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T Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5-2660
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
October �9, 1959
A regular meeting of the Southold-Tour Board - of
Appeals was held Thursday, October, 297 79599 - 7:30 P.M., at
the Town Clerk's Office ' Main Road' Southold, New York.
There were present: Messrs. Robert W. Gillispie,
Jr. , Chairman, Robert Bergen, and Herbert Rosenberg.
Also present: Mr. Howard M. Terry, Building
Inspector.
Absent: Messrs. Charles Grigonis, Jr. , and Serge
Doyen, Jr.
PUBLIC HBARING: 7:30 PmM. Appeal No. 233 Upon
application of--Theodore Schroeder, 139 Fourth Street, Greenpgrt,
New York, -for a special exception in accordance with•the -Z6ning
Ordinance, Article III9 Section 306, and Seetion 307, for per-
mission to reduce side -yard and front yard setbacks on a corner
lot. Lot 'No. 122A on map of Peconic Bay Estates, Arshamomaqueq
Greenport, New York, bounded north by Private Road, east by
Bay Shore Road, so uth- by' Addie J. Becktold, and west by Adam
Pekunka. Fee paid $15.00®
The Chairman opened the hearing by reading notice
of disapproval issued by the Building Inspector, application
. Southold Town .Board of Appeals -2-� October 29, . 1959 .
for a' special, exception, legal notice of hearing and affidavit
attesting to, its. publication. in the official newspaper.
CHAIR14AN: I believe -before we start this"'appli
cation .-should be "amended to include Section 307 .as .well .as
306s section 307 refers to side yards.
MR ' S.TANLEY CORWIN9 Greenport, New York' attorney_
for the applicant, stated that he. so moved the application.
be amended in that respect.'
CHAIRMAN: . I think we are .all familiar with the ,
.,particular- lot. Mr. Rosenberg and I went down -and took
pictures of ,it ,for our own information and they are. here in
the file.
.,Is there_ anyone .presennt who wishes to speak for
this application?
MR-. UORWIN: There is very little to s ay in addition '
to what is evident from the application. .' This particular plot
of property 'i-- unique not. only .in that development. but" probably. .
in the towhzin the way that it was originally laved' out. This
.property-.is being taxed and- i.t' is; certainly and' ease of practical
difficult and unnecessary hardship. and it .is -impossible to comply
with the, terms of the Ordinance because of the size of the lot.
(Considerable discussion was' held relative to 'the use
of the. ad joini.rig�'road to the north by 'individuals s including the .
property owner on the .north. side of the Private Road. ) .
CHAIRMAN: . Is there 'anyone else present who wishes to
speak 'far this application? Is,- the .I anyone present who wishes
to' speak .against this applicat3:,on? Are' there any questions
members of the Board would like to inquire -about at this time?
MR. CORWIN:, '-This lot ,3s. wide and narrows in the. back.
MR. TFiEODORE CCHROEDERy 139 Fourth street, Greenport,
New York:' My father acquired .this. parcel .in 1949 ' He then had,
some 32 dots on the .west side of the road. - About three. or four
years ago I purchased the` 29 .ft® from him .and, it had been my,.
intention to use it in the future
CHAIRMAN: You bought the lot with the intention of
building a house on it?
MR®, SCHROE;DERs ,,Absolutely... -
CHAIRMAN: You purchased this lot, pri:or to zoning' ,
from your father.?
Southold Town Board of .Appeals. �3" October 29., 1959
MR. SCHROE7)ER Yes.
CHAIR�MANo - This particular` house; that 'you have here
is 20 .by 26 and you would like to place it -20 ft. from Bay. -,
Shore Road., correct?
R. SCHROEDER: Yes
CHAI`lbvIA.N: , Would it make any difference to you-if
it were more than 20 ft ?.
MR. SCHROEDE'Ri The lot narrows, and, 1 took a scale
and were- I to' go back any further it would make it too close :
to existing lines®
CHAIRMAN: You. are% aware that it is closer to the
existing lot- lines than would be permitted by -the Ordinance'
without this' special ,exception? The total side yard require
ments are 25 f t. 9 . 10 and'15..f t® The Ordinance -also permits,
where an Lowner hadd -a piece of property that existed before
zoning and 'is. Undersized,` a: 5.0%.redizctioh, can be made by 'the
Building Inspector .3i1:granting .:a. building ' permit.. Are you,'.'
,familiar.. with the water and cesspool requirements in the, area°?
- MR. SCHROEDER: I believe 75 ft.
CHAIRMAN: What about' a garage on' this property?
'MR. .SCHROEDER:, I. do not believe..I will have a_
garage, of course if I. decide-' to. ,it_ can be put on the back
of the house.
CHA.IRMAN:� Are there any other questions,,. anything
else anyone wishes , to . say?
