HomeMy WebLinkAboutZBA-10/29/1959 APPEAL BOARD
MEMBERS
Robert "~. Gillispie, Jr., Ch,~rm~n
Robert Bergen
Herbert Rosenber9
Charles Gr¢~oni% Jr.
Serge Doyen, Jr.
Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5-26G0
Southold Town Board of Appeals
October 29, 19~9
A regular meeting of the Southold Town Board of
Appeals was held Thursday, October 29~ ~9~9, 7:30 P.M., at
the Town Clerk's Office, Main Road, Southold, New York.
There were present: Messrs. Robert W. Gillispie,
Jr., Chairman, Robert Bergen, and Herbert Rosenberg.
Also present: Mr. Howard M. Terry, Building
Inspector.
Absent: Messrs. Charles Grigonis, Jr., and Serge
Doyen~ Jr.
PUBLIC HEARING: 7:30 P~M., Appeal No. 233 - Upon
application of Theodore Schroeder, 139 Fourth Street~ Greenport,
New York~ for a special exception in accordance with the Zoning
Ordinance, Article III, Section 306~ and Section 307, for per-
mission to reduce side yard and front yard setbacks on a corner
lot. Lot No. 122A on map of Peconic Bay Estates~ Arshamomaque~
Greenport, New York~ bounded north by Private Road~ east by
Bay Shore Road~ south by Addie J. Becktold~ and west by Adam
Pekunka. Fee paid $1~.00.
The Chairman opened the hearing by reading notice
of disapproval issued by the Building Inspector, application
Southold Town Board of Appeals -2- October 29, 1959
for a special exception, legal notice of hearing and affidavit
attesting to its publication in the official newEpaper.
CHAIRMAN: I belieVe before we start this aPpli'
cation should be amended to include Section 307 as well as
306. SectiOn 307 refers to side yards.
MR. STANLEY CORWIN, Greenport, New York, attg~ney
for the applicant, stated that he so moved the application
be amended in that respect.
CHAIRMAN: I think we are all familiar with the
particular lot. Mr. Rosenberg and I went down and took
pictures of it'for our own fnformation and they are here in
the file.
Is there anyone present who Wishes to speak for
this application?
MR. ~0RWIN: There is very little to s ay in addition
to what is evident from the aPplication. This particular plot
of property is unique not only in that development but Probably
in the town in the way that it was originallY laYed out. This
proPerty is being taxed and it is certainly and case of practical
difficult and unnecessary hardship and it is im~osslble to comply
with the terms of the Ordinance because of the size of the lot.
(COnsiderable discussion was held relative to the use
of the adjOining road to the north by individUals~ including the
property owner on the north side of the Private Road.)
CHAI21MAN: 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
members of the Board would like to inquire about at this time?
MR. CORWIN: This lot ~ wide and narrows in the back.
MR. THEODORE SCHROEDER, 139 FoUrth Street, GreenPort,
New York: My father acquired this parcel in 19~9. He then had
some 32 lots on the west side of the road. About three Or four
years ago I purChaSed the 29 ft. from him and it had been my
intention to use it in the future.
CH~_IRMAN: you bought the lot with the intention of
building a house on it?
MRs. SCHROEDER: Absolutely.
CHAIRMAN: You purchased this lot, p:ior to zoning,
from your father?
Southold Town Board of Appeals -3- October 29, 19%9
CHAIRMAN: This particular house that you have here
is 20 by 26 and you would like to place it 20 ft. from Bay
Shore Road, correct?
~. SCHROEDER: Yes.
CHAIRMAN: Would it make any difference to you if
it were more than 20 ft.?
MR. 8CHROEDER: The lot narrows and I took a scale
and were I to $o back any further it would make it too close
to existing lines.
CHAIRMAN: You are aware that it is closer to the
existing lot lines than would be permitted by the Ordinance
without this special exception? The~tOtal side yard require-
ments are 25 ft., 10 and 15 ft,, The Ordinance also permits,
where an owner had a piece of' property tha~t existed before
zoning and is underslzed~ a ~O$~reducti0n can be made by the
Building InsPector in' grantin$ i a building permit. Are You
familiar with the water and cesspool requirements in the area?
