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HomeMy WebLinkAboutZBA-12/23/1959 APPEAL BOARD MEMBERS Robert ~Y,/: Giilispi¢, Jr., Ch~;rm~n Robert Bergen Herbert Ros~nberg Charles Gr¢$onis, Jr. Serge Doyen, Jr. $outhold Town Board of Appeals SOUTHOLD, L. I., N. Y. T¢lzphon¢ SO 5-~680 MINUTES Southold To~ Board of Appeals December 23, 19%9 A regular meeting of the Southold Town Board of Appeals was held Wednesday, December 23~ 19%9, 7:30 P.M., at the To~m Clerk 0ffice, Main Road, Southold~ New York. There were present: Messrs. Robert W. Gillispie, Jr., Chairman~ Herbert Rosenberg~ and Charles Grigonis, Jr. Also present: Mr. Howard M. Terry~ Building Inspector. Absent: Messrs. Robert Bergen~ and Serge Doyen~ Jr. PUBLIC HM. kRING: 7:30 P.M.~ Appeal No. 2~6~ Upon appli- cation of Robert Loesges~'Bay View Road and Smith Drive North~ Southold~ New York~ for a variance in accordance with State of New York Town Law, Section 280A~ for recogn- ition of access. Location of property,.on south side private right-of-way off west side North Bay View Road~ $outhold~ New York~ bounded north by private right-of-way~ eoutheast by land of Hilton Epp~ and west by Sayre and Young. No fee necessary - application for recognition of access. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector~ application for a variance~ legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAI~,LAN: Is there anyone present who wishes to speak $outhold Town Board of Appeals -2- December 23, 1959 for this application? MR. HOWARD M. TERRY~ Building Inspector: Mr. Loesges left his survey here so you could, look.at it. I told him it would not be necessary for him to appear here today because everyone is familiar with the right-of-way. CHAIRi~N: This has been in use for a long time? MR. TERRY: Yes~ ~ has. THE CHAIR~.N: Is the road in good condition? MR. GRIGONIS: You can get through. They are psssable. CHAIRMAN: Is there anyone else present who wishes to speak for this application? Is there anyone present who wishes to speak against this application? Are there any questions any- one wishes to ask? (There was no response.) Resolution was offered by ~. Gillispie, seconded by Mr. Grigonis~ and carried, ~TMREAS application of Robert E. Loesges having been considered at Public Hearing No. 246 on December23~ 19~9~ and the Board finding that the strictapplication of the Ordinance would produce undue hardship because there are many other homes served by this private right-of-way and to deny access to this lot would deprive M~. Loesges of the use of his land. The situation is unique and would not be shared by all properties alike in the immediate vicinity because the building lot proposed to build on is much larger than the present ones using the right-of-way~ which cannot be enlarged at this time. The public convenience and welfare and justice will be sub- stantially served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured and the ~pirit of the Ordinance would b~ observed because the proposed dwelling will be built to conform to the existing residences in thearea, therefore be it RESOLVED that the application be granted as applied for, over right-of-way shown on map of Otto W. Van Tuyl & Son dated December lO~ 1558. Copy~of map appearing in the file. Vote of the Board: Ayes:m Ym. Gillispie, Mr. Rosenberg~ Mr. Grigonis. gouthold Town Board of Appeals -3- December 23~ 19~9 On motion of Mr. Gillispie, seconded by ~. Grigonis, and carried~ the minutes of the meeting of December l~, 19~9 were approved as submitted. Vote of the Board: Ayes:- Mre Gillispie, Mr. Rosenberg, and Mr. Grigonis. PUBLIC ~_J~RING: 7:40 P.Mo~ Appeal No. 247 - Upon appli- cation of Joseph Stagnitta~ Main Road, Mattituck, New York, for a variance in accordance with Zoning Ordinance Article III, Section 306, for permission to reduce front yard setback on a corner lot. Location of property: west side Luthers Road and Captain Kidd Drive~ Lot No. 194, Capt. Kidd Estates~ Mattituck, New York. Fee paid $1~o00. The Chairman opened the hearing by reading notice of dis- approval issued by the building inspector, application for a variance~ legal notice of hearing and affidavit attesting to its publication in the official newspaper. MR. ROSE!