HomeMy WebLinkAboutZBA-03/29/1962 OUTHOLD, L.I., N.Y.
T~Jeohone SO 5-2560
APPEAL BOARD
MEMBEP, S
Rober~ W. ®]ll[s~e Jr. Ch~irm,:n
Robert Bergen
Herbert Rosenb~rg
Char!es ®regonis
Serge Doyen:
MINUTES
SOUTHOLD TOTAL~ BOARD OF APPEALS
March 29, 1962
A regular meeting of the $outhold Town Board of Appeals
was held 7:30 P.M., Thursday~ March 29, 1962 at the Town Clerk
Office, Main Road, Southold, New York.
There were present: Messrso Robert W. Gillispie, Jr.,
Chairman, Robert Bergen, and Charles Grigonis~ Jr.
Absent: Messrs. Herbert Rosenberg and Serge Doyen, Jr.
PUBLIC HEARING: AppeaL No. 435- 7:30 P.M. (E.S.T.),
upon application of Jo~n Higgins, 3017 Hudson Boulevard, Jersey
City, New Jersey for recognition of access in accordance with
State of New York Town Law~ Section 280A. Location of property:
southwest side Sage Boulevard, Greenport, New York, bQunded north
by Sage Boulevard, east by William Kilion, south by basin~ and
west by Charles Sage. No fee - access.
The Chairman opened the hearing by readingapplication for
recogpition of access, legal notice of hearing and affidavit
attesting to its publication in the official newspaper.
Southold Town Board of Appeals -2-
March 29, 1962
~HE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(Tbs re was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
THE CHAIRMAN: We have Lnvestigated this property and found
it to be of sufficient size and the access is well traveled and
has been used for many many years.
The Board of Appeals finds that strict a~plication of the
Ordinance would produce practical difficulties or unnecessary
hardship because this right-of-way has been used for many years
as access for a large summer celony at the end ef the right-of-
way which is 15 fto wide and in good condition. Applicant cannot
secure a building permit without this recognition of access~ The
hardship created ms unique and would not be shared by all properties
alike in the i~nediate vicinity of this property and in this use
district because there is only one other lot available on this side
of the right-of-way and that would also be used for a residence° At
present applicant has a house trailer located on his lot which will
be removed upon completion of his house. The variance does observe
the spirit of the Ordinance and would not change the character of
the district because the use of the property will be residential
in keeping with the area~ there being other residences on this
right-of-way and a summer colonylTat the far end of its therefore
On motion of Mr. Gillispie~ seconded by Mr. Bergen, it was
RESOLVED that John Higgins be granted recognition of access
to his lot located on the southwest side of Sage Boulevard~ Greenport,
New York.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and Mr.
Grigonis.
Southold Town Board of Appeals -3-
March 29, 1962
On motion of Mro Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that the minutes of the meeting of March 27, 1962 be
approved as submitted.
Vote of the Board: Ayes:- Mro Gillispie, Mro Bergen, and Mr.
Grigonis.
PUBLIC P~E~ARING: Appeal No. 436 - 7:40 P.M. (E.S.T.)~ upon
application of Joella and Barrie Vreeland, 63 Haymaker Lane~ Levittownt
New York~ for recognition of access in accordance with State of New
York Town Law~ Section 280Ao Location of property: west end of
Central Drive~ Mattituck, New York, bounded no~th~y Long Island
Sound, east by Frank Wills, south by pzoposed right-of-way (Pike),
and west by Otis J. Pike. No fee - access:
The Chairman opened the hearing by reading application for
recognition of access, legal notice of hearing and affidavit
attesting to its publication in the official newspaper.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. BARRIE VREELAND, 63 Haymaker Lane~ Letitto~a~ New York: I
will answer any questions the Board might have.
THE CHAIRMAN: Has the right-of-way been cleared as yet?
M~o VREEk~ND: No, it has not~ We have not taken title and
would not want to spend the money clearing the right-of-way until
we do take title. After we take title we will have a bulldozer
clear the right-of-way and there will be a cleared 15 ft. surface
for~nergency and all other vehicles.
THE CHAIRMAN: Is there anyone present who wishes to speak
mn opposition to this application?
(There was ne response.)
