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HomeMy WebLinkAboutZBA-03/15/1962 Southold Town Board of Appeals S O UTH OLD, 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 T:E' S SOUTHOLD TOWN BOARD OF APPEALS March 15, 1962 A regular meeting of the- Southold Town BDard of Appeals was held 7: 30 P.M. , Thursday,. March 15, 1962 at the Town Clerk Office, Main Roads- Southold, New York. There- were present: Messrs- Robert-W. Gillispie, Jr. , . Chairman, Robert Bergen, and Charles Grigonis, Jr. Absent: Messrs. Herbert Rosenberg,. and Serge Doyen,, Jr. PUBLIC HEARING: APPEAL No. 429 - 7: 30 P.M. `(E.S.T. ) , _ upon application of Julius' Zebroski, Bayview Road, Southold, New York, and William Hall and Clara Hall, 12-21 152nd Street, . Whitestone 57, New York, for recognition of access in accordance with New York State Town Law, Section 280A. Location of property: private right-of-way east side Ole Jule Lane, . Mattituck, New York, bounded north by private right-of-way, east by private right-of-way, south by other land of Zebroski, and west by other land of: Zebroski. No fee for access. The Chairman opened the hearing byIreading application for recognition of 'access, legal notice of hearing and affidavit attesting to its publication in the official newspaper. r , Southold Town Board of Appeals .-2- March 15, 1962 THE CHAIRMAN: Is there .anyone present who wishes to speak for this application? RICHARD J. CRON, ES¢. , Main Road, Cutchogue, New York: I speak on behalf of the purchasers under contract, . William and Clara Hall; Mr. Zebroski being the seller. (Mr. Cron presented a map of the area to the Board and explained the exact location of the proposed access road and the lot. ) (Mr. Joseph Snellenburg appeared on behalf of Mr. Zebroski. ) The Board stated that they had investigated the property and would be willing to approve temporary access during the proposed construction of a residence, but Highway Department approval would be necessary before a certificate of occupancy is issued. There is a difference in grade at the junction of the right-of-way and Ole Jule Lane. 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 wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Are there any other questions? (There was no response. ) After investigation and inspection the Board finds that this recently improved 25 foot right-of-way is adequate in width for required access. However, when this right-of9way was prepared for access it was cut down so that the immediate area where it joins Ole Jule Lane is below the grade and in consequence creates a possible drainage problem at that point. In the opinion of the Board a drainage problem is present and any emergency vehicle entering the right-of-way :in the present condition would be endangered under certain conditions with the Southold Town Board of Appeals -3- March 15, 1962 possibility that the right-of-way would be impassable. On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Board grant Julius Zebroski, William Hall and Clara Hall temporary access during construction of the proposed residence, but no certificate of occupancy should be issued until the Building Inspector has received the approval of the Highway Department insofar asit applies to the junction of the right-of-way with Ole Jule Lane. This refers to the difference in grade at that point. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 430 - 7: 45 P.M. (E.S.T. ) , upon application of Colonial-Hites Company of New York, Inc. , 225 Park Avenue South, New York City 3, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Secticn 408, for permission to erect and maintain ground sign on property of Greenport Falcaro Lanes, east side Moore's Lane, Greenport, New York. Property bounded north by Village of Greenport property, east by Krupski, south by Herzog and Kalin and west by Moore's Lane. Fee paid $15. 00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. THE CHAIRMAN: This application is for a sign with the words "Bowl" and deserves consideration because there will be no ground sign on Moore's Lane and this sign will be visible from the State Road. THE' CHAIRMAN: Is there anyone present who wishes to speak for this application? STANLEY CORWIN, ES¢. , Greenport, New York: I think it is unfortunate these applications cannot be considered together, however, this sign is part of three applications in connection with the operation and maintenance of the new bowling alley in Greenport. Southold Town Board of Appeals -4- March 15, 1962 (Mr. Corwin went on to say that there will be nothing detrimental to the morals of the people of the Town of Southold in connection with the enterprise. The signs fit in well with the restof the building and are of a conservative nature. