HomeMy WebLinkAboutZBA-10/25/1962 APPEAL BOARD
MEMBERS
Roberf W. ®~IJispie, Jr., Ch~[rm~n
Roberf Bergen
Herberf Rosenberg
Charles ®reg,on]s, ,~r.
Serge Doyen, Jr.
SC]UTHI]LD, L.I., N.Y.
T~leohone SO 5-2660
MINUTES
SOUTHOLD TOWN BOARD OF APPF~LS
October 25, 1962
A regular meeting of the Southotd Town Board of Appeals was
held 7:30 P.M.~ Thursday~ October 25, 1962 at the Town Office~
Main Road, Southold~ New York.
There were present: Messrs. Herbert Rosenberg, Acting
Chairman, Robert Bergen~ and Charles Grig'onis~ Jr.
Absent: Messrs. Robert W. Gillispie, Jr. & Serge Doyen~ Jro
PUBLIC HEARING: Appeal No. 523 - Application of James P.
Heath. This hearing was recessed from October 11, 1962.
Mr. Rosenberg~ Acting Chairman opened the hearing by reading
the part of the minutes of October 11, 1962 pertainin~the Heath
appeal.
WILLIAM WICKHAM, ESQ. I have discussed this with Mr. Heath
and we would like to amend our request and ask if you would look
with favor on a 12 foot addition. That would mean a setback of
a~proximately 20 feet. This is just a little ahead of the Burden
Southold Town Board of Appeals -2- October 25, 1962
house. There was a 7 ft. porch on the house before and we would
like to remove it and extend the addition a little further than
it is now.
MR. ROSENBERG: The 8 ft. porch which was on the house brought
the front even with the Burden house. We are required to strike an
average. The Burdenhouse is 26 feet and the average setback on the
south side of the h~uset is 42 feet and on the north side it is 36
feet. The reason this hearing was recessed before is because the
Board did not think the addition should be advanced further than
26 feet which it is at present. You are asking for it to be 10
ft. closer than the house on the north and 16 fro closer than the
house on the southo
MR. WICKHAM: The original restrictions in the subdivision was
25 feet~ however they were extinguished in 1948 or ~, they went
on in ~25 or ~26 for 15 years° ~nat is a closer average to go by
than the 30 ft. or 40 ft. the houses were actually set back. Our
request does go beyond the 25 ft. but it does seem reasonable.
MR. ROSENBERG: The original restrictions put on by the owner
of the property in 1925 have no bearing on the regulations in the
Ordinance.
MR. WICKHAM: Yes~ that is true.
(There was some discussion relative to the 25 ft~ setback
restriction in the deeds of this subdivision.)
Mi{. ROSE_k/BERG: It is a hardship from your point of view but
you have not been able to provs~a t~a~dship for the Board to act on.
MR. WICKHAM: Your limit would be to the porch which was there
be for e o
MR. ROSENB~RG: Yes°
MR. WICKHAM: Than we wish permission to go out the 8 feet.
After investigation and inspection the Board finds no basis
for a variance. The average setback of the five houses on the north
side of the Heath Residence is 36 feet and on the south side 42 feet.
The variance sought would be for the benefit solely of the applicant
Southold Town Board of Appeals -3- October 25~ 1962
and would be contrary to the intent and regulations of the
Ordinance and is not a unique situation and no hardship or
practical difficulty is involved.
On motion of Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED that James Po Heath be denied permission to extend
the front of his dwelling any further than the existing front
line, but he may enclose the entire width of the front of the
house to the existing 8 ft. depth. Location of property:
east side Sigsbee Road, Mattituck, New York.
Vote of the Board: Ayes:- Mr. Rosenberg, Mr. Bergen, and
Mro Grigoniso
On motion of Mr. Grigonis,. seconded by Mr. Bergen, it was
RESOLVED that the minutes of October 12, 1962 be approved~
as submitted.
Vote of the Board:
Mr. Grigonis o
Ayes:- Mr. Rosenberg, Mro Bergen~ and
PUBLIC HEARING: Appeal No. 525~- 8:00 P.M. (E.D.S.T.)~
upon application of John H. Molitor~ 501 West 7th Street, Plainfield,
New j~rsey, for a special exception in accordance with the Zoning
Ordinance~ Article III~ Section 306, for ~mission to reduce front
yard setback on~a corner lot. Location of property: LOt No. 32,
Cleaves Point Section 2, west side Snug Harbor Road, East Marion,
New York~ bounded north by Lot Noo 33, east by Snug Harbor Road,
south by Reserved area or'Cleaves Point Corp., and west by Gull
Pond. Fee paid $5.00.
Mro Rosenberg, Acting Chairman, opened the hearing by read-
ing application for a special exception, legal notice of hearing~
affidavit attesting to its publication in ~the official newspaper
and notice to the applicant~
Southold Town Board of Appeals -4- October 25~ 1962
MR. ROSENBERG: Is there anyone present who wishes to speak
for this application?
MR. JOHN B~tIER, Greenport, New York: Yes~ I would. We
would not like to cut down on the sizeof the buildin9. We do
have 33 feet on the south besid~ the reserved area. Nothing
will ever be built there, it will be given to the Town if the
roads are made public°
MR. ROSENBERG: Is there anyone present who wishes to speak
against this application?
(There was no response.)
MR. ROSENBERG: We were down there and looked at the lot
and there does not seem to be any objection° W~at you are asking
on Snug Harbor Road is correct and the requested reduction is
satisfactory on the south.
After investigation and inspection the Board finds that the
plot involved is a corner lot facing 100 ft. on Snug Harbor Road
and 160 ft. on the larger reserved for public use area.
The applicant is able to observe the normal side yard and
front yard and rear yard restrictions with the exception of the
reserved area where he requires permission to reduce the 35 ft. by 2
f~. The reserved area is for future use for parking and approach
to the water.
