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Home My WebLink AboutZBA-11/24/1965 APPEAL BOARD MEMBERS Robert ',X/. Gillispi¢, Jr., Ch~rm~n Robert Bergen Charles Gregonis, Jr. Ser~¢ Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 SOUTHOLD TOWN BOARD OF ~PPEALS November 24, 1965 A regular meeting of the Southold Town Board of'Appeals was held at~7:30 P.M., Wednesday, November 24, 1965, at the Town Office, Main Road, Southold, 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 REARING: Appeal No. 814 - 7:30 P.M.,{E.S.T.'), Upon application or'William J- Jackens andWife, 1-50-39 84th Street, Jamaica, New' York, fora special exception in accordance with the Z~ning-Ordinance, Articl= III, Section 300, Subsection 5 ~), for permission to.erect a two family dmelIing. Location of property: north east corner of Ed's Road and SummitDrive, Bayview in Southold~ New York, bounded north by Albert'Wurth, east by Joseph Gutierrez, south byEd~s Road, west by Summit Drive. Fee paid $5.00. Southold Town Board of Appe~_~ -2- November 24~1965 The Chairman opened the hearing by reading the application for a special exception, legal notice of haaring~ affidavi~ attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRMAn,: Is there anyone present who wishes to speak in favor of this application? JOHN~NICKLES (Lewis Realtors): I speak for the application. THE CHAIRMAN: What is the unusual hardship involved here? MR. NICKLES: The unusual hardship is that Mr. Jackens mother is 85 years old and she presently lives with them. When they move out here~ she wants to continue to live with them. THE CHAIRMAN: You said when they move out here, will this be a year around residence? MR. NICKELS: Yes. She currently has her own cooking facilities in Jamacia where theynow live. She would like to have the same thing out here. THE CHAIRMAN: What does this separate living unit involve? MR. NICKLE$: It has a kitchen, bath, living area, and a separate entrance. THE CHAIRMAN: Is this dwelling divided~ MR. NICKLES: There are doors that connect the two living units. THE CHAIRMAN: This is a ranch type house? MR. NICKLE$: Yes, it is a colonial ranch. THE CHAIRMAN: What is Mr. Jackens' mother's name? MR. NICKLES: Mrs. Jackens. I~l~n~t know heregiven name. MR. HULSE: Have you spoke to the applicants and advised them of the conditions that would be placed on this use? MR. NICE~E$: You required a letter stating that this cannot be passed on as a ~wo family d~elling when the applican~{s mother no longer resides there or when the premises are sold. Southold Town Board of Appeals -3~ November 24, 1965 MR. HULSE: Do you have such a letter? MR.. NIC~.RS: Yes. (presented letter to the Board) The Chairman read the following letter: "November 19, 1965, Zoning Board of Appeals~ Town of Southold, Southold, New York. "Re: Application for Special Exception. "Gentlemen: This is to confirm our 'understanding and agree- ment thatin regard to our application for a speCial exception so that we may have an additional apartment on our premises at Bay View, Southold, Town of Southold, Suffolk~County~ New York (Northeasterly corner of"Summit Road and Eds Road) for use b~ Mr. Jackens* mother who is 85 years of age, the privilege to be granted by this exception will cease and terminate when Mr. Jackens~ mother nceases to occupy the premises~ or if we should sell and convey the same. "Very truly truly yours~ /s/ William J. Jackens /s/ Frances D. Jackens~" THE' CHAIRMAN: The only other problem is the fact will it change the character of the neighborhood since there are two entrances. MR. NICKLES: The outward appearance of 'the house will not be changed. THE CHAIRMAN: Where is the separate entrance to the house? MR. NICKLES: On this end of the house. ~ointing to plans of the house.) THE CHAIRMAN: On the easterly end of the house? MR. NICKLES: Yes. THE-CHAIRMAN: And the other entrance is on the southerly end of the house? MR. NICKLES: Yes. THE CHAIRMAN: The point I am trying to make is that the entrances won't be on the same side of the house. Southold Town Board of Appeals -4- November 24~ 1965 (The Board viewed and discussed the layout~and plans of the two family dwelling in question.) THECHAIRMAN: The entrances%~will be on the easterly side of the house and the southerly side of the house. The size of this lot is 24~750 square feet~ which is approximately double the normal size lot. Anyone else wish to speak for this application? MR. NICKLES: I have no~ing further to add. THE CHAIRMAN: Anyone wish to speak in opposition to this application? (There was no response.) THE CHAIRMAN: ~re there any questions the Board would like to ask? (There was no response.) After investigation and inspection the Board finds that the applicant request permission to construct a two family dwelling. The Board is inagreement with the reasoning of the applicant as presented in the application to the Board. The Board finds that the appl~ant~s mother, Mrs. Jackens who is 85 years of age, has been accustomed to a separate apartment in their previous residence in Jamaica. The Board finds that the separate living quarters of the applicant's motherwill include a kitchen~ bath, living area, and a separate entrance on the easterly side of the residence. The applicants will enter the dwelling on the southerly side. Therefore~ the outside appearance of the dwelling willnot change the character~of the neighborhood. The Board further finds that the applicantZs mother requires a special diet~ thus making a separate kitchen a necessity. The Board points out that the size of the lot this dwelling will be built on is 24~750 square feet, which is approximately twice the size of a normal size lot. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use district will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals -5- November 24, 1965 On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that'William J. Jackens and Wife, 150-39 84th Avenue, Jamaica, New ¥ork~ be granted permission to erect a two family dwelling located on the north eastcorner of Ed's Road and Summit Drive, Bayview in Southold, New York, subject to the following conditions: 1. That when the unusual circumstances which required the application no long~ ~, the privilege of the special exception use shall also ceaseTand will terminate; or if this property iR question is conveyed in any manner, the special exception use shall cease to exist and will terminate. 2. Once a year the Board of Appeals will inquire of the applicant whether or not the circumstances which existed at the time of the action of the Board still exist. This inquiry will probably be made in January of each year. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 815 - 8:00 P~M~(EjS,'T.), Upon application of Florence Moffat, Boisseau Avenue, Southold.~ New York~ for a variance in accordance with the Zoning Ordinance, Article III~ Section 303,.ArticlelX, Section 1000A, for pez- mission to divide property. Location of property: east side Boisseau Avenue, Southold~ New York~ bounded north byD. Tuthill- H. Tuthill, east by Jos. Krukoski~ south by C. Salters-Blados, west by Boisseau A~enue-Wheeler. 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 Board viewed the survey of the property in question and brie$1y discussed it. THE~CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? (There was no response.) ‰¨“N't(Ùjs>×ÒëÄPÀc}(]…`´Ä‘³9•ÝÁã<×[«Ïâ‡?^âî1¯Äó,ñK4f?5Û*²‡i9W=©a*]9y™VZéÔômNM>?É©Ã§M²„-¶è@óPä1>ô& —ÇQ®g˜³Ý¤M²¬ˆf}áW#¿#zrÄB›ÔæT%7sæïi7Kâ6’ÎßS³CvÙ¢ó!©\ÿ"8¯?Ö5=vó_P¼—È¿±E†ÚKd!@ÇqéÁÈô®'‰÷›èkSÍ¡ÙøOàý¿ˆôÔ¯¾Â›¿ÒƒI)óÉî ò°#¡õ®ûEðVŸ—o¥ønËX[û©P$ò`$¬Nì3ž3ÅrÊJ³¼™´i¸j¶2o¾ý²iRÖã´½‡ÌŒí‰Œ‘†ÆèË>\Œã‘œÖï…~ÝËáöŠÏS·¼–0‰çVDb§–<ÆÃß==v„=ÔÈªù½ëhs>ø'w©j©fdº0¼Ï‚WÉ ynrÆ=:ûWcá×ÀZvªn5ÜãËH‘ŽH?{»r:sE:rsæ I?uZTú]Ö©éúÅ¨T7Æ‘;>à8VSŒñÞ½3Ã ðv± ×ü$znŸs3 ŒÇ}ÖdêëJt¯5&Í5µ‘ÕÇñ#Â:.—ki¢Y5œVÖ3Ä²Ãœ·®TŒ`6OµÀxÆGâ&‹ë5ÑÔ>Öéo}LûaQ†dÅ†¾x9õ®åò«“N/SÖ¬N“§øNy-Äšäñ·úu¼M#1‰1ƒ´ô§§cÔWšxÏÄ—Ó :ÐLš—›nÉ¸)qlÃþX²ãœž1Ó‘î+gX “»<‡â²ø£T†Ï@¶¹ÒïYòñ²” ãŠ«co¦:fµ,ï5-2çK°Õäy¬’âKs¾,ðÃîÀî¿Zò+FQÎ¸¾‡Uáj"¥ÑõI§…×Î¶Yv´±g—wN¿Z×Öþk·ñ6¥¡ÇÞ„÷Ä±ÌâÜ’2ÅÀïÕr)Çä´`ñnè7…cÒ˜éÖ3ÃV’%ËÛÌNDlsU$øAáizÞ½â=:æÆ´ù°jVž™ËÅ$y×8Íl›O›{·.i~ðÑÑ¼ß‡vM¢Ãcq~h'ûÒ1ëš§âÛQuÄšÔØÉäýï*àys(ôÇÿ®•dî“F.ögI¤ü9ðçŽü#lu+½#ÄqÉ‰.4»äXî_<íÜ `?¼NÕ‡gû0ê‘x¦[áÑÒ|?¤cÍYào‡orÏg½«U(§¹Òéš^7ðµÿf7_iºŽ¸³,:À²e]ceAÆŽ ã°©¢°ÿ„[°½Xï¡û5³‘Ô/‰_iP <3ŠÇ7:ŠûÒÒ9Ï_]x“á¬7Úvo}¦ÎËxÑFL\ü¤÷ q]½ö£¨øáŸ‡¤ðýÄ^"±ÔàÙ{a:ùË0ÎÂ åJ’pÃëT«&ô'Ùê‘ç¾Ñõ¸x$´M>É‘ð.nT8“ “\¶ý±kâ9¯,á¾Šæ&òZ=î§q<GOc^eK©^¢”e¦t°x7WÔ5ö¾Õµ§ðÍÅË´åÝ¶U®n9ªž&ðgŽ¯µ«i¬%Kã.