Loading...
HomeMy WebLinkAboutZBA-05/24/1962 ����FFOCkcOG . S O UTH O LD, L. 1., 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 T. E S SOUTHOLD TOWN BOARD OF APPEALS May 24, 1962 A regular meeting of the Southold Town Board of Appeals was held 7: 30 P.M. , Thursday, .May 24, 1962s 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. PUBLIC HEARING: Appeal No. 459 - 7:30 P.M. (E.D.S.T. ) , upon application of .Woodhollow Properties? Inc. r 3 Glen Lane, Glenwood Landing, New Yorks for :a special exception in accord- ance with the Zoning Ordinances, Article IIIr - Section 300s .Sub- section 11, for permission to erect and maintain advertising sign on the property of Woodhollow Proprrtiess• Inc. , north side Main Road, Orients New York. Property bounded north by other .land of Woodhollow- Propertiesr Inc. , east by other land of Woodhollow Properties, Inc. , south by Main Roadr .and west by Joseph Moisa. Fee paid $5. 00. Southold Town Board of 'Appeals -2 May 24t 1962 The Chairman opened the hearing by reading application for a special exceptions legal notice of hearing and affidavit attesting to its publication in the official newspaper and legal notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GEORGE A. McMANN, JR. , Greenportt New York: This sign is a sign Mrs. Mitchell had in front of her house when she had one of the Woodhollow houses in Section I of Orient-By-The-Sea. It was permitted in the subdivision because it was part of the development area. The subdivision map stopsat the entrance road andthe house Mrs. Mitchell is occupying now is owned by Woodhollow Properties but it is outside of the subdivision itself. She is now in the old Charlie Ryder farm house. She wants to move the sign from the former house to the farm house. MR. ROSENBERG: Mrs. Mitchell now has two signs. One says "Sales Agent", and the other sign says "Walter Uhl.. Orient-By- The-Sea Sales Office, Mrs. E. . Mitchell, Agent. " Of course, she may only have one sign. Does she intend to put out real estate agent with her number? MR. McMANN: No, just what it says in the application, "Orient-By-The-Sea, Sales Office, Elizabeth M. Mitchell, .Agent. " THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) This appl-cation is for a sign for the purpose of 'indicating the sales office of a subdivision known as Orient-By-The-Sea. This sign will be located outside of the subdivision itself but on property owned by the subdivision developer, immediately adjacent to the subdivision. 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, , therefore On motion of Mr. Gillispie, seconded by Mr. Bergen, it was Southold Town Board of-Appeals -3- May 24, 1962 RESOLVED that Woodhollow Properties, Inc. be granted permission to erect and maintain a sign on their property immediately adjacent to the Orient-By-The-Sea subdivision. This sign shall be for the sales office of this subdivision only and is to be the only sign on the property occupied by Elizabeth Mitchell. . The sign shall be 3 ft. by 3 ft. 10 in. , wording to be "Orient-By-The-Sea, . Sales Office, Elizabeth M. Mitchell, Agent. ", . and shall be located no closer than 5 ft. from any property line, 3 ft. above the ground level and upper edge no higher than 15 ft. 6 in. from the ground level. Vote of the Board: Ayes:- Mr. Gillispie, .Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 46 0 - 7: 45 P.M® (E.D.S.T. ) , upon application of Otto Lindermayer, Horton's Point, Southold,, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback on a corner lot. Location of property: north .side Soundview Avenue, Southold, New York, bounded north by other land of Otto Lindermayer, east by J. Bitses, south by -Soundview Avenue, and west by right-of-way. Fee paid $5. 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 and legal notice to the applicant. THE CHAIRMAN: Is there anyone present who .wishes to speak for this application? .MR.. OTTO LINDERMAYER, Horton's Point, Southold, New York: It seems that when this property was divided they did not have any zoning rules because this is a corner plot and it is so narrow. There is only 70 ft. on front. (Mr. Lindermayer described the location of his house with relation to the roads and also described the area around his property. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Southold Town Board of Appeals -4- May 24, 1962 (There was no response. ) After investigation and inspection the Board finds that this residence was constructed prior to enactment of the Ordinance and the actual front of the residence has a 55 ft. setback. The entire area is heavily wooded and no residences are located on Soundview Avenue in the immediate area. The side of the house affected by this application is 38 feet from Sound- view Avenue and the property line is about 12 . feet from the shoulder of -Soundview Avenue. The proposed .screened porch addition will result in a 24 ft. setback on Soundview Avenue. Inasmuch as the wooded area where this cottage is located and the probable future use of the surrounding woodland and the location of the private entrance road which is used by other owners the practical difficulty phase should be considered. 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, therefore On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was' RESOLVED that -Mr.