The URL can be used to link to this page

Home My WebLink AboutZBA-08/04/1960 APPEAL BOARD: MEMBERS Robert W. Gillispie, Jr., Cheirm~n Robert Bergen Herbert Rosenberg Charles Gregonis, Serge Doyen, Jr. Southold Town Board of 4ppeals SOUTHOLD, L. I., N. Y. Telephone SO 5-26d0 SOUT~OLD TOWN BOARD OF APPEALS August 4~ 1960 A regular meeting of the Southold Town Board of Appeals was held 7z30 P-M-a.. Thursday, August 4~. 1960 at the Town Clerk Office~. Main Road, Southold~ New York. There were presentz Messrs. Robert W. Gillispie~ Jr., Chairman~ Robert Bergen, and Herbert Rosenberg. Also presents Mr. Howard M. Terry, Building Inspector. Abzentg Messrs. Charles Grigonis~ Jr.~ and Serge Doyen, PUBLIC HEARING~ 7~30 P.M.~ Appeal No. 294 - Upon appli- cation' of James Mulvihill~_ Sound avenue, Mattituck~ New York, for a special exception in accordance with the Zoning Ordinance, Article X~. Section 1007, Subsection E~ for permission to replace non-conforming camp buildings at Camp Momowetas Sound Avenue~ Mattituck~ New York. Property bounded north by Laurel La~es east by William Unkelbach, south by Cecil Young, and west by Thomas Buchak. Fee paid $15.00. The Chairman opened the hearing by reading application for Southold Town Board of Appeals -2- August 4, 1960 a special exception~ legalnotice of hearing and affidavit attesting to its publication in the official newspaper. THE CHALRMAN: Is there anyone present who wishes to speak for this application? MRS. JAMES MULVIHII~. Sound Avenue~ Mattituck, NewYork: I speak for Mr. Mulvihillo T~E CHAIRMAN: 'I believe that the facts are summarized in the application, You had two cabins and there were six boys in each cabin and you replaced them with one large cabin, is that correct ? MRS. MULVIHILL: That is correct. THE CHAIRMAN: Are there any questions any members of the Board would like to ask Mrs. Mulvihill? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response,) Reso~tion was offered by Mr, Bergen, seconded by Mr. Rosen~erg~,. and carried, WHEREAS application of James Mulvihill and having been considered at Public Hearing No. 294 on August 4~ 1960, and the Board .finding that 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~ therefore be it RESOLVED that this application be granted as applied for~ permitting the replacement of non-conforming camp buildings at Camp Momoweta, Sound Avenue~ Mattituck,~ New York, Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg, Southold Town Board of Appeals August 4~ 1960 PUBLIC HEARING: 7:45 P.M. (E.D.S.T.),.APpeal No, 295 - Upon application of Stanley Zimnoski~ Wickham Avenue, Matttiuck, New York~for a variance in accordance with the Zoning Ordinance, Article III,. Section 300~. Sub~ection 1, for permission to use existing residence as a two family dwelling. Location of prop- erty: west side Wickham Avenue~. Mattituck~ New York, bounded north by Elmer Ruland, east byWickham Avenue, south by Harold R. Reeve & ors.. and west by Harold R, Reeve & ors, Fee paid $15.00. The Chairman opened the hearing by reading notice for disapproval issued by the Building Inspector~ application for a variance, legal notice of hearing and affidavit attesting to its publiCation in the official newspaper. T~E CHAIRMAN~ We are of the opinion that the title to this property will be better if you amend the section of the Ordinance under which you are appealing to Article VIII~ Section 801-C~ part 2~ Subsection (a). As I understand~ the zone line between "B" Business and "A" Residential runs through your hguse and in cases where that happens there is a provisions in the Ordinance that the Board can act to relieve that difficulty and in'he "B" Business zone you are permitted a two family dwelling. (The Chairman read Article VIII~ Section 801-C, part 2~. Subsection (a).) THE CHAIRMAN: Er. Zimnoski,~ if you will move to amend the application to include that section I will include it in the application and it will help on your title. ~...Mr. ZIMNOSKI: I will move to amend it. Resolution was offered by Mr. Gillispie, seconded by Mr. Rosenberg~ and carried~, amending Appeal No. 295 of Stanley Z~lmnoski to inc!udeArticte VIII,~ Section ~l-C, part 2~ Sub- section (a), Vote of the Board~ Aye.st- Mr. Gillispie, Mr. Bergen, Mr, Rosenberg. THE CHAIRMAN~ Is there anyone present who wishes to speak for this application? MR. HOWARD M. TERRY, Building Inspector~ I would like to say that it will not make any change in the character of the neighborhood. Southold Town Board of Appeals August 4~ 1960 THE CHAIRMAN~ Is there anyone present who wishes to speak against this application? XThere was no response.) Resolution was offered by Mr~ Bergen~ seconded by Mr~ RoseD_berg~ and carried,. WHEREA~ application of Stanley Zimnoski having been considered at Public Hearing No. 295 on August 4~ 1960, and the Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts wo.uld not be s~bstantially or