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HomeMy WebLinkAboutZBA-10/01/1959 o T Southold TBoard ®f Appeals S O UTH O LD, 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 Toim Board of Appeals October 11 1959 A regular meeting of the Southold Town. Board of Appeals was held Thursday, October 1, 19599 7:30 P.M., 'at the Toim 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. Serge Doyen, Jr. , and Charles Grigonis, Jro PUBLIC HEARING: 7:30 P.M., Appeal No. 221 ., Upon application of Alfred Goldsmith, a/c Albert Fordham, Bay View Avenue, Summer Haven, Greenport, New York, for a vark nce in accordance with the Zoning Ordinance, Article ITI, Section 3002 Subsection 7, for permission to locate private garage with reduced setback. Location of property, west side Bay View Avenue, Lots No. 19 and 20 Summer Haven Subdivision, Greenport, New York® Fee paid 615.00. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector, application_ a Southold Town Board of .Appeals a-2-m October 1, 1959 for a variance, legal notice of hearing and affidavit attest» ing to its publication in. the official newspaper, CHAIRMAN; Is there anyone present who wishes to speak for this. application? Mr. Howard Terry, Building Inspector, advised the Board that a list of the dwellings located on the west side of Bay View Road appeared in the file, indicating whether they have attached or detached garages and the setback of same. MR. ALFRED GOLDSMITH; Southold,New Yorks I cane t see where it would cause any hardship to have the garage located in such a situation as that2 being that there are many people on that side of the street that already have them. CHAIRMAN: Mr, Rosenberg and I wnt down there to look at the neighborhood this morning and took a couple of photos (Mr. Gillispie produced two photographs of the location of the property.) Were will the garage be built, where the sand piles are? MR. GOLDSMITH: Behind the sand piles. CHAIRMAN: Not until about seven or eight houses dorm is there a garage of the type you are requesting. " MR. H0WARD TERRY® Farther dorm there are some. On this side of the road the street is considered the back yard, and the fronts face the creek. CHAIRMAN* The people on the west side seem to use both sides of their houses as front or back. - Is there anyone else present who wishes to say anything for this application? Is there anyone present who wishes to speak against this appli- cation? Are there any questions members of the Board would liU�,e to ask? MR. BERGEN This, garage is going to be 10 ft* from the property line, and the house is what? MR. TERRY® It is setback. 100 to 125 ft. Theywant the garage near the' road so they would have to build a long driveway and shovel so much snow and so forth, they aren't young people. MR. R.OSENBERG: Al) you know all about that area, down there, from the southerly end of the street up to Colony Road there is one garage, that is Suydam* There is approximately 1200 ft. where there is no garage until up to Sydam. On the other side of the street there are no garages except those attached to the house and in the rear where they are not visible. Now' there is nothing to prevent anyone from building a garage Southold Town Board of Appeals, 3 . October ,1, •1959. 50 ft. from the property line,• ®- There are no garages on the . ' road• for. 1200 feet, 'no matter what the application says. CHAIRMAN® • "In this case it .would .be• .bad enough to erect the. garage . 50 ft.- from the road' "in front .of the other . houses, it •would impose a hardship to the people across the ., : ' street, as it would. be a blot in front of them•to have: a single detached garage. and. nothin.g'..of..a: similar character within 500' to 1000' feet. We do` not think the- question ofhardship .to,. the applicant can enter into whether you .have a garage or not. Financial hardship can not be considered, .the ,same is snow removal, that cannot be 'considered, that 'afefects all of us, at. the same time, that is not a basis for granting. a variance. MR� ROSENBERG The .fact• he does not wish to dig , through the snow is- not a unique hardship. Resolution was;. offered by Mr: GL-Ilispie' seconded by Mr'-0 Rosenberg, and carried, 'WHEREAS applida,tion of Alfred . Goldsmith; 'a/c- .Albert Fordham having ,been' ,considered at Public Hearing No. 221 .on :October 11 1959, and the Board finds that in their .opinon it is not an unusual or undue hardship to-.have to remove snow, and the question of expense is not permitted as a reason for granting or denying. a ,variance, and the. Board also , . finds construction of a .separate detached garage: 10 .M' from the property line would affect the outlook of all of the property owners across the street, over :a.