HomeMy WebLinkAboutZBA-02/01/1962$outhoicl Town Board o f. Appeals
SDUTHDLD, L. I., N. TelephoneSO5~600
APPEAL BOARD
MEMBERS
Robert W. Gillimi¢, Jr., Chairman
Robert Bergen
Herbert Rosenberg
Charles Gresonis, Jr.
Serge Doyen~ Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
February 1, 1962
A regular meeting of the Southold Town Board of Appeals
was held 7:30 P. Mo, Thursday, February 1, 1962 at the Town
Clerk Office, Main Roadz Southold~ New York.
There were present: Messrs. Robert'W. Gillispie, Jr.,
Chairman, Robert Bergen~ Herbert Rosenberg, and Charles
Grigonis~ Jr.
Absent: Mr. Serge Doyen, Jr.
PUBLIC HEARING: Appeal No. 427 - 7:30 P.M. (E.S.T.),
upon application-of Rose A. Caputo, 2130 Harmon Street, Ridgewood
27, New York, for recognition of access in accordance with State
of New York Town Law, Section 280A. Location of property:
private right-of-way on the east side of Rocky Point Road, East
Marion, New York. Property bounded north by Stamos~ east by
Aquaview Realty Corp., south by Rosenberg, and west by private
'right-of-way. 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.
Southold Town Board of Appeals -2-
February 1~ 1962
THE CHAIRMAN: This application was held up because there
was a question whether the owner of a lot could apply for access
over someone elses right-of-way and it was clarified by a letter
from Miss Caputo which stated the right-of-way was referred to
in the antecedent deeds of its predecessors in title. After
consultation with our Town counsel it was learned that the right-
of-way extended to Miss Caputds deed even though it,s not noted
in the deed.
Is there anyone present who wishes to speak for this appli-
cation?
(There was no response°)
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 is entitled to use the 50 ft. right-of-way extending
from Cedar Drive to Rocky Point Road and access to property of
Caputo is granted with the condition that the present 50 ft.
right-of-way which is now overgrown and impassable for emergency
vehicles be improved to a width of at least 15 feet~ either
between the lot in question and Rocky Point Road or Cedar Drive
or both if the applicant so desires.
The Board further finds that 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 the variance does observe the spirit of the Ordinance and
would not change the character of the district.
On motion of Mro Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that Rose A. Caputo be granted recogni~on of access
in accordance with State of New York Town Law, Section 280A.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg~ and Mr. Grigonis.
Southold Town Board of Appeals -3- Pebruary 1, 1962
PUBLIC HEARING: Appeal N. 428 - 7:45 P.M. (E.S.T.), upon
application of George W. Smith & Sons, Main Road, Southold, New
York, for a variance in accordance with the Zoning Ordinance,
Article III~ Section 303 and Article X, Section 1000A, for
permission to reduce frontage and use as a single lot. Application
on behalf of Dro William Ro Riley, Richmond Hill, New York°
Location of property: south side Watersedge Way, Southold, New
York, bounded north by Watersedge Way, east by Lot 3 in Terry
Waters Subdivision, south by Peconic Bay and west by other land
of W. P. Riley. 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 CPIAIRMAN: 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 responses)
After investigatbn and inspection the Board finds that the
applicant purchased the two lots in question prior to the sub-
division and it is the only property not included in the filed
map. As stated in the application the lots were purchased as
two separate parcels.
The Board feels that it would be an unnecessary hardship
to deny the separation of this parcel into the two lots which
were purchased before the subdivision. The lets have ample
area.
No side yard variance is included in this action.
This is a unique situation not shared by adjoining property
owners and would not change the character of the district°
On motion of Mr. Gillispie, ~econded by Mro Bergen~ it was
RESOLVED that Dr° William R. Riley be granted permission
to reduce frontage and sell as a single lot the following
described property:
Southold Town Board of Appeals -4-
February 2, 1962
Beginning at an iron pipe set on the southwesterly line of
Watersedge Way at the northerly corner of Lot 3 as shown on "Map
of Terry Waters", filed at the Suffolk County Clerk's Office
December 29, 1958 as map number 2901, said point of'b~ginning
being the easterly corner of land of the party of the first part;
running from said point of beginning along said LOt 3 S.23°37'
50"W. 210 feet to ordinary high water mark of Peconic Bay; thence
along said ordinary high water mark N. 65°41~10"W. 100 feet; thence
along land of the party of the first part N. 29°06'00"E. 209.77
feet to the southwesterly line of Watersedge Way; thence along
the southwesterly line of Watersedge Way S.66°22'10"E. 80 feet to
the point of beginning.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergent Mr.
Rosenbergt and Mr. Grigonis.
~r. Finkelstein, an attorney from Riverhead, appeared
before the Board for an informal discussion relative to a sign
erected in Mattituck in violation of the Ordinance by Frederick
Bernhardt° Mr. Finkelstein stated that Mr. Berhhardt applied
for four signs last May and did not apply for the sign in question
as he thought it was in Riverhead Township. Mr. Bernhardt made
an application to keep this sign after he was notified of the
violation, but the application was denied by the Board.
Pinkelstein wished to know why the sign had been denied and if
he could reapply for this sign.
The Board stated that this sign had been de~ied because
the location was not faund to be in harmony with or promote the
general purposes and intent of the Ordinance. In fact, it was
actually an a~vertising sign rather than a directional sign.
Many other signs had been applied for in this area and had been
denied. Mr. Finkelstein stated that he would relay the information
to Mr. Bernhardt.
On motion of Mr. Rosenberg, seconded by Mr. Bergen, it was
RESOLVED that the minutes of themeeting of January 22, 1962
be approved as submitted.
vote of the Board: Ayes:- Mr. Gillispie, Mr. Berge~ Mr.
Rosenberg~ and Mr. Grignois.
Southold Town Board of Appeals -5- February 2, 1962
The Chairman stated that Mr. Theodore Rohloff had spoken
to him informally relative to a piece of property in Orient
belonging to the Jaeger Estate. There is an old house on the
property which has not been occupied since approximately 1928.
Mr. Rohloff wished to know if this house could be utilized for
the storage of his electrical equipment and if his wife could
have a greenhouse and possibly sell home-grown flowers. He
further wished to know if he could sell electrical appliances.
The Board wished a letter forwarded to Mr. Rohloff stating
that the use of the property to grow flowers with or without a
greenhouse and to sell home-grown flowers is a permitted use.
Also, there would be no objection to his use of the buildings
on the property for the storage of electrical equipment. How-
ever the uee of the property which would involve the sale of
appliances on a formal basis would not be permitted°
The Board next discussed the property of Mrs° William Ho
Wasson located on the south side of Peconic Bay Boulgvard, Laurel.
On this property there are two 1~ story dwellings. ~rs. Wasson
would like to divide the property into three parcels% One parcel
on Great~Peconic Bay of approximately 150 ft. by 200 ft.~ and two
parcels on Peconic Bay Boutevard~ one having 85 ft. frontage by
approximately 185 ft. in depth and the other approximately 70 ft.
frontage by 215 ft. in depth.
The Board considered this matter thoroughly and decided
that they would not approve of dividing this property into three
lots but would be favorably inclined toward two lots, one on
Peconic Bay Boulevard and one on Greta Peconic Bay.
The Board of Appeals next discussed the property of W. Harry
Lister at "Fleets Neck", Cutchogue. A map of this property
was forwarded to the Board for the purpose of considering
variances on six lotso The Board of Appeals wished this map
referred to the planning Board because of the fact it contains
more than four lots and could be considered a s~bdivision.
The meeting adjourned at 10:00
Respectfully submitted~