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HomeMy WebLinkAboutZBA-11/14/1957 APPEAL BOARD MEk4BERS Robed' 'W. G~lllsp[m Jr. Chairman Robed. IJergen Herb~d. Rosenberg Char!es Gregon]$, Jr. Sercj~ Doyen, Jr. -~OUTH[]LD, L.I., N.Y. Tmlepl~one SO S 2660 ~INUTI~S. Southold Town Board of Appeals November 14, 1957 A regular meeting of the $outhold Town Board of Appeals was held at 7:30 P. M. on Thursd~, November 14, 1957, in the Town Clerkts Office, Southold, N. Y. There were present: M~. R. W. Gillispie, Jr., Chairman Mr. Robert Bergen Mr. Nerbert Rosenberg Mr. Serge Doyen, Jr. Absent: Mr. Charles Gre~oni$, Jr. Also present: Mr. Howard M. Terr~, B~.ilding Inspector PUBLIC NE~RING - Appeal No. 35, application of Charles L. Becket of 161-30 129th Avenue, Jamaica, N. Y., for a varimnce to the Zoning Ordinance under ARTICLE III, Sections 303 and 307 on lot on North Side of So,nd View Avenue, Southold, N. Y., 30' frontage, 10' rear x 255~/250! in depth. Mr. Becker and Mr. Matthew J. Clark, acting as ~gent for Mr. Becker, were both present at the hearing. ~pplic~.tion for appeal, letter to Mr. Becker advising of date of public hearing and legal notices with affidavits from two official town newspapers were read by the Chairman. Chairman: "Is there anyone present who wishes to speak "for" this appeal?" Mr. Becker: "I have laid out on the form and sketch attached just what I would like. I can fturther t?~t by shewing pictures of the property. I will stay away about 3 to 5 feet from the corner. I do not see what objection there would be to my putting up a nice little house." Mr. Rosenberg: "I do not think ttiere is any question raised about wh~t kind of house you are going to put up. You may not go Further out than Clark's house or McDonald's house. You would have to be on the line according to the Ordinance. You ~st not out the house a~y further on the Sound than the houses in the vicinity." forward." ~' Becker: "The Clark house is ~way back and the McDon~zld house is further - £ -- Novembe. ~4, I957 Board of Appeals MIhVJTES, Continued Mr. Rosenberg: "The 01~rk house aud the McDonald house are on a line about 9-1/2t back from the monument. Between the two monuments Mr. Beckerls property is 221. At the htgh w~ter mark it is 301." Mr. Becker: "! thought it was 25t but I know you h~ve been down to see the property Mr. Rosenberg." Chairm~m: "This proposed building is to be a rental unit?" Mr. Becket: "No. I want to use it for myself. I would not say that I would not rent it but at the present I intend to use if for my wife and myself." ske t ch." Terry: ~)o you have a surveyor's map?" Mr. Clark: "No. We only have a description of the property and ~. Beckerls Chairman: "I understand that the Clark barn is 6~ from the property line and the McDonald outbuildings are about 5~ from the line. Mr. Rosenberg: "Might I ask, Mr. Becker. when you bought this land?" Mr. Becket: "I bought it April $, 1957." Mr. Rosenberg: "Did you know that 13 other people have right of ws.vprivileges to the beach. You stated that they will have a path to the beach. Isn't it up to them to decide where they will walk? It is in their deed isn't it that the right of way exists over all of the property?" Mr. Becket: "They will still have a path to the beach. I have a stairway there now and there is nothing to prevent me from tearing it down if I want to. I did not sa~ ! will but I could. They h~ve ingress aud egress. Chairmaa: "This is just a point o£ interest. Mr. Clark youare representing Mr. Becker. When this property was sold to these 13 other people I presume that one of the inducements was that they would have the right to ingress and egress to the beach. Who .Uut in the stairway?" Mr. C~ark: "It was ,out there origin~lly by me and then the folks would get together and put in new stairs when necessary if they were damaged by hurricane or storm. There is also a plaukwalk there now. W Mr. Becket: "I carry liability in~arance on it now." Cha/rmau: "Is there auyone present who wishes to speak "s~inst" this appeal?" Mr. Rosenberg: "I have a few letters here which were sent to me from some of the interested parties." Letters from Mr. John E. Sebor. Mr. Charles Ruderman and Mr. W. J. ~4cDonald were read by the Chairmaa. The letters opposed the violation~w of the right of way and it was explained to Mr. Booker that the Board was not concerned with interpretation of the law but only the Zoning Ordinance. Chairman: "Is there anyone else, Mr. Terry, that you know of who h~s expressed an objection to the granting of this variance?" Board of Appeals November 14, 1957 ~INUT~,S, Continued Mr. Terry: "There have been a lot of inquiries and I know the Clark family on the westerly side object to any change." Cb~.irman: "i am going to make a suggestion. We can either make a decision on this now or we can postpone the decision until, and this is just a suggestion, you determine whether or not these people are going to prevent you from building a house on this property. It has been brought to our attention that injunctions have been obtained to prevent someone from building on property where people have a right of way. This is something we cannot determine for you. So far as the Zoning