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HomeMy WebLinkAboutZBA-06/15/1961 i T Southold Town Board of Appeals S D UTH O LD, L. I., N. Y. Telephone SO 5-2680 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 15, 1961 A regular meeting of the Southold Town Board of'Appeals- was held7:30 P.M. , Thursday, June 15., 1961 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. Absent: Mr. Serge Doyen, Jr. Also present: Mr. Howard M. Terry, Building Inspector PUBLIC HEARING: Appeal No. 382 - 7:30 P.M. (E.D.S.T. ) , upon application of =Anton Petranich, Oaklawn Avenue Extension, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article IIIs . Section 303, and Article X, . Section 1000A, for per- mission to reduce area and use as a single lot property located on the east side of oaklawn Avenue Extension, . Southolde New York, bounded north by Barton Foster` east by Sarah Gagen, south by other land of Anton Petranichi and west by oaklawn Avenue Extension. Fee paid $15. 00. Southold Town Board of Appeals -2- June 15, 1961 The Chairman opaened the hearing by reading application for a variance, 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? MRS_ ANTON PETRANICH: We speak for the application. THE CHAIRMAN: I believe the application states very well your position. := Which parcel was bought first? MRS. PETRANICH: We bought both of them at the same time. I have a separate deed to each lot. They were bought in November, 1956. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was noresponse. ) The Board of Appeals finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship because applicant would be unable to secure a building permit to build on this lot without this requested variance. The lot lacks only 210 sq. ft. to comply with the 12,500 sq. ft. require- ment. The hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district because this is the largest parcel in single ownership on this side of the block. The variance does observe the spirit of the Ordinance and would not change the character of the district because the use of the proposed lot will be residential in keeping with the area. The location of the proposed dwelling will conform to the requirements of the Zoning Ordinance in all respects, therefore On motion of 'Mr. Gillispie, seconded by Mr. Bergen, it was Southold Town Board of Appeals -3- June 15, 1961 RESOLVED that-Anton Petranich be grantedpermission to reduce area and use -as a single lot property located on the east side Oaklawn Avenue Extension-, Southold, New York, bounded north by Barton Foster, east by Sarah Gagen, south by other land of 'Anton Petranich, and west by Oaklawn Avenue Extension. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 385 - 7:40 P.M. (E.D.S.T. ) , upon application of Henry Kratzket Old Orchard Lane, East .Marion , New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, for permission to reduce setback on a corner lot. Location of property: Lots 51 and 52 on map of Gardiner's Bay Estates,, East Marion, New York. Fee paid $15. 00. The Chairman opened the hearing by reading application for a variances legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE' CHAIRMAN: I have two pictures for the file which I took of the property. MR. ROSENBERG: I spoke with Mr. and Mrs. Kratzke and they . .were not aware that before they made' any change they had to secure the permission of the Gardiner's Bay -Estates 'Association. Therefore they asked that this hearing be recessed until they can secure permission to construct -the garage. Mr. Daniel Dzenkowsk i, Old Orchard Lane, East Marion, a neighboring property owner asked permission to look at the sketch appearing in the file and the photographs taken by the Chairman. Mr. Dzenkowski stated that he has no objection to the requested variance. On motion of Mr. Gillispie,- seconded by Mr. Grigonis, it was RESOLVED that hearing upon application of Henry Kratzke be recessed at the request of :Mr. Kratzke until further notice from the applicant. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals -4- June 15, 1961 PUBLIC HEARING: .Appeal No. 386 - 7:50 P.M. (E.D.S.T. ) , upon application of Walter W. and Sema Washburn, Bay Avenue, East Marion, New York, for recognition of access in accordance with State of New York Town. Law, Section 280A, Location of property: west side Bay Avenue, East Marion, New York, bounded north by M. Brown Estate, east by E. Brown, south by other land of:Washburn, and west by E. G. Radford. No fee - access. The Chairman opened the hearingby reading application for a variance, 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? MR. WALTER WASHBURN, Bay 'Avenue, East Marion, New York: I zppear for the application, I am Walter Washburn. I am request- ing access between the property of Traffica and Rackett over a 75 ft. strip of property I own -and do not intend to ever build on. (The Chairman advised Mr. Washburn of the Rules and Regulations for the Subdivision of Land. ) THE CHAIRMEN: You are requesting access to a single lot? MR. WASHBURN: Yes, to a lot 100 ft. by 186.37 ft. and the northerly most end of my property. (Mrs. Elmina Brown, Bay Avenue, East Marion asked for permission to look at the sketch of Mr. . Washburn' s' property. She Stated she has no objection to his application for recognition of access. