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HomeMy WebLinkAboutZBA-03/14/1963 1 ! 1 �oc��FFOLK�OG S0UTH0LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairmen Robert Bergen IdrerlSeat--Re� Charles Gregonis, Jr. Serge Doyen, Jr. M I N U T E S SOUTHOLD TOWN BOARD OF APPEALS March 14, 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. , Thursday, March 14, 1963 at the Town Office, Main Road, Southold, New York. There were present: Messrs, Robert W. Gillispie, Jr. , Chairman, Robert Bergen, Fred Hulse, Jr. , and Charles Grigonis, Jr. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 548 - 7: 30 P.M. (E.S.T. ) , upon application of Robert H. Preston, 2 Middleton Road, Greenport, New York, a/c Sterling Harbor Marina, Inc. , 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 Augustus Straussner, corner of Soundview Avenue and North Road, Greenport, New York, bounded north by Joseph Brandi, east by Sound Avenue, south by Main Road, and west by Augustus Straussner. Fee paid $5. 00. r Southold Town Board of Appeals -2- March 14, 1963 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 notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT PRESTON: I do. THE CHAIRMAN: There is no question that you need a directional sign, but you will not be permitted all the wording you request. Much of that is advertising and this is supposed to be a directional sign only. How is Chappy's Restaurant connected with the marina? MR. PRESTON: Chappy is a partner in Sterling Harbor Marina, Inc. and his part of the job is to run the restaurant. THE CHAIRMAN: Is the Tex a partner also? MR. PRESTON: No, the Tex just leases a berth. THE CHAIRMAN: The wording which will be permitted is: "Sterling Harbor Marina, Right Turn - Second Road, Chappy's Restaurant, Open & Charter Boats. " You request a 4 ft. by 8 ft. size but we have in the past been granting 4 ft. by 6 ft. It is understood however, that the size for a directional sign may be set at 4 ft. by 8 ft. in the near future, therefore I believe in the action of the Board we will require a 4 ft. by 6 ft. sign based on the Planning Board' recommendation to the Town Board on the size. If they decide--, on 4 ft. by 8 ft. you may have a 4 ft. by 8 ft. sign. MR. PRESTON: That is o.k. with me. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Are there any other questions? (There was no response. ) Southold Town Board of Appeals -3- March 14, 1963 After investigation and inspection the Board of Appeals . finds, that Sterling Harbor' Marina-r., and Chappy's,,Restaurant is in , . need of a directional .sign, : in fact. they do. not' have any directional signs at present. . 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 adjoining use districts will not .be _permanently or substantially injured and the spirit of the ordinance will be observed.. On -motion of.Mr. .Gillispie, seconded by.Mr. Hulse it,was RESOLVED that Sterling Harbor Marina be granted permission to erect and maintain a directional sign on the property of Augustus Straussner, corner of' Soundview Avenue and North.Road, Greenport, New York. This sign shall be located at least 5 ft. from any property line, 3 ft. above- the ground level and the upper edge shall be no higher than 15 ft. 6 in. Wording. on the sign shall. be: "Sterling Harbor Marina, Right - turn -.Second"Road,. Chappy's Restaurant, Open and Charter Boats. " The size of this -sign shall be 4 ft. by 6 ft. unless' the Planning Board recommends to the Town Board .that 4 ft.X 8 ft. shall be the size of a directicn•al sign. ** . See below Vote of the Board: "Ayes:-- Mr. Gillispiei Mr. Bergen, Mr. Hulse. (**On March 19,, 1963. the Southold Town Planning Boardrecammended to the Town Board that' Article' III, . Section, 300,. Subsection 11 be . , amended and the sign size was specified as 4 ft. by 8 ft. ) PUBLIC HEARING: Appeal No. 549 - 8: 00 P.M. (E.S.T: ) , up on •application of R. G. Terry, Jr. , - Southold, New York, . a/c Flora F. Lesser, 20 East 74th Street, New York City, New York, for a variance .in accordance with the Zoning Ordinance, Article Article X, Section 1000A, III, Section 303 and'Section 307, . and Southold Town Board .of Appeals -4- March 144 1963 for permission, to reduce. frontage and side yard of a multiple , residence in the "B" Business District. Location of property: south side Main Street, . Southold, New York, bounded north by Main Road, " east by Paul L. Diefenbacher, ,south by Downs Estate 'et al, and west- by other land of Flora F. Lesser. Feepaid $5. 00. The Chairman opened the hearin g. by reading application for a variance, legal notice of- hearing, affidavit attesting to its publication in the official newspaper-.and notice to the applicant. THE CHAIRMAN: Is there anyone-present who wisYies to speak for this application? R. G. TERRY, . JR I. speak, as attorney :for- Flora F._ Lesser. - MR. BERGEN: How will. 'this additional land enlarge the parking area? MR.. TERRY: It-will give greater clearance for the existing area.. Also they will be able to,park a few additional cars in 1 . the rear. (the Board discussed with -Mr. Terry the manner in which, the parking lot will be enlarged with relation to the Boxwood Apartments. ) . MR: . TERRY; By taking 30 ft. from the west side of the Boxwood Apartments property they will still have a 42 ft. side yard on the east and 11 ft.. side yard on the ,west. THE CHAIRMAN: I think. it- should be- clear that the apartment house .cannot be sold, if .the time should come, without at least 100 ft. frontage. MR. TERRY: . That is understood. _ THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) . After investigation .and inspectirn the Board finds ` that in order for the applicant to enlarge the parking facilities for the supermarket adjoining the apartment house property ,it: will be necessary to reduce the westerly side yard ,area of the apartment. Southold Town Board of Appeals -5- March 14, 1963 house property to 11 ft. This will provide an additional 30 ft. o:t parking area for the supermarket. The Board feels this is a suitable arrangement and will aid in preventing traffic hazards and congestion. