HomeMy WebLinkAboutZBA-05/28/1964 APPEAL BOARD
MEMBER. S
Robert W. G]lJ[s~[e, Jr,, Chairmen
Roberf ~e~ge~
Charles Gregon[s Jr.
Serge Doyen
Fred Hulse, Jr.
SlilUTHEILD, L.I., N.Y.
Talephone SO 5-2560
M I ~-U TE S
SOUTHOLD TOWN BOARD OF APP]~ALS
May 28, 1964
A regular meeting of the Southold Town Board of Appeals was
held 7:30 P.M., Thursday, May 28, 1964, at the Town Office, Main
Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr., Chairman,
Robert Bergen, Fred Hulse, Jr., Charles Gregonis, Jr.
Absent: Mr. Serge Doyen, Jr.
PUBLIC _MEARING: Appeal No. 665 7:30 P.M. (E.D.S.T.), upon
application of Edna Brown, Main Road, East Marion, New York, a/c
John A. LeBar, Box 53, RD 1, Stroudsburg, Pennsylvania, for a
variance and recognition of access in accordance with the Zoning
Ordinance, Article III, Section 303, Article X, Section 1000a, and
the State of New York Town Law Section 280A, for permission to divide
and set off lot with insufficient width, and for approval of access.
Location of property: Right-of-way off west side Bay Avenue, East
Marion, New York, bounded north by Lake, east by L. Baltz, south
by Bay, and west by Edwards. Fee paid $5.00.
Southold Town Board of'Appea~ -2- May 28,~ 1964,
The Chairman opened the hearing byreading application for
a variance and recognition of access~ legal notice of~hearing~,
affidavit attesting to its publication in the official newspaper~
and notice to the applicant.
The Board looked at the~ap ofthe property in question and
discussed it with Mrs..'Edna Brown.
THE CHAIRMAN: Do these lots have the proper area?
HOWARDTERRY~ Building Ispector: There is more than enough area
on both of them.
THE CHAIRMAN: Can fire trucks go in here without any trouble?
MRS. BROWN: I guess they can go in without any trouble~ They
can go in from Gardiners Bay Estates. I will show you the access
on the map.
THECHAIRMAN: Is there anyone
against this application?
Mrs. Brown showed the right-of-way in Gardiners Bay Estate on
a larger map. The Board discussed It. ·
~resent who wishes to speak
(There was no response.)
THE CHAIRMAN: Is there anyone ~
questions in connection with this a'
(There was no response.)
After investigation and inspec
Brown a/c John A. Lebar wishes to d~
,ho would like to ask any
~ptication?
~ion the Board finds tt~ Edna
vide and set off a lot with
insufficient width~ and obtain approval of access. The Board finds
that the lots in this vicinity vary in siN. The Board agrees
with the reasoning in the application° The Board feels it is
reasonable to divide the lots in the manner suggested by Mro Van
Tuyl and shown on the survey dated March 12~ 1964~ and revised
May 11, 1964. The Board finds that the access is accessible to
fire trucks and other emergency equipment.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by alt properties alike
Southold Town Board of Appea~ -3- May 28, 1964
in the immediate vicinity of this property and in the same use
district; and the variance does observe the spirit of the Ordinance
and will not change the character of the ~istrict.
On motion by Mr. Gillispies seconded by Mr. Grigonis, it was
RESOLVED that Edna Brown~ Main Road, East Marion~ New York~
a/c John A. LeBar~ Box 53s' RD 1, Stroudsburg~ Pennsylvania, be
granted permission to divide and set off a lot with insufficient
width, and be granted approval of access on property located on
right-of-way off west side Bay Avenue~ East Marion~ New York.
Vote of the Board: Ayes: Mr. Gillispies Mr. Bergen~ Mr. Hulses
and Mro Gregonis.
PUBLIC HEARING: Appeal NOo 666 - 7:45 P.M. (E.D.S.T.)~ upon
application of Joseph Milcetic, 31-57 33rd Street, Long Island
Citys New York~ for recognition of access in accordance with the
State of New York Town Laws Section 280A. Location of property:
Right-of-way east side Boisseau Avenues Southold, New York~ bounded
north by E. C. Maier~ east by Go Barazac~ south by ri~ht-of-way-
Maier~ west by John Milceticho Fee paid $5.00
The Chairman opened the hearing by reading application for
recognition of access, legal notice of hearing~ affidavit attesting
to its pulication in the official newspaperw and notice to the
applicant.
Mr. Howard Terry brought before the Board the tax maps~ so that
they could better acquaint themselves with the location of the
property.
THE CHAIRMAN: Is there anyone present who would like to speak
in favor of this application?
