HomeMy WebLinkAboutZBA-09/17/1959 �pc�v�FOC��OIi
T Southold Town Board ®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 Town Board of Appeals
September 17, 1959
A regular meeting of the Southold Town Board of Appeals
was held Thursday, September 17, 19597 7:30 P,'M. , at the Town
Clerk s Office, Main Road, Southold, Nei.v.York.
There were present. Messrs. Robert W. Gillispie , Jr. ,
Chairman, Robert Bergen, Herbert Rosenberg' and Charles
Grigox-is I Jr.
Also present: 1fir. Howard M. Terry, Building Inspector
Absent: 1!r. . Serge Doyen, Jr.
PUBLIC n� AlLIING: 7:30 P.M.', Appeal IN?o. 215 - Upon appli-
cation of Louis Zarzecki, Orchard Street, Orient, New York, for
a variance in accordance with the Zoning Ordinance, Article III,
Selection 3039 and Article X,, Section 1000A, for permission to
to reduce frontage and use as a single lot, property located
on the i.7est side Oyster Ponds Vane, Orient, New York, and bounded
north by N. A. Luce, east by Oyster Ponds Lane south by Fernando
Jiminez, and west by Annie Wysocki. Fee paid ?15.00.
The Chairman opened the hearing by reading application fo-
Southold Toirm Board of Appeals -2-, Septepber 17, 1959
a variance, legal notice of. hearing and affidavit attesting
to 'its publication 'in .the, official newspaper,
CHA.IRKAIT: Is there anyone present who wishes to speak
for this, application?
Iv1r.. Howard Terry, Building Inspector j explained the location
of the property, to the Board of Appeals.
Mr. Louis Zarze'cki stepped. forward and stated he wished to
speak for the 'application.,'.
CHAIRMIkN: Is .there anyone else present who. Wi.s'r es., to
speak for' this application?.: Is: there anyone. present who- ��ishes
-.to speak -against this appllca:tion? Is there' anyone present- who
wishes to ask any., further questions' 'concerning this. lot?
(No. one wished to speak..')'
Resolution was. offered by Mr. Bergen, seconded by Mr..
Rosenberg and carrked, U��RFA� appeal. ��To. 215 dated' August 29'
1959, having been considered at .Public Hearing No.' 215 on
, eptQmber 17, '19592' grid the Board. finding that. strict 'appli"
cation of the Ordinance would. produce Undue hardship because
applicant" would .be Unable ',to build on lot without- .the, requested
variance. The situation is unique and Woul.d, not be shared by
all properties' alike in the 'immediate vicinity because this is
the only lot. between the "B" Business' District lot - fading the
Sta.ve. .road and the "A" district..buildings on' the south. The
public convenience and welfare and justice, will be substnatially
served and the legally established or permitted use of. neighbor-
hood property and adjacent use, di-stricts would not be -substan--
tially or permanently injured and the spirit of-,,the Ordinance
would. be ' observed because most of the . lots on the .southerly side
of. the road are Under 100 .ft. frontage' therefore be- it
RFISOLVED -that the application be granted 'as applied for
Vote: of the. Board:, Ayes:" 'Mr. Gillis pie : 1�1r. Bergen, Yx..
Rosenberg,' and Mr: Grig' onis.
Pi1BLIC H ARING. 71:45 P�M*' Appeal No. ' 216 - Upon appli-
cation of Victor Lessard, Wickham,Avenue9 a/c Mary 0. MacHish,
vIestphalia Road, Mattituck,: New York, for a variance ' in accord-'.
ante with. 'the Zoning Ordinance' .Article. III, Section307, for
permission to reduce side yard on property located at .east .side
Westphalia' Road, Mattituck, New York`' bounded north "by Fred
Olmstead,, east by . Ma.ttituck Creek, .south by William Satterlyg
Southold Town. Board of Appeals �3- September 17, 191 �9
and west by Icesli-.phalia Road. Fee paid
The Chairman opened the hearing by reading notice of
X, ID
disapproval issued by -the Building T sjpector, application
for a va:riancej legal notice of hearing -and affidavit attest-
ing attes -
ID CD I I
ing to its publication in the official news-pa-per.