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application'? (There was no response. ) The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship because applicant does not have access to the proposed parcel from Bay Avenue by any approved access road. The hardship created is unique and would notbe shared by all properties alike in the immediate vicinity of this property and in the same use district because at the present time this is the only interior lot in the Southold Town Board of Appeals -5- June 15, 1961 on area that. does not front/a public road. The variance does observe the spirit of .the OrdLnance and would not change the character of the district because the lot to which access is requested would be used for residential purposes in keeping with the area, therefore �On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that-Walter W. Washburn be granted r.ecognition. of access -in accordance with State of New York Town Law,` Section 280A. . .. Access is granted over a 25-' ft. road which shall run through the middle of .the 75 ft. parcel , on Bay Avenue, and the center of' the access road shall be 372 ft. from the Traffica property on the south, and 372 ft. from the Rackett .property on the north. The parcel to which access .is granted is 186.37 ft. in depth -and 100 ' ft. in width. Vote of the Board: Ayes:- Mr. Gillispie, . Mr. Bergen, .Mr. Rosenberg, and Mr. Grigonis. *X* PUBLIC HEARING: Appeal No. 387 — 8: 00' P.M. (E.D..S.T. ) , upon application of Thomas B.. Reeve, Maiden Lane, Mattituck, New York, a/c Mattituck Gun Club, Inc. , to reverse the order of •the Building Inspector requiring permit to operate a rifle range in connection with a private club. Location of property: east side Cox's Lane, Cutcl-Ogue, New York, bounded north by Mary'Doroski, east by J. Skirel,. s outh by Isidore Krupski, and west by-Cox's Lane. No fee- charged. The Chairman opened the hearing by reading application for a .. variance', 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? MR. THOMAS B. REEVE, . Mattituck, New York: I am the Secretary of the Mattituck Gun .Club. We are not going to go underground with the ranges., . but •we will have .a 30 ft. back stop. The required back stop by the N.R.A. and insurance company is 15 ft. for 100 yards, however we are going to have 30 ft. MR. ROSENBERG: Have you ever had any complaints about your present_ 'site? Southold Town Board of Appeals -6- June 15, 1961 MR. REEVE: None. MR. ROSENBERG: How many years were you there in Laurel? MR. REEVE: Eight years. MR. ROSENBERG: Are you buying this property? MR. REEVE: Yes, we have the contract of sale now. THE CHAIRMAN: Are there any other questions? MR. REEVE: In Laurel we have a sign at the entrance road which says, "Danger Firing Range. " This sign is approximately 2 ft. by 3 ft. We would like to have a similar sign at the entrance on Cox' s Lane, and also a sign at the exit road. We also have one sign 4 ft. by 6 ft. which says "Mattituck Gun Club, Rifle Range, Members Only. " That sign is located further in on the property. Probably not visible from the road. THE CHAIRMAN: We will incorporate those signs in the action of the Board. Is there anyone present who wishes to speak against this application? (There was no response. ) As a result of investigation and additional information furnished by the applicant at the hearing the Board has determined that this is a private club within the permitted uses in an "A" Residential-Agricultural District. No definition of a club is contained in our Ordinance and as is customary in similar cases we have accepted the definition as contained in Webster' s New International Dictionary. "An association of persons for the promotion of some common object, as literature, science, politics, good fellowship, etc. , especially when jointly supported and meeting periodically. " The Mattituck Gun Club is affiliated with the National Rifle Association and must meet their safety standards as well as those of the insurance companies. The range will be used by hunter safety students, the Southold Town Police and New York State Troopers. Southold Town Board of Appeals -7- June 15, 1961 The premises are located in a thickly wooded area. The range will be very well protected. The Southold Chief of 'Police has approved the site. The Cooperative Labor :Camp is the only premises in use in the area. The surrounding woods are posted. Ordinarily the issuance of a building permit is purely an administrative act: - The granting or withholding of the permit is not a matter of arbitrary discretion and when all conditions of the Ordinance are met the permit- should be issued. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that Mattituck Gun--Club, Inc. be granted permission to operate a rifle range in connection with a private club, . and the action of the Building Inspector should be reversed. The Board feels that in the interest-.of safety the applicant . should be permitted to erect two' signs 2 ft. by 3 ft. with the words "Danger, Firing Range, " at least- 35 ' ft. from the front property line, and one sign 4 ft.' by 6 ft. with the words, "Mattituck Gun Club-Rifle Ranget Members Only, " at least -35 ft. from any prop- erty line. vote of 'the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, . and Mr. Grigonis. The Board of-Appeals spoke informally with Mr. George-L. . Penny, . III, relative to Camp Momoweta at Laurel Lake, : Mattituck.. Mr. Penny stated that'Momoweta is a nice camp which has been in operation for several years by Mr. Mulvihill and has a very good reputation. The Board advised Mr. Penny that Mr. Mulvihill had erected a building without a permit two years ago, anothe3/one last year: and he is now tzy ing. to erect another building. Mr. Mulvihill had stated he assumed that Mr. Penny had secured the building permit. Mr._ Penny advised that he did apply for a permit but..was turned down and that .a variance was requested. Mr. Penny stated that there was no intention on' his part to do anything out of line. Southold Town Board of'Appeals -8- June 15, 1961 - PUBLIC HEARING: Appeal No. 374 - Upon .application of Greenport Lumber Division of George L. Penny, Inc. , Main Road, Greenport, New York, fora spe cial exception in accordance with the Zoning Ordin- ance, Article IV, . Section 408, . for permission to erect-and maintain roof sign on front extension of business building located on the south side Route 25, . (Arshamomaque) , Greenport, New York, bounded north by Peconic Bay Estates Subdivision, east by U. Sledzieski, south by Railroad, . and west by Walter Sage. Fee paid $15. 