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Home My WebLink AboutZBA-12/18/1975Southold Town Board of Appeals SOUTHOLD, L. I'., N.Y. 11c3'71 Telephone 765-2660 APPEAL BOARD MEt~BE~S Robert W. Gillispie, Jr., Chairman. Robert Bergen Charles Grifloni% Jr. Serg~ 'Doyen, Jr. Fred Hulse, Jr. MINUTE S Southold Town Board of Appeals December 18, 1975 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, December 18, 1975 at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gi!lispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr. Also present: Sherley Katz, Long Island Traveler- Mattituck Watchman. Absent: Messrs: Charles Grigonis, Jr. ~and Serge Doyen, Jr. On motion by ~. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the special meeting held by the Southold Town Board of Appeals on December 3, 1975 be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gill. ispie, Bergen, Hulse. Southold Town Board of Appeals -2- December 18, 1975 The Board had an informal discussion with Mr. Joseph Cornell who was present to ask permission to dig the foundation and pour the footings on property of Frank and Edna Guarriello, Lot 61, Cleaves Point, Greenport, New York before the date scheduled for a public hearing. The Board set 7:45 P.M., January 8th, for a hearing. The applicant requests permission to reduce southerly side yard requirement from 15 feet to 13 feet on Lot 61. A letter in the file from the Building Inspector to the Board of Appeals indicates that the lot in question is on a subdivision map, and Mr. Terry does not feel that the corner encroachment will interfere with any of the neighbors. ~ir. Cornell said that if the Board should deny the request at the hearing, he would rearrange the size of the house but because of the weather he wanted to get started quickly. The Chairman said that he could not forsee any difficulty and that he would call the Building Inspector in the morning to say that the Board agrees that Mr. Cornell should be allowed to dig the foundation prior to the hearing. PUBLIC gEARING: Appeal No. 2091 - 7:45 P.M. (E.S.T.) upon application of William J. Clark, Esq. a/c Theofanis Kyvernitis, 17 Sound Beach Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and width. Location of property: Lot Nos. 117 and 118, Map of Captain Kidd Estates, Central & Inlet Drives, Mattituck, N.Y. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read notification by certified mail to Harry Constantine, Inlet Drive, Mattituck, New York; and to Thomas Constantine, 114 Ernest Street, North Massapequa, N. Y. The application is accompanied by a Map of Captain Kidd Estates filed in 1947. "I hereby certify that this map was made by me from actual surveys completed January 31, 1947 and that concrete monuments have been set by me as shown hereon thus: s/s Otto W. Van Tuyl." The applicant is surrounded by lots of the same approximate size. Southold Town Board of Appeals -3- December 18, 1975 THE CHAIRMAN: Is there anyone preseBt who wishes to speak for this application? WILLIAM J. CLARK, ESQ.: In behalf of the applicant, Mr. Theofanis Kyvernitis, I would urge that this application be approved. It would comply with the individual scheme as they were all individual lots originally until purchased by-the present applicants~ THE CHAIRMAN: It looks as though the people in back of you bought adjoining lots also. They may also come in for a variance. MR. THEOFANIS KYVERNITIS: I would have no complaint. I don't tkink there would be any objection from people. His son is married to my daughter° THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with insuffici- ent area and width. The findings of the Board are that applicant is surrounded by similar size lots in the Captain Kidd Estates subdivision, and it would be a hardship to the applicant if the Board were to deny this application. A denial would not be supported hy the area. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce p~actical 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 will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED, William J. Clark, Esq. a/c Theofanis Kyvernitis, 17 Sound Beach Drive, Mattituck, New York, be GRANTED permission to divide property with insufficient area and width, Lots 4117 & 9118, Southold Town Board of Appeals -4- December 18, 1975 Map of Captain Kidd Estates, Central & Inlet Drives, Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Hulse. Twenty (20) Sign Renewals were reviewed and renewed as submitted. The Chairman read letter dated November 13, 1975 from The Suffolk ~ounty Planning Commission, as follows: "Pursuant to the requirements of Sections 1323 to 1332 oftthe Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determina- tion. A decision of local determination should not be con- strued as either an approval or a disapproval." Applicant Albert Richmond Michael Colavito Thomas W. Craig Municipal File No. 2086 2088 2090 S/S Gerald G. Newman Chief Planner Other correspondence was read and approved for filing. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.S.T.), January 8, 1976, at the Town Offi~e~ Main Road, Southold, New York as the time and place 0~ ~a~ring upon application of Joseph C. Cornell, Waterview Drive, S~uthold, New York a/c Frank and Edna Guarriello for a variance in accordance Southold Town Board of Appeals -5- December 18, 1975 with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient seid yard. Location of property: Lot No. 61, Map of Cleaves Point, Section III, W/S Maple Lane, Greenport, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Gillispie, secanded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:55 P.M. ~E.S.T.), January 8, 1976, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Louis A. & Elinor Jagel, Bay Shore Road, Greenport, New York for a variance in accordance with tke Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lots with insufficient width and area. Location of property: W/S Bay Shore Road, Greenport, Lots 104, 105, 106, Map of Peconic Bay Estates, ~1124. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals'set 8:10 P.M. (E.S.T.), January 8, 1976, at the Town Office, Main Road, Sou%bald, New York, as the time and place of hearing upoR application of Epes W. and Gloria M. Sargent, 75~ Bay~iew Road, S~uthold, New Y~rk, for a uaria~ce in accordance wi~h the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. LocatiOn of property: Bay¥iew & Baywater Roads, Southold, bounded on the north by Bayview Road; east by St. Patrick's Cemetery; south by Town of Southold; west by P. Sarkus. Vote of the Board: Ayes:- Messrs: Gillispie, Berqen, Hulse. Southold Town Board of Appeals -6- December 18, 1975 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:25 P.M. (E.S.T.), January 8, 1976, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Angelo & Joan Accardo, 54 March Court, Selden, New York for a variance in aCcordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Wabasso Street & Hiawatha's Path, Southold, bounded on the north by Hiawatha's Path; east by Hiawatha's Path; south by now or formerly J. J. Beck and E. Antonison; west by Wabasso Street. Vote ~of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. The meeting was adjourned at 9:30 P.M. Respectfully submitted, A P. ROVED arjorit~ McDermott, Secretary Robert W. Gillispie, ~., Chairman