Loading...
HomeMy WebLinkAboutZBA-07/03/1963 s Gy S0UTH0LD, L. I., N. Y. �1 Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U T-E S SOUTHOLD TOWN BOARD OF APPEALS July 3r 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. , Wednesday, July 3, 1963, at the Town Office, Main Road, . Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr. r._ Chairman, Robert Bergen, ' and Fred Hulse, Jr. Absent: Messrs... Charles Grigonis, Jr. , and Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 581 - 7: 30 P.M.. (E.D. S.T. ) , upon application of North Fork -Shipyard, Main 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 a roof (ridge) sign on a restaurant building. Location of property: north side Main Street, New Suffolk, New York, bounded north by M. G. Wuerstein, east by Peconic Bay, south by John W. . Mackay, and west by First- Street. 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. Southold Town Board of Appeals -2- July 3, 1963 THE CHAIRMAN: Is there anyone present- who wishes to speak for this application? (There was no response. ) (The Board discussed the proposed location of the sign. All agreed that it seemed to be the best location since there are buildings and boats that would obstruct the view of a sign from any other direction. ) 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 applicant operates a business which is located on the water and setback some distance from the road. This restaurant building is not completely visible from the road because of the buildings and boats located on the property. He therefore wishes to locate a sign on the ridge of the roof, 2 ft. by 20ft: designating the name of the business, "Galley Ho.'.Restaurant. " This would be a double faced sign making it visible from the water also. 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 ahjoining -use districts will not be permanently or substantially injured and the spirit of the ordinance will be observed. on motion of Mr. Hulse,. seconded by Mr. Bergen, it was RESOLVED that North Fork -Shipyard,. Main Street, New Suffolk, New York, be granted permission to erect- and maintain a sign on the roof ridge of their restaurant building. This sign will be double faced, 2 ft. high by 20 ft. in length, with the wording . "Galley Ho Restaurant. " vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse.- o Southold Town Board of Appeals -3- July 3, 1963 PUBLIC HEARING: Appeal No. 582 - 7:45' P.M. (E.D.S.T. ) , upon application .of. Estelle- K. Comes,. Cutchogue, Sidney B.. JQnes, Flanders,,.. and Arthur M. Olsenr.. Cutchogue, New York, 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 insufficient frontage (75' ft. ) and. insufficient area. . Location of property: e/s Westview Drive, Mattituck, New York, bounded north by A. F. Heimink, east by R. Sherwood, south by Margaret- Moore and west by- yFestview Drive. Fee paid $5. 00. The Chairman opened the hearing 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 wishes to speak for this applicat ion? WALTER GEORGE KAPP .6ESQ. : I am the attorney for the appli- cants. The lots on the whole street are the same size with the exception of one. Each of the proposed lots will be75 ft. by approximately 135 ft. (The Chairman asked Mr. Kapp if the pictures appearing in the file were of the property in question and -he said they were. ) 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 parcel in question, 150 ft. on Westview Drive and 135 ft. in depth, was purchased prior to the enactment of the Zoning Ordinance with the intention of using the property as two separate. ,parcels. The parcels are lots 83 and 84 on the unfiled map of: "Westview. " Practically all of the lots on both sides of Westview Drive have 75 ft. frontages and a similar application was .granted on the same side of the street and same block previously. The Board finds that strict application of the Ordinance will produce practical..difficulties or unnecessary hardship; the hard- ship 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 will not change the character of the distr. ict. Southold Town Board of Appeals -4- July 3, 1963 On motion of Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that Estelle K. Comes, Sidney B. Jones and Arthur N. Olsen be granted permission to divide property located on the east side Westview Drive, Mattituck, New York, into two:zeparate parcels, each having 75 ft. frontage and 135 ft. in depth. These parcels may be identified as lots 83 and 84 on the unfiled map of "Westview". The Board .recommends against any future reduction of side yard requirements below the minimum of 10 ft. and 15 ft. as specified in the Ordinance. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: 7ppeal no. 583 - 8: 00 P.M. (E.D. S.T. ) , upnn application of Robert F. Tuthill, a/c George C. & Muriel Graham, Nassau Point Road, Cutchogue, New York, for a variance in accord- ance with the Zoning Ordinances Article III, Section 300, Subsection 7, for permission to erect an accessory building in the front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York, Lot No. 68 on Nassau Point Club Properties map, bounded north by Ridvan Gogen, east by Peconic Bay, south by Ridvan Gogen, r and west by Nassau Point- Road. Fee paid $5. 