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HomeMy WebLinkAboutZBA-12/23/1959 VOL , Southold T® ®a of Appeals S®LJ'i'H®LD, L. B., N. Y. Telephone SO 5-4660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. M I N U T E S . Southold Town Board of Appeals December 237 1959 A regular meeting- of the Southold Town Board of Appeals was held Wednesday, December 23 , 1959; 7:30 P®M. , at the Town Clerk Office, Main Road, Southold, New York. -There were present: Messrs. Robert W.' Gillispie; Jr. , Chairman, Herbert Rosenberg, and Charles Grigonis, Jr. Also present: Mr. Howard M. Terry, Building Inspector. Absent: Messrs. Robert Bergen, and Serge Doyen, Jr. PUBLIC HEARING: 7:30 P®IDS®' Appeal No. 246, Upon appli- cation of Robert Loesges, -Bay View Road and-'Smith Drive North, Southold-, ' New York; for variance in accordance with State of New York Town haw, Section 28OA; for recogn- ition of access. Location of 'property' . on south side .private right-of-way off west -side 'North Bay Vied Road, Southold', New York, bounded- 'north by private right-of-way-1 bouthea,st' by land of Hilton Epp, and west by Sayre and Young. No fee necessary - application for recognition of access. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector, application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak Southold Town Board of Appeals -2- December �3 , 1959 for this application? MR.. HOWARD M. TERRY, Building Inspector. Mr. Loesges left his survey here so you could look..at it. I told him it would not be necessary for him to -appear here today because everyone is familiar with the right-of-way. CHAIRMAN: This has been in use for a long time? MR. TERRY: Yes, it has. THE CHAIRMAN: Is the road in good condition? MR. GRIGONIS: You can get through. They are passable. CHAIRMAN: Is there anyone else present who wishes to speak for this application? Is there anyone present who wishes to speak against this application? Are there any questions any- one wishes to ask? (There was no response. ) Resolution was offered by Mr. Gillispie' . seconded by Mr. Grigohis , and carried, Nd=AS application of Robert E. Loesges having been considered at Public Hearing No. 246 on December23 ' 1959, and the Board finding that the strIct,applicatiori of -the Ordinance would produce undue hardship because there are many other homes served by this private 'right-of-way and to deny access to this lot would deprive Mr. Loesges 'of the use of his land. The situation is unique and would not be shared by all properties alike in the immediate vicinity because the building lot proposed to build on is much larger than the present ones - using the right-of-way, which cannot be enlarged at this time. The public convenience and welfare and justice viill 'be sub- stantially served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured and the 'spirit of the Ordinance would be observed because the proposed' dwelling -will be built to conform to the existing residences in thearea' therefore be it RESOLVED that the . application be granted as applied for' over right-of-way shown 'on map of Otto W. Van Tuyl & ion dated.December 107 1958. Copy,of map appearing in the file. Vote of the Board: Ayes:« Mr. Gillispie, Mr. Rosenberg' Mr. Grigonis. Southold To-un Board of Appeals -3- December 23 , 1959 On motion of Mr. Gillispie, seconded by Mr. Grigonis, and carried, the minutes of the meeting of December 14, 1959 were approved as submitted. Vote of the 'Board: Ayes:- Mro Gillispie, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: 7:40•P.M., Appeal No. 247 - Upon appli- cation of Joseph S,tagnitta, Main Road, Mattituck, ' New York9 for a variance in accordance with Zoning Ordinance -Article III, . Section 306, for permission to reduce front yard setback on a corner lot. Location of property: -- west side Luthers Road and Captain Kidd Drive, Lot 'No: 1941 Capt. Kidd Estates, Mattituck, New York. Fee paid $15.00. The Chairman opened the hearing by reading notice of dis- approval- issued by the buildirig 'inspector, application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. MR. ROSENBERG: This application should be' for a special exception rather than a variance, because of the fact it is a corner lot. On motion of Mr. Rosenberg, seconded by Mr-. Grigonis and carried, on approval of the applicant, Mr. Stagnitta, 'the application was amended to read as a special exception. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. TIC CHAIRMAN: My understanding of the reason for this application is you have in this dwelling specified built up trusses which obviously are not adaptable to being cut down two foot. In other words" if you but down the 2 ft. you would cut off the part that supports the trusses? MR. JOSEPH STAGNITTA: That is correct. MR. HOWARD M. TERRY, Building Inspector brought out a map of Capt. Kidd Estates showing the lot in qued.tion. He stated the house will be 36 ft' from Luthers Road which is the setback on Luthers Road. The average setback on Capt.Kid:d Drive is 27 or 28 ft. The main traffic is"on Luthers Road which runs down to the public beach and industrial area. CHAIRMAN: Mr. Stagnitta, Is there anything you would like to say in connection with this application? MR. JOSEPH STAGNITTA, Main Road, Mattituck, New York: I Southold Town Board of Appeals -4- December 23 , 1959 respectfully submit that-the data as recited in the application is pretty much inclusive." However, I do have several other thoughts. I might mention that the plans -of the house were gotten up with quite a bit of effort and research because of the narrowness of the lot which would confine it to the type of house. The original design of the plans cannot be conformed to without the 2 ft. variance requested. -Also with the lo- cation of the house; whether we- faced it toward Luthers Road or Capt. Kidd. Drive would present the same problem. ' We chose to faoe' it toward Luthers Jioad because the outlook" is much more pleasant. If-we faced it toward Capt. Kidd Drive then we would be overlooking a depression used by the Town for removal of -sand and gravel. I do not believe it would conflict with the surround- ing area very muche " The -setback of 36 ft. would obviate any hazardous condition. I might add also, it does affect me personally if this is not granted because I signed a contract of sale and the property has been cleared and certain preparations made to build, but not followed through pending the outcome of this hearing. The 8 ft. porch which could be built now would not be very conducive to' the small type residence- which is going to be constructed, but the larger size porch enhances the house and lends to the outdoor living as well. (Mr. Stagnitta produced the plans of the house for the Board to examine. ) MR. STANLEY SEPKO, 'Mattituck, New York: The roof arrange- ment as you can see is very peculiar. This roof is actually the ceiling of the house. MR. HOWARD M. TERRY' Building Inspector: - Bob Bergen, when he called, said he has no objection to this variance, or rather special exception. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? Is there anyone -present who wishes to speak against this application? Are there any other questions? (There was no response. ) THE CHAIRMAN: I think that normally if you were not an exceptional situation probably' there would be doubt as to whether the- Boafd would grant this. I can see some good reason for this application, however, because the outlook is un- ' favorable toward Captain Kidd Drive and good' toward Luthers Road, for one thing. - It would certainly change the line of the roof considerably to cut it off, is apother thing. Resolution was offered by Mr. Gillispie, seconded by Mr. Rosenberg, and carried, "WHEREAS application of Joseph Southold Town Board of Appeals -5- December 23 , 1959 Stagnitta having been considered at Public Hearing No. 247 on December 23, 1959, and the Board finding that the public convenience and' welfare and ;justice will' be served and the legally established or permitted use of neighborhood property will not be substantially or permanently injured and the spirit of the Ordinance will be observed, therefore be it RESOLVED that the application for a special exception be granted, to reduce front yard setback on Capt. Kidd Drive, Lot No. 1947 Capt. Kidd Estates, Mattituck, New York® Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. Mr. A. Halsey Brown, East Marion, New York, appeared -before the Board of Appeals for an informal discussion. Mr. Brown has a couple in Cutchogue by the 'name of Garland who are interested in becoming salesmen for him, however they live in a Residential "A" 'zone on the south side Main Road, the second house from the corner of Fleets Neck Road and Main Road' and wish to have an office in their home. Mr.- Garland is employed during the week and wishes to sell on weekends and Mrs. Garland- would like to do xome selling during the week as she is at home with their children. This is intended to supplement their income. Mr. Brown was advised that there is nothing the Boardof Appeals can do as the proposal hd has is to conduct a business in a residential zone. Mr. Brown stated that he might organize with other real' e state people in the township and speak to the Town Board relative to including real estate offices in the category of professional offices permitted in the "All Zone. On motion of Mr. Rosenberg, seconded by Mr. Grigonis and carried, - it was RESOLVFD' that 'the Board set 7:30 P.M. (E.S,.T.) Thursday, January 7, 1960, Town Clerk Office, Main Road, Southold, New York, as time and - place for hearing upon appli- cation of Test End Land Company,- Madeline Road, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 , for permission to reduce frontage and use as a single lot property located on the north side of Madeline Road, Fishers Island, New York, bounded north by H. Zabohonski, east by G. Griffin, south by Madoline Road, and west by other lands of the applicant. Vote of the ' Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. On-motion of Mr. Grigonis, seconded by Mr. Rosenberg, and carried, the minutes of the meeting of December 99 1959 were Southold Town Board of Appeals -6- December 23 , 1959 approved as corrected. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. The Board received a letter from Goldsmith and Tuthill by Floyd D. Houston requesting that the Board of Appeals dismiss from their docket the Goldsmith -and Tuthill Appeal No. 214. Hear- ing was held on December 91 1959 and continued to this date. Resolution was offered by Kr. Rosenberg, seconded by Mr. Grigonis' and carried, granting permission to withdraw Appeal No. 241 without prejudice. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and N1r. Grigonis. The annual report of the Southold Town Board of Appeals was approved for submission to the Southold Town Board. A letter was received from William Wickham, Esq. , Mattituck- New York enclosing a map of property of Albert Zanowski, Olejulane, Mattituck, New York. The letter stated that Mr. Zanowski who now owns lots 3, 4, and 5 would like to sell: lot 5 and part of lot 4 with -a frontage on' Ole julane of 160 ft. This would leave him lot 3 and part of lot 4 with a frontage of approximately 90 ft. on Olejulane. It was also stated in the letter that in Appeal No. 40 dated December 9, 1957 the Board of Appeals granted Mr. Zanowski a variance for Lot No.' 4. Mr® Wickham asked to -be- advised whether the variance previously granted Mr. Zanowski is adequate to make the sale set forth above and retain the remaining 90 ft. After considerable discussion it was -the. decision of the Board that a letter be- forwarded to Mr. Wickham advising that the variance granted on December '91 1957 on Appeal No. 40 on lot No. 4 would not properly apply to the- transaction proposed in his letter. The -Board is of the opinion that a separate application for a variance to 'cover the new proposal should be filed stating the reasoning involved in the application. Upon resolution offered by Mr: Rosenberg, seconded by Mr. Grigonis, WHEREAS the following applications NQ. Date Applicant Reason for Withdrawal 50,51952 3-17-68 James C. Whelan Change of Plans. 67 6-.17-58 Nick Houlas Unable to receive permission from land 80 8-5-58 Edward Speeches owner to erect - Soundview Restaurant directional sign. Southold Town Board of Appeals -7- December 23 , 1959 (Continued) No. Date_. Applicant Reason for Withdrawal 165 4-27-59 A. Halsey Brown Unable to receive permission from land 205 7-29-59 Jack J. Levin, Mgr. owner to erect Sound Shore Motel directional sign. 209 8-13-59 Helmut Hass , a/c Southold Town Beach Motel have been incompleted for the stated reasons. Now, therefore permission is granted to withdraw the applications without prejudice: Vote of the -Board: Ayes.-- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held January 79 1960' Thursday, at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 9:35 P.Me Respectfully submitted, udith T. Boken Chai man _Goar.cl .ofi a��'4- Guy Secretary e i • e 77� �e � : T Southold Town Board ®f Appeals S O UTH O LD, ,L. L, N'. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg December 23 , 1959 Charles Gregonis,Jr. Serge Doyen, Jr. Report to: Southold Town Board Southold' . New York Subject: Annual Report Gentlemen: The Southold Town Board of Appeals wishes to report that we have held 1+7 meetings this year' 1959. We have met with the Southold Tom Board and Planning Board on three occasions. There has been a total of 118 hearings held. Variances: 59 -- 53 approved' 6 denied. Special Exceptions: 42 -- 36 approved' 6 denied. Access: 13 All approved. Removal of Notice of Violation: 1 -- Denied® Applications With- drawn after hearing: 3 118 Total Fees collected by the Building Inspector and turned over to the Supervisor in connection with Appeals:- $1545.00. Annual Report -2- Southold Town Board of Appeals There were over 50 informal discussions held by the Board of Appeals and persons seeking information or planning to make an appeal® Mr® Serge Doyen, Jr® attended the Association of Towns meeting in New York- in February; and with the exception of Mrs Grigonis' the entire Board, including Mrs® Boken attended the Zoning Convention held at Patchogue on December 5th. Re - ctfully .1 bmitted, Robert W. Gillispi Jr. , Chairman, Southold Town Board of Appeals /jb �. :, c .. c c y 9 .? . , �� 1 , �'�����