HomeMy WebLinkAboutZBA-12/16/1965Southold Town Board Appeals
SOUTHOLD, L. I., N. T~Icpho~SOS~6~0
APPEAL BOARD
MEMBERS
Robert x)V. Gil]ispie, Jr., Chairm~n
Robert Bergen
Charles Grcgon[s, Jr.
Serge Doyen, .Jr.
Fred-Hulse, Jr.
MINUTES
SOUTHQLD T~WN BOARD OF APPEALS
December 16, 1965
A regular meeting of the Southo~d Town Board of Appeals
was held at'7:30 P2M., Thursday, December 16, 1965, at the
Town office, Main Road, Seuthold, New York.
There were present: Messrs: Robert'W. Gillispie, Jr.,
Chairman; Robert'Bergen,~ Fred Hulse, Jr.
Absent: Messrs: Serge Doyen, Jr., Charles Grigonis, Jr.
PUBLIC HEARING: Appeal No. 8~6 - 7:30 P.M.(E.S~T.)~ Upon
application of Baker & Fickeissen~ Southold, New York, a/c
William Uhlhorn,~ 34-17 29th Street, Astoria, New Yorka for a
variance in accordance with the Zoning Ordinances'Article III.,.
SeUtion 305, for permission to occupy structure erected with
insufficient setback from the road. Location of property:
west-side Hiawathas Path, Laughing Waters II, Southold, New
York~ bounded north by A.~Antonison, east by Hiawathas Path,
sou~h by-C~'H. Wickham~ west by'C~H~' Wickham. Feepaid $5.00.
$outhold Town Board of Appeals
-2-
Decentber 16~ 1965
The Chairman opened the hearing by reading the application
fora variance, .legal notice of hearing~ affidavit attesting to
its publication in the official newspaper~ and n~tice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
in favor of this application?
EDWIN FICKEISSEN: I have nothing more to say about it.
MR. HULSE: Is there a plot plan with the application? How
far back from the road is the building?
EDWIN FICKEI$SEN: thirty-two or thirty-three feet. I
don~'t know exactly.
THE CHAIRMAN: The application says it's 33 feet back.
That appears to be the established set back line.
EDWIN FICEEISSEN: I think that the road is straight there.
There is only one marker. I measured this ~$m's from the
opposite side of the street.
THE CHAIP~%N: The order to remedy violation notice states
"that an addition to an existing dwelling has been built without
a permit~ said addition projects beyond building line established
on this street"
Mr. Fickeissen~ did you build this house Originally?
EDWIN FICKEISSEN: No, the house was built before zoning.
THE CHAIRMAN: Are there any questions themembers of the
Board would like to aEkMr. Fickeissen?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
Southold Town Board of Appeals
December 16~, 1965
THE CHA~: Whenever we have had a situation like
your~s we have had to deny the application. This isn't because
of any predjudice because you didn't file for a building per-
mit first. Some times people forget~ some times it is
deliberate. What we are faced with here is that you have
made an addition to a dwelling a~d the addition projects
beyond the building line.
CThe Chairman reviewed other cases where a similar
situation has occured.)
THE CHAIRMAN: This is a self created hardship. Trees are
not exceptions for varying the side yards or front yards. As
far as this Board is concerned~ a wooded lot is considered
open land.
It would be my feeling that this application should be
denied and the violation should be corrected. Now just how
this can be done, I don~t know.
EDWIN FICKEIESEN: It is my understanding thatI can leave
the roof where it is and move the front back~ and have a
projection.
THE CHAIRMAN: How much projection is allowed?
HOWARD TERRY~ (Building Inspector): Eighteen inches.
(Discussion was held on just how much projection would
be allowed for this type of addition that Fir. Fickeissen has
erected. The Board consulted the Zoning Ordinance and briefly
discussed it.)
THE CHAIRMAN: Is there anything further to be said on
this application?
CThere was no response.)
After investigation and inspection the Board finds that
the applicant has erected an addition to an existing dwelling
and has violated the front yard setback. The Board finds there
is no unique hardship involved. The fact that this is a
wooded lot does not give the Board sufficient reasoning for
varying the front yard setback. The Board of Appeals considers
a wooded lot open land. The Board points out that the hard-
ship involved is a self created hardship caused by the
~pplicant~s inattention to the front yard set back requirements.
Southold Town Board of Appeals
-4-
December 16, 1965
The Board finds that strict application of the Ordinance
will not produce practical difficulties or unnecessary hardship;
the hardship created is not unique and would be shared by all
properties alike in the immediate vicinity of this property
and in the same use'~district; and the variance does not observe
the spirit of the Ordinance and will change the character of
the district.
On motion by'~ir. Gillispie~ seconded by Mr. Berg~n~ it was
RESOLVED that Baker &Fickeissen~ Southold~ New York~ a/c
William Uhlhorn, 34-17 29th Street,-Astoria~ New York, be
denied permission to occupy structure erected with insufficient
setback from the front property line on propertytocated west
side Hiawathas Path~ Laughing~Waters II~ Southold~ New York~ and
It is further RESOLVED that the maximum horizontal area
of the building must conform with the established front yard
set back in this immediate area, and
It is further RESOLVED that be=ause of unusual weather
conditions in the winter.~ the applicant has until May 1~1966
to correct the violation.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~
Mr. Hulse.
