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HomeMy WebLinkAboutZBA-10/11/1962 APPEAL BOARD MEMBERS Roberf W. ®ilJisoie. Jr., Che]rrnan Rober~ ~ergen Herbeff Rosenberg Serge Doyen Jr~ -~OUTHOLD, L.I., N.Y. Telephone SO 5-2660 MINUTES SOUTHOLD TOE BOARD OF APPEALS October 11, 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 ~LM. (EoD. S.T.), Thursday, October 11, 1962 at the Town Office, Main Road~ Southold~ New York. There were present: Messrs. Robert W. Giltisple, Jr., Chairman~ Robert Bergen, ~erbert Rosenberg, and Charles Grigonis, Jr. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal NOo 519 - 7:30 P.M. (E.D.S.T.), upon application of Edna A. Brown, Main Road, East Marion, New York, a/c Hildegard Hawkins, 2807Spangler Road, Bowie~ Maryland, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A~ for permission to divide property into two parcels with reduced frontage and insufficient area. Location of property: south side Main Road, East Marion, New York~ bounded north by Main Road, east by A. Limouze Estate, south by Bay, and west by A. Steinhart. Fee paid $5.00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidavit attSsting to its publication in the official newspaper and notice to the applicant° Southold Town Board of Appeals -2- October 112 1962 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. EDNA BROWN~ East Marion~ New York: I am representing Mrs. Hawkins. I have showed it to a number of people and no one seems to want both houses. The division we ~lked about some time before did not work out to give enough land to the larger house on the waterfront. THE CHAIRMAN: Is there anyone present who wishes to speak against this application ? (There was no response.) THE CHAIRMAN: Have you discussed with Mrs. Hawkins selling the entire parcel? MRS. BROWN: Yes~ but they would like to sell it separately so that she can keep the small cottage for herself. THE CHAIRMAN: If this were done it would be the smallest division the Board has ever made. We can see Mrs. Hawkins: desire to sell the houses separately but if this were divided the smaller lot would be left with only about 4~700 square feet of area~ and a 14.2 ft. fron ~ge and 38 feet on the water. This would be completely impossible. We cannot see any way this property can be divided and it will have to remain as one parcel. T~E CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that the applicant has not produced any evidence to support a hardship or practical difficulty. She proposes to cut off approximately 4700 sq. feet with a road frontage of 14 feet and ~spose of the balance of the parcel. The applicants situation is not unique and to cut off a lot with 14 ft. frontage would change the character of the neighborhood. On motion of Mr. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that Edna A. Brown, a/c Hildegard Hawkins be denied permission to divide property into two parcels with reduced frontage and insufficient area. Location of property: south side Main Road Southold Town Board of Appeals -3- October 11~ 1962 East Marion, New ¥orko Vote of the Board: Ayes:- Mr. Gillispie~. Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. PUBLIC HEARING: Appeal Noo 516 - 7:45 P.M. (E.D.S.T.), upon application of Ro Dalder & Sons, 111 Beach Road~ Westhampton Beach~ New York, a/c Mary Milligan, 76 Denhoff Avenue~ Freeport, New York, for a variance in accordance with the Zoning Ordinance~ Article III Section 300, Subdivision 7~ for permission to erect private detached garage in the front yard area° Location of property: south side private right-of-ways off of Camp Mineola Road~ Mattituck~ New Yo~. Property bounded north by right-of-way~ west by W. Tufano, east by J. Peters~ and south by Peconic Bay. 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. TP~ CHAIRMAN: 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 agai~ t this application? (There was no response°) After investigation and inspection the Board finds that there is definitely a practical difficulty involved if a garage were to be placed in the front yard as all houses along this private road are so placed that a garage must be located on the road front° There are garages on various properties adjacent and the Board feels that this applicant should be granted a variance as have others in this same area where the conditions are similar. On motion of Mr° Gillispie~ seconded by Mr. Bergen, it was RESOLVED that R. Dalder & Sons, a/c Mary Milligan be granted permission to erect private detached garage in the front yard area of her property located on the south side private right-of-way~ off Southold Town Board of Appeals -4- October 11~ 1962 of Camp Mineola Road~ Mattituck, New York. This garage shall be no closer t~an 1D. fe~t $o the front (road) property line and no closer than 5 feet to vdae easterly ±ine. Vote of the Board: Ayes:- Mro Gillispie~ Mr. Bergen~ Mro Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 517 - 8:00 P.M. (E.D.S.