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HomeMy WebLinkAboutZBA-10/01/1959 APPEAL BOARD MEMBERS Robert W. (~illJs~i¢, Jr., Ch~irm~n Robert Bcr~]en Herbert Roscnbcrg Charles Grcgonis, Jr. Serge Doyen, Jr. Southold Town Board of Appeals -qOUTHOLD, L. I., N. Y. Telephone SO 5-26~0 MINUTES Southold Town Board of Appeals October 1, 19%9 A regular meeting of the Southold Town Board of Appeals was held Thursday, October 1, 1959, 7:30 P.M.s 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. Serge Doyen, Jr., and Charles Grigonis, Jr. PUBLIC P~.ARING: 7:30 P.M~, Appeal No. 221 - Upon application of Alfred Goldsmith, a/c Albert Fordham, Bay View Avenue, Summer Haven, Greenport, New York, for a var~nce in accordance with the Zoning Ordinance, Article III, Section 300~ Subsection 7, for permission to locate private garage with reduced setback. Location of property, west side Bay View Avenue, Lots No. 19 and 20,Su~,,er Haven Subdivision, Greenport, New York. Fee paid $1%.00. The Chairman opened the hearing by reading notice of disapproval issued bythe Building Inspector: application Southold Town Board of Appeals -2- October 1, 19%9 for a variance, legal notice of hearing and affidavit attest- 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~ advised the Board that a list of the dwellings located on the west side of Bay View Road appeared in the file, indicating whether they have attached or detached garages and the setback of same. MR. ALFRED GOLDSMITH, Southold, New York: I c~n't see where it would cause any hardship to have the garage located in such a situation as that~ being that there are many people on that side of the street that already have them. CHAIRMAN: Mr. Rosenberg and I~nt down there to look at the neighborhood this morning and took a couple of photos. (Mr. Gillispie produced two photographs of the location of the property.) Where will the garage be built, where the sand piles are? MR. GOLDSMITH: Behind the sand piles. CHAIRMAN: Not untl] about seven or eight houses down is there a garage of the type you are requesting. MR. HOWARD TERRY: Further down there are some. On this side of the road the street is considered the back yard, and the fronts face the creek. CHAIRMAN: The people on the west side seem to use both sides of their houses as front or back. - Is there anyone else present who wishes to say anything for this application? Is there anyone present who wishes to speak against this appli- cation? Are there any questions members of the Board would like to ask? MR. BERGEN: This garage is going to be 10 ft. from the property llne, and the house is what? MR. TERRY: It is setback 100 to 12% ft. Th~ywant the garage near the road so they wo~ld have to build a long driveway and shovel so much snow and so forth, they aren't young people. MR. ROSENBERG: Al, you know s~l about that area down there, from the southerly end of the street up to Colony Road there is one garage, that is Suydam. There is approximately 1200 ft. where there is no garage until up to S~dam. On the other side of the street there are no garages except those attached to the house and in the rear where they are not visible. Now~ there is nothing to prevent anyone from building a garage Southold Town Board of Appeals -3- October 1, 19%9 50 ft. from the property line. -- There are no garages on the road for 1200 feet, no matter what the application says. CHAIRMAN: In this case it would be bad enough to erect the garage %0 ft. from the road in front of the other houses, it would impose a hardship to the people across the street, as it would be a blot in front of them to have a single detached garage and nothing of a similar character within %00 to 1000 feet. We do not think the question of hardship to the applicant can enter into whether you have a garage or not. Financial hardship can not be considered, the s~me is snow removal, that cannot be considered, that affects all of us at the same time, that is not a basis for granting a variance. MR, R0~ENBERG: The fact he does not wish to dig through the snow is not a unique hardship. Resolution wa~ offered by Mr.G~llispie, seconded by Mr, Rosenberg, and carried, ~ application of Alfred Goldsmith, a/c Albert Fordham having been considered at Public Hearing No. 221 on October l, 19~9, and the Board finds that in their opinion it is noE an unusual or undue hardship to have to remove snow, and the question of expense is not permitted as a reason for granting or denying a variance, and the Board also finds construction of a separate detached garage l0 ft. from the property line would affect 'the outlook of all of the property owners across the street over a distance of at least 1000feet and would have a tendancy to cause the neighborhood to deteriorate, therefore be it RESOLVED that the application be denied. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HE, ARING: 7:$% P.~'., Appeal No. 222 - Upon application of Alfred Goldsmith, a/c Dr. John Whitter, NGth View Drive (private road), Orient, New York, for a variance in accordance with State of New York Town Law, Section 280A due to lack of access. Location of property, North View Drive, (private road), BroWn's Hills Estates, bommded north by Long Island Sound, east by~G. L. Young, south by North View Drive, and west by Brown's Hills Estates. Ko fee necessary - access. The Chairman opened the hearihg 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. Southold Town Board of Appeals -~- October 1, 19%9 CHAIRMAN: Is there anyone present who wishes to speak for this application? Mr. Howard Terry, Building Inspector, presented a map of the property and explained same to the Board. Mr. ~fred Goldsmith, Southold, New York, stated he appeared for the application and would answer any questions the Board might have. The Chairman stated he was quite familiar with the location of the property and knew the road to be in good con- dition. CHAIRMAN: Is there anyone present who wishes to speak against this application? (No one wished to speak.) Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen, and carried, ~ application of Alfred Goldsmith, a/c Dr. John Whitter, having bee~ considered at Public Hea~ing No. 222 on October 1, 1959, and the Board finding that strict application of the Ordinance would produce undue hardship because this private road is in excellent condition, having been oiled and maintained in first class condition, s~d applicant would be unable tu build without this variance° The situation is unique and would not be shared by all properties alike in the ~mmediate vicinity because ma~y of the lots have been built upon before present requirements had been set up. The public convenience and 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 wo~d be observed because the proposed use of the property is residential in k~eping with the neighborhood, therefore be it RESOLV~ that the application be granted as applied for. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC RrgJ~HING: 7:5OP.Me, Appeal No. 223 - Upcu application of Robert Hyatt, a/c Anne Mackay and Carole Losee, South View Drive, (private road)~ Orient, New York, for a variance in accordance with State of New York Town Law, Section 280A, due to lack of accesse Location of property, South View Southold Town Board of Appeals -%- October 1, 19%9 (private road), Brown's Hills Estates, Orient, New York, bounded north by South View Drive, east by Rhhloff, south by Droskoski, and west by ~ohnson. No fee necessary - access. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector, application for a variance~ legal notice of hearing ~d affidavit attest- lng to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? Mr. Howard Terry, Building Inspector, stated that this is the s~me location as the previous appeal (Whitter) and produced the map for the Board to examine. The Chairman stated that he is also f~miliar with this location and know the roads to be in excellent condition. 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 members of the Board would like to ask? (No one wished to speak.) Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, and carried, ~tEREAS, application of Robert Hyatt, a/c Anne MacKay and Carole Losee, having been con- sidered at Public Hearing No. 223 on October 1, 19%9, and the Board finding that strict application of the Ordinance would produce ~ndue hardship because the private road is in excellent condition, having been oiled and maintained in first class condition. The situation is unique and would not be shared by all properties alike in the immediate vicinity because many of the lots have been built upon before present requirements had to be met. 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 substantislly or permanently injured and the spirit of the Ordinance wo~ld be observed because this is a rest~ntial area and the proposed use of the property is to be residential in keeping with the area, therefore be it for · RESOLVED that the application be granted as applied Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. * * * * Southold Town Board of Appeals -6- 0c~ober 1, 19%9 PUBLIC H~.ARING: 8:00 P.M., Appeal No. 225 - Upon application of Emory R~ Tuthill, Oak Drive, Cutchogue, New York, for a variance due to lack of access, in accordance with State of New York Town Law~ Section 28OA. Location of property: private road, Map of Wilson Tuthill. Cutchogue, New York, bounded north by Wilson Tuthill~ east by Wilson Tuthill, south by Wilson Tuthill~ and west by EugBne Creek. Fee unnecessary - 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 officia~ newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? Mr. Howard Terry, Building Inspector, produced a map of the property and explained same to the Board of Appeals. On the map the property in question is referred to as Lot No. l~ and is 100 ft. front by 290 ft. depth on one side and 250 ft. depth on the other. It has been staked off, monumented, and the deed has been filed. Mr. Terry also stated that the appli- advised him it is intended to cut a 50 ft. road in after the crops have been harvested~ however at present the road is completely passable. CHAIRMAN: Is there anyone present who wishes to speak against this application? Are there any questions members of the Board would like to ask? (No one wished to speak.) Resolution was offered by Mr. Rosenberg, seconded by Mr. Bergen and carried, WHEP~$ application of Emory R. Tuthill, having been considered at Public Hearing Noo 225 on October 1, 19%9~ and the Board finding that strict application of the Ordinance would produce undue hardship because it would be an unnecessary hardship to require removal of the crops and installation of roads for the one dwelling at the present time. The situation is unique and would not be shared by ali prop- erties alike in the immediate vicinity because this ~ the first l~to be taken out of the farm, and a subdivision map is being prepared. 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 and the spirit of the Ordinance would be observed because the proposed use is resddential and would be in keeping with other residences on either side of this property~ therefore be it RESOLVED that the application be granted as applied for. Lot size: lO0 ft. front~ 290 ft. one side and 2%0 ft. depth other side. Southold Town Board of Appeals -7- October 1~ 1959 Vote of the Board: ~Yes:- and ~. Rosenberg. Mr. Gillispie, Mr, Bergen, The minutes of the meeting of September 25, 19%9~ on motion of Mro Rosenberg, seconded by Mr. Bergen, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Bosenbergo Mr. and Mrs. Manuel Gloria, accompanied by their attorney Edward LaF~eniere, and Mr. Odell Smith~ appeared before the Board of Appeals for an informal discussion. Mr. Smith, on October 23, 1958, was granted a variance due to lack of access from Seventh Street to his lot No. 77, Greenport Driving?ark~ Greenport, New York. Mr. and Mrs. Gloria own property on Ninth Street and on the right- of-way known as Flint Street which is located between Ninth and Seventh Streets. They are having a 50 ft. road cut through from Ninth to Sevenths Streets but have come to a point in the road where an individual has a chicken coop on part of his property and part of Mr. Gloria,s property and refuses to move it. The Boar~ advised Mr. and Mrs. Gloria that th~ ~tter is entirely persor~d they could not grant them access from Ninth Street to Seventh Street until the road is cleared all the way through. By resolution offered by Mr. Bergen~ seconded by Mr. Rosenberg and carried, Thursday, October 15~ 19%9, 7:30 PoM. (E.D.SoT.)~ was set at Town Clerk's Office,Main Road, Southold, New York, for hearing upon application of John and Helene Hoch, Miriam Road, Mattituck, New York, for a variance ~n accordance with the Zoning Ordinance, Article III~ Sectio$ 300, Subsection 7, for permission to locate private garage with reduced setback. Location of property, Lots 71 and 78~ Miriam Road, Captain Kidd Estates, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. It was further resolved that legal notice of hearing be published in official newspaper on October 9, 19%9. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, A~~. Rosenberg- ~~~Respeet~ullY~--~sj~b$itted' "~ha~ma~a~f Appal~ ...) ~Jddith I% Boken ,, Secretary