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Home My WebLink AboutZBA-11/05/1958 PH z y pt-52, SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD' / MEMBERS Robert W. Gillispie, Jr., Chairman i Robert Bergen Herbert Rosenberg is Charles Gregonis, Jr. Serge Doyen, Jr. PUBLIC HEARING of the Board of Appeals held at the Fire House at Fishers Island, New York, on November 5, 1958 Meeting was opened by the Chairman at 1:35 P.M. Present: Chairman Robert Gillispie, Jr., Herbert Rosenberg, Robert Bergen and Serge Doyen, Jr. Also present were Howard M. Terry, Building Inspector and Justice E. Perry Edwards. Absent: Charles Gregonis, Jr. The Chairman read the legal notice as published in the Long Island Traveler- Mattituck Watchman and the New London Davy. The appeal fee paid $15.00, for the appeal no. 111 of Theodore Arasimowicz for a variance of the Building Zone Ordinance, Article 3, Section 303 for recognition of access under Section 280a sub-section 3 of the property located on the Penninsula at Fishers Island, N.Y. as plan of lots on filed map No. 223; lots in question numbers 54, 55 and 56. Notice of the hearing was sent to Mr. Theodore Arasimowicz unJier date of October 25, 1958; also a letter to Mr. William B. May of the Fishers Island Estates notifying him of the time and place of the hearing and requesting him or a representative to be present, was mailed on October 26, 1958. The purpose of this notice was to discuss access under private rights of way under the control of Fishers Island Estates Inc. Chairman asked if anyone wished to speak for this appeal. Mr. H. Lee Ferguson spoke of the past activities in the area known as the Penninsula, its owners to date and the general characteristics of the properties. He also stated that there are deed restrictions on all of the lots and it would be necessary for anyone wishing variances to also get releases from the Fishers Island Estates to cover intended operations. Application by Mr. Arasimowicz to divide the three lots into two was made to Fishers Island Estates approximately three years ago.. As yet the estates has not given its consent to the best of his knowledge. Mr. Ferguson also stated that in his opinion the applicant's intention to make two lots instead of three would be an improvement to the neighborhood and he is favorable to the application. IVJr. Serge Doyen: "There are deed restrictions as to lot lines on the property, and building on one and one-half lots as filed would require permission Southold• Town Board'of Appeals Noveiuber ;.195g'.' MINUTES, -continued �r. Doyen):from-iFisYi (A ers"Island Estates:. •Chairman:,- We'•'have ,in the past in'.other' instance`s`'•coinbined three .50 foot;',lots and made tw6l 25, foot front lots. .Albert Cha alaski• .rf P I own the 'adjacent'aot no.: 53 on. the same,'ma and feel that ;grantin ` the a p g., g p. g,, ppeal would'be.'in kee",in and:' ood for•the area " I am also :interested in :Lots:;35; 36 :and.;39 on the "sake' 'map. : I also made an"excavation for the applicant on one '.of his lots three: years' a,'go." Franois.Doyen:.-, There was• a speciai'meeting of'the bit e.etors of the Civic ,. Associa ion where .this' ,matter.,was discussed and they; all,approved,of granting the appear: lUL'. `Oswald representing Fishers` Island Estates, Inc:. "The,,"Estates approve the a pplication',and would' like:to •see.it:passed. n • , . Chairman: ..tr •� •. .: _ . „ ',;.. � ...:. . . : •• ;:.• . Do the Fishera..Island Estates; Inc:.",have .an,:active• interest' .in the 'roads in,.the area and do they..:ovm the rights .of,way as shown ,on'the filed 'map: mado , .`...3n.1913?" Mr. Oswald: " �'FsheTs Island Corporation;'purchased, the penninsula;iri 1924 ,and: they 'were predecessors to"the.Fishers Island Estates,~Inc.1t. Chairmans`. "Is'.th6r nyo'n® who wishes to.` speak against this. apgeal2 Noone spoke against it. Cha_irmari: 'Are ahe= rights of way in .Fisher's -Island Estateat• name and Rould• the estates-be.•.responsible, for •access in :.the .entire:area?n Ilh•;. Os�rald:'. "I :think..it is Chairmanz "The 'access needs inproving. The .:Building•'Inspector must,deny a' permit-'to,anyone• wishing-:to build where.,there_is..poor. access.