HomeMy WebLinkAboutZBA-10/05/1961 SOUTHOLD, L.I., N.Y.'
Telephone SO 5-2660
APPEAL BOARD
MEMBERS
Rober~ W. G~][i~p~e, Jr., Chairman
Roberf ~'ergen
Herberf Rosenberg
Ch~r]e~ Gregonis, Jr.
Serge Doyed, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
October 5, 1961
A regular meeting of the Southold Town Board of Appeals
was held 7:30 P.M., Thursday, October 5, 1961 at the Town Clerk
Office, Main Road, Southold, New York.
There were present: Messrs. Herbert Rosenberg, Acting
Chairman, Robert Bergen and Charles Grigonis, Jr.
Absent: Messrs. Robert W. Gillispie, Jr., and Serge
Doyen, Jr.
PUBLIC HEARING: Appeal No. 410 - 7:30 P.M. (E.D.S.T.)~ upon
application of Harold I. Green, Stillwater Avenue, Cutchogue, New
York, for a variance in accordance with the Zoning Ordinance,
Article III~ Section 300, Subsection 7, for permission to reduce
setback for private detached garage. Location of property: east
side Stitlwater Avenue, Cutchogue, New York, Lot No. 11 on Map of
M. S. Hand. Fee paid $15.00.
Mr. Rosenber9, Acting Chairman, opened the hearing by reading
application for a variance, legal notice of hearing and affidavit
attesting to its publication in the official newspaper.
Southold Town Board of Appeals -2- October 5~ 1961
Mr. ROSENBERG: Is there anyone present who wishes to speak
for this application?
MR. HAROLD I. GREEN, Stillwater Avenue, Cutchogue, New York:
I had an idea about putting the garage on the side of my property
closest to the right-of-way, but I believe that would not be
acceptable. I will place it 5 feet from my north property line
and at least 50 feet from the road. I may even put it further
back than 50 feet.
MR. ROSENBERG: We have inspected the property and find
your proposal to be satisfactory.
MR. ROSENBERG: Is there anyone present who wishes to speak
in opposition to this application?
(There was no response.)
As stated in Appeal No. 410 by Harold I. Green, the lot in
question is 45 ft. frontage and 300 ft. in depth. The residence
is located at the creek end of the lot and no rear yard exists.
The Board finds after investigation and inspection that the
applicant should not be denied permission to erect a one car garage
on his property provided it is placed no less than 50 ft. from the
front property line and no closer than 5 feet. to the north line.
The reasons submitted in the appeal are the facts in this case.
On motion of Mr. Grigonis, seconded by Mr. Bergen, it was
RESOLVED that Harold I. Green. be granted permission to
locate private detached garage 50 feet from his front property
line on Stillwater Avenue and 5 feet from his northerly property
line. Lot No. 11 on Map of M. S. Hand.
Vote of the Board: Ayes:- Mr. Rosenber g~ Mr. Bergen, and
Mr. Grigonis.
Qn motion of Mr. Bergen, seconded by Mr. Grigonis, the
minutes of the meeting of September 28, 1961 were approved as
submitted.
Southold Town Board of Appeals -3- October 5, 1961
Vote of the Board: Ayes:- ~Lr. Rosenberg, Mr. Bergen, and
Mr. Grigonis.
PUBLIC Pr~.ARING: Appeal No. 411 - 7:45 P.M. (E.D.S.T.), upon
application of Frank E. Horn~ Island View Lane, Arshamomaque, New
York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 303 for permission to reduce areaof lot
located on the east side private road off Island View Lane,
Arshamomaque, New York. Property bounded north by Martocci~ east
by Peconic Bay, south by other land of F. E. Horn, and west by
private right-of-way. Fee paid $15.00.
Mr. Rosenberg, Acting Chairman, opened the hearing by reading
application for a variance, legal notice of hearing and affidavit
attesting to its publication in the official newspaper.
MI{. ROSENBERG: Is there anyone present who wishes to speak
for this application?
MR. FRANK E. HORN, Island View Lane, Arshamomaque, New
I think the application tells the story.
MR. ROSENBERG: Is there anyone present who wishes to speak
in opposition to this application?
FLR. MARTIN HEFFERNAN, Arshamomaque, New York: I am the prop-
erty owner on the western border line of the property in question.
I own the large house across the private right-of-way.
I would like to know if the property in question includes any
part of the right-of-way?
THE CHAIRMAN: I do not think any of that property along the
water receives any of the right-of-way in their deeds.
MR. HORN: That is right. The deed includes only the use
of the right-of-way to go in and out with their cars.
MR. HEFFERNAN: I don't think our home is considered a typical
summer bungalow. When we purchased that home it was after the~
Zoning laws had been put into effect and that little area t~s three
little bungalows on it. The three occupy an area that according
to the Zoning law should be occupied by only two residences.
Southold Town Board of Appeals -4-
October 5t 1961
Nothing could be done because they were existing residences there
but to permit the building of a fourth residence which would put
four residences on what would be normally allocated to just two
residences I think is unfair. I think the purpose of the zoning
law was not to cause any hardship to people who had existing resi-
dences there but this I think would cause undue hardship to people
who bought after zoning. This is certainly an unpleasant area as
it is but it would certainly become worse with the addition of
another residence.
(Mr. Heffernan brQught out the fact that there are many people
occupying the three cottages in the immediate area and crowding the
neighborhood, and that the water supply is bad and his cesspool has
already collapsed.)
MR. ROSENBERG: In the right-of-way privileges that you give
people is anything mentioned about theparking area, or ~s~your
private property?
MR. HORN: That is my private property.
MR. HEFFERNAN: No one is permitted to park on that area at all.
I have had service men come up that road and they have been told not
to use that road.
