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HomeMy WebLinkAboutZBA-10/15/1959Southold Town Board of 4ppeals SOUTHOLD, L. I., N. Y. Telephone SO 5-26~50 APPEAL BOARD MEMBERS Robert W. GillispJ¢, Jr., Chairmen Robert Bergen Herbert Rosenberg Ch,~rles Gregonis, Jr. Serge Doyen, Jr. MINUTES Southold Town Board of Appeals October l~s 19~9 A regular meeting of the Southold Town Boardof Appeals was held Thursday, October l~, 19~9, 7:30 P.M.s at the Town Clerk's Office, Main Roads Southolds New York. There were present: Messrs. Robert W. Gillis~ie~ Jr.~ Chairman, Robert Bergen~ and Herbert Rosenberg. Also present: Mr. Howard M. Terry~ Building Inspector. Absent: Measrs. Charles Grigonis~ Jr.s and Serge Doyen, Jr. PUBLIC HEARING: 7:30 P.M.~ Appeal No. 227 - Upon application of John and Helene Hoch~ Miriam Road~ Mattituck~ New Yorks for a variance in accordance with the Zoning 0rdin- ance~ Article III, Section 300~ Subsection 7~ for permission to locate private garage~with reduced setback. Location of propertysLots 71 and 78s Miriam Roads Captain Kidd Estates, Mattituck, New York. Fee paid $1goO0. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector! legal notice of hearing with affidavit attesting to its publzcation in the officio3 newspaper. Southold Town Board of Appeals -2- October 15, 1959 MR. WALTER G. KAPP, Attorney for the applicants, $outhold, New York: I wo~,ld first like to amend the appli- cation to read 50 ft. setback for the garage in lieu of the 35 ft. I have indicated in various places in the application. Upon resolution offered by Mr. Rosenberg, seconded by Mr. Bergen~ and carried~ the application was amended as follows: Bottom of front page: "I wish to erect a private garage (detached) with a setback of 25 ft. instead of 50 ft. as required by the Southold Town Zoning Ordinance." And on the reverse side of the application under Item 2: "---because of the buildings in the area have been setback distances less than 50 ft." Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mr. Rosenberg. Mr. Kapp presented a sketch of the area which had been traced from the filed map of Capt. Kidd Estates~ and stated that the Hoch house is located on Lot No. 71 and they wish to place the garage on Lot No. 78 because there is sufficient level land upon which to place the garage, the surrounding area going from a hill to a drop down into a hole on Lot.No. 77. Both Miriam Road and ~mmit Drive are downhill going easterly. Another point brought out by Mr. Kapp is that the paved part of the road is 26 ft. and the peculiar part about the road is that the shoulder is all over on the north side and there is no shoulder on the south side. Therefore~ if Mr. Hoch places his garage according to the regulations he would have the shoulder of 25 ft., then the 50 ft. required setback before being above to erect the garage, making the garage 7~ ~t. from the ixmad liner and it would then be right up to the house making the layout unattractive. Further east of the property in the setbacks seem to be 20 ft. to 25 ft. from the road. CHAPMAN: What is the reason for the width of the shoulder? MR. TERRY: They stayed to the southerly side of the bank rather than bring in fill because of the lay of the land. To the west of this where the road intersects the land goes up hill. The water would drain right down into the Hoch property if the lot did not have a small rise in it. CHAIRMAN: Is there anyone else present who wishes to speak for this application? Is there anyone present who wishes to spe~k against this application? (No one wished to speak.) $outhold Town Board of Appeals -3- 0ctoher 1~, 19~9 Resolution was offered by ~. Gil!ispie~ seconded by Mr. Rosenberg and carried, WBE. REAS application of John and Helene Hoch having been considered at Public Hearing No. 227 on October 1~19~9, and the Board finding that the strict application of the Ordinance would produce undue hardship because of the ~auusual topography of the land. The situation is unique and would not be shared by all properties alike in the immediate vicinity be- cause other lots in the area do not share this topographical problem. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured because the detached garage to be erected will be so constructed as to correspond with the existing dwelling and will be used for priVate 'garage purposes only, therefore be it RESOLVED that the application be granted as applied for because of the topography of the property and the natural drainage of the area. Vote of the Board: and Mr. Rosenberg. Ayes:- Mr. Gillispie, Mr. Bergen~ The minutes of the meeting of October 8~ 19~9, on motion of Mr. Rosenberg~ seconded by Mr. ~rgen and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gil$ispie, Mr. Bergen~ and Mr. Rosenberg. Mr. He]mut Hass, proprietor of Southold Town Beach Motel, Southold, New York, appeared before the Board of Appeals for an informal discussion relative to receiving consideration on Appeal No. 218 which was denied September 17, 1959. Mr. Hass asked that he be allowed to reduce the front yard setback of the addition to his motel at least five or six feet rather than the l0 ft. he asked for and was denied. Mr. Hass was advised by the Board that he may have a bay window of five feet but he may not extend the building itself past the existing setback line. Upon motion of Mr. Rosenbe~g~ Seconded by Mr. Bergen, and carried it was RESOLVED that 7.~0 P.M. (E.S.T.), Thursday, October 29, 19~9 be set for hearing upon application of Theodore Schroeder, 1~9 Fourth Street, Greenport, New York, for a special exception in acmrdance with the Zoning Ordinance, Article III, Section ~06, and Section 307, for permission 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, Southold Town Board of Appeals 4- October l~, 19~9 south by Addle J. Becktold, and west by Adam Pekunka. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ and Mr. Rosenberg. 8:00 P.M. (E.S.T.), Thursday, October 29, 1999, on motion of Mr. Bergen, seconded by Mr. Rosenberg, and carried~ was set as time for hearing upon application of Henry W. Lauber, Pequash Avenue, Cutchogue~ New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7~ for permission to locate private garage with reduced setback9 Location of property: Pequash Avenue and Southern Cross Road~ bounded north by L. DeLucia, east by Fleet~s Neck Road, south by Southern Cross Road, and west by G. H. Fleet Estate. Hearing to be held at the Town Clerk's Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Mr. Gi!lispie, Mr. Bergen, and Mr. Rosenberg. The next meeting of the Southold Town Board of Appeals will be held Thursday~ October 22, 1999~ 7:30 P.M.~ at the Town Clerk's Office, Main Road, Southold~ New York. Meeting adjourned at lO:O0 P.M. Re s pectfully submit ted ~ Judith T. Boken: Secretary