MR. JOSEPH MILCETIC: We are going to build a house and I have
to have recognition of access before I can build this house.
MRo HULSE: How wide is the right-of-way?
MRo MILCETIC: It is 25 feet. It is only a farm road now°
MR° HULSE: Does it need to be scraped?
THE. CHAIRMAN: Are there any other houses on this road?
MR. MILCETIC: There are no other houses there now~
$outhold Town Board of Appeals -4- May 28, 1964
THE CPLATRNL%N: ts the right-of-way used now or is it just a
farm road?
MR. HOWARD TERRY: It is just a farm road.
THE CHAIRMAiN: I don't suppose there would be any problems
with this.
MR. GREGONIS: I~ is wide open down there.
MR. DELANY: What would be the drainage problem with the
right-of-way. Wouldn't it have to be on a certain level to give
them drainage to the existing road?
THE CHAIRMAN: Mr. Gregonis can answer you better than I can.
Mr. Gregonis explained how the road level would have to be
in order to give drainage to the existing road.
THE CHAIRMAN: If you agree right here and now to put in
drainage, it would save you a lot of problems later on. Mr. Terry
would have to inspect this.
HOWARD TERRY: They should have Harold Price come down and look
at it. He could pro~ably put it right in with the Town Road.
THE CHAIRMAN: I think the person to see would be Mr. Price.
HOWARD TERRY: I think Harold would go along with this.
THE CHAIRMAN: Is there anyone present who would like to speak
against this application?
(There was no response.)
TP~CHAIRMAN: Are there any other questions in connection with
this application?
~There was no response.)
After investigation and inspection the Board finds that
Joseph Milcetic wishes to construct a 25 foot right-of-way, easterly
off Boisseau Avenue. The Board finds that the applicant needs this
access in order to reach the house he is planning to build. ~he
Applicant plans to set up a system for drainage. The access will
be accessible to fire trucks and other emergency equipment.
Southold Town Board of Appel'is -5- May 28, 1964~
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance does observe the
spirit of the Ordinance and will not change the character of
the district.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that Joseph Milcetic, 31-57 33rd Street;Long Is~nd
City, New York~ be granted recognition of access on ~property
located right-of-way east side Boisseau Avenue, Southold, New York,
subject to the approval of Howard Terry, Building Inspector.
Vote of the Board: Mr. Gillispie, Mr. Bergen, Mr. Hulse, and
Mr. Grigonis. (Ayes)
PUBLIC HEARING: Appeal No. 667 - 8:00 P.M. (E.D.S.T.), upon
application of Stanley Corwin, Esq., Greenport, New York~ a/c
Joseph Aveta, Goldin Lane,~ Southoldw New York, for a variance
in accordance with the Zoning Ordinance~ Article IIIZ Sections
303~ 306~ 307, 308~ and Article X~ Section 1000a~ for permission
to change lot lines with insufficient side yard~ frontages and
area. Location of property: Soundview Avenue and Goldin Lane~ Lots
No. 6~ 7~. and 21, Southold~ New York~ bounded north by Soundview
Avenue, east by Goldin Lane~ south by lot $ 20~ map of "Nathan
Goldin"~. west by Levin. Fee paid $5.00.
THE~CHAIRMAN: First I should obtain permission from the
applicant to add the sections that he didn't include in the
application himself.
STA~U.w.Y CORWIN$ ESQ.: It is alright. It has been done.
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: How big were these lots before?
STANELY CORWIN, ESQ.: They vary in size. They go as small as
50' x 90'.
Southold Town Board of Appeals -6- May 28~ 1964
THE CHAIRMAN: Can you sell this property?
STANLEY CORWIN, ESQ.: We are selling lots 6 under contract~
and they get water for 2 years.
THE CHAIRMAN: You guarantee water for two years. Where is
the pump house?
STANLEY CORWIN, ESQ.: On lot $ 20
MR. BERGEN: These light lines are they way it was divided,
and you want to divide it by hthe dark lines on the map?
STANLEY CORWIN, ESQ.: Yes.
THE CHAIRMAN: Who is the garage for2
STANLEY CORWIN, ESQ: That is on the south side of-Lot $21.
That is not shown on the map.
THE CHAIRMAN: You have approximately 16~000 square feet of
land2
STAN~Y CORWIN, ESQ.: ~es.
MR. HULSE: Whatis the purpose of leaving this 20 feet in
here?
STANLEY CORWIN, ESQ.: We want to give this fellow a garage.
THE CHAIRMAN: Be sure to put the garage in the back yard
area.
STAS~RYCORWIN, ESQ.: Yes.
