HomeMy WebLinkAboutZBA-08/16/1962T~deohone SO $ 2660
APPEAL BOARD
vlEMBER5
Rober+ W. ®[]Jb~]e, Jr. Chairman
Robert' ~ergen
Herberf Rosenberg
CharJes Greg,onis, ,~r.
Serge Doyen, ~r.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
AUgUSt 16, 1962
A regular meeting of the Southold Town Board of Appeals was
held at the Town Office, Main Road, So~thold, New York at 7:30 P.M.t
Thursday, August 16, 1962.
There were present: Messrs. Robert W. Gillispie, Jr., Chairman,
Robert Bergen, and Charles Grigonis, Jr.
Absent: Messrs. Herbert Rosenberg and Serge Doyen~ Jr.
PUBLIC HEARING: Appeal No. 494 - 7:30 P.M. (E.D.S.T.)~ upon
application of Margaret Palmer~ Westphalia Avenue, Mattituck, New
York, ~r a variance in accordance with the Zoning Ordinance,
Article III, Section 303 and Article X, Section t000A, for permission
to divide property into two lots each containing less frontage and
area than prescribed in the Ordinance. Location of property: east
side Westphalia Road, Mattituck, New York, bounded north by Hubbard,
east by O. Gunther, south by right-of-way and west by Westphalia
Avenue. Fee paid $5.00.
Southold Town Board of!Appeals -2-
August 16, 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 notification to the
applicant.
THE C~LAIRMAN: Is there anyone present who wishes to speak
for this application?
MISS PALMER, Westphalia Avenue, Mattituck: I do.
THE CHAIRMAN: The total area you bought was approximately
14,500 sq. ft. and you bought it in 1959 with Mr. Wickham's
guidance?
MISS PALMER: Yes.
THE CHAIRMAN: At that time, as at the present, the minimum
area for a lot was 12,500 sq. ft.
MISS PALMER: I have a buyer who wants it as it is and I want
to use the money to improve my home. He just wants a small lot.
THE CHAIRMAN: Why did you buy two lots?
MISS PALMER: I wanted just the house but Mr. Gunther would
only sell~ it if I took the other lot.
THE CHAIRMAN: That is because he could not sell you the under-
sized house lot and leave the o%h~ undersized lot. Neither of
them would meet the zoning regulations.
MISS PALMER: Since I bought it before zoning I thought I
could sell the lot, and that is what Mr. Wickham tol~ me. I bought
it in 1959 and zoning went in in 1960.
T~E CHAIRMAN: Zoning was enacted April 23, 1957, therefore you
bought the property two years after the enactment of zoning and the
regulations regarding the lot size has not changed since that time.
(The Chairman explained to Miss Palmer that the Board cannot
divide this property into such small lots. The Board cannot continue
creating small undersized lots. The claim that she has a unique
hardship because of a financial problem cannot be considered by the
Board. )
SQuthold Town Board of~Appeals -3- August 16, 1962
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
THE CHAIRMAN: Is there anyone prese~t~.2who wishes toask any
questions ?
(There was no response.)
After investigation and inspection the Board finds that the
property in question was purchased in 1959, after the enactment
of zoning, therefore, the present conditions of the zoning ordinance
existed about two years prior to the purchase of the property.
The total area of this entire parcel is approximately 14,500
sq. ft., and the required minimum area of a lot Under Article III,
Section 303 is 100 ft. frontage and an area of not less than
12,500 sq. ft. Therefore the entire parcel is only 2~000 sq. ft.
larger than the minimum requirement.
Strict application of the Ordinance would not produce practical
difficulties or unnecessary hardship; the hardship created is not
unique and is shared by all properties alike in the immediate vicinity
of this property and in this use district; and the variance would not
observe the spirit of the Ordinance and would change the character of
the district, therefore
On motion of!Mr. Gillispie, seconded by Mr.. Bergen, it was
RESOLVED that Margaret~Palmer be denied permission to divide her
property into two lots. Lo~ation of property: east side
Westphalia Avenue~ Mattituck, New York.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
'Mrs. Hazel Mack an attorney from Bayview, Southold, appeared
before the Board to obtain information relative to size of lots in
the Business District. She briefly discussed the Koke property on
Youngs Avenue, Southold.
Southold Town Board of Appeals -4- August 16, 1962
The Board received a letter from the Cutchogue Fire Department
requesting permission to erect posters advertising their annual
Bar Be Cue.
On motion of Mr. Gitlispie, seconded by Mr. Grigonis, it was
RESOLVED that the Board of Appeals grants permission to
William S. Midgley, Jr., Captain of the Cutchogue Fire Department,
to place posters on the Main Roads and in stores in the Cutchogue
Fire District advertising the 6th Annual Chicken Bar Be Cue to be
held August 25, 1962. It is specifically pointed out that these
posters must be removed promptly after the 25th of August.
It is specifically forbidden to place these posters on utility
poles or on private property without permission.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
The next meeting of the Southold Town Board of Appeals will
be held 7:30 P.M., Thursday, August 30, 1962, Town Office, Main
Road, Southold, New York.
On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that the minutes of August 2, 1962 be app~ed as
submitted.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
On motion of Mr. Bergen, seconded by Mr. GrigoniR, it was
RESOLVED that the Board of Appeals set 7:30 P.M., Thursday,
August 30, 1962, Town Office, Main Road, Southotd, New York, as
time and place for hearing upon application of Helen F. Thompson,
Bayview Avenue, Southold, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 300~ Subsection 7,
for permission to erect an accessozy storage building in the front
yard of her property. Location of property: Lots 59 and 60, in
"Summer Haven", Southold, New York, bounded north by D. J. Bunger,
east by Bayview A~enue, sQuth by Sledjeski, and west by Arshamomoque
Pond.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr.