C,FLIIr-121_T;IN: is there anyone present vho wishes tc spear. for
this applicati, on?
Ivi-IRS. KLURY 0. MacITDEIH �,Tes.tphalia Road., Mattituck, New York:
i wish -'L-,o speak for the appeal, anal believe everying is covered .
in the application,
CILLIRMTM: Is there anyone else present who wishes to speak
foi, this application.,* Are there any cl-aestions members of the
Board wish to ask.
!vP11. 1101STENBEERG: Are there any buildings closer to the Main
Road on the next bloc_"tr,
ERS. Mac-IIIISH: The7 7- are all on the water,
CHAIRMLNT: Ho-,T f ai back fr om t he road is the house to be
located?
MIRS. MacNISH.- The barn is already there and it is about-
feet.
CI_i!)_IHI,Li4N: IAThat is tho average. setback Tine a*'_,.c,ng this
road'.�
M *S R Ma(-,Iq!SI-T: 40 f-b. on the other side o-'f T H 1 the oa(�. There
is nothing on our side.
Waat will be the size of t1nie 1,o t2
ivERS. MacIF.11EM: . No particular size . v1e are leaving it as
il, no;; 157 'all in one.
!�HPL. ROSEIOERG: You must divide out a. Tot with 3-00 'L t.
C.� n -b 125 ft. deep because. you are not allowed frontage and at leas
to have more than one house on a lot. The size of the proposed
lot must be -marh:e(-L down bet;ause the Variance izoes "with. the land
and the size of the lot mast be specified.
Resolution was offe--r-ed by Tvlr. Bergen, secoxided by Mr.
0
Gric,onis and carried, INT-EE]RE-AS a��,plica-I-A-cm of Victo,s- Lessard
for lviary 0, 'I"lac.Xiisa having been c_-orjsidered at F-t)blic Hearing
DII. 216 on Septemlber 177 1059, and the Board that
`�-�
�;,outhold Town Boardd of !appeals �- pepi.ember 1; 1959
stric"; application of the Ordinance woi�B.d produce undue hard-
ship because applicant ofoul.d be tanab•?e' 1.-0 build or, lot viti:.cout
the requested variance , 11-1ne building na.s eXisted on the props i:y
I
or many years in the el-listing location and it would be very
ces t"i_y to Make it comply. for• 5 feet. The situation is unique
LAmd would not be shared by all p r operties alit e in the immediate
vicinity because the present buildings have existed for many
years and the proposed use is -to be residential in a residential
area. The, parcel is also- part 'of a !ar-ge estai e. The public
convenience and welfare and justice will be substantiall,V served
and the legally established or permitted use of neighborhood
property and adjacent use districts would not. be substan-L-_;al-Ty
o_r permanently in ju.-red. and the spit i t of the Ordinance would be
1�bserved be cause the proposed use is to be residential in 'leep-
Ing with the neighborhood, Trig buildingsknave existed as they
presently are for maany years , therefore be -it
RESOLVED that; -the application be granted on the following
described propel-tys Sxtartuing on the scuthweste_r•ly corner, running
_r.rvrt}�eYly 7.00 feet; can vies tph; l_;a Road, thence rutll�i_�n_g * an. east;
erly dire.cticin 235 feet pLira.11.el to -the southerly Line of the
property, then running 1.00 ft. southerly parallel to the original_
front line , West ph-al ia. Road, as shotai on the appi.ica.ti.ori to the
poLrit of beginning.
Vote of the Board: Ayes. ' Kr. G:i.l_lispie, NLr. Bergen,
Mr. Rosenberg , and Ivix. Grigonis.