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) (Mr. Falcaro and Mr. Constantine King were also present and answered questions posed by the Board relative to the bowling alley building and enterprise itself. ) This applicant is permitted a detached sign 62 ft. by 122 ft. or approximately8lsq. ft. and not higher than 152 ft. He requests permission to install a detached sign "Bowl" containing 472 sq. ft. where the height above the ground would be approximately 26 ft. The word "Bowl" is the only sign on the building which would be visible from the Main Road. The height is required so that the sign would be visible above intervening buildings. 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 adjoining use districts would 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 RESOLVED that Colonial-Hites Company of New York, Inc. be granted permission to erect and maintain ground sign on the property of Falcaro Lanes, Greenport, 15 ft. in length, 38 in. . in width,. and 26 ft. above the ground level. Wording to be: "B 0 W L". Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 431 - 8: 00 P.M. (E. S.T. ) , upon application of Colonial-Rites Company of New York, Inc. , 225 Park Avenue South, New York City 3, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Southold Town Board of Appeals -5- March 15, 1962 for permissinn to erect and maintain wall sign on Greenport Falcaro Lanes, east side Moore's Lane, Greenport, New York. Property bounded north by Village of Greenport property, east by Krupski, south by Herzog and Kalin and west by Moore IsLane. 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. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? STANLEY CORWIN, ESQ. , Greenport, New York: I wish to associate the remarks I made at the previous hearing with this application. (See pages3 & 4. ) THE CHAIRMAN: What is the particular reason for this Brunswick sign? (Mr:. Falcaroan.d Mr. King explained that the two leading bowling equipment companies are Brunswick and AMF. Brunswick equipment is purchased and AMF is rented. Brunswick wants people to know what alleys are in the building and that is partly necessary and responsible for the success of an enterprise. ) 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 wishes to speak against this application? (There was no response. ) This applicant requests a sign on the side wall of 182. sq. ft. This sign is required by the Company supplying the equipment used. 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 would 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 Southold Town Board of Appeals -6- March 15, 1962 RESOLVED that Colonial-Hites Company of New York, Inc. be granted permission to erect and maintain wall sign on Falcaro Lanes, Greenport, 6 ft. 2 in. by 3 ft. with the wording: "Brunswick Equipment Exclusively, 20 Lanes. " This sign is to be located on the south wall, 6 ft. above the ground level. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 432 - 81'15 P.M. (E. S. T. ) , upon application of Colonial-Hites Company of New York, Inc. , 225 Park Avenue South, New York City 3, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain wall sign on Greenport Falcaro Lanes, east side Moore's Lane, Greenport, New York. Property bounded north by Village of Greenport property, east by Krupski, south by Herzog and Kalin and west by Moore's Lane. Fee paid $15. 00. The Chairman opened the hearing by reading application . for a special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. THE CHAIRMAN: Is there .anyone present who wishes to speak .for this application? STANLEY'CORWIN, ESQ.. , Greenport, New York: I again request that my remarks of the first hearing be associated with this appli- cation. (See pages 3 & 4. ) In this case there are to be two signs on the front of the building. Due to the layout of the building it is much more attractive to have two signs. We would be allowed a much larger sign if we had one large sign. 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 wishes to speak against this application? (There was no response. ) Southold Town Board of Appeals -7- March 15, 1962 After inspection and investigation the Board finds thatthis applicant is permittedtunder Article IV, Section 408, a wall sign on the street front of his building. Said sign could measure 246 square feet in surface area. He now requests permission to erect two wall signs widely separated on the front wall. One sign, "Cocktail Lounge" contains 26 sq. ft. and the other "Falcaross" contains 66 sq. ft. , a combined total of 92 sq. ft. 