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HomeMy WebLinkAboutZBA-02/04/1960 FULA- Southold Town Board ®f Appeals S O UTH O LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. M I N U T E S Southold ToUm Board of Appeals February 41 1960 -A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M.2 Thursday' February 41 19602 - at the Town Clerk 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. ' Abs:ent: Mr. Serge Doyen, Jr. PUBLIC HEARING: 7:30 P.M.7 Appeal No. 252 - Applic- ation of Edward L. Purcell, . a/c Richard F. Mullen. Seeing that- no one appeared for the application .upon request of the Chairman Mr. Rosenberg called the residence of Mr. Richard F. Mullen and was advised someone would be sent to the hearing to represent him. The hearing was recessed until Mr. Richard Mullen, Jr. appeared. The minutes cf the meeting of January 212 1960, on motion of Mr. Rosenberg, seconded by Mr. Bergen, and carried, were approved as submitted. Southold Town Board of Appeals -2p- February 4, 1960 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC DARING: 8:00 P.M. s upon the Board of 'A peal Ts own motion, a rehearing will be held upon Appeal No. �0, application of Albert Zanowski, Krause Road., Mattituck, New York, to annul its original order, in accordance with State of New York Town Law, Section 267, Subsection 6. The Chairman opened the hearing by reading resolution of the Board of Appeals , legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this motion? Is there anyone present who wishes to speak against this motion? (There was no response.) Resolution was offered by Mr. Grigonis, seconded by Mr. Bergen and carried, WHEREAS on December 20, 1957 a variance was granted to Mr. Albert Zanowski, Krause Road, Mattituck as a result of Appeal No. 40, Description-hot No. 4 on east side of Old Jule Lane , Mattituck, N. Y. , on map of 0. W. Van Tuyl dated January 29, 1951, revised September 13 , 1951. Irregular shape 80/83 x 220/245, and at this time Mr. Zanowski wishes to have the variance abrogated in order that the purchaser may increase the size of property from 83 feet frontage to 160 feet frontage and thereby increase the remaining frontage to 89 feet. Now therefore the Board of Appeals deems it to be in the public convenience and welfare and the legally established use of the neighborhood property will be improved and the spirit of the Ordinance will be observed, therefore be it RESOLVED, that the variance granted December 209 1957 be abrogated in order that the Appeal No. 254 for permission to enlarge the lots be considered. Vote of the Board: Ayes:- Mr. Gillispie , Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC DARING: 8.10 P.M., Appeal No. 254 Upon application. of William Wickham, a/c Albert Zanowski, Krause Road, Mattituck, New Yorks for a variance in accordance with the Zoning Ordinance, Article K, Section 1000A, for permission to divide a lot leaving a portion less than- prescribed by the Ordinance. Southold Town Board of Appeals -3- February 4, 1960 Location of property: - east side Old Jule Lar_e , Mattituck, New York, part of lots 3 and 4 on map of property of Albert Zanowski, surveyed by Otto W. Van Tuyl & Son dated January 29) 1951 and revised September 13 , 1951. Fee paid $15.00. 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 attesting to its publication in the official newspaper. CN_AIPd�AN: Is there anyone present who wishes to speak for this application? WILLIAM WICIMAM, BSQ. , Mattituck, New York, appearing for the applicant stated as follows : Negotiations have been going on for some time between Nfr. Za.nowski and Mrs . Papish. She wanted to buy this lot of 160 ft. on account of the fact she was going to put up a fairly good size house. Actually that was entered into in the fall of 1958 and they have been making payments since that time and are now ready to take the deed. We realized there was an exception on the center lot and because of the extension of 80 ft. on the center lot thought there would be no objection. I then checked to see if we had permission. The position is now strengthened some- what as far as the Board is concerned. You will now have two lots there instead of three. One will have 90 ft. frontage and a general improvement will be noted due to the fact there will be two lots each of which will be larger than the original three lots .. CHAIRMAN: I would think that would be a definite improve- ment.. Actually, will this house be so large it will require the full 160 ft.? MR. ZANOWS-1 : I think that they plan to build an average home. However, there is between the two lots they intend to purchase , there is quite a bit of room. (Mr. Zanowski referred to the reap appearing in the file. ) Kenny Papish said he would not crowd the line, but would shift the house over and leave enough room so it would balance in accordance with the other lot. MR. ROSENBERG: What assurance do we have that you are going to sell this lot? MR. ZANO%iSKI: he has been paying on it since 1958. MR. WICKHAM: I have the deed prepared and signed, and ready for delivery. The money has been paid. KR. ZANOWM: As far as the Board goes, as Mr. Wickham pointed out, it really is an improvement. Southold Town Board of Appeals -4-- February 4' 1960 MR. BERGE'N: Why can't you keep 100 feet? MR. ZA. 01-1SKI: Mrs. Papish wants 160 feet and I couldntt talk her out of it. CHAIRTIAN: Is there