~)~ upon application of Elizabeth Olsen, Jackson and First Streets, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Se ction 303, for permission to erect cottage on lot with reduced frontage. LocatiOn of property: south side Jackson Stre~t~ New Suffolk~ west side First-Street~ bounded north by Jackson Street~ eastby First Street, south by Peconic Bay ~ and west by Second Street. 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. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) TRE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response°) After investigation and inspection the Board finds that this cottage was located on the beach front of land owned by the applicant° The beach has been leased to the Town of Southold and the applicant wishes to move the cottage to a portion of her land not leased to the Town. There are two cottages on the street frontage and the Board feels that the cottage in question should be moved to the area where the other cottages are located provided it is not closer than 5 feet from the cottage on the west and not closer than 20 feet to the residence on the east and in line with the cottages and residence. On motion of Mr. Gillispie~ seconded by Mr. ~igonis~ it was Southold Town Board of Appeals -5- October 11~ 1962 RESOLVED that Elizabeth Olsen be granted permission to erect cottage on lot with reduced frontage and this permission is granted provided this cottage is not closer than 5 feet from the cottage on the west and not closer than 20 feet to the residence on the east and in line with the cottages and residence. Location of property: south side Jackson Street, New Suffolk~ New York. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mro Rosenberg, and Mro Grigoniso PUBLIC HEARING: Appeal NOD 518 - 8:15 P.M. (E.D.S.T.)~ upon application of Manuel Do Gloria and Dorothy Gloria~ Ninth Street, Greenport= New York~ for a variance in accordance with the Zoning Ordinance~ Art~c~ III~ Section 303 and Article'X~ Section t000A~ for permission to establish a lot with reduced area, leaving a lot with reduced area. Location of property: south side Flint Street= Greenport= New York, map of Greenport Driving Parka bounded north by Flint Street~ east by O. Shedrick~ south by Testa and Macks and west by O~ Smith. 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. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GEORGE A. McMANN, JR., ESQ.~ Greenport: This area was sub- divided a great many years ago and the easterly area was the Wiggins Estate and that was also divided before. There are primarily 50 foot lots in this area~ that is the way it was sub- divided originally° Most of the lots are substantially less than 12,500 sq. ft. and a great many less than 10,000. This lot has the required 100 ft. frontage but the depth is only 112 feet, making this lot 11~200 Sqo ft. of area. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) Southold Town Board of Appeals -6- October 11, 1962 THE CHA~: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that these two lots were purchased in 1909 and inasmuch as all lots in this area were originally laid out as 50 ft. frontage lots there is no reason why this applicant should not be permitted to use two lots as a single parcel. These lots are in a mapped development filed in 1909., called Greenport'DrivingPark. On motion of Mr. Gillispie, seconded by Mr. Bergen~ it was b RESOLVED that Manuel D. Gloria and Dorothy.GloriaD~granted permission to establish a lot with reduced area. This lot has 100 fto frontage and 112 ft. depth° Location of property: south side Flint Street, Greenport~ New York. Vote of the Board: Ayes:- Mr. Gitlispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grig~nis. PUBLIC HEARING: Appeal No. 5~1 - 8:30 P.M. (E.D.S.T.)~ upon application of Timberland Assoco, Inc. Mott Road, Box 275~ Coram~ New York~ for recognition of access in accordance with the ~ew York State Town Law, Section 280A. Locationof property: north side private right-of-way (Maple Lane)~ off of the east side Grand Avenue~ Mattituck~ New York. Property bounded north by private right-of-way, east by F.~Delman Estate, south by Maple Lane~ and west by A. sutero Fee l~id $5°00. The Chairman opened the hearing by reading application for recognition of access~, legal notice of hearing, affidavit attest- ing to its.publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application2 Southold Town Board of Appeals -7- October 11, 1962 PLR. FRANK BORN~ Coram~ New York: I do. This application is for access to two lots. Access has been given on this right- of-way~ but not as far in as I am requesting. MR. ROSENBERG: How wi~e is the access? MR. BORN: Approximately 30 feet. -'iTHECPLAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After inspection and investigation the Board finds that access to this property is over a passable private road used by other residents and access should be recognized~ On motion of Mro Gillispie, seconded by Mr. Grigonis~ it was RESOLVED that Timberland Assoc., Inc. be granted recognition of access to property located on the north side of a private right- of-way off of the east