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HomeMy WebLinkAboutZBA-09/02/1965Southolcl Town Board Appeals SOUTHOLD, L. I., N. APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Gregonis, Jr. Serge Doyen, ..Ir. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS September 2~-, 1965 A regular~meeting of the Southold Town Board of Appeals was held at 7:30 P.M.~ Thursday, September 2~ 1965'~ at the Town Office~ Main Road~ Southold, New York. There were present: Messrs: Robert-W. Gillispie~-Jr.~ Chairman~ Robert Bergen~ Fred Hulse, Jr~ Serge Doyen~ Jr. Absent: Mr. Charles Grigonis~, Jr. PUBLIC HEARING: Appeal No. 796 - 7:30 P.M. (E.D.S.T.)~ Upon application ofDouglas Dorber, a/c of Mr. Rudy'Wingirterl, 616 Main Streetl~ Greenport~ New Y0rk,~ for a special exception in accordance with the Zoning Ordinance,' Article~X, Section 1007~ Subsection ,~e)~ for permission to expand a non-~onforming building~ Location of property: west si~e of Bay Avenue,~ East-Marion~ New York~ boundednorth by Miskalisl east by Bay Avei~ south by Karasl west by D~. Fee Paid $5.00. The Chairman opened the hearing by reading application for a special exception~ legal notice of hearingi affidavit attesting to its publication in the official newspaper~ and notice ,to t~he applicant. Southold Town Board of'Appea~ -2- September 2F ~965 THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? (There. was no response.) THE CHAIRMAN: Anyone wish to be heard in opposition to this application? (There was no response.) After investigation and inspection the Board finds that the applicant wishes to put an addition onto the home of Mr. Rudy Wingirter. Said addition will exceed 50% of present building area and value. The Board further finds that the special excep- tion does observe the spirit of the Ordinance and will not change the character of the district~ On motion by Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED thatDouglas Dorber~' residing at 616 Main Street~ Greenport, New ¥ork, be granted permission to construct the addition on the home of Mr. Rudy'Wingirter as applied for as the Board agrees with the reasoning of the applicant. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr, Hulse~ and Mr. Doyen. PUBLIC HEARING: Appeal No. 797 - 7:45'P.M. (E.D.S.T.)z Upon application of Maurice Galburt~ 71 Sterling St.~ Brooklyn,i New York~ for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection (6)~ for permission to build an accessory building in a front yard area. Location of property: s/sMill Road at Naugles Drive, bounded-north by Cox Neck and Mill Road, east by Mattituck Holding'Company~ south by J. Leo9rande~ west by J. Leogrande. Fee Paid $5.00. The Chairman opened the hearing by reading application for a special exception~ legal notice ofhearing,~ affidavit attesting to its publication in the official newspaperz and notice to the applicant~ s copy of which was mailed to the applicant under date of August-20~ 1965. Southold Town Board or-Appeals -3-- September 2~ 1965 THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MR.' MAURICE GALBURT: As stipulated in the application I don~t see any other solution to getting a garage and if I want one~ which I certainly do~ I would request that it be granted. THE CHAIRMAN: What is the size of this lot? MR.' GALBURT: Just under ½ acre - 49 point something acre and it runs about~280 odd feet along the road. Items a bank off a farm. THE CHAIRMAN: Anyone else who wishes to speak for this appli- cation? (There was no response.) THE CHAIRMAN: Anyone against this application? (There was no response.) After investigation and inspection the Board finds that the applicant wishes to build a garage in a front yard area since the land behind the house rises at a very steep grade of about 15 feet to the farm above it. In front~ it drops to street level at a similar pitch. The Board also finds that topography difficulties a~e very unique in this instance and~ further~ that this garage will not change the character of the neighborhood. On motion by Mr, Bergen~ seconded by M_r. Hulse~ it was R~OLVED that Maurice Galburt~ residing at 71 Sterling St.. Brooklyn 25~ New York~ begranted permission to erect a garage in the fron~ yard area of property located on the south side of Mill Road at Naugles Drive~ Mattituck~ New York. Vote of the Board: Aye~:~~. Gillispie~ Mr. Bergen~ Mr. Hulse~ and Mr. Doyen, Southold Town Board of'Appeals -4- Septen~ber 2~ 1965 PUBLIC HEARING: Appeal No. 798 - S:00 P.M..(E.D.S.T.)~ Upon application of Safeway-Custom Builders Corp.