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HomeMy WebLinkAboutZBA-12/06/1962 APPEAL BOARD MEMBERS Rober'~ W, ~i]rlspie, Jr, ChaJrm~n Roberf B'erge~ Herber+ Rosenberg Ch~r[es Gregon[s, ,~r, Serge Doyen ,Jr, SOUTHOLD, L.I., N.Y. T~ieohone SO 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS December 6, 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. (E.S.T.)~ Thursday~ December 6, 1962 at the Town Office,~ Main Road, 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. 531 7:30 P.M. (E.S.T.), upon application of Robert Lo Hyatt, Horton Point, Southold~ New York, a/c John Avies, Old Orchard Lane~ East Marion, New York, for a variance in accordance with the Zoning Ordinance~ Article III, Section 307, for permission to build attached garage on existing dwelling leaving a 2 ft. side yard. Location of property: west side Old Orchard Lane, East Marion~ New York~ bounded north by Howard F. King~ east by Old Orchard Lane~ south by James Getches~ and west by Jean Schneider. 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. Southold Town Board of Appeals -2- December 6~ 1962 THE CHAIRMAN: The layout of this house on Old Orchard Lane indicates a 16 fto side yard on the north side where the garage is proposed to be built and a 25 ft. side yard on the south side and rear yard of 225 ft. We were down there and took pictures and examined the property. Apparently when the building was originally built the driveway was to be on the south side. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT L. HYATT, Southold: I believe~erything is in the application. MR. HOWARD TERRY: That house isn't set square with the property lines° It may be parallel to the road but not to the property lines. MR. HYATT: When you were down looking at the property~ did any of the neighbors object to this addition? THE CHAIRMAN: Mr. King did not like the side of the garage coming to within 2 feet of his lineo MR. HYATT: Than I would suggest that you deny this appli- cation° MR. ROSENBERG: Did you know that when Mr. Bauer built this house he left room on the south side for the garage and he also placed the shrubs with that in mind. In the back there was one tree that would have to be removed and he often used that side for his driveway. Where a porch is indicated~ that is hardly a porch, they are just steps. In Gardiners Bay'~states there are very strict covenants and you can't put up anything without getting Thorp§ written permission. 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 present residence was erected about 10 years ago and at that time a garage was planned in the south rear yard area and shrubbery was placed accordingly. ~nere is ample room for a driveway. The cesspools were placed in the north rear yard. Southold Town Board of Appeals -3- December 6, 1962 There are no practical difficulties or hardships involved- in the placement of the garage as provided in the Ordinance. The existing porch mentioned in the application for a building permit is non-existent. Severe restrictions are found in all deeds for property in the development. Therefore on motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Robert Lo Hyatt~ a/c John Avies~ Old Orchard Lane, East Marion~ New York, be denied permission to build attached garage on existing dwelling leaving a 2 ft. side yard. Vote of the Board: Ayes:- Mro Gitlispie~ Mro Bergen~ Mr. Rosenberg~ and Mr. Grigoniso On motion of Mr. Gillispie, seconded by Mr. Rosenberg~ it wRs RESOLVED that the minutes of November 23, 1962 be approved as submitted. Vote of the Board: Ayes:- Mro Gillispie~ Mro Bergen~ Mr. Rosenberg, and Mr. Grigonis. Southotd Town Board of Appeals -4- December 6, 1962 The Board of Appeals forwarded the following letter to the Planning Board in response to their request for comments relative to the application of Julius Zebroski, et al, for an Open Develop- mentArea: "Mr. John Wickham, Chairman Southotd Town Planning Board Southold, New York Dear Mr. Wickham: "A meeting was arranged for Saturday~ December 1~ 1962, 11:00 A.M. among Bob Gillispie, Herb Rosenberg, Julius Zebroski, Joe Snellenburg~ Attorney Giordano representing the owners of the Bay View property under consideration~ and any of his clients who could arrange an appearance. Mr. Giordano and three of his clients appeared as did Gillispie, Rosenberg, and Bob Tasker who offered his good offices to assist. Sneltenburg and Zebroski did not appear. "Technically the Board of Appeats has nothing to do with the legal or zoning aspects of this matter° Snellenburg appeared in June 1961 before the Board seeking access for a lot owned by one of the group of nine or ten owners of the parcel we came together to discuss. We have never had any dealings with them or anyone other than that hearing° "At this point we would like to inform you that in our 528 public hearings and hundreds of informal meetings with the people of this area who came to us for discussions relating to zoning matters we have never witnessed so much misinformation~ violated agreements, broken promises, maneuvers and manipulations, and very much harsher justified wordage could be employed~ as is indicated by the records of this matter° "The formal record in our minutes of June 3~ 1961, which is the date of the only hearing we have held~ will disclose the pertinent facts we uncovered and we suggest that your Board re-read those minutes° A copy was submitted to you at that time and the office copy is avail- able upon request to Mrs° Boken as our official records are filed with the Town Clerk and the copies are in our office which you occupy jointly with us. "~ne present owners of the property have reached the limit of their endurance and they are proceeding to the full extent to enforce the agree~ents. Southold Town Board of Appeals -5- December 6, 1962 "A thick file of the agreements and correspondence was available at the two hour meet~g held on Saturday, December 1, 1962. Many of the letters, ect.