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HomeMy WebLinkAboutZBA-01/29/1959Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-~660 APPEAL BOARD MEMBERS Robert W. Gillisl~ie, Jr., Cha!rm~n Robert Bergen Herbert Roscnbcrg Charles Gregonis, Jr. Serge Doyen, Jr. MINUTES Southold Town Board of Appeals January 29~ 1919 A reg-~lar meeting of the Southold Town Board of Appeals was held at the Town Clerk's Office, Southold~ New Yo~ on Thursday~ January 29~ 1919 at 7:30 P.M. There were present: Messrs. Robert W. Gillispie, Jr.~ Chairman, Robert Bergen~ Herbert Rosenberg, and Charles Gregonis, Jr. Absent: Mr. Serge Doyen~ Jr. Also present: }~M. Howard M. Terry, Building Znspector. PUBLIC [TE~ARING: Appeal No. 134~ upon application of James and Claudia Darden for a variance from the Building Zone Ordinance Sections 303~ 304, 307 and 308 and recognition of access under Section 2$O~o~f~aTo~nvLaw. Property lo- cated north side of Main Ro~o~u~d~6~'north by lan~ of Junius Hubbard~ east by land of Herman Hubbard, south by land of Herman Hubbard and west by land of ?~aston. Fee paid IF.OO. Chairman opened the hearing by reading application for the variance~ notice of disapproval issued to applicant by the Building Inspector~ and legal notice of hearing with affidavit attesting to its publication in the official n ews- paper. Southold Town Board of Appeals -2- January 29, 19~9 MR. William Wickham~ attorney for James and Claudia Darden~ requested that the legal notice be amended to include Sections 304~ 307 and 308 as it appeared in the official news- paper. This amendment was granted. CHAIRM~N: Is there anyone present who wishes to speak for this application? WILLIAM ~ ' '"~ v ~ · ' ~ Mattztuc~ New York: M~ Junius %ICk%-Ig~i~ ~S.~., . Hubbard, who is here next to me, bought this property in November 1955 from Howard Parker. His wife's parents are i~. and Mrs. Darden. At that timer or shortly thereafter~ they discussed an agreement to buy a plot ~0 x 100 which we have now on that sketch. That all took place for the most part through the firm of Hamlin & Michne of Bridgehampton. The Darden's made a partial purchase or downpayment on a barrack of 20 x 40~ I believe, and then finally in October 19~7 there were instruments prepared granting to the Darden's this plot of ground with an eight foot right-of-way~ or a little over eight foot right-of-way. It was predicated~ how- every on Junius' brother Herman giving a like amount on his line and increasing this right-of-way~ making a right-of-way of a little over 16 feet. About that time ~. Hamlin~ or his partner~ became concerned with the zoning laws. CHAIi~N: May ! interrupt you for a moment -- this was predicated on Mr. Herman ~bbard's granting a similar right- of-way or similar lot? ~2~. %'~ICi!©~: Just a right-of-way on the other side of Junius' line so you would have a right-of-way of not eight feet~ but 16 feet~ and that is the status at the present time. Unfortunately these lots are narrow. I just asked ~. Hubbard if he woul~ consent to convey a larger parcel as far as square footage would be concerned. He would be willing to do soy but he could not grant any more width. There is still the barrack of 20 x ~0 which would have to be placed in there in some equitable manner. I can add nothing else except as in the ~etition~ the neighborhood you are familiar with does contain a n~mber of very small cottages and there would, be no detriment to the neighborhood. I do not know just what improvements would be on it. Fm. Darden and Junius could answer that. CHA!iE~N: How many houses at present are there on the parcel we are talking about? ~R. ERGEN: One. ?~. WIC[.JHAM: £es, there is one. C!tAI!