00. The Chairman opened the hearing 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 wishes to speak for this application? MR. ROBERT TUTHILL spoke for the application and identified pictures of the property which appeared in the file. He also indicated the proposed location of the playhouse in the pictures. THE CHAIRMAN: Would this building be convertible to a garage? MR. TUTHILL: No. In fact, they are talking of building a separate garage in the future. Southold Town Board of Appeals -5- July 3, 1963 THE CHAIRMAN: Are there any other playhouses on Nassau Point? MR. TUTHILL: I know of two others off hand. If they are still there I do not know. I helped build them sometime ago. 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 there is a practical difficulty involved if the proposed playhouse were to be placed in the rear yard, as all the houses along this road are so placed that an accessory building must be located on the road front. This house is located on the bluff overlooking Peconic Bay. There are accessory buildings on other property in the area located in the front yard area. 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; and the variance does observe the spirit of the Ordinance and will not change the character of the district. r On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Robert F. Tuthill, a/c George C. and Muriel Graham be granted permission to erect a playhouse in the front yard area at least 100 ft. from Nassau Point Road and at least 5 ft. from any side property line. This property is located on the east side Nassau Point Road, Cutchogue, New York. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 584 - 8: 15 P.M. (E.D.S.T. ) , upon application of Robert Bransfield, 4 Manhasset Avenue, Selden, New York, for a special exception in accordance with the Zoning Ordinance, ,article III, Section 306, for permission to reduce the front yard setback on a corner lot to 10 ft. on one corner. ue and Location of property: sout�wNost cor115ner of seon onmap ofcpeconicnShores Noll2. Road, Peconic, New York, Lo .. Southold Town. Board of Appeals -6- July' 3, 1963 Property bounded north by Second.Avenue, east by Mill Road, south by- Norbert -V. Mullio,. and west by Millie Bailey.. 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 application? MR.. ROBERT BRANSFIELD spoke in favor of the application. THE CHAIRMAN: Would you have- any -objection to placing the house 5 ft. from the southerly line, that would give you a 15 ft. setback from .Second Avenue. MR. BRANSFIELD: I would have no objection at all. THE CHAIRMAN: When did you buy this lot? MR.. . BRANSFIELD: Last month. THE CHAIRMAN: Who owned it before? MR. BRANSFIELD: The people who owned it had a house on it that burned down about 20 years ago and they have had it all- this time. 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 this is a single lot 45 ft. by 100 ft. established many years prior to the enactment of the Zoning Ordinance. To deny this applicant a building permit would in effect deny him the- use of' his property. It. is believed that a reduction to 15 ft'. in the front' yard setback would be reasonable in this area since several other properties are built upon close to the front property line. Southold Town Board of Appeals -7- July 3, 1963 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 s%pir.it of the Ordinance will be observed. On motion of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Robert J. Bransfield be granted permission to reduce the front yard setback on a corner lot located on Second Avenue and Mill Road, Peconic, to 15 ft. on Second Avenue. The setback on Mill Road shall be 40 feet and from the southerly side line 5 feet. The setback from the westerly line shall be 25 ft. as requested. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 567 - Upon application of Mortimer G. Conkling, Sterling Road, . Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Artsagcle III,. Section 307, for permission to reduce the westerly side yard setback at the northwest corner by 11 inches. Location of property: south side Sterling Road, Cutchogue, New York, part of Lot No. 150 on map of Nassau' Farms, bounded north by Sterling Road, ­east by Van Der Beek, south by Searing and Overton and west by Senko. Fee paid $5. 00. This hearing had been recessed from May 23, 1963. The Chairman reread the legal notice of hearing, affidavit attesting to its publication in the official newspaper and minutes of the meeting of May 23, 1963 pertaining to Appeal No. 567. THE CHAIRMAN: Was Mr. Senko successful in buying additional land? MR. JOHN HAPONIC, Builder: I have not heard anything from him and neither have the Conklings. THE CHAIRMAN: what did you decide after looking over the situation relative to making it conform? Southold Town Board of Appeals -8- July 3, 1963 MR. HAPONIC: I was talking with the electrician and he says it is a problem. The electric was continued under the garage floor according to the Long Island Lighting code. The floor would have to be ripped up. THE CHAIRMAN: Is there anyone present who wishes to speak against this applicationT (There was no response. ) (Mr. and Mrs. Conkling appeared and the Board thoroughly discussed the situation with them. They stated, as did Mr. Haponic, that the