HomeMy WebLinkAboutZBA-02/28/1963 A. PPEAL BOARD
MEMBERS
Robert W. Gi[]isr~ie. Jr., Chairman
Robsrf B~rcjen
Se~ge Doyen, Jr.
SOUTHOLD, L.I., N.Y.
T~,leohone SO 5-2660
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
February 28, 1963
A regular meeting of the Southold Town Board of Appeals
was held 7:30 P.M., Thursday, February 28, 1963 at the Town
Office, Main Road~ Southotd, New York.
There were present: Messrso Robert~W. Gillispie,
Chairman, Robert Bergen~ Charles Grigonis, Jr.~ and Fred Hulse~
Jr.
Absent: Mr. Serge Doyen~ Jr.
PUBLIC P~ARING: Appeal NOo 545 7:30 P.M. (E.S.T.), upon
application of Eliza S. Barker~ Love Lane, Mattituck~ New York,
for a variance in accordance with the Zoning Ordinance~ Article
IV, Section 403, and Article IV, Section 406, for permission to
exceed the minimum percentage of usable lot area and reduce the
rear setback. Location of property: west side Love Lane~ Mattituck,
New York, bounded north by G. H. Riley, east by. Love Lane, south
by G. H. Riley, and west by G. H. Riley. Fee paid $5.00.
8outhold Town Board of Appeals -2- Pebruary 28, 1963
The Chairman opened the hearing by reading application for~-'a
variance, legal notice of hearing~ affidavit attesting to its
publication in the official newspaper and notice to the applicant.
TA~ CHA/PAEAN: Is there anyone present who wishes to speak for
this application ?
MR. ROBERT BARKER: I speak for it. We need more space for
storage at the drug store and we cannot expand in any other way.
The rear yard is 18 ft. and I wish to use 15 ft. for the addition°
in
THE CHAIRMAN: What is/the rear of the property2
MR. BARKER: The bank has purchased some vacant land there
and will black-top it and there will be a parking lot.
THE CHAIRMAN: By increasing the size of the store you will
also increase the living quarters above the store, is that correct?
MR. BARKER: That is right. The stairway for the apartment
above will be inside of the lower store.
THE CHAIRMAN: Is there anyone else present who wishes to speak
for this. application?
(There was no response.)
THE CPIAI~: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that the
applicant~ in order to rebuild the rear entrance and increase the
area of the store, must use more than 70% of the lot and build
within 3 ft. of the rear line. The adjoining~,property in the rear
of the store is at present being cleared and will be improved as a
parking area for the North Fork Bank.
It is the opinion of the Board that this addition will greatly
improve the character of the area.
Southold Town Board of Appeals -3-
February 28t 1963
The Board finds that the strict application of the Ordinance will
produce practical~difficulties or unnecessary hardship; the hard-
ship created is unique and would not be shared by all properties
alike in the immediate vicinity of this property and in the same use
district; and the variance does observe the spirit of the Ordinance
and will not change the character of the distr~ct.
On motion of Mr. Gillispie, seconded by Mr. Hulse: it was
RESOLVED that Eliza Barker be granted permission to erect an
addition on the rear of Barker's Pharmacy, west side Love Lane,
Mattituckt New York. This 15 ft. addition shall be erected no
closer than 3 fro to the rear property line and shall be no wider
than the existing building which is now 24°9 ft.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr~ Bergen, Mr.
Grigonis~ and Mr. Hulse.
On motion of Mr. Gillispie~ seconded by Mr. Grigonis~ it was
RESOLVED that the minutes of February 14, 1963 be approved as
submitted.
Vote of the Board: Ayes:- Mr. Gillispie, Mro Bergen: Mr.
Grigon~s, and ~r. Hulse.
PUBLIC HEARING: Appeal No. 547 - 8:00 P.M. (E.S.T.), upon
application of Baker and Fickeissen~ Southold~ New York~ a/c
Ephriam Cross~ Bay Shore Road, Greenport, New ¥ork~ for a variance
in accordance with the Zoning Ordinance~ Article III, Section 304,
for permission to reduce the front yard setback to 32 feet. Location
of property: east side Bay Shore Road, Greenport, New York~ Lot No°
51 on map of Peconic Bay Estates, bounded north by Co E. Landsberry,
east by Peconic Bay, south by W. J. Moyer~ and west by Bay Shore
Road. Fee paid $5.00.
The Chairman opened the hearing by reading application for a
variance~ legal notice of hearing, affidavit attesting to its
publication to the legal newspaper and notice to the applicant.
Southold Town Board of Appeals -4-
February 28, 1963
THE C~IRMAN: 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: I understand that this addition is now going
to be 12 ft. in depth rather than 16 ft. as applied for, therefore
the setback will be 36 fto father than 32 ft.
Are there any other questions ?
(There was no response.)
After investigation and inspection the Board finds that the
applicant cannot add to his dwelling unless he places the addition
on the front. In doing this the f~nt yard setback would be reduced
to 36 feet° The existing dwelling is located approximately 48 feet
from the front property line and the existing average setback line
for the area is approximately 48 feet.
In the neighborhood~ in fact on the adjoining property to the
north, there are garages set in the front yard area, some directly
on the front property line.
The Board finds that the strict application of the Ordinance
will produce practical difficulties or unnecessary hardship; the
hardship created is unique and would not be shared by all properties
alike in the immediate vicinity of ~his property and in the same use
district; and the variance does observe the spirit of the Ordinance
and would not change the character of the district.
