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HomeMy WebLinkAboutZBA-01/07/1960 ~PPE^L BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Ser~3e Doyen, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 MINUTES Southold Town Board of Appeals 3anUary 7, 1960 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursdays January 7, 1960, at the Town Clerk Office, Main Roads Southold, New York. There were present: Messrs. Robert W. Giltispie, Jr., Chairman, Robert Bergen, Herbert Rosenberg, and Charles. Grigonis, Also present: Mr. Howard M. Terry, Building Inspector. Absent: Mr. Serge Doyen, Jr. Mr. Ralph Glover, Main Road, Southolds New York appeared before the Board for an informal discussion. Mr. Glover owns a parcel of land, approximately 200 ft. by 460 ft., on North Sea Drive, Southold, New York, and wishes to divide this prop- erty into six lots. There is presently a bungalow existing on one of the proposed lots. Each of the lots when dividied will contain well over 12,500 sq. ft. There is a total of 88,994 sq. ft. in the entire parcel. NL~. Glover purchased this property in about 1947 with the intention of dividing it into lots and selling same. He had at one time contemplated building duplexes, but had abandoned the idea. NLr. Glover now wishes to know if the Bpard of Appeals would approve access to the center lot on the west and the two'lots in the Southold Town Board of Appeals -2- January 7, 1960 rear as shown on a sketch drawn by Mr. Glover which appears in the file. After considerable discussion and consideration, Mr. Giover was advised that the Board of Appeals has no juris- diction in the matter as they previously established that they would approve access to only two'or three lots and since Ntt. Glover has six lots in this proposed development the matter should be taken up with the Town Board and Plan- ning Board for approval as an Open Development Area. Mr. Joseph F. Wallace appeared'before the Board for an informal discussion. Mr. Wallace, proprietor of the Wallace Furniture Store on the south side of Main Street, Southold, New York, had a wall sign erected on the front of his store by Mr. Sherrill Pemberton. This wall sign is 4 ft. in excess of the maximum 12 ft. length permitted under the Zoning Ordinance for a sign of this type. Wallace also erected the s~g9 without applying for a permit. He stated that he knew the sign must be no more than ft. so he had it made longer than 12 ft. but narrower than the maximum so that he might accomodate the necessary word- ing. He did not know he was required to file for a permit since he was just moving from one location to another. The Board advised Mr. Wallace'that he had no other alternative than to apply for a special exception, although they did not know at this time if it would be granted. Mr. Walter Bondarchuk, Wiggins Street, Greenport, came before the Board of Appeals for an informal discussion. Mr. Bon~archuk was under the impression that the Board had given permission to Mr. and Mrs. Manuel Gloria to clear a road through from Ninth Street to Seventh Street in the Greenport Driving Park. However, Mr. Bondarchuk claims ownership to the portion of the proposed road which is in front of his lots facing on this proposed road. Many years ago this road was turned over to the Town of Southold but had never been accepted by the Town because there was not a 50 ft. width all the way through between the two streets. When the Town did not accept the road Mr. Bondarchuk began using the portion in front of his lots and since then claims owner- ship. M~. Bondarchuk was advised by the Board that they believe since the Town did not accept this road ownership reverts back to the original owner at the time it was given to the Town. They also stated that there has been no permit issued to Mr. or Mrs. Gloria by this Board, regardless of ~what Mr' Bondarchuk has heard. The Board can only grant ~ccess over a cleared passable road. Southold Town Board of Appeals -3- January 7, 1960 ~r. Kenneth Schold, Southold, New York, also appeared before the Board of Appeals for an informal discussion. Mr. Schold stated he represents Pinecrest Dunes, a boys cam p on the north side of Sound View Avenue, Sputhold, New York. He. stated that he had received a violation from the Building Inspector for constructing a new dwelling, to be used as a dormitory and recreation room, without a building permit and in violation of Section 202 of the Building Zone Ordinance which states: "No building shall be erected, altered or used, and no premises shall be used for other than a purpose per- mitred in the zone in which such building or premises is located." Ntt. Schold has demolished five of the existing dormitory buildings and is replacing them with only this one building which is of the best permanent construction ana will enhance the camp. The Board advised lit. Schold that he should apply for a variance to the Zoning Ordinance under Section 202 and also for recognition of access under Section 280A of the Town Law. On motion of Mr. Gillispie, seconded by Mr. Bergen, and carried, the Board of Appeals set 7:30 P.M., Thursday, January 21, 1960, Town Clerk Office, Main Road, Southold, New York as time and place for hearing upon application of 3oseph Fo Wallace, a/c Wallace Furniture