HomeMy WebLinkAboutZBA-10/15/1959 d 3
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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
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.rman Board o� Appeals
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