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HomeMy WebLinkAboutZBA-09/22/1960Southold Town Board o£ Appeals SOUTHOLD, L. I., N. Y. Telephone $O 5-2660 APPEAL BOARD MEMBERS P~obert W. C~illispie, Jr., Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS September 22~.. 1960 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.F~, Thursday~ September 22, 1960 at the Town Clerk Office, Main Road~ Southold~ New York. There were present: Messrs, Robert W. Gillispie, Jr., Robert Bergen, Herbert Rosenberg~ and Charles Grigonis~ Jr. Absent: Mr. Serge Doyen, Jr. Also present: Mr. Howard Terry, Building Inspector. PUBLIC HEARING: Appeal No. 314 - 7:30 P.M. ~.D.S.T.)~. upon application of William Finn, 1901 N. Jerusalem Road~. East Meadow, New York~ for a variance in accordance with the Zoning Ordinance~ Article III, Section 303, and Article X~ Section 1000A, for permission to reduce frontage and divide property into two single lots. Location of property: north side Peconic Bay Boulevard, Laurel, New York, bounded north by G. I. Tuthill, east by Catholic Daughters of Americas south by Peconic Bay Boulevard, and west by E. J. Bellis. 'Fee paid $15.00. Southold Town Board of Appeals -2- September 22~ 1960 The Chairman opened the hearing by reading notice of dis- approval issued by the Building Inspector, appll~tion for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. T~E CHAIRMAN: Is there anyone present who wishes to speak for this ap~ication? MR. HOWARD TERRY~ Building Inspector: Mr. Finn was in two weeks ago and he is supposed to give his facts and figures to Bob Bergen to bring in. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) On motion of Mr~ Grigonis, seconded by Mr. Rosenberg~. and carried~, it was RESOLVED to recess this hearing until the arrival · of Mro Bergen. The Finn Appeal No. 314 was resumed u~on the arrival of Mr. Bergen. Mr. Bergen presented to the Board of Appeals a survey of the property for William James Finn., Laurel~ Town of Southoldl by Alden W. Young, P.E.~. Riverhead, New York. The Board examined the survey and expressed the opinion that it is the best division of the property into two single lots. THE CHAIRMAN: Is there anyone present who has any questions ? (There was no response.) Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen, and carriedaWHEREAS application of WilliamJ. Finn, having been considered at Public Hearing No. 314 on September 22~ 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because there is over 25~.000 sq. ft. in the combined front and rear lot and applicant is unable to divide the property exactly in half because of the existing garage. 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 it is one of Southold Town Board of Appeals -3- September 22, 1960 the few lots in the immediate vicinity that does not have two houses on it. If it were not for the existence of the private garage applicant would be able to divide the property into two lots to conform to the Ordinance. The variance does observe the spirit of the Ordinance and would not change the character of the district because it is con, non for property in that area to have two dwellings. The applicant intends to erect a residence on tht~ lot in keeping with the residences in the area, therefore be it RE~OL¥~U that Mr. William J. Finn is granted permission to reduce frontage and use as a single lot the following described propertyJ Parcel II on map of land surveyed for William J, Finn~ Laurel, New Yo~k, by Alden W. Young, on September 16, 1960~ Beginning at a peint 228.25 ft. northerly along land now or formerly of Edmond Bellis, from a monument set on the south- westerly corner of land of William Jo Finn, on the north side of Peconic Bay Boulevard; and running thence easterly 53.97 feet along other land of William J. Finn to land now or formerly of Roman Catholic Diocese of New York; thence northwesterly 2~2.46 feet along land now or formerly of Roman Catholic Diocese of New York to a monument set on the northeasterly corner of land of William J. Finn; thence southwesterly 60.69 feet along land now or formerly of Roman Catholic Diocese of New York to a monument set on the northwesterly~orner of land of William J. Finn~ thence running southeasterly 173.25 feet along land now or formerly of Edmond Bellis to point or place of beginning, Vote of the BoardJ Ayes~- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg. and Mr. Grigonis. The minutes of the meeting of September 8~ 1960, on motion of Mr. Rosenberg~ seconded by Mr. Grigonis, and carried~ were approved as submitted. Vote of the Board~ Ayes~- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals --4- September 22, 1960 PUBLIC ~R.%RING, Appeal No. 313 - 8200 P.M. (F~D.S.T.), upon application of Walter W. Washburn, Bay Avenue~ East Marion, New York, for recognition of access in accordance with State of New York~ Town Law~ Section 280Ae Location of property~ private right-of-way off the west side Bay Avenue~ East Marion~ New York~ bounded north by other land of Walter W. Washburn~ east by M. Krancher and others~ south by Marion Lake and Zlegler, ~nd west by Marion Lake. No fee for access. The Chairman opened the hearing by rea~otice 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, Is there anyone present who wishes to speak for this application? (There was no response.) T~ECHAIRMAN~ The m~p on the back of the buildingpermit application indicates that the Washburn property adjoins the Ziegler "M" District property where there are duplex cottages. The map also shows a 50 ft. right-of-way leading into the property. MP. TE~RY, Building Inspector, A 50 ft. right-of-way is reserved all the way from Bay Avenue to the Main Road for the future development of Mr. Washburn~s property. T~ C~IRMA/~ Is there anyone present who wishes to speak against this application? (There was no response.) Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen, and carried~ Wk~tEAS application of Walter W. Washburn having been considered at Public Hearing No. 313 on September 22~ 1960, and the Board finding that strict application of the Ordinance would produce undue hardahipbecause applicant will beU~ble to erect a dwelling on his property without approval of access to his property. The situation is unique and would not be shared by all properties alike in the ~m~ediate vicinity of this property and in the same use district because this this strip of land 50 ft. wide has been reserved for a right-of-way for access to interior land. The variance does observe the spirit of the Ordinance and would not change the character of Southold Town Board of Appeals -5- September 22, 1960 the district because this is a residential area and applicant propeses to erect a dwelling on this right of way in harmony with the neighborhood, therefore be it P. ESOLVED that WaSter W. Washburn be granted permission for access to his lot over 50 ft. right-of-way located on the west side of Bay Avenue, EaSt Marion~ PROVIDING said access receives final approval from the Building Inspector within 30 days from this date, September 22, 1960. Vote of the Boardz Ayes~- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Mr. Walter W. Washburn appeared before the Board of Appeals after the recognition of access had been granted, and supplied the following informationz The lot sizes in his proposed develop- ment will be approximately 100 ft. by 140 ft. The entire Washburn parcel is 1150 ft. from Marion Lake to the Brown Estate property~ which is north and south~ and approximately 140 ft. in width~ which is east and west. The access road will be 50 ft. on the south of the Washburn property as it enters Bay Avenue and will run 50 ft. in width in a "U" fashion and will be 75 ft. where it comes out on Bay Avenue which is the northerly end of the Washburn property. At the present time Mr. Howard Wells has cleared and prepared a right-of-way 30 ft. in width. PUBLIC HEAP~NG~ Appeal No. 312, 8,15 P.M. upon application of Costas Stars, Main Road, East Marion, New York, for a special exception in accordance with the Zoning Ordinance, Article X~ Section 1007, Subsection (e), for permission to exl~and a non-conforming use. Location of propertyz north side Route 25, East Marion, New York, bounded north by other land of Coatas 8tars, east by ~eorge Schroeder, south by Route 25, and west by Eldredge and Dzenkowskio Fee paid 5.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- ing to its ~ublication in the official newspaper. Southold Town Board of Appeals -6- September 22~ 1960 MR~ HO~%RD .£~iKRY~ Building Inspector~ Mr. Stars is having a 50 ft. right-of-way to the Sound prepared and he has to move some bungalows back and he ~Duld like to make an addition to one of the remaining bungalows which will cost more than the building is wo~:th. The other two buildings he will move back on to separate lots of 12,500 sq. ft. each, If he cuts the 50 ft. road through the widest part of his property will be 60 ft. on the rear. However the fro~t where the main residence is has a frontage of 75 ft. The entire depth of the property is approximately 260 ft. MR. ROSENBERG: How far is the house from the garage? MR. STARS, About 40 ft. MP~ ROSENBER~: ~t is 42 ft. by the tape. MR. TERRY: The main house setback is 75 ft. from the street MR. ROSEMBERG~ What is in the little house now? MR. STARS~ Two bedrooms, kitchen and bathroom. T~E CHAIRMAN~ The way this is working out it looks like there will be three residences on 18~000 sq. ft. Are you going to sell any of these buildings, Mr. Stars? M~- STARS: If someone wants to buy I will sell. THE CHAIRMAN: It would be my opinion that you should m~ve this house from where it is presently onto a lot of its own because there is not enough area here. MR. ROSENBE~G: The private road is not 10 ft. wide now. ' It is only a one track road. THE CHAIRMAN: Mr. Stars is asking to double the size of the present house and leave two of the houses on the property and the available area to each house is 6,000 sq. ft. which is half of the minimum area under the Zoning ordinance and I believe it would be very undesirable not only from the Board~ standpoint but from Mro Stars' standpoint also. The only thing we would be willing to consider is if you take the house off and put it on a lot of its own. MR. STARS: I don~t want to do that. Southold Town Board of Appeals -7- September 22, 1960' (~ne layout of the property was thoroughly discussed-) THE CJi: 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 byMr. Gillispie, seconded byMr. Rosenberg~ and carried~ W~UF2~S application of Coatas S~ars having been considered at Public Hearing No. 312 on September 22, 1960, and the Board finding that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjacent use districts would be substant/ally o~ permanently injured and the spirit of the Ordinance would~ observed, therefore be it RESOL¥~ that the application of Costas Stars for a special exception for permission to add two rooms on one of his non- conforming rental cabins be Denied. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. ~osenberg, and Mr. Grigonis. Mr. John McNult~, Jr.~ Laurel, N.Y. appeared before the Board of Appeals and presented an application for a variance on behalf of his father, John McNultyi Sr. Mr. McNulty explained that they have a piece of property on the Long Island Sound in Laurel which is 140 feet wide and have a prospect purchaser for 100 ft. and would like to keep 40 ft. which would be used as a right-of-way to the water for future purchasers of their property to the south. The Board stated that they could not grant a variance leaving 40 ft. The suggestion was ma~e, however, that a deed be made including the 40 ft. to the purchaser of the 100 ft. parcel making it specific in the deed that the right-of-way be kept as a permanent right-of-way for the use of property o~ers Southold Town Board of Appeals September 22, 1960 to the south. F~r.. McNulty withheld submitting the application for a variance to the Board until he could consult further with his father on this matter~ On motion of Mr. Bergen~ seconded by Mr. Grigonis~ and carried~ it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S.T.), Thursday, October 6, 1960, Town Clerk Office~ Main l~Road~ Southold~ New York, as time and place for hearing upon application of Fishers Island Farms, Inc., Oriental Avenue, Fishers Island, New York, a/c David R. Wilmerding, Oceanic Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III~. Section 300~ Subsection 7, for permission to erect an addition on private garage with reduced setback. Location .of i~roperty: northeasterly side Oceanic Avenue, Fishers Island, New York~ bounded north by Paquette,~ east by Oceanic Avenue, south by Gordon, and west by now or formerly of Williams. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Roser~berg, and Mr. Grigonis. It was further RESOLVED that legal notice of hearing be published in the officialnewspaper under date of September 29~ 1960 and in the New London Day on or about October 1, 1960. Vote of the Board: Ayes:- Mr. Gilltspie, Mr- Bergen~ Mr. Rosenberg, and Mr. Grigonis. Resolution was offered by Mr. Rosenberg~ seconded by Mr. Grigonis, and carried~ setting 7:30 P.M. (E.D.S,T.)~ Thursday, October 13,~ 1960~. Town Clerk Office~ Main Road, Southold, New ¥ork~ as time and place for hearing upon appliCation of Leon L. Munier, 50 Sutton Place South~ New York 22~.. New York, for a variance in accordance with the Zoning Ordinance Article III, Section 307, for permission to reduce westerly side yard on property located on the south side ~econic Bay Boulevard, Mattituck, New York, bounded north by Peconic Bay Boulevard, east by Alex Boag~ Jr. and Clark, south by Peconic Bay, and west by F. A. Sealey. Vote of the Board: Ayes~- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. It was further RESOLVED that legal notice of hearing be published in the official newspaper under date of October 6, 1960, Southold Town Board of Appeals September 22~ 1960 Vote of the Board: Ayes:- Mr. Gillispie, Mr, Bergen~ Mr. Rosenberg, and bLr~ Grigonis,. The Board of Appeals then discussed the matter of the Budget for the coming fiscal year to be presented to the Town Supervisor~ After extended consideration it was estimated that the expense's for the aoming year and income for the coming year would be as follows: ANNUAL ESTIMA~ SUBMITTED BY BOARD OF APPEALS TOWN OF SOUTHOLD FOR FISCAL YEAR BEGINNING JANUARY 1, 1961. Secretarial Assistance at p~blic hearings Stationery, form printing, and postage Library and Subscription to Zoning Bulletin Advertising of Legal Notices Travel expenses divided as follows: 1. Estimated expenses for three members of Board attendance at Association of Towns meeting in Buffalo in February, $375.00 2. Estimated expense of Mr. Doyen~ Board member from Fishers Island for attendance at Board meetings in Southold, N.Y. $300.00 3. Estimated travel expense of Board to Fishers Island- $125.0,0 Total Travel' Expense Remuneration of Board of Appeals: $850.00 of which is .remuneration to the Chairman and the balance representing $750,00 to each of the other members of the Board. Total estimated expense of Board of Appeals Total estimated income from appeal applications Estimated Net Expense $ 250.00 350.00 60.00 1500.00 800,00 38,5,0. O0 6810, 00 1500.00 5'3'1o.oo Further, inconnection with the Budget, a letter was forwarded to. the Town Supervisor requesting that Mrs. Boken's annual rate be increased from $4200 to $4500 inview of the excellence of her work with the Board of Appeals, Building Department, Planning Board and occasional assistance to the Town Board and Town Counsel. Southold Town Board of Appeals -10- September 22, 1960 It was also mentioned in the letter that Mrs. Boken's overtime stenography work for the Board of Appeals and Planning Board amounted to approximately 170 hours for the year 1959~ for which Mrs. Boken received no compensation whatsoever, either in the form of time off or money. The'next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday~ October 6~ 1960, Town Clerk Office Main Road~ Southold~ New York. Meeting adjourned at 10:45 P.M. Respectfully submitted, Judith T. Boken Secretary PPRO ED