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HomeMy WebLinkAboutZBA-12/15/1960Sou hold Town Board of 4ppeals SOUTHOLD, L. I., N. Y. Telephone SO 5-26(~0 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Ch~irm~n Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS December 15, 1960 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, December 15, 1960 at the Town Clerk Office, Main Road, Southold~ New York. There were present: Messrs. Robert W. Gillispie, Jr.~ Chairman, Robert Bergen~ and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr.~ and Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 334 - 7:30 P.M. (E.S.T.), upon applicat/nn of Goldsmith Brothers~ Southold, New York, a/c David McConnell,.Bay View Road, Southold, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to build private garage with reduced setback. Location of property: south side Bay View Road, Southold, New York., bounded north by Bay View Road~ east by Psul Miller,. south by other land of D. McConnell, and west by private road. Fee paid $15.00. The Chairman opened the hearing by reading notice of dis- approval issued by the Building Inspector, application for a Southold Town Board of Appeals -2- December 15, 1960 variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN~ Is there anyone present who wishes to speak for this application? MR. ALFRED GOLDSMITH, Southold~ New York; We have already put the foundation up and I had no idea the 50 ft. setback from the private road was required. I knew it was required to be 50 ft. from Bay View Road. We tried to center the garage with the center of the back of the house. THE CHAIRMAN: There is no question about itbeing in the rear yard area. MR. GOLDSMITH: Mr. McConnell owns the property behind the house also. THE CHAIRMANs property is 55 ft. road. There is a note in the file stating that the on Bay View Road and 300 ft. on the private How private is that road? MR. GOLDSMITHs There are roads that go down into that neighborhood. There are about seven houses down the road. They either use this private road or the other one that goes down,at way. T~E CHAIRMAN~ Where will the garage door be located? MP~ GOLDSMITHs Facing the house. He comes in off the private road and then makes a turn into the garage. THE CHAIRMAN~ Is there anyone else present who washes to speak for this application? (There was no response.) T~E CHAIRMAN= Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -3- December 15, 1960 Resolution was offered by F~r. Bergen, seconded by Mr. Rosenberg, and carried, W~EREAS application of Goldsmith Bros., a/c David McConnell, having been considered at Public Hearing No. 334 on December 15, 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because it would be impossible for applicant to maintain a 50 ft. setback which is required f~ a detached garage, because this is a corner lot and the width of the lot is 55 ft. 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 because this is the narrowest lot in the entire area and a corner lot established prior to the enactment of the Zoning ordinance. The variance does observe the spirit of the Ordinance and would not change the character of the district because the garage will be located in the middle of the rear yard area of this 50 ft. lot, therefore be it RESOLVED that Goldsmith Bros., a/c David McConnell be granted permissicm to locate private garage with reduced setback. The Board is of the opinion this is the best location on the lot that can be found for this garage. Vote of the Beard: Ayesz- Mr. Gillispie~ Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARI/{G~ Appeal No. 335 - 7~45 P.~ (E.S.T.), upon application of Suffolk Outdoor Advertising Company, Inc., Box 624, Greenport, New York~ for a special exception in accordance with the Zoning ordinance, Article III, Section 300, Subsection 11, for permission to erect and maintain a con~nercial advertising sign on the property of Ernest C. Tuthill, south side Middle Road (Route 27A), Mattituck, New York~ bounded north by Middle Read (Route 27A), east by other ]amd of E. C. Tuthlll, south by Railroad and west by J, C. Tuthlll. Fee paid $15,00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- lng to its publication in the official newspaper. Letter of permission f~0m the property oNner, Ernest C. Tuthill was read and a letter from suffolk Outdoor Advertising Co., Inc. requesting a postponement of the hearing because they are unable to attend Southold Town Board of Appeals -4- December 15, 1960 the hearing on this date. THE CHA/~RANs Is there anyone present who wishes to speak for this application? (There was no response. ) T~E CHAIRMANs Is there anyone present whowishes to speak against this application? ( There was no response. ) On motion of Mr. Bergen, seconded by Mr. Rosenuberg, and carried, it was RESOLVED that hearing upon application No. 335 be recessed tentatively until 8s30 P.M., Thursday, January 5, 1960. It was further RESOLVED that a letter beforwarded to Suffolk Outdoor Advertising Co., Inc. notifying them of this new date. Vote of the Boards Ayess- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The minutes of the meeting of December 1, 1960, on motion of Mr. Rosenberg, seconded by Mr. Bergen, and carried, were approved as submitted. Vote of the Board~ Ayes~- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The minutes of the meeting of December 5, 1960, on motion of Mr. Bergen, seconded by Mr. Rosenberg, and carried, were approved as submitted. Vote of the Boards Ayes~- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Mr. Joe Mitchell, Cutchogue, New York, appearedbeforethe Board of Appeals for an informal discussion. Mr. Mitchell wishes to