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 would 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 RESOLVED that Colonial-Rites Company of New York, Inc. be granted permission to erect and maintain second wall sign on the front of Falcaro Lanes, Greenport. Sign to be 8 ft. in length and 4 ft. in width, overall, and wording to be: "Cocktail Lounge. " Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. Mr. and Mrs. Harry G. Johnson, 276 Flower Road, Valley Stream, New York, appeared before the Board of Appeals for an informal discussion relative to building on a corner lot they own at-Watersedge Way and Longview Lane, Terry Waters Subdivision (Lot No. 59) , Southold. Mr. and Mrs. Johnson wished a 5 ft. reduction on the front yard setback on Longview Lane because they wish to locate the house at an angle for a view of the Bay. The Board advised the Johnsons that such a variance could not be granted as they can prove no hardship to the Board, nor is the situation unique. Further, such a reduced setback would tend to establish a reduced setback line on the east side of Longview Lane which is undeveloped. PUBLIC HEARING: Appeal No. 433 - 8: 30 P.M. (E. S.T. ) , upon application of Rose A. Caputo, 2130 Harmon Street, Ridgewood 27, New York, for a variance in accordance with the Zoning Ordinance, Southold Town Board of Appeals -8- March 15, 1962 Article III, Section 308, for permission to reduce rear yard setback on property located on private right-of-way on the east side of Rocky Point Road, East .Marion, New York. Property bounded north by Stamos, east by Aquaview Realty Corp. , south by Rosenberg, and west by private right-of-way. 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? (There was no:,.-response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) (The Chairman advised the Board that he had investigated this property in the company of Mr. Terry the Building Inspector. ) After investigation and inspection the Board finds that the lot in question which is approximately 189 feet along the right- of-way and 100 ft. in depth is of sufficient area to place the contemplated residence so that the setback and side yard and rear yard requirements be observed. In fact, when the building permit was issued there was ample open area surrounding the proposed dwelling. Now it appears that the applicant desires to so place the building that the rear yard would be less than m.inimum. The various reasons submitted by the applicant are not ' substantiated. The owner, a practicing attorney, had actual... or presumptive knowledge of the Ordinance requirements and any claimed hardship is therefore self-created. The lot is regular in form and about 50/ greater than the minimum ordinance requirements and this Board can find no valid hardship or practical difficulty involved. On motion of Mr. Gillispie, seconded by Mr. Bergen, 'it was Southold Town Board of Appeals -9- March 15, 1962 = RESOLVED that Rose A. Caputo be denied permission to reduce rear yard setback on property located on private right-of-way on the east side of Rocky Point Road, East Marion, New York. Vote of the Board: Ayes: - Mr. Gillispie, : Mr. Bergen, and Mr. Grignnis. PUBLIC HEARING: Appeal No. 434 - 8: 45 P.M. (E.S. T. ) , upon application of Moore°s Lane Corporation, 69 Further Lane, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article IV, Section 404, for permission to reduce front yard set- back on property located on the east sideof Moore's Lane, Greenport, New York, bounded north by Village of Greenport property, east by Krupski, south by Herzog and Kalin and west by Moores Lane. 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? MR. CONSTANTINE KING, 69 Further Lane, Riverhead, New York: This variance is requested for a cooling tower:: in the front of the bowling alley building. It is approximately 4 ft. square and I am having it landscaped and it will not be offensive. In fact, the landscaping will hide the Village of Greenport Light Plant property at that point which is not very attractive. There is nothing dangerous in connection with this tower. No one will be able to reach it since I will have a concrete wall around it as well as the shrubbery. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Are there any questions members of the Board would like to ask Mr. King? Southold Town Board of Appeals -10- March 15, 1962 (There was no response. ) After investigation and inspection the Board finds that this cooling tower which is to be concealed by shrubbery so that it will not be visible as shown on the plans submitted to the Building Department. However, the plot plans which is all the Building Inspector is required to check would not indicate this tower. This tower is located beside the power plant and water works and much of the equipment used in such an enterprise is visible from the street. In beautifying the bowling: alley building much of the water works and electric plant adjoining property will be concealed. The Board feels that the present location of the cooling tower is the best solution as asserted by the engineer and architect and builder.. in the original approved plan. The Board further finds that strict .application of the Ordinance would produce practical difficulties and unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property; 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 Moore's Lane Corporation be granted permission to reduce front yard setback for the location of cooling tower on property located on the east side of Moore's Lane, Greenport, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grgonis. Mrs. Beatrice