HomeMy WebLinkAboutZBA-09/13/1962 -~OUTHOLD, L.I., N.Y. ~l~on~ so
APPEAL BOA[~ D
MEMBERS
Robert W. Gilfis~[~. Jr., Ch]irrn~n
Roberf B~rgen
Herbert' Rosenberg
Serge Doyen, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
September 13~ 1962
A regular meeting of the Southold Town Board of Appeals was
held 7:30 P.M., Thursday, September 13,"1962 at the Town Office,
Main Road, Southold, New York.
There were present: Messrs. Robert W. Gillispie, Jr.,
Chairman~ Robert Bergen, Herbert Rosenberg, and Serge Doyen~ Jr.
Absent: Mr. Charles Grigonis~ Jr.
(Mr. Bergen disqualified himself from the following hearing.)
PUBLIC B~ARING: Appeal No. 499 - Upon application of Irving
and Eleanor Scholtz, Main Road~ Laurel, New York, for a special
exception in accordance with the Zoning Ordinance~ Article IV,
Section 400, Subsection 9~ forpermission to inStall gas pumps~
diesel fuel and kerosene on the premises of their general store.
Location of property: north side Route 25, Laurel, New York~
bounded north by M. & M. Scholtz, east by S. Saunders, south by
Route 25 and west by E. Scholtz. Fee paid $5.00.
This hearing was recessed from 8:30 P.M., August 30, 1962.
The Chairman again read the application for a special exceptions
Southold Town Board of Appeals -2- September 13~ 1962
legal notice of hearing~ affidavit attesting to its publication
in the official newspaper and notice to the applicant.
(The Chairman stated that all members of the Board with the
exception of Mr. Doyen~ from Fishers Island have examined the
property. Mr. Gitlispie described the size of the property and
then read the gas station conditions established by the Board.)
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. IRVING SHOLTZ~ Laurel: There is nothing more I can say
other than what I have submitted with the application.
THE CHAIRMAN: Have you ever had a station there?
MR. SCHOLTZ: My brother had one where Laurel Inn is now~
some years ago. He had a general store with gas pumps out in
front° At that time all the land was in one parcel.
THE CHAI~NkAN: You wish to solicit diesel fuel for trucks?
MR.
SCHOLTZ: Not necessarily~ I do not particularly want
diesel trucks° Some people that live around there have asked me
to get kerosene for them.
THE CHAIRMAN: You would be permitted to sell kerosene without
securing permission from the Board of Appeals. That would be
incidental in connection with your general store.
Is there anyone present who wishes to speak against this appli-
cation?
(There was no response.)
(Mr. Scholtz stated that he~ as well as his neighbors use
each others property for parking and passing from one property
to another, therefore he would have sufficient area for trucks
and carsD It was explained to Mr. Scholtz that either of his
neighbors could put up a fence if they desired and he would still
only have 67 ft. frontage for his general store and gas pump
facilities. Once Mr. Scholtz receives permission for'a gas
statinn he may have all the items which go with it, such as
tires and batteries~ and so forth.)
Southold Town Board of Appeals -3- September 13t 1962
After investigation and inspection the Board finds that the
special exception requested is to operate an automobile service
station on the premises of their general store in Laurel°
They propose to install the pumps on the 23 feet front yard
which is approximately the required front yard° There is in-
sufficient area to meet the requirements set forth by the oil
companies and the Board of Appeats for pumps, etCo The property
frontage is 67 feet 6 inches. The present side yards are approx-
imately 17 feet each.
This property faces the state road at a no passing zone.
The applicant has not met the conditions set forth in the
Ordinance.
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was
RESOLVED that Irving and Eleanor Scholtz be denied permission
to install gas pumps&~iesel pumps on their premises at Main Roadz
Lauret: New York.
Vote ~fthe Board: Ayes:- Mro Gitlispie~ Mr. Rosenberg, and
Mr. Doyen.
