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HomeMy WebLinkAboutZBA-01/26/1961 APPEAL BOARD MEMBERS Robert '~(/. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Grcgonis, Jr. Serge Doyen, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-~6~30 MINUTES SOUTHOLD TOWN BOARD OF APPEALS January 26, 1961 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thurs4~y, January 26, 1961 at the Town Clerk Office, Main Road, Southold, NeW York. There were Ir esent: Messrs. Robert W. Gillispie, Jr., Chairman, Herbert Rosenberg, and Charles Grigonis, Jr. Absent: Messrs. Robert Bergen, and Serge DOyen, Jr. PUBLIC HEARING: Appeal No. NO - 7:30 P.M. (E.S.T.), upon applicationof Noel Albrecht, Mattituck, New York, a/c John Loper, Jr., Mattituck, New York, for a variance in accord- ance with the Zoning Oratnance, Article III, Section 303, and Article X, Section 1000A, for permission to reduce lot area and use as a single lot, property located on the west side Wells Road, Laurel, New York, bounded north by Katherine Tuthill, east by Wells Road, south by Katherine Tuthill, and west by Katherine Tuthill. Fee paid $15.00. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector, application $outhold Town Board of Appeals -2- January 26, 1961 THE CHAIRMAN~ MR. ROSENBERG: MR. ALBRECHT~ for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIR~AN~ Is there anyone present who wishes to speak for this application? MR. NOEL ALBRECHT, Mattituck, New York: There is nothing much to say other than what was stated in the application. I have the recorded deed here. THE C~%JRMAN= It should be noted in the record that several members of the Board have visited this property. MR. ALBRECHT~ other than the fact Mrs. Tuthill alreadyhad subdivided the lots, I am sure she wanted to get three parcels out of that section, and Mro John Loper purchased this property figuring he could build on it, I think he should be granted this variance. Otherwise possibly Mrs. Tuthill would have to subdivide the lots and Mr. Loper would have to buy additional land from her which would cost himadditional money. THE CHAIRMAN= That would be a matter between Mrs. Tuthill and Mr. Loper. Is there anyone else present who wishes to speak for this application? (There was no response.) THE C}~AIRMAN~ Is there anyone present who wishes to speak against this application? (There was no response.) Are there any questions? Mr. Albrecht, did you makd out this application? Mr. Terry typed it out. MR. ROSENBERG= Actually there is only slightly over 10,000 square feet in this lot, rsther than 12,000 square feet as the application indicates. MR. ALBRECHT: That is correct. Southold Town Board of Appeals -3- January 26, 1961 MR. ROSENBERG~ Actually Mrs. Tuthill should not have sold' this parcel. The State charges $250. to anyone who does that. This deed was made by an individual other than an attorney, an attorney would not have permitted this sale. We have been in touch with Mrs. Tuthill and she is willing to enlarge the parcel to make it 12,500 sq. ft. and it would not affect the frontage. They will take about 8½ ft. from the Lot No. 35 and add it to Lots 34 and 33. The lot line could be drawn down to the southeast corner of lot 35 and Lot 35 moved into Lot 34 to produce the 12,500 sq. ft. Therefore a variance would not be necessary. A correction deed could be issued. MR. ALBRECHT~ I believe that would be much more favorable to Mr. Loper if it is done that way. Resolution was offered by Mr. Rosenberg, seconded by Mr. Grigonis, and carried, WHEREAS application of Noel Albrecht, a/c John Loper, Jr., having been considered at Public Hearing No. 340 on January 26, 1961, and the Board finding that strict application of the Ordinance would not produce undue hardship because applicant purchased the parcel knowing that it contained less than the 12,500 sq. ft. required by the Ordinance, thus creating a self-imposed hardship. The hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district because this is a newly created undersized lot and the adjoining lot to the south is also undersized. This is an illegal lot. The variance does not observe the spirit of the Ordinance and would change the character of the district because to per~LLit this undersized lot would create a precedent in an area that is just starting to develop. There is sufficient land to increase this lot to the proper sizer therefore be it RESOLVR~ that this application be denied. The seller, Mrs. Katherine Tuthill, has agreed to redivide this entire piece of property so that the present applicant, Mr. John Loper, Jr., will have at least 12,500 sq. ft. and the lot to the south will contain at least 12,500 sq. ft. Vote of the Boards Ayes=- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals -4- January 26, 1961 The minutes of the meeting of January 17, 1961, on motion of Mr. Rosenberg, se~nded by Mr. Grigonis, and