side Grand Avenue, Mattituck, New York° Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Rosenberg, and Mr. Grig~niSo ~UBLIC HEARING: Appeal No. 522 - 8:45 PoM. (E.D.S. To)~. upon application of Frances and Ralph ~ims, Third Street~ Greenport, New York~ for a variance in accordance with the Zoning Ordinance~ Article III, Section 303 and Section 306 and Section 308, for permission to reduce area, front yard setback and rear yard setback° Location of property: south side Flint Street~ east side Seventh Street, Greenport, New York~ Greenpott Driving Park, bounded north by Flint Street~ east by Po Zelack~ south by P. Zelack~ and west by Seventh Street° Fee paid $5.00. The Chairman opened the hearing by reading application for a varlance~ legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. Southold Town Board of Appeals -8- October 11~ 1962 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MISS SUE HUDSON, ~Greenport: We feel this variance would be in accordance with the Ordinance. If other land beside this property were available it would not help us except for the square footage, and this is the only possible location for the house. THE CHAIRMAN: Is there anyone else 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~nocresponseo) Afterinvestigation and inspection the Board finds that the ~d~velopment wherein the two lots are located was laid out and sold as 50 foot lots. The applicant proposes to use two adjoining lots as one ploto Additional land is unobtainable. A practical difficulty exists and the Board finds that a variance should be granted. Single 50 foot lots are used in this development. On motion of Mr. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that Frances and Ralph Mims be granted permission to reduce area, front yard setback to 34°5 feet on Seventh Street and rear yard setback to 19 feet on their lot located on the east side of Seventh Street and south side of Flint Street~ Greenport Driving~Park~ Greenport, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis~ PUBLIC HEARING: Appeal No. 523 - September 27~ 1962: upon application of James P. Heath, 27-89 Schley'Avenue, Bronx 69, New Southotd Town Board of Appeals -9- October 11, 1962 Yo~k~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 304z for permission to build addition on the front of existing dwelling reducing the front yard setback. Location of property: east side Sigsbee Road~ Mattituck~ New York= Lot NOo 82 on map of Mattituck Park Properties, bounded north by Jo Burden~ east by now or formerly Haggerty. Estate~ south by T. W. Abrams~ and west by Sigsbee Road. 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. THE CHAIRMAN: Is there anyone present who wishes to~eak for this application? WILLIAM WICKHAM, ESQ., Mattituck: I would, I had hoped Mr. Heath could be here tonight but he could not make it at the last moment~ but Mrs. Hea~ sister is here and will answer any questions that you might have. You have corrected my error where ~ stated the house is 32 feet back. I Checked it this afternoon for the mason and we came to 33 ft. 9 in. and the addition would be 17 ft. 9 in. I have photocopies of the sketch prepared by Mr. Heath for the Board to see° The first stage of construction would be to add 16 ft. in the front. It would bring the front of the house to 17 ft. 9 ino from the front property line. Within a year or so he would like to add to the rear putting a kitchen~ and full bath on. The lot is 140 fto in depth and 50 ft. on Sigsbee Road. All the lots in the area are 50 ft. The setbacks on this road are variedz some are in front of the Heath house and some set back further. This is the only way Mr. Heath can carry out his full expansion~ he has six children and the extra bedrooms are badly needed. We do not think it will interfere ~ith any of his neighbors~ as it is notaquestion of building too close to the lineo MR. ROSENBERG: When you say you will not interfere with the neighbors I cannot agree with that because the neighbors house is 26 feet back and you propose 17 feet. (Mr. and Mrs. Philip Dietz~ brother-in-law and sister of Mrs° Heath spoke in favor of the application and answered questions of the Board.) MR. WICEiEAM: Everyone in the area seems to be in favor of this. We have heard of no one in opposition to it. Southold Town Board of Appeals -10- October 1t~ 1962 THE CHAIRMAN: I think that the 17 ft. setback is too close. The a~erage there is 36 feet° I do not say that you should remain at 36 feet~ but 17 feet would be a hardship to your neighbor as they would be faced with a wall in their view to the south. we MR. WICKHAM: Could/be granted a recess until your next meeting so I may discuss this with Mr. Heath? On motic~ of Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that James Po Heath~ Appeal No. 523 be granted a recess until 7:30 P.M., Thursday~ October 25, 1962. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg, and Mr. Grigoniso PUBLIC HEARING: Appeal NO. 520 - 9:30 P.M. (E.D.S.T.)