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HomeMy WebLinkAboutZBA-01/31/1963 o y C= SOUTHOLD, L. I., N. Y. �l Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen �6ecij Charles Gregonis, Jr. Serge Doyen, Jr. M I N U.T E S SOUTHOLD TOWN BOARD OF APPEALS January 31, 1963 A regular meeting of the Southold Town Board of- Appeals was held 7: 30 P.M. ,, Thursday, January 31, 1963 at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert-W. Gillispie, Jr. , Chairman, . Robert Bergen, and Charles Grigonis, Jr. Absent: Mr. Serge Doyen,: Jr. PUBLIC DARING: Appeal No. 540 - .7: 30 P.M. (E.S. T. ) ,, upon application of Ralph Walty, Main and Second Streets, New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance,- Article IV, Section 400, Subsection 1 as it refers to Article III, Section 306, for permission to reduce front yard setback on -a corner lot of residential use in a business district. Locatirn of property: north side Main Street and east side Second Street, New Suffolk, New York, bounded north. by Rogers and Avent, east by Januick and Kajeski, south by Main Street and west by Second Street. Fee paid $5. 00. Southold Town Board of Appeals -2- January 31, 1963 The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attest- ing to its publication in the official newspaper and notice to the applicant. MR. RALPH Walty: I speak for it. I would like to move the second cottage closer to Main Street. I want it to be 3 feet from the line on Second Street. It will be at least 20 feet from Main Street. If I set the house any further back than 3 feet it will be in front of the porch of another house. I want to have more room for my own residence so that I will have some lain in front. (The Board discussed the matter of the setback at some length and it was their opinion the setback should be 5 feet rather than 3 feet. Mr. Walty, however, continued to disagree. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that the front yard setback line in this area is varied. In some instances there is no setback at all, the buildings are erected directly on the property line. Where the applicant proposes to move the cottage the established setback line on Main Street is 2 feet and on Secorid-.Street it varies from 0-feet to 15 feet. The Board feels that a 5 ft. setback would not be a hardship to the applicant and would be in the interest of the safety and welfare of the neighborhood. The 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; and 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 Ralph Walty be granted permission to reduce the front yard setback on his property on Second Street, New Suffolk, New York, to 5 feet. The setback on Main Street is to be 20 feet. Southold' Town .Board of Appeals " -3 January 31, 1963 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. PUBLIC HEARING:. . Appeal No. -541 - 8: 00 P.M. (E.S.T. ) , upon application of Lefferts P_ Edson, Bayview,: Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300,. Paragraph 3A, for ' permission to improve and expand .a non-commercial marina in a residential district. ' , Location of property: sotith 'side Bayview Road, Southold, New York, :bounded north by- Bayview Road, ' east. by- R. L. Hammel, south by Corey Creek and west by - James Biases. Fee paid $5, 00. 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 appl icati.on? .. LEFFERTS' P. EDSON: _I wish to bulkhead. 'the property..- . .I will still have the existing channel. This marina has been in existence since prior to zoning and in' order for me to improve the property. I must apply for a, special exception. We would not like to do any further .work until .we have it- established as a marina. MR. HOWARD TERRY: This is -the first project the County Dredge, will. do, Corey Creek. The spoils will be placed on the Bitses and Victoria property which is right next to the 'Edson property and that- is the main reason Mr. Edson wants to bulkhead his property. This is now _a non-conforming use. MR. EDSON:. All .of the. shore line of Corey Creek is privately owned except .the point that meets the road going to Laughing Waters. I have allowed neighbors to use my facility and wish to continue that use, THE CHAIRMAN: Is there anyone else present who wishes to speak in favor- of this application? Southold Town Board of Appeals -4- January 31, 1963 MR. HOWARD TERRY: I speak in favor as a neighbor. THE CHAIRMAN: Is there anyone present whowishes to speak against this application? (There was no response. ) MR. R. L. HAMMEL: I am an adjoining property owner and I do not exactly speak against. With the County coming in and benefiting property owners with the spoils they are definitely improving the property. If the County improves' Mr. Edson=s property I do not want to be left with just a tax assessment increase on my property. I think we should do this as a 'joint venture. THE CHAIRMAN: I would suggest that you speak to the Supervisor about having your property added to the project since a schedule is being followed. THE CHAIRMAN: Is there anything further? (There was no response. ) After investigation and .inspection the Board finds that at present this facility, consisting chiefly of a canal 400 ft. by 60 ft. constructed in 1949 and 1950 is of limited usefulness. It is proposed to substantially improve the