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HomeMy WebLinkAboutZBA-09/01/1960 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 MINUTES Southold Town Board of Appeals September 1, 1960 A regular meeting of the Southold Town Board of Appeals was held 7=30 P.M., Thursday, September 1, 1960, at the Town Clerk .Office~ Main Road~ Southold, New York. There were present: Messrs. Robert W, Gillispie, Jr. ~ Chairman~. Robert Bergen, and C~rles Grigonis~ Jr. Absent~ Messrs. Herbert Rosenberg~ and Serge Doyen~ Jr~ Also present= Mr. Howard M. Terry, Building Inspector. 'PUBLIC HEARINGg 7=30 P.M.~ Appeal No. 305 - Upon appli- cation of A. D. Croce~ 1885 E. Jericho Turnpike~ Huntington~ New York, a/c William Mayer & wf.~ for a variance in accordance with the Zoning Ordinances. Article III~. Section 305~ for per- mission to reduce the average front yard setback on property located on the north side Westview Drive~.. Mattituck, New Yorks bounded north by Paul Murphy, east by Everett Smith~. south by Westview Drive and west by Westview Drive. Fee paid $15.00. Southold Town Board of Appea~ -2- September 1, 1960 The Chairman opened the hearing by reading notice of dis- approval issued by the building inspector, application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper, THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HOWARD TERRY~ Building Inspector: There is a 40 ft. established setback on Westview Drive on the easterly side and there is a 45 fto established setback on ~estview Drive on the northerly side., and due to the shape of the lot and the house they will have a 10 ft. side yard on the north and 15 ft. side yard on the east and the house would be setback 35 ft. 'On most of the other streets in Westview or Browers Woods there is a 35 ft, setback but on these streets it is 40 and 45 ft. THE CHAIRMAN: What is the a~ea of the lot? MR. TERRY: It is 133.96 ft. on the north, 96.58 ft. on the east and the arc is 169.30 ft. We have a piece of paper in the file which is the scale of the house. MR. CROCE: I would like to say that the east property owner Smith is Mr.. Mayer~s nephew. THE CHAIRMAN: Is there anyone else present who wishes to say anything about this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak in objection to this application? (There was no response.) MR, BERGEN$ I was up there and looked it over and I do not see anything objectionable about it at all. ~ CHAIRMAN: I think that is a very good way to locate the house especially on a corner. It will not cut off the visibility and we are primarily interested in that factor. THE CHAIRMAN: Are there any other questions anyone would like to ask? southold Town Board of Appeals -3- september ix. 1960 MR. BERGEN: They will probably trim all of the small trees down, as we would not want to see any trees along that corner. THE CHAIRMAN: of the corner. We would not want any shrubs within 20 ft. MR. CROCE: We definitely will trim along that corner. Resolution was offered by Far. Grigonis~ seconded by Mr. Bergen~ and carried, WHEREAS application of A~ D. Croce~ a/c William Mayer & wf., having been considered at Public Hearing No. 305 on September 1, 1960, and the Board finding that strict application of the Ordinance would produce undue hardship became there is an unusual arc on the frontage of this lot which makes it impossible to maintain the average setback established on eith. er side of the lot. The hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property a nd in the same use district because this. is a corner lot on a continuous street and the only one in the vicinity and the only vacant lot in the area not built on at this time. The variance does observe the spirit of the Ordinance would not change the character of the district because the use of this lot will be residential in keeping with the area and the proposed side yard reductions will not harm the neighborhood, therefore be it RESOLVED that permission is granted to~ D. Croce, a/cW. Mayer & wife to reduce the average front yard setback on property located on the north side Westview Drive~ Mattituck~ New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and Mr. Grigonis, PUBLIC HEARING: 7:45 P.M., Appeal No. 306 - Upon appli- cation of Arthur W. Hahn, III, Bay Shore Road~. Greenport,. New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to reduce side yard on south side of property located on the east side Bay Shore Road~ Lots 38 and 39 on map of Peconic Bay Estates~ Greenport, New York, bounded north by Harold P. Barnes,. east by Peconic Bay, south by Ira Chase and west by Bay Shore Road. Fee paid $15.00. Southold Town Board~of Appeals '4- September !, 1960 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 attestingto its publication in the official newspaper. The Chairman also read a letter of approval from a neighbor, Ira Chase. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ARTHUR W. HAHN, JR.~ appearing for his son, Arthur W. Hahn, III~ Bay Shore Road, Greenport, New York: My son~s house is not parallel with the Chase line, the 7½ ft. side yard is the side yard at the smallest end~ the other end is 10½ ft., so the average will be 9 ft. Also, t/~ lot runs low on one side. TMM~ 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. Grigonis~ and carried, WHEREAS application of Arthur W. Hahn, III~ having been considered at Public Hearing No. 306 on September 1~ 1960~ and the Board finding that strict appli- cation of the Ordinance would produce undue hardship because the south side of the house would be the most practical location for the proposed garage and breezeway as the land is low and unsuitable on the north side. 