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Home My WebLink AboutZBA-04/20/1961 FFO(t`,G o An Southold Town Board ofAppeals 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 I E S . -SOUTHOLD TOWN-BOARD OF APPEALS April 20, 1961 A. .regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. , Thursday, April, 20, 1961 at .the" Town Clerk -office, . Main' Road, Southold, New .York. There .were present; Messrs.. Robert W. -Gill.ispie, Jr. , Chairman, Robert Bergen; and, Herbert Rosenberg., Absent: Messrs. Charles Grigonis, .Jr. , . and Serge- Doyen, Jr. Also present: Mr. Howard Ferry, Building Inspector PUBLIC. HEARING: Appeal No. 353 - 7:30 P.M. (.E..S.T. ) , upon application. -of-Eugene Mazzaferro, a/c°Catholic War Veterans,. Post .No. 730, Greenport, . N01.4 York, fora ariance in accordance with the Zoning -Ordinance, Article- II-, -Section 202, for permission to operate a temporary -amusement -.enterprise in an "rA" Residential and Agriaultural District. Location of . property; east.:side Moore's'Lane, Green-port, New York, bounded. north .by Village of Greenport Municipal Light Plant., east .by-A. Herzog, ,Sr. and, Leo. 'Sledj eski, South .by H. L. Kalin, and A. Herzog., Jr.. , and west-by-Moore's Lane. No fee .required. Southold Town Board of Appeals -2- April 20, 1961 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 CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WILLIAM HEANEY, Greenport, .New York; I am Commander of Catholic War Veterans Post No. 730, Greenport, and I appear in the absence of Mr. Mazzaferro. I wish to state that the environs of Greenport. are limited for a function of this sort. We did have the use of the same site for previous years and we feel this application should be granted because we abided by all -of the regulations, cleaned up the property and satisfied the people in the area as to the way we handled the affair. MR. TERRY, Building Inspector: I would like to point out that this property is in the process of being rezoned to "B" Business District. However, I don't know whether it .will be completed before the time of the project and applicants should. be granted this variance so they, will be covered. 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 would like to speak against this application, (There .was no response. ) THE CHAIRMAN: This has been granted for two or three years and I have never heard .any objection to it. It has always been handled well. Resolution was offered by Mr. Gillispie, seconded by Mr. Rosenberg, WHEREAS application of Eugene Mazzaferro, a/c Catholic War Veterans Post #130 having been considered at Public Hearing No. 353 on .April 20, 1961, and the Board finding that the strict application of the ordinance would produce undue hardship because without approval of the Board applicant would be unable to conduct thid temporary amusement enterprise which has been conducted for many years on the opposite side of the street. Last year appli- Southold T own Board -of. Appeals -3- April 20, 196.1 cant was granted this same permission by the Board. The situation is unique and 'would not be shared by all properties alike. in the immediate vicinity because this lot is situated next .to the municipal light plant -where utilities are available and .parking will be pro- vided on a municipal lot. 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 this lot .is located adjacent to the municipal light plant, across the street from. the baseball fields, near-a business area and part of the property is used for a florist shop business, therefore be it RESOLVED that _the application be granted for permission to operate' a temporary amusement enterprise on the condition that the Catholic War Veterans Post.#730 be responsible for restoring the property. to its original condition. Vote .of the Board: Ayes;- Mr. Gillispie,. Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: Appeal No. 354 - 7:45 (E.S.T. ) , upon appli- cation of Fanning & Housner, 209 Fishel Avenue, Riverhead, New York, for a special exception . in accordance with the Zoning Ordinance, Article IV, Section -400, Subsection 9, for permission to use premises as a public garage in.-connection with the sale and service of farm machinery and equipment. Location -of property: northeast corner of Railroad Avenue and Middle Road . '(County Route 27A,) Southold, New York, bounded north by Gagen, east .by Gag.en, south by Middle Road ( County Route 27A) , and west by Railroad Avenue. 