PUBLIC HEA-RING: 8,.00 P.M. , appeal No. 218 - Upon appli-
cation of Helmut Hass , fain Road, Greenport, New York, .for a
variance in accordance with '.,he Zonirng Ordinance, Article IV,
ec1,i.o 4052 , for permission to reduce :rcnat yard. setback f?°om
estab+ished .setback line. Loci .tion of Y)ropert.y, south side
North Read, Fouthold, Ne-v7 Yorks . boumded north. by North Road,
east by other lands of the applicant, south by other lands of
the applicant, and west by Henry. Wenzel., '_Fee- paid $1.5.00,„
The Chairman opened the hearing by .0 eary ing notice of dis-
approval issued by the Bu.i.lding Inspector, application for a.
var`,mace , 1_ega.l not-ice of hearing arid'- affidavit t att.esti ng t.o
its publication. in -';h,- 'official newspayer.
CHDIEqMAN: Is there ;anyone present who wishes to speak
_+:cr this appTication?
(No one wished to speak. )
The Board o =;.ppeals discussed the sketch appearing or. the
Southold. T.bwn Board of Appeals' -5 September' 1.77 1959
back of the building, permit application and the photogrs.phs
appearing in the•.file, takcsn by Mr., Gillispie and 'M.r. , Rosenberg
Oil ,Se,pte'mber 117 1959. Sketch No, 1 .is of the motel building in
question looking east. Sketch No. 2 .:is 'of., ;the Hass cottages .and
motel looking nor thwe.s terly..: > -
MR. ROSE;1MRG: The vacant property- to the`.we.st is in the
process of being turned int•o...� business zone. .
Re;solutior was offered- by Mr. Grigonis , seconded' by Mr.
Rosenberg and. carried, WIT-RE AS anplic�.tion of Helmut Hass having
been considered. at Rabli.c He'a.rino' No. '218 on Sgpteltber 17 --959'
and the. Board finding it is not in the public. in-twest to further
decrease the 'front .yard setback concerning motels, particularly'
-cahen ' this use is' across the way from the Southold .'Town Beach where
there, is heavy traffic in the summer time. . In addition .we believe
that decreasing the front yard setback would perhaps kinder the
construction. of the proposed nee:+ highway. Granting -this variance
would- -also affect property bounded east and test of the .motel units '
there be it
P, SOZI> that application bo denied. ,
Vote of theBord r . Ayes;- Mr. Gi11i spie`, N . ..Berger_, irs,
Rosenberg and Mr. Grigonis,.
ti ith reference 'to the denial of appeal Pl.o. 218, a 'letter
'was forjvarded to the Southold. Toin,,n Board requesting that the
building: perriiit fee of $5.00 . on Multiple Residence ..Permit appl -� ,
cation No'. 133 dated Seater 1ber 3 , 1959, be returned to- 1Ir. Hel riiat
Hass,.
The .Boa?°.d 'a appeals ppea1, No.; 213 , .a pplication
of Joseph R ccardi Construc-ti oil Corp. , a/c' Thomas S'zala request = :.
ing c
a variance, due .to lack of access. Mr. Terry, and .Mr Rosenberg
reported to the 'Board that the' acees;s is now acceptable sinoe 'the
right�of- way has been bulldozed to a satisfactory condition. .
ppeal T3o. .?13 was continuedfrom August 27' 1959.
'Resolution was -offeied by Pairs Bergen, seconded, .by Mr*
Grigor!is and .carried, 'WIT_ 'applic.ation :o :Joseph,,R-i ce'a.r.di
'Cos -Corp. , having been considered at P'ilic Hearing No.
213 on AUgust 27; 1959, and -continued to September :17, 19591
and theBoarcl finding. that strict application of- the- Ordinance,
-T,iould produce- undue hardship because applir-ant would be unable
t'6 construct dwelling' for which he has a.lre.ady. invested time and
money for plans y surveys and contracting a builder. Tlie situation
Soiathold To:tini. Board of ,Appeals -6- Septerlbex' 17, 19 9
is unique. and would not be shared by all properties alike in
the immediate vicinity because other houses on right-of-way :
have .had satisfactory .access for quite a while. The public ,
convenience and welfare- and justice will be substantially 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 applicant, intends 'erecting 'a one-family resid-.
ential dwelling in keeping with other houses in the:'area, 'there-,' ' .
fore be it
R�,SOLVED that the application,.be granted .as applied for.