-;distance of at least ,1000f'eet and would have :a tendancy to cause the neighborhood to deteriorate, therefore be it -RESOLVED that -the application be denied. Vote of the Board.' .Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HMING: 7:45 P.M',;9 Appeal' No; 222 ,«» Upon, application. of Alfred Goldsmith, • a/o Dr. John Whitter) Nath View Drive. (private road)., .Orient,. New:-York9 for a variance , in accordance with State of. New York Town Law, Section 280A. due to lack of access. •Location• of property, North View Drive, (private road), Bro 's .Hills Estates, bounded north 'by Long Island Sound, east-by-G. L. Young,. south by 'North View Drive9 and west 'by. Brownla Hills" Estates:. No, fee necessary. - access The Chairman opened the hearing .by. reading. ,notice of disapproval issued by the• Building-:.-Inspector, application, for a variance, legal notice :of -heari`r�g:and affidavit attesting to its publication in the official newspaper, Southold Town Board of Appeals -4- October 1, 1959 CHAI10TAN: Is there anyone present who wishes to speak for this application? Mr. Howard Terry, Building Inspector, presented a map of the property and explained same to the Board. Mr. Alfred GoldsmithT Southold, New York, etated he appeared for the application and would answer any questions the Board might have. The Chairman stated he was quite familiar with the location of the property' and 'knew the road to be in good' con- dition. CHAIRMAN: Is there anyone present who wishes to speak against this application? (No one wished to speak.) Resolution was offered by. Mr. *Gillispie9 seconded by Mar® Bergen, and carried, WHLWAS application of Alfred Goldsmith, a/c Dr. John Whitter2 having be(n considered at Public Hearing Noe 222 on October 1. 19592 and the Board finding that strict application of the Ordinance would produce undue hardship because this private road is in excellent condition, having been oiled and maintained in first class condition,, End applicant would be unable to build without this variance. The situation is unique and would not be shared by all . properties alike in the immediate vicinity because mahy of the lots have been built upon before present requirements had been set up, The public convenience and welfare. and justice will be served and the legally estab-_ fished or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured and the sp irit of the Ordinance would be- observed 'because the' . proposed use ofthe property is residential in keeping with the neighborhood, therefore be it RESOLVED that the application be granted as applied .for. Vote of the Boarde. Ayes-.® Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARINGOI: 7050 P.M., Appeal No. 223 Upon application of Robert Hyattg .a/c. A-nne MacKay and Carole Losee, South View Drive, (private road)2 Orient, New York, for a variance in accordance with"State of New York Town Law, Section 280A, due to lack of accessog, Location of property, South View Southold Town Board of.Appeals October. L, 2959 . (private:, road) 9 Brown's Hills Estates9 Orient' New York, bounded north. by South ".View Drive,, east, by Rblhloff' south" by Droskoski9 and west by fohnson. No fee..necessary .- access*­ The Chairman opened the hearing by. reading .notice of disapproval" issued by the Building Inspector, application for a variance-9 legal notice of hearing "and" affidavit attest- ing to its 'publication in the "official 'newspaper CHAIRMAN: Is there -anyone present who wishes to speak for this . application? Nix.. Howard Terry9 .Building Inspectors stated that this 'is the' same location as the. previous appeal (4dhitter) and produced the map for the .Boards to "examinee. The Chairman stated that he is also familiar with this"location and know the roads to be in excellent condition. CHAIRMAN: Is there" anyone' else .present who wishes" to speak for. this " application2 Is. there an present who wishes to 'speak against, this. application? Are , there any questions. members of the "Board would, li'�e to asks (No one .wished to 'speak. ) Resolution was offered .by'Mr. .Bergen9 seconded' by Mr, Rosenberg' "and carried, WHEREAS.t .applicatiot"of Robert ... Hyatts a/c Anne MacKay. and Carole .Losee, having been -con- s"idered "at, Public Hearing .No. 223 on October 1 , 1959, and the- Board finding that strict application ".of the Ordinance would , produce undue, hardship. because the private road is in excellent , condition' .having been oiled and maintained in first class condition. ' The situation is. 'unique and would not be'.shared by all properties alike in the immediate vicinity -because many of the lots have "been built upon ".before. present requirements" . had to be met. The public convenience and welfare and' justice - will be .served.' and .the legally established, or :permitted use' . of neighborhood property' and adjacent 'use.' d,istricts would not be substantially or permanently injured and the spirit of the. Ordinance would be observed because this is a res31�ntial area and the, proposed-use of "the "property is to be residential in- , keeping with the area' therefore be. it RESOLVED that- the application be granted - as applied for. Vote of the Board: Ayes Mr. Gillis pieMr..