The Board of Appeals finds that strict application of the
ordinance would produce practical difficulties or unnecessary
hardship because applicant's lot is located on an unimproved
right-of-way and building permit cannot be secured without
Southold Town Board of Appeals -4- March 29, 1962
recognition of access° The hardship created is unique and
would not be shared by all properties alike in the immediate
vicinity of this property and in this same use district because'
this property is rolling and irregulat and is just outside of
a subdivision. The variance would observe the spirit of the
Ordinance and would not change the character of the district
because this will be a right-of-way into an area which will
be strictly residential in keeping with the area, therefore
On motion of Mr. Gillispie, seconded by P Ir. Grigonis, it was
RESOLVED that Joella and Barrie Vreeland be granted temporary
access to their property located at the west end of Central Drive~
Mattituck, New York.
A certificate of occupancy shall not be issued until the
Building Inspector has given final approval of access over this
right-of-way.
The right-of-way is described as follows: Running westerly
from the existing dead-end of Central Drive (a Town highway in the
Captain Kidd Estates Subdivision), continuing southwesterly along
the southerly line of property of Barrie & Joella Vreeland and
Frank Wills to the property of Otis J. Pike and others.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and
Mr. Grigonis.
PUBLIC PrEpARING: Appeal No. 437 - 7:50 P.M. (E.S.T.), upon
application of Frank Wills~ 609 West 114 Street, New York 25,
New York, for recognition of access in accordance with State of
New York Town Law Section 280A~ Location of property: west end
of Central Drive~ MattituCk~ New York, bounded north by Long Island
Sound~ east by Captain Kidd Estates Subdivision~ south by proposed
right-of-way (Pike), and west by J. & B. ~reeland. No fee - access.
The Chairman opened the hearing by reading application for
recognition of access, legal notice of hearing and affidavit
attesting to its publication in the official newspaper°
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
Southold Town Board of Appeals -5-
March 29, 1962
MR. FRANK WILLS, 609 West 114 Street, New York 25, New
York: I would like to have the remarks Mro Vreeland made apply
to my case. We will be adjoining owners. (See page 3)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response°)
The Board of Appeals finds that strict application of the
Ordinance would produce practical difficulties or unnecessary
hardship because applicant's lot is located on an unimproved
right-of-way and building permit cannot be secured without
recognition of access. The ha:rdsh~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 because
this property is rolling and irregular and is just outside of
a subdivision. The variance would observe the spirit of the
Ordinance and would not change the character of the district
because this will be a right-of-way into an area which will be
strictly residential inkeeping with the area, therefore
On motion of Mr. Gillispie, seconded by Mr. Grigonis~ it was
RESOLVED that Frank Wills be granted temporary access to
his property located at the west end of Central Drive, Mattituck,
New York.
A certificate of occupancy shall not be issued until the
Building Inspector has given final approval of the access over
this right-of-way.
The right-of-way is described as follows: Running westerly
from the existing dead-end of Central Drive (a Town highway in the
Captain Kidd Estates Subdivision), continuing southwesterly along
the southerly line of property of Barrie & Joella Vreeland and
Frank Wills to the property of Otis J. Pike and others.
Vote of the Board: Ayes:- Mr, Gillispie, Mr. Bergen, and
Mro Grigonis.
Southold Town Board of Appeals -6- March 29, 1962
PUBLIC PIEARING: Appeal No. 438 - 8:00 P.M. (E.S.T.), upon
application of Harold Wilsberg~ Ole Jule Lane and Krause Road,
Mattituck, New York, for a variance in accordance with the Zoning
Ordinance, Article III~ Section 306, for permission to reduce
front yard setback on a corner lot. Location of property: Krause
Road and Ole Jule Lane~ Mattituck, New York, bounded north by
Krause Roadt east by Ole Jule Lane, south by 01e Jule Lane, and
west by E. & O. Wilsberg. Fee paid $15.00.
The Chairman opened the hearing by reading application for a
variance, legal notice of hearing and affidavit attesting to its
publication in the official newspaper°
THE CHAIRMAN: The Board has been down to this property and
inspected it and found it to be a unique piece of property as it
is bordered on three sides by public roads.
