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HomeMy WebLinkAboutZBA-11/21/1963 APPEAL BOARD MEMBERS Roberf W. ®iJ]]spie, Jr. Chairman Robert' Bergen Cha'~es Gregonis dr. Serge Do/eh Jr. -~OUTHOLD, L.I., N.Y. Teleohone SO 5-26~,0 MINUTES SOUTHOLD TOWN BOARD OF APPEALS November 21, 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday~ November 21~ 1963 at the Town Office, Main Road~ Southold, New York. There were present: Messrs. Robert-W. Giltispie~. Jr., Chairman, Robert Bergen, Charles Grigonis~, Jr., and Fred Hulse~ Jr. Absent: Mr. Serge Doyen~ Jr. PUBLIC HEARING: Appeal No. 617 - 7:30 P.M. (E.S.T.),. upon application Of Frank-S. Thorp, East Marion, New York~ for a variance in accordance with the Zoning-Ordinance, Article III, Section 303 and Article X=. Section 1000A, for permission to set off a lot having insufficient frontage and area. Location of property: south side of private road, South Lane~ East Marion, New ¥ork~ bounded north by South Lan~, east by Thorp,. south by Beach area owned by Thorp,. and west by private right-of-way. Fee paid $5. ~0. Southold Town Board of Appeals -2- November 21~ 1963 The Chairman opened the hearing by reading application for a variance, legal notice of hearing~, affidavit attesting to its publication in the officialnewspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. FRANK THORP: The two lots on either side of the righ~of-way were taxed together. I granted a right-of-way to the beach area shown on the map to other property owners I have sold to. I still retain ownership of the right-of- way and beach area. Most of the other lots in this particular area are approximately 70 feet on the water front~ This lot in question is deep~ 172 feet on one side and 179 feet on the other. THE'CHAIR1WAN: The lot is just short of the required square footage. You say other property owners have joint use of the beach area? MR. THORP: Yes~ I own ito That was done in 1950o By the way~l in Gardiners Bay Estates they have mostly 50 ft. lots. (The chairman read the application and appeal granted to Mr. Thorp on another lot adjoining the one under application.~ THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response° ) (Mr. Ernest Radford appeared with Mr. Thorp to speak in favor of the application.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) SoUthold Town Board or'Appeals -3- November 21~ 1963 After investigation and inspection the Board finds that the applicant owns a parcel of land bounded westerly by a private right-of-way to a beach area on Gardiners Bay. This applicant has previously divided property in this manner in this area and most of the lots in the area have frontages of under 100 feets many having frontages of 50 feet. This lot is just short of the required area~ the depth being an average of 175 ft. and frontage 67 feet~ The Board finds 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 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 district. On notion of Mro Gillispie, seconded by Mro Hulse~ it was RESOLVED that Frank S° Thorp be granted permission to set off a lot having insufficient frontage and area. This lot is bounded north 67.24 feet by South Lane~ east 172.53 feet by other land of Thorp~ south 69.56 feet by "Beach Area" owned by Thorp~ and west 179437 feet by private right-of-way owned by Thorp. vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Grigonis~ and Mr. Hulse. PUBLIC HEARING: Appeal NOo 619 - 7:45 P.M. (E.S.T.)~ upon application of Jane C. McKenna, Park Avenue~. Mattituck~ New York, for recognition of access in accordance with state of New York Town Law, Section 280Ao Location of property: private right-of-way on the south side of Park Avenue~ Mattituck~ New York, bounded north by other land of McKenna~ east by private right-of-way~ south by other land of McKenna, and west by C. H. Wickham. Fee paid $5°00. Soutdaold Town Board of Appeals -4- November 21, 1963 The Chairman opened the hearing byreading application for recognition 6f access, 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? WILLIAM WICKHAM, ESQ.: I have nothing more to add. I think it is a very reasonable solution. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no responseo) After investigation and inspection the Board finds that this is a very reasonable request. The right-of-way is 20 feet in width and the length requested is 300 feet. This access is in good condition and meets the minimum standards as required for recognition of access by the Board of Appeals. The lot to which the access is requested has a frontage of 160 feet by 255 feet in depth° The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would n~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 district. On motion of Mro Gillispie~ seconded by Mr~ Bergen, it was RESOLVED that Jane C. McKenna be granted recognition of access to her lot located on a private right-of-way on the south side of Park Avenue~ Mattituck. The parcel to which access is requested is marked "C" on map of property of James p. McKenna~ Jr. dated August 16~ 1963 and revised September 9, 1963 by Otto Wo Van Tuyl & Son. vote of the Board: Ayes:- Mro Giliispie~. Mr. Bergen,. Mr. Hulse~ and Mr. Grigonis. Southold Town Board of Appeals -5- November 21;~ 1963 PUBLIC HEARING: Appeal No. 618 - 8:00 P.M. (E.S.T.)~. upon application of'Douglas Beebe &Son,. a/c Ctifford Tyler,. Jr.~ Bay Avenue~ Cutchogue~ New York, for a variance in accord- anCe with the Zoning Ordinance, Article III~: Section 307, for permission to reduce the side yard setback to 9 feet on a lot located on the west side Bay-Avenue, Cutchogue, New York~ bounded north by A. V. Doroski~ east by Bay Avenues. south and west by A. V. Doroski. 