HomeMy WebLinkAboutZBA-05/14/1964 o
SOUTHOLD, L. I., N.. Y.
Telephone SO 5-2660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Charles Gregonis, Jr.
Serge Doyen, Jr.
'Fred Nul6e, Jr.
M I N U T E ' S
SOUTHOLD TOWN BOARD OF APPEALS
May 14, 1964
A regular -meeting of the Southold Town Board of Appeals was
held Thursday, 7:30 P.M. , May 14, 1964, at the Town Office, Main
Road, Southold, New York.
There were present: Messrs: Robert°W. Gillispie, Jr. , Chairman,
Robert Bergen, • Fred Hulse, Jr.
Absent: Mr. Serge Doyen, Jr. , and Mr. Charles Grigonis, Jr.
PUBLIC HEARING: Appeal No. 661 - 7: 30 P.M. (E.D.S.T. ) , upon
application of:William and Regina victoria, Bayview Road, Southold,
New York, fora special exception in accordance with the Zoning
Ordinance, Article IV, Section 408, for 'permission to erect a
directional sign on the property of Southold Bayview Corporation,
lessee, Joseph PQlywoda, intersection of Bayview Road and Route 25,
Southold, New York, known as -Chevron Service. Station. Fee paid
$5. 00.
Southold Town Board of App s. -2- May 14, 19(
The'Chairman opened the hearing by reading application for
special exception, legal notice of hearing, affadavit-attesting
to its publication in the official newspaper, and notice to the
applicant.
The Chairman also read a letter from Joseph Polywoda giving
Mrs. Victoria permission to. place a sign on the property in
question. However, Mr.. Polywoda does not -own this property, . he
is the lessee.
Mr. Bergen felt that in the , letter' of 'permission from Mr.
Polywoda, the word advertising should be changed to directional.
THE CHAIRMAN: Is there anyone present who wishes to speak in
favor of this application?
MRS. REGINA VICTORIA: I was wondering if I could ask for a
postponement on this particular sign as to have more time to obtain
. permission from the actual owner ' of the premises. I wrote them the
second -of-May. I have n*heard from them at all,,,, they have not
- even acknowledged the fact that I'have written. I would like to
have more time to get some sort of response from them.
THE'CHAIRMAN: That seems like a reasonable request.
Is there anyone present who wishes to ,speak against- this
application?
There were two men present at this hearing from the-Civic
'Association.
.: REPRESENTIVE: (from Civic'Association) We represent the
Civic Association. We came up here to see what this is all
about. I went down and talked to Mr. Polywoda. This sign
doesn't have permission. from the property owner.
MRS. REGINA VICTORIA: I 'am going to try to obtain permission
from the Southold Bayview Corporation,, owner of the premises.
THE CHAIRMAN: Is there a sign in this. location now?
REPRESENTIVE: There is an advertising signs, advertising
Chevron Spark Plugs in front of the milk machine. Now they
are going to take this sign down and put up Victoria's sign.
MRS. VICTORIA: That isn't what we intended to do. When
talking to Mr. Polywodar. he said something about .taking down
that sign for spark plugs, then I could put my sign there.
Southold Town Board of Appe -3- May 14, 1964
THE CHAIRMAN: Do you have any other signs on the Main Road?
MRS. VICTORIA: We have onesign in Peconic, and one sign in
Riverhead.
REPRESENTATIVE: What is the color of your signs?
MRS. VICTORIA: Pink and blue. I suppose these colors may be
very sickening, however, we make the signs these colors because
they catch the people's eye and that's what we want.
The. Board, the Representatives, and Mrs. Victoria held a
lengthy discussion on signs. They discussed the color of signs,
locations, size, and the wording on signs. The Chairman explained
to the Representatives the meaning of non-conforming signs. The
Chairman then declared the hearing closed.
After investigation and inspection the Board finds that Regina
and William Victoria wish to place a directional sign on the property
of Southold Bayview Corporation, lessee, Joseph Polywoda. Mrs.
Victoria has permission from Joseph Polywoda, but has not yet
obtained permission from the owner of the premises— She is in the
process of obtaining this permission. The . sign will be an arrow
approximately 30" x 12". with the words "Victoria Motel Cottages",
directing the public to cottages for rent. The Board feels that
this sign will be beneficial to the traveling public in relation
to places of lodging in the Town of 'Southold.
