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HomeMy WebLinkAboutZBA-09/17/1959 APPEAL BOARD MEMBERS Robcr'c W. Gillispie, Jr., Chelrm,~n Robert Bergen Herbert Rosenberg Cherles Gre~onis~ Jr. Serge Doyen~ Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-26~) $outhold Town Board of Appeals September 17, 19~9 A regular meeting of the ~outhold Town Board was held Thursday, September 17, 19~9, 7:30 P,M., Clerk,s Office, Main Road, Southold, New York. of Appeals at the Town There were present: Messrs. Robert Chairman, Robert Bergen~ Herbert Rosenberg, Grigonis~ Gillispie~ Jr., and Charles Also present: ¥~. Howard M. Terry, Building Inspector Absent: lv~. Serge Doyen, Jr. PUBLIC HEARING: 7:30 P.M.~ Appeal No. 21~ - Upon appli- cation of Louis Zarzecki, Orchard Street, Orient, New York, for a variance in accordance with the Zoning 0rdin~nce, Article III, Section 303~ and Article X, Section lO00A, for permission to to reduce frontage and use as a single lot, property located on the west side Oyster Ponds Lane, Orient, New York, and bounded north by N. E. Luce, east by Oyster Ponds Lane. south by Fernando Jiminez, and west by Annie Wysocki. Fee paid $1~.00. The Chairman opened the hearing by reading application for Soutbold To%rn Board o£ Appeals -2- September 17, 19~9 a variance, lcgal notice of hearing aud affidavit attesting to its publication in the official newspaper. CHAIR¥~N: Is there anyone present who wishes to spemk for this application? lit. Howard Terry, Building Inspector~ explained the location of the property to the Board of Appeals. Mr. Louis Zarzecki stepped forward and stated he wished to speak for the application. CHAIR~L~N: Is there anyone else present who wishes to speak for this app]ication? Is there anyone present who wishes to speak against this appl£cation? Is there anyone present who wishes to ask any ~mrther questions 'concerning this lot? (No one wished to speak.) Resolution was offered by ~M. Bergen~ seconded by Mr. Rosenberg and carried, WHEREAS appeal No. 21~ dated A.ugust 29~ !9~9, having been considered at Public Hearing No. 215 on September 17~ 19~9~ and the Board finding that strict appli- cation of the Ordinance would produce undue hardship because applicant would be unable to build on lot without the requested variance. The situation is unique and would not be shared by all properties alike in the immediate vicinity because this is the oraly lot between the "B" Business District lot fading the State road and the "A" district buildings on the south. The public convenience mud welfare and Justice will be substnatially served and the loga!]y established or permitted use of neighbor- hood property and adjacent use districts would not be substan- tially or permanently injured and the spirit of the Ordinance wottld be observed because most of ~he lots on the southerly side of the road are under 100 ft. frontage~ therefore be it RESOL~ZED that the application be granted as applied for. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, ~M. Rosenberg, mud M~; Grigonis. PUBLIC P~_~RING: 7:$~ P.M.~ Appeal No..216 - Upon app~i2 cation of Victor Lessard, Wickfiaa~Avenue, a/c Mary 0, MacN~sn, Westphalia Road, Mattituck, New York, for a variance in accord- ance with the Zoning Ordinance, Article I!I Section 307~ for permission to reduce side yard on property ~ocated at east side Westphalia Road, ~Mttituck~ New York~ bounded north by Fred 01mstead, east by Mattituck Creek~ south by William Satterly~ Sou%hold Town Board of Appeals -3- September 17, 19%9 and west by Westphalia Road. Fee paid $1%.00. