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HomeMy WebLinkAboutZBA-11/10/1960 T Southold Town Board of Appeals SOUTHOLD, 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 'Ufi �E S' SOUTHOLD TOWN BOARD OF. APPEALS November. 100 .1.960 A regular meeting .of the- Southold Town Board,:of Appeals Was held .7 30- P,M. , Thursday November. 10, 196.0. at .the Town .Clerk. Office, Main 'Road, Southold,. New York. There were present: Messrs. RobertW. Chairman, .Robert .Bergen, Herbert Rosenberg, .ano'Charl-es Grigonis, Jr. )fbsent: Mr. Serge"Doyen, . Jr. PUBLIC �HEARING: Appeal No. 3 25 �- :7 f 3-0 'P.M. 4E.S upon .application of' Johrx F. McNulty and others, _ Main. Road, Laurel, New York, for a variance in.accordange with the Zoning Qr:dinance, Article X, Section 1000A, fpr permissiQn. to- divide,'property leaving ,an :area. with' .less. than .r quired frontage. Location of property; north side Soundq eW Avenue, Mattituck, New York, -bounded, north by Sopnd, east. by Kohler` Betts, -.south by Soundview, Avenue,, and. west.by, McNulty Estate. Pee paid $15..00. .Southold Town Board .of .Appeals -2- November 10, 1960 The Chairman opened the hearing by. reading notice of disapproval issued by the Building Inspector, application for a variance, legal notice of hearing anal affidavit attesting to its publication in the official newspaper. THE 'CHAIRMAN: I think that. we have discussed this problem with the applicants on two other occasions and that we referred -them to the Town Counsel -with respect to his, opinion on whether or not this application could possibly be granted by the Board of Appeals and it. was Mr. Tasker' s opinion that it -could. I will now be glad to hear from..,anyoae who wishes to speak in favor of this, -application. MR. JOHN 'F. McNULTY, Main Road, Laurel, New York.: I have nothing to add to the statements in the. application. I will be happy to answer any questions you may have. THE CHAIRMAN: Is there anyone present who wishes to speak, against this application? (There was no response.) THE ' CHAIRMAN: Are there any questions anyone would like to .ask? MR. ROSENBERG: Mr. McNulty, you- understand that. no structure is; to be .erected on this parcel .within the next .25 years? MR. McNULTY: Yes. THE CHAIRMAN: If the property across the street is sold you intend to- let- the owners use the beach? MR. McNULTY: Yes. THE CHAIRMAN: Shouldn.'t a copy of this action, assuming that it is granted, be in the possession of the person who proposes to buy the 1-00 ft. lot because the ,Ordinance prevents anyone from selling the 100 ft. lot and .als.o selling the under- sized portion? MR. McNULTY: I will furnish, the purchaser with a copy. Southold Town .Board of .Appeals -3- November lOt 1960 Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, and carried, AREAS application .of .John F. McNulty and others, having been considered .at Public Hearing No. 325 on November 10, 1960, and the Board finding that strict -,appli- cation of the ordinance would produce undue. hardship because applicant's property to the south will lose its potential value as summer building sites if. .access to- the beach. and .Long Island Sound is unavailable. The hardship. created is unique and is not shared by all properties alike in the immediate vicinity of this property and in this use district: because applicant owxis -a. .27 acre parcel to the south and wish to retain the strip of land leading to the Sound as a means of access to the beach. This property has been owned by. the McNulty family for 100 years. The variance would observe the spirit -.of the Ordinance -an o oou d not change the character of the district because applicans/inend to erect a .structure on this property. but. intend to use it as a means of ingress to -and .egress from Long Isla nd 'Sound; therefore be it RESOLVED that John F. McNulty and othrs be granted. permission to divide property leaving 46 ft. on.Long, Island .Sound and 30 ft. on Soundview Avenue, but prohibiting the .erection .of any structure on-this parcel of land within a period of 25 years. Vote of the .Board; Ayes;- Mr. Gillis.pie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The minutes of the meeting of 'November 7, 1960, on motion of Mr. Rosenberg, seconded by Mr. Bergen, and carried were approved as submitted. . Vote of the Board; Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 3,24 - Upon application...of Gr.eenport Sea Products, Inc. , Shipyard Lane, East Marion, New York, for a variance in a-ccordance with the Zoning ordinance, Article V4. Section .503, for permission to reduce front yard setback, Location of property: east side Shipyard Lane, East Marion, New York, bounded north. by Czereporwich, east by E_ H. King, south by Bay., and west by Shipyard Lanea Fee paid $15. 00. Southold Town Board of Appeals -•4- November 100 1960 The Chairman opened the hearing by reading notice of dis- approval issued by the Building Inspector,,, application for a variance,- legal notice of hearing and affidavit attesting to Its publication in the official newspaper.. THE CBAIRMAN: Is thew anyone present who wishes to speak for this application? Mr. Edward Mulhall. Manager of Greenport Sea Products introduced to the Board of Appeals Messrs... Eddie Rossi$. Field Engineer,. Don Richi,t. Accountant, and Pearlstein, an associate of the business. Mr.. Mulhall stated that the six tanks in front of the building will be 4 15, 000 gal. and 2 10, 000 gal. Two will hold fish oil * two will hold fuel oil and two for solvent and each will be 10 ft. in diameter and 26 ft. long. He stated that by placing them in front of the building they wouldbe very handy for trucks to make deliveries in the winter time and pick up, and also due to the