HomeMy WebLinkAboutZBA-07/22/1965Southold Town BoardAppeals
SOUTHOLD, L. i., N.
Telephone SO 5 ~660
APPEAL BOARD
MEMBERS
Robert W. Gillispi¢, Jr., Chairman
Rober~ Bergen
Charles Gregonis, Jr.
Serge Doyen, Jr.
Fred Huls¢, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
July 22, 1965
A regular meeting of the Southold Town Board of
Appeals was held on Thursday, July 22, 1965, at 7:30
P.M., at the Town Office, Main Road, Southold, New
York.
There were present: Messrs: Robert-W. Gillispie, Jr.
Chairman; Fred Hulse, Jr., Charles Grigonis, Jr.
Absent: Messrs: Robert Bergen, Serge Doyen, Jr.
PUBLIC HEARING: Appeal No. 787 - 7:30
Upon application of Odile and Arthur Follenius, 16 Osprey
Nest'Road, Greenport, New York, for a variance in accordance
with the Zoning Ordinance, ArtiCle L~I, Section 304, for
permission to erect an attached garage with insufficient
setback from the road. Location of property: Osprey Nest
Road, lot ~16, Cleaves Point,. Section I, Greenpert, New
York. Fee paid $5.00.
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.
Southold Town Board of App~ls -2-
July 22, 15~
THE CHAIRMAN: Is there anyone present who wishes to
speak in favor of this application?
FRANCES SHAPERIO: (propert
Both my husband and I give our
MRS. GEORGE GARBE: I spe~
We have no objection to this cc
MRS. FOLLENIUS: All these
Mr. Terry measured it himself.
THE CH~TRMAN: Anyone else
this application2
fThere was no response.)
THE CHAIRMAN: Are there
(There was no response.)
THE CHA~: Is there any
heard in opposition to this ap~
(There was no response.)
After investigation and i~
the applicant wishes to erect
insufficient setback from the
that the applicant~R situation
fact that the property is boun~
specifically Osprey NestRoad.
proposed garage will be twenty-
the road. This will allow ampJ
completely backed out of the g~
y owner is Cleaves Point) :
support to this construction.
for my husband and myself.
nstruction.
measurements are accurate.
wish to be heard in favor of
y questions?
one present who wishes to be
lication?
spection the Board f~nds that
n attached garage with
oad. The Board finds
is unique in view of the
kd on three sides by a road,
The Board finds that the
two feet (22') back from
e space for the car to be
.rage before the rear end
of the car reaches the edge of the pavement. Thus the
construction of.the proposed garage should not create
a traffic problem. The erection of the proposed garage
will in no way change the characterlof the district. The
dwelling already on the property will remain a one.family
dwelling, the same as the other dwellings in the immediate
area.
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessarFhardship;
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.
Southold TownBoard of Appea~s -3- July 22, 196~
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that Odile and Arthur Follenius,. 16 Osprey Nest
Road, Greenportt New York, be granted permission to erect
an attached garage with insufficient-setback from the road
on property located on Osprey Nest~Road, lot-$16, Cleaves
Pointt Section I, Greenport, New York.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse~ Mr. Grigoniso
PUBLIC HEARING: Appeal No. 788 - 7:45'
Upon application of'RichardCron, Esq.,, a/c H. Alvin'Smith,
Mattituck, New York, for a variance in accordance with the
zoning Ordinance, Article'X, Section 1000B, for permission
to erect a dwelling with insufficient floor area. Location
of property: private road off the south side of New Suffolk
Avenue, Mattituck, New York, bounded north byA. H. Smith~
M.. Suter, east by Halls Creek-Paust, south byPeconic Bay,
west by Martin Suter. Fee paid $5.00.
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: Is there anyone present-who wishes-to speak
in fa~or Of this application?
!(There was no response.)
THE CHAIRMAN: As I understand it, Mr. Bergen was notified
verbally that this~applieation was to be withdrawn. There
is obviously no one here to speak-in favor of the application.