PUBLIC HEARING: Appeal No. 503 - 8:00 P.M. (E.D.S.T.)2 upon
application of Irene S. Martin, Old Shipyard Lane~ Southold and
Dorothy Longworth~ Rabbit Lane~ East Marion, New York, for a
variance in accordance with the Zoning~Ordinance, Article III,
Section 303 and Article X~ Section t000A, for permission to divide
property into t~o lots each~ containing less frontage and area than
prescribed by the Ordinance. Location of property: east side
Bay Avenue, East Marion~ New York~ bounded north by Marion Lake,
east by Marion Lake, south by J. Brown, and west by Bay Avenue.
Fee paid $5.00.
The Chairman opened the hearing by reading application for a
variance, legal notice of hearing, affidavit attesting to its
publication in the official newspaper and notice to the applicant.
THE CHAIRMAN: Is t~ere anyone present who wishes to speak
for this application?
Southold Town Board of Appeals -4-
September 13~ 1962
(There was no response.)
THE CHAIRMAN: is there anyone present Who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
the two cottages located on the applicant's property were erected
prior to 1957o
Practically all properties in this area are undersized lots.
The proposal to divide the property will result in two lots larger
than most of the properties in the neighborhood. The property in
question is being enlarged by returning the Marion Lake frontage to
its original size prior to severe storm damage°
On motion of Mro Giilispie~ seconded by Mr. Bergen, it was
RESOLVED that Irene S. Martin and Dorothy Longworth be granted
permission to dirge property into two lots With reduced frontage and
area° Location of property: east side Bay Avenue, East Marion, New
York.
Longworth lot: Frontage 69°0 ft.~, Rear 54.0 fto~ Depth 59.49
fto north side, 70.0 feet south side°
Martin lot: Frontage 60°0 ft., Rear 65°0 ft.~ Depth 70.0 ft~
north side~ 95~0 fto south sid~
Vote of the Board: Ayes:- Mr. Gillispi$~ Mr. Bergen, Mro
Rosenberg, and Mr. Doyen.
PUBLIC HEARING: Appeal No. 504 - 8:15 P.M. (E.D.S.T.)~ upon
application of Lewis Eo and Grace F. Raymond~ Rocky Point Road,
East Marion,. New York~ for a variance in accordance with the Zoning
Ordinance.~ Article III~ Section 300, Subdivision 7~ for permission
to erect~a detache~/g~rage in the front yard area of property located
private
on the west side Rocky Point~Road~ East Marion~ New York~ bounded
north by Long Island Sound~ east by Rocky Point Road~ south by
right-of-way, and west by McCann and Raymond. Fee paid $5°00.
Southold Town Board of Appeals -5- September 13~ 1962
The Chairman opened the hearing by reading application for
a variance, legal notice of hearings affidavit attesting to its
publication in the official newspaper and notice to the applicant.
THE CHAIRM~N: Is there anyone present who wishes to speak
for this application?
MR. J~ ROGERS~ East Marion: I was asked to represent the
Raymonds, they have been called out of town. This is the only
place that they could build a garage without enduring a lot of
hardships. There are a lot of rocks three or four feet high.
In fact, where the garage is to be built there is one huge rock
that will have to be removed.
THE CHAIRMAN: Are the Raymonds agreeable to having the
entrance face the west~ away from the road?
MR. ROGERS: Yes° The garage will be approximately 24 feet from
the property line on Sound Road.
MR. ROSENBERG: As it is the road itself is higher than the
garage level.
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 wi~hes to speak
against this application?
(There was no response°)
After investigation and inspection the Board finds that
due to topography and location proposed for the erection of a
garage it is the only area comparatively free of large boulders.
The garage may be placed no less than 25 feet from Rocky
Point Road~entrance to be on the south side facing the existing
driveway.
This variance would observe the spirit of the Ordinance and
would not change the character of the district.
Southold Town Board of Appeals ~-6-
September 13~ 1962
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it
was
RESOLVED that Lewis E. and Grace Fo Raymond~ Rocky PointR0ad~
East Marion be granted permission to erect a detached private
garage in the front yard of their propetty~ no Closer than 24 feet
from the front property lines and prQvided the entrance to this
garage is on the south side facing on the existing driveway.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr'
Rosenberg, and Mr. Doyen.