Vote'. of the Board: Ayes:.-, Mr. Gillispie, , Mr. Bergen
I,s. Rosenberg, and Mrs. - Grigoni.s.s
A letter was ordered. forwarded to Mr. Thomas Szala advising
that the appeal of Joseph Ric;c4.r_di Construction Corporation for
right of access to Mr. S zalazs- lot at Private -L obad, south side
Bay View Road Bay View, S eu thold j New York has been 'g ranted by
the Boara of ppeals and his .building permit No o Z 786 has. been
forwarded to Riccardi Construction Corp.
The minutes of the meetinj 'of September. 109 .19592 .on motion
of Mr' Rosenberg , seconded by Mr. Grigonis and carried, were.
appro-ired as submitted.
'Vote of the .Board: . Ayesm-. Mr. . Gillispie, Yx. Bergen, y1ro'
Rosenberg., and Mr. Grigonis..
By resolution offered by.Mr. .Bergen, seconded by Mr. Rosenberg
and carried,- 7:30J.-M. (F,.D-.S.T.), Thursday, October. 1, 1959, at
the Tos:Tn Clerk's Office,, T6ain -RoU_, -Southold, New York was set .as
time and place-for hearing upon ,application of Alfred Goldsmith,
a/c. Alpert Fordham, Bay 'View. Av'enue,, Summer Haven, Greenport,, New '
York, for a .-variance in accordance .with the ' 'Zoning Ordinance,,
Article III, Section 300, - Subsection, 7 for perm.i ssion to locate
private , garage with reduced setback. Location of propertyy .west
side Bay View Avenue , Tots No. :1.9 and, 2.0; Summer Haven Subdivision,
Greenport., New York.
Vote of .the .Board: Ayes Mr. Gillispie, M.r. Bergen, Mr,.
Rosenberg, and ,DtL. Grigonis ' k
On motion of .Mr. Rosenberg, seconded by„Kr. Grigonis and
.carried? ThUT' sday, October. 1; : 1959, .7=45':P.1,1 (E.D.S.T.) , at the
Southold Toti-m Board of Appeals —7— -September l7, 1979
Town Clerk Office, Main Rbad, Southold, NewYork., was set for
hearing upon application of-,.Alfred Goldsmitli a/c Dr. -John Whi.tter,
North View Drive , (private road) , Orient, New York, for ' a. variance
'due to, lack..of access in accordance with ,State of New, York Tom-
Lai,,,, section 280A. Location of.-property, North View Drive,
;private: road) , Brcwnis Hill;S Instates , bolinded..-north by long
Island Sound, east by-G. L: Young, 'south by North.. View' Drive,
and west by. Brown's Hills :states,
Vote of the Board: Ayes Mr.. .,Gillispie,' Mr. :-Bergen, Mr,
Rosenberg., and 14r. Grigon,i.s
By resolution offered. by Kr. '2Gri gonis , seconded by Yx.
Bergen and carried the Board of.. -Appeals set 7:5�, P-.M. (B..D.S..T..) s
Thursday, October 1, 1959, To. Clem.t s Office.., Mai n Road,
Southold, New York for hearing upon•. "application of Robert Hyatt,,
a/c Anne MacKay .and Carole .Losee,- gputhVJ.ew Drive- (private road) ,
Orient, New York, for .a. var.i anc'e. due to: lack ofaccess in accord-
ance with State of New York Town Ladd, ecti oxi 28011. T,ocatiob. of
property, -Saiith .Va.ew Dr�..ve (private road)i 'Brb%�mt.s Hills ;states.,
Orient,, New York, , bounded north by South View Drive, east by
Rohloff, south' by Lroskoski.' ..and west .by Johnson.
Vote ,of,'"-the 'Board: Ayes :- Mr. Gillis pie, Mr. Bergen,, Mr.