Ordinance is concerned ! believe that we would not or could not properly deny you th~ use of your property. However, we ~robably would not vary the side yard requirements under 50 percent, which is 25 feet, since this is such a narrow lot. The closest you could probably come would be 5 feet on one side and 7-1/2 feet on the other side. You could possibly obtain from the people who have a right of way across this property some sort of document, which could be prepared for their signature, stzting that it was alright for you to build." Mr. Becket: "I personnally think that if Mr. Terry would have told. me about this variance I would not have had to pay $15.O0 to find out about it." ~hairman: "Mr. Terry cannot ~peak for the Board of Appeals. I think t~,t the attitude of this Board would be that we would not give under 50 percent of the variation." Mr. Becker: "Mr. McDonald is right on m~ line and I can cut everything down that is on my line. I would not want to do it but I could do it." "McDonald and Clarks have no right to this right of way." Mr. Doyen: "Mr. Becker the Board. has certain policies which have to be followed through. We are not here to prevent you from buildiug. We are here to carry out the provisions of the Ordinance. Do we say you c~ot build?" Mr. Becket: .No. You are advising me." Chairman: "You will have to admit that this is a n~rrow lot. As I said before, we cannot deprive you of the use o~ your property and would not want to But I am suggesting that someone might prevent you by legal means, and I understand that this can be done by any ome of the people who have ingress and egress over all of the property. ! would think that you ~hould determine this first." Mr. Clark: "In the very beginning when the easements were given ! do not think that it was the intention to give them easement overall of the property." Chai~nan: "It is a fact that the right of way exists. The deed we have here states it ts over all of the property." Mr. Becker: "You will grant me a varis~ce?" Mr. Rosenberg: "Yes a variance could be granted up to 50 percent, which would be 5' on one side and 7-1/2' on the otter." Mr. Becker: "You could not lower it a~y?" Chairm~n: "I think the Board is prepared to ~e a decision." MA-. Becker: "Can any decision be appealed at any time?" Novembe~ ~, 1957 ~oard of Appeals MINUTES, Continued Mr. Rotenberg: "Our decision will be filed with the Town Clerk. You have an opportunity within 30 days after our report has been filed in which to appeal our decision. Your appeal would be to the Supreme Court of Riverhead." Decision: It was the unanimous decision of the Board that the appeal be denied. The Board was unwilling to vary the side yard. requirements beyond 50 percent, as rec_uested. PUBLIC HEARING - Appeal No. 36 on application of Miss Helen J. Medeiros of 727 ~irst Street, Greenport, N. Y., for ~ variance to the Zoning Ordinance under AP. TICLE III, Section 303 on lot 1501 in ~dth on Sunset Lane, Greenport, N. Y. Variance re- &, quested in order to divide lot into two 751 lots. Application for appeal, letter to appellant advising of date of public he~ring and notices with affidavits from two official town newspapers were read by the Chairman: Ohairma~: "Is there ~u.vone present who wishes to speak "for" this ~opeal?" Miss Medeiros: "I bought the lots or property with the intention of building on one lot and my nephew intended to build on the other. I am asking for the variance as I possibly might like to sell one or both of the lots. I might be able to sell it as one lot but if not I would like to have the privilege of selling both as 75 foot lots. All of the property in this vicinity and on this Lane are of the 75 foot width. Decision: Board~ously agreed to grant the variance since lot was purc~sedand held in single and separate ownership before the en~ctment of the Zoning Ordinance and it was the determination of the Board that the variance observed the spirit of the Ordinance and would not change the ctzaracter of the district since all other lots in the distric~ mre of similar size. PUBLIC HEARING - Appeal 37 on application of Kenneth A. Papish, K. A. Papish Equipment Company, Sound Avenue. M~ttituck, N.Y., for a variance to the Zoning Ordinance under ARTICLE II, Sec~bn 202, for an addition to ~ non-conforming business on South Side of Sound Avenue, Mattituck, N. Y. Lot: 200~/177' x 3251/235~. There being me one present to speak either "for" or "agzinst" this ~ppeal the Board studied petition and accompanying data. It wms ~heunamimous decision of the Board to grant the variance for an addition to a non-conforming business whose t~Ailding program was not complete at the time of the en~ctment of the Ordinance. The Board's feeling was that the variance observes the spirit of the Ordinance and would not change the character of the district as the business is located in an open area and not close to any residence or dwellings. Minutes of the October 31st meeting were read. On motion made by Mr. Bergen, seconded by ~4r. Rosenberg, and carried, minutes were approved. The next meeting of the Board will be held on ~ecember 12, 1957. Nesting adjourned at 11:05 P.M. Re spe ct fully submlt t ed Grace B. ~4eyer ' ~J Secretary