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