Is there anyone present'who wishes to be heard in
opposition to this .applicat~ion?
MR. PAUST:(adjoiningpr~operty owner): I.oppose it.
F~%RTINSUTER:~Adjoining property owner): I would like
to be recorded as being opposed and that the buil~4ng
inspector be up-held.
(It was established that Mr. Paust owns approximately
two acres and Mr. Suter~s property is approximately 350~ by
900 feet. )
$outhold Town Board of-Ap~lals -4- July '22,1~
THE CHAIRMAN:~Does anyone else wish to be heard in
opposition to this application?
(There was no =esponse.)
After investigation and inspection the Board finds
thak the applicant request permission to erecta dwelling
with less than 850 square feet of floor area, the amount
required by the Southold Town BuildingZon~Ordinance.
The structure proposed by the applicant would only have
416 square feet of floor area, less than half the floor
area required. The Board finds that there is no hardship
involved, in view of the fact that the applicant owns
~more than enough land to build a larger dwelling and still
comply with the setback and sideyard requirements. Although
the applicant does not propose to use this structure as
a permanent dwelling, the Board would be creating a
precedent of granting small undersized dwellings. The
Board finds that o~her dwellings in the area are over
850 square feet-and to grant the erection of an under-
sized dwelling wou~ld change the character of the district.
The Board finds that strict application of the Ordinance
will not produce .practical difficulties or unnecessary
hardship; the hardship created is not unique and woQld 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
andwill change the character of the distr~ct.
On motion by Mr. Hulse, seconded by Mr. Grigonis, it was
RESOLVED that Richard Cron, Esq., a/c H.-Alvin Smith,
~attituck, New York, be denied permission to erect a
dwelling with insufficient floor area on property located
on a private road off the south side of'New Suffolk'Avenue,
Mattituck. New York.
Vote of the Board: Ayes:--Mr. Gillispie, Mr. Hulse, Mr. Grigonis
Southold Town Board of App~ls -5- July 22, l~J5
Mrs. Heffeman, Mr. John Motocci, amd Mr. Horton Bart
appeared before the Board for anninformal discussion.
They are all property owners on Island View'Lane in
Wickham Park. They advised the Board th~ an adjoinin~
property owner, Mr. Maillet, has built a dwelling which
they are all verymuch opposed to. The Board advised
them that the Town can not control the type of structure
a person erects as the Town does not have a building
code. The parties involved further advised the Board
that Mr. Horn had sold an easement right that belong
to the other property owners in WickhamPark, to Mr.
Maillet so he would have enough land to build a dwelling
on. They wanted to know how Mr. Horn could sell the
property owners easement right. The Board advised them
that the BoardcfAppeals had no power in this matter
and they could best be advised by consulting an attorney.
On motion by Mr. Gillispie, seconded by Mr. Hu~, it was
RESOLVED that the Southold Town Board of Appeals
set 87:30 P.M,(E.D. SoT.)~ Thursday, August 5, 1965, at
the Town Office, Main Road, Southotd, New York, as
time and place of hearing upon application of-Charles
E. Ashdown~ Indian Neck Lane, Peconic, New York, for a
variance in accordance with the Zoning Ordinance, Article
III, Section 300, Subsection 6, for permission to build
a detached garage in the front yard area. Location of
property: north side of private road off Indian Neck Lane,.
Peconic, New York, bonnded north by-Creek, east by H.C.
