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HomeMy WebLinkAboutZBA-09/27/1962 APPEAL BOARD MEMBERS Robert W. G]l]bple, Jr., Che]rmen Roberf Dergen Herber+ Rosenberg CherJes Greg,on]s, Jr; Serge Doyen, ~r, SOUTHOLD, L.I., N.Y. T~lephone SO $-2660 M____I N__.U T E S SOUTHOLD TOWN BOARD OF APPEALS September 27,. 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, September 27~ 1962 at the Town Office, Main Road, Southot~ New York. There were present: Messrs. Robert~W. Gitlispie~ Jr., Robert Bergen~ Herbert~Rosenberg~ and Charles Grigonis, Jro AbSent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal NO. 509 - 7:30 P.M. (E.D.S.T.), upon application of Charles F. and Luella Atz~ Knoll Circle and Bayview Drive, Gardiner~s Bay-Estates, East Marion~ New York~ for a variance in accordance with the zoning Ordinance, Article III~ Section 303 for permission to reduce area of Lot NO. 38 at Gardiner~s Bay Estates, East Marion. Property bounded north by Bayview Drive~ east by D. K. Smith, south by other land of Charles Fo & Luella Atz, and west by Knoll Circle. Fee paid $5.00. Southold Town Board of Appeals -2- September 27~ 1962 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? MRS. FLORENCE MACK~ Southotd: I represent the prospective purchaser. The surrounding lots on Knoll Circle are considerably smaller than this piece would be after the piece is taken out. Lots 38~ 61 and 36 are considerably smaller° THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (there was no response.) (Mrs. Mack explained to the Chairman that the wedged shape piece was taken from the lot because the ownersr Mr. and Mrs. Atz erected a dwelling on Lot 37 and one corner of it encroached upon lot 38°) THE CHAIRMAN: Are there any other questions? (There was no response°) After inves'~igation and inspection the Board finds that the~ proposed division is desired because the present residence on lot 37 encroaches upon the adjoining lot 38. The portion of lot 38 which is excluded from the originR1 layout does not affect the road frontages on two streets. The Board feels that it is important that more side yard be left between the existing residence and lot 38 than technically required° This is requested by the applicant. Lot 38 being a large corner lot there is ample area for the proposed division. On motion of Mro Gillispie~ seconded byMr. Bergen, it was RESOLVED that Charles Fo and Luella Atz be granted permission to reduce area of lot NOo 38 at Gardiner~s Bay Estates~ East Marion. Vote of th~ Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. Southold Town Board of Appeals -3- September 27~ 1962 PUBLIC HEARING: Appeal No. 510 - ~pplication of George W. Smith & Sons, Main Street, Southold, New ¥ork~ for a variance in accordance with the Zoning Ordinance, Artic le III~ Section 303 and Article X,~Section 1000A~ for permission to reduce frontage and area of a lot located on the west side of Madison Street~ Greenport~ New York. Property bounded north by J. Helinski, east by Madison Street, south by Go Smith, and west by Fleetfield Subdivision. Fee paid $5.00. The Chairman opened the hearing by reading application for a varianc~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRM3~N: Is there anyone present who wishes to speak for this application? MR. DANIEL SMITH, Southold: This transaction took place several years a~o and my father made the arragements with Renny Terry. We thought that this property could be sold in 75 ft. lots since the development was started before zoning° The two lots to the south are under contract to one person and I asked them if they would let us change the contract to 125 feet~rather than 150 feet and they refused. If they did that we would have a 100 ft. lot. 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 while this lot was not sold until shortly after the enactment of the Ordinance this area was plotted into 75 ft. lots and ~old and used and acting upon erroneous advice the 75 ft. lot in question was sold. The applicant has attempted to purchase 25 feet of the 150 feet remaining in this tract but the present owner intends using the entire 150 feet for a single building plot for his own ~esidence. The division will not alter the character of the neighborhood and there exists a practical difficulty as well as a unmque situation. On motion of Mro Gillispie, seconded by Mro Grigonis~ it was Southotd Town Board of Appeals -4- September 27, 1962 RESOLVED that George Wo Smith & Sons be granted permission to.reduce frontage and area of a lot located on the west side of Madison Street~ Greenport. Size of lot: Frontage on Madison Street 75.66 feet, depth - north 140 feet, south 130 feet, rear 75 feet° Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. PUBLIC HEARING: Appeal No. 511 - 8:00 P.M. (E.D.S.T.)