Grigonis.
Southold Town Board of 3Appeals -5,
August 16,1962
On motion of~Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Board of Appeals set 7:40 P.M. (E.D.S.T.),
Thursday, August 30, 1962, Town Office, Main Road, S°Uthold, New
York as time and place for hearing upon application of Philip M.
Lauro, 2038 Schenectady'Avenue, Brooklyn, New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 306, for permission to erect a residence on a corner lot
with reduced ~ front yard setback on one street (Inlet Drive).
Location of property: west side Inlet Drive and Miriam Road~
Lot No.~ 24, Capt. Kidd Estates, Mattituck~ New York, bounded north
by D. Strategos~ east by Inlet Drive, south by Miriam Road, and
west by T. A. Twomey.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
On motion of Mr. Grigonis, seconded by Mr. G~lliSpie, it was
RESOLVED that the Board of:Appeals set 7:50 P.M. (E.D.S.T.),
Thursday, August 30 , 1962, Town Office~ Main Road, Southold, New
York as time and place for hearing upon application of Millard A.
Northridge, Circle Drive, Jamespp~t, New York, for a special
exception in accordance with the Zoning Ordinance,-Article X,
Section t007,1~bsection (b), for permission to change the use of
his property to a lower classification. Location of property:
south side Route 25, Laurel, New York, Lot No. 2 in G. t. Tuthilt
Subdivision. Property bounded north by Route 25, east by S. Kander,
south by K. Tuthitl, and west by Venteau.
Vote of the Board: Ayes:- Mr. Gillispie, Mr~ Bsrgen~ and
Mr. Grigonis.
On motion of'Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED that the Board or'Appeals set 8:15 P.M. (E.D.S.T.),
Thursday, August 30, 1962, Town Office, Main Road~ Southold~ New
York as time and place for hearing~upon application of charles Go
Schwetje~and Edward J. Smith, RileyAvenue, Mattituck, New York,
for a variance in accordance with Article III, Section 303, for
permission to divide property into t~o parcels each containing less
frontage and area than prescribed in the Ordinance, and Section 280A
of the New York State Town Law for recognition of access. Location
~u.~old Town Board of'Appeals -6- August 16, 1962
of property: north side Riley Avenue, Mattituck, New York, part
of Lot No. 7 on map of G. H. - W. T. ~& D. T. Riley. Property
bounded north by DePetris, east by P. S. Bergen, south by RiLey
Avenue, and west by W. B. Berliner.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Board of Appeals set 8:30 P.M. (E.D.S.T.),
Thursday, August 30, 1962, Town O~ice, Main Road~ Southold, New
York as time and place for hearing upon application of Irving and
Eleanor Scholtzt Main Road, Laurel, New York, for a special exception
in accordance with the Zoning Ordinance~ Article I~, Section 400,
Subsection 9, for permission 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.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
On motion of Mr. Grigonis, seconded by Mr. Gillispie, it was
RESOLVED that the Board of Appeals set 8:45 P.M. (E.D.S.T.),
Thursday, August 30, 1962, Town Office, Main Road, Southold, New
York, as time and place for hearing upon application of~Robert
Purcell and Anne M. Purcell of Greenport, New York and Elsa B.
Cerbie of Southold, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 303, for permission to
reduce frontage and area of a lot located on the west side Madison
Street, Greenport, New York, bounded north by J. Helinski, east by
Madison Street, south by G. Smith, and west by Fleetfield Subdivision.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Grigonis.
On motion of Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED that the Board of Appeals set 9:30 P.M. (E.D.S.T.)~
Thursday, August 30, 1962, Town Office, Main Road, Southold, New
York as time and place for hearing upon application of Raymond J.
Southold Town Board of Appeals -7- August 16, 1962
Slavin, Oak and Broadwaters Road, Cut chogue~ New York, for a special
exception in accordance with the Zoning Ordinances Article III,
Section 306, fpr a rehearing upon the denial of the Board of Appeals
to reduce present setback from 26 ft. 6 in. to 15 ft. Location of
property: Oak and Broadwaters Road, Cutchogue, New York, bounded
north by Oak Drive, east by E. T. Czark, south by M. E. Bel~ and
west by Broadwaters Drive.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr.
Grigonis.
On motion of Mr. Gillispie, seconded by Mr. Ber~en~ it was
RESOLVED that the Board of Appeals set 10:00 P.M. (E.D.S.T.)~
Thursday, August 30, 1962, Town Office, Main Road~ Southold~ New
York as time and place for hearing upon application of'Raymond
Doyen~ Oriental Avenue, Fishers Island, New York, for a variance
in accordance with the Zoning-Ordinance, Article III, Section 300,
Subsection 7, for permission to erect detached garage in the front
yard area on The Gloaming. Location of property: corner of Oriental
Avenue and the Gloaming, Fishers Island, New York, bounded north by
The Gloaming, east by Montauk Avenue, south by D. W. Sinclair and
west by Oriental Avenue.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen and Mr.
Grigonis.
It was FURTHER RESOLVED that legal notice of the hearings be
published in the official newspaper on August 23, 1962 and notice
of the Doyen hearing be published in the New London Day.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Grigonis.
Meeting adjourned at 10:00 P.M.
~espect fully submitted,
Judith T. Boken, Secretary