build a new home on the corner of Stillwater and Track Avenue, Cutchogue. His lot size ~ 100 ft. by 150 ft. He wishes to face Southold Town Board of Appeals December 15, 1960 the house with attached garage on Stillwater Avenue and that does not give him enough room for the garage. The Board advised that they would go to Cutchogue on Saturday, December 17th to investiga~e the situation. PUBLIC P~IING: Appeal No. 336 - 8:45 P.M. (E.S.T.), upon application of Mattituck Docks, Inc., Rudolph Kammerer, Manager, Naugles Drive, Mattituck, New York, and Jean Fenmore, Naugles Drive, Mattituck, New ¥o~, for a variance in accordance with the Zoning Ordinance, ArticleV, Section 504, for permission to reduce frontage in "C" Industrial District. Location of prop- erty: north side Naugles Drive~ Mattituck, New York, bounded north by other land of Mattituck Docks, Inc., east by Aycardi, south by Naugles Drive, and west by Jean Fenmore, Fee paid $15.00. The Chairman opened the hearing by reading notice of dis- approval issued by the building inspector, application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: There is another section of the Ordinance which should be included in your application because you are reducing frontage. Article X, Section 1000A must be included to make your application legally correct. Article X, Section 1000A prevents anyone from dividing property and having the remaining portion undersized. Does this have your approval, Mr. Kammerer? MR. KAMMERER: Yes, it is for our own benefit, On motion of Mr, Gillispie, seconded by Mr. Rosenberg, and carried, it was RESOLVED that the application No. 336, Mattituck Docks and Jean Fenmore, be amended to include Article X, Section 1000A. Vote of the Board: Ayes:- Mr, Gillispie, Mr. Bergen, and Rosenberg. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. KAMMERER: I wish to install a $12,000 scale on the troperty I am now leasing, as described in the application, and Southold Town Board of Appeals -6- Decmeber 15, 1960 I do not want to install it on rented property or on a right-- of-way. The scale will be 50 ft. long. If we purchase this 30 ft, piece of property, Mr~ Fenmore will be left with 50 ft. frontage on Naugles Drive. We are actually adding to the property we formerly purchased from Fenmore in the rear of this parcel in question, TP~ CHAIRMAN: Is there anyone else 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.) Resolution was offered by Mr. Bergen., seconded by Mr. Rosenberg~ and carried, WHE~S applica~ion-.of Mattituck Docks, Inc., Rudolph Kammerer~ Manager, and Jean Fenmore, having been considered at Public Hearing No. 336 on December 15, 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because the only access available to this property of seN~ral acres in the rear is by this 30 ft. right-of- way presently owned by Mrs. F~nmore and to deny the purchase of this existing right-of-waYwould be an undue hardship. The situation is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district because parcel in the rear owned by Mattituck Docks, Inc. does not have access to Naugles Drive and this variance would make a 30 ft. right-of-way possible, The variance ~es observe the spirit of the Ordinance and.would not change the character of the district because applicant has been renting this property and wishes to purchase same and erect a scale and use the property as a right0f-way to Naugles Drive~ therefore be it RESOLVED that Mattituck Docks, Inc., and Jean Fenmore be granted permission to reduce frontage on "C" Industrial. District property located on the north side of Naugles Drive~ Mattituck, New York. The proposed purchase will not change the use of the property. The property will be used substantially the same way it has been in the past. The proposed scale will be located 50 ft. back from the front lot line. Vote of the Board: Mr. RoseD_berg. Ayes: - Mr. Gillispie, Mr. Bergen., AND Southold Town Board of Appeals December 15~ 1960 Fir, Donald Frederick, Southold, appeared before the Board of Appeals for an informal discussion relative to appeal for a variance to the Zoning Ordinance he made on behalf of Arthur Ueland~. and which was denied. Mr. Frederick presented a letter from Mr. Ueland requesting consideration by the Board in granting the appeal and a letter from Mr. Baker, a neighbor of the Uelands on Sound View Avenue, stating that he is in favor of the variance. Mr. Frederick wished to know what the difficulty was in granting this variance and the Chairman readLthe minutes and action of the Board to Mr, Frederick. On motion of Mr. Gillispie~ seconded by Mr. Bergen, and carried, the Board of Appeals set 7:30 P.M~ (E.S.T.), Thursday, January 5, 1960~ Town Clerk Office, Main Rc~d, Southold, New York~ as time and place for hearing upon application of Go. W. Smith & Sons~ Inc., Southold, New York~ a/c Chester Jordan for a special exception in accordance with the Zoning Ordinance, Article III~ Section 306~ for permission to reduce front yard setback on a corner lot. Location of property: south side Pine Neck Road, and east side Oakwood Drive~: Southold, New York~ bounded north by Pine Neck Road~ east by Lucy Leight, south by Southold Development Corporation~ and west by Oakwood Drive. Vote of the Board: Mr. Rosenberg. Ayes:- Mr.. Gillispie, Mr. Bergen~ and It was further RESOLVED that legal notice of hearing be published in the official newspaper u/~der date of December 29, 1960. Vote of the Board: Mr. Rosenberg. Ayes:- Mr. Gillispie~ Mr. Bergen, and The next meeting of the Southold Town Board of Appeals will be held 7~30 P.M.,. Thursday, January 5, 1960 at the Town Clerk Office, Main Rs d, Southold, New York. Meeting adjourned at 10:00