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HomeMy WebLinkAboutZBA-10/16/1975$outhold Town Bo d of Appea s SnUTHOLD, L. I., N.Y. 119"71 Telephone 7~5-26~50 APPEAL BOARD MEMBER Robert "~'. Gillispi¢, Jr., Ch~irm~n Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals October 16, 1975 A regular meeting of the Southold Town.Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, October 16, 1975 at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr. Also present: Sherley Katz, Long Island Traveter-Mattituck Watchman; Bonnie Gordon, Suffolk Weekly Times; Mr. William Terry; Miss Peggy Hulse. PUBLIC HEARING: Appeal No. 2082 - 7:30 P.M. (E.D.S.T.) upon application of Howard E. an'd Marion A. Williams, 181 Greenwich Street, Hempstead, New York for a variance in accordance with the Zoning Ordinance, Article III,' Section 100-30 and Bulk Schedule for permission to construct addition on front of dwelling which will reduce front yard setback. Location of property: South side Shore Road, Greenport, New York, bounded on the north by Shore Road; east by L. Stevenson; south by Peconic Bay (Pipes Cove); west by R. Rengifo. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -2- October 16, 1975 THE CHAIRMAN: The proposed addition is 8 feet which would reduce the front yard setback to 30 feet. Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) MR. FRED HULSE: I told Mr. Williams that it would Rot be necessary for him to drive out here for the hearing. After investig~ation and inspection the Board finds that applicant requests permission to construct addition on front of dwelling which will reduce front yard setback. The property is located on the south side of Shore Road, Greenport, New York. The findings of the Board are that this is a reasonable application as many of the houses on this street have less setback than that which applicant requests. The Board agrees with the reasoning of the applicant. The Board f~nds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion iby Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Howard E. and Marion A. Williams, 181 Greenwich Street, Hempstead, N. Y. be GRANTED permission to construct addition on front of dwelling which will reduce front yard setback from 38 feet to 30 feet, on the south side of Shore Road, Greenport, 'New York, as applied for. Subject to Suffolk County Planning Ccmumission approval. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -3- October 16, 1975 PUBLIC HEARING: Appeal No. 2083 - 7:45 P.M. (E.D.S.T.) upon application of Ida May Hutton, 1500 Leeton Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: North side Leeton Drive, Southold, bounded on the north by L. I. Sound, east by G. Marchese; south by Leeton Drive; west by R. White. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch by Van Tuyl indicating that the proposed shed is to be located approximately three feet from the westerly boundary line. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct accessory building in front yard area of property located on the north side of Leeton Drive, Southold, New York. The findings of the Board are that because of the beach and Sound frontage there is no room to locate an accessory building in the rear yard area adjacent to the Sound. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be Shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was Southold T own Board of Appeals -4- October 16, 1975 RESOLVED, Ida May Hutton, 15.00 Leeton Drive, Southold, New York be GRANTED permission to construct accessory building in front yard area on the north side of Leeton Drive, Southold, New York, as applied for. Subject to approval of the Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated September 25, 1975 be approved as submitted, subject to minor correction, and correction of description of division of property. The correct description reads as follows~ as it concerns Appeal No. 2076, Earl D. & Margaret N. Templeton: "The Board agrees to grant permission to applicant to divide lot using an easterly dimension of 250 feet. Starting at the northeast corner of the property running southerly 250 feet, then westerly at right angles intersecting the westerly line of property, then northerly to the northwest corner of the property, then 108.08 feet along Peconic Bay Boulevard, to point of beginning. The right of way to belong to the~new lot fronting on Peconic Bay Boulevard." Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2084 - 7:~55 P.M. ~E.D.S.T.) upon application of Shirley Wexler, Beach Court, Gardiners Bay Estates, East Marion, New York for a variance in accord- ance with the Zoninq Ordinance, Article III, Section 100-32 for permission to maintain accessory tower of over 18 feet in height. Location of property: South side Beach Court (Private Road), East Marion, New York, Map of Gardiners Bay Estates, Lots 161-166. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -5- October 16, 1975 THE CHAIRMAN: The application is accompanied by a sketch showing the lots that comprise this property and also a Notice of Disapproval from the Building Inspector stating that the reason for disapproval is that the H~er is over 18 feet in height. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. SHIRLEY WEXLER: I am here to speak for it. The tower is used for recreational purposes for TV and Radio and also to assist people in distress. THE CHAIRMAN: Do you know the height of the tower? MR. THOMAS APREA: It's about 75' or 80'. MRS. WEXLER: With or without the tower, Tommy is a part of the water syndrome both here and in Florida. We are on broad water and have been able to render a great deal of assistance to people in distress. THE CHAIRMAN: I know a little bit about that. MRS. WEXLER: We rescued your niece and some other young people. We saw them foundering.., we were sitting having breakfast.., it is broad water.., they had a little boat. There were ten boats around them and nobody stopped. We were the furthest away but Tommy was able to get to them and bring them in. We poured brandy down their throats and dried their clothes.., that's part of it. Most of the people around here are Sunday fisherman. Tommy has grown up on the water all his life. THE CHAIRMAN: From where you are you can see everything... Orient Harbor, Greenport. A lot of people who go out on the water are completely inexperienced. MRS. WEXLER: They don't know the rules of the sea. We pick up calls. We have been involved in several rescues where maydays were picked up. This is Tommy's license. The address is an Florida but he is allowed to have his bay station wherever he lives in the United States. MR. APREA: I monitor commercial channels too. THE CHAIRMAN: Who erected the tower? MRS.WEXLER: Southampton Electronics. THE CHAIRMAN: There are rules and regulations. Southold Town Board of Appeals -6- October 16, 1975 MRS. WEXLER: I did not know about Southold Town rules until this year. I had a very quick course. If the Southampton people said it was okay to put up a tower I assumed it was okay to do it. MH. APREA: On the tower there are two levels. We get good reception. We tried to get Cablevision but they would not bring it in. It's not any higher than anyone has on the Sound. THE CHAIRMAN: The only thing that bothers me is... if it falls, where does it fall? MR. APREA: It falls on our property. You would have to sse it. THE CHAIRMAN: We saw it. MR. APREA: If it should fall it would never reach the house. Nobody would lose a house, there is a vacant lot there. THE CHAIRMAN: How many rescues have you effected? MRS. WEXLER: About ten a year. