HomeMy WebLinkAboutZBA-09/11/1958 APPEAL BOARD
MEMBERS
Roberf W. C~ilJispie, Jr., Chairman
Roberf Bergen
Herberf Rosenberg
Char]es Gregonis, Jr.
Serge Doyen, Jr.
SOUTHOLD, L.I., N.Y.
T~lephone SO 5-2660
MINUTES
Seutheld T~wn Beard of Appeale
Septeaher 11, 1958
· regn~_~ aeeti~g ef the Southold Town Board of Appeals was held at 8 P.M.
on Thu~eda~, September 11, 1958 in the Tow~ Clerk's Office, Southold, N. Y.
Thare were present: Messrs. Robert W. Gillispie, Jr., Chairman, Rober~ Bergen,
Herbert Rcseaberg, Charles Grigcnis, Jr. and Serge Doyea, Jr.
Also present wereI Mr. Howard M. Terry, Buil~n~ Inspector and Mr. Robert
Tasker, Town Counsel.
PUBLIC ~.I~G~ ~ppeal No. 91, Application of Julius Zebroaki, Bay View Read,
~outhold, N. Ye, for a variance of the Zoning Ordinance under Article III, Section
303. Fee Paid - $15.00.
This hearing was continued from September 4, 1958. Board reviewed aaended
application presented by Mr. Zebro,~?s attorney, Mr. ~aellenberg, and unanin~usly
agreed to gra~t the appeal.
Variance was granted on lot described as follews~ Bounded on the north by
dredged canal~ on east by land ef the petitioner~ ~n south by Ole Jule Ieee and
west by Ch=--el Lane. Lot 97.39' on the southerl~ line, easterly and westerly
boundaries are 155' and the northerly line is 120' ia width, located in Mattituck,
New York.
In granting this variance it is the understanding of the Board that an engineer's
description will be furnishe~ by Mr. Zebroski's attorney sethat it aey become a part
of the file. · legal engineer's description will ~e necessary cn all variance applica-
tions in the future but it was the feeling cf the B~ard that they did not want t~
Burden the applicant by withholding decision until the engineer's description could be
procured and variance was granted as the Board felt that adequate description bad beea
supplied By Mr. ~.ebroaki's attorney.
It was the de~%ion of the Board that strict application of the
in this ca~e would produce undue _~_~ unique hard~hip as the water frontage and depth
of ln~perty far exeeads the requirements of the Ordinance and the road frontage lacks
less than three feet in width. Other lots in this area are of ~=~a~ or ~aaller size.
8Outhold Town Board c~ Appeals
Septeuber ]J.~ 1955
MI~JU'i~, C(mtinued
PUBLIC ~ARING~ Appeal No. 9~ - Application of Nella Williams and ethers for
a variance ~f the Ze~ Ordinance on four undersized iota shown en "Map of Land
surveyed for Roger Will~_-=s at East Marion, N.[.# aceo~pan~ing the application.
Fee Paid - $15.00.
~bairman read the application filed_ by Mr. Stanley S. Corwin, attorney for
Mrs. Wi~liaaa, letter to Mr. Corwin advising of date of public hear~ -_~ legal
notice of hearing with affidavit attesting to itB publication.
Chair~an~ Is there anyone present who wishes to ~peak for this appeal?
Mr. Corwin stated that he and Mr. Roger Williams, son of Mrs. Nell- Williams,
were present and would be pleased to answer any questions the board ~ight lake to
The Chairman then advised Mr. C~rwin ~-d Mr. Rogers that the Board was unable
to grant a blazket variance.
Chair~*~ How does it happen that the lots are wu~hered aa they are on the
map submitted?
Mr. Corwin~ I believe that they start at the eouth and work north. Mr. Halsey
A. Brown ~ade ~p the plat, so~e of which he sold to Mrs. Williams. 11 to 15 Belong
to Mrs. Williams and that is wh~ only those a~e ahow~ en this
Chairman= When did she ~ these.
Mr. ~i~s~ Lots 12, 13, ~: and 15 were bought right after the War. 11 was
Bought at a later date and the other three were bought at a still later date.
Mr. Corwin~ The ~ost recent were bought in June of 1951.