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 the ground to the north side of the house is iow and high tides would flood the garage and breezeway. The variance does observe the spirit of the Ordinance and would not change the character of the district because many other lots in the area are 50 ft., whereas the lot in question is 100 ft, and the other garages are located 3 ft. or closer to their property lines, therefore be it RESOLVED that Arthur W. Hahn~ III, be granted permission to reduce side yard on the south side of his property located Southold Town Board of Appeals -5- September 1, 1960 on the east side Bay Shore Road, Lots 39 and 38 on map of Peconic Bay Estates, Greenporta New York. V.ote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and Mr. Grigonis. PUBLIC ~MRARING: The hear/ng upon application of G. W. Smith & Sons, a/c Edward J.. Flanagan was reopened after being recessed from August 25, 1960. Application fora variance in accordance with the Zoning Ordinance, Article III~. Section 300, Subsection 7~ for permi~ion to reduce Setback and side yard requirement on a private garage. Location of property: south side of Smith Drive South, Southold, New York,. Lots No. 51 and 52 on 'map of Goose Neck Estates. Fee paid $15.00. HHE CHAIRMAN: Since this hearing was opened formally on August.. 18th I will not read the legal notice and application again. Mr. Smith, have you arrived at a location for the garage? MR. DANIEL SMITH~. Southold, New York: If 10 ft. from the side line and 35 ft. setback from Smith Drive South is all right I will locate it there. I think there are only two. houses on that side .of the street that do not have garages. On the west is Arthur O'Neill and further to the east is Wardens. They do not have garages. MR. BERGEN: Where do the other people have their garages? MR. SMITH: Attached to the house. However 300 or 500 feet down the street Monroe's garage is separage and is located between the road and the house. THE CHAIRMAN: To permit a structure anywhere within the permitted front yard would be setting a precedent. It would seem to me on a corner that it should be back 35 ft. on each street~ but in this case the house has already established the line closer than 10 ft,, as it is approximately 7 fto from the right-of-way. I feel that if the garage is set 35 ft. back from Smith Drive South and 10 ft. from the right-of-way on the east that it would be satis factory° Southold Town Board of Appeals September 1~ 1960 Resolution was offered by Mr. Grigonis, seconded by Mr. Bergen~ and carried~ WHEREAS application of G. W. Smith & Sons a/c Edward J. Flanagan, having been considered at Public Hearng No. 303 and the Board finding that strict application of the Ordinance would produce undue hardship because it is impossible to. add the garage-to the house and the house is situated less than 10 ft. from the e~st side line. 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 most of the other dwellings on the street have attached garages. The variance does observe the spirit .of the Ordinance and would not change the character of the district because it will be located 35 ft. from Smith Drive South,. thus keeping within the minimum front yard setback~ and there are only two other houses within the immediate vicinity that do not have garages at the present time,, therefore be it RESOLVED that permission be granted for the erection of a private garage to be located with a 35 ft. setback on Smith Drive South and a 10 ft. side yard on the private right-of-way located to the east of the Flanagan property. It is the opinion of the Board that the residence house has already established the side line of closer than 10 ft. on the private right-of-way. Mr. Vote of the Board: Ayes:- Gillispie, Mr. Bergen, and Mr. Grigonis. The Public Hearng upon Appeal NO. 311, Application of Robert Ketcham, Jr., a/c Booth House, Greenport, was postponed to Sept- ember 8, 1960 due to the fact Mr. Ketcham failed to appear and the fee.' had not yet been paid. The eecretary was instructed to forward Mzto Ketcham a letter advising him of the postponement to 8:15 P.M., Thursday, September 8, 1960. The minutes of the meeting of August 25~ 1960, on motion of Mr. Bergen~ seconded by Mr. Grigonis, and carried~, were approved as submitted. Vote of the Board: Mr. Grigonis. Ayes:- Mr. Gillispie~ Mr. Bergen, and Southold Town Board of Appeals -7- September 1, 1960 The Board of Appeals received a letter addressed to the Zoning Commission from an individual whose signature the Board was unable to identify. The letter protested the temporary shack on the undersized lot of Mr. Ole Carlsen, Horton Lane, Southold, and requested that steps be taken to correct the situation. The Chairman turned the letter over to the Building Inspector, under whose jurisdiction this matter would come, Mr. Jack Levin~, Southold~ New York, appeared before the Board for an informal discussion relative to his "Greenporter" sign erected on the east side of Route 25~ Arshamomaque~ Greenport. Mro Levin was informed by letter from the Building Inspector, dated August 31, 1960, that he had erected this sign in the wrong location and it must be moved to the approved location at the northerly side line of premises of Adam Pekunka, approximatel~ 155 ft, southerly from the interesection of Pipes Neck Road and ~oute 25. This sign of Mr. LeVin~s was granted by the Board of Appeals on October 22, 1959 and it was placed immediately next to the sign of Mr. Costas Stars which was granted by the Board of Appeals on May 7, 1959, Mr. Levin stated that Mro Pekunka had asked him to place the sign next to the Stars~ sign as he had planted corn in the original location of Mr. LeVinJs sign. Mr. Levin stated that he did not think it made any difference where he put the sign as long as it was in the same area. The Chairman stated that it is located approximately 60 ft. to 80 ft. from the stated location. On motion of Mr. Gillispie, seconded by Mr. Bergen~ and carried, it was RESOLVED that the directional sign for the Greenporter Motel be moved to its correct location before the 15th of September. The location of this sign should be: North side line of premises of Adam Pekunka~ approximately 155 ft. southerly from the intersection of Pipes Neck Road and Route 25, Arshamomaque~ Greenport~ New York4 Vote of the Board: Ayes~- Mr° GillisPie, Mr. Bergen, Mr. Grigonis. Southold Town Board of Appeals -8- September 1~ 1960 The next meeting of the Southold Town Board of Appeals wil~ be held 7:30 P-M., Thursday~ September 8~ 1960~. at the Southold Town Clerk Office~ Main Road~ S0uthold, New York. Meeting adjourned at 9:00 P.M. Respectfully submitted, Judith T. Boken Secretary PROVED