nature of the operation the tanks are placed in the only logical place. The tanks will be painted and the area landscaped with cedar trees and the grass around the build- ing is always taken care of right up to the Town road.. Mr. Mulhall repeated what Mr. Nelson, Assistant Secretary of the company had told members of the Board of Appeals] that they will continue the bulkheading up to the property line and that they welcomed the use by the public of their private beach and it would not interfere with the company activities_ The purpose of the plant is to make fish flour, The pilot plant is in New Bedford, Massachusetts. This plant in East Marion will be set up to handle 100 tons a day. - Mr. Mulhall went into the step by step process of the -plant and how they intend to secure the fish and transport the finished product. THE CHA;11 A : Are there any other questions anyone would like to ask? MR. ROSENBERG: I discussed with Mr. Nelson the fact that the public had been using your beach. One of the principal objections . is that this is one of the only two beaches for launching boats and a-ccess to the water in East Marion and in the past you had allowed them to use this beach*, will you allow them to continue that? Southold Town Board of 'Appeals -5- November 10, 1960 MR. MULHALL: Yes,, we will. MR. ROSENBERG: You understand that future things on that street must be 30 ft, which is the setback in an Industrial District* or another variance must be sought_ Everything is 30 ft.. there except by special grant. MR. XULHALL: I understand. MR. ROSENBERG: When were these tanks placed? MR_ ROSSI: In the beginning of October. October 3rd they were moved in. MR_ ROSENBERGz When you made application on the 27th these had been installed. Did you have any assurance from anyone that it would be alright to do this? MR. MUHGHALLz Not we did not even]mow anything about it+ we just put them in. THE CHAIRMAN: Who is your attorney? MR. muLHALL: Henry Prosner,#, an attorney from New York City. MR. ROSENBERG: Before this building was erected you brought a lot of machinery in and you had to deal with the Building Department. At the time you put the machinery in there you began th erection of the building* at that time you secured a building permit for this building*, is that correct? MR. J,v uLHA L: Yes. k MR. ROSENBERG: You did have transactions with the Building Department at that time? Mg_ MULHALL: Yes* Mr. Terry came down quite often. MR. ROSENBERG: On October 27th the Inspector came down and you did not know anything at all until the Inspector came down and said the tanks were too close to the road? MR. MULHALLz That is right. THE, CHAIRMAN: I think the Board feels that since- youYrope to landscape these tanks and hide. them with shrubbery that you Southold Town Board of Appeals -6-- November 104 1960 do that as soon as possible. MR. MULHALL.- We will. The tanks are placed as close to the ground as possible and the top will be 12 ft. from the ground level_ THE CHAIRMAN: Are there any other questions anyone would like to ask? (There was no response.. ) THE cHATRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) Resolution was offered by Mr. Gillispie,, seconded by Mr. Rosenbezg, and carried, WHEREAS application of Greenport Sea Products, Inc.., having been considered at Public Hearing No. 324- on November 10, 1960, and the Board finding strict appli- cation of the Ordinance would produce undue hardship because due to the type of operation, the tanks being located at the end of the processing system, this is the only logical location. The hardship created is unique and is not shared by all properties alike in the immediate vicinity of this property and in the same use district because this is the only industrial district in the area and it is located at a street end. The variance would observe the spirit of the Ordinance and would not change the character of the district because this entire operation has been industrial since 1939 and it is intended to be' continued as same. The area is attractively landscaped and applicant intends to landscape the tanks as well; therefore be it RESOLVED that Greenport Sea Products, Inc. be granted permission to reduce front yard setback to 12 ft. for the purpose of erecting storage tanks. The Board of Appeals has visited the plant and has carefully considered the situation and due to the mechanical operation the tanks could not be practically located in any other posfrtion. vote of the Board: Ayes:" Mr. Gillispie, Mr. Bergen, Mr. Rosenberg,. and Mr. Grigonis. t Southold Town Board of Appeals -7- November 10,_ 1960 On motion of Mr. Grigonis, seconded by Mr. Bergen,- and carried,, the Board of Appeals set 7:30 F.M. #- Thursday, December 1, 1960, Town Clerk Office.,, Main Road, Southold, New York. as time and place for hearing upon application of Frank E. Horn.. Island View Lane, Greenport,, New York, for a variance in accord- ance with the Zoning Ordinance, Article IIIA Section 303, for permission to reduce frontage and sell as a single lot, property located on the south side of Island View Lanes, Greenportt New York, bounded north by Island View Lane, east,t south and west by other land of Frank E. Horn. Vote of the Boards Ayes:- Mr. Gillispie„_ Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. It was further RESOLVED that legal notice of hearing be published in the official newspaper under date of November 23, 1960. Vote of the Boards Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr.. Grigonis. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M. , Thursday, November 17, 1960 at the Town Clerk Office, Main Road,.. Southold, New York.. Meeting adjourned at 9:30 P-M. Respectfully submitted, udith T. Boken Secretary oar o PPeal