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HomeMy WebLinkAboutZBA-12/17/1964 �� • t•�`• �"M..�t t.. } .:i�J�...+:.�`•�W.Y1.'i6.dew'L+arL��.._...e��;3, . o y T Southold Town Board of Appeals SOUTHOLD, L. L, N. Y. 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 December 17s.1964 A" regular" meeting of the-'Southold Town Board of Appeals was held at".7:30 P.M."a Thursdays.- December 17s. 1964s at the Town Offices, Main Roads.. Southolds. New York. There were present: Messrs: Robert-W.. Gillispies. Jr. s, Chairman; Robert -Bergens, Fred Hulsey: Jr. Absent: Messrs: . Charles Grigoniss. -Tr.-,,, Serge' Doyenr, Jr. PUBLIC HEARING: Appeal No. 735 ' - 7:30 P.M.- (E.'S:T:)a; upon application of Valentine W. Stypes, Main Roads. Mattitucks. New Yorks for a special. exception in accordance with the Zoning i ordinancem. Article IIIs, Section 300a. Subsection lls, for 'per- mission to erect an advertising sign on the property of:Edna Andrews. Location of property: south side Main Roads. Laurels. New Yorks bounded north by Main Roads, east by Fleischmann-Kahns. south by Long Island Railroads; west by Chas. McNulty. Fee paid $5.00. a { ° Southold Town Board of App s -2- December 101964 The Chairman opened the hearing by reading application for a special exceptions, legal notice of hearings, affidavit attesting to its publication in the official newspapers. and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? ;(There was no response. ) 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 wishes to erect an off premises advertising sign. This sign would be 4 feet by 6 feet', and would read as follows: "Val W. Stypes, Appraisers, Real Estttes Insurance,; Main Roads Mattitucks Telephone MAttituck 9-8481 or PE 4-6172". The Board of Appeals has never in the past granted an advertising business sign off premises except in the instances of those involving the furnishing of foods lodgings. and amusement areass, which are directional signs only. Consequentlys. to grant this privilege would be to grant a right that is deniedto all others. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or ' substantially injured and the spirit of the Ordinance will not -be observed. On motion by Mr. Gillispies seconded by Mr. Hulse, it was RESOLVED that Valentine W. Stypes Main Roads Mattitucks New Yorks be denied permission to erect an advertising sign on the property of Edna Andrewss. located south side Main Roads Laurels. New York. ; Vote of the Board: Ayes:-Mr. Gillispies, Mr. Bergens, Mr. Hulse. ` Southold Town Board of APP s -3- December 1 1964 PUBLIC HEARING: Appeal No. 736 - 7:45 P.,M:{(E:S.T:)�. Upon application of John Haponic, Southold, New York, a/c Mario Fran- zone, Arshamomaque Avenue, Southold, New York, for a variance in accordance with the Zoning ordinance,. Article III,. Section 307, for permission to construct an addition to the existing dwellin g with insufficient side yard. Location of property: east side Arshamomaque Avenue, Bexidon' Estates, Lot-#13a, Southold,, New `Fork. '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 appli- cant. John Haponic a/c Mario Franzone,_ idenified pictures of the property in question, .,'' THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? ;(John Haponic was present,. however had nothing further' to add to the application itself. The dimensons of the addition were briefly discussed. ) 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 wishes to build an addition to the existing dwelling with insufficient side yard requirements. It is the opinion of the Board that the addition to the Franzone house will not change the character of the neighborhood. The use of the property will remain an one family dwelling. At its nearest point to the southerly line,. the proposed addition will be at . least 12 feet. Since the total area involved is approximately 21,750 square feet, it is well in excess of the Zoning mininum requirement for area. There will be no overcrowding of land. By the construction of this facility.- the neighboring house to the south is approximately 15 feet from the line, which is within the present zoning requirements. Southold Town Board of ArQ s -4- December 1 1964 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, - on motion by Mr. Gillispie,. seconded by Mr. Bergen, it was RESOLVED -that John Haponice: Southold,, New York,, a/c Mario Franzone* Arshamomaque Avenue*, Southolde.