00. The 'Chairna n reopened the hearing which had been recessed from June 1, 1961, by reading the legal notice of hearing and application fora special exception. THE 'CHAIRMAN: Is there anyone present. who wishes to speak for this application? MR. GEORGE 'L. PENNY, III, Mattitucko New York: There were signs on the building before that we took down. This building had been added on to several times, and this sign is on the front extension of the part that had previously been the refreshment stand. THE'CHAIRMAN: The picture in the file shows a sign on the side of the large building .saying "windows and doors, ", there is another sign on the front of the large building which says, "sash and doors,- home owners yard. ". There is also another sign on the side of the front extension which says, " paint and hardware. " MR. PENNY: Those signs could come down. The only sign that is of annr- use to us is the one we are requesting. It is the only one thateadily noticeable when traveling either east- or west. We tried signs all over' the building and grounds and the. only one that shows up is the one that is being applied for. The other signs are just descriptive of what we carry. THE' CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) The Board finds that the public convenience and welfare and .justice will be served and the legally established or' permitted use of neighborhood property and adjacent use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of-Appeals -9- June 15,, 1961 The Board further finds that it is in the interest of the safety and welfare of the Town to permit the erection of a roof sign in thislocation because of the proximity of the business building to 'the property line, therefore On motion of. Mr. Gillispie, . seconded by Mr. Bergen, it was RESOLVED that the Greenport _Lumber' Division of George L. . Penny, Inc. be granted permission to erect and maintain a double faced sign .4 ft. by 12 ft. . on the .roof .of the front extension of the business building now operated by. George L. Penny, Inc. on the south- side Main Road near the railroad overpass, . (Arshamomaque) , Greenport,, New York. It is understood that this permission is revoked unless all of the remaining signs on the building are removed by the 15th of July, 1961. It is further understood that this permission applies only to the Greenport .Lumber' Division of George'L. Penny, Inc. and that this action does, not-,affect �the right of the appli- cant to erect .a conforming ground sign at least 5 ft. from any property line on the easterly side of the building. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. - Rosenberg, and Mr. Grigonis. The minutes of the meeting of'June 1, 1961, on motion of Mr. Gillispie, seconded by Mr. Bergen, were approved as submitted. Vote of the Board: Ayes:- Mr. . Gillispie, .Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The minutes. of the meeting of June 13, 1961, on motion of Mr. Gillispie, seconded by Mr. Rosenberg, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, - Mr.. Rosenberg, and Mr. Grigonis. The Board of Appeals, received a letter from Mr. Martin Suter, Secretary of the Mattituck Fire Department requesting permission to post 'and display temporarily approximately 50 posters advertising the annual bazaar in the Mattituck area. - Southold Town Board of'Appeals -10- June 15, 1961 The posters would be displayed from .June 19 to July le, 1961. On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Board of 'Appeals grants permission to Martin Suter, .. Secretary, .Mattituck Fire'Department, tD place approximately 50 posters, 15 inches by 30 inches,, on the Main Roads and in stores in the Mattituck Fire District on June 19, 1961 to the loth of, July, . 1961,. a period of approximately 22 days. These posters will advertise a bazaar to -be held from July 4th to July 8th, 1961. In the letter. requesting permission by Mr. Suter it was agreed to remove these posters as soon .as possible after July 10, 1961.' It is believed this is• in the public .interest. It .is specifically forbidden to place these posters on utility poles or on private property without permission. Vote of the Board: A yes: 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; June 22, 1961, Town Clerk` Office, Min Road, . Southold, New York. The Board, on .Motion of Mr. Bergen, . seconded by Mr. Grigonis, set 7:30 P.M. , Thursday, - June 29, 1961, Town Clerk Office, Main Road, Southold, New Yorkr as time and place for hearing upon application of Harold R. . Reeve & Sons, Main . Street, Mattituck, New York, a/c John and Marie Kloppenberg, Cedar Lane, Mattituck, for recognition of-Access in accordance with -State of New York Tbwn Law, Section . 280A. Location of property: north side Cedar Lane; Mattituck, New York, bounded north by Muttitt, east by Suter, south by Cedar Lane, and west by Demchuk .and Jakowski. It was further 'RESOLVED thatlegal notice of hearing be published in the official newspaper under date of' June 23, 1961. Vote of the Board: Ayes:- ' Mr. Gillispie, Mr:'" Bergen, . Mr. Rosenberg, and Mr. Grigonis. APM�e adjourned at 10:45 "P.M. Res ectfully` submitte , udith T. . Boken, . Secretary -Chaff an Board of Appeals