store, Main Street, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Sub- section B, for permission to erect and maintain an advertising wall sign on the front of the Wallace Furniture Store, Main Street, Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, NLr. Rosenberg, and Mr. Grigonis. Resolution was offered by lit. Rosenberg, seconded by NLr. Bergen, and carried, setting 7:45 P.M., Thursday, January 21, 1960, Town Clerk Office, Main Road, Southold, New York as time and place for hearing upon application of Kenneth N. Schold, a/c Pinecrest Dunes Camp, north side Sound View Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article II, Section 202, for permission to replace a camp building.at the Pine- crest Dunes Camp, Sound View Avenue, S0uthold, New York. Permission is also requested for recognition of access in accordance with State of New York Town Law Section 280A. Vote of the Board: Ayes:: lit- Giilispie, Mr, Bergen, NLr. Rosenberg, and Mr. Grigonis. It was further RESOLVED that legal notice of hearing be published in the official newspaper under date of 3anuary 15, 1960. Southold Town Board of Appeals -4- January 7, 1960 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, R~senberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 248 - Upon application of West End Land Company!.Madeline Road, Fishers Island, New York, for a variance mn accordance with the Zoning Ordinance, Article III, Section 303, for permission to reduce frontage and use as a single lot property located on the north side of Madeline Road, Fishers Island, New York, bounded north by H. Zabohonski, east by Go Griffin, south by Madeline Road, and west by other lands of the applicant. Fee paid $15.00. 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 attest- ing to its publication in the official newspaper. THE CHAI~N: I have been advised by our counsel, after conference with Mr. Rosenber9, this application should be amended to include Section 1000A. This amendment will not change the subject of the legal notice. On motion of Mr. Gillispie, seconded by Mr. Grigonis and carried, the application was amended to include Section 1000A. It is the o~inion of the Board this amendment will not change the sense of the application. THE CHAIRNb~N: Is there anyone present who wishes speak for this application? .(The Board examined t~e sketch appeared in the file.) THE (]~AIRMAN: As I understand this, their attorney advised them to get a variance? Nd{° TERRY: That is right, their attorney stated they should get a variance on this. THE CHAIRNNkN: Is there anyone present who wishes to speak against this application? Are there any further questions anyone would like to ~ask? (There was no response.) Resolution was offered by Mr. Gillispie, seconded by Mr. Rosenberg, and carried, WHEREAS~ application of Wes% End Land Company, having been considered at Public Hearing No. 248 on January 7, 1960, and theBoard finding that the strict application of the Ordinance would prOduce undue hardship because tor%fqhir~00 ft. frontage would establish Southold Town Board of Appeals -5- January 7, 1960 a line within 25 ft. of an existing cottage aha the land just west of this cottage is a swamp. The situation is unique and would not be shared by all properties alike in the immediate vicinity because all adjacent property to the east andnorth has established boundary lines and will in no way be affected by this variance. The public convenience and welfare and justice will be served and the legally estab- lished 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 the use of the property will continue as residential, and the size of the lot will still be greater in area than several other lots in the area, therefore, be it RESOLVED that the application be granted as applied for. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The minutes of the meeting of December 23, 1959, on motion of Mr. Grigonis, seconaed by Mr. Rosenberg, and carried, were approved as submitted. Vote of the Board: Ayes:-m Mr. Gillispie, Mr. Bergen, Rosenberg, and Mr. Gri§onis. The Board received a letter from William Wickham, Hsq., on behalf of Fred Bornnauser. Mr. Bornhauser has contracted to purchase a parcel of land from Stanley Case. (A map of the property in question was attached.to the letter.) Nkr. Wickham wished to Oe advised whether the Boaru of Appeals would approv~ the division of this piece oz property out of a larger parcel owned by Stanley Case. After considerable'discussion ant con- si~eration the Board advised the Secretary to ~r~ard a letter to Mr. Wickham advising that it is the Board's opinion that no variance is required to sell this lot providing it complies with Article III, Section 303 of the Southold Town Building Zone Ordinance relating to the size of lot area and to Section 1000A, Article'X, relating to a portion sold, divided, or set off. It will be necessary for him to comply with Section 280A of the Town Law concerning recognition of access if Short Road is not a Town road. Southold Town Board of Appeals -6- January 7, 1960 The next meeting of the Southold Town Board of Appeals will be held Thursday, 3anuary 21, 1960, 7:30 P.M., at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 10:50 ResPectfully submitted, Judith T. Boken Secretary