On motion of Mr. Gillispie~ seconded by Mr. Bergen, it was
RESOLVED that Baker and Fickeissen be granted permission to
reduce the front yard setback on the property of Ephriam Cross,
Bay Shore Road: Greenport, New York to 36 feet. This 12 ft~
addition to the front of the existing dwelling shall in no way
encroach upon the side lines of the property which are presently
10 ft. on the north and 16 ft. on the south. This property is
Lot No. 51 on map of Peconic Bay Estates.
Southold Town Board of Appeals -5-
February 28, 1963
Vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen, Mr.
Grigonis~ and Hr. Hulse.
PUBLIC HEARING: Appeal NOo 546 - 8:15 P.M. (E.S.T.)~ upon
application of William G. Cox, Track Avenue, Cutchogue, New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 303, and Article X, Section 1000A, for permission to
divide property into two lots leaving one lot with insufficient
frontage. Location of property: south side Track Avenue, Cutchogue~
New York, Lots 53, 54 and 55 on map of ~. S. Hand, bounded north by
Track Avenue, east by N. Plimpton and J. Mitchell, south by So
Anabel and V. Anabel, and west by S. J. Rynieco Fee paid $5°00.
The Chairman opened the hearing by reading application for a
variance~ legal notice of hearing, affidavit attesting to its
publication in the official newspaper and notice to the applicant~
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MRo RALPH COX:
the property in 1959o
60 ft. lots.
I represent William Cox, my son° He bought
The property was originally laid out in
THE CHAIRMAN: If this variance is granted the buyer of the
80 fto lot will be required to adhere to the minimum front yard
and side yard setback restrictions°
MR. COX: Yes, he will do that.
THE CHAIRMAN: I s there anyone present who wishes to speak
against this application?
(There was no response. )
THE CHAIRMAN: Are there any questions ?
(There was no response.)
Southold Town Board of Appeals -6- Pebruary 28~ 1963
After investigation and inspedtion the Board finds that the
applicant is the owner of a parcel of land 180 ft. in widtk by
approximately 167 ft. in depth° This property was purchased in
1959 as three 60 ft. lots in the M. S. Hand Subdivision~ This
subdivision was laid out in mostly 50 ft. lots and was not one of
the approved maps at the time of the enactment of Zoning. Some
of the lots in this subdivision are used as single lots and some
were purchased as double lots therefore a division of this parcel
into a 100 fto parcel where Mr. Cox's residence exists and an 80 ft.
vacant lot would be in conformity with the neighborhood.
The Board finds that the strict application of the Ordinance
would produce practical difficulties or unnecessary hardship; the
hardship created is unique and would not be shared by all properties
alike in the immediate vicinity of this property and in the same use
district; and the variance does observe the spirit of the Ordinance
and w~uld not change the character of the district°
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that William Go Cox, Track Avenue~ Cutchogue~ New
York, be granted permission to divide lots 53~ 54 and 55 in the ~.
S. Hand Subdivision into two parcels. One parcel shall have 100 ft.
frontage where the dwelling exists and one parcel shall have 80 fto
f~tage and is vacant°
It is a condition of this Board that there shall be no front~
side or rear yard variances sought for the 80 ft. lot. The setback
has been established as 41½ fto for this 80 ft. loto
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr.
Grigonis, and Mr. Hulse.
The next meeting of the Southold Town Board of Appeals will
be held 7:30 P.M., Thursday, March 14~ 1963 at the Town Office,
Main Road, Southold, New York.
On motion of Mr~ Grigonis~ seconded by Mr. Bergen, it was
PdESOLVED ~hat the Board of Appeals set 7:30 P.M.~ Thursday,
March 14, 1963, Town Office, Main Road, Southold, New York as time
and place for hearing upon application of Robert Ho Preston~
Southold Town Board of Appeals -7- February 28, 1963
2 Middleton Road, Greenport~ New York, a/c Sterling Harbor Marina~
Inc., for a special exception in accordance with the Zoning Ordinance,
Article Iii, Section 300~ Subsection 11, for per~ssi~Y~to erect
and maintain a directional sign on the property of Augustus Straussner~
corner of Soundview Avenue and North Road, Greenport, New York,
bounded north by Joseph Brandi~ east by Sound Aver, south by Main
Road, and west by Augustus Straussner.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergent Mr.
Grigonis~ and Mro Hulse.
On motion of Mr. Bergen~ seconded by Mr. Hulse~ it was
RESOLVED that the Board of Appeals set 8:00 P.Mo (E~S.T.),
Thursday~ March 14, 1963, Town Office~ Main Road, Southold~ New
York as time and place for hearing upon application of R. G. Terry,
Jr., Southold~ New York~ a/c Flora F. Lesser~ 20 East 74th Street~
New York City~ New Yorkt for a variance in accordance with the
Zoning Ordinance, Article III, Section 303 and Section 307, ~nd
Article X~ Section 1000A~ for permission to reduce frontage and
side yard of a multiple residence in the "B" Business District.
Location of property: south side Main Street, Southold, New York~
bounded north by Main Road~ east by Paul L. Diefenbacher, south by
Downs Estate, et alo~ and west by other land of Flora F. Lesser.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr.
Grigonis, and Mr. Hulse.
It was further RESOLVED that legal notice of hearings be
published in The Suffolk Times on Friday, March 8, 1963.
vo~e of the Board: Ayes:- Mro Gillispie~ Mr. Bergen, Mr.
Grigonis~ and Mr. Hulse.
Meeting adjourned at 9:30 P.M.
i~?~'~¢~ ~ Respectfully submitted,
~~a' ~. / ~Judith T. Boken, Secretary