Mr. Will~ At the tine we bought the property there were no limitations of
how ~any houses co-~ Be erected. We had p~_-.~ed to put u~ a numBer .of h~uses possibly
on 100 x 150 feet. We sold one lot to ~ep.
Chairaant I note that the property sold te W~ep is 76 x 100 feet. When was
this sold?
Mr. W~]~--~ I~ April 1957.
Chair~-w= Does this ~ap represent your suggestions to Mr. V;_wTu~l?
Mr. C~rwin~ This is a woo~ed area and all the parties concerned, that is; Mr.
Rogers, Mr. Xrieb and Mr. M~4~w agreed to where the property lines were to be _=~
when Mr. VanTt~yl ea~e down he was asked to work fro~ the stakes..
Chair~ Are these lots owne~ by Millig;- and Krieb?
Mr. Cerefu~ They are under eontraete The contracts provide that there is _~n
#out# in the event that the variances are not obtained on behalf of the prospective
The right of way was satisfactory to Mr. Milligan?
S~uthold T~n Board of ~:ppeals
~eptember 11,
MINUTES, Continued
Mr. Corwiu: Yes. The only thing Milligan spoke about was that he thought of
putting one additional bedrooa on the south side of his ~tage a~__ he wanted to be
sure that he could do this. This right cf way is nothing more than a private right of
Ohair~an~ We have set up tentative reco-m~ndations as to revising this ~ap and
basically, if you people agree to these revisions, we believe it will solve your
problems. Perh*ps Mr. Rosenberg would like to speak to you.
Mr. Rosenberg~ We discussed your application last Thursday evening and the
Board seems to feel that you should have at least a 15' right of way. We realize
that at the back ef lot 15 you cannot do much about a front yard on that ~ut we feel
that every cottage should have a ~tniau~ sideyard and that these l~ts as n~bered off
here would not be satisfaetoryo You show a one foot si~eyard on lot 15 ;.~ if you
increased the right of way to let 15 that would give you at least a five foot sideyard
on this lot. Incidenta'~l~, what is the size of the cottage?
Mr. Williams~ Cottage is 16' x 16' and a porch.
Mr. Bergen~ Is that with the ~rch?
Mr. Willia~s~ 16' x 16', plus the porch.
Mr. C~rwin~ Would you gentle, eh be willing to continue the hearing for a couple
of weeks uutil we have tine to revise the application?
Ohair~an~ Yes. If you plan on a,t~-~ for four var~-~ces each one will have te
be a separate application. Is there amyone present who wishe~ to speak a~t-et this
application?
There was no response and Board wt~l continue the hearing at 9 P.M. on September
25, 1958.
PUBLIO ~.ARING~ Appeal ~o. 95 -Application of Thomas Jursenia, silv~re Road,
Grcenport, N. Y., for a special eXCeption under the ~.oning Ordinance to erect a
directional advertising sign for the Silver Sands Motel. Fee Paid - $15.00.
Chairw~_n read the application, letter to applicant advising of date of public
hearing and legal notice with affidavit attesting to publications
There was no ~ne present who wished to speak either for or against the appeal.
Board unanimously granted the appeal to erect asi, gn 6!6s in height x 12'6e in
width. Lower edge to be at least 3' from ground level and upper edge not to exceed
15'6~ from ground, and sign to be at least 5' frc~ a~y property line. Sign ~ay not
advertise any service or product other t~_*~ the Silver Sands Motel or its facilities
and permission is granted until revoked for cause.
Location of this sign is to be on property of the applica~t on the south side
of Route 25, Greenport, N.Y., west of the Village of ~reenport.
In granting this special exception it is the feeling of the Board that directional
and advertising signs are a necessity in the interest of the public.
S~uthold T~en Board of Appeals
September 11, 1958
~INF~ES, Continued
I~BLIC ~ARING~ Appeal No. 96 - Application ef Thonms Jurzenia, Silverers Road,
Gree~pert, I. Y., for a special exception to erect a directional advertising sign.
Fee Paid - $15.00.
Chairaan read the applieation~ letter to applicant advising of date of public
hear~-~, legal notice with affidavit attesting to publication and letter ef per~iesion
fro~ Job- Re~pe gr~uting Mr. Jurzenia permission to erect a sign on hie property.