PUBLIC HEARING: Appeal No. 505 - 8:30 P.M. (E.D.S.T.), upon
application of-W. Harry Lister~ Fleets Neck, Cutchogue~ New York~
for a variance in accordance with the Zoning Ordinance, Article III,
Section 303 and Article X, Section 1000A~ for permission to use
property as a separate lot with reduced frontage° Location of
property: south side Southern Cross Road,~Cutchogue~ New York~
bounded north by Southern Cross Road, east by other land of~W.
Harry Lister, south by D. Fleet, and west by othertand of W. Harry
Lister. Fee paid $5.00.
The Chairman opened the hearing by reading application for
a variance, legal notice of hearing, affidavit attesting to its
publication in the official newspaper and notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(Mr. Charles Wysong asked if it would be possible for the
remarks to be made in connection with all three applications~
as they are all similar. The Chairman stated this would be
possible~ however~ it would be necessary to handle each appli-
cation individually according to the legal procedure.)
MR. WILLIAM STARK$ I appear as attorney for W. Harry Lister
who is the owner of property at Fleets Neck. The facts in
connection with the application have been set forth in the appli-
cation which the Chairman just read. This property was acquired
prior to the Ordinance and laid out by Mr. Van Tuyl at that time,
and at which time there was no particular frontage requirements.
Because of the peculiar shape of this parcel and to get large size
Southold Town Board of Appeals -7- September 13, 1962
pieces it had to be divided into one 104 fto lot with the house
and three 90 ft. parcels on South Cross Road. All of the lots
exceed the building requirements as far as residential property.
I understand this matter was formally presented to the Planning
Board and the Planning Board formally recommended that variances
be granted°
(The Chairman read the letter from the Planning Board.)
MR. STARK: In light of the w~ter question which was brought
up and a requirement by the Planning Board, Mr. Lister, who is
presently under a conditional contract to sell lots 7 and 8 on his
map before you, has agreed with the prospective buyer to extend the
private water system to serve the two lots, If the Board should
approve and grant this it will in no way affect the density of
population. Each lot is of more than minimum square footage. There
will be no over-crowding. As far as the character of the general
neighborhood~ the lots are as larg~ if not larger than many on
Filets Neck which existed before zoning~ and since the lots were
laSd out before zoning it would have no adverse affect on the
neighborhood.
THE CHAIRMAN: The fact he laid,St~ese out before zoning does
not bind this Board° These lots are only 10% smaller in frontage
than normal, however~ and encompass in one case almost 16,000 sqo
ft. of area which is 20% over the zoning requirement. Cases where
this has occurred we have usually gone along with the developer
in granting variances. Where insufficient area is concerned it
creates a problem.
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?
MR. CHARLES WYSONG, Pequash Avenue, Cutchogue: I wish my
remarks referred to all three applications. I have a tax map here
of District No. 12, Sheet No 5 showing these lots in question~ and
it shows two 100 ft. lots and one 150 ft. lot and a 25 ft. right-
of-way. I do not agree with the statement that this was set up
before zoning~ that is not true because there is the setup on the
tax map right there. I do not think there is a hardship°
Southold Town Board of Appeals -8- September 13~ 1962
Also, he is including the 15 ft. driveway in the first lot.
MR. ROSENBERG: We are concerned with lots 6, 7~ and 8.
There is no question of a variance for lot 5. He may sell the
entire lot with a condition in the deed that the buyer will give
a right-of-way and this will be in the deed.
MR. ESgSONG: In the first place he is asking for a change of
zone.
FiR. ROSENBERG: That is not true, this is an "A" zoneQ What
he is asking for is a variance~ and that is correct.
MR. WYSONG: He is changing the frontage and there is no
hamdship involved~ b~cause he is trying to make four lots out of
three. What he is trying to do is not a hardship, he should
make two 100 ft. lots and leave a 150 ft. lot. Also~ we hear
rumors that a developer is going to try to reduce other lots in
the area if this goes through.
