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HomeMy WebLinkAboutZBA-06/22/1961 Southold Town' Board of Appeals S0UTH0LD, 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 TOWN BOARD- OF APPEALS June 22, 1961 A regular meeting of the-`Southold Town Board of Appeals was held 7:30 P.M. , Thursday, June 22, 1961, at the Town Clerk Office,. Main Road, . Southold, -New York. There were present: Messrs. Robert'-W. Gillispie, Jr. , Chairman, .Robert Bergen, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis,, Jr. , and Serge Doyen, Jr. Also present: ' Mr. Howard Terry, Building Inspector. PUBLIC HEARING: Appeal No. 388 - 7:30 P.M. (E.D.S.T_ ) , upon application of Germain & Tedesco, New Suffolk .Avenue and Fifth Street, New Suffolk, New York, for a special. exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect .and maintain directional sign on the property of.'A. .H. W. Boutcher 'Estate, Route 25 'and private road., Mattituck, New York. Property bounded north by -Reeve Bros. , east by 'Creek, south by Gutter, and west by Main Road. Fee paid $15. 00 Southold Town Board of Appeals -2- June 22, 1961 The Chairman opened the hearing by °reading application for a special exception, legal notice of -hearing, affidavit attesting to its. publication in the official newspaper and letter of per- mission from the property owner. THE CHAIRMAN: ' Is there anyone present who wishes to speak for this application? MR. JOSEPH.S. TEDESCO, . New�'Suffolk -Avenue and Fifth Street, New, Suffolk, New York: I speak for the application. THE CHAIRMAN: ' Do you have any other _signs, .Mr. Tedesco? MR_ TEDESCO: No.. THE-CHAIRMAN: Were you in business before this year? MR. TEDESCO: We took title the day before. Labor Day last year. This is the old Faning house. THE CHAIRMAN: . The wording is dotithin the permitted information fora directional sign. Is there anyone present who wishes to speak against this application? (There was no respons-e. ) THE CHAIRMAN: The property where this sign is to be located is in the "B" Business 'District? MR. TEDESCO: _. Yes, it is. 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 On motion of Mr. Gillispie,• seconded by_`Mr.. Bergen, it was RESOLVED that Germain & Tedescor New Suffolk Avenue and Fifth Street, New Suffolk, New York, -be granted permission to erect and maintain directional sign on the property of'A. H'., W. Boutcher, Southold Town Board of-Appeals -3- June 22, 1961 Route 25 'and .private road, -Mattituck, New York. Sign size shall not exceed 50 sq. ft. in .area and exterior dimensions shall be no greater than 6 ft. 6 in. in height by 12 ft. 6 in. in width, and lower edge at least 4 ft. above ground level. Sign to be located at least 5 ft. from any,-property line. Wording to be: "Next right turn for Peconic House'. Tourist House, New Suffolk. " Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg: PUBLIC HEARING: Appeal No. 373 - 7:45 ' P.M. (E.D. S.T.0), upon application of George- L. - Penny, III, a/c James Mulvihill, . Sound Avenue , Mattituck, New York, . for 'a special exception in accordance with the Zoning Ordinance, Article X, Section 1007, . Subsection - (e) , for permission to replace two small camp buildings, at,-Camp Momoweta with one building of equivalent size. Location of prop- erty: south side Sound Avenue, . Mattituck,_ bounded north by Laurel Lake, east by William Unkelbach, south by 'Cecil Young, . and west by Thomas Buchak. Fee paid $15. 00. The Chairman opened the hearing by reading application for :a special exception, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE,' CHAIRMAN: Is there .anyone present who wishes to speak for .this application? JOHN McNULTY:ESQ. , . Laurel, New York: I appear on behalf of 'Mr. James -Mulvihill. First -we shall resolve the problem .as pertains, to the Board of Health. I present to the Board a. copy of the annual Board of Health permit which expires Becember 31, 1961, issued to James Mulvihill on June 14, 1961, permitting him to operate Camp Momoweta and issued by 'David E. Overton, .Commissioner of Health, . Riverhead. Mr. . Mulvhill has been operating this camp the past 13 years, this will be the 14th .season. This camp has always been in compliance with the law as far as he knew. Mr.. Mulvihill is a non-resident' of the' State of New York, he resides in New Jersey, and he is only here until the end of the season. When this arose last