anyone else present who wishes to speak for this application_? Is there anyone present who wishes to speak against this application? (There was no response.) MR. RCSENBERG: Igo you have any objection to our putting in a condition that the variance is for this particular sale? MR. WICI2PIAM: Not as long as it does not affect the marketability of the property,. Suppose she decides not to build and Mr. Zanowski sells the 90 feet? MR. ROSENBERG: That is all right. This condition would be put in so that Mrs. Papish cannot come in here and think she can get it turned into two lots. Resolution was offered by Mr. Rosenberg , seconded by Mr. Bergen and carried, WHEREAS application of Albert Zanowski having been considered at Public Hearing No. 254 on February 4, 1960,v and the Board finding that the strict application of the ordinance would produce undue hardship because the applicafit has an opportunity to sell 160 ft. of his original three lots leaving only 90 ft. , thus making two lots of three, and cannot do this without the requested variance. The situation is unique and would not be snared by all properties alike in the immediate vicinity because the purchaser will not buy less than 160 ft. , thus leaving 90 _ft. , however, this would still be a larger lot than many in the area and larger than originally laid out. 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 160 ft. lot will enhance the neighborhood because of its larger size and the 90 ft. lot. will be in beeping with the other frontages in the area and the depth will be greater' therefore be it RESOLVED that this variance be granted with the con- dition that it is for the sale of this property to Mrs. Eleanor Papish. Vote of the Board: Ayes :- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Gri Boni s. Mr. Richard Mull.e4 Jr. , having now appeared before the Board with respect to the application of Edward L. Purcell, Southold Town Board of Appeals February 4, 1960 a/c Richard F. Mullen, Appeal No. 252, the Board resumed the hearing upon this appeal: PUBLIC HEARING: Appeal No. 252 - Upon application of Edward L. Purcell, a/c Richard F. Mullen, Main Street, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection B, for permission to erect and maintain an additional adver- tising sign on the front of the Mullen Motor Sales building located on the southeast corner of Plain Street and Cottage Place, Southold, New York. Fee paid $15.00. The Chairman opened the hearing by reading the appli- cation for a special exception, legal notice of the hearing with affidavit attesting to its: publication in the official newspaper. CEkIR1UA_N: Is there anyone present lr,ho wishes to speak for this application? MR. RICIIARD MULLEN, JR. , Southold, New York: We are taking on a new car the Valiant and had to sign a contract which includes these signs and each dealer is required certain things to be kept in a certain way and there is a score kept on each dealer. Advertising signs are put on the list and are part of the score. To conduct business there we have to let people know we have the car. MR. HOWARD TERRY, Building Inspector: This is the first contract with Valiant? MR. MULLEN: Yes. They don't actually make us take the signs but $650 makes us worry a little bit. It goes against our record if we don't take the signs. CHAIRMAN: 1$650 is the cost of the signs? MR. MULLED: It is "650 including installation. The small signs are $25.00 each. The reason_ for the $650 for installation is that the brackets have to be replaced. CHAIRMAN: Signs are an extremely difficult part of the business of zoning and there are a number of sections in the Ordinance which limit signs. You are in the "B" Business district and there are certain phrases in the Ordinance which apply specifically to signs in the "B" District. (The Chairman read Article IV, Section 408 (a) and (b) to Ivlr. Mullen.) Really you are conducting two businessese An automobile and gas business as far as Zoning is concerned. I believe you have signs advertising gas, DeSoto, Plymouth, Mullen Motor Sales, also several Southold Town Board of Appeals -'6-- February 4, 1960 . signs inside the window. I presume you would consider .the DeSoto, Mullen Motor Sales and Plymouth signs on the front of the building as one sign, wall sign. sign MR. MULLEN: We are going to place the new/so that it shows only one side on the northwest corner of the building. MR. ROSENBERG, Place it so only one face shows on Main or Cottage Place? MR. MULLEN: Main Street. It is a hanging sign. M13,. ROSENBERG: How do you feel about the signs in the window. The three neon signs. MR. M`ULLEN: Only one works, and two are transparent. They can come down. MR. ROSENBERG: What about the ones that don't work? MR. MULLEN: They can come down also. CH_gIRMA.N: I think you could liberal7_y interpret the face sign, Desoto, Mullen Motor Sales and Plymouth as one sign, but the other neon signs in the window are adding insult to injury. I fail to see why you need a Valiant sign in the window and one outside also. Imo. MUL=N: That could go if we could get the one outside. CHAIRMAN: Can you take these down before you put up the new ones? 111R. IJMLEN: Let's say when the new ones go up the others will come dovw,-n. We still have to advertise in the meantime. CHAIRRIM- q: Would 24 hours be enough time to take them down? MR. 14TJLTEN: That is entirely fair. I will have