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HomeMy WebLinkAboutZBA-09/11/1958 �oS�FFOLt�oG ,s auk/��d �aru�t AV J� S0UTH0LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg' Charles Gregonis, Jr. M IN D T' E S Serge Doyen, Jr. Southold To:m Board of Appeals September 11, 1956 A regular meeting of the Southold Town Boar&'of Appeals was held at 8 P.M.' on Thursday, September 11, 1958 in the-Town Clerk's Office, Southold, N. Y• There were present: Messrs. Robert Wo Gillispie- Jre, Chairman, Robert Bergenp Herbert Rosenberg, Charles Grigonis, Jre and Serge Doyen, Jr. i Also present were: Mr. Howard Me Terry, Building Inspector and Mr. Robert %sker, Town Counsele PiTBLIC HEARING: Appeal No. 91; Application of Julius Zebroski, Bay View Road, Southold,.N. Ye, for a_variance of the Zoning Ordinance under Article III, Section 303. Fee Paid -- $15e06. This hearing was continued from September /+, 1958. Board reviewed amended application presented by Mr. Zebroski's attorney, Mr. Shellenberg, and unanimously agreed to grant the appeal. Variance was granted on lot described as followsr Bounded on the north by dredged canal, on east by land of the petitioner, on south by Ole Jule Lane and west by Channel Lane. Lot 97.39' on the southerly line, easterly and westerly boundaries are 155' and the northerly line is 120' in width, located in Mattituck, New York. In granting this variance-it is the understanding of the Board that an engineer's description will be -furnished by Mre ZebroskiIs attorney sothat it may become a part of the file. A legal engineer's description will be necessary on all variance applica- tions in 'the future but it was the feeling of the Board that they did not want to burden the applicant by withholding decision until the engineer's description could be procured and variance was granted as the Board felt that adequate description had been supplied by Mr. Zebroaki's attorney. It was the de' termination 'of the Board that strict application of the Ordinance in this case would produce undue and unique hardship as the water frontage and depth of propertg far exceeds the requirements of the Ordinance and the road frontage lacks less than three feet in width. Other lots in this area are of similar or smaller size. Southold Town Board of Appeals September 11, 1958 MINUTES, Continued PUBLIC HEARING: Appeal No. 94 — Application-of Nella Williams and others for a variance of the Zoning Ordinance on four undersized lots shown on "Map of Land surveyed for Roger,Williams at East Marion, N.Y." accompanying.- the application. . Fee Paid — $15.00. Chairman read the application filed by Mr. Stanley.Ss Corwin, attorney for Mrs. Williams, letter to Mr. Corwin advising of date of public hearing and legal notice of hearing with affidavit attesting to its publication. Chairman: Is there anyone present who wishes to speak for this appeal? Mr. Corwin stated that he and Mr. Roger Williams, son of Ives. Nella Williams, were present and would be pleased to answer any questions the board might like to ask. The Chairman then advised Mr. Corwin and Mr. Rogers that the Board was unable to grant a blanket variance. Chairman: How does it happen that the lots are numbered as they are on the map submitted? Mr. Corwin: I believe that they-start at the south and work north. Mr. Halsey A. Brown made. up the plot, some of which he sold to Mrs. Williams.. 11 to lg belong to Mrs. Williams and that is why only those are shown on this map. Chairman: When did she buy these. Mr. Williams: Lots 12, 13, 14 and 15 were bought right after the War. 11 was bought at a later date and the other three were bought at a still later date. Mr. Corwin:: The most recent were bought in June of 1951. Mr. Williams: At the time we bought the property there were no limitations of how many houses could be erected. We had planned to put up a number -of houses possibly on 100 x 150 feet. Vie sold one lot to Kniep., Chairman: I note that the property sold to Kniep is 76 x 100 feet. When was this sold? Mr. Williams: In April 1957. Chairman:- Does this map represent your suggestions to Mr. VanTuyl? Mr. Corwin: This is a wooded area and all the parties concerned, that is; Mr. Rogers, Mr. Krieb and Mr. Milligan agreed to where the property lines were to be and when Mr. VanTuyl came down he was asked to work from the stakes.. Chairman: Are these lots owned by Milligan and Krieb? Mr. Corwin: They are under contract. The contracts provide that there is an "out" in the event that the variances are not obtained on behalf of the prospective buyers. Chairman: The right of way was satisfactory to Mr. Milligan? Southold Town Board of Appeals September U.. 1958 MINUTES, Continued Mr. Corwin: Yes. The only thing Milligan 'spoke-about was that he thought of putting one additional bedroom on the south side 'of his cottage and he wanted to be sure that he could do this. -This right of way is nothing more than a private right of way owned only by Milligan, Chairman_ : We lave set up tentative recommendations-.as to revising this map and basically, if you people agree to these revisions, we believe it will solve your problems. Perhaps Mr. Rosenberg would like to speak to you. Mr. Rosenberg: - We discussed your application last Thursday evening and the Board seems to feel that you should have at least a 151 right of way. We realize that at the back of lot 15 you cannot do much about a front yard on that but we feel that every cottage should have a minimum sideyard and that these lots as numbered off here would not be satisfactory. You show a one foot-sideyard on lot 15 and if you increased the right of way to lot 15 that would give you at least a five foot sideyard on this lot. Incidentally, what is the size of the cottage? Mr. Williams: Cottage is 161 x 161 and a porch. Mr. Bergen: Is that with the porch? Mr. Williams: 16' x 161, plus the porch. Mr. Corwin: Would you gentlemen be willing to continue the hearing for a couple of weeks until we have time to revise the application? Chairman:- Yes. If you plan on asking for four 'variances each one will have to be a separate application. Is there anyone present who wished to speak against this application? There was no response and,Board will continue the hearing. at 9 P.M. on September 25, 195$. PUBLIC HEARING: Appeal No. 95 — Application -of Thomas Jurzenia, Silvermere Road., Greenport, .N. Y., .for a special exception under the Zoning Ordinance to erect a directional advertising sign for the Silver Sands Motel. Fee Paid —415. 