THE CHAIRMAN: The people that are going to buy lot-$6~ are
they moving here for good.
STANLEY CORWIN, ESQ.: For the summer.
MRo BERGEN: I think he has divided it the best way he could.
THE CHAIRM~N: Is there any other questions?
(There was no response.)
Southold Town Board or'ApPeals
-7-
M~y 28,~ 1964
THECHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
StanleyCorwin~ Esq.~ a/c Joseph Aveta wishes to change lot lines
with insufficient side yard~ frontage~ and area. The Board finds
that the applicant wishes to sell these lots. They cannot be
sold as they are because they will violate the side yard require-
ments. The buildings were erected on the property prior to the
Zoning Ordinance.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hardship
crea~ed is unique and would not be shared by all properties alike
in the immediate vicinity of this property and in the same use
district; and the variance does observe the spirit of the Ordinance
and will not change the character of the district.
On motion by Mro Gregonis~ seconded by Mr. Bergen, it was
RESOLVED that StanleyCorwin~ Esq.~ Greenport~ New York~ a/c
Joseph Aveta~ Goldin Lane~ Southold~ New York~ be granted permission
to change lot line~ wit~ insufficient side yard~ frontage~ and
area. Location of property: Soundview Avenue and Goldin Lane~
lots No. 6~ 7~ and 21~ Southold~ New York°
Vote of the Board: Ayes: Mro Gillispie~ Mr. Bergen,1 Mr. Hulse~
Mr. Gregonis.
On motion by Mr. Gillispiea seconded by Mr. Bergen, it was
RESOLVED that the minutes of the Southold Town Board of
Appeals dated May 14~ 1964~ be approved as submitted.
Vote of the Board: Ayes: Mr. Gillispie.~ Mr. Bergen~ Mro Hulse~
Mr. Gregoniso
Southold Town Board of Appe~s -8- May 28z 196,-
On motion by Mr. Gillispie~ seconded by Mr. Bergen~ it was
RESOLVED that the Southold Town Board of Appeals set 7:30
P.Mo (E.D.S.T.)~. Thursday,. June 11~ 1964a at the Town Office,
Main Road~ Southold~ New York,~ as time and place of hearing
upon application of Peter Sledjeski~ Main Road,. Orient~: New York
for a special exception in accordance with the Zoning Ordinance,
Article ~ Section 1003A1~.. for permission to renew a farm labor
camp permit granted May 23~ 1963. Location of property: south
side Route 25~ Orients New York~ bounded north by.Main Road~
east by Jo Bo Droskoski~ south and west by J. Tuthill and J.
Dyer.
Vote of the Board: Ayes: Mr. Gillispie.~ Mr. Bergen~ Mr. Hulse~
and Mr. Gregonis.
On motion by Mr. Bergen~ seconded by Mr. Hulse~ it was
RESOLVED that the Southold Town Board or'Appeals set 7:40
P.M. (E.D.S.T.)~ Thursday~ June ~1~. 1964~ at the Town Office,
Main Road, Southold~ New York~ as time and place of hearing
upon application of Elizabeth M. Connors, Mattituck~ New York,
for a variance and recognition of access in accordance with
the Zoning Ordinance~ Article III~ Section 303~ and Article
X~ Section 1000A~ and New York State Town Law~ Section ~80A~
for permission to divide lots with insufficient frontage and
for approval of access. Location of property: south side Peconic
Bay Blvd., Laurel~ New York~ bounded north by Peconic Bay
Blvd.~ east by A. Ho Patterson~ south by other land of Connors~
west by S. D. Piquet.
Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr° Hulse~
Mr. Grigonis.
On motion by Mr. Hulse~ seconded by Mr. Gregonis~ it was
RESOLVED that the Southold Town Board of Appeals set 7:50
P.M. (E.D.S.T.)~ Thursday~ June 11~ 1964~ at the Town Office~
Main Road~ Southotd~ New York~ as time and place of hearing
upon application of Fred R. Wangelin~ 2054 Stirrup Path~Seaford~
New Jersey~ for a variance in accordance with the Zoning Ordinance~
Article III~ Section 305~ for permission to erect a dwelling with
insufficient setback. Location of property: north side Ole Jul~
Lane~ Mattituck~ New York~ bounded north by Nuart Lane~ east by
Zigmund Pylko~ south by Ole Jule Lane~ west by Ole Jule Lane.
Southold Town Board of Appeals -9- May 28~ 1964
Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. P~lse~
Mr. Gregonis.
