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HomeMy WebLinkAboutZBA-10/08/1959Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone $0 5-[660 APPEAL BOARD MEMBERS Robert ~/. Gillispie, Jr., Ch~irm~n Robert Bergen Herbe,t Rosenber~] Cherles Gresonis, Jr. Ser~e Doyen, Jr. MINUTES Southold Town Board of Appeals October 8~ 1999 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, October 8, 1999, at the Town Clerk's Office, Main Road, Southold, New York. There were present: Messrs. Robert W, Gillispie, Jr., Chairman, Robert Bergen, Herbert Rosenberg, and Charles Grigonis, Jr. Also present: Mr. Howard M. Terry, Building Inspector. Absent: Mr. Serge Doyen, Jr., PUBLIC HEARING: 7:30.P.M., Appeal No. 22~ - Upon application of A. John Gada, a/c Alexander Robinson, Private Road, Estates Section, Fishers Island, New York, for a var- iance in accordance with theZoning Ordinance, Article III, Section 300, Subsection 7, for permission to locate private garage with reduced setback. Location of property, north- side private road, Fishers Island Estates, Fishers Island, New York, bounded north by Fishers Island Sound, east by Pierre S. DuPont 3rd, soUth by Fishers Island Estates, and west by Van Horn Ely. Fee pa~d $1g. O0. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector, application Southold Town Board of Appeals -2- October 8, 1959 for a variance, legal notice of hearing and affidavit attes~- ing to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HOWARD TERRY, Building Inspector: Serge Doyen, Fishers Island, called and stated that he had written to DuPont and other neighbors down there and said they had no objection to it. Alfred Grebe, Fishers Island, ~so said he could see no objection to it. There is a map in the file showing the el~y~ions of the, property which f~ls off from ~2 ft. to 28 ft. a ~lr~'erence of 1~ ft. CHAIRMAN: Is there anyone else present who wishes to speak for this application? 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, WHEREAS application of A. John Gada, a/c Alexander Robinson having been considered at Public Hearing No. 225 on 0ctoher 8~ 1959, andthe Board finding that strict application of the Ordinance would produce undue hardship because the land falls off from front to back of this property causing unusual topographicn~ problems which msWes excessive amounts of fill and grading necessary to make a practical approach to the building. The situation is unique and would not be shared by all properties alike in the fmmediate vininity because the lot in question is one of the larger type lots which are mostly side hill property. The public convenience ard welfare and justice will be served and the legally estab- lished 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 because the area is strictly residential on lots much larger than required by the Ordinance and onprivate roads which do not have a great ~mount of traffic~ therefore be it for. RESOL~ that the application be granted as applied Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Mr. and Mrw~ Albert Fordham, along with their neighbor Mr. Raymond McKeighan~ appeared before the Board of Appeals for an informal discussion relative to their Appeal No. 221 dated September 15, 1959.having been denied. Mr. and Mrs. Fordhem Southold Town Board of Appeals -3- October 8, 1959 were denied permission to build a detached garage l0 ft. from their property liner Bay View Road~ Greenport~ New York~ rather than 50 ft, as required by the Zoning Ordinance.' Variance was denied on the grounds that it is not an unusual or undue hard- ship to have to remove snowy and the question of expense is not permitted as a reason for granting or denying a variance and the Board finds construction of a separate detached garage lO ft. from the property line would affect the outlook of all of the property owners across the street over a distance of at least 1000 feet and wo~ld have a tendancy to cause the neighborhood to deteriorate. Mr. and Mrs. Fordham asked the Board if they might receive some consideration toward building the garage as they requested, since placing it 50 ft. from the property line would cut up their lawn so there would not be ample room for an attractive lawn and the garage would be very close to the house making it, ~ their opinion~ unattractive. The ~hairman explained that the Ordinance applies to the entire Town and is to protect the welfare of the Town in general. Mr. and Mrs. Fordham have shown no hardship to warrant a varaince~ The Chairman also stated that for the p~rpose of the Ordinance~ contrary to Mr. Fordham's thinking~ the front yard is the part of the lot which abuts on the street~ Mr. Raymond McKeighan stepped forward and stated that~ being the next door neighbor~ he is very muchin favor of the garage being built near the road as he feels it will enhance his property as well as the Fordham property. After considerable discussion the Board again advised the F~hams that the decision of the Board denying their appear for a variance is firm and cannot be changed