike • Southold Town Board of AppeL__ -3- May 28, 1964 in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit. of the Ordinance and.will .not change the character of the district. On motion by Mi. Gillispie: seconded by Mr. Grigonis,, it was RESOLVED that Edna Brown,, Main Road,. East Marions.. New York•g. a/c John A. LeBar.,. Box 53,„ RD 1.,,. Stroudsburg.,.. Pennsylvania.,, be granted permission to divide and set off a lot with insufficient width,, and be granted approval of access on property located on right-of-way off ,west side Bay Avenue.,. East-Marion.,, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse,, and Mr. Gregonis, PUBLIC HEARING: Appeal No. 666 -. 7.45' P.M. (E.D.S.T. ) ,, upon application of -Joseph Milcetic,, 31-57 . 33rd .Street,,. Long Island City.,, New York.,. for recognition of access in accordance with the State of'New York Town Law.,;- Section 280A. Location of property: Right-of-way east side Boisseau Avenue,,- Southold,' New York, bounded north by-E. C. Maier,. east -by G. Barazac,. south by right-of-way- Maier.,, west by John Milcetich. Fee paid $5.00 The Chairman opened the hearing by reading application for recognition of access, legal notice of hearing,,, affidavit attesting to its pulication in the official newspaper-,,. and notice to the applicant. Mr. Howard Terry brought before the Board the tax maps,..- so that they could better acquaint themselves with the location of ,the property. THE' CHAIRMAN: Is there anyone present who would like to speak in favor of this application? MR. JOSEPH MILCETIC: We are going to build a house and I have to have. recognition of access before I can build this house. MR. HULSE: How wide is the right-of-way? MR. MILCETIC: It is 25 feet. It is only a farm road now. MR. HULSE: Does it need to be scraped? THE,'CHAIRMAN: Are there any other houses on this road? MR. MILCETIC: There are no other houses there now. Southold Town Board of:Appi s -4- May 28, 196, THE CHAIRMAN: Is the right-of-way used now or is it just a ,farm road? MR. HOWARD TERRY: It is just a farm road.. THE CHAIRMAN: I don't suppose there would be any problems with this. MR. GREGONIS: It is wide open down there. MR. DELANY: What-would be the drainage problem with the right-of-way. Wouldn't it have to be on a certain level to give them drainage to the existing road? THE 'CHAIRMAN: Mr. Gregonis can answer you better than I can. Mr. Gregonis explained how the road level would have to be in order' to give drainage to the existing road. THE ,CHAIRMAN: If .you agree right here and now to put in drainage, it would save you a lot of problems later ; on. Mr. Terry would have to inspect this. HOWARD TERRY: They should have Harold Price come down and look at it. He could probably put it ..right in with the Town Road. THE 'CHAIRMAN: I think the person to see would be Mr. Price. HOWARD TERRY: I think Harold would go along- with this. THE CHAIRMAN: Is there anyone present-who would like to speak against this application? (There was no response. ) THE 'CHAIRMAN: Are there any other questions in connection with this application? ;(There was no response. ) After investigation and inspection the Board finds that Joseph Milcetic wishes to construct a 25 foot right-of-way, easterly off Boisseau Avenue. The Board finds that- the applicant needs this access in order to reach the house he is planning to build. The Applicant plans to set up a system for drainage. The access will be accessible to fire trucks and other emergency equipment. Southold Town Board of,App( s -5- May 28, 196.