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; 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; the variance does observe the spirit of the Ordinance and would not change the character of the district. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that R. G. Terry, Jr. , a/c Flora F. Lesser be granted permission to reduce the frontage of the "Boxwood Apartments" property to 85.15 feet and the westerly side yard to 11 ft. to provide an additional 30 ft. of parking area for the "Bohack Supermarket" to the west. This property is all owned by Flora F. Lesser. The granting of this variance to increase the parking area should not be construed as providin g the basis for disposing of these two parcels based on the newly permitted dimensions. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes of February 28, 1963 be approved as submitted. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. The next meeting of the Southold Town Board of Appeals will be held 7: 30 P.M. , Thursday, March 28, 1963 at the Town Office, Main Road,: Southold, New York. On motion of Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 7:30 F.M. (E.S.T. ) ,. Southold Town Board of Appeals -6- March 14, 1963 Thursday, :March 28, 19631 Town ,Office,_ Main Road,- Southold, , New York as time and place for,.hearing upon application of Joseph Diaz, a/c Nelson Beebe, Wilmarth Avenue, Greenport, New York, - for a special exception in accordance with the Zoning Ordinance, Article III,, Section 306, for permission to reduce front yard setback to 25 ft. on a corner lot. Location of property: north side,Wilmarth -Avenue -and east side Madison Street, Greenport, New York, bounded mrth by. G. Smith, east by William Skrezec; south by Wilmarth Avenue, and west by Madison Street. Vote of the Board: Ayes:- Mr. Gillispie,. Mr. Bergen, Mr. Grigonis,. and Mr. Hulse. On motion of Mr. Grigonis,. seconded by Mr. Hulse, it. was RESOLVED that the Board of Appeals set 7: 415 P.M. (E.S.T. ) r. Thursday, . March 28, , 1963, Town Office, Main Road, Southold, New York as time and place for' hearing upon application of Jennie A. Horton, Main Road, - Cutchogue, New York, for a variance in accord- : ance with the Zoning Ordinance, Article. III,-. Section' 303 and Article' X,.. Section 1000A. for' permission to set off a lot with 75 ft. fontage and reduced area. Location of property: . east side Alvah's Lane, Cutchogue, New York, bounded north by Mildred Hortoni east by Louis T. Verderese, south by, other land of Jennie Horton, and west by .Alvah's Lane.l . Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Grigonis and Mr: Hulse. On motion of Mr. Hulse, seconded by- Mr. Bergen, - it was RESOLVED that the Board of: Appeals set 8­ 00 P.M. (E.S.T. , Thursday, . March. 28, 1963, Town °Office, Main Road, Southold, New York as time and place - flor. hearing upon application of Robert .J. Wheeler, Boisseau: Avenue, Southold, New York, for a special, exception in accordance with the .Zoning Ordinance,- Article IV, Section -400, Subsection 9,, for permission to erect .a public station on the north side Middle garage and automobile service Road (Route 27A) ,- S0uthold,. New- York. Property bounded north by H. E. Tuthill, east by Muriel Tait, south by Middle Road ( Route 27A) ; and.west by David Driscoll. Vote of the Board: Ayes: - Mr. Gillispie,: Mr. Bergen, Mr. Grigonis and Mr. Hulse. Southold Town Board of Appeals -7- March 14, 1963 On motion of Mr. Bergen, seconded by Mr. Grigonis it was RESOLVED that the Board of Appeals set 8:30 P.M. (E.S.T. ) , Thursday, March 28, 1963, Town Office,. Main Road, Southold, New York as time and place for hearing upon applicati of Basil D'Emo, CommIssioner, Cutchogue, a/c of the Cutchogue- New Suffolk Park District, Nassau Point Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback on a corner to 15 ft. on each street. Location. of property: south side Bay Avenue and east side Nassau Point Road, . Cutchogue, New York, known as "Causeway Beach. " Vote of the Board: Ayes; - Mr. Gillispie Mr. Bergen,.. Mr. Grigonis and Mr. Hulse. It was further RESOLVED that legal notice of hearings be published in the official newspaper on Friday, March 22, 1963. Vote of the Board: Ayes: - -Mr. Gillispie, Mr. Bergen, Mr. Grigonis and Mr. Hulse. Mr. Howard Terry informally discussed with the Board the property of Angelo Petrucci, south side Bay Avenue, Cutchogue. Mr. Petrucci wishes to build a private garage to store and repair his equipment and his property is non-conforming business. Mr. Terry also discussed the property of Allan Besch, north side Sound Avenue and south side Hamilton Avenue, Mattituck. Mr. Besch has located a former accessory building -on his property and now wishes to convert it into a dwelling on undersized frontage. The Board forwarded a letter to the New'. York State Federationt of Official Planning Organizations regarding their opposition to a bill sponsored by the .Town of . Southold in the legislature for the regulation of house trailers. The Board advised that the organization should have consulted the sponsors of the .bill before opposing it. Meeting adjourned at 10: 00 _P.M. Respectfully submitted, - � eac P i�r Judith T. Boken, . Secretary