HomeMy WebLinkAboutZBA-10/10/1963 APPEAL BOARD
MEMBERS
Roberf W. C-][][spie Jr,, Chairman
Roberf Bergen
Serge Doyen Jr,
Fred Hulse, Jr.
SOUTHOLD, L.I., N,Y.
Tml~ohone SO 5-2660
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
October t0~ 1963
A regular meeting of the Southold Town Board of Appeals
was held 7:30 P.M., Thursday, October 10, 1963 at the Town
Office, Main Road~ Southold, New York.
There were present: Messrso Robert W. Gillispie, Jr.,
Chairman, Robert Bergen~ and Serge Doyen, Jr.
Absent: Messrs. Charles Grigonis, Jr., and Fred Hulse, Jr.
~UBLIC HEARING: Appeal No. 604 - 7:30 P.M. (E.D.S.T.),
upon application of Fishers Island Fire District, Fishers
Island, New York, for a special exception mn accordance with
the Zoning Ordinance, Article III~ Section 306, for permission
to erect a new fire house with insufficient front yard setbacks
on a corner lot. Location of property: At the intersection
of Equestrian Avenue and Athol Crescent, Fishers Island, New
York, bounded north by West End Land Company, east by Athol
Crescent, south by Equestrian Avenue and Athol Crescent, and
west by Equestrian Avenue. Fee paid $5.00.
Southold Town Board of Appeals -2- October 10~ 1963
The Chairman opened the hearing by reading application
for a special exception~ 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?
MI{. HOWARD TERRY: AS County Fire Coordinator I feel this
is a very good move.
FLR. SERGE DOYEN, JR.: This is the most logical location
for the fire house and the fire house is needed.
(The Board discussed with Mr. Doyen the insurance rate
on Fishers Island.)
TP~E CPIAIRM/~N: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board approves of
the proposed location for the new fire house at the inter-
section of Equestrian Avenue and Athol Crescent. The reduced
setback of 16 ft. on Athol Crescent and 20 ft. on'Equestrian
Avenue is found to be sufficient for the proposed use. The
premises slopes sharply to the north and the area consists of
low marsh land making it impossible to locate the building on
any other portion of the property~ therefore the building must
be kept as far to the south as possible. This reduced setback
is found to be generally satisfactory due to the fact this is a
fire house and rapid exit by fire equipment in the event of a
fire alarm is extremely important.
The Boar d finds that the public convenience and welfare
and justice will be served and the legally established or
permitted use of neighborhood property and adjoining use
districts will not be permanently or substantially injured and
the spirit of the Ordinance will be observed.
On motion of Mro Gillispie, seconded by ~Lr. Bergen, it
Southoid Town Board of Appeals -3- October 10, 1963
RESOLVED that Fishers Island Fire District be granted
permission to erect a new fire house at~~ the intersection of
Equestrian Av. enue and Athol Crescent~ Fishers Island, New
York with a setback of 16 feet from Athol Crescent and
20 ft. from Equestrian Avenue.
vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen,
and Mr. Doyen.
PUBLIC HEARING: Appeal No. 605 - 7:45 P.M. (E.D.S.T.),
upon application of Robert Hyatt, Southold, New York, a/c
Madeline Nicot, Fie~twood Road, Cutchogue~ New York~ for a
variance in accordance with the Zoning Ordinance, Article
III~ Section 300, Subsection 7, for permission to erect a
detached garage in the front yard area. Location of property:
east side Fleetwood Road, Cutchogue, New York, bounded north
by W. A. Kennedy, east by Creek, south by W. A. Bangert~ and
west by Fleetwood Road. Fee paid $5.00.
The Chairman opened the hearing by reading application
for a variance, legal notice of hearing, affidavit attesting
to its pub~ion in the official newspaper and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. ROBERT HYATT: I am the builder.
TME. CHAIRi~AN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
MR. HYATT: This garage will be placed where the old
foundation of a prior existing garage was located. The old
garage was removed 3~ or 4 years ago because of wind damage.
Southold Town Board of Appeals -4-
October 10~ 1963
THE CHAIRMAn-: Will there be some kind of construction
to prevent a car going through the rear wall of the garage
and over the bank?
MR. HYATT: The garage will have a concrete block wall.
(The type of construction of the proposed garage was
discussed.
THE CHAIRMAN: Are there any other questions?
(There was n? response.)
After investigation and inspection the Board finds that
the proposed location of the garage is the best location possible
on the property due to the fact the lot slopes steeply from the
road to the water. ~ne applicant proposes to locate the garage
on the most level portion of the lot.
The proposed garage will be located on the foundation of a
garage which wasremoved about four years ago because of wind
damage. There are other garages in this area with similar or
less setback. The only feasible ~ntrance to this garage would
be from Fleetwood Road.
The Board finds that strict application of the Ordinanc~
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 motion of Mr. Gillispie, seconded by Mr. Bergen~ it was
RESOLVED that Robert Hyatt be granted permission to erect
a private detached garage on the property of Madeline Nicol,
east side Fleetwood Road, Cutchogue, New York, with a setback
of approximately 18 feet from Fleetwood Road and approximately
one foot from the northerly property line.
vote of the Board: Ayes:- Mr. Gillispme, Mr. Bergen, and
Mr. Doyen.