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. THq CHAIRMAN: Is there anyone present who wishes to speak for this application? ISADORE SCHEINBERG., ESQ,. , 220 Roanoke Avenue, Riverhead, New York: I appear on behalf of the. dpplicants, Fanning & Housner. THE -CHAIRMAN: I think the application states very well the Southold Town Board of Appeals -4- April 20, 1961 proposecase and history of the property, which has been unfortunate in the past years. , MR. SCHEINBERG: What I have to say is practically all written in the application and I might add very little. You are all familiar with the facts. The type of business we are asking to establish has been the use many years before the ordinance was adopted and is even less obnoxious than Crabtree & O'Keefe because there would not.be as much traffic as in the sale of automobiles. I have a lease here which I would like to have the .Board examine. It limits the use of the premises for the sale and service of farm machinery. THE -CHAIRMAN: Is there anyone else who wishes to speak for the application? MR. WILLIAM H. HOUSNER, partner -of Fanning & Housner, Riverhead, New York: I ,wish to state that Lockwood Grader-Corporation is a substation corporation and I have been . familiar with their harvester which has been out.. in this territory for five or six years. There are as I understand 102 machines here at the present time. Very large. machines. A piece of machinery which digs potatoes, which goes into the ground, requires a great deal of service. I believe the Lockwood Corporation will run a neat plant both inside and outside and be an .asset to the Town. THE CHAIRMAN; You -are going to sell and. service Lockwood .potato harvesters? MR. GORDON BISHOP, Representative of Lockwood.- We will be handling warehouse material or equipment also. Graders, belts, and so forth. XThe Chairman discussed with .Mr. Bishop the type of equipment, cost .and work :capacity. of the machines. ) THE CHAIRMAN: Will you be taking things in trade:? 'MR. BISHOP: Possibly. THE CHAIRMAN: One of the things we are concerned with is the accumulation of junk. I suggest .that if this is granted that you dispose of any junk as fast-as you can, because the- situation here as far . as junk yards is concerned is very bad. Southold Town Board of Appeals -5- April 20, 1961 Is there anyone else present who wishes to speak for this application? (There was 'no response.) THE CHAIRMAN: Is there anyone- who wishes to speak against , this application? (There was no response. ) MR. ROSENBERG: Inadvertently there has been a little confusion here. The only reason we ask you to apply for a public garage is because Mr. Gillispie; from his own experience. as a farmer, knows you might wish to buy-'a truck or some machinery from a- farmer and that . is the only reason we ask for a public garage permit. We will impose most- of the same conditions as in the Crabtree and O'Keefe application. Resolution was offer--ed by Mr. Gillispie, seconded by Mr. Rosenberg, WHEREAS application of Fanning: and Housner having been .. considered at Public Hearing No. 354 on April 20, 1961, and the Board finds the following: This application is in effect. a reinstatement ,of a former permit for a public garage and permissive use of the front yard for display of farm machinery. The former special exception and variance were valid for the use of Crabtree ,& O'Keefe, an auto- mobile agency, and. the new tenant will use the building for which it was designed and used for many years. 'The following -conditions are imposed upon this application: 1. No major repair work shall be performed in the open. 2. All fuel, oil or similar substances shall be stored at least fifteen (1.5) feet distant from all street or lot lines. 