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to maintain accessory tower of over 18 feet in height on the south side of Beach Court (Private Road), East Marion, New York. The Board finds that applicant has picked up distress calls on the radio and that there have been many rescues effected because of the presence of the tower. The Board agrees with the reasoning of the applicant and compliments the applicant for a life-saving service. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board O~ Appeals -7- October 16, 1975 On motion b.y Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Shirley Wexler, Beach Court, Gardiners Bay Estates, Lots 161-166, be GRANTED permission to maintain accessory tower of over 18 feet in height located on the south side of Beach Court (Private Road), East Marion, New York, Map of Hardiners Bay'Estates, Lots 161--166, as applied for. Subject to approval of The Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Grigonis, Hulse. HUBLIC HEARING: Appeal No. 2085 - 8:10 P.M. (E.D.S.T.) upon application of Herbert and Catharine Lindtveit, 634 Adams Place, West Hempstead, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road No. 2, south side Bay View Road, Southold, bounded on the north by H. Isles; east by Corey Creek; south by C. Burst; west by Private Road No. 12. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing; affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch indicating that the house is close to Corey Creek and the access is over a private road which measures 65 feet and is the width of the lot to the north which borders on Private Road No. 12. The property has a depth of 143 feet on the easterly side, 160 feet on the westerly side, and approximately 63 feet on Corey Creek. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HERBERT LINDTVEIT: I am the applicant. THE CHAIRMAN: This is a very eloquent presentation. I have never read an application that expresses the problem as well as this.., the problem of accessory buildings and legal front yards. MR. LINDTVEIT: People who own be~a~chfront property consider the side of the property that faces the wateD the front yard. The tide sometimes floods the rear yard. Accessory buildings on the water would block the view. Southold Town Board of Appeals -8- October 16, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct accessory building in front yard area on property located on the south side of Bay View Road, Southold. The findings of the Board are that this is a reasonable request because of the risk of flooding of %he rear yard. The Board agrees with the reasoning of the applicant and compliments the applicant on his eloquent presentation of the problems concerning people who own property on the water. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardshlp created ~s unique and would not be shared by all properties alike ~n the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Herbert and Catkarine Lindtveit, 634 Adams Place, West Hempstead, New York be GRANTED permission to construct accessory building in front yard area of property located on the south side of Bay View Road, Southold, New York, as applied for. The accessory building to be located on the property as indicated on applicant's sketch (in file). Subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. There were three sign renewals reviewed and approved as submitted. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, November 6, 1975, at the Southold Town Board of Appeals -9- October 16, 1975 Town Office, Main Road, Southold, New York, as the next regular meeting of the Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.S.T.) November 6, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Albert W. Ric ~hmond a/c Mabel Richmond, Main Road and Skunk Lane, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property and set off garage on lot with insufficient area. Location of property: south side of Main Road, Cutchogue, bounded on the north by Main Road; east by Schaumann; south by Doroski; west by Skunk Lane. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, that the Southold Town Board of Appeals set 8:00 P.M. (E.~.T-.). , November 6, 1975, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Rita Schmidt and Doris Schimatz, 1355 Bay Avenue, East Marion, New York for a variance~in accordance with the Zoning Ordinance, Article III, Section 100-32 C for permission to maintain existing swimming pool in side yard area. Location of property: East side of Bay Avenue, East Marion, New York, bounded on the north by Schmidt; east by Marion Lake; south by Ruggerio; west by Bay Avenue. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -18-~~ October 16, 1975 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.S.T.), November 6, 1975, at the Town Office, Main Road, South61d, New York as the time and place of hearing upon application of Michael F. Colavito, 198 Derby Street, East Williston, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk, Ar~ and Parking Requirements for permission to maintain existing utility shed (attached to dwelling) which leaves less than 15 feet to property line. Location of property: South side Main Bayview Road, Southold, bounded on the north by Main Bay View Road ; east by Gazolla & Others; south by Corey Creek; west by Tremblay. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.S.T.), November 6, 1975, at the Town Office~ Main Road, Southold, New York as the time and place of hearing upon application of Harry and Lillian Baglivi,Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to alter property line. Location of property: Lots ~3 and ~2, Minor Subdivision ~10, east side of Wunneweta Road, Cutchogue, New York. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis, Hulse. On motion by'Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:40 P.M. (E.S.T.~, November 6, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Thomas N. Craig, 351 Birch Hill Road, LOCUSt Valley, N. Y. for a vamiance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to Southold Town Board of Appeals --I.~-~ October 16, 1975 construct accessory building in front yard area. Location of property: South side Corey Creek Road (Pvt. Rd. 14), bounded on the north by R.O.W.; on the east by W. Gless; south by Corey Creek; west by Dieffenbach. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. The meeting was adjourned at 9:00 P.M. APPROVED Robert W. Gillisple,Vjr Respectfully submitted, Marjofie McDermott, Secretary ., Chairman