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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