00. Chairman read the application, letter to applicant advising, of date of public hearing and legal notice with affidavit attesting to publications There was no one present who wished to speak either for or against the appeal. Board unanimously granted the appeal to erect a sign 6,6n i.n height x .121611 in width. Lower edge to be at least 3' from ground level and upper edge not to exceed 1516" from ground, and sign to be at least 51 from any property line. ' Sign may not advertise any service or product other than the Silver Sands Motel or its facilities and permission is granted until revoked for cause. Location -of this sign is to be on property of the applicant on the south side of Route 25, Greenport, N.Y., west of the Village of Greenport.. In granting this special exception it is the feeling of the Board' that directional and advertising signs-are a necessity in the interest of the public. Southold Town Board of Appeals September n, 1958 MINUTE � 'Continued - PUBLIC DARING: Appeal No. 96 — Application of Thomas Jurzenia, Silvermere Road, Greenport, N. Y., -for a special exception to' erect a directional advertising sign. Fee Paid — $15.00. Chairman: read 'the application, letter to applicant advising of date of public hearing, legal notice with affidavit attesting to publication and letter of permission from John Rempe granting .Mr. Jurzenia permission to erect a sign on his property. There was no one present who wished to speak either for or against this appeal. Permission was granted by the-Board to'erect a sign 616" in height x 12160 in width on property of John Rempe, north of Albertsonts Lane and. North west of Route. 25, Greenport, N. Y. w Lower edge of sign to be at least 31 from ground level and upper edge not to exceed 1516""from ground. Sign must be located at least 51. from any property linev and permission is valid until revoked. Board felt that a directional sign, such as proposed, is a necessity in this case in the interest of the public. PUBLIC' HEARING: appeal No. 97 — Application of John J. MacKay, Munn's Lane, Orient, N. Y, for a variance to the Zoning Ordinance under Article III, Section 309• Fee Paid — $15.00, Chairman opened the hearing by reading application, letter -to applicant advising of date of hearing and legal notice with affidavit attesting to its publica— tion. Letter addressed to the Board from Adrian B. Cockerill stating that he had no objection to the erection of a garage and tool shed within one foot of the building line dividing his.and Mr. MacKay's property, was also. read. There was no one present who wished to speak either for or against this appeal. It was the imanimously opinion of the Board that -this appeal should be granted for the erection of a garage and/or tool shed on the rear of the property on Munn's Lane, Orient, N. Y., and that no part of this accessory building is to be closer than one foot from any lot line., It was the feeling of the Boyd that strict application of the Ordinance would produce undue and unique hardship because of space requirements, involving light and air, and the fact that this undersized lot has been held in single and separate ownership since the enactment of the, Ordinance* Board then discussed the matter- of the budget for the coming fiscal year to be presented to the Town Supervisor. After extended consideration it was estimated that expenses would be as follows: Clerk for the Board of Appeals $ 4,000.00 Secretarial assistance at public hearings and otherwise 900.00 Stationery and form printing 300.00 Legal size filing cabinet 175.00 Library 50.00 Subscription to the Zoning Bulletin 10.00 Advertising of legal notices 2.000.00 Carried forward 67,435.00 5 — Southoad Town Board of Appeals September 11, 1958 MINUTES, Continued Brought forward 70435,00 Travel expenses, divided as follows: 725.00 1. Estimated- expense for three members..of Board, attendance at Association of Towns meeting in New York in February 4300.00 2. Estimated expense of Mr. Doyen, Board member from Fishers Island, for attendance at meetings of the Board.. 300.00 3. Estimated travel expense of Board to Fishers Island. 125.00 TOTAL TRAVEL EXPENSE725.00 Reimbursement to Board of Appeals; $600.00'of" which is remuneration to the Chairman and the balance representing $500.00 to each of -the other members of Board. 2,600,00 Total estimated expense of Board 10,-0.00 Total estimated income from appeal applications 2 00 00 Estimated Net Expense 82260.00 It was the unanimous opinion of the Board that the first item of expense in the above list, namely; Clerk of the Board of Appeals, is of major importance to assist in properly conducting affairs of the Board in accordance with all the legal advice we have received. We believe that a full time clerk is necessary to assist in answering questions, filling out forms, etc. and -assisting the public..in the filing of such forms. Board then fixed a time and place for a public hearing to be held on the application of A. Reilly & Sons, a/c Kenneth Rhodes of Peconic Bay Blvd.., Laurel, N.Y. By resolution of the Board it was determined that public hearing is to be held at 7:30 P.M. on September 25, 1958 in the Town Clerk's Office, -Southold, N.- Y., and notice is to be published in The Fong Island Traveler -- Mattituck Watchman in .the September 18th issue of that newspaper. Minutes of the September /nth meeting were read. On motion duly made by Mr. Bergen, seconded by Mr. Grigonis, and carried.. Minutes were approved as submitted. The next meeting of the Board is scheduled for 7:30 P*M., September 18-, 1958. Meeting adjourned at 12:20 A.M. Respectfully submitted, J Grace B. Meyer Secretary 1 .