~BERG: This application should be for a special exception rather than a variance~ because of the fact it is a corner lot. On motion of Mr. Rosenberg, seconded by Mr. Grigonis and carried, on approval of the applicant~ Mr. Stagnitta, the application was ~mended to read as a special exception. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg~ and Mr. Grigonis. TI~E CHAIRMAN: My understanding of the reason for this application is you have in this dwelling specified built up ~usses which obviously are not adaptable to being cut down two foot. In other words if you cut down the 2 ft. you would cut off the part that supports the trusses? MR. JOSEPH STAGNITTA: That is correct. MR. HOWARD M. TERRY, Building Inspector brought out a map of Capt. Kidd Estates showing the lot in question. He stated the house will be 36 ft. from Luthers Road which is the setback on Luthers Road. The average setback on Capt. Kidd Drive is 27 or 28 ft. The main traffic is on Luthers Road which runs down to the public beach and industrial area. CB_AI~fJ~N: Mr. Stagnitta, Is there anything you would like to say in connection with this application? MR. JOSEPH STAGNITTA, Main Road~ Mattituck, New York: I $outhold Town Board of Appeals -~- December 23, 19~9 respectfully submit that the data as recited in the application is pretty much inclusive. However~ I do have several other thoughts. I might mention that the plans of the house were gotten up with quite a bit of effort and research because of the narrowness of the lot which ~ould confine it to the type of house. The original design of the plans cann~ be conformed to without the 2 ft. variance requested. Also with the lo- cation of the house; whether we faced it toward Luthers Road or Capt. Kidd Drive would present the same problem. We chose to face it toward Luthers ~oad because the outlook is much more pleasant. If we faced it toward Capt. Kidd Drive then we would be overlookinE a depression used by the Town for removal of sand and gravel. I do not believe it would conflict with the surround- ing area very much. The setback of 36 £t. would obviate any hazardous condition, t might add also~ it does affect me personally if this is not granted because I signed a contract of sale and the property has been cleared and certain preparations made to build~ but not followed through pending the outcome of this hearing. The 8 ft. porch which could be built now would not be very conducive to the small type residence which is going to be constructed~ but the larger size porch enhances the house and lends to the outdoor living as well. (Mr. Stagnitta produced the plans of the house for the Board to examine.) MR. STANT,EY SEPKO~ Mattituck~ New York: The roof arrange- ment as you can see is very peculiar. This roof is actually the ceiling of the house. MR. HOWARD M. TERRY~ Building Inspector: Bob Bergen, when he called, said he has no objection to this variance, or rather special exception. TitE CHAIRM~N: Is there anyone else present who wishes to spea~ for this application? Is there anyone present who wishes to speak~ainst this application? Are there any other questions? (There was no response.) THE CHAIrmAN: I think that normally if you were not an exceptional situation probably there would be doubt as to whether the Board would grant this. I can see some good reason for this application~ however~ because the outlook is un- favorable toward Captain Kidd Drive and good toward Luthers Road, for one thing. It would certainly change the line of the roof considerably to cut it off~ is a~other thing. Resolution was offered by Mr. Gillispie~ seconded by Mr. Rosenberg~ and carried~ '~4EREAS. application of Joseph Southold Town Board of Appeals -~- December 23~ 19~9 Stagnitta having been considered at Public Hearing No. 2~7 on December 23, 19~9, and the Board findinE that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property will not be substantially or ~rmanently injured and the spirit of the Ordinance will be observed, therefore be it RESOLVED that the application for a special exception be granted to reduce front yard setback on Capt. Kidd Drive, Lot No. 195, Capt. Kidd Estates, Mattituck~ New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. Mr. A. Halsey Brown, East Marion, New York~ appeared before the Board of Appeals for an informal discussion. Mr. Brown has a couple in Cutchogue by the name of Garland who are interested in becoming salesmen for him~ however they live in a Residential "A" zone