MR. SCHROEDER: I believe 75 ft.
CHAIRMAN: What about a garage on this property?
MR. SCHROEDER: I do not believe I will have a
garage, of course if I decide to it can be' put on the back
of the house.
CHAIRMAN: Are there any other questions, anything
else anyone wishes to say?
MR. CORWIN: There were many %0 ft. lots in the
community at the time of the adoption of the Ordinance and
the Ordinance gives this Board authority to grant special
exoeptlons on these lots. I am sure this Board can reduce
this 29 ft. lot in proportion.
CHAIlt~AN: I agree with everything you have said.
How does the rest of the Board feel about the front yard set-
back since it is on a curve and corner?
MR. SCHROEDER: I he, eve Mrs. Becktold is only 10
ft. from the road and and would like to go back 10 ft. from her.
Adams.
road.
MR. ROSENBERG: I am sure you are referring to Mrs.
--' The house to the north of you is 60 ft. from the
Now, every time you go back one foot you lose 1~ in.
Southold Town Board of Appeals -~- October 29, 1959
MR. SCHROE~ER: Can I go on llne ~ith ~rs. Adams?
MR. ROSENBERG: No, you cannot. By the average,
which is the legal requirement, you would have to be back
35 ft, You are asking 20 ft. On a very bad corner, that is
the worst corner in all of WiCkham park. It is very bad for
children. As a matter of fact the Town has cut bad, the growth
on your property 7 ft. now.
(The Chairman made a scale of the lot and discussion
was held relative to the placement of the house thereon.)
CHAIRMAN: The onlY. w~we can grant this special
exception is by placing limitations on where-you will put
the hoUSe. A 25 ft. setback would be better, and if you do
not approach any part of the lot more than $ ft., that is
side lines.
MR. HOWARD TERRY, Building Inspector: With a 25 ft.
setback he would have 3~ ft. on the south side.
MR. ROSENBERG: The entire B~ard has been down and
looked at this property and from knowledge of the property, as
a past resident there also,~that is an extremely d~gerous
corner. I am wondering about the distance from the corner and
the way the house is going to be placed.
CHAIRMAN: It is definitely far more important to
establish a satisfactory front yard setback, than side yard.
--That you do not'Put a porch on the front of the house would
be one of the conditions we will impose.
MR. CORWIN: There is no objection to a condition
prohibiting a porch on the front.
CHAIRMAN: Also bay windows to be prohibited on the
front, nor on the north side.
MR. CORWIN: No objection to that.
Revolution was offered bY Mr. Gillispie~ SecOnded by
Mr. Bergen, and carried., WHEREAS application of Theodore Schroeder
having been considered at Public Hearing No. 233 o~ 0ctobe~ 293,
1959, and the~Bo~rdfinding that the Public convenience ana we~
fare and Justice will be 'served ~a~d the legally established or
permitted use of neighborhood property will not be substantially
or permanently inJ~d and the spirit of the Ordinance Will be
observed, therefore be it
RESOLVED, that the application be granted under the
following conditions: That no part of the house, including open
Southold Town Board of Appeals ~5- October ~9) 19%9
porches and bay windows, may be closer to Bay Shore Road than
2% ft. and that the side yards may be reduced so that no portion
of the hoUse is closer to the property lines than 3~ feet. The
phrase "open porches and bay windows" does not include a patio
which does not exceed in height the foundation line of the
building.
Bergen,
Vote of the Board: Ayes:-
and Mr. Rosenberg.
Mr. Gillispie, Mr.
PUBLIC HEARING: 8:00 P.M., Appeal No. 232 - Upon
application of Henry W. L~ber)~eqUas~ ~.Avenue, Cutchogue) ~
New York, for a variance-~n accordanc~.witk the Zoning Ordinance,
Article III, Section 300)~Subsecti0~'~) fo2' permission to locate
private garage with reduced setback. Location of~property:
PeqUaSh Avenue and Southern'CrOss ROad, CUtchOgue, NeW York,
bounded north by L. DeLucia, east by Fleet~s Neck Road, south
bySouthern Cross Road, and west by G. H. ~leet Estate. Fee
paid $15.00.
