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