nor considered further unless additional evidence is introduced. Mr. Henry Lauber~ Pequash Avenue and Southern Cross Road~ Cutchogue~ New York~ c~me before the Board for an informal discussion relative to building a detached garage in line with the south side of his house facing on Southern Cross Road. Mr. Lauber was advised by the Board of Appeals ~o apply for a variance uuder Article III~ Section 300, Eubsection 7. Mrs. Lillian M. Brush~ Northport, New York~ appeared before the Board of Appeals with her husband~ for an informal discussion relative to converting the house she purchased from Blanche Clingen in Orient into a three apartment house° Mrs. Brush plans to rent two of the apartn~nts in the summer and keep one for herself to come to when visiting in Orient. The house is diagonally across the street from an ex~ting apartment house and next to a gas station on the same side of the street. Many of the houses in the vicinity take tourists in the s~mmer. After considerable discussion Mrs. Brush was advised that the best procedure would be to speak to her future neighbors in Orient and find out their feelings relative to an apartment house~ and then apply to the Town Board for a change of zone. Southotd Town Board of Appeals ~+- October 8, 19~9 The minutes of the meeting of October 1, 19~9, on- motion of Mr. Bergen, seconded by Mr. Rosenberg and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Grigonis~ seconded by M~. Bergen and carried, it was RESOLVE~ that time and place be set for hearing upon application of Frank E. Horn, Island View Lane, Greenport~ New York, for a v~riance in accordance with the Zoning Ordinance, Article III~ Section 303, and ArticleX, Section 1000A,~for permission to reduce frontaSe and sell as a single lot, property located on PrivateRoad~ off Island View Lane, Greenport, New York~ Lot No. 9 on map of property of Frank Horn, Greenport, New York. T~m~ and place being aet for 7:30 P.M. (E.D.S.T.), Thursday, October 22, 19~9, at the Town Clerk's 0ffice~ Main Road, Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. By resolution offered by Mr. Bergen, seconded by Mr. Rosenberg, and carried, 7:~0 P.M. (E.D.S,T.), Thursday, October 22, 19~9, Town Clerk's Office, Main Road, Southold, New York was setas time and place for hearing upon application of Frank E. Horn, Island View Lane, Greenport, New York, for a variance in adcordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to reduce frontage and sell as a single lot, property located on Private Road, off Islan~ View Lane~ Greenport, New York. Lot No. 10 on map of property ofFrank Horn, Greenport, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Rosenberg, seconded by M~. Grigonis and carried, Thursday, October 22, 19~9, 7.~0 P,M. (E.D.S.T.)~ At the Town Clerk's Office, M~in Road, Southold, New York was set astime and place for hearing upon application of Frank E. Horn, ISland View Lane, Greenport, New York~ for a variance in accordance with the Zoning Ordinance, Article Ill, Section 30S~ and Article X, Section lO00A, for permission to reduce frontage and sell as a single lot, property located on Private Road, off Island View Lane, Greenport, New Y~rk. Lot No. 12 on map of property of Frank Horn, Greenport, New York. Vote of the Board: ~yes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board c~ Appeals -5- October 8, 19~9 On motion of Mr. Grigonis, seconded by Mr. Bergen and carried~ it was RESOLVED that time and p~ace be fixed for hearing upon application or'Jack J. Levin, Sound View Avenue, So~thold, NeW York, for a special exception in'accordance with the Zoning Ordinance, Article III, Section 300~ Subsection ll, for permission to erect and maintain directional advertising sign on the property of Adam Pekunka, southeast side Main Rcad, (Route 25)~ Arshamom~que~Greenport, New York. Time and~place being set for 8:00~P.M. (E.D.S.To)~ Thttrsday, October 22~ 19%9, at the Town Clerkto Office, Main Road, Southold, New York. Vote ~ the Board: Ayes:- Mr. Gil~ispie, Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. · By resolution offered by Mr. Bergen, seconded by .~Mr. Rosenberg~ and carried, 8:50 P.M. (E.D.S,T.), Thursday, October 22, 19%9~ Town Clerk's Office, Main Road, Southold, New York, was set as time and place for hearing upon'application of Sunrise Coach Zines, Inc., south side Front Street, Greenport, New York, for a specisl exception in accordance with the Zoning Ordinance, Article IV, Section $00, Subsection 9~ for permission to use property on the north side School Street Extension for storage of buses and service facilities for same. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Rosenberg, and Mr. Grigonis. It was further RESOLVES that legalnotice of hearing be published in the official newspaper on date of October 16, 19%9. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held Thursday, October 1%, 19%9~ 7:50 P.M.~ at the Town Clerk's Office, Main Road, Southold, New York. Meeting adjourned at lO:l% P.M. Respectfully submitted, Judith T~ Boken Secretary