year -he found he had erected a building without a permit and a special exception was granted. The Board found everything in order Southold Town Board of Appeals -4- June 22, 1961 as far. as. the public convenience and ,welfare and justice, etc. was concerned. During the spring of this year Mr. Mulvihill contacted George L. Penny, III, one of the largest building material suppliers in Southold Town, and asked him to make application for the erection and tearing down and asked him to obtain 'the. necessary building permits from th.e. Board. Mr. - Mulvihill was not conversant with the various provisions of the Board and he placed it . in Mr. Penny' s hands. Mr. Penny applied April .11, 1961 and the application for building permit was not dated until May 2nd. The special exception .was dated May 15th. . Before act- ing. on the application .for .a special exception'; the Board investigated and found that `the- building had.been erected and others . torn down without permission. I ,feel that in ,this case it was not, the owner who was wrong, it-was the builder or supplier who should have known better. They are engaged from day to day and they know the forms and functions and the Ordinance provides that the builder-and contractor who knowingly violates are guilty and I ask that the Board not punish..Mr. Mulvihill. I believe ,a special exception should be granted to Mr. Mulvihill. He was ' not here and did not know the building was .going up and he has been brought before the local Justice of the Peace and, I believe he has been punished substantially. (Mr. , McNulty went -into the question of the Tourist-.Camp Ordinance requirement of the Town of:South:old.which does not pertain'..,._; to the hearing before the Board .at this time. ) MR_ McNULTY: Mr... Mulvihill. is here tonight to answer: any questions you may have pertaining to this application.. THE `CHAIRMAN: Do I understand that this plot plan in the file ,-is the plan of the camp as it is now: . MR. McNULTY: Yes, it believe it is. However, I have here a detail of Camp Momoweta drawn by -O. Taray on June ,13,, 1961 and as the camp appears today. This special exception pertains to building. #5 on the sketch. MR. ROSENBERG: The building that you are putting up now will not be included in the .Town Ordinance for this camp. Technically it does not have anything to do with the camp as it has more than 350 sq. ft. Southold Town Board of Appeals -5- June 22, 1961 MR. McNULTY: It would .have the affect that if the camp were not run properly and the other buildings were not permitted to be used, then . the building would not be able to be used. THE CHAIRMAN: Are there any other questions on this camp? ' (There was no response. ) THE 'CHAIRMAN: Is there anyone present who wishes to speak against this application?' (There. was no response. ) The Board of Appeals finds that this special exception appli- cation is to. replace two small cabins accomodating six children in each by one large cabin with ten bunks and to be placed at least 33 ft.. from any other structure. This children's camp has been in ownership operation for about thirteen, years and according 'to our investigation has been properly managed. A `Board of Health permit for 1961 has been issued. All of the childrens camps .in this area are non-conforming. D ue to a combination of absentee ownership and negligent . builder..construction. was commenced without the usual building . permit. As a result of visits and investigations the Board determined that there would be unnecessary hardship in carrying out the str.i--t letter of the provisions of the Zoning' Ordinance and that by per- mitting the replacement of the old cabins substantial justice would be promoted. both to the property owner and to the public interest , and would be in harmony with the general purpose and intent and spirit of the ' Zoning Ordinance, therefore On motion of:Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that George L. - Penny, III, a/c James Mulvihill be granted permission to replace two small cabins with building #5 of 420 sq. ft. ,. _14 ft. by 30 ft. , as shown on "Detail of Camp Momoweta" by- O. Taray, dated June 13, 1961. This 'building is located 33.8 ft. from building#6 and 35. 2 ft. from building-#4. Southold Town Board of Appeals =6- June 22, 1961 This application is granted provided all local ordinances, rules and regulations are complied with. Vote of the Board: Ayes:- ' Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On motion of Mr. .Bergen, . seconded by Mr. Rosenberg, the Board set 7:30 P.M.