The Chairman opened the hearing byreading no~ce of
disapproval issued by the Building Inspector, application ~or
a variance, legal notice of hearing and affidavit attesting
to its publication in the official newspaper.
CHAIPJ~AN: Is there anyone present who wishes to
speak for this application?
(The Board examined the sketch appearing in the file
and also the tax map showing the property in question and
~urrounding area. Mr. Terry and Mr. Rosenberg stated they had
visited the property and elaborated upon the application.)
CHAIRMAN: Is there anyone present who wishes to
speak against this application?
(No one wished to speak.)
Resolution was offered by Mr. Rosenberg, seconded by
Mr. Bergen, and carried, ~W~EREAS application of Henry W. Lauber
having been considered at ~ublic Hearing No. 232 on October 29,
i9%9, and the Board finding that strict application of the
Ordinance would produce undue hardship because property west of
the house 'Slopes sharply uphill an~_ it would make it difficult
to get access to the Town Road in2~tement weather, the situation
is unique and would no~ be shared byaI1 properties alike in the
immediate vicinity because property acrossthe street has a garage
located only 3 ft. from the Load and generallythis garage would
be setback further than most in the area. The public convenience
Southold Town Board
of Appeals '6~'
October 29, 1959
and welfare and JuStice wil~~ be served and the legally estab-
lished or permitted use of neighborhood property and adjacent
use districts would not be substantially or permanentlYinjured
and the sp±rit of the Ordinance wou~d be observed because appli-
cant intends to erect a garage which Will conform to the general
appearanme of his home and erect a breeze-way attaching it ~to
the house in the near future, therefore it is
RE~0LVED that the application be granted as applied
for. ·
Vote of the Board: Ayes:- Mr. Gillisple, Mr. Bergen,
and Mr. Rosenberg.
The minutes of the meeting of October 22, 1959, on~
motion of Mr. Bergen, seconded by Mr. Rosenberg, and carried~
were approved as submitted.
Vote of the Board: Ayes:- Mr. G illispie, Mr. Bergen,
and Mr. Rosenberg.
By resolution-offered by Mr. Rosenberg, seconded by
Mr~ Bergen, and carried~ 7:30 P.M. (E.S.T,$~ Thursd'ay, November
12, 1959, Town Clerk's Office, Main Road, Southol~ New York~
was set as time and place for hearing upon application~of Harold
R. Reeve & Sons, East Main Street~ Mattituck, New York~ a/c
Leonard PleChavicius, for a variance in accordance with the
Zoning Ordinance~ Article III~ ~ection 300, Subsedtion l~ Sections
~03 and 307, for permission to build addition on guest cottage and
~educe frontage and side yards. Variance is also requested due to
lack of access in accordance with ~tate of New York ToWn Law~
~ection 280A. Location of proper~y south side Peconic Bay Boulevard,
Mattituck, New York, bounded north by Peconic Bay Boulevard~ east
by C. F. Lampe, south by Great Peconic Bay, and west by E. Templeton.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
and Mr. Rosenberg.
On motion of Mr. Bergen, seconded by Mr. Rosenberg~
and carried, it was Resolved to set 8.00 P.M. (E~S.T.), m
Thursday~ November 12~ 1959, Town Clerk's Office, Main Road~
Southold~ New York, as time and place for~hearing upon appli-
cation of H. M. Brush~ a/c Asphalts, Inc., Naugles Drive,
Mattituck, New YOrk, for a variance in accordance with the
Zoning 0rdinance~ Article V, ~ection 503~ for permission to
reduce front yard setback in Industrial District. Location of
property~ north side Naugles Drive~ Mattituck~ New York~ bounded
Southold Town Board of Appeals -7'
October 29, 1959
north by Mattituck Inlet, east by Robert Nardo~ south by
Naugles Drive, and west by Benard Eaplan.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
and Mr. Rosenberg.
The next meAting of the Southold Town Board of Appeals
will be held Thursday, November 12~ 1959, 7:30 P.M., at the
Town Clerk's Office, Main Road, Southold, New York.
Meeting adjourned at 10:30 P.M.
Respectfully submitted,
Judith TV Boken
Secretary