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HomeMy WebLinkAboutZBA-08/18/1960 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenber!3 Charles Gregonis, Jr. S¢r~3¢ Doyen, Jr. Southold Town Board of 4ppeals SOUTHOLD, L. I., N. Y. Telephone SO 5-26~0 MINUTES SOUTHOLD TOWN BOARD OF APPEALS August 18~ 1960 A regular meeting of the Southold Town B~rd 'of Appeals was held 7.30 P.F~ Thursday, August 18~ 1960 at the Town Clerk Office~_ Main Road~ Southold, New York. There were preEent: Messrs. Robert W. Gillispie, Jr., Chairmans Robert Bergen~ Herbert Rosenberg~ and Charles Grigonis, Jr. Also present: Mr. Howard M. Terry~ Building Inspector. Absentz Mr. Serge Doyen~ Jr. PUBLIC k~RING: 7:30 P.M., (E.D,S.T.), Appeal No. 300 - Upon application of Mrs. Pauline Case~_ Sterling Street, Greenport, New York, a/c Arthur P~ Folsom~ Raymond, Maine, 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: east side Cedar Avenue~ East Marion~ New York, bounded north by Paragon Builders~ east by Costas Stars~ south byAndrew Dzenkowski, and west by Cedar Avenue. Fee paid $15.00. Southold Town Board of Appeals -2- August 18~ 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? MRS. PAULINE CASE~ Sterling Street~ Greenport, New York: I have a map of the property. (The Board discussed the layout of the property in question with relation to the Open Development Area of Costas Stars.) THE CHAIRMAN: What is the depth of the lots? MR. HOWARD TERRY~ Building Inspector: way it was planned. 120 ft. That is the THE CHAIRMAN: ask of Mrs.. Case? Is there anything else anyone would like to (There was no response.) THE CHAIRMAN: Mrs. Case~ you just wan t to divide them into two lots~ is that right? MRS. CASE: That is right. THE 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 Mrs. Pauline Case~ a/c Arthur R. Folsom, having been considered at Public Hearing No. 300 on August 18, 1960, and the Board finding that strict application of the Ordinance would produce undue Southold Town Board of Appeals -3- August 18~ 1960 hardship because all of the other lots on Cedar Avenue are 120 ft. deep and most if them are 100 ft. wide, Tt~ situation iS unique and would not be shared by all properties alike in the immediate vicinity of this property because this parcel is the only one on this side of Cedar Lane which is between lots individually owned on the northerly side and undivided farmland on the southerly side. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts vould not be substantially or permanently injured and the spirit of the Ordinance would be observed because some of the developed lots in the area are of smaller size then the proposed division and the use of these lots will be residential in keeping with the entire area, therefore be it RESOLVED that this application be granted as applied for, permitting the division of the property into two single lots which are described as follows: Parcel I: Beginning at a point on the northeasterly corner of land of Arthur R. Folsom and running thence southerly 100 ft. along land of Costas Stars to other land of Arthur R. Folsom; thence running westerly 120 ft. along other land of Arthur R. Folsom to Cedar Lane; thence running northerly 100 ft. along the east side of Cedar Lane to land of Paragon Builders; thence run- ning easterly 120 ft. along land of Paragon Builders to point or place of beginning, Parcel II: Beginning at a point on the southeasterly corner of land of Arthur R, Folsom and running thence westerly 120 ft. along land of Andrew Dzenkowski to Cedar Lane~ thence running northerly 100 ft. along the east side of Cedar Lane to other land of Arthur R, Folsom; thence running easterly 120 ft. along other land of Arthur R, Folsom to land of Costas Stars; thence running southerly 100 ft. along land of-Costas Stars to point or place of beginning. ~ote of t_he Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg~. and Mr. Grigonis. Southold Town Board of Appeals -4- August 18, 1960 PUBLIC HEARING~ 7~45 P.M. (E~D,S~T.)~. Appeal No. 302 - Upon application of Robert Preston,~ Middleton Road~ Greenport~ New York, for recognition of access in accordance with State ofj New York Town Law Section 280A~ Location of property~ east side private road known as Gull Pond Lane~ EaSt Marion, New York, bounded north by 'William Ubbens, east by Gull Pond, south by Gull Pond Lane, and west by Gull Pond Lane~ No fee for access. The Chairman opened the hearing byreading notice of dis- approvalissuedby the building inspector~ application~r 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,) THE CHAIRMAN~ This lot is right along side of the one we approved last week, is that correct? MR. TERRY: That is right. They got tentative approval of the map of FordhamAcres last Tuesday night. THE CHAIRMAN: Is thereanyone present who wishes to speak against this application? (There was no response.) Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen~ and carried~. ~ application of Robert Preston having been considered at Public Hearing No. 302 on August 18~ 1960~.. and the Board finding that strict application of the Ordinance would produce undue hardship because applicant cannot secure a building permit without approval of access over this roadway which has been cut in and settled and is in good usable condition. The situation is unique and would not be shared by all properties alike in the immediate vicinity of this property because other than the adjoin- ing lot this is the only other lot to be developed in this area at the present time. The public convenience and welfare and justice will be served and the legally established 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 this lot will be residential in keeping with the "A" Residential and Agricultural District,' therefore be it Southold Town Board of Appeals --5- August 18~. 1960 RESOLVED that this application for recognition of access. be gra~ted as applied for. It is the opinion of the Board of Appeals that granting this action will not conflict w"ith future roads as planned on the subdivision of "Fordham 'Acres" at Greenport, as shown on the preliminary plat prepared by Otto W. Van Tuyl & Son. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. The minutes of the meeting of August 9~.. 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. PUBLIC HEARING: 8:00 P.M. (E.D.S,T.), Appeal No, 303, Upon application of G. W. Smith & Sons~ Main Road, Southold, New York~ ~/c Edward J. Flanagan~ Smith Drive South, Southo%d~ New York, for a variance in accordance with the Zoning Ordinance~ .~Article III~ Section 300, Subsection 7~ forpermission to reduce setback and side yard requirement on a private garage. Location of propertyz south side of Smith Drive South,_ Southold, New York, Lots No. 51 and 52 on map of Goose Neck Estates. 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 attesting to its publication in the official newspaper. THE CHAIRMAN: We went down there and took pictures which will substantially correct the application. (The Chairman described the pictures.) The houses are well back from the road and it is a Town highway and down there they regard the water as the front yard.. The error which seems to be made is that the owner regards the legal front yard as the back yard and wishes to place the accessory garage in the front yard. The back yard defined in the Ordinance would be on the water side. Southold Town Board of Appeals -6- August 18, 1960 Is there anyone present who wishes to speak for this application ? MR. WILLIAM SMITH, South01d~ New York: My brother Dan was to be here tonight as he has handled it from the beginning but he was unable to attend this meeting. I just went down and talked to the Flanagans a while ago. Arthur O'Neill~ whose house we buil~ here about four years ago will be giving you the same. problem eventually because he will be doing the same thing T~E CHAIRMAN: That is-adjoining the Flanagan property? MR, SMITH: Yes. MR. ROSENBERG: Did Howard post a violation on the Flanagan j ob? MR. SMITH: I do not know if he did or not. We only dug the trenches and poured the cement. Flanagan has two 50 ft. lots. You are going to ~ave this same problem with many of the other lots down there. , THE CHAIRMAN: While a garage is permitted in the rear yard, not mto occupy more than 40% of the rear yard area, it is definitely against this Ordinance and public policy in general to put isolated garages in the front yard. MR, SMITH: We attached agarage to the Cummings house and so far as we are concerned that is the poorest layout in the place. MR. ROSENBERG: How many property owners have access on the right-of-way which adjoins the Flanagan property? MR. SMITH: The property o%ners in the area. exactly how many. I don~t know MR. ROSENBERG: This is now an established right-of-way and there is a public dock at the. end and the Flanagan lot is a corner lot and all of the people in the area have guaranteed access on this right-of-way~ so much so G. W. Smith & Sons do not pay taxes on that right-of-way. MR. SMITH: We do pay taxes on that property. Southold Town Board of Appeals -7- August 18, 1960 MP~ ROSENBERG: You do not pay taxes, it is not on the tax book. That right-of-way is absorbed in the taxes