Southold Town Board of Appeals
-5-
.October 10t 1963
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the minutes of September 26, 1963 be approved
as submitted.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and
Mr. Doyen.
PUBLIC ~EARING: Appeal No. 606 - 8:15 P.M. (E.D.S.T.),
upon application of W. Harry Lister, WestRoad, Cutchogue~ New
York~ for a special exception in accordance with the Zoning
Ordinance, Article IIIA, Section 354 and Section 358, for
permission to maintain an accessory building with insufficient
frontage setback and rear yard setback. Location of property:
south side West Road, Cutchogue, New York, bounded north by
West Road~ east bye. Nagle, south by Peconic Bay, and west by
Creek. Fee paid $5,00.
The Chairman opened the hearing by reading application for
a special exception, legal notice of hearing~ affidavit attest-
ing to its publication in the official newst~per and notice to
the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
RICHARD CRON, ESQ.: Ail you can see of this building is
about 2 feet. There is a fence and hedges in the line of vision.
Mr.~rLister leases the marina to the North Fork Shipyard for
strictly a marina operation but reserves the dock area in this
~icinity for his own boat.
THE CHAIRYL~N: Is there anyone else 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.)
Southotd To'~n Board of Appeals -6- October 10~ 1963
THE CHAIRMAzN: The word "temporary" is used here. How
long does the lease run?
MR. CRON: For one year with an option for five years with
two renewals. There is no intention that this will be a
permanent installation. He just'needs it for the present to
house articles used on his boat.
THE CHAIRMAN: Are there any other questions?
XThere was no response.)
After i~vestigation and inspection the Board finds that
this is a temporary accessory building for non-commercial
purposes and is restricted to the personal use of the applicant
Mr. W. Harry-Lister.
This structure which was erected is a necessary incidental
use in the "M" Multiple Residence Zone,~ however the restriction
applying to Mr. Lister is for the protection 6f neighbors in
the future in the event Mr. Lister should sell or lease the
premises described in the application.
The location chosen is the only obvious and useful one
for the applicant since it is at the dock area where his boat
is moored and the building is used for the storage of his
boating equipment.
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 adjoining use
districts will not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
On motion of Mro Gillispie, seconded by Mr. Bergen~ it was
RESOLVED that Wo Harry Lister be granted permission to
erect and maintain a temporary utility or accessory building
on his multiple residence premises located on the south side
of~West Road, Cutchogue, New York~ approximately 12 ft. 6 in.
from West Road and approximately 12 ft. from the but~head or
rear line.
Southold Town Board of Appeals -7- October 10~ 1963
This building is restricted to the personal use of the
applicant Wo Harry'Lister.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Doyen.
Mr. and Mrs. Angelo Orio appeared before the B~ard for an
informal discussion relative to dividing their property on
Marlene Drive, Laurel into two 75 ft. lots. The ~ard
accepted their application for a variance to be scheduled for
October 24~ 1963.
Mro Dan Smith appeared before the Board by request of
Joseph P. Hoey relative to a proposed application for recognition
of access to property owned by Mr. Hoey on a private ri9ht-of-way
on the aast side of Town Harbor'Lane~ Southold. This application
was accepted by the Board for a hearing to be held on October 24~
19631.
The next meeting of the Southold Town Board of Appeals
w~ll be held 7:30 P.M.~ Thursday, October 24~ 1963 at the Town
Office~ Main Road~. Southolds New York.
On motion of Mro Gillispie, seconded by Mr. Bergen~ it was
RESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S.T.)~
Thursdays October 24~ 1963~ Town Office, Main Road~ Southold,
New York as time ardplace for hearing upon application of Johanna
and Angelo Orio~ 31-74 29th Streets Astoria~ New York, for a
variance in accordance with the Zoning Ordinance, Article III,
Section 303 and Article X~ Section 1000A~ for permission to
divide a parcel into two 75 fto front lots with insufficient
area in each lot. Location of property: west side Marlene
Drive~ Laurel~ New York~ bounded north by Georgiana Moshiers
east by Marlene Lane, south by Viola M. Alster, and west by
Mattituck Park-Properties Subdivision.
vote of the Board: Ayes:- Mr. Gillispies Mr. Bergen,
and Mro Doyen.
Southold Town Board of Appeals -8- October 10~ 1963
On motion of Mr. Bergen, seconded by Mr. Doyen, it was
R~SOLVED that the Board of Appeals set 7:40 P.M. (E.D.S.T.),
Thursday, October 24, 1963, Town Office, Main Road, Southold,
New York as time and place for hearing upon application of
George W. Smith & Sons, Main Street, Southotd, New York, a/c
Joseph P. HOey~ 2121 Albermele Terrace= Brooklyn~ New York~ for
recognition of access in accordance with New York State Town
Law, Section 280A~. Location of property: south side private
right-of-way, on the east side of Town Harbor'Lane~ Southold=
New York, bounded north by private road and Daly: east by A. J.
Daly~ south by Peconic Bay, and west by T. F. Daly, Jr.