PUBLIC P~EARING: Appeal No. 817 - 8:00 P.'M.i(E.'S.'Tj)~ Upon
application of Gotleib Nicklesa Southold~ New Yorka a/c John
Hutter~ 1450 East 94th Street~ Brooklyn~ New Yorka for a
~ariance in accordance with theZoning Ordinance~ Article III~
Section 3034 ArticleX~ Section 1000A, for permission to
divide property: Location of property: Summit Road and
Colonial Road~ Lots 34 and 40 in Nidds Open Development
area~ Bayview~ Southold, New York. Fee paid $5.00.
The Chairman opened the hearing by reading the application
for a variance~ legal notice of hearing~ affidavit attesting to
its publication in the official newspaper~ and notice to the
applicant.
THE CHAIRFa%N: Is there anyone present who wishes to speak
in favor of this application?
(There was no response.)
Southold Town Board of Appeals
-5-
DeCember 16~ 1965
(The Board viewed the survey of the property in question
and briefly discussed it. It was determined that this property
was bought before 1957.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
CThere was no response.)
After investigation and inspection the Board finds that
the applicant wishes to divide a parcel of land and thus
create two lots. This parcel of land was originally purchased
as two separate lots. The Board finds that lot number 34 will
be approximately 16~250 square feet which is considerably
larger than what the Zoning Ordinance requires. The Board
finds that lot number 40 will be approximately 9~375 square
feet. The Board finds that lot number 40 can not be enlarge~
because there are residents on both sides. The Boarddoes not
feel it would be advantageous to require~at part of lot 34
be included in lot 40. The Board finds there are other lots
in this immediate area that are the same size as the lots
created by the applicant.
The Board finds that strictapplication of the Ordinance
will produce practical difficulties or unnecessary hardship;
the~hardship created~ 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 characte~
of the district.
On-motion by Mr. Hulse~ seconded by Mr. Bergen~ it was
RESOLVED that Gotleib Nickles, Southold~ New ¥ork~ a/c John"
Hurter, 1450 East 94th Street~ Brooklyn~ New York~ be granted
permission to divide property located on Summit Road and Colonial
Road, Lots 34 and~x40 in Nidds Open Development~Area~ Bapview,
Southold~ subject to the following condition:
1. That these lots shall be divided the same way they
were originally purchased.
Vote of the Board: Ayes:-Mr. Gillispie® Mr. Ber~en~
Mr. Hulse.
Southold Town Board of'Appeals
-6-
December 16, 1965
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set
7:30 P.M.'~(EjS.T,~), Thursday, December 30, 1965, at the Town
Office, Main Road, Southold~. New York, as time and place of
hearing upon application of Frank Wills and Joella and Barrie
Vreeland, Mattituck, New York~ for recognition of access in
accordance with the State of New York Town'Law~ Section 280A.
Location of property: south side private road, Mattituck,
New York~ bounded north by Private road, east byCaptain Kidd
Estates, south by Right-of-way~ west by OoG.' Pike & Others.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen,
Mr. Hulseo
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
REAVED that the Southold Town Board of Appeals set
7:45 P,M~i(E.'S.T.), Thursday~ December 30, 1965, at the Town
Office., Main Road, $outhold, New York~ as time and place of
hearing upon application of Mary B.- Wood, Peconic Bay Blvd.~
Laurel, New York, for a variance in accordance with the
Zoning Ordinance, Article III~ Section 303, Article X~ Section
1000A, for permission to divide property, and for recognition
of access in accordance with the State of New YorkTown Law~
Section 280A. Location of property: south side Peconic
Bay Blvd., Lot $5 in Arthur'L. Downs Subdivision, Laurel~
New York.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen,
Mr. Hulse.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set
8:00 P.M.(E.S.'T.')~ Thursday,~December 30, 19652 at the Town
Office~ Main Road, SouthOld, New York, as the time and
place of hearing upon application of Island's End Golf and
Country Club, North Road, Greenport~ New Yorkz for a
special exception in accordance with the Zoning Ordinance
Article III~ Section 300, Subsection 5~c) for permission to
use property for accessory uses to a golf and country club.
Location of property: north side North Road, Greenport~ New
York, bounded north by other land of Island~'s End Golf and
Country Club~ east by land of Village of Greenport, south
Southold Town Board of Appeals -7-
December 16~ 1965
by land of the Village of Greenport, and~L~V. Brown, west by
other land of Island's End Golf and Country Club.
Vote of the Board: Ayes:-Mr. GillisPie, Mr. Bergen,
Mr. Hulse.
On motion by Mr. Gitlispie~ seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of'Appeals set
8:15 PiM.~E~S,'T.), Thursday, December 30, 1965, at the Town
Office, Main Road, S outhold, New ¥ork~ as the time and place
of hearing upon application of J. William Kastner~ Bungalow
Lane, Mattituck~ New York, for a variance in accordance with
the Zoning Ordinance~ Article III, Section 303~ and Article
X~ Section 1000A~ ~o~permission to divide property. Location
of property: Nort~lde Bungalow Lane~ Mattituck~ New York,
bounded north by Creek, east by Lo Allenson~ south by
Bungalow Lane, west by Floyd R. Vail.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Hulse.
On motion by,ir. Hulse, seoonded by Mr. Bergen~ it was
RESOLVED that the minutes of the Southold Town Board of
Appeals dated November 24, 1965, be approved as submitted.
Vote of the Board: Ayes:-Mr. Gillispie~ Fir. Bergen,
Mr. Hulse.
The next regular meeting of the Southold Town Board of
Appeals will be held at 7:30 P.M.i, Thursday, December 30, 1965,
at the Town Office, Main Road, Southold~ New York.
Meeting adjourned at 9:00 P.M.
APPROVED
Respectfully submitteda
Barbara C. Dittmann, Secretary