of the property owners in the area. Where it states in the application there are other garages within a minimum of 500 feet, there are not. Where it says the trees must be saved, these people, by law~ are not 'allowed to put garages in the front yard at all~ They cannot be within 35 ft, of the right-of-way as this is a corner lot. These people have not shown a hardship, 4 ft. from the corner would not be allowed where this man has other property on which to locate his garage. This is o~ of the few developments which is named specif- ically in our Ordinance and it was established in 1948 and it is a very nice development, MR~ SMITH: The only thing is, the Flanagans have planned and planned this garage for years and years and have put it off, but the definite location was for the place we have stated~ and that is one of the things that possibly my brother slipped up on in the beginning. MR. ROSENBERG: I saw Mrs. Flanagan~ and Mrs. Flanagan her- self told me they did not in the least care where the garage was located because they had to have the garage.. I see no reas on why the garage should not be located on the west side of the property in 'this area (indicating on the map.) As far as I am concerned Mr. Flanagan has shown no hardship.. MR. SMITH: The hardship is that they planned their driveway many years ago and now they have cut the trees down for the garage. If they have to move it a few feet one way = another that would be all right. He absolutely does not want an atta.ched garage. MR. SMITH: May I speak with Mr. Flanagan again about another location and come back next week? T~E CHAIRMAN: Yes~_ We will recess this hearing until next week, August 25th~. to anable Mr. Smith to consult with the property owner, Mr- Robert Ketcham, East Marion, New York, appeared before the Board of Appeals for an informal discussion relative to erecting signs directing the public to the Booth House, Greenport. At present he has one location in mind, o~the corner of Main Road Southold Town Board of Appeals -8- August 18, 1960 and Chapel Lane, Greenport. The Board advised Mr. Ketcham that if he receives a letter of permission from the property'owner they would be glad to consider an application forpermission to erect and maintain a d~ectional sign fOr the Booth House. On motion of Mr. Grigonis~. seconded by Mr. Bergen, and ,carried the Board of Appeals set 7230 P~M., (E.D.S,T~), Thursday, September 1, 1960, Town Clerk Office~ Main Road, Southold, New York, as time and place for hearing upon application of A. D. Croce, 1885 E. Jericho Turnpike, Huntington, New York, a/c William Mayer & wf, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, for permission to reduce the average front yard setback on property located on the north side Westview Drive~ Mattituck, New York, bounded north by Paul Murphy~ east by Everett Smith~ south by Wesview Drive, and west by Westview Drive. Vote of the Boar~: Ayes:- Mr~ Gillispie, Mr. Bergen, Mr- Roser~berg~ and M_r. Grigonis. On motion of Mr. Rosenberg,. seoonded by Mr. Bergen, and carried, it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.D,S.T.), Thursday~September 1~ 1.960, Town Clerk Office, Main Road, $outhold, New York~ as time and place for hearing upon application of Arthur W. Hahn, ~II, 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, Gre-enport~ New York. Vote of the Board: Ayes:- Mr. Gillispie,~ Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. On motion of Mr. Bergen~ seconded by Mr, GrigoniS, and carried, it was RESOLVED thatthe Board of Apppals set 8:00 P.M. (E.D.S~T.), Thursday, September 1, 1960, Town_ Cl.erk Office, Main Road, Southold~ New York, as time and place Eor nearing upon application of Robert Ketcham, Jr.~ Bay Lake Park~ East Marion, New York,. a/c Booth HOuse, Sterling Avenue~ Greenport, New York~ for a special exception in accordance with the Zoning Ordinance~ Article IV, Section 408, for permission to erect and maintain a directional sign on the property of Mrs° Edna M, Turn~er~. North side Southold Town Board of Appeals -9- August 18~. 1960 Route 25, Greenport~ New York, bounded north by F. K. Stepnoski Estate,. east by Sam Ciacia Estate,~ south by Main ~oad~ ard west .by John Rempe~ & ors. 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 August 25, 1960. Vote of the Board: Ayes:- Rosenberg, and Mr. Grigonis. Mr. Gillispie, Mr. Bergen~ Mr. 'The next meeting of the southold Town Board of Appeals will be held 7230 P.M.,.. Thursday~ August 25~ 1960, at the 'Town Clerk Office~ Main Road, Southold~ New York. Meeting adjourned at 10:25 P.M. Respectfully submitted, ~~~Te~Br~ken