3. Signs to be in accordance with Article IV, Section 408 of the Building Zone Ordinance of the Town of Southold. A. Premises shall notbe used for gasoline service station .purposes. It is the determination of the Board of Appeals that; Southold Town Board .of Appeals -6- April 20, 1961 (1) The proposed use will not prevent the orderly and, . reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located and will not prevent the legally -established use in the residential use dis- trict ,adjacent thereto. (2): The proposed use will not prevent the orderly and reasonable use of adjacent properties and .of properties in the adjacent use district. (3) The safety, health, the welfare, the comfort, and the convenience or order of the Town will not be adversely affected by the proposed usd and its location. (4) The use will be in harmony with. .and promote the general purposes and intent of the ordinance. Accordingly this application is granted to Fanning & Housner for permission tp use premises as a public garage in. connection with the sale and service of farm machinery and equipment with the aforementioned conditions during the occupancy by Lockwood Grader Corporation. Vote of the Board: Ayes: - Mr. Giliispie,. Mr. Bergen, and Mr. Rosenberg. PUBLIC HFARING: Appeal No. 355 - 8: 15 P.M. (E..S.T. ) , upon application of Fanning & Housner, 209 Fishel Avenue, Riverhead, . New York, for a variance in accordance with the Zoning, ordinance, . Article IV, Section 404 and 405, for permission to reduce front yard. Location of property: northeast corner of Railroad Avenue and Middle Road, (County Route 27A) , Southold, New York, bounded north by Gagen, eaktby Gagen, south by Middle Road .(County Route 27A) , and west by Railroad Avenue. Fee paid. $.15. 00. 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? Southold .Town Board of Appeals -7- April 20, 1961 ISIDORE ,SCHE.INBERG, ESQ. , 2.20 Roanoke Avenue, Riverhead, New York: I speak for the application. THE; CHAIRMAN: This application refers specifically to the varying of th-e Ordinance with the use of the property closer than the minimum permitted. MR. SCHEINBERG* This matter was discussed last;aune when we applied for a variance, the same as the present one, for the display of -automob.il-es by:Crabtr.ee & O'Keefe, and we ask that you grant . the same variance that ,was granted. last time,but not grant. it to any particular company. MR. ROSENBERG: We cannot do that. If it is granted for 5 ft. and the tenancy is terminated and someone else comes in there that -might wish to display furniture on the front of the property, how would that look? Therefore we are willing to grant it to the tenancy for which the lease is now issued. MR. SCHEINBERG: The reason I do not like to name a name .is we are going back into the business of farm machinery, a use the building was used for originally. Possibly Fanning & Housner will have another tenant.after Lockwood -Grader and then they .would have to ..come in here again for another spe cial exception and variance. IMR. ROSENBERG: We must be .assured that the tenant_ that will be in there is a proper tenant and will not harm the Town of Southold. Mr. and, Mrs. Housner would be the first ones to object to someone using the property in a way that would be improper. THE CHAIRMANt 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 no response. ) Resolution was offered by Mr. Gillispie, seconded by Mr. Bergen, WHEREAS. Application No. 355 having been considered at a Public Hearing on April 20, 1961, and the Board finds that strict application of the. Ordinance would produce undue hardship Southold Town Board of .Appeals -8- April 20, 1961 because the buildings on the premises were erected prior to the enactment :of the Zoning Ordinance for the sale and service of farm machinery or. equipment and .cannot operate without- the open display of farm machinery and equipment -.as close to the property line as possible. The hardship _created is unique and would not .be shared by'-all properties alike in the immediate vicinity and in the . same use district because the business buildings on the premises- were designed for the sale and service of farm machinery and -equipment and are of no use unless this variance is granted. The variance does observe the . spiri,t o.f the .;Ordinan:ce and will not. change the character -of the district because the premises are in a : "B" Business District, and an automobile service station is located diagonally .across the street. Further the garage and show room building, is already on the land . and a public garage and auto- mobile service station is specifically permitted in the-. "B" Busin-ess District-when .approved .as a special exception. The .Board of .Appeals 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 wauld not be substantially or permanently injured and the spirit of the Ordinance would be observed, therefore be it RESOLVED that a variance be granted with .the provision that :.no agricultural machinery. or implements be parked, .exhibited or stored for commercial purposes on the westerly side of the exist- ing business building exception the unoccupied .28 ft. side yard of the main building and not. closer than 10 ft. to the existing dwelling and .not closer than 10 ft. to the Railroad .Avenue property line. On Middle Road.. 