error was unintentional, but to correct it now would almost be an impossibility due to the construction of the garage. ) After investigation and inspection the Board finds that an honest error was made in this instance and the Board recognizes that the so-called honest error is not a legitimate reason for granting a variance but we are enforced in our belief- this variance should be granted by the fact that neither on June 20th, the adjourned date of the original hearing, nor this date did Mr. Senko, the principal objector, appear. Further, it has been determined that the electric service which has been installed below concrete would be extremely difficult to move. We have also learned from survey of Otto W. Van Tuyl & Son dated April 25, 1963 that the original houses constructed on the adjoining lots of' Conkling and Senko, apparently neither of .the two houses were constructed parallel to the side yards, nor were they parallel with the street line which further increased the possibility o f error in making an addition to this house. 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; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Southold Town Board of Appeals -9- July 3, 1963 On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Mortimer G- Conkling be granted permission to reduce his westerly side yard setback at the northwest corner .of his dwelling to 9'-ft: ._-1:-ire. Location of property: part of Lot No. 150 on map of Nassau Farms, south side Sterling- Road, Cutchogue, New York. 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 June 20, 1963 be approved as submitted. Vote of the Board: Ayes: - Mr. Gillispie-, Mr. Bergen, and Mr. Hulse. in accordance with a letter from" Cuttis W. Horton of the Cutchogue Fire Department, on. motion of Mr. Bergen, seconde d by Mr. Gillispie, it was RESOLVED that the Cutchogue Fire Department be granted permission to display posters in the Town of: Southold advertising the "North Fork Firemen's Day" to be heldJUly 13, 1963. These posters should be removed promptly after the event on July . 13, 1963. 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: Ayes: - Mr. Gillispie,. Mr. Bergenr and Mr. Hulse. The next meeting ,of the Southold Town Board of Appeals will be held 7: 30 p.M. , Thursday, July 18, 1963, Town Office, Main Road,,- Southold, New York. Southold Town Board of Appeals -10- July 3, 1963 On motion of Mr. Gillispie,, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7: 30 P.m. (E.D.S. T. ) ,. Thursday, July 18, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Peter Karas, a/c Greenport -Snack Bar, Main Road, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain a second ground. sign on business property located on the north side Main Road, Greenport, New York, bounded north by Municipal Water' Plant, east by Municipal Water Plant,. south by Main Road, and west by Andrew Zipko Estate. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr.. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Board of Appeals set 7:45' P.M. (E.D.S.T. ) , Thursday, July 18, 1963,. Town Office, Main Road,. Southold, New York as time and place for hearing upon application of Frank R. Nichols, Nassau Point,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 divi3e property into two lots each having less than 100 ft. frontage and containing less than 12,500 sq. ft. in area. Location of property: Lots 46 and 72 on unfiled map of Laughing Waters, south side and east side of Minnehaha Boulevard, Southold, New York, bounded north by Minnehaha Boulevard, east by Henry Aldrich, south by Hardy Iverson, and west by Minnehaha Boulevard and Hardy Iverson. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, . and Mr. Hulse. On motion of Mr. Hulse, seconded by Mr. Gll-lisp e„ it was RESOLVED that the Board of' Appeals set 8: 00 P.M. (E.D.S.T. ) , Thursday, July 18, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of William 'Wickham, a/c Wilhelmina S. Dietz, Deep Hole Drive, Matti.tuck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article x, . Section 1000A, for permission to divide property leaving two lots with insufficient frontage. Southold Town Board of Appeals -11- July 3,. 1963 Location of property: south side Deep Hole Drive, Mattituck, New York, bounded north by Deep Hole Drive, east by James Barr, south by Deep Hole Creek, and west by other land of'Wilhelmina S. - Dietz. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 8: 15 P.M. (E.D.S.T. ) ,. Thursday, July 18, 19.6�,.Town Office, Main Road, Southold, New York as time and place for hearing upon application of Stanley S. Corwin, a/c Andreas Wagner and Rose Wagner, 3126 Hull Avenue, Bronx,, New York for recognition of access in accordance with New York State Town Law Section 280A. Location of property: Stars Road, East Marion, New York, bounded north by Frank' Frumenti, east by G. Schroeder, south by-C. Stars,. and west by Stars Road. Vote of the Board: .Ayes:- Mr. Gillispie,. Mr. Bergen, and Mr. Hulse. It was FURTHER RESOLVED that legal notice of hearings be published in the official newspaper on July 12, z 1963. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Hulse. Meeting adjourned at 9:45 P.M. Respectfully submitted, Judith T. Boken, Secretary � �oaCd o Q4ea Cha��ma