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Home My WebLink AboutZBA-11/23/1962 SOUTHOLD, L.I., N.Y. ' T~,lephone SO 5-2660 APPEAL BOARD MEMBERS Rober+ W. ®i][is~[e, Jr., Chalrrn~n Roberf E%rgen Herberf Rosenberg Charles ®regonis, Serge Doyen ,Jr, MINUTES SOUTHOLD TOWN BOARD OF APPEALS November 23, 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., ~riday~ November 23, 1962 at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert We Gillispie, Chairman, Robert Bergen, and Herbert-Rosenbergo Absent: Messrs. Charles Grigonis, Jr., and Serge Doyen, Jr. PUBLIC HEAR]I~G: Appeal NOo 528 ~ 7:3~ P.M. (E.S.T.)~ upon application of-Eugene Horton, New Suffolk Avenue, New Suffolk~ New York, a/c Irma Merrill, Broadwaters Drive, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article iii, Section 306, for permission to reduce front yard setback on a corner lot to 25 feet. Location of property: southwest corner of Mason Drive and Broadwaters Drive, Cutchogue~ New ¥ork~ bounded north by Mason Drive, east by Broadwaters Drive, south by The Narrows, and west by R. French. Fee paid $5°00. The Chairman opened the hearing by reading application for a special exceptionz legal notice of hearing, affidavit Southold Town Board of Appeals -2- November 23~ 1962 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? (There was no response.) THE CPLAIRMAN: Is there anyone presentwho wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any questions? (There was no response.) After investigation and inspection the Board finds that this property occupies the entire block between Mason Drive and the water. This lot is 300 feet on Broadwaters and 75 ft~ on Mason upon which the house faces° The west line is not usable for a porch. If a 10 ft. porch is to be erected on the Broadwaters side it will leave a 25 ft. setback. There is no other house nearby that can be affected. Across the street to the north a residence is situated less than 35 ft. setback: Due to the extreme depth of the lot~ 300 feet, the porch will not interfere with any properties in the immediate areao This applicant has complied with the conditions and regulations laid down in the Ordinance for a special exception and therefore On motion of Mr. Gillispie, seconded by Mr. Rosenberg~ it RESOLVRD that Eugene Horton~ a/c Irma Merrill~ Broadwaters Drive~ Cutchogue, New York be granted permission to reduce fzont yard setback on Broadwaters Drive to 25 feet° vote of the Board: Ayes:- Mr. Giltispie~ Mr. Bergen~ and Mr. Rosenberg. Southold Town Board of'Appeals -3, November 23~ 1962 On motion of Mro Bergen~ seconded by Mr. Rosenberg~ it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, December 6, 1962, Town Office, Main Road~ Southold~ New York, as time and place for hearing upon application of Robert L. Hyatt, Horton Point, Southotd, New York, a/c John Avies~ Old Orchard Lane,~ East Mariont 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 or'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. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. It was further RESOLVED that legal notice of hearing be published in the official newspaper on November 29~ 1~2. vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mr. Rosenberg. PUBLIC HEAR/NG: Appeal NOo 529 - 7:45 P.M. (E.S.T.)~ upon application of Robert and Agnes Friedman, Bay Lake Drive~ East Marion, New York, for a variance in accordmnce with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to erect a private detached garage in the side yard area of lot located on the west side Bay Lake Drive (Truman Path) Bay Lake Park, East Marion~ New York, bounded north by Jo W. Billman, east by Truman Path~ south by Jo Fo Alexander~ and west by Marion Lake. Fee paid $5.00. The Chairman opened the hearing by reading application for a varianc~ legal notice of hearing, affidavit attesting to itspublication mn the official newspaper and notice to the applicant. THE CHAIPd~AN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -4- N~vember 23~ 1962 Mr. and Mrs. Robert Friedman spoke in favor of the application stating that they have nothing further to add unless the Board needs clarification once application. They stated that the garage would be in exactly the same position if it were attached to the house and since they do not wish. to/attached to the house a variance is necessary. nave it Alsos there is a chimney and fireplace on that side of the house and it would be difficult to attach the garage. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any questions? (There was no response.) After investigation and inspection the Board finds that the question for a garage in the side yard area is based upon an unusual topographical condition. The existing dwelling is located about 70 feet from Marion Lake which lies considerably lower~than the usable part of the lot in question. There is about 35 feet of flat terrain south of the residence° Immediately to the south of the 35 feet the land drops to a deep gully and while there is about 100 feet of lot to the south none of this land is usable due to its very low level° The proposed garage would be about 175 feet from Truman's Path, a private road, and would not in any way change the character of the neighborhood. There is a definite practical difficulty present and the situation is unique. On motion of Mro Giltispie, seconded by Mro Bergen~ it was RESOLVED that ~obert and Agnes Friedman¢~ Bay Lake Drives East Marion,. New York be granted permission to erect a private detached garage in the side yard area of their lots approx- imately 175 fro from Bay Lake Drive and approximately 100 ft. from their southerly side line. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mr. Rosenbergo Southold Town Board of Appeals -5- November 23~ 1962 PUBLIC HEARING: Appeal No. 530 - 8:00 P.M. (E.S.T.), upon application of Peter Frumenti~ Stars Road~ East Marion~ New York~ for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 306~ for permission to reduce front yard setback on a corner lot to 15 feet. Location of the property: west side Stars Road, and south side private right-of- way~ East Marion, New York° Fee paid $5°00. The Chairman opened the hearing by reading application for a special exception~ legal notice of hearings affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRS~N: Is there anyone presentwho 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.) THE CHAIRMAN: Are there any questions? (There was no response.) After investigation and inspection the Board finds that this lot 105 ft. by 120 fto is topographically unusual~ there being only a~out 50 feet of flat surface facing the right--of-way where the applicant proposes facing his residence. The balance of the 120 feet is much lower than the northerly sect~n of the lot. In consequence an undoubted practical difficulty exists and while the normal 35 foot setback on Stars Road w&tl be observed and considerably more than the required westerly side yard will be observed the use of the lot for residential purposes would not be practical unless the right-of-way setback be reduced. The other lot on the block is occupied by a dwelling located not more than 5 feet fzom the property line on the same right- of-way. The conditions laid down in the ordinance for a special exception have been met and the right to an exception exists, Southold Town Board of Appeals -6- November 23~ 1962 On motion of Mro Gillispie~ seconded by Mr~ Rosenbe~g~ it was RESOLVED that Peter Frumenti~ Stars Road, East Marion~ be granted permission to reduce his front yard setback on the northerly corner to 15 feet. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg~ and Mr. Bergen. On motion of Mr. Gillispie~ seconded by Mr. Rosenberg~ it was RESOLVED that the minutes of November 8~ 1962 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie,~ Mr. Bergen~ and Mr° Rosenbergo The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M.s Thursday, December 6= 1962 at the Town Office~ Main Road, Southold~ New York. The Board received from the planning Board the file of Julius Zebroski~ et al~ for an Open Development Area, with a request for comments and suggestions as to how this matter might be handled so that building permits can be issued. The Board ordered this matter held until their next meeting on December 6, 1962. Meeting adjourned at 9:00 P.M. Respectfully submitted~ Judith T. Boken, Secretary