The URL can be used to link to this page

Home My WebLink AboutZBA-06/13/1957 MINUTES Southold Town Building Zone Ordinance Board of Appeals June 13, 1957 A regular meeting of the Zoning Board of Appeals was held at the Town Clerkts offiee in Southold, N. Y., on Thursday, June 13_,._1957,_ at 7,;30 P.M... _ Present. weretMr. ,Gillispie, Mr., Rosenberg, Mr. Gregonis and Mr. Bergen. Also: Mr. Howard. Terry, .Building Inspector. Absent: Mr. .Serge.D oyen. _ Mrs. Wells Mr. Haley appeared for Mr. Fuller buyer of property .. _ ,.. owned .by Mrs. Tuthill on West Side of Bray Avenue, Mattituck. On filed map No. 1582dated March 28,. 1928. Mr. Haley questioned whether_ they could get,_.permit to build house on .a $0 lot. Mr. R osenberg advised that there would. have to be a public hearing on this„matter. Suggested that in the meantime, while awaiting public, hearing., the Town Board might come through ._ ._ _ with another ruling in regard. to filed maps. Board advised Mr. Haley he would not have to appear in person at hearing. Public notice to be filed and hearing to be held at a later date.__. PUBLIC HEARING —_ APPEAL No_ . 2 :. Mr. George_ E. Baumann., No. Oakwood- Hearing pp _. rel,. N. Y. Hearin held on a eal for variance in matter of R oad, Lau locat ion_ of private. garage on_ his property. Legal notices and affidavits_. from two local newspapers were read by Mr. Rosenberg. Chairman asked whether anyone wished to speak "against" Mr. Baumannts appeal. There being 7 no one present to speak 11against", Mr. Baumann spoke "for" appeal and ad— vised that the land in question slopes to such a degree that it would be a hardship to conform strictly to the ordinance. Board unanimously agreed that this variance be granted. PUBLIC HEARING — APPEAL No. 3 -- Charles Novit, Orient Point,- N. Y. Hearing held on Mr. Novitts appeal for variance to the zoning ordinance. Property in question located Fiddler Lane, Greenport, N. Y. Legal notices and affidavits were read by Mr. Rosenberg. Chairman: "Is there anyone present who wishes to speak 11 for" this appeal? Mr. King of the Ruscon Construction Corp., Riverhead, N.'"Y., builders .of proposed building, replied: "Mr. Novit would be unable to build his home unless he received a variance � as the F.H.A. are financing same and they will not approve loan _unless we build. well outside of house, not in air space. F.H.A. requires 1009 from well point to a cesspool and unless we are granted a 251 setback we will be unable to meet their requirements." Chairman: "Is there anyone here who wishes to speak 11against" this appeal?" There being no response, the board unanimously agreed that a 251 setback be granted. Mr. King: "There are buildings in the vicinity which were built on a 251 setback prior to the zoning ordinance. Board of Appeals J. 13, 1957 MINUTES, Continued Mr. Peter Polito, Venteau Construction Corp:, Mattituck, presented an unfiled map of property bough from Fleet Estate, Cutchogue, about a year ago. Lots 105, 106 and 107 — 50.4.5t front with varying depths of from 130 to i38t. Is willing to divide lots into two lots of an average area of 751 x 1301. Board agreed that since Mr. Polito is willing to increase the size of the lots they would be willing to work with him. An appeal to be filed for variance and public hearing to be held. Mr.- Polito also presented unfiled map of Sandw®elf Shore Homes, Laurel, N. Y. Map dated August 1954, Mr. A. Young, surveyor. Lots 701 x 901. Wants to bu81d 14 houses of the ranch type but with the new ordinance would need a variance on a 251 setback. Houses built in this community with a 251 setback were approved in 1956 by the board of health as to layout, grading, cesspool, setback, etc. Asked for opinion as to whether or not he would be permitted to build now. Board advised that the Southold Town Board is now getting legal advice in regard to these variances and advised Mr. Polito to wait until some word comes through from the Town Board before filing appeal. Mr. Riley (A. Riley & Sons, Inc.) Mattituck — Re: 31lots in Mason Development, Mattituck. Bought in November 1956. Lots 751 x 1401. One house sold, another sold on contract and title to be closed 26th of June. This leaves one center lot. Board agreed that since Mr. Riley owned lots separately at the time the ordinance went intoeffect there would be no reason why he should not be granted a building permit. Mr. Riley then mentioned a, house started on Oregon Road, Mattituck. Foundation has been in since October and they are just going to start working on house now. Board advised Mr. Riley he would need a building permit. Laughing Waters — Plot 781 x 2021. Party wants to build guest cottage 16, x 381 and he wanted to know whether he would need a variance. Board advised he would need only a building permit. Mr. Riley advised he had five other under— sized lots and he was advised by the board to cut these lots up into four lots to comply with the ordinance. J. Abbott Muir, Greenport — Marina docks. Mr. Muir discussed with the board two pieces of property north end of Sterling