Wasson appeared before the Board fmr an informal discussion relative to the property of Mrs. William H. Wasson, south side Peconic Bay Boulevard, Laurel, New York. Mrs. William Wasson had appeared before the Board to discuss this property on February 2nd but at that time she contemplated Southold Town Board of Appeals -11- March 15, 1962 dividing the property into three lots. At the time the Board advised that they would not be favorably inclined toward the division into three lots but would consider two lots, one on Peconic Bay Boulevard and the other on Great Peconic Bay. Mrs. Beatrice Wasson now has a proposal to divide the property with a house on a narrow lot on Peconic Bay Boulevard and the remaining frontage on the Boulevard to go with a house on the Bay. The frontage of the narrow lot would be under 100 ft. and the Board does not feel this would be satisfactory since there is ample frontage. Mrs. Wasson felt that since the two houses existed prior to zoning that an undersized lot should be permitted. The Chairman stated he would speak to the Town Attorney about this situation and report to the Board, and let Mrs. Wasson know as soon as possible. On motion of Mr. Gillispie, seconded by Mr. Grigonis it was RESOLVED that the Board of Appeals set 7: 30 P.M.. (E.S. T. ) .. Thursday, March 29, 1962, Town Clerk Office, Main Road, Southold, New York as time and place for hearing upon application of John Higgins, 3017 Hudson Boulevard;,,. Jersey City, New Jersey for recognition of access in accordance with State of New York Town Law, Section 280A. Location of property: southwest side Sage Boulevard, Greenport, New York, bounded north by Sage Boulevard, east by William Kilion, south by basin, and west by Charles Sage. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. on motion of Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7: 40 P.M. (E.S. T. ) , Thursday, March 29, 1962, Town Clerk Office, Main Road, Southold, New York as time and place for hearing. upon application of Joella and Barrie Vreeland, 63 Haymaker' Lane, Levittown, New York, for recognition of access in accordance with the State of New York Town Law, Section 280A. Location of property: west end of Central Drive, Mattituck, New York, bounded north by Long Island Sound, east by Frank Wills, south by proposed right-of-way, (Pike) , .and west by Otis J. Pike. Southold Town Board of Appeals -12- March 15, 1962 Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. On motion of Mr. Bergen, seconded by Mr. Gillispie it- was RESOLVED that the Board of Appeals set 7: 50 P.M. (E.S.T. ) , Thursday, March 29, 1962, Town Clerk Office, Main Road, Southold, New York as time and place for hearing upon application of Frank Wills, 609 West 114 Street, New York 25, New York, for recognition of access in accordance with State of New York Town Law, Section 280A. Location of property: west end of Central Drive, Mattituck, New York, bounded north by Long Island Sound, east by Captain Kidd Estates Subdivision, south by proposed right-of-way (Pike) , and west by J. & B. Vreeland. 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 Board of Appeals set 8: 00 P.M. (E.S.T. ) , Thursday, March 29, 1962, Town Clerk Office, Main Road, Southold, New York as time and place for hearing upon application of Harold Wilsberg, Ole Jule Lane and Krause Road, Mattituck, 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: Krause Road and Ole Jule Lane, Mattituck, New York, bounded north by Krause Road, east by Ole Jule Lane, south by Ole Jule Lane and west by E. & O. Wilsberg. 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 March 23, 1962. Vote of the Board: Ayes::;- Mr. Gillispie, Mr. Bergen, a;r�d Mr. Grigonis. On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the minutes of the meeting of March 1, 1962 be approved as submitted. Southold Town Board of Appeals -13- March 15, 1962 Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the meeting of March 5, 1962, be appm ved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. The Board of Appeals received from the Planning Board the map of property of W. Harry Lister at Fleets Neck, Cutchogue. The Planning Board recommended that under the present layout if a central water system were used for alllots the plan would be satisfactory and the Planning Board recommended that variances be granted on the lots with reduced frontage. The Board of Appeals again reviewed this map and it was their decision to accept applications for variances on the lots with reduced frontage if a central water system were used. However if variances were granted for reduction of frontage they would specifically prohibit front, side ,or rear yard reductions. The next meeting of the Southold Town Board of Appeals will be held 7: 30 P.M. , Thursday, March 29,, 1962 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 11: 15 P.M. Respectfully submitted, udith T. Boken, . Secretary Board