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector, application for a variance, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. CHAIrmAN: Is there anyone present who wishes to speak for this application? MRS. MARY O. MacNISH, Westphalia Road, Mattituck, New York: I wish to speak for the appeal, and believe everying is covered. in the application. CHAIRMAN: Is there anyone else present who wishes to speak for this application? Are there any questions members of the Board wish to ask? MR. ROSEh~ERG: Are there any buildings closer to the Main Road on the next block? MRS. MacNISH: They are all on the water. CHAIRMAN: How far back from the road is the house to be located? MRS. MacNISH: l~O feet. The barn is already there and it is about CHAI~v~N: What is the averaEe setback line along this road? MRS. MacNISH: ~0 ft. on the other side of the road. There is nothing on our side. CHAIP~N: What will be ~he size of the lot? MRS. MacNISH: No particular size. ~$e are leaving it as it now is, ali in one. MR. ROSENBERG: You must divide out a lot with 100 ft. frontage and at least 12~ ft. deep because yQ~.are not allowed to have more than one house on a lot. The si~ of the proposed lot must be marked down because the variance goes with the land and the size of th~ lot must be specified. Resolution was offered by Mr. Bergen, seconded by Mr. Grigonis and carried~ WHEREAS a~plication of Victor Lessard for Mary 0. MacNish having been considered at Public Hearing N~. 216 on September 17~ 19~9~ and the Board finding that gouthold Town Board of Appeals _k_ September 17, 19~9 strict application of the Ordinance wou~d produce undue hard- ship because applicant would be unable to build on lot without the requested variance~ the building has existed on the property for many years in the existing location and it wguld be very costly to make it comply for ~ feet. The situat!on is unique and would not be shared by all p r operties alike in the immediate vicinity because the present buildings have existed for many years and the proposed use is to be residential in a residential area. The parcel is also part of a large estate. The public convenience and welfare and justice will be substantially served and the legally established or permitted use of neighborhood property and adjacent use districts wou~d not be substantially or permanently injured and the spirit of the Ordinance would be ~served because the proposed use is to be residential in keep- g with the neighborhood. The buildings have existed as they presently are for many years~ therefore be it RESOLVED that the application be granted on the following described property: gtarting on the southwesterly corner~ running northerly 100 feet on~stphalia Road, thence running in an east- er~y direction 2~ feet parallel to the southerly line of the property~ then running 100 ft. southerly parallel to the original front line~ Westphalia Road, as'shown on the application to the point of beginning~ Vote of the Board: Ayes:- Mr. Gil~ispie, Mr. Bergen~ Mr. Rozenberg~ and Mr. Grigonis. PUBLIC HEARING: 8:00 P.M.~ Appesd No. 218 - U~on appli- cation of Helmut Hass ~ Main Road~ Greenport~ New ¥ork~ for a variance in accordance with the Zoning Ordinance, Article I~ Section $O~ for permission to reduce front yard setback from established setback line. ~ocation of property, south side North Road, gouthold~ New York~ bounded north by North Road, east by other lands of the ap~licant~ south by other lands of the applicant, and west by Henry Wen-zel. Fee paid $15.00. The Chairman opened the hearing by reading notice Of dis- approval issued by the Building Inspector~ application for a variance, lega~ notice of hearing a~d~'~fidavi~ attes~ng to its publication in the official~n~wspaper. CHA~qMAN: Is there anyone presen~ who Wi~hes to spe~ for this application? (No one wished to speak.) The Board of Appeals discussed the sketch appearing on the Southold Town Board of Appeals -5- September 17, 1959 back of the building permit aK~plication and the ~otographs appearing in the file, taken by Mr. Gillispie and Mr. Rosenberg on September ll, 1959. Sketch No. i is of the motelbuilding in question looking east. Sketch No. 2 is of the H~as co~ages and motel looking northwesterly. MR. ROSENBERG: The vacant Droperty to the west is in the process of being turned in.t~,~a business zone. Resolution was offere~ $~ Mr. Grigonis, seconded by Mr. Rosenberg and carried, WHEREAS application of_He~mu~ Ha~ h~i~g been considered at Public Hearing No. 2~ on ~ep~ember ±y. ypy and the Board finding it is not in the public int~est to further decrease the front yard setback concerning motels~ particularly when this use is across the way from the Southold ~own Beach where there is heavy traffic in the s~mmer time. In addition we b~lieve that decreasing the front yard setback would perhaps hinder the construction or.the proposed new high~ay. Granting this variance would also affe(~t property bounded east and west of the motel buuits, there be it RESOLVED that the application be denied. Vote of theBoard: Ayes:- Mr. Gillispie, Mr. Bergen~ ~. Rosenberg, and Mr. Grigonis. With reference to the d~nial of appeal No. 218, a letter was forwarded to the Southold Town Board requesting that the building permit fee of $5.00 on Multiple Residence Permit appli- cation No. I~S dated September ~, 19~9, be returned to Mr. Helmut ~ass. The Board of Appeals discussed Appeal No. 213, application of Joseph Riccardi Construction Corp., a/c Thomas Szala request- in~ a variance due to ]ack of access. Mr. Terry and Mr. Rosenberg reported to the Board that the access is now acceptable since the ~ight-of-way has been bulldozed to a satisfactory condition. ppeal No. 21~ was continued from August 27, 1959. Resolution was offered by Mr. Bergen, seconded by Mr. Grigonis and carried, %~%EAS applic.ation of Joseph Riccardi Construction Corp., having been considered at Pu~ic Hearing No. 213 on August 27, 19~9, and continued to September 17~ 19~9~ and theBoard finding that strict application of the Ordinance would produce undue hardship because applicant would be unable to construct dwelling for which he has already invested~'time and money for plans~ surveys and contracting a builder. The situation Southold Town Board of Appeals -6- September ~7~ 19~9 is unique and wo~ld not be shared by all properties alike in the immediate vicinity because other houses on right-of-way have had satisfactory access for quite a while. The public convenience and welfare and Justice will be substantially served and the legally established or permitted use of neighborhood property and adjacent use districts wo~ld not be substantialSy or permanently injured and the spirit of the Ordinance would be observed because applicant intends erecting a one-family resid- ential dwelling in keeping with other houses in the area~ there- fore be it RESOLVED that the application be granted as applied for. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mrl Grigonis. A letter was o~dered forwarded to Mr. Thomas Szala advising that the appeal of Joseph Riccardi Constructio~ Corporation for right of access to ~. 8zala~s lot at ~rivate aoad, south side Bay View Road~ Bay View~ S outhold, New York has been granted by the Board of ~ppeals and his building ~ermit No. Z 786 has been forwarde8 to Riccardi Construction Corp. The minutes of the meeting of September 10, 19~9~ on motion of Mr. Rosenberg, seconded by Mr. Origonis and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, M~. Rosenberg, and Mr. Grigonis. By Fesolution offered by Mr. Bergen, seconded by Mr. Rosenberg and carried, 7:~0 P.~. ~E.D~g.T.), Thursday, October 1, 19~9 at the Town Clerk,s Off~ce, Ma~n Road, Sout~old, New Yonk was set as time and place for hearing upon application of Alfred Goldsmith, a/c Albert Fordham, Bay View Avenue, S??mmer Haven~ Greenport, New York, for a variance in accordance with the Zoning.Ordinance, Article III~ Section SO0~ gubsection 7 for Permission to locate ~rivate garage with reduced setback. Location of property, wes~ side Bay View Avenue, Lots No..19 and~20, Summer Haven~u~tvis~on, Greenport, New York. Vote of the Board: Ayes:- ~. Gill~spie: Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. .On motion of Mr. Rosenberg~ secondedby Mr. Grigonis and carrzed, Thursday, October 1, 19~9, 7~$~ P.M. (E.D.S.T.): at the Southold Town Board of App'eals -7- September 17, 1959 Town Clerk's Office, Main Road, Southold, New York, was set for hearing upon application of. Alfred Goldsmith a/c Br. John~nitter, North View Drive, (private road), Orient, New York: for'a ~ar~nce due to lack of access in accordance with State of New. York Town Law, Section 28OA. Location~of property, North View Drive, (private road), Bro~n's HillsEstates, bounded north by L?ng Island Sound, east by~G. L~'myoullg, south by North view Drive, and west by Brown's Hills Estates. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg~ and Mr. Grigon~s.~ ~ /~ ~ ~~ By resolution offered by ~$. Grigonis, sScouded by Mr. Bergen and carried, the_Board Of ~pp~$1s set ~:~ P.MI (~.D.S.T.), Thursday~ October l, 1959,.~T~wn~cler~ .S Offic% Matn ~oaa, Southold, New York for he~riilg'upon applicatio~ of Robert Hyatt~ a/c Anne MacKay and Carole Losee, SpsthV~iewDr~ve, (priyate roa~, Orient, New York, for a variance due'~ Tack oz access mn ~ccora ance w~th State of New York Town Law, Section 280A. Location of property, South View Drive (private road), Brown's Hills Estates., Orient, New York, bounded north by South View Drive, east by Reb_loff, south by Droskoski~ and west by Johnson. Vote of the Board: Ayes:- ~. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigoni~. UPon motion of Mr. Bergen,.seconded by Mr. Rosenberg ~a~d carried, it was Resolved that 8.09 P.M. 9E.D.S.T.)~ Thursday, October l, 1959~ ToE.Clerk's Office, Main Road, Southold, New York~ be set for hearing upon application of Emory RI Tuthill~ Oak Drive, Cutchogue, New York, for a variance due. to l~ck_?f access, in accordance with ~tate o~ New York Town~aw~ section 280A~ Location of property, private roa~, Map of Wilson Tuthill, Cutchogue, New York, bounded north by Wilson Tuthill, east by Wilson Tuthill, south by Wilson Tuthill, and west by Eugene Creek. Vote of the Board: Ayes:- Mr. Gillispie, ~. Bergen, Mr. Rosenberg, and Mr. Grigonis. .I~ was furtheR REEOSVED that ~egal notice of hearing ~e publish,ed in the ozficiaI newspaper on date of September 25,~ 1959. Vote of the Board: Ayes:- ~. Gilllspie, Mr. Bergen, Ym. Rosenberg, and Mr. Grigonis. The next meet'.~Dg of the Southold Town Board of Appeals will be held September 2~, 19%9~ 7~O P.M., at the Town Clerk's Office, Main Road, Southold, New York. - Southold Town Board of Appeals -8- September 17, 1959 The Board of Appeals then discussed the matter of the budget for the coming fiscal year to be presented to the Town Supervisor. After extended consideration it was estimated the expenses and income would be as follows: ANNUAL ESTIIvh%TE SUBMITTED BY BOARD OF APPEALS TOW~N OF SOUTHOLD FOR FISCAL YEaR BEGINNING JANUARY 1, 1960 Secretarial ssistance at public hearings Stationery, form printing, and postage Legal size Filing Cabinet Library and Subscription to Zoning Bulletin Advertising of legal notices Travel expenses divided as follows 1. Estimated expenses for three members of Board attendance at Association of Towns meeting in New York in February. $375.00 2. Estimated expense of ~!r. Doyen, Board member from Fishers Island, for attendance atBoard meetings in Southold, New York. 300.00 3. Estimated travel expense of Board to Fishers Island. 12~.00 Total Travel Expense ~ ~ $ 500.00 3 o.oo 175.oo 60..00 2,000.00 800.00 Reimbursement of Board of Appeals$ $850.00 of which is remuneration to the Chairman and the balance represent- ing $750.00 to each of the other members of the Board. .8 0.00 Total estimated expense of the Board 7~73~.00 Total estimated income from appeal applications 1~00-00 E~timated Net Expense $-6~23~00 A separate letter was forwarded to Mr. K/ipp, Supervisor, Town of ~ou~hold, stating that it is the unanimous opinion of the Board of Appeals that an increase in the annual reimbursement of Mrs. Judith Boken in the amount of $2~0.00 per year is desirable and well deserved. Meeting adjomrned at 9:20 P.M. ppROYF-D Iq' Respectfully submitted, Judi%li~T; B6ken, Secretary