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? MR. SIDNEY BEEBEAND MR. CLIFFORD TYLER, JR. appeared to speak in favor of the application. THE CHAIRMAN: The Board is familiar with this lot. It is odd shaped~. (Mr. Tyler stated that Mr. Walter Luce approached Mr. Adam Doroski for him with a request to purchase additional land to even the lot out but Mro Doro~i did not want to sell. The house is located in such a position that the land falls off sharply in the rear. An addition to the house cannot be made uhiess it is placed on the side of the house°) THE CHAIRMAN: 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 has a lot t00 fto by 150 ft. in depth with a 28 ft. by 28 ft. house located approximately in the center of the lot. The applicant must add to the house to increase the living area but cannot do so on the rear as the land falls off sharply directly in back of the house. $outhold Town Board of Appeals -6- November 21~ 1963 This lot is odd shaped causing the addition on the northerly side of the house to be 6 ft. short of the required side yard. The front corner of the addition would be 9 feet from the northerly line and the rear corner of the addition would be almost 15 feet from the line. This indicates the sharp angle of the lot. Mro Tyler attempted to buy additional land on the north but the owner of the land, Mr. Adam Doroski~ was unwilling to sell. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardst~p 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 district. On motion of Mr. Gillispie~ seconded by Mr. Grigonis, it was RESOLVED that Douglas Beebe & Son~ a/c Clifford Tyler, Jro be granted permission to reduce the northerly side yard set- back to 9 feet on the property of Mr. Tyler located on the west side Bay Avenue~ Cutchogue~ New York° Vote of the Board: Ayes:- Mro Gillispie~' Mro Bergen, Mr. Grigonis~ and Mr. Hulse. Mrs. Muriel Tait appeared before the Board to discuss the pole type gasoline sign being erected by Mr. Ro Joseph Wheeler at his gasoline service station adjacent to Mrs. Tait's property on the north side Middle Road~ Southold. This sign is being erected 21 feet in height 5 feet from Mrs° Tait's westerly property line. The Board advised Mrs. Tait they have approved this extra height in every case it is requested as it is felt to be a safety factor due to the height of trailer trucks using the gas station facilities. Also, 5 feet is the correct distance from the line for a sign of this type° soUthold Town Board of Appeals -7- November 21~ 1963 On motion of Mr. Gillispie,. seconded by Mro Hulse~ it was RESOLVED that the minutes of the Board of~Appeals of November 7, 1963 be approved as submitted° vote of the Board: Ayes:- Mr. Gillisp~ Mr. Bergen~ Mr. Grigonis~ and Mr. Hulseo The next meeting of the Southold Town Board of~Appeals will be held December 5~ 1963 at the TOWn Office, Main Road, Southold, New Ycrk~ Om motion of Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED that the Board of Appeals set 7:30 P.M. (EiE. T.)~ Thursday~. December 5~. 19634 Town Office, Main Road~. Southold, New York as time and place for hearing upon application of H. Brochard~ a/c R. Joseph Wheeler, Middle Road, Southold~ New York, for a special exception in accordance with the Zoning Ordinance, Article IV~ Section 408~ Subsection (a), for permission to erect a pole type sign 21 feet in height at the gasoline service station of R. JOSeph Wheeler~ north side Middle Road, Southold~ New York, bounded north by H. E. Tuthill,~ east by Muriel Tait, south by Middle Road, and west by David Driscoll. vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen~ Mr° Grigonis~ and Mr. Huls~ On motion of Mro Bergen~ seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 7:45 P.M. (E. SoT.)~ Thursday~. December 5~ 1963~, Town Office, Main Road~ Southotdz New York as time and place for hearing upon application of Marjorie H. Baker~ Youngs Avenue~ Southold~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 1~ and Article II,. Section 202~ for permission to increase the occupancy of her house to three families. Location of property: west side Youngs Avenues Southold~ New York, bounded north by'C. F. Muller~ east by Youngs Avenue, south by Mechanic Street, and west by Charles Turner. vote of the Board: Ayes:- Mr. Gillispie~ Mr° Bergen, Mro Grigonis~ and Mr. Hulse. Southold Town Board of~Appeals -8- November 21~ 1963 On motion of Mr. Grigonis~ seconded by Mr. Huls~ ,it was RESOLVED that the Board of Appeals set 8:30 P.Mo (E.S.T.)~ Thursday, December 52 1963~ Town Office, Main Road,. Southold~. New York as time and place for hearing upon applicationof Charles Bumbles a/c Thomas Liggis, ~6 Somerset Drive~ Great Necks~ New York,. for a variance in accordance with the Zoning Ordinance~ Article III~ Section 300s Subsection 1~ and Sections 303 and 307~'~nd Article X~, Section 1000A~ for permission to convert an accessory building into a one ~famity dwelling on a lot ~ith a frontage of 50 feet~ insufficient area and insufficient side yards, and leave a lot with a frontage of 50 feet and in- sufficient area° Location of property: east side Shore Roads Greenportz New Yorks Lot 66 on map of Peconic Bay Estates~ bounded north by Frank~F. Csajkos east by Peconic Bays south by James Rosati~ and west by Bay Shore Road. vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergens Mr. Grigoniss and Mr. Hulse, It was FURTHER RESOLVED that legal notice oft he hearings be published in the official newspaper, The Suffolk Times, on Friday~ November 29~ 1963. Vote of the Board: Ayes:- Mr. Giilispies Mr. Bergen~ Mr. Grigonis~ and Mr. Hulse. Meeting adjourned at 10:00 P.M. Respectfully submitted, Judith To Boken~ Secretary