~ upon application of Martin Gramlich~ a/c Greenway Realty Corpo~ 7 Abbington Drive, Huntington~ New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 3~6~ for permission to locate a temporary sales office on property of Greenway Realty'Corpo~ Main Road, Orient, New York. Property bounded north by other land of Greenway Realty~Corp.~ east by Greenway EaSt, smth by Main Road, and west by-Orville Terry. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exceptions 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? MR. MARTiN GRAMLICH~ Huntington: I do. This narrow strip was created because of the location of the road, Greenway East. It is of no value to us and we would like to put up a small 12 fto by 8 ft. sales office there. MR. ROSENBERG: In other cases we have only granted temporary permits. If this is granted it will be for one year and if there is no change at the end of the year you can apply to have it renewed. 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 inasmuch as the land in question is strictly a buffer strip and Southotd Town Board of Appeals -5- September 27, 1962 cannot be used for building p~u%poses and the applicant proposes to erect a temporary sales office about 300 feet from the entrance ~o this development that the application should be granted with the condition attached that the temporary~uilding may remain for one year and is to be used exclusively as a sales office for the development in question. The conditions and standards set forth in the Ordinance have been met and the right to a special exception exist. On motion of Mr. Giltispie~ seconded by Mr. Grigonis~ it was RESOLVED that Martin Gramlich~ a/c Greenway Realty Corp. be granted permi~ion to locate a temporary sales office for one year on their property at~Orient~ New York. This office is to be located on the buffer strip at the entrance to "Green Acres" Subdivision and is to be used exclusively as a sales office for the development in question. Vote of the Board: Ayes:- Mro Gillispie~ Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. PUBLIC HEARING: Appeal NOo 513 - 8:15 P.M. (E.D.S.T.)~ upon application of Otto & Elizabeth A. Yaro, 119-43 80th Road, Kew Gardens 15~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303~ and Article X~ Sectic~ 1000A, for permission to divide property into two lots containing insufficient area, but with reduced frontage. Location of p~operty: north side Minnehaha Boulevard, Southold~ New York, bounded north by Wabun Street, east by J. M. Lohn~ south by ~innehaha Boutevard~ and west by C. Fo Wright. 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 foz this application? Sou~hold Town Board of Appeals -6- September 27, 1962 MR. JAMES BIRCH, Southold: I am a neighbor of Mrs° Yaro and she is unable to be here tonight because of illness in her home° I live around the corner and I would like to state that there is sufficient footage on the lot she appeals for and there is a garage she will move to the main parcel. This variance would improve the area and in ~ct add to it and the neighbors in the area approve of a variance. The home is on lot 69. (There was a discussion relative to moving the garage to the parcel with the residence and since the lot has frontage on Minnehaha Boulevard and Wabun Streett the front of.the lot and rear of the lot, it would be impossible to locate the garage on the lot with the residence° Mr. Birch agreed and stated that it is possible they would place the garage in the center of the lot nOo 70 and improve it° At present the garage stands~'on the dividing line of lots69 and 70.) ~ CHAIRMAN: Is there anyone present who wishes to speak against this application2 (There was no responses) After investigation and inspection the Board finds that the parcel in question consists of two lots of a comparable size and shape of other lots in this development. The existing residence is centered on one lot~ $69~ but the existing large garage encroaches the west~ lot $70. The Board finds that there exists a practical difficulty and a unique situation and the character of the neighborhood and adjoining lots will not be altered provided that the g~rage be moved and so placed that it conforms to the terms of the Ordinance. This mu~a be performed before lot 70 is sold. On motion of Mr. Gillispie, seconded by Mr. Rosenberg~ it was RESOLVED that Otto and Elizabeth A. Yaro be granted permission to divide property into two lots with reduced frontage° Property located at Minnehaha Boulevard. The westerly lot contains over 13~000 sq, ft. and is bounded 75 feet on Wabun Streets 183 feet on the eastr 86 feet on Minnehaha Boulevard and 150 feet on the west. The easterly lot contains over 14,500 sqo ft~ and is bounded 70 feet on Wabun Street~ 214 feet on the east~ 80 feet on Minnehaha Boulevard and 183 feet on the west° Southo!d Town Board of Appeals -7- September 27~ 1962 It is stipulated that the existing garage must be moved and so placed that it conforms to the terms of the Ordinance and this must be done before lot 70 is sold. Vote of the Board: Ayes:- Mr. Gillispie, Mro Bergen, Mr. Rosenberg~ and Mr. Grigoniso PUBLIC HEARING: Appeal NOo 514 - 8:30 P.M. (E.D. SoT.)~ upon application cf Alfred Amante, and Victoria Am~nte 49 Anchor Court, West Babylon~ New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 303 and Article X, Section t000A, for permission to reduce frontage on two lots and enlarge frontage on one lot. Location of property: west side private right-of-way~ south side Main Bayview Road~ Southold, New York, bounded north by J. Agugliaro~ east by private road~ south by D. A. Kant, and west by Canal. Fee paid $5.00. The chairman opened the hearing by reading application for a variance, legal notice, 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? MR. ALFRED AMANTE: There is nothing further to add. This house was built about eight years ago. It was built too close to the northerly line and now we wish to sell the house and we wish to give the new buyer enough side yard on the north° There is only about 4 feet now° To do this we must take five feet from the remaining two lots. 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 application is to relocate the side lines of three lots in question. Southold Town Board of Appeals -8- September 27, 1962 In order to provide adequate side yards for the residence located on lot no. 1 as shown on the attached survey the present lot should be enlarged by 10 feet and instead of leaving two adjoining lots of 80 ft. and 90 fto the lots should be 85 ft. each which would observe the intent of the Ordinance. The three lots in question are in the midst of much smaller lots. The requirements set forth whereby a variance may be granted have been met° On motion of Mr. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that Alfred Amante and Victoria' Amante be granted permission to divide their property into three lots as follows: Parcel One:- Beginning at a point on the westerly line of a 50 foot private road 260 feet southerly along said line ~ from the southerly line of Bayview Road; running thence along the westerly line of said private road South 25 degrees 16 minutes 10 seconds West~ a distance of 1~0 feet; thence North 59 degrees 0~ minutes West, a distance of 90 feet; thence North 25 degrees 16 minutes 10 seconds East, a distance of 30 feet; thence North 59 degrees 01 minutes West, a distance of 70 feet; thence North 25 degrees 16 minutes 10 seconds East~ a distance of 80 feet to parcel (2); thence along said parcel (2) South 59 degrees 01 minutes East~ a distance of 160 feet to the point of beginning. Parcel Two:- Beginning at a point on the westerly line of a 50 foot private road 175 feet southerly along said line from Bayview Road; running thence along the westerly line of said private road South 25 degrees 16 minutes 10 seconds West~ a distance of 85 feet to p~rcel (1); thence along said parcel (1) North 59 degrees 01 minute West~ a distance of 160 feet; thence North 25 degrees 16 minutes 10 seconds East~ a distance of 85 feet to parcel (3); thence along said parcel (3) South 59 degrees 0~ minute East, a distance of 160 feet to the point of beginning° Parcel Three:- Beginning at a point on the westerly line of a 50 foot private road 90 feet southerly along said line from the southerly line of Bayview Road; running thence along the westerly line of said private road South 25 degrees 16 minutes 10 seconds west, a distance of 85 feet to parcel (2); thence along said parcel .