on the south side Main Road, the second house from the corner of Fleets Neck Road and Main Road, and wish to have an office in their home. Mr. Garland is employed during the week and wishes to sell on weekends and Mrs. Garland would like to do xome selling during the week as she is at home with their children. This is intended to supplement their income. Mr. Broom was advised that there is nothing the Boardof Appeals can do as the proposal h8 has is to conduct a business in a residential zone. Mr. Brown stated that he might organize with other real estate people in the township and speak to the Town Board relative to including real estate offices in the category of professional offices permitted in the "A" Zone. On motion of Mr. Rosenberg, seconded by Mr. Grigonis and carried, it was Bw. q0LVED that the Board set 7:30 P.M. (E.S.T.) Thursday, January 7, 1960~ Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon appli- cation of West End Land Company, ~deline Road, Fishers Island, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 303, for permission to reduce frontage and use as a single lot property located on the north side of Madeline Road~ Fishers Island~ New York~ bounded north by H. Zabohonski, east by G. Griffin, south by Mad~line Road, and west by other lands of the applicant. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Grigonis~ seconded by Mr. Rosenberg~ and carried, the minutes of the meeting of December 9, 1999 were Southoid Town Board of Appeals -6- December 23~ 19~9 approved as corrected. Vote of the Board: Ayes:- ~. Giltispie~ ~. Bosenberg, and l~. Grigonis. The Board received a letter from Goldsmith and Tuthill by ~loyd D. Houston requesting that the Board of Appeals dismiss from their docket the Goldsmith and Tuthill Appeal No. 214. Hear- ing was held on December 9, 19~9 and continued to this date. Resolution was offered by i¥~. Rosenberg, seconded by Mr. Grigonis and carried, granting permission to withdraw Appeal No. 2~1 without prejudice. Vote of the Board:Ayes:- Mr. Gillispie~ Mr. Rosenberg~ and ~. Grigonis. The annual report of the Southold Town Board of Appeals was approved for submission to the Southold Town Board. A letter wag received from William Wickham~ Esq.~ Mattituck New York enclosing a map of property of Albert Zanowski~ Olejul~ne~ Mattituck~ New York. The letter stated that Mr. Zanowski who now owns lots 3~ ~ and ~ would like to sell lot ~ and part of lot ~ with a frontage on 01ejulane of 160 ft. This would leave him lot 3 and part of lot 4 with a frontage of approximately 90 ft. on 01ejulane. It was also stated in the letter that in Appeal No. ~0 dated December 9, 19~7 the Board of Appeals granted Mr. Zanowski a variance for Lot No. 4. Mr. Wickham asked to be advised whether the variance previously granted Mr. Zanowski is adequate to m~e the sale set forth above and retain the remaining 90 ft. After considerable discussion it was the decision of the Board that a letter be forwarded to M~. Wick_ham advisinE that the variance granted on December 9~ 19~7 on Appeal No. ~0 on lot No. ~ would not properly apply to the transaction proposed in his letter. The Board is of the opinion that a separate application for a variance to cover the new proposal should be filed stating the reasoning involved in the application. Upon resolution offered by ~. Rosenberg~ seconded by Mr. Grigonis~ WHEREAS the following applications No. Date. Applic ant Reason for Withdrawal ~0~1,~2 3rl7r~8 James C. Whelan Change of Plsns. 67 6.17- 8 8O 8- -Y8 Nick Houlas Edward Speeches ~oundview Restaurant Unable to receive p~rmission from land owner to erect directional sign. 8outhold Town Board of Appeals -7- December 23, 19~9 (COntinued) No. Date Applicant Reason for Withdrawal 16~ ~-27r~9 205 7-29-59 A. Halsey Brown Jack J. Levin~ Mgr. Sound Shore Motel Unabl~ to receive permission from land o~er to erect directional sign. 209 8-13-59 Helmut Hass, a/c $outhold To~.m Beach Motel have been incompleted for the stated reasons. Now~ therefore permz~s~on is granted to withdraw the applications without prejudice, Vote of the Board: Ayes:- Mr. Gillispie, ~. Rosenberg~ and ~. Grigonis. The next meeting of the Southold Town BOard of Appeals will be held January 7~ 1960~ Thursday, at the Town Clerk 0ffice~ Main Road~ Southold~ New York. Meeting adjourned at 9:~5 P.Mo Respectfully submitted