Is there anyone present who wishes to speak for this appli-
cation?
Mt~. HAROLD WILSBERG~ Ole Jule Lane and Krause Road, Mattituck~
New York: I have nothing to add to the application. I would be
glad to answer any questions the Board might have.
THE CPiAI~: Is there anyone present who wishes to speak
against this application?
(There was no response°)
The Board of Appeals finds that strict application of the
Ordinance would produce practical difficulties or unnecessary
hardship because the layout of the existing house requires that
the addition be erected at a point where the setback reduction
is requested. The hardship created is unique and is not shared
by~l properties alike in the immediate vininity of this property
and in this use district because this property is bordered on three
sides ~y public roads. The variance would observe the spirit of
the Ordinance and would not change the character of the district
because the setback of the existing house is over the minimum
requirement and would in no way harm the neighborhodd if this
reduction in setback is granted~ therefore
On motion of Mr...Gillispiet seconded by Mr. Bergen, it was
Southold Town ~oard of Appeals -7- March 29,~ 1962
RESOLVED that Harold Wilsberg be granted permission to
reduce front yard setback on his corner lot located at Krause
Road and Ole Jule Lane~ Mattituck, New York.
Vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen, and
Mr. Grigonis.
Mr. Harry Pnmillo, Jr., Cutchogue, New York~ appeared
before the Board of Appeals to present an application for a
special exception for the erection of a miniature golf course
in the rear of thepremises known as the "Fisherman's Res~ Main
Road, Cutchogue. This property is presently "B" Business.
On motion of Mr. Bergen, seconded by Mr. Grigonis~ it was
RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.~T.)~
Thursday, April 12, 1962, Town Clerk Office, Main Road, Southold,
New York as time and place for hearing upon application of Harry
Pumillo~ Main Road~ Cutchogue, Ndw York, f~ a special exception
in accordance with the Zoning Ordinances Article IV, Section 400~
Subsection 7, for permission to construct a place of amusement.
Location of property: Main Road~ Cutchogue, New York, bounded
north by Main Road, east by J. Wickham Estate, south by Fire
District property, and west by Ho Pumitlo and Levin & others.'
Vote o~f!the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ and
Mr. Grigonls.
It was FURTHER RESOLVED that legal notice of the hearing be
published in the official newspaper on April 5, 1962.
Vote of the Board: Ayes:- Mr. Giltispie~ Mr~ Bergen, and
Mr. Grigonis.
Messrsl Charles Dougherty, Walter Luce, Ernest Radford and
Arnold Larsen appeared before %he Board to informally discuss
signs and in particular what the outcome will be relative to the
expiration date for all signs which do not conform to the Zoning
Ordinance. The Chairman advised that there has been no definite
decision made, but the expiration date is April 23rd. Further
discussion was held on this subjec~
Southold Town Board of Appeals -8-
March 29~ 1962
Mr. Elmer Oft of Orient appeared before the Board to discuss
the operation of a small mail order business from his home° There
would be no signs advertising this home business, no advertising in
the local newspapers and no employees. He would only be using the
locals mails to receive correspondence from his clients~ but would
not mail books or periodicals directly from his home, they would be
mailed from the firms themselves. After considerable discussion the
Board stated that they would have no objection to this proposal, but
the Chairman would speak to the Town Attorney relative to the legality
of the proposal and forward a letter to Mr. Ott.
Mr. Edwin King appeared before the Board and stated that he is
starting a marina on the east side of Narrow River Road~ Orient,
In the beginning he built this marina for his own personal user but
others have asked to rent space. ~e also would like to install gas
tanks. The Board advised Mr. King that he would have to apply for
a special exception to have a marina in the residential-agricultural
district and to file for same as soon as he has made his final plans.
On motion of Mr. Bergen, seconded by Mr. Grigonis~ it was
RESOLVED that the minutes of the meeting of March 15, 1962
be approved as submitted.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Grigoniso
The next meeting of the Southold Town Board of Appeals will be
held 7:30 P.M., Thursday, April 5~ 1962 at the Town Clerk Office~
Main Roads Southold, New York.
Meeting adjourned at 10:45 P.M.
Respectfully submitted,
Judith To Boken, Secretary