~ Candido Aveo~ Shirley~ New York~ for'a variance in accordance with the Zoning Ordinance~ Article III~ Section 306~ for a reduced front yard setback on a corner loG. Location of property: corner of Holden Avenue and Southern Cross Road, Cutchogue, New Yorkl bounded north by Venteau Construction Corpo, east by Ho Porter~ south by Southern Cross Road, west by Holden Avenue. Fee paid $5.00. The Chairman oD~ned 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 appli- cant. THE C~: I should explain that references in the application to side yards should be "front yards." Property facing intersections is considered a~front yard. A brief history - on the original sketch accompanying the application for a building permit~ the house was placed catty-cornered to the point of inter- sections of the streets and marked 35 feet from Southern Cross Road. There is no marking on the other side. It is a one-family house~ one floor~ one garage. (The Chairman read the measurements of the lot and house from the sketch on the application for a building permit.) Mr. John Slater is the owner and the contractor is Safeway'Custom Builders, Shirley, New York. Apparently the original plot was not adhered to, is that correct? MR~. NUSSBAUM~- President of Safeway Builders: Well,' we thought it would go better on the lot straight. It would make more side yards. THE CHAIRMAN: Was the Building Inspector notified of the change or not? MR~ NUSSBAUM: No. THE CHAIP~RAN: Apparently it appeared to him (Building Inspector) to be too close on the Southern Cross side so he asked for a survey. The survey was made after you made the change? MRj NUSSBAUM: Yes. Southold Town Board or'Appeals -5-- September 2~ 1965 THE CPIA~: As a matter of fact~ the former owner of the property came along while I was there and said their original line went out in the road - Mrs. Coombs~. or whatever her name is. Where is the rest of the road,.°,° (The'Board looked at a picture of the property and discussed survey lines.) THE CHAIRMAN: Anyone present who wishes to speak for this application? MR% NUSSBAUM: I have nothing to add. It was just an error and I'm sorry it happened. I dug the hole so I blame nobody but myself. Intentionally I didn't do it. THE CHAIRMAN: That doesn'~t help us any in our decision. I don~'t think we have any choice in this at all. Is there anyone present who wishes to speak against this application? MR.' HULSE: This is a normal size lot~ plenty of area~. don"t see how this variance could be justified. That is my opinion. MR. BERGEN: I donner-know what you can do about it. MR%' CHAIRMAN: If you were building a housew you would expect to change it? MR%- BERGEN: Right. THE CHAIRMAN: Anyone else who wishes to speak against 'this application? If not, are there any other questions? (There was no response,) After investigation and inspection the Board finds that the applicant has applied forla variance in a front yard setback after receiving notice of violatign from the Building Inspector. The Board sympathizes with the plight of the applicant. There is no provision in the Ordinance for assisting self-imposed hardships. The Board finds it cannot agree with the reasoning of the appli- cant with regard to the unusual nature of this hardship. It is well established that financial hardship is not recognized in a zoning case. Southotd Town Board of Appe~ls --6- September 2# 1965 On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the application of Safeway Custom Builders Corp.~ Shirtey~ New York, for a variance in conmection with a reduced front Yard setback be denied. Vote of-the Board: Ayes: Mr~ Gillispie% Mr. Bergen, Mr. Hulse~ and Mro Doyen° PUBLIC HEARING: Appeal No. 799 - 8:30 P.M. ~.D,S.T.)., Upon application of Norma A. Larkin, Executrix, Estate of Elmore V. Kee~ 122 South Street~ Harwich, Cape Cod, Mass.~ for'a variance in accordance with the Zoning Ordinance, Article III~ Section 303~ and Article X~ Section 1000A~ to divide~a lot with i~s~fficient frontage. Location of property: e/s Munnatawket Road, Fishers Island, New York~ bounded north by-C~ Dixon~ east by West End Land Co.