HomeMy WebLinkAboutZBA-06/13/1957 MIhUJTES
Southold Town Building Zone 0rdir~.~ce
Board of Appeals
June 13, 1957
regular meeting of the Zoning Board of Appeals was held at the Town
Clerkle offiee in Southold, N. Y., on Thursday, June 13, 1957, at 7:30 P.M.
Present were: Mr. Gillispie, Mr. Rosenberg, Mr. Gregonis and Mr. Bergen.
Also: Mr. Howard Terry, Building Inspector.
Absent: Mr. Serge D 0Yen..
Mrs. Wells and Mr. Haley appeared for Mr. Fuller, buyer of property
owned by Mrs. Tuthill on West Side of Brs~ Avenue, Mattituck. On filed
map No. 1582dated March 28, 1928. Mr. Haley questioned whether they coul~
get permit to build house on a 50! lot. Mr. R osenberg advised that there
would have to be'a public hearing on this m~tter~ S~ggested that in the
meantime, while awaiting public hearing, the Town Board migh% come through
with another ruling in Megard to filed maps. Board advised Mr. Haley he
would not have to appear in person at hearing. Public notice to be filed
and hearing to be held at a later date.
PUBLIC ~U~ARING'- APPEAL No. 2 - ¥~. George E. Baum~m~, No. 0akwood
R cad, Laurel, N.Y. Hearing held on appeal for variance in matter of
location of private g~rage on his property. Legal notices and affidavits
from two local newspapers were read by Mr. Roeenberg. Chairman asked
whether anyone wished to speak "a~ainst" Mr. Baum~mtuls ~opeal. There being
no one present to speak "against", Mr. Baumann spoke "for" appeal and ad-
vised that the laud in question slopes to such a degree that it would be a
hardship to conform strictly to the ordinance. Board unanimously agreed
that this variance be granted.
PUBLIC ~E~ARING . APPEAL No. 3 - Charles Novit, Orient Point, N. Y.
Hearing held on Mr. Novitls appeal for variance to the zoning ordinance.
Property in question located Fiddler I~mue, Greenport, N. Y. Legal notices
and affidavits were read by Mr. Rosenberg. Chairman: "Is there anyone
present who wishes to speak "for~ this appeal? Mr. King of the Ruscon
Construction Corp., Riverhead, N. Y., builders of proposed building, replied:
"Mr. Novit would be unable to build his home unless he received ~ v~riance
as the F.H.A. are fi~ncing same and they will not ~pprove loan unless we
build well outside of house, not in mir space. F.H.A. requires 100! from
well point to a cesspool and unless we are granted a 25~ setback we will be
unable to meet their requirements." Chairn~m~ "Is there anyone here who
wishes to speak "against" this appeal?" There being no response, the board
unanimously agreed that a 25~ setback be granted. Mr. King: "There are
buildings in the vicinity which were built on a 25~ setback prior to the
zoning ordinance.
Beard e£ Appeals
MI~UdTES, Continued
Mr. Peter Polite, Venteau Construction Cerp~, Nattituck, presented au unfiled
m~p ef property bough from Fleet Estate, Cutchogue, about a year age. Lots 105,
106 and 107 - 50.45t front with varying depths of from 130 to 138t. Is willing
to divide lots into two lots of an average area of ?5! x 130~. Beard agreed
that since Mr. Polite is willing te increase the size of the lets they would be
willing to work with him. An ~Dpeal to be filed for variance and public hearing
to he'held.
Mr. Polite also presented unfiled m~p of Sandw~ Shore Hemes, Laurel, N. Y.
M~p d~ted August 1954, Mr. A. Young, surveyor. Lots 701 x 90~. Wants to build
14 houses of the ranch type ~ut with the new ordinance would need a variance on
a 25' setback. Houses built in this commttuitywith a 25~ setback were approved
in 1956 by the board of health as to la. out, grading, cesspool, setback, etc.
Aaked for opinion as to whether er not he would be permitted to build now.
Beard advised that the Seuthold Town Board is now getting legal advice in regard
te these variances and advised Mr. Polite to wait ttutil some word comes through
from the Town Board before filing appeal.
Mr. Riley (A. Riley & Sons, Inc.) Mattituck - Re: 3 lots in Mason Development,
Mattltuck. Bought in November 1956. Lets 75~ x 140t. One house sold, another
sold on contract and title to be closed 26th of June. This leaves one center
let. Board ~greed that since Mr. Riley owned lets separately at the time the
ordinance went intoeffect there would be no reason why he should net be granted
a building permit. Mr. Riley then mentioned a house started on Oregon Road,
Mattituck. Foundation bas been in since October and they are Just going to
start working on house new. Board advised Mr. Riley he would need a building
permit. Laughi~ Waters - Plot 78! x 202t. Party wants to build guest cottage
16~ x 38! and he w~nted te know whether he would need a variance. Board advised
he would need only a building permit. Mr. Riley advised he h~d five ether under-
sized lets and he was advised by the beard to cut these lots up into four lots
to comply with the ordinance.