Rosenberg, and Mr. Grigonis:.
Won motion .of Mr. Bergen seconded by Rosenberg and
carried , it was Resolved. that :00 P.M.. 91a.D.,S.,T.) � Thursday,
October 12 1959, Toim Clerkts Of,rice, Main P6o d9 Southold , New
York, ,be set.. for "hearing upon application of ivory R Tuthill
Oak .Drive, Cutchogue, New York, for a variance, due to lack of
access, in , accordance with State of New Yo2:k.'Town. Law, Section
980A Location of property: ; priva to r. oad, Map ,of Wilson Tuth_i ll,
CUtcho'ue, New York- bounded north by Wilson Tuthill, east by
Wilson Tuthil'i.,' south by Wilson Tuthill, a:n.d ,west by Eugene Creek.
Vote of the Board: Ayes:- Mr. Gillispie , PJlr: Bergen, Mi '
Rosenberg, and Mr. Grigon.is .
It was further RF130-rVEID that legal notice of :hearing 'be
nublisned in the off i'cia.l •newspaper on date of-,September 251
1959�
Vote .of the Board.: Ayes:-. Mr.: Gillispie,. Mr. Bergen, Mr.
Rosenberg, and NL°. Grigonis.'., ,
The net meeting- of the .STouthold To�,m Board of. Appeals will
be held "September 21- ' 1959-, "7 30 P'.'M.,. .at the Town Clerkts. Office. .
Main Road, Southold ' New York.,.
ternber 1-7) 1959
Tovin Board of &ppeals 8)- Se p
The Board of Appeals then discussed the matter oJ7' '1.I--)-e budget
for the co-wing fiscal year to be presented to the Tol,%m SuPervisor.
r. onsideration it was estii-mted the expenses and
Afte-v.- exi-le-nde C
wc,-Li1d. be ,-is follows '.
ANI\M.AT, ESTPUA= SUBMITTED BY BOARTO OF &PPEADS
TO tiZJ OF SOUTHOID
FOR FJSCI�7L. YEAR BEGTIZIING JA_NU.A_RY 1, 1960
Secreta-c'ial ,:;sistance at public hearilncgs, 500"00
Stationery, fors, printing, and postage 3 50,,00
T,egal size Fi-ling Cabinet .1-75-00
I,_Ibrary and .Subscription. to Zoning Bulletin 64.00
11r 29000,00
J -1vertis,ing of legal notices
Travel_. expenses divided as follows
I., L,stimated expenses for three members of Board
a.t.(,endance, at A.ssociation of Towns -meeting in
New York in February. 275.00
2. Estimated expense of T7D,. 1Joyen5 Board member
from Fis-hors Islands for attendance atBoard
meetinc-'s in Southold, Now York, 300-00
3 . Estimated t-2avel expense of Bo r I to Fi shers
Is land 125.00
Total Trave Expense . . . . . . . 8001,100
,
Reimbursement of Board of Appeals 1810,,00 of -,which
is i-eimmeration to the Chairman and the balance represent- s 50.00
ing 1`150.00 to each of the other members of the 'Board,
Total estimated expense of the Board 72735..00
Total estimated income from appeal_a s, I 500,,nn
ppTicati.on
- ense ')3 0
T'stimated !,let Ez,_p
A separate 'Let-ter was forwarded. to Mir. 10_ipP, SUP(-,rvisor, Town
o f 'o 11 -1 opinion of t(lie Bo�_)Lrd_
, f_1 -d- hold I statinc, taint it is the i-,_qaiimous
of Appe,13 that an inc�.rease i_-n the annual reimbmrsemnent of I.-L 's .
4 It of �;')5 -10 pe
Judi-1--.h Bo!,Cen _.Ln the amol)r 0.C r year is desirable and
i,.fell deserved.
IvIre e ting adjourned at 9:20 P.M.
APPROVED
RespectfftLlly submit-lGed.)
ol�en, S
u ecretary
7ditlh T. B '
Chan ar i PP a