carried, were approved as submitted. Vote of the Board: Ayes~- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 341 - Upon application of~mes and Claudia Darden, Montauk Highway, Bridgehampton, New York, for recognition of access in accordance with New York state Town Law, Section 280A. Location of property: north side Main Road, Mattituck, New York, bounded north by land of Junius Hubbard, east by land of Hef,i~n Hubbard, south by land of Herman Hubbard, and west by land of Maston. No fee necessary for access. The Chairman opened the hearing by reading application for recognition of access, legal notice of hearing and affidavit attesti~ 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: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any questions? (There was no response.) THE CHAIRMAN: Mr. and Mrs. Darden appeared before the Board on January 17th and discussed this matter with us and they were advised it would not be necessary for them to appear tonight. Resolution was offered by Mr. Grigonis, seconded by Mr. Rosenberg, and carried, WHEREAS application of James and Claudia Darden havin~ been considered at Public Hearing No. 341 on January 26, 1961 and the Board finding that strict application of the Ordinance would produce undue hardship applicant would be $outhold Town Board of Appeals -5- January 26, 1961 unable to build on plot without recognition of access. A wider access had been suggested but adjoining property owner refused to cooperate. The hardsh~ created is unique and would not be shared by all properties alike in the ~ ..... ediate vicinity of this property and in the same use district because no similar situation with regard to access exists in the area. The variance does observe the spirit of the Ordinance and would not change the character of the district because this is the recognition of an existing driveway to the lot in question, therefore be it RESOLVED that James and Claudia Darden be granted recognition of access to their lot located on the north side Main Road, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 339 - Upon application of William M. Beebe, New Suffolk Lane, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for permission to erect and maintain a con.,ercial advertising sign on property of William M. Beebe, south side Eugene Road, Cutchogue, New York, bounded north by Eugene Road, east by William M. Beebe, and others, south by William M. Beebe and others, and west by William M. Beebe and others. Fee $15.00. The Chaix~t~n opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- ing to its publication in the officialnewspaper. THE CHAIRM~N: Is there anyone present who wishes to speak for this application? (There was no response) THE CH~3~RMAN~ Is there anyone present who wishes to speak against this application? (There was no responseO Southold Town Board of Appeals -6- January 26, 1961 THE CHAIRMAN= Are there any questions? MR. ROSENBERG~ This is not part of the subdivision"Moose Cove" according to Mr. BeebeZs own statement, this is meadow land and not suitable for residential purposes. This is an advertising sign, and it is to be 4 by 8 ft. and gives Mr. Beebe's telephone number. He does not want to advertise the subdivision, he wants to advertise his business. Resolution was offered by Mr. Grigonis, seconded by Mr. Rosenberg, and carried, WHEREAS application of William M. Beebe, having been considered at Public Hearing No. 33.9 on January 26, 1961, and the Board finding that the p~blic convenience and welfare and justice will not be served and the legally established or per.~itted use of neighborhood property and adjacent use districts will be permanently or substantially injured and the spirit of the Ordinance would not be observed, therefore be it RESOLVED that WilliamM. Beebe be denied pezmission to erect co~m~ercial advertising sign. The Board finds from its own knowledge that the proposed location of this sign is not on the filed subdivision, Moose Cove, filed in 1960, but as stated in the application is on meadow land which is presently zoned residential-agricultural. It is against the Zoning Ordinance to permit a business sign in a residential area, as this is not a real estate sign for the sale of lots or acreage, it is simply a sign advertising Mr. Beebe's building business. This Board may not accord a right to one that is denied to everyone else. Vote of the Board~ Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. The Board forwarded a letter to Howard M. Terry, Building Inspector, requesting that he refrain from preparing applications for appeals. The next meeting of the $outhold Town Board of Appeals will be held 7:30 P.M., Thursday, February 9, 1961 at the Southold Tc~n Board of Appeals -7- January 26, 1961 Town Clerk Office, Ma/n Road, Southold, New York. Meeting adjourned at 9=30 P.M. respectfully submitted, Judith T. Boken Secretary