~ originated at Terry & Krupski and later from the office of Joseph Snellenburg III. "There is not much point in going into the machinations employed by the seller. The buyers were not represented by counsel and the deeds etc. were made out by Snellenburgo The records and correspondence will speak for themselves° Snellenburg represented the seller. "Counsel for the buyers will accept nothing less than the only permitted legal action required under law, namely a subdivision accept- able to the Planning Board which action will provide a marketable title guaranteed in the deeds° "Er. Giordano has specialized in real estate law for over twenty years and ms well known to and on friendly terms with Bob Tasker. His fine reputation is well established. The group of buyers consists of fine people who are close friends and relatives and who ask only that they be given possession of the property they purchased. "You will find in our minutes of the only official contact we have had with Zebroski and his attorney the reasons why access was denied so there is no point in repeating the words of the action. "We suggest, in response to your request contained in your letter of November 21, 1962, that the open development action be denied unless it is withdrawn. As rapidly as possible the surveys and drawings will be made up and a complete application submitted to your Board for approval of a subdivision° Mr. Giordano holds with us that there was never any intent by authority to permit a bold evasion of the sub- division regulations through a device which would allow property to be broken up into parcels of four lots to avoid regulations. Your ~oard has approved several small subdivisions in recent years which are about the size of the present property. "In considering a case before our Board the law does not allow us to be influenced by the past performances of an applicant or the probabilities of his future actions dark as the record may be. Our action in June 1961 was based upon the facts we uncovered in spite of the statements made by the applica~we stand upon that decision. "We have learned that Snellenburg will no longer represent Zebroski as he has placed the matter mn the hands of Walter Kapp Sout/aold Town Board of Appeals -6- December 6~ 1962 who will proceed with all haste to prepare the necessary documents for subdivision° In spite of all that has happened we feel that with your guidance this matter will be brought to a successful conclusion so that the owners of the land will be able to construct the residences they desire. "Very truly yours, /s/ Robert W. Gillispie, Jr., Chairman, Southold Town Board of Appeals." The next meeting of the Southold Town Board of Appeals will b~ held 7:30 P.M., Thursday, December 20, 1962, Town Office, Main Road, Southold, New York. On motion of Mro Gillispie~ seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:30 P.M.~ Thursday, December 20, 1'962~ Town Office, Main Road, Southold~ New York as time and place' for hearing upon application or'salon De Goubeaud, Youngs Avenue,~ South01d, New York, for a special exception in accordance with the Zoning Ordinance~ Article IV, Section 408, for permission to erect second wall sign on the north side wall of business building in lieu of a ground sign° Location of property: west side Youngs Avenue, SoUthold, New York, bounded north by Socony Vaco Oil Coo, east by Youngs Avenue, south by E. Purcell, and west by T. Frohnhoefer. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Rosenberg~ seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.S.T.), Thursday, December 20, 1962, Town Office, Main Road, Southold~ New York as time and place for hearing upon application of Tempest Homes Corpo, Route 25A~ Rocky Point~ New York~ for recognition of access in accordance with the New York State Town L~w, Section 280A. Location of property: south side Mill Road, Mattituck, New York~ bounded north by Mattituck Holding Co., east by Holmes, south and west by Mattituck Holding Coo Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr~ Rosenberg, and Mr. Grigoniso Southold Town Board of Appeals -7- December 6~ 1962 It was further RESOLVED that legal notice of hear~g be published in the official newspaper on December 13, 1962. Vote of the Board: Ayes:- Rosenberg~ and Mr. Grigoniso Mr. Gillispie~ Mro Bergen~ Mr. The Chairman informed the Board that the R.C.A. lease at Stephenson Beach, Orient, has terminated and R.C.A. promised to remove the building on the property by December 1st and they have done so. Meeting adjourned at 9:00 P.M. Respectfully submitted~ Judith T. Boken, Secretary