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 by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that William and Regina Victoria, Bayview Road,
Southold,, New York, be granted permission to erect a directional
sign on the property of Southold Bayview Corporation, lessee,
Joseph Polywodar., at the intersection of Bayview Road,, and Route
25, Southold, New York, known as Chevron Service Station, subject
to the following conditions:
1., The approval of Southold Bayview Corporation,.
owner of the premises.
2. The sign shall be placed 5 feet from any
property line.
Southold Town Board of Appeals. . -4- May 14,, 1964
3. The sign sha] De placed 3 feet from gro-____i
level.
4. The sign shall be subject to all rules and
regulations of -non-conforming signs.
Vote of the Board: Ayes: Mr. Gillispie. Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 662 - 7:45 P.M.. (E.D.S.T. ),j, upon
application of:William and Regina Victoria•, Bayview Road., Southold
New Yorks. fora special exception in accordance with the Zoning
Ordinance, Article IIIz, Section 300s Subsection ll,,, for permission
to erect a directional sign on the property of H. B. Robinson.
Location of property: north side Route 25., East-Cutchogues, New York,
bounded north by -Long - Island Railroad.,. east by Stanley Ryskos. south
by Main Road., west by-J. Brynda. Fee paid $5.00.
The Chairman opened the hearing by -reading application for
special exception, legal notice of 'hearings, affadavit attesting
to its .publication in the official newspapers, and notice (,:to the
applicant.
The Chairman read the letter of 'permission. from H.. B. Robinson,.,
to place a sign on his property.
The Board discussed the location of the sign.
The Two representatives from the Civic Association were present
at this hearing also.
.REPRESENTATIVE: This becomes as advertising sign rather than
a directional sign.
MR. BERGEN: I think it would be a directional sign.
THE' CHAIRMAN: The sign shows the directions;*, it tells how
many mile to the cottages. . It is helpful to know that it is
heated. I don't think the words "week-week-end" are needed or
the telephone number. Do you think you need the telephone number?
MRS. VICTORIA: Nos not really.
The. Board. the Representatives and Mrs. Victoria held a
discussion on the nature of the sign. They discussed other signs
that are in the Town of: Southold. Mr. Arthur Williams,, Indian Neck
Lanes Peconics, entered into the discussion. He felt that the Town
Of Southold should have a shape and color code for signs.
THE CHAIRMAN: . Is there anyone present who wishes to say anything
further about this sign?
(There was no response. )
r
Southold Town Board of Appi s -5- May 14,. 19E
After. investigation and inspection the Board finds that
William and Regina Victoria wish to place a directional sign
on the property of H. B. Robinson.: north side Route 257,- East
. - Cutcehogue,,, New York. Mr.- Robinson has given permission to
place a sign on his property. On the sign will appear the
words' "Victoria Motel Cottages., heated.. Bayviews._ Southold,.
and the mileage to the cottages". The Board finds that this
sign will be beneficial to the .traveling public in relation
to places of lodging in the Town of: Southold.
The Board finds that the, public convenience and welfare and
justice will be served and the legally -established or permitted
use of the neighborhood property and adjoining use districts will
not be permanently or substantially injured and the spirit- of the
Ordinance will be observed.
On motion by Mr. Gillispiez seconded by Mr. Bergen,, it was
RESOLVED that-William and Regina V ictoriai Bayview Road,.
Southold= New Yorks. be granted permission to place a directional
sign on the property of H. B. Robinson, located north side Route
25®:Bast-Cutchogue.,,, New York, subject to the following conditions:
1. The sign shall be 4= x 68
2. The sign shall be placed 5 feet from any
property. 1 ine.
3. The sign shall be placed 3 feet from ground
level.
4. The sign shall be subject to all rules and
regulations of non-conforming signs..
Vote of the Board: Ayes: Mr. Gillispie.s, Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 663 - 8: 00 P.M. . (E.D.S.T. ).s, upon
application of :Charles Kings Aquaview Avenue.,, East Marion, New
York,. a/c Marc J. Iglesias,,-.Aquaview Avenue-., East Marion,. New Yorks,
fora variance in accordance with the Zoning -Ordinance.s Article IIIz,
Section 307,, for permission to erect- an addition on the existing
dwelling with no side yard area. Location of property: north
side Aquaview. Avenue,,: East Marion , New York,, bounded north by-Long
Island Sounds, east by '..Percy S. Rowe•,, south by"Aquaview-Road,, west
by-S. Van Sciver. Fee paid $5. 00.