On motion by Mr. Gregonis~ seconded by Mr. Gillispie~ it was
RESOLVED that the Southold Town Board of Appeals set 8:10
P.M. (E.DoS. T.)~ Thursday~ June 11~ 1964~ at the Town Office~
Main Road~ Southold~ New York~ as time and place of hearing
upon application of R. G. Terry Esq.~ Southold~ New York, a/c
Charlotte K. Gittinger~ 3 Forest Drive~ Springfield, New Jersey,
for a variance and recognition of access in accordance with the
Zoning Ordinances. Article III~ Section 303~1 and New York State
Town Law~ Section 280A~: for permission to divide lots with
insufficient frontage~ and for approval of access. Location of
property: north side Cedar Beach Road~ and east side Paradise
Point Road~ Southold~ New York~ bounded north by E. G. Weymouth~
east by Bayz south by Cedar Beach Road,~ west by Paradise Point
Road.
Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergem~ Mr. Hulse~
Mr. Gregonis.
On motion by M re Gillispie.~ seconded by Mr. Bergen~ it was
RESOLVED that the Southold Town Board of Appeals set 8:30
P.M. (E.D.S.T.)~ Thursdaya June ~z 1964~ at the Town Office,
Main Road, Southold~ New York~ as time and place of hearing
upon application of Mae MacLeish~ Bray Avenue~ Laurel~ New York~
for a variance in accordance with the Zoning Ordinance~ Article
III~ Section 303~ for permzssion to erect a building with insufficient
frontage. Location of property: west side B~ay Avenue~ lot $100~
Laurelx New York~ bounded north by other land of MacLeish,. east
by Bray Avenue~ south by T. T. Whittier~ west by other land of
MacLeish.
Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. Hulse~
Mr. Gregoniso
On motion by Mr. Bergen~ seconded by Mr. Hulse~ it was
RESOLVED that the Southold Town Board of Appeals set 8:~5
P.M. (E.D. SoT.)~ Thursday~ June 11~ 1964~ at the Town Office~
Main Road~ Southold~ New York~ as time and place of hearing
upon application of Herbert W. Wells~ Jr.~ Southold~ New York~
Southold Town Board of Ap~Sals -10- May 28~
a/c Vail Brothers~ Inco, Main Road~ Peconic~ New York~ for
a special exception in accordance with the Zoning Ordinance~
Article IV~ Section 400,. Subsection 9~ for permission to in-
stall a parking lot to sellnew and used cars. Location of
property: north east corner of Peconic Lane and Route 25,
Peconic~ New York~ bounded north by land now or formerly of
A. Cierach~ east by land now or formerly of S. Cierach~ south
by Main Road~ west by Peconic Lane°
Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. Hulse~
Mr. Grigonis.
On motion by Mr. Hulse~ seconded by Mr. Grigonis, it was
RESOLVED that the Sou~ho~d~Town Boar d of Appeals set 9:00
P.M. (EoD. S.T.)~ Thursday~ June ll~ 1964~at the Town Office,
Main Road~ Southold~ New York~ as time and place of hearing
upon application of James Brewington~ Main Roadz Cutchogue~ New
York~z for a special exception in accordance with the Zoning
Ordinance~ Article IVz Section 400~ Subsection 9~ for permission
to install a parking lot to sell used cars. Location of property:
mouth east corner of Main Road and Eugene Road~ Cutchogue~ New
York~ bounded north by Main Road~ east by M. Abatelli~ south
by O. Glover~ west by Eugene Road°
Vote of the Board: Ayes: FLr. Gillispie~ Mr. Bergen, Mr. Hulse~.
Mr. Grigonis.
On motion by'Mr. Grigonis~. seconded by Mr. Gillispie~ it was
RESOLVED tha~ the Southo~ Town Board of Appeals set 9:30
P.M. ~D~SoT.)~ upon application of J. Harry McGowan~ 17 Aberdeen
Street~ Malverne~. New York~ for a special exception in accordance
with the Zoning Ordinance, Article X~. Section 1007~ Subsection e~
for permission to expand a non-conforming building. Location of
property: private right-of-way~ south side Peconic Bay Blvd., Laur~t~
New York~ bounded north by J. Connelly~ east by private road~ south
by Mo McGowan~ west by Jo McGowan.
vote of the Board: Ayes: Mr° Gillispie~ Mr. Bergen~ Mro Hulse.~
Mr. Grigonis.
SoUthold Town Board ofAppe~s
-11-
May 28,, 196~i~
The next meeting of the SoUthold Town Board of Appeals
will be held 7:30 P.M.~i~ Thursday,~i June 11~i 1964~i at the
Town Office,i Main Road~ Southold, New York.
Meeting adjourned 10:00 P~ M.
Respectfully submitted~
Barbara L. Carr~Ozai~ Secretary