'otherwise known as Route 27A, no -agricultural machine ry or implements to be parked, . exhib.-ited or ' stored for - commercial purposes closer than 5 ft. from the property line on . the front yard .along the entire 2.44.85 ft. of the premises.. This. variance is granted for the . duration. .of the occupancy of the premises by Lockwood Grader Corporation of Gering, Nebraska.. The Board finds that the undue hardship relating to the front yard setback .is a very real_ one in the type of business which seems best fitted for. this building and agrees that the _business buildings on these premises were particularly designed for the sale andservice of agricultural -equipment. The Board further finds that the use of this property by Lockwood Grader Corporation for the purposes outlined in the application will .not change the character oEthe neighborhood. .Southold Town Board of Appeals -<9- April 20, 1961 Vote of the Board: Ayes: ,Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The Board informally discussed proposed sign. applicatiors to be made by-F. C. Bernhardt who has purchased the Duck Point Motel in Cutchogue. Mr. Bernhardt .intends to change the name of the motel to Bernhardt' s Shore Motel and Restaurant .and 'will apply to change the present Duck Point signs to correspond. Mr. Terry advised the Board that Mr. Joseph Droskoski had notified him that the Rev. Alphonse Cizmowski of Our :Cady of :Qstrabrama Church, Cutchogue, wished to discontinue his appli- cationfor a special -exception to exect -.a directional sign on the property of 'Kujawski, Bay Avenue .& .Leslie Road, Cutchogue. On .motion of Mr. Bergen, seoonded by Mr. Rosenberg, it-was R ED ESOLV that Appeal No. 352, . application of Rev.. .-Alphonse -Cizmowski, Our Lady of Os,trabrama Church, for.:a .special exception, be discontinued .without prejudice. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by -Mr. Bergen, seconded by Mr. Rosenberg, setting 7: 30 P.M. (E.D.S.T. ) , Thursday, May 4., 196.1, T)wn Clerk .Office, Main Road, Southold, New York, as time and place for hearing .upon application of Townsend Manor Inn, Main Street, Greenport, New York, for a special exception in accord- ance with the Zoning-Ordinance, Article III,. Section 300, Sub- section 11, for permission to erect and maintain directional sign on the. property of Nassau Brick Company, south side Route 25, west of Silvermere Road, Greenport, New York. Vote .of the Board: Ayes;- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. Rosenberg, seconded by Mr. Bergen, setting 8: 00 P.M. (E.D...S.T. ) , Thursday, May 4, 1961, Town .Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Fishers Island Farms, Inc. , a/c Charles B. Ferguson, Fishers Island, New York, for a special Southold Town Board of Appeals -10- April 20, 1961 exception in accordance with the Zoning Ordinance, Article X, Section .1007{ - Subsection (e) , for permission to enlarge a non- conforming building. Location of property: intersection of Montauk Avenue and Crescent Avenue, Fishers Island, New york, bounded north .by Robert Anthoine, east by Crescent Avenue, south by Montauk. Avenue, and west by Andrea .Stefanini. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. It -was further RESOLVED that legal notice. of hearings be published in the official newspaper under date of April 28., 1961. vote of the Board: Ayes:- Mr. Gillispie, Mr.. Bergen, . and Mr. Rosenberg. The minutes of the meeting ,of April 6, 1961, on. motion of Mr. Gillispie, secondedby Mr. Bergen, were approved -as submitted. Vote of the Boards Ayes:- Mr. Gillispie, Mr. Bergen, and ,Mr. Rosenberg. The next regular meeting of. the Southold Town Board of Appeals will be held 7:30 P-.M. , . Thursday, May 4, 1961, at the Town Clerk office, Main Road, Southold, New York. The Board of Appeals will meet with the Southold. Town Board,, Southold Town Planning Board in a Joint Meeting, on Wednesday, .April 26, 1961, at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned .at 10: 20 P.M. Respectfully submitted, 4A I Judith T. Boken, 1 Secretary r ' � oard of Appeal