Southold Town Board of Appe -6- May 14, 196,
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 Board looked at the pictures of the property in question,
and the Chairman read the following letters:
April 22, 1964, Dear 'Mr. Terry: I understand that
Mr. Iglesias whose property on Aqua View Avenue in East
Marion borders the East side of my property plans to
extend the' back of his house. Since this would obstruct
my view on this side of my property I am very much con-
cerned, because I feel that. this would depreciate the
value of my property considerably.
I would be most grateful if you would inform me of
anything that I can do about this matter. SincereV,
/s/ Ingeborg Tallarek. cc ,, Mr. Joseph Snellenburg II,
Mr. Lester Albertson.
April 25, 1964, Dear Miss Tallarek: Thank you for
your letter of April 22nd, RE: proposal of Mr. Iglesias
to build on the rear of his house, . Aqua View Ave. , East
Marion.
A builder has been in to see me about such an
addition and his proposal comes within the permitted
requirements of the Ordinance. They have no yet
submitted any drawings or plans or an applicantion for
a building permit.
I have been assured that the addition on the west
side of the Iglesias house will be removed this week,
I will keep my eye on it. Yours truly, /s/ Howard
Terry, Building Inspector.
May 11, 1964, My Dear Mr. Terry: In regards to the
violation on the property of my neighbor, Marc Iglesias
in East Marion, I wish to say in their behalf that I
do not consider this small addition to their home a
nuisance or offensive in anyway. We find them always
eager and willing to maintain and improve our community.
My many thanks for you kind indulgence. /s/ Percy S.
Rowe.
May 11, 1964, Dear 'Mr. Terry: I have recently
learned that Mr. Marc Iglesias of Aqua View Road,
East Marion has beenserved for a violation on his
property as a result of a small addition to his
Southold Town Board of __,?peals -7- May 14, _964
home. As one of his close. neighbors and an interested
citizen in any change in our community, I feel that `b this
may work a hardship and might be unjust.
I do believe that his merits some reconsideration.
very sincerely, /s/ W. J. Davies.
THE `CHAIRMAN: Is there anyone present who wishes to speak
in favor of-.this application?
MR. CHARLES KING: I would like to speak in. �" favor of it. It is
a temporary shed. It can be apart in two hours and be put up in
two hours. It is only to be used to store tools while he is' building
an addition on the house. When he is finished building theaddition,
the shed will come down. If you were up there, you would see what
is kind of a place he keeps.
THE 'CHAIRMAN: It is very attractive.
MR. CHARLES KING: He .wants the .shed to keep the tools in so that
- they are not I_scattered all over the yard. There isn't any place
else to put the shed, he certainly wouldn't want it in his front
yard.
THE' CHAIRMAN: All the lots are long narrow lots in this section.
. ,The lot adjacent is a long narrow lot. On the basis of this reasoning,
the shape of the lot does not seem like an unique hardship.
STANLEY" CORWIN, .ESQ.: Would the applicant settle for having
the shed temporarily?
MR. CHARLES KING: Yes, that is what he wants. .
THE' CHAIRMAN: Is there anyone present who wishes to speak
against this application?
MISS INGEBORG TALLAREK: I would like to speak against it.
The house was build when I was away. When I came back last year
this small house was built. I went to Mr. Iglesias and asked him ,
to move it.
The Board discussed the lots in that area,, and how Miss Tallarek's
lot is located in relation to Mr. Iglesias's lot. '
MISS TALLAREK: How far does he have to be from my property
lines
THE' CHAIRMAN: The Building Inspector ds in position to reduce
the side yards to 5 feet .and 7% feet.
Southold Town Board of AppE__s -8- May 14, 196-
Miss .Tallarek showed to. the Board pictures she had taken
of 'the property in question. They were large photos which
exposed the situation very well. The Board looked at them,
and discussed them.
CHAIRMAN: Is there anyone else who wishes to speak against
this application?
MISS TALLAREK: I would like to say again that I am very much'
against- this, and I want to have my rights.
THE .-CHAIRMAN: Are there any questions? I think the Board would
like to ask some' questions.
ARTHUR WILLIAMS, Indian Neck Lane, Peconic: Just how long will
he be able to leave this building up?
THE CHAIRMAN: We will cover that.
MISS TALLAREK: The .letter - I wrote to Mr. Terry, was not concerning
the small shed, it is the addition which he proposed to 'put on the
house. This addition would obstruct my view.
There was some discussion on the layout of the lots and how
Mr. Iglesias ' s addition ,'would .affect .Miss Tallarek's view.
THE CHAIRMAN: I beleive that this hardship is a self created
hardship. The addition is practically on the neighbors property,
or perhaps is.