the other signs doVm within 24 hours of putting up the new signs. CHAIRMLN: Are there any other questions? Is there anyone else present who wishes to speak for this application? Is there anyone present who wishes to speak against this application? (There was no response. ) Resolution was offered by Mr. Rosenberg, seconded by Southold Town Board of Appeals —7" February 4, 1960 Mr. Bergen, and carried, !,%q sREAS, the application of Edward L. Purcell, a/c Richard F. Mullen, having been considered at Public Hearirg No. 252 on February 4, 1960, and the Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property will not be substantially or perm- anently injured and the spirit of the Ordinance will be observed, therefore be it RESOL f!D, that the application be granted as applied for permitting the erection of a 3 ft. by 6 ft. two faced illuminated sign with the word "Valiant" on each side on the northwest corner of the building so that the sign is visible from Main Road. and also from Cottage Place . Also specifically permitting the replacement of two (2) circular two (2) ft. diameter signs advertising service on Cottage Place. These are also two faced signs. It is further stated that the granting of two (2) two faced signs on Cottage Place is in effect approving the continuance of a non-conforming use. It is specifically a condition of the granting of this appli- cation that the neon signs advertising Valiant, Desoto and Plymouth which appear in the show windows on Main Street be eliminated within 24 hours after the erection of the signs applied for in this special exception. it is the opinion of the Board that the contract for Valiant distributorship is a legitimate one and that the granting of this special exception is necessary for the continuance of this business in a successful manner. In granting this application conditionally the Board is aware (1) that a standing sign advertising '"Flying-A" gasoline exists on the property and existed on the property prior to Zoning and (2) -that this standing sign advertises the sale of a product which is in effect a separate business. Vote of the Board: Ayes:- Mr. Gillispie , Mr . Bergen, Mr. Rosenberg, and Mr. Grigonis. Upon motion of Mr. Grigonis , seconded by PIr. Bergen, and carried, it was RESOLVED that 7a30 P.M. (E.S�.T. ) , Thursday, February 18, 1960, Town Clerk Office, Main Road, Southold, New York, be set as time and place for hearing upon application of Richard C. Whitlock, Tuckers Lane , Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 3007 Subsection 1, for permission to use for a two family dwelling the premises located on the northeast side of Tuckers Lane, tiSbuthold, New York, bounded north by railroad, east by R. P. Booth, south Southold Town Board of Appeals -8- February 4, 1960 by Tuckers Zane and west by Tuckers Lane. Vote of the Board: Ayes®- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis, It was further RESOLVED SOLVBD that legal notice of the hearing be published in the official newspaper under date of February 11, .1960. Vote of the Board: Ayes:- Mr. Gillispie , Mr. . Bergen, Mr. Rosenberg, and Mr. Grigonis, The Board of .Appeals received an application for a variance from Edna A. Brown, Main Road, East Marion, New York to be discussed informally at this meeting. During the discussion it was brought out that this property '(at Neill Zane, Peconic) which Mrs. Brown is requesting to use as a restaurant, has been used as a residence for the past 15 years, Mrs. Brown was forwarded a letter advising that the Board of .Appeals does not have the authority to grant a variance which would in effect be a change of zone. The authority to either up-grade or down-grade a zone rests in theTown Board. The Board is not aware of any provision in the Zoning Ordinance which would permit them to facilitate IvLrs . Brown's disposal of this property or use this ?property for business purposes. The Board received a letter from the Southold Town Plan- ning Board in reply to the Board of Appeal's letter of January 227 1960 stating that it is the feeling of the Planning Board that the dividing line for lots to be handled as a subdivision to be between four (4) and five (5) . They suggested that the Board of Appeals handle cases of access involving four- or less lots and the Planning Board handle cases involving five or more lots where access is concerned. The next meeting of the Southold To-wn Board of Appeals will be held 7:30 P.M, , Thursday, February 189 1960y at the Town Clerk Office, Main Road, Southold, New York. The Board of Appeals received a letter from Joseph P. Plonskiy Chairman, Zoning Board of Appeals, Town of Huntington requesting that the Board advise in what districts rest homes or homes of the aged, nursing homes or convalescent homes are permitted. They were advised convalescent homes are permitted use in the business district and the Board of Appeals is not involved. The question was also asked about the advisability of changing the County ,Charter requiring that applications for variances and special exceptions be submitted to -the County Planning Commission when the application is within 500 ft. of a surrounding town boundary. This Board replied Southold Town Board of Appeals -9- February 1+, 1960 that it would seem advisable to do this. Meeting adjourned at 1.1:10 P.M. Respectfully submitted' Judith T. Boken Secretary 4 paC d ofi 4��Peals