-Otto Lindermayer be granted permission to reduce his front yard setback on Soundview 'Avenue to 24 feet. Vote of the Board: Ayes: - Mr© Gillispie, Mr. Bergen, Mr. Rosenberg: and Mr. Grigonis. PUBLIC HEARING: ;Appeal No. 461 - 8: 00 P:M. (E.D. S.T. ) , upon application of Floyd F. King, Jr. , King Street, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain an on-premises business §J sign with reduced setback. Location of property: south side of -Route 25, Orient, New York, property bounded north by Main Roadd. east by E. C. Clingen, south by 'F. Rackett and W. Kellog, and west by B. W. Young. Fee paid $5. 00. Southold Town Board of Appeals -5- May 24, 1962 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 legal- notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. FLOYD F. KING, JR. , _ Orient, New York: I would like to say that there is no problem as far. as the road frontage goes, I can stay 5 feet from Route 25, but there is just a narrow strip of grass between the Clingen boundary and the black top. I would say it is no more than 2 feet. The garage beside me has the use of the black top in front of my office and I cannot obstruct it and that is why I applied for this special exception. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: What are you going to put on the sign? MR. KING: "Floyd F... King, Jr., Insurance, . Real Estate, Representing Quinton Realty, Licensed Real Estate Broker. " It will be 3 ft. by 4 ft. double faced sign. THE CHAIRMAN: Are there any other questions? (There was no response. ) This application is for permission to reduce side yard setback for an on-premises business sign. After investigation and inspection the Board finds that the entire..18 ft. frontage of this property is black topped and the service station on. the west has use of this black topped area. 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, therefore Southold Town Board of Appeals =6 May 24, 1962 On motion of Mr. Gillispie, seconded by Mr. Bergent it was RESOLVED that -Floyd F. King, Jr. , be granted permission to erect and maintain a 3 ft. by 4 ft. sign on his property located on the south side of Route 25t Orient, no closer than 5 ft. from the front property line and approximately. l foot from the east property line,, which is the only open unpaved surface area. Vote of the •Board: Ayes: - Mr. Gillispiet . Mr. Bergen, Mr. Rosenberg,,. and Mr. Grigonis. PUBLIC HEARING: Appeal, No. 462 - 8: 15 P.M. (E.D.S.T. ) , upon application of George W. Smith & Sons, Southold, New York, fora variance in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback on a corner lot. Location of property: corner of Bennett Lane and Custer 'Avenue, .Lot -No. 6 in subdivision of Fairview Park, Pine Neck Road, -Southold, -New .York... Fee paid $5. 00. The Chairman opened the hearing by reading application for a special exception,z legal notice-of hearing, affidavit attesting to its publication in the official. newspaper and legal notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. DANIEL SMITH, Southold, New York: The house is 64 ft. 8 in. long. This difficulty started way back before our map was filed. Our original map Mr. Van Tuyl drew was for this . lot to have 113 ft. frontage. The original contract with Mr. Dzenkowski called. for 113 ft. When the mapwas finalized and redrawn to be filed the lot was changed to 110 feet. At that time we had a verbal understanding with Mr. Dzenkowski and the deed was made for 110 ft. When we were going over plans I said to Mr. Dzenkowski, what is the size of your lot,and he said 113 ft. We figured we had plenty of room. I did not think about it and I made the application out for 113 feet. I should have known better,we have the map on the wall in the office. I had originally intended to have the house 10 ft. from Lot No. 5t but I put it 11 ft. to leave enough room® We did not check it because we thought we had plenty of room. I could Southold -.Town Board of 'Appeals -7- May 24s 1962 hardly believe it when Mr.. Terry said.we had a problem, . and then I checked the, map and also found the back to be 103 ft.. If it had been 11,0 ft. square .I would have been all right. The front -of the garage is the part thatis over 2% ft. You drive in from Bennett Lane. I could have cut. the garage down, but when I got .ready to put - it. up the owner ,came .to me .and asked to make the kitchen and dining "room larger and it extended to the garage... But -wi.th a standard�car ,it, will not '.fit 'in unless you have 22 feet. , THE CHAIRMAN: Do you subcontract on these jobs?. You tell a mason .where the -stake Is and what the dimensions are? MR. , SMITH We ,use subcontractors but in laying out -the houses' we .always do it, ourselves. . We .always` recheck after the . cellar is ,dug. I assure you we had no intention of trying to get -.away .with .anything. THE CHAIRMAN: Th.e- problem we are faced with is this is a self-imposed.hardship. MR. SMITH: I agree, it is definitely self-imposed. But, my ,hardship rests on the fact the original .contract called for 113 feet.