~ south by West End Land Co., and west~by Munnatawket Road. Fee Paid $5.00. The Chairman opened the hearing byreading applic&tion for a variance~legal notice of hearing, affidavit attesting to its publication in the official newspaper® affidavit attesting to its publication in the New London Day of August 26,~ 1965~ and notice to the applicant. The Chairman also read a letter from Norma Larkin~ dated August 14, 1965. THE CHAIRMAN: Anyone present to speak for this application? (There was no response.) THE CHAIRMAN: Anyone to speak against it? (There was no response.) After investigation and inspection the Board finds that the applicant wishes to divide a lot having two dwellings so that the rear dwelling will have a frontage of 25 feet on MunnatawketRoad for access to the dwelling and garage. The Board agrees with the applicant that this is a reasonable solution to the problem and that the line of division will run from a point on Munnatawket Road~ 25~ south of the northwest Southold Town Board of AppeaLs -7- September 2~. 1965 corner of the property~~ 75· east - right angle 53~- paralleling the westerly side of the garage at a distance of 3~ thence approx- imately 57' in a south easterly direction to the property line intersection to a point of intersecting property lines located 150~ plus or minus west from the most southeasterly corner of the property'adjoiningDouglas E. Campbell. This description of the division is subject to confirmation by survey to be supplied as soon as possible. The Board is in agreement with the reasoning of the applicant with regard to the unusual and unique nature of the hardship. There will be no change in the character of the neighborhood since there will be no change in the structure on the property. On motion by Mr. Bergen~ seconded by Mr. Hulse~ it was RESOLVED that Norma A. Larkin residing at 1'22 South Street~ Harwich® Cape COd,lMass. be granted permission to divide a lot with insufficient frontage as described in the minutes above. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. Hulse~. and Mr. Doyen. MRil- HAROLD BOSS# 217 Auburn Street~ EastWilliston~ New York~ appeared before the Board for an informal discussion on the possibility of establishing a dental lab in his home to be con- structed in the subdivision knownas Southold Sh~res. He stated there would be no signs on the premises~ no customers coming and going. His business is strictly a mail-order one, dealing with dentists out of the area. The Board advised him thatthere was no objection to this type of business in his home since he would come under'Article III~ ~section 300~ Subection 7~' of the Building Zone Ordinance for the Town of Southold. On motion of Mr. Hulse~ seconded by Mr. Bergen, it was decided to postpone thehearing on the application for Vail Brothers to erect a new sign on their premises. This was postponed for two weeks pending receipt of a survey fromOtto VanTuyl and Son.' Sou~hold Town Board of Appeals -8- September 2~ 1965 on motion by'Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED that the minutes of the Southold Town Board of Appeals dated August 19¢. 1965~ be approved as amended on page eight. On motion by Mr. Bergen~ seconded by Mr. Hulse~ it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. ~.D~S.T.)~ Thursday~September 16~ 1965, at the Town Office, Main Roadz Southold~. New York~ as time and place of hearing upon appli- cation of Arnold Larson~ a/c of Anthony Bongiovanni and Vito Cecchini~ Southold~. New York~ for a variance in accordance with the Zoning Ordinance~ Article III, Section 303a and A~ticleX~! Section 1000A~ for permission to divide lots with insufficient frontage. Location of property: Lake Drive-Kennys Road Section~' Southold, New York~ bounded north by Lake Drive~ east by'Alex Orr~ south by Great Pond~ west by F. DUPont. Vote of the Board: Ayes: Mr. Gillispie~ Fir. Bergen~ Mr. Hulse~ and Mr. Doyen. On motion of Mr. Doyen~ seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T.)~Thursday~ September 16, 1965, at the Town Office, Main Road~ Southold, New York, as time and place of hearing upon appli- cation of Frederic P. Rich~ Attorney for the Estate of Charles Fo Kramer~ Main Road~ Southold, New York, for a variance in accordance with the Zoning 0rdinance~ Article III~ Section 303, and Article Xl Section 1000A~ for permission to divide a lot with insufficient frontage and area. Location of property: Main Road and Mechanic Street~ Southoldz New York, bounded north by F~in Road~ east by Rothman~ south by other lands of Kramer, west byMechanic Street. Vote of the Board: Ayes: Fir. Gillispie, Mr. Bergen~ir. Hulse~ and Mr. Doyen. Southotd Town Board of Appeals -9- September 2~ 1965 The next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M.~ Thursday~~ September 16~. 1965~ at the Town Office~ Main Road, Southold~ New York. The meeting was adjourned at 9:45 P.M. Respectfully submitted~ anet G'o ~cLeani'~. Secretary Southold Town Board of Appeals ROBERT W.- GILLISPIE~' Chairman