Vote: Ayes: Mr. Gillispie, Mr. Bergen, and Mr. Doyen.
On motion of Mr. Doyen, seconded by Mr. Gillispie, it was
RESOLVED that the Board of Appeals set 7:50 P.M. (E.D.S.T.)~
Thursday, October 24~ 1963~ Town Office,. Main Road, Southold,
New York as time and place for hearing upon application of A.
Reilly & Sons, Inc., Shore Acres, Mattituck, New York~ a/c Kevin
McGrath,. 1690 Metropolitan Avenue, Bronx 62, New York~ for
recognition of access in accordance with New 'fork State Town
Law~. Section 280A. Location of property: north side private
right-of-way on the east side Town Harbor Lane~ Southold, New
York= bounded north by T. F. Daly, east by T. F. Daly, south by
private right-of-way~, and west by T. Fo Daty.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Doyen.
On motion of Mr. Gi!lispie, seconded by Mr. Bergen, it was
RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.)=.
Thursday~ October 24, 1963, Town Office, Main Road, Southold~
New York as time and place for hearing upon application of
Anthony J. Wisowaty, Main Road, Greenport, New York, for a
special exception in accordance with the Zoning Ordinance,
Article III, Section 306, for permission to reduce the front
yard setback on a corner lot. Location of property: northwest
corner of~Champlin Place and Bai]s~ Avenue~ Greenport, New York,
bounded north by Arnold G~adding~ east by Bailey Avenue, south
by Champlin Place and west by Rose Foster.
Southold Town BoardoF Appeals -9- October !0~ 1963
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~
and ~r. Doyen.
On motion of Mr. Bergen, seconded by Mr. Doyen~ it was
RESOLVED that the Board of Appeals set 8:15 P.M. (E.D.S.T.)~.
Thursday~ October 24, 1963, Town Office, Main Road~ Southold~
New York as time and place for hearing upo~ application of
David Newton~ Deep Hole Driver. Mattituck,~ New York, for a
variance in accordance with the Zoning Ordinancet Article III~
Section 303 and Article X, Section 1000A, for permission to
divide property into two lots ~e~zing one lot with reduced
frontage. Location of property: east side Deep Hole Drive,
Mattituck~ New York~ bounded north by James Reidy, east by
Deep Hole Creek, south by Lewis Harrod, and west by Deep Hole
Drive.
vote of the Board: Ayes:- Mr. Gillispie, Mrs. Bergen~t and
Mr. Doyen.
On motion of Mr. Doyen~ seconded by Mr. Gillispie, it was
RESOLVED that the Board of Appeals set 8:30 P.M. (E.D.S.T.),
Thursday, October 24~ 1963, Town Office~ Main Road, Southold~
New York as time and place for hearing upon application of
Thomas Mongello~ Wells Road and Alto Drive, LaUrel, New York,
for a special exception in accordance with the Zoning Ordinance,
Article III, Section 306~ for permission to reduce the front yard
setback on a corner lot. Location of property: northeast
corner of Wells Road and Alto Drive, Laurel, New York, bounded
north by Ida Mongello~ east by K. Tuthill, south by Alto Drive~.
and west by Wells Road.
vote of the Board: Ayes:- Mr. Gillispie, Mr, Bergen,
and Mr. Doyen.
On motion of Mr. Giltispie, seconded by Mr. Bergen, it was
RESOLVED that the Board of Appeals set 9:00 P.M. (E.D.S.T.)~.
Thursday~ October 24~ 1963, Town Office, Main Road~'iSouthold,~
New York as time and place for hearing upon application of
~r. and Mrs. Albert H. Gordon, Oceanic Avenue, Fishers Island,
New York, for a variance in accordance with the Zoning ordinance,
Southold Town Board of Appeals -t0-
October !0, 1963
Article III~ Section 300, Subsection 7, for permission to erect
a private detached garage in the front yard area. Location of
property: junction of Halcyon and Oceanic Avenues~ Fishers
Island~ New York~ bounded north by Midlothian Avenue, east by
David Wilmerding,~ south by Halcyon Avenue and Oceanic'Avenue~
and west by Halcyon Avenue.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Doyen.
On motion of Mr. Bergen, seconded by Mr. Doyen, it was
RESOLVED that the Board of Appeals set 9:15 P.M. (E.D.S.T.),
Thursday, October 24, 1963~ Town Office, Main Road~ Southold,
New York as time and place for hearing upon aplmlication of
Paradise Point Association, InCo, for a special exception in
accordance with the Zoning Ordinance, Atticle III, Section 300,
Subsections8 and 10, for permission to erect an identification
sign at the entrance to Paradise Point on private road, north
side of North Bayview Road, Southold~ New York, Sign is to be
located on Lot 28 in the subdivision of Paradise Point, property
of Paradise Point Association, Inc.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and
Mr. Doyen.
It was FURTHER RESOLVED that legal notice of hearings be
published in the official newspaper on October 18, 1963.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Doyen.
Meeting adjourned at 10:40 P.M.
APPROVED
Respectfully submitted,
Jud±th 2'. BOken~ Secretary