J. Abbott Muir, Greenport - Marin~ docks. Mr. Muir discussed with the beard two
pieces of property north end of Sterling Creek. One is sold. Non-conforming
use. Mr. Muir still holds title. Other piece on Sandy Beach development (1200!
on road and 800 to 900~ on creek. Town Board arrived at a satisfactory agreement
with them as to dredging. Wants to develop small piece on head of creek which
was completed before zoning and does not feel that they should be foreed to
comply with the new zoning ordinance. Will file formal application for re-
zoz~ing.
John A. O~Keeffe, 120 Court St., Riverhead, N.Y. - ~ttorney for Cedric H. Wickham.
Board agreed to write Mr. O~Keeffe, returning petition, check and all pertinent
papers, advising him that each of the lots referred to should be appealed separ-
ately and that in each petition an engineer's description of the property be
given.
The Building Inspector then brought up the following problems which the
beard discussed in detail as fellows:
Zelots Toliver, Greenport - Lot 50! x 120! on 9th & Corwin Sts., recorded on
filed map as far back as 1921. Assessor has assessed property on acreage basis.
Mr. Toliver desires to ~ lot but he was advised that since it is assessed on
acreage basis he would have to h~ve a lot 10et in width. Board advised that he
await decision of Town Board on filed maps.
June 3, 1957
Board of~ppeals
M~,ItUTE~, Oontinued
Trig~e Torgeson and several others have questioned the right to place a trailer
on property in "A" zone as temporary living quarters. Board agreed ttua~imously
that a trailer is not permitted in an "A" Residential zone.
William Wetmore, Wic~h~ Park. O~ns 50! lot and wants to buy 501 more but
people next to him will only sell 25I. Would bu~ this and add 20t on the south
side of his house, making about 12t sideyard on e~ch side of house. His own
property now in single, and separate ownership. Board agreed to this as it
would be improving the lot.
M. James Henry, B~yAvenue & Main Road, Riverhead. Corner lot, 65~ on water,
SOt on Main road, 150! deep. Only lot left in that section. Has ow-ned it for
4 or 5 yrs. Wants to build house within 5! of sideline. Deed restrictions
state that ~ll houses have to be back 201 from water~ This would leave only
4! on either side of house. Board unanimously agreed that sideyards of 4t
would not be enough and that this was an unreasonable request ~nd suggested he
change house as house is too large for plot.
Floyd King, East Mario$, N. Y. - H~d signs 4t x 6~ and 2½~ x 3t on farm and
labor camp which were removed for the winter. Wants to replace signs this year
and wants to know if he needs a permit. Board agreed no permit needed.
George McOarth~v, Bay Ave. & Main Road, Mattituck - Lot 1251 x 85! in "B"
Business zone. Wants to know if he can build a one-family dwelling on lot.
Board agreed that this would be okay.
Jtumius Hubbard, M~ttituck - Mr. Bergen advised board that he heard throu~ Mr.
Wm. Krause that Mr. Hubbard had contract with Mr. Wickham to dig cellar for his
house which was supposed to h~ve been done l~st Fall. Cellar is now being dug
right up to neighbors sideline. Lot 200 to 300~ deep x approximately 50t on
road. "A" zone. House being moved to new cellar, clear to line. Board agreed
that house would have to be placed within regulation limits. Cellar can be put
under existing house but house not to be moved any closer to line.
Steven Campbell, Southold. Building house on creek. House three quarters
finished an lawyer dem~uds certificate of occupancy and bank will not advance
payment ttuless certificate obtained. Board agreed that a building permit should
be granted first and then he would get the certificate of occupancy.
William T. Riley, 72 Riverside Drive, Riverhead -APPE~L No. l, dated May
23, 1957, Public Hearing June 7, 1957 - Opinion of the board was ~n~imous that
this appeal for a special permit to build a labor camp, not on a farm, be denied.
Members o£ the board voting on this were: Mr. Gregonis, Mr. Bergen, Mr. Rosenberg,
and Mr. Gillispie; with the understanding from Mr. Rosenberg that Mr. Doyen agrees
with this decisio~ although he was not present to vote. Appeal was denied because
board felt that establishment of this labor camp would violate certain provisions
in Article VIII, Section 801-A, Subsection C, which specifically direct the
criteria to be used by the board of appeals in determining the p~rmissive use.
Specific provisions of the ordlns~ce which we feel would be violated are paragraph
(a) 1,2,3 and 4; as well as paragraph (b) 1,2, and 3. Secretary was then directed
to notify Mr. Riley of the board's decision.
Minutes of the June 6th meeting were read by the Secretary. On motion made
by Mr. Gregonis, seconded by ~. Bergen, minutes were approved as corrected,
and carried.
Jttue 1957
Beard of Appeals
MI~IUTE~, Continued
Minutes of the June 7th Public Hearing were res~i individually by each member
of the board present. On Motion made by Mr. Bergen, seconded by Mr. Rosenberg,
and carried, record was approved.
There being ne further business to come before the beard meeting adjourned
at 12 olclock midniEht.
Grace B. Meyer
Secretary