MR. ROSENBERG: Mr. Horn, the parking field is your property?
MR. HORN: Yes.
MR. ROSENBERG: You are asking for less than 100 ft. frontage
and less than 12,500 sq. ft. of area. We are not permitted to allow
you to use less than 100 ft. on the road and less than 12,500 sq. ft.
of area in the lot which you propose to cut out of your present un-
occupied property unless there is a definite hardship and unusual
and unique situation. You have property to the south which you label
parking area. At the time that you or Mr. Martocci secured the
variance, at that time you stated to this Board that the road to
the south would be used as a building lot and that is what it has
to be. It must have 12,500 sq. ft. in the lot which you now propose
to cut out and that is covered in our Ordinance under Section 1000A.
You may have to go into the parking area to do that. T~e is no
house on the land, it is vacant land and you own considerably more
than 12,500 sq. ft. therefore you cannot sell less.
MR. HORN: Doesn't it make a difference if that was cut out
of there before the Ordinance went into effect?
MR. ROSENBERG: It is not a filed map.
Southold Town Board of Appeals -5-
October 5~ 1961
MR. ROSENBERG: Is there anyone else present who wishes to
speak for this application?
(There was no response.)
MR. ROSENBERG: Is there anyone else present who wishes to
speak in opposition ~Dthis application?
(There was no response.)
The applicant has not produced any evidence of unnecessary
hardship or practical difficulty or unique situation.
The assertion made by Mr. Horn that no land is available to
enlarge the lot is not borne out by the facts. According to his
own statements made at the public hearing he is the sole owner of
the land in questiun as well as about 200 ft. to the south. At the
present time he allows tenants of hms cottage colony as well as
purchasers of cottages which ha erected prmor to the enactment of
Zoning the use of about 200 ft. of bay frontage for parking and
beach privileges. This is a use which he permits at his convenience.
Mr. Horn now seeks a variance to set off and sell a portion
which is smaller than the minimum requirement of the Ordinance.
There is ample land available to set off an area which will meet
the minimum requirement of the Ordinance.
After investigation and inspection the Board finds that no
hardship or practical difficulty is involved.
On motion of Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED that Frank E. Horn be denied permission to reduce
ares of lot located on the east side private road off Island View
Lane, Arshamomaque, New York.
Vote of the Board: Ayes:- Mr. Rosenberg, Mr. Bergen, and
Mr. Grigonis.
Southold Town Board of Appeals -6- October 5~ 1961
PUBLIC HEARING: Appeal No. 412 - 8:15 P.M. (E.D.S.T.),
upon application of George Biehl, 2 Leslie Lane, New Hyde park,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 307, for permission to reduce sideyard set-
back. Location of property: west side Oakwood Drive,'Southold,
New York, bounded north by E. Thomson, east by Oakwood Drive, south
by A. Cornell, and west by R. V. Jacobs. Fee paid $15.00.
The Acting Chairman, Mr. Rosenberg, opened the hearing by
reading application for a variancet legal notice of hearing and
affidavit attesting to its publication in the official newspaper.
MR. RO~ENBERG: Is there anyone present who wishes to speak
in favor of this application?
MR. WILLIA~ SMITH, Southold, New York: I represent Mr. Biehl.
think that everything is stated in the application.
MR. ROSENBERG: You know that in order to secure a variance
you must prove a-hardship and this wouldn, t be a hardship or unique
situation and according to you there is no proof of any practical
difficulty or unnecessary hardship, as a matter of fact this is a
self imposed hardship. This lot was purchased in 1960 and it is the
same as many other 100 ft. lots. There is 12~500 sq. ft. and 100 ft.
frontage. This man wants to put too large a house on the lot. You
know that without a hardship we cannot give a variance.
MR. SMITH: Yes, I know.
MR. ROSENBERG: It is a flat lot and there is no topographical
difficulty.
MR. SMITH: That is correct.
MR. BERGEN: Why can't he cut the house down some?
MR. SMITH: The house has already been ~ut down a great deal
from what it originally was intended to be. If this is not granted
we intend to go ahead and build the house in conformity with the
Ordinance and the man will just have difficulty getting into his
garage.
MR. ROSENBERG: Is there anyone present who wishes to spe~k
in opposition to this application?
Southotd Town Board of Appeals -7- October 6, 1961
(There was no response.)
The applicant purchased this lot in 1960. The lot frontage
of 100 ft. and depth of 195 ft. is larger than the minimum require-
ment for the district.
According to the appeal application the only reason the
variance is sought is to permit the erection of a building
which is too large for the plot. There is no topographical
condition present. There is no unnecessary hardship or practical
difficulty present~ nor any unique situation. On similar adjacent
lots residences have been erected without any so-called hardships.
After investigation and inspection the Board finds that no
hardship or practical difficulty is involved.
On moti~aof Mr. Bergen, seconded by Mr. Grigonis~ it was
RESOLVED that George Biehl be denied permission to reduce
side yard setback on his property on the west side Oakwood Drive,
Southold, New York.
Vote of the Board: Ayes:- Mr. Rosenberg, Mr. Bergen, and
Mr. Grigonis.
Mr. and Mrs. Charles Mosback, Oceansidet New York, appeared
before the Board of Appeals for an informal discussion. Mr. Mosback
is the part o~ner, with his sister~ of a parcel of land on the
south side Route 25, East Marinn. Mr. Mosback discussed with the
Board the proper way to divide the property so that he would have
an access road to three cottages on the Bay and also enough land
available for the two residences on Route 25.
The next meeting of the Southold Town Board of Appeals will
be held 7:30 P.M., Thursday, October 12t 1961 at the Town Clerk
Office, Main Road, Southold, New York.
Meeting adjourned at 9:00 P.M.
A~ ~ ~D Respectfully submitted~