MR. ROSENBERG: The moment it comes to more than four lots
they must file a subdivision and obey the subdivision rules.
(Mro Wysong kept insisting that he should go before the Town
Boardb~cause he feels this matter is a change of zone and the
Board of Appeals has no jursidiction in the matter. The Board
tr~ed unsuccessfully to correct this impression. He also charged
that the Board published the legal notice in a "shot gun" manner.
Tha Board also tried to explain that this appeal was handled
exactly the same as all others, with publication five days prior
to the hearing°)
(A verbatim record of the objectors could not be made as
more than one would be speaking at the same time.)
(A delegation from the general area was present° Their
properties are from 600 feet to 1400 feet distant~ only one being
on the same street. One hour was devoted to the remarks of the
delegation and no information was added to that which the Board
possessedand 'which was given the delegation.)
The following wished their names noted in opposition~
Southold Town Board of Appeals -9- September 13~ 1962
Henry W. Lauber
C. W. Wysong
Mrs. E. B. Fitzpatrick
Grace Wysong
Estelle K. Comes
Ko E. Mulder
Palmer R. Griswold
Mae H. Lauber
Donald W. Cahill
William Jacklevic
Mr. Donald Cahili~. Pine Wood Roads Cutchogue, stated that
he lives a block away from the lots in question and he is of the
opinion the lots should have 100 ft. frontage regardless of the
area. He does not feel there is a hardship and also the density
of population will be affected.
The questio~ of the Planning Board report was again brought
upo - Prior to March 8, 1962 the applicant indicated to the Board
of Appeals that he was considering the subdivision in hand. The
Board referred the matter informally to the Planning Board principally
because a development in the immediate area was in process° The
Planning Board recommended after considerable discussion and consider-
ation that the layout proposed would be satisfactory and recommended
that variances be granted.
MR. Stark indicated that lots 5, 6~ 7~ and 8 were bought as
one parcel from the G. H. Fleet Estate. Th~s property was
acquired in March 1957. H~ d~'t know how the tax map divided
the property up, but any division shown on the tax map is an
unofficial one between the accessors for real estate and does not
show how a man can divide his property. Lots i, 2, 3~ and 4 were
acquired in a parcel in 1948.
THE CHAIRMAN: Does anyone wish to say anything further
either for or against this application?
(There was no response°)
After investigation and inspection the Board finds that the
three lots in question were divided as shown on the attached
survey dated April 22~ 1957 but were not individually transferred.
The attorney for Mr. Lister and the objectors present asked
that any remarks would be attributed to the three lots - 6, 7, 8
a s shown.
Southold Town Board of Appeals -10- September 13, 1962
The thre,
60~ 75 ft. wit
roads in whic]
17 lots or pa:
requirements.
The enti'
three lots ha:
The Boar~
270 feet stree~
rather than ~
15,100, 16,65(
The thre~
of lots consi~
~ lots immediately adjacent Un the south are 50,
~e respectively. The block bounded by fo%~ town
~ the three lots in question are located contains
~cels. Eleven are considerably smaller than Ordinance
~e area has many undersize lotso The plan for these
been recommended by the Planning Board.
feels it would be a hardship to require that the
frontage be so divided that two lots be created
~e three proposed. The three lots would have about
and 18,000 Sqo feet area respectively°
lots with 90 foot frontages would be in the midst
erably smaller.
On motion of Mr. Gitlispie, seconded by Mr. Rosenberg, it was
RESOLVED that Wo Harry Lister, Fleets Neck, Cutchogue~ New
York, be granted permission to use property as a separate lot with
reduced frontage. Property bounded north by Southern Cross Road~
east by other land of'W. Harry Lister~ south by D. Fleet, and west
by other land of'W° Harry Lister° This is lot Noo 6 on map of
lots made for W. Harry Lister by O. W. Van Tuyl & Son dated April
22, 1957.