* The Board finds - that - strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance'and will not- change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Joseph Milcetic, 31-57 33rd Street,Long Is]a. nd City, New York, be granted recognition of access on'-;property located right-of-way east side Boisseau Avenue, Southold, New York, subject- to the approval of Howard Terry, Building Inspector. Vote of the Board: Mr. Gillispie, Mr. Bergen, Mr. Hulse, and Mr. Grigon,is. (Ayes) PUBLIC HEARING: Appeal No. 667 - 8: 00 P.M. (E.D.S.T. ) , upon application of Stanley Corwin, Esq. , Greenport, New York, a/c Joseph Aveta, Goldin Lane,,,,. Southold,; New York.,, for a variance in accordance with the' Zoning 'Ordinance.,,,. Article III ,- Sections 303� 306,,, 307, 308.t: and Article X,,,,- Section 1000as. for permission to change lot lines with insufficient side yard,, frontage.,, and area. Location of property: Soundview Avenue and ,Goldin Lane,,, Lots No. 6.- 7.,: and 21, Southold, New York' bounded north by Soundview Avenue.l; east by Goldin Lane.i. south by lot-# �20,t, map of "Nathan Goldin"Z. west by Levin. Fee paid $5. 00. THE-CHAIRMAN: First I should obtain permission from the applicant to add the sections that he didn't include in the application himself. STANLEY CORWIN; ESQ. : It is alright. It has been done. 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: How big were these lots before? STANELY 'CORWIN, ESQ. : They vary in size. They go as small as 50, x 901 . Southold Town Board of Apj.__ls -6- May 28a,, 15oq THE CHAIRMAN: Can you sell this property? ' STANLEY'-CORWIN, ESQ. : We are selling lot`--# 6 under contract* and they get- water for 2 years. THE CHAIRMAN: You guarantee water for ' two years. . Where is . . the pump. house? STANLEY CORWIN, ESQ. : On lot-# 20 MR. BERGEN: These light lines are they way -it was divided.„ and you want to divide it by tithe dark lines on the 'map? ' STANLEY _CORWIN, ESQ. : Yes. THE CHAIRMAN: Who is the garage for? STANLEY CORWIN, ESQ: That is on the south side of .Lot #21. That is not shown on the map. THE 'CHAIRMAN: You have approximately-16.,a,000 square feet of land? STAN 1 Y _CORWIN, ESQ. : Yes. MR. HULSE: Whatis the 'purpose of leaving this 20 feet in here? STANLEY CORWIN, ESQ.: We want to give this fellow a garage. THE CHAIRMAN: Be sure -to put the garage in the back yard area. ST Y CORWIN, ESQ. : Yes. THE 'CHAIRMAN: The people that are going to buy lot-.#6s, are they moving here for good. STANLEY­CORWIN, ESQ.. : For ' the summer. MR. BERGEN: I think he has divided it the best .way he could. THE' CHAIRMAN: Is there any other questions? (There was no response. ) Southold Town Board of Apj___ls -7- May 28jr l9o4 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 Stanley -Corwinli:. Esq..,, a/c Joseph .Aveta wishes to change lot lines with insufficient side yard.. frontage.:,, and area. The Board finds that the applicant wishes to sell these lots. They cannot be sold as they are because they will violate the side yard require- ments. The buildings were erected on the property prior to the Zoning Ordinance. The Board finds that:st'rict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of 'this property and in the same use district; and the variance does observe the spirit- of the -Ordinance and will not change the character of the district. On motion by Mr. Gregonis, , seconded by Mr. Bergen.., it- was RESOLVED that'-.Stanley Corwin.,,, Esq..,,. Greenport:t New York.,, a/c Joseph Aveta... Goldin Lane.t,. Southold...., New Yorks, be granted permission to change lot lines with .insufficient side yard..,, frontage.,,, and area. Location of property: Soundview Avenue and Goldin'Lane:, lots No. 6., 7.,., and 21.1,- Southold,, New York. Vote of the Board: Ayes: Mr. Gillespie,,,, Mr. Bergen.., Mr. Hulse.:, Mr. Gregonis. On motion by Mr. Gillespie.,,,; seconded. by Mr. Bergen,, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated May 144,. 