-and the filed map reduced it to 110 feet. . , MR. . ROSENBERG:, I do not think -you have been fair with the - Board. This has been. advertised in 'the newspaper and yet you went ahead and continued to build it. I should .think you would have stopped building. MR SMITH: I asked them..not to work on that .part but yesterday they-went and framed it -up. They -said- they got to a point where t �of the house and they went ahead the roof tied into the other par with it. THE CHAIRMAN: Is there anyone present '-who wishes to" speak against this application? (There was, no response. ) .After investigation and inspection the Board finds the contract for purchase of this first lot sold in this develop- ment contained 113 , feet 'on' Custer Avenue. . The° accepted •filed map .educed this frontage., to 110 feet. Southold Town Board of Appeals -8- May 24, 1962 When the foundations were constructed the 113 ft. measurement was used. This resulted in the 22 ft. deficiency. on the Bennett Lane frontage. This is a corner lot and requires 35 feet setback on both frontages. While many reasons were offered by the builder to explain the failure to check the measurements with the filed map, it will serve no useful purpose to insist upon the letter 'of the Ordinance in this case. 'The future setback of the only house which. can be constructed on Bennett Lane will not be affected due to the 200 ft. frontages. 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, therefore On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that George W. Smith & .Sons be granted to reduce front yard setback on Lot No. 6 in Fairview Park to 322 ft. on Bennett Lane. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, .Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. -Gillispie, seconded by 'Mr. Rosenberg, it was RESOLVED that the minutes of the meeting of May 10, 1962 be approved as submitted. ' Vote of the Board: Ayes:- Mr. Gillispie,: ; Mr. Bergen,. Mr_ Rosenberg: and Mr. Grignnis. On motion of Mr. Gillispie,, seconded by Mr. Bergen, it was RESOLVED that the minutes .of the meeting of -May 15, 1962 be approved as submitted;. Southold Town Board .of Appeals -9- May 24s . 196:2 Vote -bf the Board: Ayes:- Mr.. Gill ispie, Mr. Bergen, Mr.. Rosenberg, and :Mr. Grigonis. 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. ) s. Thursday, -June 7,' 1962, Town :Clerk Office,_. Main Road, Southold. - New York,. as time -and place for hearing upon application of Robert..Ketcham, . Jr.., East Marions .New York, a/c, Park Diner, Greenport, - New York,-for :a .special exception-' in accordance with the-Zoning Ordinance,' Article' IV, Section ,408s .. forIpermissionto erect :and maintain a directional sign on th.e. property of::Charles Sage,;. south side Route 25,. west of :Sage Boulevard, Arshamomaque, New York. Vote -of -the Board: Ayes: Mr.. Gillispie,- Mr. Bergen, Mr. Rosenberg, and Mr. . Grigonis. On motion of Mr. Bergen, seconded by`Mr. . Rosenberg,' it 'was RESOLVED that the Board of Appeals set 7:45 .'P.M. (E.D.S.T. ) ,, Thursdays 'June 7, _1962, Town .Clerk .Off ice, .Main'Road, Southold, - New YorkD .as time and place for hearing upon application . of Mr. and Mrs. .Fred N. Bohlke,:.Shipyard Lane, East Marion, New York, fora special exception in. accordance ,with -th.e -Zoning Ordinances ' Article III, Section 300t,, Subsectioiz ll , . for permission to erect and -ma'intain a directional sign on the property,,of Joseph' Cherepowich, corner of Route. 25 Shipyard, Lane., East Marion, New York. Vote of the Board: Ayes:-- Mr.. Gillispie, .Mr. Bergen, Mr. Rosenberg,. and .Mr. . Grigonis. ; On motion of Mr. Grigonis, seconded by_°Mr. Rosenberg,. it was , RESOLVED that the Board of :Appeals set .8: 00 P.M. (E.D.S.T. ) , Thursday,-June 79 1962, Town Clerk-.Office,,. Main . Road,.,. Southold, - New York .as: time and place for hearing upon.'application of the -Estate -of -William H. .Wasson by John O'Keeffe, _l20 Court=,Street, R iverhead;_..New Yorks , for 'a variance in. accordance. with th.e Zoning Ordinance, ,Article X, Section 1000A,, for ,permission to divide . property. into two parcels leaving one parcel 'with .reduced frontage. Location-of property: south ..side Peconic. Bay Boulevard•,; Laurel, New York, bounded north by Peconic Bay Boulevardt . east by other Southold Town Board of Appeals -10- May 24s 1962 land of William Wasson Estates, and south by Great Peconic Bay, west by *property of Stalzer. Vote of the Board: Ayes: - ,Mr. Gillispie, .Mr. Bergen, Mr. R osenberg; and Mr. Grigonis. On motion of Mr. Rosenberg, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals mat 8: 15 P.M. (E.D.S.T. ) s Thursdays - June 7, 1962, Town Clerk Office.. Main Road., Southold, New York, . as time and place for hearing upon application 'of Emory R. Tuthill, Cutchogue, New. York.. a/c, Raymond J. , Slavin, 88=89 Hollis Court Boulevard, Belaire, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 3064. for permission to reduce front yard setback on a corter' lot. Location of property: corner of Oak Drive and Broadwaters Drive, Cutchogue, New York, ' bounded north ..by .oak Drive, east by.E. --T. Clark south by Mary E. Belz,. and west by Broadwaters Drive. Vote of the Board: Ayes:- Mr. Gillispie, . Mr. Bergen, .Mr. Rosenberg, and Mr. Grigonis. IT•WAS FURTHER RESOLVED that Legal Notice of the hearing be published -in the official newspaper. on May 31.. 1952, and notice of same be forwarded to the applicants. Vote . of the Board: Ayes: - Mr. Gillispie,, Mr. Ber gen, Mr. Rosenberg, and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held 7: 30 P.M. (E.D.S.T. ) : Thursday, June 7, 1962 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 10: 00 P.M. Respectfully submitted, Judith T. Boken 5t Secretary