docking and mooringfacilities for small boats, specifically the construction of a non-commercial marina in a residential area. The Board is of the cpinion that such a use of the property is consistent with the general welfare and in agreement with long term policies of the Town and County with regard to developing the waterfront. The owner does not contemplate development of a commercial marina but rather a place where his tenants and other neighbors may moor and dock their pleasure boats. It should be noted that a prior existing non-conforming scalloping use exists composed of local scallopers. Any substantial increase in this type of activity would be regarded as an expansion of a non-conforming business use. In granting this application it is not the intention to abolish or limit unduly the use of the facilities by local scallopers. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood aouthold Town Board of Appeals -5- January 31, 1963 property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed, therefore On motion of Mr. Gillispie, seconded by Mr. Grigonis, itwas RESOLVED that' Lefferts P. Edson be granted permission to improve and expand a non-commercial marina in a residential district with the following conditions: With the full understanding of the applicant- all commercial and/or business activity is specifically prohibited on these premises. However, in determining what constitutes a business activity the Board is of the opinion that this condition should be interpreted to distinguish possible future activities which are installed primarily for the convenience of local residents rather than for the profit of the owner. - Questions arising concerning interpretation of this condition should be referred to the Board of Appeals. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. On motion of Mr. Gillispie,, seconded by Mr. Grigonis, it was RESOLVED that the minutes of January 18, 1963 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. The Board of- Appeals received a letter of acknowledgement from Mr. Herbert Rosenberg in reply to the Board's letter of January 18,1963 thanking him for his faithful assistance and impartial analysis of -problems relating to Zoning prior to his resignation from the Board of' Appeals. On motion of Mr. Gillispie, seconded by-Mr. Bergen, it was RESOLVED that the Board renew their subscription to the planning News for 1963.. Southold Town Board of'Appeals -6- January _31, 1963. vote of, the Board_ Ayes:- Mr. Gillispie,. Mr. Bergen,. and Mr. Grigonis. The next- meeting of the Southold Town Board of'Appeals will be ..held: 7: 30 P.M. , Thursday, .February 14, 1963 at the Town. Office, . Main Road, Southold, New York. On motion of Mr. . Gillispie; seconded by-Mr. -Bergen, it,, was RESOLVED that .the Board of Appeals set 7:30 P.M. , 'Thursday, February..14, 19631 Town Office, Main Road,,- Southold, New' York, as time and place for hearing upon application of John- DeAlbertis, old Shipyard Lane, Southoldi New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1o00A, for permission to divide property into two lots each containing less than the minimum area and one containing less than the minimum frontage. . Location of property: south side'Wilmarth Avenue and north s.ide 'Wahhington Avenue., Greenport, New York, bounded north by Wilmarth Avenue, east by A. M. Tasker Estate, south by-Washington Avenue and. west by Adele E., Busso. Vote of the Board:' Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. on motion of Mr. Bergen,. 'seconded by Mr. Grigonis, _it was RESOLVED .that the Board of Appeals set 7: 40 P.M. (E.S.T. ) , Thursday, February 14, 19631, Town Office, Main Road, Southold, New York. as time and place for hearing upon application of:William H. Everts, loll South Flagler' Dr.ive,--West Palm Beach, . Florida, for a variance in accordance with the. Zoning. Ordinance,: Article III, - Section 303 and Article'X, - Section 1000A,� for permission to divide property into �two lots each having less than 100 ft. - frontage. Location of property: west side private right-of- way known as Truman Path, located on, the south side Main Road, East Marion, New York. Property .,bounded north by E. J. Pedlowe, east by Ttuman Path, south 'by Albert Vogt,, . and west by Marion Lake. vote of the Board: .yes: -Mr. Gillispie, Mr. Bergeri, . and Mr. Grigonis. Southold Town Board 'of:Appeals -7- January 31, 1963 " On motion of: Mr. Grignis," seconded by.Mr.. Gillispie, . it was RESOLVED that the Board..of Appeals set 8: 00 P.M. .(E.S.T. ) ; . - " Thursday,- February 141 1963,' Town Office, Main. Road, Southold, , New York as .time and place for hearing upon application of George L.. Pennyi Inc. , " Main -Road, Greenport, �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 for' George L.. ,Penny" Lumber, 'Inc.:.,.- on the property.of John G., .Poliwoda, south side Route 27A, Greenport, approximately 500 feet west' of Albertson Lane, Greenport, New York." Vote. of the Board:' :Ayes: -. Mr. Gillispie,. Mr.. Bergen; and Mr. Grigonis. It was further,.RESOLVED that legal .notice of hearing be published in the official .newspaper on February 8, 1963. Vote of the "Board: Ayes: Mr. Gillispie, Mr.. Bergen, and Mr. Grigonis. Meeting adjourned at 10: 00.. P.M. Respectfully submitted, �/- Judith T. Boken, Secretary