1964..., be approved as submitted. Vote of the Board: Ayes: Mr. Gillespie,,,, Mr. Bergen•,;. Mr. Hulse Mr. Gregonis. Southold Town Board of'App( s . -8- May 28s, . 196- On motion by Mr. Gillispie;;r,; seconded by.Mr. Bergen•'; it was RESOLVED that the Southold Town Board of'Appeals set 7:30 P.M. (E.D.S.T. ):?, Thursday., June ll,r.. 1964t,, at the Town Offices, Main Roadr, Southolds, New York.:, . as time and place of hearing. upon application of=Peter' Sledj eski.s, Main Road,, Orients; New York fora special exception in accordance with the Zoning Ordinance.,' Article,X.s.. Sect-ion 1003A.,..' for permission to renew a farm labor camp permit granted May 23.,,. 1963. Location of property: south side Route 25.r,. Orients, New Yorks, bounded north by Main Road,; east by -J. B. Droskoski,, south and west by J. Tuthill and J. Dyer. Vote of the Board: Ayes: Mr. Gillispie,.., Mr. Bergen, Mr. Hulse, and Mr. Gregonis. On motion by Mr. Bergen,. seconded by Mr. Hulse,. it was RESOLVED that the' Southold Town Board of:Appeals set 7:40 P.M. (E.D.S.T. ),t, Thursday=, June 3.1.r, 1964s, at the Town Officer, Main Road,, Southold,, New York,,,, as time and place of`hearing upon application of'Elizabeth M. Connors'. Mattitucks. New York,.. for a variance and recognition. of .access in accordance with the'Zoning Ordinance,.. Article III', Section 303.s, and Article X.r.- Section 1000Ar, and New York, State Town, Law.r, Section 280A, for permission to divide lots with insufficient frontage and for approval of access. Location of property: south side. Peconic Bay Blvd. r, Laurel ., New York.z bounded north by Peconic Bay Blvd..,,'. east by :A. H. Patters on,,;. south by other land of 'Connorst west by S.- D.Piquet. Vote of the Board: Ayes: Mr.Gillispie•s, Mr. Bergen' Mr. Hulse,,r. Mr. Grigonis. On motion by Mr. Hulse., . seconded by Mr. Gregonis.j. it was RESOLVED that the Southold Town Board of Appeals set- 7:50 P.M. (E.D.S.T. •t, Thursdays; June 11s, 1964,. at the Town Office.=, Main Roada, Southold.., New Yorks:' as time and place of hearing upon application of Fred R.- Wangelin,. 2054 Stirrup Path.,,;Seaford.,. New Jerseys for a variance in accordance with the Zoning ,Ordinance• , Article III•LlSection 305s for permission to erect a dwelling-with insufficient setback. Location of property: north side Ole JuLe Lane,,r; Mattitucksi, New York.r. •bounded north by Nuart- Lane,,. east ,by Zigmund Pylko,_ south by Ole Jule Lane , west by Ole Jule Lane. Southold Town Board of Apr�als -9- May 28,; 1964 Vote of the Board: Ayes: Mr. Gillispie•,, Mr. Bergen,,; Mr. H'rilse,,_ Mr. Gregonis. On motion by Mr. Gregonis., seconded by Mr. Gillispies it was RESOLVED that the Southold Town Board of'Appeals set 8: 10 P.M. (E.D.S.T. ).j. Thursday.,," June 11,. 1964,, at the Town Office... Main Road,, Southold,. New Yorks, as time and place of hearing upon application of :R. G. Terry Esq..s. Southold,, New York, a/c Charlotte K. Gittinger,_ 3 Forest'-Drive.,, Springfield,; New Jerseys, for a variance and recognition of 'access in accordance with the Zoning Ordinance.,,. Article III. Section 303,,. and New York State Town Law:; Section 280A.s; for permission to divide lots with insufficient frontage., and for approval of access. Location of property: north side'Cedar Beach Road., and east- side Paradise Point Roads, Southold., New York.,.., bounded north by-E. G.