~ upon application ~ August F. Rucks and Matilda Rucks~ East and Fleet- wood Roads~ Cutchogue~ New ¥ork~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303 and Article X~ Section 1000A, for permission to divide property into two lots each having reduced frontage on East Road. Location of property: east side Betts Street= north side East Street, and west side Fleetwood Road, Cutchogue, New York, bounded north by Co Burberry~ e~st by Fleetwood Road, and south by East Road~ and west by Betts Street. 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. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WILLIAM WICk, ESQ., Mattituck: Mr. Rucks is selling this property because he has to move away from Cutchogueo We have contracts on these two lots pending the granting of a variance. Each lot contains more than 12~500 sq. fto as required by the Ordinance and have more than 100 feet on one street but only 95 feet on East Road. Southotd Town Board of Appeals -11- October 11, 1962 THE CHAIRMAN: Is there anyone present who wishes to speak a~ainst this application? (There was no response.) After investigation and inspection the Board finds that this property is bounded by three streets and contains approximately 33,000 sqo feet. All other plots similarly located are divided into two or more building lots. The lots in question will have individual frontages of 149 feet and 195 feet respectively and each Rill contain considerably more than the 12,500 Sqo feet required by the Zoning Ordinance. The lots are slightly less than 100 ft. on East Road and for that reason the variance is sought° The rear lines are mo~e than 100 ft. The Board feels that taking all conditions into consideration a definite practical difficulty exists and a variance should be granted. On motion of Mr. Gillispie~ seconded by Mr. Grigonis~ it was RESOLVED that August F. Rucks and Matilda Rucks be granted permission to divide property located ath the east side Betts Street, north side East Street and west side Fleetwood Road~ Cutchogue~ into two lots. Westerly lot: 94~41 feet on East Road~ 195.78 feet on Betts Street~ 105.85 feet on the north~ 165 feet on the east. Easterly lo%: 94°40 feet on East Road, 149.16 feet on Fleetwood Road, 105.86 feet on the north~ 165 feet on the west. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. On motion of Mro Gitlispie~, seconded by Mr. Bergen, it was RESOLVED that the minutes of September 27~ 1962 be approved as submitted. Southold Town Board of Appeals -12- October 1t, 1962 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mro Rosenberg, and M~. Grigonis. The Board of Appeals received notice from the Town Board stating that the name of Bowery Lane has been changed to Akerly Pond Lane upon resolution of the Town Board adopted October 9~ 1962. The next meeting of the Southotd Town Board of Appeals will be held 7:~30 P.M.~ Thursday~ October 25~ 1962 at the Town Office, Main Road, Southold~ New York° On motion of Mr. Gillispie~ seconded by'Mr. Bergen~ it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.)~ Thursday, October 25, 1962, Town Office, Main Road~ Southold, New York as time and pla ce for hearing upon application of John Ho M01itor, 501 West 7th Street, Plainfield, New Jersey, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback on a corner lOto Location of property: Lot No. 32, Cleaves Point Section 2, west side Snug Harbor Road, East Marion, New ¥ork~ bounded north by Lot No. 33~ esst by Snug Harbor Road~ south by reserved area of Cleaves Point Corpo~ and west by Gull Pond. Vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigoniso On motion of Mr. Rosenberg, seconded by Mr. Grigonis~ it was ~ESOLVED that the Board of Appeals set 8:15 P.M. (EoD. S.T.)~ Thursday, October 25~ 1962~ Town Office~ Main Road~ Southotd, New York ss time and place for hearing upon application of Edward G. Abitz~ Reeve Avenue, Mattituck, New York, a/c John Winters~ ~331 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 Depp Hole Creek~ east by R. L. Bleimiller, south by Luptons Point Road~ and west by William C~ Easke. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals -13- October 11~ 1962 It was further RESOLVED that legal notice of the hearings be published in the official newspaper on October 18~ 1962. Vote of tt~Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. The Board of Appeals received two letters from Mrs. Frank Todrick~ Sigsbee Roads Mattituck~ New York relative to the location of a garage built by Mr. William Gunther, her next do~r neighbor. The Board granted Mr. Gunther a variance to locate his garage 35~ feet from the front property line and 5 feet from the southeasterly line. Mrs. Todrick is not in accord with the Board's decision. A letter was forwarded to Mrs. Todrick stating that the Gunther matter was processed according to the requirements set forth in the Ordinance and in the same manner as all other applications. The minutes of the public hearing and action of the Board of Appeals are available to the publico Meeting adjourned at 10:45 Respectfully submitted~ Judith T. Boken~ Secretary APPROVED