(2) North 59 degrees 01 minutes West~ a distance of 160 feet; thence North 25 degrees 16 minutes 10 seconds East~ a Southotd Town Board of Appeals -9- September 27~ 1962 distance of 85 feet; thence South 59 degrees 01 minute East, a distance of 160 feet to the point of beginning. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mro Rosenberg~ and Mro Grigonis. PUBLIC HEARING: Appeal No. 512 - 8:45 P.M. (E~D.S.T.)~ upon application of William Pollert, Pine Neck Road~ Southold, New York, for recognition of access in accordance with State of New York Town Lawz Section 280Ao Location of property: easterly end of a private right-of-way off of Pine Neck Road~ Southold, New York° Property bounded north by Jockey Creek~ east by Lighthouse Development Corp,~ south by Lighthouse Development'Corp. t and west by Offnero Fee paid $5°00. The Chairman opened the hearing by reading application for recognition of access, 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? ~iR. WILLIAM POLLERT: Everything is contained in the appli- cation° The road is 30 ft. wide and completely passable° This is the fifth lot that I plan to se~l along the water front. 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 a paved 30 foot road extends to a short distance from this lot and a narrower substantial passable road reaches the Pulitzer lot which is the subject of this application° The conditions and terms set forth in the Ordinance are fully complied with and the right to access exists. On motion of Mro Gitlispie, seconded by Mr. Bergen, it was Southold Town Board of Appeals -10- September 27~ 1962 RESOLVED that William Pollert be granted recognition of access to lot indicated asPulitzer located on the easterly end of a private right-of-Way off of Pine Neck Road. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigoniso The Board of Appeals received the following letter from George Ao McMann~ Jr~.~ "We respectfully request tkat the application of Edwin H. King scheduled for a hearing at 9:15 P.M. on September 27~ 1962 be withdrawn." On motion of Mro Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that the Appeal NOo 515 of Edwin H. King be with- drawn at the request of the applicant's attorney George A. McMann, Jr. vote of the Board: Ayes:- Mr. Gillispie~ Mro Bergen, Mr. Rosenberg~ and Mr. Grigoniso On motion of Mr. Gillispie~ seconded by Mr. Rosenberg, it was RESOLVED that the minutes of the meeting of September 13~ 1962 be approved as submitted° vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mro Rosenberg~ and Mr. Grigonis. The next meeting of the Southold TOWn Board of Appeals will be held 7:30 P.M.~ Thursdays October 11~ 1962 at the Town Office~ Main Rcm d~ Southold, New York° Southold Town Board of Appeals -11- September 274 1962 On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that the Board of Appeals set 7:30 P.M., Thursday~ October 11~ 1962, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Edna A. B~own~ Main Road~ East Marion~ New.York~ a/c Hildegard Hawkins, 2807 Spangler Lane, 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~ bounde north by Main Road~ east by A. Limouze Estate, south by Bay and d west by Ao Steinhart. vote of the Board: Ayes:- Mr. Gillispie~ Mro Bergen, Mr. Rosenberg~ and Mr. G rigoniso On motic~of Mr° Rosenberg, seconded by Mr. Bergen, it~was RESOLVED that the Board of Appeals set 7:45-P.M. (E.D.S.T.)~ Thursday~ October 11, 1962, Town Office, Main Road, Southold~ New York as time and place for hearing upon application of R. Dalder & Sons, lll 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-way~ off of Camp Mineola Road, Mattituck, New York. Property bounded north by right-of-way~ east by J. Peters~ south by Peconic Bay and west by W. Tufanoo Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr° Rosenberg~ and Mr. Grigon~s. On motion of Mr. Bergen~ seconded by Mr. G rigonis~ it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.)