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HomeMy WebLinkAboutZBA-07/03/1957 TOWN OF SOUTHOLD OFFIDE OF BUILDING INSPEP. TnI~ TOWN r. lerk'S OFFIOE SOUTHOLD, N. Y. MIEUTES Southold Town Building Zone Ordinance Board of Appeals July 3, 1957 A regular meeting of the Zoning Board of Appeals was held at the Town Clerkls office in Southold, N.Y., on Wednesday, July 3, 1957, at 7:30 P.M. There were present: Mr. R. W. Gillispie, Jr., Chairm~n Mr. Herbert Eosenberg Mr. Charles Gregonis Mr. Robert Bergen Also: Mr. Howard M. Terry, Building Inspector Absent: ~,~. Serge Doyen, Jr. PUBLIC ~]ARING - APpeal No. 6 - Upon application of Philip C. Fuller, Bray Ave., ~ttituck, ~.Y., for variance to the Zoning Ordinance, Article III, Section 303. Location of property in question: Bray Avenue, ~ttltuck, E. Y. Chairman opened the hearing by introducing members of the Board. He then read letter to Mr. Fuller, dated june 20, 1957, advising him of date of hearing, legal notices and affidavits from two official town newspapers and petition for variance. Chairman: "Is there anyone present who wishes to speak "for" this appeal?" Mr. J. Haley: "Yes. I am representing 5~. Fuller and would like to present photostate copy of certified map No. 1582, dated F~rch 28, 1928, certified by the County Olerk:s office, covering subdivision of the George I. Tuttle estate, on which lot in question appears. Mr. Fuller is very anxious to start building. He intends to ~uild a small summer cottage, which will eventually be used as a permanent residence. He did not take title until after April of 1957. Lot in question is Eo. 55. Lots 54 and 56 were owned before zoning went into effect; 5~. Barry is owner of lot 54 m~d lot 56 is owned by Mr. Finnegan. We tried to buy a part of Mr. Barryls lot but he stated he did not wish to sell and Mr. Finnegan never answered us at all which is an indication to us that he was not interested in selling." Chairman: "Is there anyone who wishes to speak "against" this ~ppeal? There being no one here wishing to speak "against" we will close the hearing and I believe that the Board can reach an immedts,te decision. Are there any further questions?" HEARING CLOSED. Appeal No. 6 - Decision of the Board: Upon ~3_nanimous vote of the Board, variance was granted to permit construction on Lot No. 55, 50! x 150~, because the variance does observe the spirit of the 0rdi~uce s~d would not change the character of the district; Article VIII, Section 801-A, paragraph C. Zoning Board of Appeals July 3, 1957 MINUTES, Continued PUBLIC HEARING - Appeal No. 7 - Upon ~oplication of George W. Smith & Sons, M~in Road, Southold, N.Y., building for George Polykranas, for variance to Zoning Ordinance. Property located on Kenneyls Road, ~uuthold, N.Y. Chairman opened the hearing by reading legal notices and affidavits from two offiCial town newspapers, letter of J~3Jae 27, 1957, to ~ppellant advising them of date of public hearing and petition for variance. Board studied filed map of "Ke~tuewood", dated January 21, 1954, Lot No. ll7, 75t x 148,94t. Chairman: "Is there anyone here who wishes .to speak "for" this appeal?" Mr. Howard M. Terry: "As a citizen of the Town I would speak for it." Chairman: 'What is your reasoning?" Mr. Terry: ~4y reasoning is that it is a borderline case. They have contracted to build ~ut house was not started at the time zoning went into effect and as the Town Board has not taken any action in connection with filed maps up to this time I believe the variance should ~e granted." Oh~irman: ~hy wouldn't they set a precedent for all the lots?"' Mr. Terry: "It would not set a precedent as they are only asking for variance on this one lot." Chairman$ "What makes it borderline?" Mr. Terry: "Contract was signed before zoning went into effect and title changes on completion of job." Chairman: "How many lots have been sold?" Mr. Terry: "I haventt asked how nmny. T hey are willing to go along and widen the other lots if the T own Board does not carry through on revalidating their map." Chairman: "Is there anyone present who wishes to speak "against" this appeal? There being no one wishing to speak "against" this appeal hearing is closed." NEARING CLOSED. Mr. Bergen: ~e should have it understood that we do not make a practice of granting building permits on undersized lots in developments, whether the map is filed or not, until the Town Board clarifies the position on filed maps. The Board agreed unanimously to grant this appeal, Article VIII, Section 801-A, paragraphs B and C, and to write the appellant advising them that this is not to be construed as a precedent for granting variances on other 75! lots in "Kennewood" or elsewhere. Mr. Frank R. N~chols & Mr. A. Riley appeared regarding lot they ~re thinking of buying from Mr. Braun in the Nason Development in Mattituck. N. Y. Lot No. 28, 75* x 160! on unfiledmap. Lot is in single and separate ownership and has ~een for three years. Property on %oth sides of lot sold and they w.a~ted advice as to whether they would have to get a variance before they purchase the lot. Board advised that a variance could be applied for by either the prement owner or a future purchaser Zoning Board of Appeals July 3, 1957 MINUTES, Continued and that a variance would have to be ~pplied for before a building permit could be obtained. Mr. Nichols and Mr. Riley then presented a map of Laughing Waters, Mattituck, N.Y. 5 lots with an average depth of 1601 x 66! in width. Board suggested taking 4 of these lots and widening them to 1001 which would give them 3 lots conforming to the Ordinance, with i lot at the width it now stands. They would then have to apply for a variance if they wanted to tmild on the undersized lot which would be left. Minutes of the June 27th meeting were read. On motion made by Mr. Roseq~erg, seconded by Mr. Bergen, and carried, Minutes were approved. Meeting adjourned at 10:~0 P.M. Grace B, Meyer Secretary