Vote of ~he Board: Ayes:- Mr. Gil~ispie~ Mr. Bergen~ Mro
Rosenberg, an~ Mr~ Doyen°
PUBLIC HEARING: Appeal NOo 506 - 8:40 P.M. (E.D.S.T.)~ upon
application o~ W. Harry. Lister, Fleets Neck, Cutchogue, New York,
for a variance in accordance with the Zoning Ordinance~ Article
III~ Section 303 and Article X~ Section 1000A= for permission to
use property as a separate lot with reduced frontage. Location of
property: south side Southern Cross Road, Cutchogue~ New York,
bounded north by Southern Cross Road~ east by other land of'W.
Harry Lister, south by A. TenEyck, and west by other land of W.
Harry Lister° Fee paid $5°00.
Southold Town Board of Appeals -11- September 13, 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.
During the first hearing, Appeal No. 505~ the attorney for
Mro Lister and the objectors present asked that any remarks would
be attributed to the three applications° See page 6o
THE 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
against this application?
(There was no response°)
After investigation and inspection the Board finds that the
three lots in question were divided as shown on the attached
survey dated April22, 1957 but were not individually transferred°
The attorney for Mr. Lister and the objectors present asked
that any remarks would be attributed to the three lots - 6~ 7~ 8
as shown°
The three lots immediately adjacent on the south are 50~
60~ 75 ft. wide respectively° The block bounded by four town
roads in which the three lots in question are located contains
17 lots or parcels. Eleven are considerably smaller than Ordinance
requirements.
The entire area has many undersize lots. The plan for these
three lots has been recommended by the Planning Board°
The Board feels it would be a hardship to require thatthe
270 feet street frontage be so divided that two lots be created
rather than the three proposed. The ~=eeelots would have about
15,100~ 16~650 and 18,000 Sqo feet area respectively.
The three lots with 90 foot frontages would be in the midst
of lots considerably smaller.
On motion of Mr. Gillispie, seconded by Mro Bergen~ it was
Southold Town Board of Appeals -12- September 13~ 1962
RESOLVED that W. Harry Lister, Fleets Neck, Cutchogue, New
York, be granted permission to use property as a separate lot with
reduced frontage. Property bounded north by Southern Cross Road,
east by other land of'W. Harry Lister~ south by A. TenEyck~ and
west by other land of~W. Harry-Lister. This lot is No. 7 on map
of lots made for Wo Harry Lister by O~ W. Van Tuyl & Son dated April
22, 1957.
Vote of the Board: Ayes:- Mr. Gillispig, Mro Bergen~ Mro
Rosenberg~ and Mr. Doyen~
PUBLIC HEARING: Appeal No. 507 - 8:50 P.M. (E.D.S.T.)~ upon
applicatipn of W. Harry Lister, Fleets Neck~ Cutchogue~ New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 303 and Article X~ Section 1000A~ for permission to
use property as a separate lot with reduced frontage. Location of
property: south side Southern Cross Road,~ Cutchog~e: New York~
bounded north by Southern Cross Road~ east by Ro Williams, south
by N. Weeks and other land oflWo Harry Lister, and west by other
land of W. Harry Lister. 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.
During the first hearing~ Appeal NOo 505~ the attorney for
Mr. Lister and the objectors present asked that an-y remarks ~ould
be attributed to the three applications° See page 6.
THE CHAIRMAN: Is there anyone present who wishes to ~eak
for this application?
(There was no resp?enseo)
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
three lots in question were divided as shown on the attached
Southotd Town Board of Appeals -13- September 13, 1962
survey dated April 22~ 1957 but were not individually transferred.
The attorney for Mr. Lister and the objectors present asked that
any remarks would be attributed to the three lots - 6~ 7~ 8
as shown.
The three lots immediately adjacent on the south are 50~
60~ 75 ft. wide respectively. The block bounded by four town
roads in which the three lots in question are located contains
17 lots or parcels° Eleven are considerably smaller than Ordinance
requirements.
The entire area has many undersized lots. The plan for these
three lots has been recommended by the Planning Board.
