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HomeMy WebLinkAboutZBA-10/15/1959 d 3 FoLA-�o z T Southold Town Board ®f Appeals SOUTH(3LD, 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. MINUTES Southold Town Board of Appeals October i5, 1959 A regular meeting of the Southold- Town' Board- of- Appeals was held Thursday, October,159 1959, - 7:30 P.M., at the Town Clerks 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: Measrs. Charles Grigonis, Jr. , and Serge Doyen, Jr. PUBLIC HEARING: 7:30 PoM®, Appeal No. , 227 - Upon- . application of John and Helene Hoch; Miriam Road, Mattituck, New York, for a variance in accordance with the Zoning Ordin- ance, Articld ' III, Section 300, Subsection 7,' for permission to locate private garage with reduced setback. Location of. prbperty,-,Lots 71 'and 78, Miriam Road, Captain Kidd Estates, Mattituck, New York. Fee paid $15.00. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector, legal notice of hearing with affidavit attesting to its publication in the official newspaper. Southold Town. Board of Appeals -2- October 15, 1959 MR. WAITER G.' KA.PP, ,,Attorney for the applicants, Southold' New York: I would first like to amend the appli- cation to read' 50 ft. setback for the garage in lieu of the 35 ft- I have indicated in various places .in the application. Upon resolution offered by Mr. 'Rosenberg, seconded by Mr. Bergen and carried, the application was amended as follows: Bottom of -front page: "I wish' to erect a private garage (detached) with a setback of '25 ft. instead of 50 ft. as required by the Southold Town Zoning Ordinance." And on the reverse side of the application under Item 2t .'---because of the" buildings in the area have been setback distances ,less than 50 ft." Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Mr. Kapp presented a sketch of the area which had been traced from the filed map of Capt. Kidd Estates, and stated that the Hoch house is located on Lot No. 71 and they wish -to place the garage on Lot No. 78 -because there is sufficient level land upon which to place, the garage, the surrounding area going from a .hill to a drop down into a hole on Lot®No. 77. Both Miriam Road and' Summit Drive are doti,mhill going easterly. Another point brought out by Mr. Kapp is that the paved part of the- road is 26 ft. 'and .the peculiar part about the road is that the shoulder is all over on the north side and there is no shoulder on the south side. Therefore, if Mr. Hoch places his garage according to the regulations he would have the shoulder of 24 ft. , then the .50,fta required setback before being above to erect the garage, ma�ing the garage 74 ft. from the road line, and it would .then be right . up to the house making the layout unattractive, Purther east of the property in the setbacks seem to be 20 ft. .to 25 ft- from the road: CHAIKWT: What is the reason for the width of the shoulder? MR.� TERRY: They stayed to the southerly side of the bank rather than bring in fill because of the lay of the land. To the west of this where the road intersects the land goes up hill. The water would drain right down into the Hoch property if the lot did not have a small rise -.in it. CHAIRMAN: Is there anyone "else present who '"Vishes to speak for this application? Is there anyone present who wishes to speak against this application? (No one wished to speak.) Southold Town Board of Appeals . October 159. 1959 Resolution was offered by Mr: Gillispie, seconded' by Mr'. . Rosenberg: and carried; WHMAS application _of John' and Helene Hoch' having been considered 'at PublicHearing ' No. ,227 on October ' 15,1959'; and. the Board..finding that the strict application of the Ordinance 'would -produce undue 'hardship because of the unusual topography of the land. ', The -situation "is -unique* and. would, not.. be shared- by all properties alike - in the immediate vicinity be--; .cause other lots iri the areado not share this topographical. problem. The public convenience':.and welfare and justice will be served and the legally established or permitted.use of - neighborhood property and". adjacent use, districts ,would not be. substantially or ;permanently ;injured .because' the detached garage" to,' be ereeted 'will , e"so. construdted as to correspond with the existing dwelling 'and -will be used for private garage purposes only, therefore be it RESOLVED that the application be: granted as applied for because of the topography of the property and the natural drainage of the area. Vote' 'of' the Board: Ayes®- Mr. Giliis,pie, Mr. Bergen, and Mr. Rosenberg. The minutes of "the' meeting of October 8' 19597 on motion of Mr. . Roserber'g ' 'seconded by Mir. brgen and carried, were approved as . submitted. Vote of the'.Board: Ayes:- Mr.' GilTispie, ir. Bergen,' . and Mr. Rosenberg. Mr. Helmut Hass, proprietor ,of Southold Town Beach Motel, Southold, 'New York, appeared before .the Board ' of.Appeals for . . an informal discussion relative to receiving consideration on . Appeal No: 218 which was denied `September 17,``1959• Mr. Hass asked that-he be .allowed to reduce the front yard setbaek.'of: the addition to" his motel 'at least five cr six feet rather-than the' 10 ft. he asked for, and-'was denied. Mr.- Hass was advised by 'the -Board that he may have a bay window of five "feet 'but he may not extend the building itself past the existing setback - line. Upon .motion of Mr. :Rosenbergs Seconded; by Mr. Bergen;,,and.. carried it,was' RESOLVED that 7:30 P.M. " (EX-.T.), 'Thursday': ; October 29, 1959 be set -for Yiearing upon appliea.tion of . Theodore Schroeder;: 139 Fourth Street' GresnportI Near York, for a special exception in acgrdance' with the -Zoning' Or'.di:nancei Article III, Section 306, , and "Section 307; 'for ,permission to reduce side yard and front yard setbacks on 'a corner-lot. .'Lot No: 122A, on map 'of Peconic Bay-Estates; .Arshamomaque, Greenport; Ne,w York, bounded north by.Private Road, east by Bay .shore Road, Southold Town Board of Appeals -4 - October 15, 1959 south by Addie J. Becktold, and west by Adam Pekunka. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. 8:00 P.'M (E.S .T.) , Thursday, October 29, 1959, on notion of vir. Bergen, seconded by Mr. Rosenberg, and carried, was set as time for hearing upon application of Henry W. 'Lauber, Pequash Avenue', Cutchogue, New York, for a variance in- accordance with the Zoning Ordinance, Article III, 'Sectiori. 300,. Subsection 7 for permission to Locate private garage with reduced 'setbackg - Location of property: Pequash Avenue and Southern Cross Road, bounded north, by L. DeLucia,. east by Fleet's Neck Road, south by Southern Cross Road, and west by 'G® H. Fleet' Estate. Hearing to be held at the Town Clerk's Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Mr, Gillispie , Mr. Bergen, and Mr. Rosenberg. The next meeting of the Southold 'Town Board of,Appeals will be held Thursday, O'ctober ,22, 19599 "7:30 P.M.', at the Town Clerk's Office, Main Road, Southold, New York. Meeting adjourned at 10:00 P.M. Respectfully submitted, ,✓ jOZ.-) Judith T. Boken, Secretary y .rman Board o� Appeals Ch +