The conditions imposed by the ordinance having been complied
with a special exception is granted this applicant.
On motion of Mr. Grigonis, seconded by Mr. Bergen, it was
RESOLVED that John H. Molitor be granted permission to reduce
the front yard setback on the southerly side of his property to
33 feet° Location of property: Lot No. 32~ Cleaves Point Section
2, East Marion~ New York°
Vote of the Board: Ayes:- Mr. ~R~n~, Mr. Bergen, a~d
Mro Grigonis.
Southold Town Board of Appeals -5- October 25~ 1962
PUBLIC HEARING: Appeal No. 525 - 8:15 P.M. (E.D.S.T.)~
upon application of Edward G. Abitz~ Reeve Avenue~ Mattituck,
New York, a/c John Winters, 4331 White Plains Road, Bronx 66,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 300~ Subsection 7~ for permission to move
dwelling and convert into an accessory building in the front yard
area of lot located on the north side private road, Luptons Point,
Mattituck~ New York~ bounded north by. Deep Hole Creek, east by
R. L. Bleimiller, south by Luptons Point Road~ and west by
William C. Easke, Fee paid $5.00.
Mr. Rosenberg opened the hearing by reading application for
a variance~ legal notice of the hearing, affidavit attesting to
its publication in the official newspaper, andnotice to the appli-
cant.
MR. ROSENBERG: Is there anyone present who wishes to speak
for this application?
MR. JAMES OLSEN, Greenport, New York: Mr. Winters would like
to move the existing house from the property altogether and he
would like a variance to build a new garage on the property.
The dimensions of the garage will be 20 fto by 30 ft. which is
the same size as the existing house. He was going to move the
existing house and convert,into a garage but he has decided
against that.
MR. ROSENBERG: The question is whether we will permit it to
be located 14 fto back from the front property line or it should
be located 19 ft. in line with the adjoining garage. There is
nothing topographical about the land where the garage is to be
placed. We are willing to have him put a garage in his front yard
because there is one across the street and one along side of him,
but we believe it should be placed in line with the adjoining
garage. We must follow the established line.
MR. OLSEN: I believe he would be agreeable to that. He is
going to build a nice house and garage.
After investigation and inspection the Board finds that
many of the residences in this small area have garages facing
the private road inasmuch as the lots on each side of the road
face water.
Southold Town Board of Appeals -6- October 25, 1962
The house to the east has a garage ab~t 19 ft. from the
road and about 2 feet from the west property line.
The applicant wishes to so place his garage that he may leave
without backing onto the road.
Permission is granted to erect-a garage on the east end of
the lot provided it is no closer than 5 feet from the east property
line and no closer than about 19 feet from the road so that it
will be in line with the garage on the east and with the front line
of the house on the west and the new residence to be erected by the
applicant.
Since filing his appeal the applicant has altered his plan
a~d in lieu of using the present residence will dispose of it and
construct a new garage.
On motion of Mr. Bergen, seconded by Mr. Grig~ls~ it was
RESOLVED that Edward G. Abltz~ a/c John Winters be granted
permission to erect private detached garage on the east end of his
property provided it is no closer than 5 feet from the ea~ property
line and no closer than about 19 feet from the road so that it
will be ~n line with the garage on the east and with the front line
of the house on the west and the new residence to be erected.
Location Of property: north side private road~ ~u~$ons Point,
Mattituck~ New York.
vote of the Board: Ayes:- Mr. Rosenberg~ Mr. Bergen, and
Mr. Gr igonis.
On motion of Mr. Grigonis, seconded by Mro Bergen, it was
RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T.),
Thursday, November 8, 1962~ Town Office~ Main Road, Southold~ New
York, for hearing upon application of Joseph Romano~ a/c Tollewood
Association, Meday Avenue~ Mattituck~ New York, for a special
exception in accordance with the Zoning Ordinance, Article III~
Section 300, Subsection3A, for permission to establish a private
community marina at the northerly end of Illinois Avenue, Tollewood
Subdivision~ Mattituck, New York.
Southold Town Board of Appeals -7- October 25~ 1962
Vote of the Board: Ayes:- Mr. ~O~erg, Mr. Bergen, and
Mro Grigoniso
On motion of Mr. Bergen, seconded by Mro Grigonis, it was
RESOLVED that the Board of Appeals set 7:45 P.M. (E.S.T.)~
Thursday, ~ovember 8, 1962~ Town Office, Main Road, Southold~ New
York as time and place for hearing upon application of Charles K.
Bittner, Main Street, New Suffolks New York, for a variance in
accordance with the Zoning Ordinance, Article Iv~ Sectbn 400~
Subsection 1~ as it refers to Article III~ Section 303~ for permission
to divide property into two parcels each containing insufficient
frontage and area~ Location of property: south side Main Street,
east side Second Street, New Suffotk~ New York~ bounded north by
Main Street~ east by F. Flurry, south by Parker and A. Polashock,
and west by Second Street.
Vote of the Board: Ayes:- Mro Rosenberg~ Mro Bergen= and
Mr. Grigonis.
It was further RESOLVED that legal notice of hearing be
published in the official newspaper on November 1~ 1962o
Vo~ e of the Board: Ayes:- Mro Rosenberg~ Mr. Bergen~ Mro
Grigoniso
The next meeting of the Southold Town Board of Appeals will
be held 7:30 PoM., Thursday, November 8~ 1962 at the Town C~ice~
Main Road~ Southold, New York.
Mro Rosenberg informed the members of the Board that he had
submitted his resignation to the Supervisor e~fective December 31,
1962o
Meeting adjourned at 9:30 P.M.
Respectfully submitted,
~h T. Boken, Secretary