The Board feels it would be a hardship to require that the
270 feet street frontage be so divided that two lo~s be created
rather than the three proposed. The three lots would have about
15~100, 16~650~ and 18~000 sq. feet area respectively°
The three lots with 90 foot frontages would be in the midst
of lots considerably smaller.
On motion of Mr. Gillispie~ seconded by Mr. Doyen, it was
RESOLVED that W. Harry Lister, Fleets Neck~ Cutchogue~ New
York, be granted permission to use property as a separate lot with
reduced frontage. Property boundednorth by Southern Cross Road,
east by R. Witliams~ south by N. Weeks and other land of.W. Harry
Lister~ and west by otherland of W. Harry Lister° This lot is
No. 8 on map of lots made f~ Wo Harry Lister by O. W. Van Tuyl &
Son dated April 22, 1957.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr.
Rosenberg, and Mr. Doyen.
PUBLIC HEARING: Appeal No. 508 - 9:00 P.M. (E.D.S.~.)~
upon application of Evelyn and ~illiam Gunther~ Sigsbee Road,
Mattituck~ New York, for a variance in accordance with the
Zoning Ordinance, Article III, Section 300, Subdivision 7~ for
Southotd Town Board of Appeals -14- September 13~ 1962
permission to erect a detached private garage in the front yard
area of property located on the east side Sigsbee Road~ Mattituck~
New York~ Lot No. 92 on map of Mattituck Park Properties° Property
bounded north by E. Gunther, south by Fo Todrick~ east bY w.
Gunther, 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 officia~ newspaper and notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MiR. WILLIAM GUNTHER: We have decided that instead of placing
the garage where we show it on the application we figure we will
move it back so that it will not interfere with the neighbors
living room. If we move it back 5 feet more it will not interfere
with the view of the room at all. It would then be a~out 36 feet
from the street° The house next door has a bedroom on that-side
also with three windows. One on the street, one on the side and
one on the back.
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
agai~ t this application?
MR. FRANK TODRiCK~ Sigsbee I{d~ Mattituck: I am the next
door neighbor. W/~at amount of frontage must there be from the
property line to the building?
(The Chairman explained that~ unless a garage is attached
to the house it must be located in the rear yard area and must
be 3 ft. from the side ~. and rear line.)
MR. TODRICK: After the building hasbeen left for two years
doesn't he have to reapply to start work again?
MR. ROSENBERG; That is why he is applying for this variance.
A 5 ft. side yard is required on a lot of this size. Five feet
on one side and 7~ feet on the other side. -- Mr. Todrick~
how far is your house from your building line?
$outhotd Town Board of Appeals -15- September t3~ 1962
MR. TODRICK: .~hree feet~ but it was built before zoning°
I feel my valu~ation Will be reduced° I think it will create
a fire hazard° It will be 8 feet from my house.
T~E CHAIRMAN: What is the size of the room on that side
of your house?
MR. TODRICK: About t0 feet by 18 feet. There are three
windows in the bedroom and this garage will cut off light and
air of one window~.~by 30%°
MRS. GUNTHER: If we were to start over again and build
a house we could build it in that place. We could go up to
5 feet from the lineo -- We have narrowed the garage down
as it is to help our neighbor. There are other houses in the
area with garages in the front.
THE~CHAIRMAN: Is there anyone else present who ~ishes to
speak either for or against this application?
(There was no response.)
After investigation and inspection the Board finds that
topographically the only available site for a garage would be
the front yard area, as the house is set at the:~rear of the
property. Many garages in the area are in the front yard°
The Board finds that a garage should be permitted provided
it is no less than 35~ feet from the front property line and no
closer than 5 feet from the southeasterly line. The garage to
be 17~ feet wide and 25 feet deep°
To place the garage further back would deny access to the
side yard and rear of the present dwelling. The location permitted
would not interfere with the view from the front enclosed porch
of the adjoining house. This porch is located 20 feet from the
front property lineo
The Board finds it would be a hardship to deny this appli-
cation considering all the circumstances°
On motion of Mr. Gillisple, seconded by Mro Doyen~ it was
RESOLVED that Evelyn and William Gunther, Sigsbee Road~
Southold Town Board of Appeals -16- September 13~ 1962
Mattituck, New York, be granted permission to erect a detached
private garage in the front yard area of their property~ no
less than 35~ feet from the front property line and no closer
than 5 feet from the southeasterly lineo This garage is to be
17~ feet wide and 25 feet deep.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr.