MR. CORWIN: There were many 50 "ft. lots in -the
community at .the 'time' 'of the .adoption of the Orc7i nance' and
the Ordinance gives this Board'. authority to grant special
exceptions on these lots. I am sure this Board can reduce
this 29 fti lot in proportion.
CIUJHVIAN: I agree 'with everything you; have said-.
How, does. the -rest:of the Board feel' about the front yard set-
back since it - is .on' a. curve and `corner?
MR. ,SCHROEDER` 'I believe Mrs. Be cktold is only_ 10
ft, from the road and .and would like to go back 10 ft. from her.
MR. ROSENNBERG® : I .'am sure. you are .referring to Mrs.
Adams. -_ The house to the north of 'yo.0 is 60 ft. from the
road. Now, every time you, -go back one foot you lose l' in.
Southold. Toim Board of Appeals Octn ber 29, 1959.,
MR. . SCHROEDER: Can I 'go on line with ,Mrs. Adams?
the . ROSLLTBERG: No,' you cannot. By ,the .average'
which is t r qu3r emerit, you would have -to -be batik
35 .'ft: You are asking 20 ft�. .on a very-bad corner, that is
the worst' corner in all of Wickham. Park. .It is, very bad .for
children. As a-"matter of ,'fact' the Town has cut back the growth.
on• your property 7 ft. ,'now.
'.(The -Chairman 'made a scale 'of -the 'lot and 'dis.cussion .
was held relative' to t.he, placement of ,the house thereon. )'
CHAIRT N: The only w4r we , 6 , n grant this special ,
exception is by placing limitations on wherd�you will put
the house. A 25 ft. . setback would`be. better,. and if you do
not 'approach .any part 'of the. .lot'.more than 4 f t. , that is
side lines.
MR. HOWARD TERRY' -Building" Inspector; With a 25 ft.
setback he would have 32 ft. on 'the .south- side.
MR: ROSENBERG:, The' entire Board has been down and
looked at this property and from knowledge of the property2as
a' past"resident there also' ' that is an extremely dangerous
cornier. I am-wondering- about the distance from; the corner and
the way the house is going to be placed.
CHAIRMAN: It is "definitely far. more important to
establish a satisfactory front yard setback, than side yard
- That you do. notput a porch on the. front. of the. house would
be one of the, conditions we will impose.
MR.. CORWIN: _There' is no objection' to a condition
prohibiting a' porch on the front®
CHAIRMAN: , 'Also 'bay'.windows to be .prohibited on the
Front, nor on the north. side.
MR. CORWIN: ,, No objection. to that'
Revolution was, offered by' Mr. Gillispie' seconded 'by
Mr. Bergen' and carried:) -WHEREAS application of Theodore -Schroeder
having been considered' at Public Hearing No. -233 . on"October 2'97 _-
19599 and the':..Board. finding; that the."public convenience` and wel�-
fare 'and justice; will 'be -served' a d''ahe legally established or .
permitted use of neighborhood„property will. not .be substantially
or permanently injured` arid, the spirit-"of the Ordinance will be
observed, therefore. be it
RESOLVED, that the application begranted under they .
following conditionss ' That no part of. the house , including open
'Southold Town Boatd of Appeals -October k9.9 1959
porches and bay windows", .may be closer to,.Bay. Shore" Road than
25, ft. and `that ,.the side yards may ,be ,'reduced so:' that no portion ''
of 'the 'house is .cYoser to .the: property lines than 32 fe.e.ts , :The
phrase 11open porches, and bay"windows a does" riot ;include -a patio
which does 'not exceed, in height the, foundation line. of the,
.. . building.
Vote ,of :the Board:. Ayes:p Mr.' Gillis pie' Mr. ;
Bergen,• and' Mra. Rosenberg. , ::,
.PUB I : :
PUBLIC HEARING: 800 P.M. ppea, Al No. '232 U
• Pon
application of Henry W. Lauber, Pe quash, Avenue", Cutchogue,
New York, for a:var'iance ;iri accordance.; with,, .the Zoning Ordinance,
Article III,. Section 300' .Subsection ''7; for` permission to, locate
private', garage with reduced , setback�. Location of,property:
Pequash• Avenue. and Southerri•Cross. Road9' Cult chogqe', New,York
bounded- north by L.-BeLucia, east':by; Fleet'*s' deck Road•' , south
by 5outherri Cross- Road•, .and west" by G. H. ,neet .Estate. Fee
—paid $15,.00.
The Chairman o-pond the. hearing .by reading. .notice of
disapproval issued by- the Build'1ng., Inspector;•-appl•icatiori for
a variances legal notice of hearing :"and' aff idaVit attesting .
to its publication .in the official newspaper.