There was no one present who wished to speak either for or against this appeal.
Per~ssion was granted by the Board to erect a sign 6'6M in height x 12'6n in
width on property of John Re~pe, north of Albertsont s I~ne _~_-~ North west of Route
25, Greenpert~ N. Y.
Lower edge of sign to be at least 3' from ground level and upper edge not to
exceed 15'6e frc~ ground. Sign ~ust be located at least 5' froa any property ]~ue,
and ~ssion is valid u~til revoked.
Board felt that a directional sign, such as proposed, is a necessity in this
case in the interest of the public.
PUBLIC ~.ARINGt Appeal No. 97 - Application of John J. MacKay, Munn' s La~e,
Orient, N. Y. for a variance to the ~.o-~-~ Ord~-=~ce under Article III, Section 30~.
Fee Paid - $15.00.
Chair~a~ opened the hearing by read~-~ application, letter to applicant
advising of date of hearing ~-~ leg~ notice with affidavit attestS-8 to its publica-
tion. Letter addressed to the Board froa Adrian B. Cockerill stating that he had no
objection to the erec~$ion of a garage and tool shed witb~- one foot of the building
line dividing his a~ Mr. MacKay's property, was also read.
There was no one present wh~ wished to speak either for or against this appeal.
It was the --~-ouely op~-~on of the Board that this appeal should be granted
for the erection of a garage _a~d/er tool shed on the rear of the property on M-~'s
Lane, Orient~ N. Y., and that no part of this accessory h~2~ug ia to be closer
tha~ one foot froa any let ~_o
It was the fee~-~ of the Board that strict application of the
would produce ~ndue and unique hardship because of space req~eaents, ~-volviug
light and -_~, and the fact that this undersized lot has been held in single and
separate ownership since the enactment of the
Board then discussed the ~atter of the budget for the coming fiscal year to be
presented to the T~wn S~pervisor. After extended consideration it was estimated that
expenses would be as follows~
Clerk for the Beard of Appeals
Secretarial assistance at public hearings amd otherwise
Stationery and fora printing
Legal size filing cabinet
Library
Subscription to the Zoning Bulletin
Advertising of legal notices
O~riadforward
$ 4,000.00
900.00
300.00
175.00
50.00
10.00
2.000,00
$7,435.00
.5-
Southo~d Town B~ard of lppeals
~FTES, Continued
Brought forward
Travel expenses, divided as follows~
1. Estimated expense for three members of Board,
attendance at Association of Towns meeting in New York
in February
2. Estimated expense of Mr. Doyen, Board member
fr~a Fishers Isl;~ for attendance at meetings of the
Board.
3. Est~ted travel expense of Board to
Fishers Is~d.
300.00
125.00
$725.00
Reimburseaent to Board of Appeals; $600.00 of
which is remuneration to the Chairman and the balance
representing $500.00 to each of the other me~bers of Board.
Total estimated expense of Board
Total estimated income from
appeal applications
Estimated Net Expense
September 11, 1958
$ 7,435.00
725.00
2,600~00
10,760.00
2.500.00
It was the una~ou~opinionof the Board that the first item of expenae in
the above list, -amely; Clerk of the Board of Appeals, is of ~aJor importance to
assist in properly conducting affairs of the Board in accorJanoe with all the legal
advice we have received. We believe that a full time clerk is necessary to assist
in answering questions, filling out forms, etc. and assist1-g the public.in the
fil~-g of such forms.
Board then fix~a time and ~lace for a public hearing to be held on the
application of A. Reilly & Sons, a/c Kenneth Rhodes of Peconic Bay Blvd., ~urel,
N.Y.
By resolution of the Board it was determined that public hearing is to be
held at 7:30 P.M. on September 25, 1958 in the Town Clerk's Office, Southold, N. Y.
and notice is to be published in The Long Island Traveler - MattituckWatch~an in
the September lSthiseue of that newspaper.
¥t-utes of the September 4th meeting were read. On motion duly ~ade by Mr.
Bergen, seconded by Mr. Grigonis, a-~ carried, Minutes were approved as subaitted.
The next meeting of the Board is scheduled for 7:30 P.M., September 18, 1958.
Meeting adjourned at 12:20 A.M.
Respectfully submitted,
Secretary