Rosenberg, and NLr. Doyen°
Mr. Doyen brought up for a brief informal discussion the
proposal of Mro Gordon~ Fishers Island, to build a garage in
the front property area.
On motiQn of Mr. Gillisp~% seconded by Mr. Bergen, it was
RESOLVED that the minutes of August 30~ 1962 be approved as
corrected.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr.
Rosenberg, and Mro Doyen°
On motion of Mr. Gillispie~ seconded by Mr. Rosenberg~ it was
RESOLVED that the following annual estimate be submitted by
the Board of Appeals to the Town Board of the Town of Southold for
the fiscal year beginning January tt 1963:
(This estimate represents a nominal decrease of $670.00 in
the total estimated income from appeal applications. This decrease
is d~e to the change from $15.00 to $5.00 for appeal fees. The
total estimated expense of the Board remains the same as the
previous year.)
Secretarial Assistance at public hearings
Stationery~ form printing and postage
Library and Subscription to Zoning Bulletin
Advertising of legal notices
Travel expenses divided as follows:
1. Estimated expenses for three members of
Board attendance at Association of Towns
meeting in New York in February $375°00
$250°00
200.00
75°00
580.00
Southold Town Board of Appeals -17- September 138 1962
2o Estimated expense of Mr. Doyens Board
member from Fishers Island for attendance
at Board meetings in ~outhold $300.00
3. Estimated travel expense of Board to
Fishers Island $125.00
Total Travel Expense
800.00
Remuneration of Board of Appeals: $1050o00 of
which is remuneration to the Chairman and the
balance representing $950.00 to each member.
Total estimated expense of Board of Appeals
Total estimated income from appeal applications
Estimated Net Expense
4850°00
6675. O0
330.00
6345.00
Vote of the Board: Ayes:- Mr. Gitlispie, Mr. Bergens and Mro
Rosenberg and Mro Doyen°
On motion of Mr. Gitlispie~ seconded by Mr. Rosenberg~ it was
~ESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S.T.),
Thursday, September 27~ 1962, Town Office~ Main Road~ Southold~ New
York as time and place for hearing upon application of Charles Fo
and Luell~ Atz, Knoll Circle and Bayview Drives Gardiner~s Bay
Estates, East Marion,.New York, for a variance inaccordance with
the Zoning AOrdinance~ Article III~.Section 303 for permissionto
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 F. & Luella Atz and west by Kn'oll Circle.
Vote of the Board: Ayes:- Mr. Gillispie~ Mro Bergen, Mr.
Rosenberg and Mro Doyen°
On motion of Fifo Rosenberg~ seconded by Mr. Bergen, it was
RESOLVED that the Board of Appeals set 7:45 P.M. (E.D.S.T.),
Thursday~. September 27~ 1962, Town Office, Main Road~ Southold~
New York as time and place for hearing upon application of George
Wo Smith & Sons~ Main Street, Southold, New York, for a variance
in accordance with the Zoning Ordinance~ Article 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~
Greenports New York° Property bounded north by J. Helinski, east
by Madison Street, south by G. smith, and west by Fleetfie!d Sub-
division.
Sout~old Town Board of Appeals -18- September 13, 1962
Vote of the Board: Ayes:- Mro Gitlispie, Mr. Bergen~ Mr.