THE 'CHAIRMAN: Is there anything further for or against this
application?
(There was no response. )
After investigation and inspection the Board finds that
Charles King, a/c Marc Iglesias has built a small shed on the
side of the existing dwelling, with insufficient side yard area.
The Board feels that this is a self-created hardship. The Board
finds that. the hardship is not�-;;unique, due to the fact that the
other lots in the area are -also long narrow lots. ., The reasoning
in the application is not sound.
The Board finds that strict application of the ordinance will
not produce practical difficulties or unnecessary hardship; the
hardship created is not unique and would.betshared by. all properties
alike in the immediate vicinity of this property and in the same
use district; and the variance does not observe the spirit of the
ordinance and will change the character of the district.
Southold Town Board of'Appei -9- May 14, 1964
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that Charles King, Aquaview Avenue, East Marion, New
York, a/c Marc J: Iglesias, Aquaview Avenue, _ East .Marion, New York,
be denied permission to erect an addition on the existing dwelling
with no side yard area. It is further RESOLVED that the shed be
taken down by midnight, May 29, 1964t, on the property located north
side Aquaview Avenue, East Marion, New York.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 664 - 8:15 P.M. (E.D.S.T. ) , upon
application of Sprague, Dwyer,- Aspland, & Tobin, Attorneys at
Law, 220 Old Country Road, Mineola, New York, a/c New York Telephone
Company, Mineola, New York ' and Village of Greenport, Greenport,
New York, for a special exception in accordance with the Zoning
Ordinance, Article III, Section 300, Subdivision 6a, for permission
to erect a telephone exchange building and accessory uses on
property of the Village of Greenport. Location of property: north
west corner Main Road, (Route 25) ,, and Moore's Lane, bounded
north by other land of Village of Greenport, east by Moore's Lane,
south by Main Road, west by other land of Village of Greenport. .
Fee paid $5. 00.
MRZ STANLEY CORWIN, ESQ. : I don't think it is necessary for you
to read the application, legal notice, etc. right now.
THE ,CHAIRMAN: I understand that I am suppose to do this, so I
guess I better.
The Chairman read the application for a special exception,
legal notice of hearing, . affidavit attesting . to its publication
in the official newspaper, and notice to applicant.
THE 'CHAIRMAN: Is there anyone present who wishes to speak
in favor of this application?
MR. S.TANLEY "CORWIN, ESQ. : I represent the Village of Greenport.
The Village certainly needs this new installation. The Village is
interested in disposing of its property and is interested in
assisting the Telephone Company in making this installation. The
statements made in the application are true in every respect. The
only resident in this area is the one on the north east". corner ' of
the Main Road and Moore's �Lane. The rest of the property is
surrounded by business. I don't .think anyone is going to oppose
this installation.
Southold Town Board of-AppeL__ -10- May 14, 19E
THE'CHAIRMAN:. I would be inclined to agree with the statement
of Mr. Corwin. I would also like to congratulate whoever wrote
and typed this application. Is there anything you would like to
add to it?
MR. DAMES J. MILLIGAN: I did the application and thank you. I
have nothing to add to °pit. These gentlemen,.. (there were three other
representative present at the heaving) ,, will be -happy to answer
any technical questions. The only change in the application is that
the building will be 80 feet by 80 feet: instead of 60 feet by 80
feet.
THE 'CHAIRMAN: The record.will show that the Telephone Company
amends their application by increasing the size of the building
from 60 feet by 80 feet to 80 feet by 80 feet.
MR. HULSE: I see them down there boring holes in the ground.
How many do they bore?
REPRESENTATIVE: About four 'or five.
MR. HULSE: How deep do they go?
REPRESENTATIVE: They go down 40 feet, and one hole goes deeper
to see what is further down.
THE 'CHAIRMAN: Will all the latest equipment be used in the
building?
REPRESENTATIVE: As modern• as we have.
MR. HULSE: Will this be the- "touch dial" that we see at the
Worlds Fair?
REPRESENTATIVE: Not until about 1967.
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
New York Telephone Company wishes to erect- a telephone exchange
building 80 feet- by 80 feet on the property of the Village of
Greenport,,, on the north west corner of the Main Road. The Board
finds that this building is a .necessity to the public. The building
will not create a traffic problem. There will be no, noise,z, gasesr
or odors coming from the building. The premises are accessible
to fire and other emergency equipment.
Southold Town Board of Appei -11 May 14, 19E
The Board finds that the public convenience and welfare and
justice will be served and the legally -established or permitted
use of the neighborhood property and adjoining use districts
will not be permanently or substantially injured and the spirit
of the Ordinance will be observed.