-,, Thursday, July 6, 1961, Town,Clerk Office, . Main Road, Southold, New York, as time and place for hearing upon applbation of Florence Ziegler, Bay- Avenue, East Marion, New York, for a special exception in accordance with the' Zoning Ordinance, Article III, Section 300, . Subsection 11, for permission to erect ,and maintain a directional sign on the property of Joseph and Sophie' Cherepowich, corner of'Shipyard .Lane and Route 25, East .Marion,' New York. Vote of the Board: Ayes: - Mr. Gillispie, . Mr. Bergen, . and Mr. Rosenberg. On motirn of Mr. Gillispie, seconded by Mr. Bergen, the Board set 7:45 P.M. (E_D.S.T. ) , Thursday, July 6, 1961, Town Clerk Office, 'Main Road, Southold, New York, ,as time and place for hearing upon application of The Church of the Redeemer, . Sound and Westphalia Avenues, Mattituck, New York, for a special exception in accord- ance with the Zoning Ordinance, Article III, Section 300, . Subsection 11, for permission to erect .,and maintain a sign on the property -of James B. Wasson, southwest corner of Sound Avenue and Aldrich Lane, . Mattituck, New York. Vote of the Board: Ayes: - Mr. Gillispie, _ Mr_ Bergen, and Mr. Rosenberg.. On motion of :Mr. Rosenbergf seconded by Mr. Bergen;. the Board ..set 7:55 P.M. (E.D.S.T. ) , Thursday, July 6, 1961, Town Clerk Office, . Main Road, Southold, New York, . as time and place for hearing upon application of The 'Church of the Redeemer, . Sound and Westphalia Avenues, Mattituck, New York, for a special- exception it accord- ance with the` Zoning Ordinance, Article III, . Section 300, . Sub- section ll,, for permission to erect .and maintain a sign on the property of"Elizabeth `G. Horton, . sou th side Main Road, Peconic, New York, bounded north by Main Road: east by J. . Krupski and Klos, south by-A. , V. Drososki, and west by Grygielkb. Southold Town Board of-Appeals -7- June 22, 1961 Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On motion of Mr Rosenberg, seconded by -Mr. Gillispie, the Board set 8: 05' P.M. (E.D.S.T. ) , Thursday, July 6, 1961, Town.-Clerk -.Office, Main Road, - Southold, New York as time and place for hearing upon application of The' Church of the Redeemer,. Sound and Westphalia Avenues, . Mattituck, New York, for a .special exception in accordance with the Zoning Ordinance, . Article III, . Section 300, . Subsection 11, for permission to erect and maintain a sign on the. property of Arthur N.. Penny, north side Middle Road,.. Mattituck, New York,' bounded north by Martin Sidor, . east _by John Northridge, south .by -Middle' Road, and west by-Adelaide Tuthill. Vote of the Board: 2Ves.- Mr. Gillispie, Mr. Bergen, . and Mr. Rosenberg. On motion of Mr. Gillispie, seconded by Mr. Bergen, the Board set -8: 15 P.M. (E.D.S.T. ) , Thursday, July 6, 1961,' Town_Clerk Office, Main. Roads . Southold, New York, as- time and place for hearing upon application of The Church of the-Redeemer, Sound and Westphalia Avenues, . Mattituck, . New York, for a spe cial exception in accordance with the' Zoning Ordinance, Article III, . Section 300, . Subsection 11, for permission to erect -.and maintain a- sigh on the property of Arch and' Ann Davis, south side Peconic Bay Boulevard, Mattituck, New York, bounded north- by Boulevard, east by .J. L. Buttenfeld, south by Peconic Bay and west by C. E. - Smith. Vote of the Board: Ayes:. Mr. Gillipsie, Mr. Bergen, . and Mr. Rosenberg. The Board also received an application from The 'Church of the Redeemer for-'a sign location on the property of Della Chew, Mattituck. However, this application was returned .as the church presently has a sign location on this property. It is believed there was an error in applying for this particular -location. The minutes of the meeting of June 15, 1961, on motion of Mr. Gillispie,. srconded by Mr. Rosenberg, were approved as ,submitted. Vote of the Board: . Ayes:-- Mr. Gillispie, . Mr. Bergen, . and Mr. Rosenberg. Southold Town Board of Appeals -8- June 22, 1961 The next meeting of the Southold Town Board of'Appeals will be held 7:30 P.M. , Thursday, June 29, 1961, at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 10: 00 P.M. Respectfully submitted, A Judith T. Boken, Secretary APPR VED w Chairman Board of Appeals