-®B¼ ^0Ç9ÅtÓœãz™©®kÛB“ø3Ä^(·³þÓÖ4ÍVÍ%ØÛ¤) ç”tÇ?_jãõ_ 'Äv>U¸û ÅØŽ6`ÈÞq3È®zµ¥«ì\¥u±ÙxÃà¯‰>Aö¸þ‚HínbØì¬>òryïƒ^OðßáÏ5Qu(ü‹Þ³Ï:í‡ª÷ºwÕN”§¸B´aï3Ö4Ýx.iöé§ÜÊ¯§ÌnKËjÈÙhÝ@Ç?Òº ¿±ì¼Aw¨E½ì×DÈ@¦HäsÊšÚ0ä‡,¶1ŒÝGtyþ¯¨èš»<z%„:UùÜ§Í!]½·µë>øÅ/ˆþ |Ah¦¼FØê²:»BG[¸ãŸÏµv¡6ã³"/Ýotr–Z¬?N©m-ÔzØ”|²áF!Iù€9«¿Åkí;á‰ ´löÖ_¹wL1ŒžŸj¼<—¶QeWŠqç>¿Ôîe›JÕtûéà|ë”- ðWÔw¯JøYâ[mRVó[·‡]Ôá-•Œà( òÏãçÏ8ôÍ{µfœ¼*ªm\««ø7OƒÅRÿi¥öÝnÚ;í66‡tR+™Hà†VÈ¯løkáX4?‡M GšÆªæÝ-m'Ùåt’.Ü†¨¹Ô‹^íÙç>øgâoŠ>6²ðž°Xßé?ñõ¨<Ä#Äà·víŠõÏŒþ$Ö<3àkOxKNSoip¦ïWŠ=ÒA <ãû¹4åylŠ‹¼¬Œß„:¼:½¥üŸôÛo[X«Û[ÔEp]”˜ÅüC?©<Su´ð«øB·éi¥jöcd’Ú6Ù%S÷]¢ èHé\iFjÌÓšJWG™xÂž$þÑ:ž‡yúL„à³ùdÿ´ŒGÞÔõ¬_x_YÔ5iìõ-*2>èo°„ÿ´qÆk’ä¿c·wu ÏxO¶øºÈÝJ€¬,Äô$ùï]N€¾%ñÆ§§YxçU»Òtd‘vN¿.Èÿ¼qšÎŽ"-2eß1ëš¯„´-jÇPÑ~øªæ=JÍCn™sö€9Ü’7ü'Ó ×¥&~&°ñ¿n¿6‹¶ˆFù¸<ýj1Þâ\ˆº-ý®†Üiô‡]FkkmJÐ}ÉWÎK®:^ª–:[Íaso Co%Ì¢ÝnŒàBÎÜÃ9Œç¹ÅM6çm5*R²÷¶;O| ñÎƒáóªjÑD–Ö-¶—qÉ"äñ‘“‘õ®|Sâ x`[•ÞŸ…VlËŸBw®Gë]~Å©)ÉªÑž‰èy=Ç„åñ‡ˆn[JÖ,ïŒ+˜ìãcö‚ÇûŠNšÏ´Ð%ð‡Š¦‡ÅÒß]Ý^ Southold Town Board of'Appeals -7-- November 24, 1965 On motion by Mr. Gillispie, seconded by Mro. Bergen~ it ~as RESOLVED that the $outhold Town Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, Decemb~er 16, 1965, at the Town Office, Main Road, Southold, New York, as the time and place for a hearing upon application of Baker & Fickeissen, Southo~d, New York, a/c'William UblkDrn~ 34--17 29th Street~ Astoria, New York, for a variance in accordance with the Zoning~Ordinance,-Art~cle III, Section 305, for permission to occupy structure erected with sinsufficient setback f~om the road. Location of property: west side Hiawathas Path, Laughing Waters II, Southold, New York, bounded north by A. Antonison, eastby Hiawatha Path, south by"C~Hi Wickham, west by'C.H. Wickham. 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 Southotd Town Board of Appeals set8:00 P.M.' CE.'S,T.), Thursday~ December 16, 1965, at theTown Office~ Main Road,-Southold, New York~ as the time andplace for a hearing upon application of Gotleib Nickles, Southold, New York, a/c John Hurter, 1450 East 94th Street, Brooklyn,~ Ne~ York, for a variance in accordance with the Zoning Ordinance~-A~tiCle III, Section 303, Articale X, Section 1000A, for permission to divide property. .Location of property: Summit Roadand Colonial Road~ Lots 34 and 40, in Nidds Open Development Area, Bayview in~Southold, New York. Vote of the Board: Ayes:-~r, Gillispie~Mr. Bergen~ M_r. Hulse. On motion by Mr. Bergen~ seconded by Mr. Hulse, it was RESOLVED that the minutes of the Sou~hold Town Board of Appeals dated November 10, 1965, be approved as submitted. Vote~Of the Board: Ayes:-- Mr. Gillispie~ Mr. Bergen,-Mr Hulse. The nextmeeting of the Southold Town Board of Appeals will be held on Thursday, December 16, 1965, at 7:30 P.-M.', at the Town Office, Main Road, Southold, New York. Meeting adjourned at 9:00 P.M.~ Respectfully submitted, Barbara C. Dittmann~. Secretary