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HomeMy WebLinkAboutZBA-11/05/1958 PHSOUTHOLD, L. I., N.Y. T~lephone SO 5-2660 APPEAL BOARD MEMBERS Roberf W. C~il!ispie, Jr., Ch*irrn*n Rebert ~ergen Herberf Rosenberg Char!os Gregoni~, Jr, Serge Doyen, Jr. PUBLIC ~ARING o£ the Board of Appeals held at the Fire House at Fishers Island, New York, on November 5, 1958 Meeting was opened by the Chairm. B at 1:35 P.M. Presentt Chairman Robert Gillispie, Jr., Herbert Rosenberg, Robert Bergen and Serge Doyen, Jr. Also present were Howard M. Terry, Building Inspector and Justice E. Pe;~ Edwards. Absent: Charles Gregonis, Jr. The Chairman read the legal notice as published in the Long Island Traveler- Mattituck Watchman and the New London Day. The appeal fee paid $15.00, for the appeal no. 111 of Theodore Arasimowicz for a variance of the Building Zone Ordinance, Article 3, Section 303 for recognition of access under Section 28Oa sub-section 3 of the property located on the Penninsula at Fishers Island, N.Y. as plan of lots on filed map No. 223; lots in question numbers 54, 55 and 56. Notice of the hearing was sent to Mr. Theodore Arasimowicz ,,v~er date of October 25, 1958; also a letter to Mr. William B. May of the Fishers Island Estates notifying him of the time and place of the hearing and requesting b~m or a representative to be present, was mailed on October 26, 1958. The purpose of this notice was to discuss access under private rights of way under the control of Fishers Island Estates Inc. Chairm~B asked if anyone wished to speak for this appeal. Mr. H. Lee Ferguson spoke of the past activities in the area known as the Penninsula, its owners to date and the general characteristics of the properties. He also stated that there are deed restrictions on all of the lots and it would be neces~_~_ry for anyone wishing variances to also get releases from the Fishers Island Estates to cover intended operations. Application by Mr. Arasimowicz to divide the three Iota £uto two was made to Fishers Is~d Estates appro~.~tely three years ago. As yet the estates has not given its con~ent to the best of his knowledge. Mr. ~erguson also stated that in his opinion the applicant's intention to make two lots instead of three would be an improvement to the neighborhood and he is favorable to the application. ~. Serge Doyen: "There are deed restrictions as to lot lines on the property, and building on one and one-half lots as filed would require permission Southold Town Board of Appeals -2- MINUTES, continued (l~. Doyen) from Fishers Island Estatese November 5, 1958 Chairm~n: We have in the past in other instances combined three 50 foot lots and made two 75 foot front lots. Albert Chapalaski: "I own the adjacent lot no. 53 on the same map and feel that granting the appeal would be in keeping and good for the area. I am also interested in Lots 35, 36 and 39 on the same map. I also made an excavation for the applicant on one of his lots three years ago." Francis Doyen: "There was a special meeting of the Directors of the Civic Association where this matter was discussed and they all approved of granting the appeal. Mro Oswald representing Fishers Island Estates, Inc~ "The Estates approve the application and would like to see it passed." Chairman: "Do the Fishers Island Estates, Inc. have an active interest in the roads in the area and do they own the rights of way as shown on the filed map made in 19137" Mr. Oswald: ~Fishers Island Corporation purchased the penninsula in 1924and they were predecessors to the Fishers Island Estates, Inc.W Chairman: "Is there anyone who wishes to speak against this appeal? Noone spoke against it. Chairman: "Are the rights of way in Fishers Island Estates' r~=e and wouS~ the estates ~e responsible for access in the entire area?" Mr. Oswald: "I think it is." Chairman: "The access needs inprovingo The Building Inspector must deny a permit to anyone wishing to build where there is poor access. In some places the road-way is only 8 feet between trees. The road should be improved and underbrush cleared, trees removed, some of the rocks in the road removed to a width of 18 feet. Over-b~ing brush should be cleared to a height of 12 feet~" Mr. Oswald~ "I do not know if the Estates would be willing to do this much at this time." Chairm~n: "We have another situation of a 20 foot roadway that came to our attention earlier this year where there were over-hanging limbs, holes in the road and the access was entirely unsuitable° In this instance the attorney for the Assoc- iation was the applicant for a permit and it was explained to him a permit would not be granted until the roadway was again made suitable. They have an association of property owners in this instance who got together and. cleared the under-brush and tr!~ed the las and fixed the road to a width of 18 feet and a height of at least 12 feet. Section The Board of Appeals has jurisdiction under/280a, Subsection 3 of the Town ~aw. The Chairman then read section 28Oa from the State Zoning l~aw book. You may bring this matter to the Fishers Island Estates. Mr. Oswald: "I will." Southold Town Board of Appeals 3 November 5, 1958 MINUTES continued Mre Chapalaski.~ "Some of the Access is not as shown on the map." Chairman: "If the Estates fixed up the road-way they should form some civic or other association to take care of the roads as has been in other partsof the town. He then explained how many of the developments have their own associations which do thise" Serge Doyen: "What is the difficulty with the Estates and the lots?" Mr. Ferguson: "There are now three lots which are up for sale and the Fishers Island Farms are acting as the Real Estate broker." Mrs. Edmonds: "What would I have to do in case of the sale of a lot?" Chairman: "The inspector must deny the application for a permit if the lot is undersized or has poor access. He then explain ed the three tests necessary for granting a variance and again suggested the roads be widened to 18 feet and cleared to a height of 12 feet, the trees, rocks and underbrush to be removed." Mrs. Edmonds: "w~a~t~heroads would cut do~n on the l~s." Chairman: "We only ask that it be done as shown on the map." Serge Doyen: "Must this be done at once, or as the lots are sold?" Mr. Ferguson: "It seems the Estates should fix the roads now." Serge Doyen: "Could it be done by the new owners in the area up to the lot?" There was a general discussion on all of the lots between the town road and the roads in question. Chairman: ~In this case we can improve access but beyond this point the access would have to be i~proved, clearing, grading, etc. Mr. Grebe: "The biggest complaint in this area is getting a anow plow in in the winter time." Mr. Rosenberg: "This is state law and I read amended Section 280a where there must be a mi~mu~ width of 15 feet for access. We cannot grant access beyond this point under the present time conditionsoa Chairman: "Anything else?" Mr. Ferguson: "We want to thank the Board for coming and hope you will continue te come to Fishers Island for all cases concerning Fishers Island matters. Francis Doyen: "I wish to express the same sentiment on behalf of the Civic Association." Chairman: "We are happy to come." Mr. Ferguson: "we want you to see first-hand any problems that arise over here." Southold Town Board of Appeals 4 November 5, 1958 ~NUTES, continued Chairman: "Anything else?" We will now take a vote of the Board. A resolution approving the appeal was offered by Mr. Rosenberg and seconded by Mr. ~rgen, as follows: The applicant be permitted to divide his property, lots nos. 5A, 55 and 56 on map filed March 11, 1913, so that the lots resulting will be of approximately 76~5 feet front each and may be used for building purposes as undersized lotso Access is approved for these two lots. Robert W. Gillispie,