Wright, south by private road, west byA. J. Marston.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Hulse, Mr. Grigoniso
On motion by Mr. Hulse~ seconded by Mr. Grigonis~ it was
RESOLVED that the Southold Town Board or, Appeals set
7:45 P.M.(E.D.S.T.), Thursday, August 5, 1965, at the Town
Office~ Main Road~ Southold, New York, as time and place
of hearing upon application of Frederick N. Davis, Jr.
andWf., 212 Oak Street, Greenport~ New York, for a variance
in accordanc~ with the Zoning Ordinance, Article III~ Section
303, and Article X, Section 1000A, for permission to divide
a lot with insufficient frontage and erect a dwelling on
same. Location of property: west side Sunset'Lane~ Green-
port, New York, bounded north by Smith, east by'Sunset~Lane,
south by Young~ west by Eastern Shores, Inc.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Hulse, Mr. Grigonis
Southold Town Board of Appalls -6- July 22~ 1~_~
On motion by Mr. Grigonis, seconded by'M~.. Giltispie~ it was
RESOLVED that the Southold Town Board of Appeals set
8:00 P.M.(EoD. SoT.),~ Thursday~ August 5, 1965~ at the
Town Office, Main Road, Southold, New York, as time and
place of hearing upon application of John J. Mc/4ahon, a/c
Dorothy McMahon, North Sea Drive, Southold, New York, for
a variance in accordance with the Zoning Ordinance, Article
III, Section 300~ Subsection 6, for permission to erect a
detached garage in the front yard area. Location of property:
north side North Sea Drive, Southold, New York, bounded north
by'Long Island Sound, east by Lounsberry, south by North
Sea Drive, west by J.J. Vaccaro.
Vote of the Board:Ayes:-Mr. Gillispie, Mr. Hulse, Mr. Grigonis
On motion by Mr. Gillispie, seconded by Mr. Hulse~ it was
RESOLVED that the Southold Town Board of Appeals set
8:15 P.M.~(E.D.$.T.), Thursday, August 5, 1965, at the Town
Office, Main Road, Southold, New York, as time and Place
of hearing upon application of'Crescent Beach Motel, Green-
port, New York~ for a special exception in accordance with
the Zoning Ordinance, Article IV, Section 408, Subsection (a),
for permission to erect a directional sign on the property
of Augustus Straussner, located north side Route 25, Traffic
Circle, Greenport, New York, bounded north by Joseph~randi,
east by Sound Avenue, south by Main Road, west by Augustus
Straussner.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Hulse~ Mr. Grigor~
In accordance with a letter received from the Cutchogue
fire Department, it was
RESOLVED that the Cutchogue Fire Department be granted
permission to display posters in the Town of Southold
advertising their annual "Bar-B-Q". These posters will be
displayed between August 7, 1965, and August 29, 1965.
These posters will be removed promptly after the event.
It is believed this is in the public interest.
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. Hulse, Mr. Grigonis.
Southold Town Board of Appeals -7- July 22, 1~5
Th~ following letter was written to the Scared Heart
Rectory in Cutchogue:
Dear;Father Hogan: In response to your letter it would
be the Board of Appeals suggestion that you find other means
of advertising your Barbecue than placing posters at random
on trees. Individual owners of trees might well object to
this procedure, and it is our opinion that to grant this
permission would be to confer a privilege on your group
which is denied to all other groups. Further, while the
Board of Appeals is ssrmpathetic to your aim, we do not
believe this type of advertising to be in the best interest
of all of the people in the Town of'Southold. There are
25 to 30 churches in the Town of Southold and it is not
difficult to imagine all of these organizations requesting
the same permission.
Courteously yours, Robert-W. Gillispie, Jr., Chairman,
Southold Town Board of Appea~.
On motion by Mr. Gillispie,. seconded by Mr. Hulse, it was
RESOLVED that the minutes of the Southold Town Board
of Appeals dated.July 8, 1965, be approved as submitted.
Vote of the Board: Ayes:-Mr. Gillispie, ~ Mr. Hulse,
and Mr. Grigonis.
The next meeting of the Southold Town Board of Appeals
will be held on Thursday, August 5, 1965, at the Town Office,
Main Road, $outhold, New York.
Meeting adjourne~ at 10:30 P.M.
Respectfully submitted,
Barbara g. Dittmann, Secretary
d To~n Board of Appeals