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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