~ Thursday, October 11, 1962~ Town Office~ Main Road, Southold~ New York as time and place for hearing upon application of Elizabeth Olsen, Jackson and First Streets, New Suffolk, New Yo~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303, for permission to erect cottage on ~t with reduced frontage. Location oEproperty: south side Jackson Street, west Southold Town Board of Appeals -12- September 27, 1962 side First-Street~ New Suffolk~ New Yor~, bounded north by Jackson Street, east by First Street~ south by Peconic Bay, and west by Second Street. Vote of the Board: Ayes:- Mr. Gillispie~ Mro B~rgen, Mr. Rosenberg~ and Mr. Grigoniso On motion of Mr. Grigonis, seconded by Mro Gillispie, it was RESOLVED that the Board of Appeals set 8:15 P.M. (E.D.S.T.)~ Thursday, October 11, 1962, Town Office, Main Road~ Southold~ New York as time and place for hearing upon application of Manuel D. Gloria and Dorothy Gloria, Ninth Street, Greenport, New York~ for a variance in acoordance with the Zoning Ordinances Article III~ Section 303 and Article X~ Section 1000A, for permissic~ 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 Park, bounded north by Flint Street, east by Oo Shedrick~ south by Testa and Mack~ and west by Oo Smith° Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Rosenberg~ and Mro Grigonis. On motion of Mr° Giilispie~ seconded by Mr. Rosenbe~g~ it was RESOLVED that the Board of Appeals set 8:30 P.M. (E.DoSoT.), Thursday, October 11~ 1962, Town Office~ Main Road, Southold, New York as time and place for hearing upon application of Timberland AsSOCo~ InCo, Mort Road~ Box 275, Coram~ New York, for recognition of access in accordance with State of New York Town Law, Section 280A. Location of property: north side private right-of-way (Maple Lane), off of the east side Grand Avenue, Mattituck~ New York. Pm~perty bounded north by private right-of-way~ east by Fo Edelma'n Estate, south by Maple Lane, and west by A. Suter. Vote of the Board: Ayes:- Mr° Gillispie~ Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. On motion of Mr. Rosenberg~ seconded by Mr. Bergen~ it was RESOLVED that the Board of~Appeals set 8~5 P.M. (E.D.S.T.)~ Thursday~ October 11~ 1962~ Town Office, Main Road~ Southold, New York as time and place for hearing upon appli~tion of Ralph Mims and Frances Mims, Third Street, Greenport~ New York, for a variance Southold Town Board of Appeals -13- September 27, 1962 in accordance with the Zoning Ordinance~ Article III, Section 303, 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 Driving Park~. Greenport~ New York, Dounded north by Flint Street~ ea~ by P. Zelack~ south by Po Zelack, and west by Seventh Street. Vote of the Board: Ayes:- Mro Gillispie~ Mr. Bergen~ Mr. Rosenberg, and Mro Grigonis. On motion of Mr. Bergen~ seconded by Mr. Grigonis~ it was RESOLVED that the Board of Appeals set 9:00 P.M. (E.D.S.T.)~ Thursday, October 11~ 1962, Town Office~ Main Road, Southold~. New York as time~and place for hearing upon application of James P. Heath, 27-89 Schley Avenue, Bronx 69, New York~ fora variance in accordance with the Zoning Ordinance~ Article III~ Section 304~ 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 J. Burden~ east by now or formerly Haggerty Estate~ south by T~ Wo Abrams, and west by Sigsbee Road. Voie of the Board: Ayes:- Mr. Gitlispie~ Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigoniso On motion of Mr. Grigonis~ seconded by Mr. Gillispie~ it was RESOLVED that the Board of Appeals set 9:30 P.M. (E.D.S.T.)~ Thursday, October 11~ 1962~ Town Office, Main Road, Southold~ New York as time and place forhearing upon application of August Fo Rucks~ and Matilda Rucks, East and Fleetwood Roads, Cutchogue~ New York, for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303 ~nd Article X, Section 1000A~ for permission to divide property into two lots each havi~ reduced frontage on East Road° Location of property: east side Betts S~reet~ north side East Street~ and west side Fleetwood Road, Cutchogue~ New Y~rk, bounded north by C. Burberry, east by Fleetwood Road, south by East Road, and west by Betts Street. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Rosenberg~ and Mro Grigoniso Bouthold Town Board of Appeals -14- September 27, 1962 It was FURTHER R~SOLVED that legal notice of hearings be published in the official newspaper on Thursday~ October 4t 1962. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mro Rosenberg~ and Mr. Grigonis. Meeting adjourned at 10:30 P.M. Respectfully submitted~ ~udith To Boken~ Secretary