Creek. One is sold. Non—conforming use. Mr. Muir still holds title. Other piece on Sandy Beach development (12001 on road and 800 to 9001 on creek. Town Board arrived at a satisfactory agreement with them as to dredging. Wants to develop small piece on head of creek which was completed before zoning and does not feel that they should be foreed to comply with the new zoning ordinance. Will file formal application for re— zoning. John A. OtKeeffe, 120 Court St., Riverhead, N.Y. — Attorney for Cedric H. Wickham. Board agreed to write Mr. OtKeeffe, returning petition, check and all pertinent papers, advising him that each of the lots referred to should be appealed separ— ately and that in each petition an engineer's description of the property be given. The Building Inspector then brought up the following problems which the board discussed in detail as follows: Zelots Toliver, Greenport — Lot 501 x 1201 on 9th & Corwin Sts., recorded on filed map as far back as 1921. Assessor has assessed property on acreage basis.- Mr. Toliver desires to buy lot but he was advised that since it is assessed on acreage basis he would have to have a lot 1001 in width. Board advised that he await decision of Town Board on filed maps. Board of Appeals Jun( 1, 1957 MINUTES, Continued Trigve Torgeson and several others have questioned the right to place a trailer on property in "A(( zone as temporary living quarters. Board agreed unanimously that a trailer is not permitted in an "A" Residential zone. William Wetmore, Wickham Park. Owns 501 lot and wants to buy 501 more but people next to him will only sell 251. Would buy this and add 201 on the south side of his house, making about 121 sideyard on each side of house. His own property now in singled and separate ownership. Board agreed to this as it would_ be improving the lot. M. James Henry, Bay Avenue &_ Main Road, Riverhead.. Corner lot, 651 on water, 40' on Main road, 1501 deep. Only lot left in that section. Has owned it for 4 or 5 yrs. Wants to build house within 5r of sideline. Deed restrictions state that all houses have to be back 201 from water' This would leave only 41 on either side of house. Board unanimously agreed that sideyards of 41 would not be enough and that this was an unreasonable request and suggested he change house as house is too large for plot. Floyd King, East Mario}, N. Y. — Had signs 41 x 61 and 22l x 31 on farm and labor camp which were removed for the winter. Wants to replace signs this year and wants to know if he needs_ a permit. Board agreed no permit needed. George McCarthy, Bay Ave. & Main Road, Mattituck -- Lot 1251 x 851 in (B" Business zone. Wants to know if he can build a one—family dwelling on lot. Board agreed that this would be okay. Junius Hubbard, Mattituck — Mr. Bergen advised board that he heard through Mr. Wm. Krause that Mr. Hubbard had contract with Mr. Wickham to dig cellar for his house which was supposed to have been done last Fall. Cellar is now being dug right up to neighbors sideline. Lot 200 to 3001 deep x approximately 501 on road. "A" zone. House being moved to new cellar, clear to line. Board agreed that house would have to be placed within regulation limits. Cellar_ can be put under existing house but house not to be moved any closer to line. Steven Campbell, Southold. Building house on creek. House three quarters finished an lawyer demands certificate of occupancy and bank will not advance payment unless certificate obtained. Board agreed that a building permit should be granted first and then he would get the certificate of occupancy. William T. Riley, 72 Riverside Drive, Riverhead — APPEAL No. 1, dated May 23, 1957, Public Hearing June 7, 1957 -• Opinion of the board was unanimous that this appeal for a special permit to build a labor camp, not on a farm, be denied.' Members of the board voting on this were;. Mr. Gregonis, Mr. Bergen, Mr. Rosenberg, a and Mr. Gillispie; with the understanding from Mr. Rosenberg that Mr. Doyen agrees with this decision although he was not present to vote. Appeal was denied because board felt that establishment of this labor camp would violate certain provisions in Article VIII, Section 801—A, Subsection C, which specifically direct the criteria to be used by the board of appeals in determining the permissive use. Specific provisions of the ordinance which we feel would be violated are paragraph (a) 1,2,3 and 4; as well as paragraph (b) 1,2, and 3. Secretary was then directed to notify Mr. Riley of the board's decision. Minutes of the June 6th meeting were read by the Secretary. On motion made by Mr. Gregonis, seconded by Mr. Bergen, minutes were approved as corrected, and carried. - 4 - Board of Appeals June 1957 MITI M S, Continued Minutes of the June 7th Public Hearing were read individually by each member of the board present. On Motion made by Mr. Bergen, seconded by Mr. Rosenberg, and carried, record was approved. There being no further business to come before the board meeting adjourned at 12 otclock midnight. Grace B. Meyer Secretary �_ _ .� � � _ � a i ��- � � �