permanently injured and the spirit of the Ordin- ance would be observed; and it has been proven to the satisfaction of the Board of Appeals that this property had been in single and separate ownership at the effective date .of the Ordinance and the total area of the lot has not been diminished or increased since such date, T~EREFOR]E BE IT RESOLVED that the Board of Appeals permit the extension of the "B" Business District 50 feet further into the property of Stanley Zimnoski so that the enti~e dwelling will be located in said "B" Business District. Vote of the Board: Fir. Rose,berg. Ayes:~ Mr. Gillispie, Mr. Bergen~ and On motion of Mr~ Bergen, seconded by Mr. Rosenberg~i and carried~ the Board of Appeals recessed the hearing upon appli- cation of Nick and Helen Houlis, Bay Avenue, EaSt Marion, New York for a special exception~ until further notice. Vote of the Board: Mr. Rosenberg. Ayes~- Mr. Gillispie, Mr. Bergen,. and Mr. Albert Frohne~ Silvermere Road~ Greenport, appeared before the Board of Appeals for an informal discussion relative to the issuance of his action for a special exception permitting the · erection of a sign. Mr. Frohne stated that the word "resort" had been~ omitted and that it had been agreed upon at the meeting the word would b~~ left on the sign. 'He advised that his business is a seasonal resort and in that way he must have the word "resort" on his sign. The Chairman stated that the Board did not agree to Southold Town Board of Appeals -5- August 4~ 1960 the word "resort" and that they object to it because it has no application to the direction to Mr. FrokneJs motel. When asked what he calls his establishment Mr, Frohne stated that at one time it was Windward Cottages~.. then it was Windward Shore, and now it is Windward Shore C~ttages. Mr. Frohne presented to the Board a letter' stating that the Board of Appeals is depriving him of his equal' r'ight under law. Mro Frohne inkroduced Mr.. Isadore Sielgetch~ Compensation Commissioner for the State of New York~ who stated he appeared without fee as a lawyer on behalf of Mr. Frohne and stated that he felt Mr. Frohne has been persecuted over a long period of time by the Town of Southold. After a lengthy discussion by ~ro. Frohne and Mr. Sielgetch the Board stated th t there would b~change in the Action of the Board upon the request for a special exception dated July 25~ 1960 by 'Veronica and Albert Frohne. On motion of Mr: Rosenberg~ seconded by Mr. Bergen,. and carried, the Board of Appeals set 7:30 P,M-, Thursday, August 18, 1960, Town Clerk Office~. Main Road~. Southold, New York, as time and place for hearing upon application of Mrs. Pauline Case~ Sterling Street,. Greenport, New York~ a/c Arthur R. Folsom, Raymond Maine~ for a variance in accordance with the Zoning Ordinance~ Article LTI~ Sectio~ 303~ and Article X~ Section 1000A, for permission to reduce frontage, and use as a single lot, property located ~h the east side of Cedar Avenue, East Marion~ New York~ bounded north by Paragon Builders, east by CostaS Stars~ south by Andrew Dzenkowski, and west by Cedar Avenue ~ Vote of the Board: Ayes:- Mr. Gillipie, Mr. Bergen, Mro Rosenberg. Resolution was offered by Mr- Bergen, seconded by Mr. Rosenberg~ and Carried~_ setting 7:45 P.M. (E.D~S.T.), Thursday, August 18, 1960, Town Clerk Office, Main B~ad~ Southold~ New York as time and place for hearing upon application of Robert Preston, Middleton Road,. Greenport~ New York~ for recognition of access in accordance with The State of New York Town Law Section 280A. Location of property, east si~e private road known as Gull Pond Lane, East Marion,. New York~ bounded north by William Ubbins, east by Gull Pond, south by Gull Pond Lane~ and west by Gull Pond Lane. Southold Town Board of Appeals -6- Au~st 4, 1960 Vote of the Board: Mr. Rosenberg. Ayes:- Mr. Gillispie~ Mr. Bergen,. and On motion of Mr. Rosenberg~ seconded, by Mr. Bergen, and carried, the Board of Appeals set 8~00 P.F~ , Thurday~ August 18~ 1960, Town 'Clerk Office~ Main Road, Southold, New York as time and place for hearing upon application of G. W. Smith & Sons, Main Road~ Southold~ New York~ a/c Edward J, Flanagan~ Smith Drive South, Southoldw new York, for a variance in accord- ance with the Zoning Ordinance, Article III~ Section 300 Sub- section 7,_ for permission to reduce setback and side yard require- ment 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, Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. It was further RESOLVED that legal notice of hearing be published in the official newspaper under date of August 11, 1960. Vote of the Board: Rosenberg. Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Tt~e next meeting of the Southold Town Board of Appeals will be held 7:30 P.M.~ Tuesday, August 9, 1960 at the Town Clerk Office,~ Main Road~ Southold~.. New York. Meeting adjourned at 9:50 P.M. Respectfully submitted, . Boken