Rosenberg, and Mro Doyen°
On motion of Mro Bergen~ seconded by Mr. Gillispie~ it was
RESOLVED that the Board of Appeals set 8:00 P,M. (E.D.S.T.),
Thursday, September 27, 1962: Town Office, Main Road, Southold~
New York as time and place for hearing upon application of Martin
Gramtich~ a/c Greenway Realty corpo, 7 Abbington Drive, Huntington,
New York, for a special exception in accordance with the Zoning
Ordinance~ Article III~ Section 306, for permission to erect a
temporary sales office on property of Greenway Realty Corp.,
Main Road, Orient~ New York. Property bounded north by other
land of Gre~nway Reatty Corpo~ east by Greenway'East, south by
Main Road~ and west by Orville Terry°
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg~ and Mr. Doyen~
On motion of Mro Gillispie~ seconded by Mro Rosenberg~ it was
RESOLVED that the Board of Appeals set 8:15 P.M. (E.D.S.T.)~
Thursday~ September 27~ 1962z Town Office, Main Road, Southold,
New York as time and place for hearing upon application of Otto
and 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~ Section 1000A~ for permission to
divide property into two lots containing sufficient area~ but with
reduced frontage. Location of property: north side Minnehaha
Boulevard, Southold~ New York, bounded north by Wabun Street~
east by J. M. Lohn~ south by Minnehaha Boulevard, and west by Co
F. Wright.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr°
Rose~Derg~ and Mr. ~'i Doyen°
On motion of Mr° Rosenber9~ seconded by Mr. Bergen~ it was
RESOLVED that the Board or'Appeals set 8:30 P.M~ (EoD. S.T.)~
Thursday~ September 27~ 1962~ Town Office~ Main Road~ Southold,
New York, as time and place for hearing upon application of Alfred
Amante and Victoria Amante~ 49 Anchor Court, West Babylon~ New
York, for a variance ~n accordance with the Zoning-Ordinance~
Article III~ Section 303 and Article X~ Section 1000A~ for permission
Southold Town Board of Appeals -19- September 13, 1962
to reduce frontage on two lots and enlarge frontage of one lot.
Location of property: west side private right-of~way: south
side Main Bayview Road~ Southotd~ New York~ bounded north by Jo
Agugliaro, east by private road~ south by D. A. Kant~ and west
by Canal.
Vote of the Board: Ayes:- Mr. Gitlispie~ Mr. Bergen~ Mro
Rosenberg~ and Mr. Doyen.
On motion of Mr. Bergen~ seconded by Mr. Gillispie, it was
RESOLVED that the Board of Appeals set 8:45 P.M. (E.D..S.T.)~
Thursday, September 27, 1962~ Town Office, Main Road, Southold~
New York as time and place for hearing upon application of
William Pollert~ Pine Neck Road~ ~uthold, New York~ for recognition
of access in accordance with State of New York Town Law~ Section
280Ao Location of property: easterly end of 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.~ and west by Offner~
Vote of the Board: Ayes:- Mr. Gillispie~. Mr. Bergen~ Mr.
Rosenberg~ and Mr. Doyen.
On motion of Mro Gillispie~ seconded by Mr. Rosenberg~ it was
RESOAVED that the Board of Appeals set 9:15 P.M. (E.D.S.To)~
Thursdays September 27, 1962~ Town Office, Main Road~ Southold~
New York as time and place for hearing upon application of Edwin
H. King~ Orient, New York~ for a special exception in accordance
with the Zoning Ordinance, Article III~ Section 300, Subsection
3A, for permission to qoerate a private boat marina on the southeast
side of Narrow River Road~ Orient, New York. Property bounded north
by land of Edwards and Gillespie, east by Hallock~s Bays south by
G. W. Hatlock and west by Narrow River Road,
Vo~e of the Board: Ayes:- Mr° Giltispie~ Mr. Bergens Mro
Rosenber g and Mr. Doyen.
It was further RESOLVED that legal notice of hearings be
published in the official newspaper on September 20, 1962o
~ote of the Board: Ayes:- Mro Gillispie, Mr. Bergen~ Mr.
Rosenberg, and Mr. Doyen.
Southold Town Board of Appeals -20- September 13, 1962
The next meeting of the Southold Town Board of Appeals will
be held 7:30 P.M.~ Thursday~ September 27~ 1962 at the Town Office,
Main Road~ Scuthold~ New York°
Meeting adjourned at 12 Midnight°
Respectfully submitted,
Judith T. Boken, Secretary