-Bergen' and Mr. Rosenberg. :, Southold Town Board of Appeals -6-. October 11 1959 PUBLIC HEARING: 8:00' P.M®, Appeal, No.. 224 - Upon application ofEmory RroL Tuthill,- Oak Drive, Cutchogue, New York, for a variance due to lack of access,. in accordance with State of New .York Town Law, Section .280A: Location of property:. private road, Map of Wilson Tuthill Cutchogue; New York, bounded ' north by Wilson Tuthill'- eas.t by Wiison Tuthill, south by .Wilson Tuthill, and west by Eugane Creek., Fee unnecessary , 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 newspap er. CHAIR4AN: Is there anyone present who wishes to speak for this application? Mr. Howard Terry, Building Inspector., produced a map of the property and explained same, to the Board -of Appeals. On the map 'the property in .question is referred to as Lot No. 18 and is 100 ft, front by 290 ft, depth on one side ' and 25o ft. depth on the other. It has been staked off,' 'monumented; and the deed has been filed. '-'Mre Terry also stated that- the appli- advised him it is intended to cut .a 50 ft. road in after. the . crops 'have been harvested, however at present 'the road is compl.e tely passable. CHAIRMAN: Is there anyone present who wishes to speak against this application? Are there any questions members of . the -Board would like to ask' (No one wished ,to'.,speak` Resolution was offered by Mr® Rosenberg, seconded by Mr. Bergen. and. carried, WHEREAS,; application. of Emory :R. Tuthill, , having been considered. at Public Hearing No..,, 224' on- October. 1, '1.959, and the Board finding that strict application of the Ordinance would' produce.. undue hardship because it would-be an unnecessary hardship to require removal' of the crops and ind.tallation of roads. for the one dwelling , at the present time. The situation"is unique and would not be, shared by all prop- erties alike in the- immediate vicinity because this 3s the first lc: to be taken out of the farm' and a subdivision .map is being prepared. 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 ini-ur-ed and' the spirit of the Ordinance would be. observed because the proposed. use is residential and would be in keeping with other residences on either side.:.of this property, therefore be it ' RESOLVZD' that the application be granted as applied for. Lot sizes 100 ft. front., ,290 ft. one side and 250 ft.. depth other side® Southold Town Board of Appeals October 1, 1959 Vote of the Board: Ayes:- Mr. Gillispie, Mrq Bergen, and Mr., Rosenberg. The minutes of the meeting of September 21+, 19595 on motion of Mro Rosenberg, seconded by Mr. Bergen, were approved as submitted. Vote of the . Board: Ayes:' Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg, Mr. and Mrs. Manuel Gloria, accompanied by their attorney Edward LaPreniere, and Mr. Odell Smith, appeared before the Board of Appeals for an informal discussion. Mr. Smith, on October 239 1958, was granted a valiance. due to lack of access ,from Seventh Street to his lot No. 772 Greenport Driving 'ark, Greenport, New York. Mr. and Mrs. Gloria ovm property on Ninth Street and on the right- of-way known as Flint Street which is located between Ninth and Seventh Streets. They are having a 50 ft. road cut through from Ninth to Sevenths Streets but have come to a point in the road where an individual has a chicken coop on part of his property and part of Mr. Gloria's property and refuses to move it. The Boarcl, advised Mr. and Mrs. Gloria that this ima tter is entirely persoriftnd they could not grant them access from Ninth Street to Seventh Street until the road is cleared all the way through. By resolution offered by Mr. Bergen, seconded by Mr% Rosenberg and carried, - Thursday, October 15, 1959, 7:30 P.M. (E.D.S.T.)� was set at' Town Clerkss Office,Main Road, Southold, New Yorky . for hearing upon application of John and Helene Hoch, Miriam Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Secti.oll 300, Subsection 7. for permission to locate private garage. with reduced setback. Location of property, Lots 71 and 78, Miriam Road, Captain Kidd Estates, Mattituck, Nell York. Vote of the Board, Ayes:® Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. It was further resolved that legal notice of hearing be published in official newspaper on October 99 1959. Vote of the Board: Ayes®® Mr. Gillispie, Mr® Bergen, . AP0V Rosenberg. Meting adjourned at 9045 P.M. spect ally sub fitted, Charman Board of App ReLditfi T® BokenD Secretary