CHAIRMAN Oo Is there'. anyone. present who -wishes to
speak .for, this application?:
(The Board 6karAined 'the .s'ketch appearing in the file
and also tYie "tax"map showing the. property in question and
surrounding. area® -'-Mr. Terry and Mr.;. Rosenberg' stated they had
visited the. 'pro.perty :and elaborated' upon the -application. )
CHAIRMAN': Is' there anyone present who wishes to
speak against this -application?
(No one wished to' speak. )
Resolution was -,offered by- Mr. Rosenberg, seconded .by,
Mr. Ber.gen9 and .carried, "WHEREAS application'of° Henry �r�® Lauber
having been considered at kiblic "Hearing No. .232 .on October .29;
19599 and the Board finding -.that 'strict appl'i:ca.tion•,of the
Ordinance would ..produce undue hardship because -property west. -of_
the house 'slopes sharply'uph" ll an :it•.would in.ake it, difficult
.to get -access to the Town'Road in lement weather. ' the situation.
is unique and `would riot-be' shared; by ,all properties alike .in the
iminedfdte vicinity, because- —property y-across' the ',street has agarage
-located only 73 -Tt.- from ..the road and "-generally this garage would
be setback further than most. in the area The public convenience
Southold Town Board of 'A"ppeals' -b. octobez 29, 1959 -
and welfaro-.an& 'justice will" be served" and--.the_ legally, e_stab-
lished or permitted use of neighbor hood`'property and adjacent
use districts would not be ' substantially or permanently "injured
and the 'spirit. of the Ordinance 'woi4d "be: observed because appli"
cant intends to erect a garage which will conform to .the general
appearance of his 'home "and "erect a breeze-way attaching it'".±to
the house -in the near future'_ therefore i.t..is.
RESOLVED that the -Application- be granted as applied
for.
Vote' of the, Board: Ayes:-"" Mr.. Gillispie, Mr. Bergen, .
and Mr. Rosenberg.
The minutes of the "meeting of October, 22; 19599 on,
motion of Mr. Bergen,' .seconded "by Mr. Rosenberg, " and. carried y
were approved. .as . submitted.
Vote"" of " the " Board": Ayes',,-
Vote'' Mr. G illispie Mr. Bergen,
and Mr. Rosenberg.
By resolution offered by Mr,. Rosenberg,- seconded by
Mr m Bergen,, and carried, 7:30' P.M. (E 'S.T41 "Thursd,ay, November .
12' 1959, Town ClerkIs "'Office',' Main Road,, 9ou:thbld,: New York':
was set as time - and place` .for hearing upon. application- of .Harold
Re Reeve & S-ns, East Main Street) "Matt ituck," "New Yorkl' "a/c.
Leonard -Plechavicius,. for a variance in accordance with the
Zoning Ordinance, Article III, Sectiori 3001 , Sub'sedtion 17. Sections
303 and :30T for permis"sign 'to build- addition on guest "cottage and
reduce frontage,-and side- yatds.' Variance is' :also requested" due to
lack of access :in" accordance wTith ',St"ate" of :New .York Town Law,`
Section 280A-. Location of property south' side Peconic-.Bay Boulevard,
M4ttitu6k,;'New-York, bounded north byjeconic 'Bay Boulevard, east'
by C. F,, .Lampe., south by Great Peconic Bay, and west by E. Templeton.,
Vote of the Board: " Ayes: Mr. Gillispie, Mr. Bergen,
and .Mr. Rosenberg®
On .motion of Mr. 'Bergen,-seconded by Mr. Rosenberg'
and'•carried, it" was Resolved to.. set 8:0"0" P.M. (E OS.T..) , a
Thursday.; November-12, 19597 Town Clerkls. Off ice, . Main Road,
Southold, New. York, "as time and place 'for-"hearing upon'' appli-.
cation of.H. M. Brush, ' a/c Asphalts, Inc.:, �Naugl'es "Drive')
Mattituck9 Neva York)" for a variance" in' accordance' with- the'
Zoning Ordinance', Article V., Section -503 , for permission- to
reduce. front yard setback in Industrial District. Location of,
property' north side Naugles Lri.ve, Mattituck, New York, bounde.d
Southold Town Board of Appeals -7p October 29, 1959
north by Mattituck Inlet, east by' Robert Nardo, south by
Naugles Drive, and west by Benard Caplan
Vote of the Board: Ayeso.- Mr. Gillispie , Mr. Bergen,
and Mr. Rosenberg.
The next medting of the Southold Tom Board of Appeals
will be held Thursday, , November 12, 19591 7p30 P.M® , at the
Town Clerkas Office , Main Road, Southold, New York.
Meeting adjourned at 10z30 P.M.
Respectfully submitted,
Judith T,.: Boken
Secretary
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