HomeMy WebLinkAboutZBA-07/03/1957 TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
MINUTE S
Southold Town Building Zone Ordinance
Board of Appeals
- July 3, 1957 _
A regular meeting of the Zoning Board of Appeals was held at the Town Clerkis
office in Southold, N.Y., on.Wednesday, July 3, 1957, at 7:30 P.M.
There were present: Mr. R. W. Gillispie, Jr. , Chairman
Mr. Herbert Rosenberg
Mr. Charles Gregonis
Mr. _Robert Bergen .
Also: Mr. Howard M. Terry, Building Inspector
Absent: Mr. Serge Doyen, Jr.
PUBLIC EEAR.ING_— Appeal No. 6 —, Upon application of Philip C. Fuller, Bray Ave. ,
Mattituck, N.Y. , for variance to the Zoning Ordinance, Article III, Section 303.
Location of property in question:_Bray Avenue, Ma.ttituck, N. Y.
Chairman opened the hearing by introducing members of the Board. He then read
letter to Mr. Fuller, dated June 20, 1957, advising him of date of hearing, legal -
notices and affidavits from two official town newspapers and petition for variance.
Chairman: "Is there anyone present who wishes to speak Ilforl' this appeal?I'
Mr. J. Haley: "Yes. I am representing Mr. Fuller and would like to present
photostate copy of certified map No. 1582, dated March 28, 1928, certified by the
County Clerk1s office, covering_ subdivision of the George I. Tuttle estate, on which
lot in question appears. . -Mr. Fuller is very anxious. to start building. He intends to
build a small summer cottage, which will eventually be used as a permanent residence.
He did not take title until after April of 1957. Lot in question is No. 55. Lots 54
and 56 were owned before zoning went into effect; Mr. Barry is owner of lot 54 and
lot 56 is owned by Mr. Finnegan. We tried to buy a part of Mr. Barry►s lot but he
stated he did not wish to sell and Mr. Finnegan never answered us at all which is an
indication -to us that he was not interested in selling."
Chairman: Ills there anyone who wishes to speak Ilagainst° this appeal? There
being no one here wishing to speak "against" we will close the hearing and I believe
that the Board can reach an immediate decision. Are there any further questions? "
HEARING CLOSED.
Appeal No. 6 — Decision of the Board: Upon unanimous vote of the Board, variance
was granted to permit construction on Lot No. 55, .501 x 150r, because the variance
does observe the spirit of the Ordinance acid would .not change the character of the
district; Article VIII, Section 801—A, paragraph C.
Zoning Board of ,Appeals July 3, 1957
MINUTES, Continued
PUBLIC HEARING — Appeal No. 7 — Upon.application of George W. Smith & Sons, Main
Road, Southold, N.Y., building for George Polykranas, for variance to Zoning Ordinance.
Property located on Kenney's Road, _Suuthold, N.Y.
Chairman opened the hearing by reading legal notices and affidavits from two
official town newspapers, letter of June 27, 1957, to appellant advising them of date
of public hearing and petition for variance.
Board studied filed map of IlKennewood", dated January 21, 1954, Lot No. 117,
75 t x 14.8,94-t..
Chairman: "Is there anyone here who wishes .to speak "for" this appeal?
Mr. Howard M. Terry: "As a citizen of the Town I would speak for it.11
Chairman: "What is your reasoning?
Mr. Terry: I-IMy reasoning is that it is a borderline case. They have contracted to
build but house was not started at the time zoning went into effect and as the Town
Board has not taken any action in connection with filed maps up to this time I believe
the variance should be granted.11
Chairman: "Why wouldntt they set a precedent for all the lots?",
Mr. Terry: "It would not set a precedent as they are only asking for variance on
this one lot."
Chairman.: "What makes it borderline?"'
Mr. T erry: 110ontract was signed before zoning went into effect and title changes
on completion of job.11
Chairman: "How many lots have been sold?"
Mr. Terry: "I haventt asked how many. T hey are trilling to go along and widen
the other lots if the T own Board does not carry through on revalidating their map."
Chairman: "Is there anyone present who wishes to speak "against" this appeal?
There being no one wishing to speak 11againstIl this appeal hearing is closed."
HEARING CLOSED.
Mr. Bergen: "We should have it understood that we do not make a practice of
granting building permits on undersized lots in developments, whether the map is filed
or not, until the Town Board clarifies the position on filed maps.
The Board agreed unanimously to grant this appeal, Article VIII, Section 801 A,
paragraphs B and C, and to write the appellant advising them that this is not to be
construed as a precedent for granting variances on other 751 lots in "Xennewood" or
elsewhere. _.
Mr. Frank R. Nmchols & Mr. A. Riley appeared regarding lot they are thinking of
buying from Mr. Braun.-in the Mason Development in Mattituck. N. Y. Lot No. 28, 75t
x`1601 on unfiled map. Lot is in single and separate ownership and has been for
three years. Property on both sides of lot sold and they wanted advice as to whether
they would have to get a variance before they purchase the lot'. Board advised that
a variance could be applied for by either the prelsent_ owner or a future purchaser
Zoning Board of Appeals July 3, 1957
MINUTES, Continued
and that -a variance would have to be applied for before a building permit could be
obtained.
Mr. Nichols and Mr. Riley then presented a map of Laughing Waters, Mattituck,
N.Y. 5 lots with an average depth of 160, x 66, in width. Board suggested taking
4• of these lots and widening them to 1001 which would give them 3 lots conforming to
the Ordinance, with 1 lot at the width it now stands. They would then have to apply
for a variance if they wanted to build on the undersized lot which would be left.
Minutes of the June 27th meeting were read. On motion made by Mr. Rosenberg,
seconded by Mr. Bergen, and carried, Minutes were approved.
Meeting adjourned at 10240 P.m.
Grace B, Meyer
Secretary
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