On motion by Mr. Gillispie.,, seconded by Mr. Bergen,,. it was
RESOLVED that- Sprague., Dwyer..,. Asplandt, & Tobin= Attorneys at
Law, 220 Old Country Road?, Mineola; New York. a/c New York Telephone
Company.,, Mineola., New York.,, and Village of Greenportz, Greenport.,,
New York:, be granted permission to erect a telephone exchange
building and accessory uses on property of the Village of Greenport=,
located on the north west corner of 'Main Road.,, (Route 25),t . and
Moore's Lane.., Greenport.,, New York.
Vote -of the Board: Ayes: Mr. Gillispiea, Mr. Bergens 'Mr. Hulse.
Mr. Roy Terryc. Southold.,• appeared before .the Board for an in-
formal discussion concerning Ulrich Marinat.. Jockey-Creek., Southold.
Mr. Terry felt that the land was being defaced by digging it out.
He also wanted to know if Ulrich Marina had the right to excuvate.
The Board advised him that Ulrich Marina has that right.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED that the minutes dated April 30, 1964.,. of the
Southold Town Board of Appeals be approved as submitted.
Vote of the Board: Ayes: Mr. Gillispie.,• Mr. Bergenz Mr. Hulse.
On motion by Mr. Gillispiet seconded by Mr. Hulse.,, it was
RESOLVED that the Board of' Appeals set 7:30 P.M. (E.D.S.T. ) t,
Thursday, May 28z 1964•.,. Town Office., Main Road.,, Southold= New York:;
as time and place for hearing upon application of Edna Brown.. East
Maxiona New York.,, a/c John A. LeBar,,, Box 53,1, RD 1..,, Stroudsburg..,,
Pennsylvanian fora variance and recognition of access in accordance
with the Zoning 'Ordinancex,, Article III, Section 303t, Article Xi,
Section 1000a, and the State of New York Town Law•.,• Section 280A.,,
for permission to divide and set off a lot with insufficient
width.., and for approval of access. Location of property: Right-
of-way off west- side Bay Avenue.,. East Marion., New York,t bounded
Southold Town Board of Appea�a -12- May 14, 191,-.-
north by Lake, east by-L. Baltzs, south by Bat,. and west by-Edwards.
Vote of the Board: Ayes: Mr. Gillispie.,, Mr. Bergen,. Mr. Hulse.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED that the Board of Appeals set 7:45 ' P.M. (E.D.S.T. ) s,
Thursday,, May 28s 1964,, Town Office, Main Road,, Southold,, New York,.
as time and place for hearing upon application of Joseph Milcetics
31-57 33rd Street, Long Island City,. New Yorke, for recognition
of access in accordance with the State of New York Town Law, Section
, 280A. Location of property: Right-of-way east side Boisseau Avenue,.
Southolds, New York, bounded north by E. C. Maiere. east by G:- Barazac:r
south by right-of-way-Maier,, west by John Milcetich.
Vote of the Board: Ayes: Mr. Gillispies, Mr. Bergen,, Mr. Hulse.
On motion by Mr. Bergen,, seconded by Mr. Gillispie,, it was
RESOLVED that the Board of Appeals set 8: 00 P.M. (E.D.S.T. )
Thursday.,. May 28,, 1964,a, Town Office,, Main Road,, Southold, New York,
as time and place for hearing upon application of- Stanley Corwinr,
Esq.,. Greenport,, New York, a/c Joseph Aveta:,. Goldin Lane, Southold,.
New York, for a variance in accordance with the Zoning Ordinance,,
Article III, Sections 303,, 306:s, 307s, 308,,, and Article Xs Section
1000as, for permission to change lot lines with insufficient side
yard, frontage, and area. . Location of property: Soundview Avenue
and Goldin. Lanes Lots No. 6,, 7,, and 21s, Southoldr, New York,
bounded,, north by Soundview Avenue,, east by Goldin Lane, south
by lot #20, map of . "Nathan Goldin"s, west -by-Levin.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergens. Mr. Hulse.
The next meeting of the Southold Town Board of Appeals will
be held 7:30 P.M.,,. (E.D.S.T. ) , Thursday, May 28,, 1964,r at the
Town Office,. Main Road,, Southold,. New York.
Meeting adjourned at 10: 55 P.M.
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Respectfully submitted
`Barbara L. Carrozas, Secretary
' a�cman
goat�i °f