- In some places: the.,road-way is :only..8. feet between-trees. The..;road ,should 'be, improved and underbrush cleared, trees.removed, some.'of;the rocks. in the road removed .to a'' -width of 18-feet: Over hanging: brush should,be. cleared 'to ..a height.;of 12 'feet:,", .: 0 swalds ItI ' not know. if the;Estates •would be"willing to .do' this. much - at this time." . a , t 'came to ourChairman:' !We:'have 20 foot tha� '.attention`earlier this"•year. liere_.there were':over=lisrigng limbs; ,holes `in.the:road' and, the access ,was 'entirely.unsuitable® : In .this instance the-attorney for. the Ilssoc ation .was, the applicant. for%a.permit and it.was explained' to*him a:permit :would ' . not be granted until:.the' roadway was`again'.made:suitable.. They have-.an-association . of property oviners in.•,this instance-who got"together-'and.'cleared ,the 'under=brush and trimmed the%ltiis and fixed' ahe. road'to 'a-'width`"of 18',feet and-,a 'height 'of at least 12 feet. Section The Board of Appeals airs jurisdiction under/280a, Subsection 3`of the Town..Lav�. The ,Chairman: 'then. read 'section'_280a Afroin .the '5t`� . at e; Zoning:-haw book. You may bring'this, matter to the Fishers 'Island Estates: - , Mr 'Aspvald: "I will`:" - Southold Town Board of Appeals.. 3 November 51 1958 MINUTES continued Mro Chapalaski: "Some of 'the Access is not as. shown on the map." Chairman: "If the Estates fixed up the road-way they should form some civic or other association to take care of the roads 'as has.been.in other partsof the town. He then explained how many of the developments have their own associations which dothis."_ . Serge Doyen: "What is the difficulty'with the Estates and the lots?" b1t. Ferguson: "There are now three lots Which are. up for sale and the Fishers Island Farms are. acting as the Real Estate broker." Ntrs. Edmonds: "What would I .have to do in case of the sale of a lot?" Chairman: "The inspector must deny .the application 'for a permit if the lot is undersized or has poor access. He then explain ed the three tests.neeessary for. granting a variance and again suggested the roads be widened to 18 feet and cleared to 'a height, of 12 feet, the trees, rocks 'and uhderbrush to be removed." Mre. Edmonds: ""Jid6ning!1theroads would cut down on the lets." - Chairman: "We only ,ask that it,be` done a.s .shaven on the .map." Serge Doyen:, I'Must this be done at once, or as ,the lots 'are sold?" Mr. Ferguson: . "It seems the Estates should fix the roads now." Serge Doyen': "Could it be done by the .new owners in the area up to the. lot?" There was a general discussion on all of the lots between the town road and the roads in. question. Chairman: "In this case we can .improve .acce'ss but beyond this point. the access would have to be improved, clearing, grading ' ,etc. Mr. Grebe: "The 'biggest complaint'in this `area 'is getting a. ,anow plow in in the, winter time." Mr. Rosenberg: "This is state law and I read amended Section 280a where there must be a' minimum width of 15 .feet' for access. ' We cannot grant access,beyond this point under the present time conditions," Chairman: "Anything else?" Mr. Ferguson: "We want to thank the Board for coming and hope you' will .continue to come to Fishers Island for all cases .concerning Fishers Island matters. Francis Doyen: "I wish to express the same sentiment on behalf of. the Civic_ Association." Chairman:' "ode are happy to' come.": Mr. Ferguson: "We want you to see first-hand any problems that arise over here." Southold Town Board of Appeals 4' November 5, 1958 MNUTES, continued. ; Chairman: "Anything else?" We will now.take a vote of.'the Board, A resolution approving ,the appeal was offered by Mr, Rosenberg and seconded by Mr. Bergen, as follows: The applicant be permitted to divide his property,, lots.' nos. 54,. 55 and 56 on map filed March ll, 1913, so that the lots resulting will be of approxim6tely'76.5 feet.front'each-,.and may be used for building purposes as undersized lots, Access isapproved for these two lots. spec ully fitted, Robert W. Gillispie, Jr,