{>iAJ: Herm~ Hubbard is your brother -- and are you on good terms? Southold Town Board of Appeals -3- January 29, 19~9 YUNIUS HUBBARD: Yes. -- We had the Long Island Light- ing Company come about putting a pole in there. Them would not do it unless there was 16 feet for a right-of -way. There will be a pole. Ci{&IRIv~N: These are narrow lots. · UNIUS: They are gO feet. CPL~IRMAN: The minimum size lot regarded as being suitable for this area by zoning and also the Board of Health, which is perhaps larger than minimum, is 100 x 12~, except on property such as yours which was transferred before the Zoning Ordinance became effective. It would seem to me it would be both in your interest and your brother's interest that you would arrange these lots so you would have a right-of-way and you would sell some on both sides. This would mean selling a larger lot. It is just a suggestion. If you aren't able it is one thing, if you are able it would assi~ you in selling the lots. The Board of Health has cracked down. You should make some arrangement to sell larger lots, or you will not be able to sell them at all. lot. l~n{. WICKHAM: We can get around that by extending that This is not a question of just selling for money. CHAI.~iAN: The trouble is width. ~. WIC~M: I appreciate that. There is no question in my mind of length or angle. How many buildings are on your brother's property? JUNIUS H-LTBBARD: One C!~IRi~N: If you transferred that lot before zoning went into effect, within certain limits, that would be satis- factory according to the Ordinance~ and you would be able to build a house. JUNIUS HUBBARD: IvY. Harold Reeve said it was all right, as long as I had it before zoning. He stated I should have it surveyed and staked out and I did. I have the bills home. ~. TERRY: Did ~. Van Tuyl stake it out for you? JUNIUS HUL~BA~RD: Yes. CHAIR~N: ~en did zoning become effective? _~q. ROSENBERG: April 23, 1997. Discussion was held relative to the zoning meetings held prior to the adoption of the Zoning Ordinance. Southold Town Board of Appeals -~- January 29~ 1959 ~. ROSENBERG: How big is the barrack? i,£~. WICKHAM: I understand, 20 x ~0. ~. ROSENi~ERG: I should think~ 1~. Wickham~ if he could have the deed 50 by whatever it is~ and then in the deed give right-~-way to others to pass~ he would still have a lot ~0 feet wide. Discussion was held by the Board relative to placing of the house on the lot because of the question of the exist- ing cesspool. CHA!R~D2~: Is it agreed that it has beau established this transfer took place prior to the time the Zoning Ordin- ance went into effect? ~. ROTVlifBERG: The only question is size. ~. BERGEN: i'~. Hubbard, do you have any proof of ownership prior to zoning? ~. Wickham produced several receipts handed hi~ by ~s. Darden~ and stated the first payment was made in October 195~. CHAI~,AN: The first payment on ~M. Junius Hubbard's lot? JUNIUS HUBBAfftD: les. C[J~IRMAN: I believe we can grant this as long as he is agreed to enlarge the lot to 150 x ~0. Resolution offered by ~. Bergen, seconded by ~,~. Rosenberg~ ~'~ereas the application of James and Claudia Darden having been considered at Public Hearing No. 13~ on January 29~ 19~9~ an~ the Board finding that strict applic- ation of the Ordinance woul~ produce undue hardship because the only possible use for the property ~ residence. The public convenience and welfare and justice will be substantially served~ and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured and the spirit of the Ordinance would be observed. Be it RESOLVED~ that the application be granted subject to the following conditions: 1.- The lot be enlarged from approximately 50 x 100 to ~O x l~O. 2.- That the oroposed barrack structure be located 6 0 ft. north of the ~outherly line of the Darden lot. 3-- The front yard be approximately 20 ft. from the easterl~ line~ rear yard l0 ft. from the westerly side line. $outhold Town Board of Appeals -~- January 29~ 19~9 Vote of the Board: Ayes- i~. Gillispie~ ~. Bergen~ Mr. Rosenberg and ~. Gregonis. Board unanimously agreed to grant approval of access over combined 8 ft. of properties of Junius Hubbard and Herman Hubbard~making a 16 ft. right-of-way. Vote of the Board: Ayes- ~. Gillispie~ ~. Bergen, ~. Rosenberg and I~. Gregonis. Minutes of January 2~, 19~9 were read. On motion duly ma~e by ~. ~osenberg~ seconded by ~. Gregonis and carried~ Minutes were approved as submitted. The next meeting of the Board ~ scheduled for 7:30 P.M. February $, 19~9. Meeting adjourned at 9:30 P.M. Respectfully submitted~ Judith t. Boken Secretary