-Weymouth., east by Bay,.: south by Cedar 'Beach Road,,, west by Paradise Point Road. Vote of the Board: Ayes: Mr. Gillispie•.; Mr. Bergems, Mr. Hulse,,,. Mr. .Gregonis. On motion by Mr. Gillispie�.._seconded by Mr. Bergen., it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.D.S.T. ) Thursday,. June ; ,., 1964.t: at the Town Office., Main Road,, Southold,. New Yorki as time and place of hearing upon application of Mae MacLeish,.., Bray,—Avenues, Laurel,: New York•., for a variance in accordance with the Zoning ordinance.,,. Article III•,,;. Section 303,,, for permission to erect a building with insufficient frontage. Location of property: west. side Bz;ay. Avenues. lot-#100,s. Laureli New York,, bounded north by other land of MacLeish,, east by-Bray. Avenue,t, south by T. T. Whittier.. west by -other land of MacLeish. Vote of the Board: ayes: Mr. Gillispie.s,. Mr. Bergens, Mr. Hulse,,., Mr. Gregonis. On motion by Mr. Bergens, .seconded by Mr. Hulse.,; it was RESOLVED that the' Southold Town Board of-Appeals set 8:45 P.M. (E.D.S.T. )•z, Thursdays. June ll.s 1964s: .at the Town Offices, Main Road_,; Southold,,, New York,., as time and place of hearing upon application of Herbert -W. Wells?: Jr.s,. Southold.. New York.;., Southold Town Board of 'Appeals -10- May 28s. 1964 a/c Vail Brothers: Inc..,_ Main Road,, Peconic., New Yorke. for a special exception in accordance with the Zoning ordinance, Article IV* Section 400,,, Subsection 9s, for permission to in- stall a parking lot to sellnew and used cars. Location of property: north east corner of Peconic Lane and Route 25,,; - Peconic..s New York.,; bounded north by land now or formerly of A. Cierach,a: east by land now or formerly of S. Cierachs: south by Main Road.,, west by Peconic Lane. Vote of the Board: Ayes: Mr. Gillispie,, Mr. Bergen,, Mr. Hulse., Mr. Grigonis. On motion by Mr. Hulse, seconded by Mr. Grigonisp; it was RESOLVED that the ' SoutholddTown Boar d of Appeals set 9: 00 P.M. (E.D.S.T. ) , Thursday,; June 11.,, 1964 ;at the Town Office,,. Main Road,, Southold, New York, as time and place of hearing upon application of James Brewington= Main Roads, Cutchogue.,. New Yorke for a special exception in accordance with the Zoning Ordinances. Article ivi, Section 400,, Subsection 9i for permission to install a parking lot to sell used cars. Location of property: south east corner of Main Road and Eugene Roads., Cutchogue, New Yorks, bounded north by Main Road,, east by M. Abatelli,. south by O. Glovers, west by Eugene Road. Vote -of the Board: Ayes: Mr. Gillispie, Mr. Bergen,. Mr. Hulse,., Mr. Grigonis. On motion by Mr. Grigonis.,, seconded by Mr. Gillispie., it was RESOLVED that the Southold Town Board of Appeals set 9:30 P.M. (E.D.S.T. ),a upon application of J. Harry McGowanr,: 17. Aberdeen Street,, Malverne,r, New York.=, for a special exception in accordance with the Zoning Ordinance,. Article Xg, Section 1007.,_ Subsection e�, for permission to expand a non-conforming building. Location of property: private right-of-ways south side Peconic Bay Blvd. , Laurbli, New York,,, bounded north by J. Connellyll, east-by private road,; south by M. McGowans west by J. McGowan. Vote of the Board: Ayes: Mr. Gillispie: Mr. Bergen,;. Mr. Hulse,, Mr. Grigonis. r , . Southold Town Board of' Appe'� -11- May 280, 19G,-" The next.meeting of the- Southold Town Board of-Appeals will be held 7:30' P.M.T. Thursday,; June 11.,; 1964 ; at the Town office&. .Main Roads; Southold&' New York. Meeting adj ounned 10.-00 P. M. Respectfully subm- ittedi, Barbara L. Carrozat, Secretary OVID ChairPanBoard of Appeals