- New York, be granted permission to construct an addition to the existing dwelling with ,-insufficient. side yard requirements,, on property located .east side'Arshamomaque Avenue* Bexidon Estate, Lot #13, Southold,, New York. Vote of the Board: Ay.gs -jr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No.. 737 - 8: 00 P:M ;(EST) ,, Upon application of Donald R. Gildersleeve,, Wickham-'Avenue,, Mattituck, New York,; for a variance in accordance with the� Zoning Ordinance, - Article III,, Section 303, Article x& Section 1000A,, for permission to reduce frontage of lot. Location of property: west side Wickham Avenue, Mattituck,, New York,, -bounded north by`E A . Wood- ward,. east by'Wickham:'Avenue, south by Annie Tuthill,. west by John Keogr. 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 appli- cant. . THE' CHAIRMAN: , Is there anyone present who wishes to speak for this application? - ,(Mr.. Donald Gildersleeve was present -at` the hearing: He had- nothing further to add to the application. It was determined that the lot in question is approximately 250 feet deep and has an area of approximately 11h.,,000 square feet- after the applicant sells 10 feet of the frontage) THE CHAIRMAN: is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of A e s -5-- December 17•1964 • PP o. ' After - investigation..and inspection the Board finds that the applicant wishes to sell 10 feet of his property on;Wickham Avenue to' David and. Barbara-• Tuthill,, adjoining property• owners. The parcel of land onned by the applicant is approximately 250 feet deep, and 75 feet wide on-Wickham :-Avenue. After the applicant. sells 10 feet on•Wickham Avenue, he will still have approximately 17,,000 square feet of area, which is well in excess of the area requirements of -the Zoning Ordinance. The Board -is of- the opinion -that. this variance will not in any way change the character of• the-�.neighborhoode, in view of the fact that the property in question is being sold to the, adjoining property owners on the south. 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. On motion by Mr. Gillispie, seconded by Mr. Bergen, it mas RESOLVED that-Donald•R. Gildersleeves, Wickham -Avenue, Mattitucks New York, be granted permission to xeduce frontage of-lot= by -selling 10 feet on :Wickham -Avenuee - Location of - property: - west side'Wickham-Avenues, Mattitucks New York.. Vote of the Board: •Ayes: Mr: Gillispie&• Mr. Bergene Mr. Hulse. The Board of= Appeals. again took up the matter of the Simonsen Estate. This was a hearing upon application of christi:an Simonsen Estates. Oak and Birch Avenues,- Southold, New Yorke• fora variance in accordance with the Zoning Ordinance,. Article iII,,- Section 303, and Article 'Xs. Section 1000A0. for permission to divide and sell lots with insufficient frontage and area. Location of property: west side Birch Avenues. east side" Oak Avenues. Goose Bay Estates,. Lots No; South west' one-half of 228s, 229e 230, and south west one half of 251s, 252s, 253s. and 254e.. Southold, New York. _. Southold Town Board of A _ pp0ls -6- December l0, 1964 After investigation and inspection the Board finds that the applicant wishes to divide and sell property with insufficient frontage and area. ' The Board is in agreement with the reasoning of the applicant as stated in the application'. . To deny this division of property would be to deny a privilege that .is enjoyed by many others in Goose Bay Estates. The Board also. finds .that the original covenant restrictions for building plots for this develop4ient. required the purchase of three lots of 20 feet by 120 feet, or in other words, an area of 7,.200 squarer: feet. The Board also finds that Mr.. Simonsen,: the original owner- ,of this property. was in possession of the lots that were used to straighten all .the other- lines- to parrallel position. it is apparent from this Board='s investigation that the Simonsen' Estate is in possession of 70 feet on Oak: Avenue,, tapering down to 60 feet in, width and 120 feet. in depth at .the easterly or rear end of the property: It is also apparent that during the years he owned the property on Oak' Avenue, he acquired one by one,. lots 230,, 229,, and one half of 16t 228, to the rear. While this Board is not in favor of reducing the requirements for building lots, it is apparent., in the Boards opinion, it would be an injustice to deny the division, of this propertys. acquired prior to the passage of the Zoning Ordinance,, when many other houses presently exist in the development on lots which are normally 60 feet by 120 feet. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is uniques, in respect-. to the irregular - shape of the lots? 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. � On motion by Mr. Gillispies, seconded by Mr. Bergen., it was RESOLVED that the Christian Simonsen Estates; Oak'Avenue,, and Birch Avenue,. Southoldc, New York,, be granted permission to divide and sell property with insufficient .frontage and area on property located ewest- side Birch Avenue, east side Oak Avenues. Goose Bay Estates,, Lots Nos south west one half :of 228, 229,, and 230,,, and south west one half of 251,,, 2528 253,. and 254,, Southold,; New York. vote of the'Board: Ayes: Mr. Gillispies, Mr. Bergens Mr. Hulse. Southold Town Board of App is -7- December A, 964 PUBLIC HEARING:- appeal No. 738 - 8:15' P:M.' (E;'S,'T.;)',. Upon . application- of Marjorie'Douglass, King Streets; orients. New York,, ;for a variance- in accordance with the Zoning• Ordinance,,. Article III.,, Section 303,'. 304,, 307,, and Article Xs;'Section 1000A,, for permission .to divide and .sell property with insufficient front- -age. . Location of property: south side King Street,, Orient, New York, bounded north by King Streets. east by- other land .of Marjorie' Dou.glass�s. south by Robert -Douglass,. west by Nelson Douglass Estate. Fee paid•#5. 00. The Chairman opened the hearing by reading application for a,variance,, legal notice of hearings, affidavit attesting to :its publication in the official newspaper,_ and notice to ' the appli- cant, -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. ) After investigation and inspection the Board finds that the applicant-wshes -to divide and sell property with insufficient frontage and area. The Board finds that the property in question is-- 59:69 -feet in the front, 58 feet in the rears, and 155. feet deep. The Board is in complete agreement with the reasoning of the- applicant as stated in the written application to this Board. . Specifically,, there. will be no change in the charac.ter' of the neighborhood. There is no way to enlarge this -lot. 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. - on motion by Mr. Gillispie,, seconded by Mr. Bergen,: it was Southold Town Board of Appeals -8- December 17,, 1964 RESOLVED that..Marjorie'Douglasse, King Street,, Orient, New Yorks be .granted .permission to divide and sell property with insufficient frontage .on property located south side King Street, Orients New York. Vote of the Board: Ayes: Mr. Gillispies. Mr. Bergen,, Mr. Hulse. PUBLIC .HEARING: - Appeal No, 739 - 8:45' P M:;CEO S;T ').a, Upon. application. of Lefferts P. Edson,_- Esq.,.- Southold... New York-,, a/c Lounsberry Estates, Southold, New York,r,, for, a variance in accordance with the Zoning' Ordinancer, Article III,, Section 303,, Article 'X,. Section 1000A..., for permission to divide property: Location of property: north side Soundview-Avenue�r, Southold, New, York.. bounded .north by Pohl--Lounsberry,, east by other land of-Lounsberry., south by 'Soundview Avenue.,.., west by other land of Lounsberry. Fee paid $5.00. The Chairman opened the .hearing by reading application for a v:ar:iance,,, le.gal .notice of .hearing,r affidavit attesting. to its publication in the official newspapers, and notice to the appli- cant. THE' CHAIRMAN:. Is there anyone present who wishes. to speak in favor of- this application? LEFFERTS P:­ EDSONia.' ESQ : I wish to speak for it,.., for 'the reasons stated in the application. i.(Mrs. DeP.az gave a brief :history of the ownership .of the property_ in question. Mr. Lounsberry used to rent the houses on the property.) THE.CHAIRMAN: Does anyone else have anything to add to this application,- or have any questions? (There was no response.) TI-E CHAIRMAN: is there anyone present who wishes to speak against this application? ;,(,There was no. response.) Southold Town Board of Appeals -9- December 17&, 1964 After investigation and inspection the Board finds -that the applicant. wishes to divide and set off a lot. The Board is in complete agreement with the reasoning of the applicant . as stated in .the written application to the Board. This property will be divided as shown on the survey by Otto Van' Tuyl &'-Sono dated October 288; 1964. The Board finds that strict- application of the Ordinance will produce practical difficulties or unnecessary harclhhip; 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. On motion by Mr. Hulsea, seconded by Mr. Bergen&, it was RESOLVED that Lefferts P.- Edson, Esq.,.., Southold, New York&, a/c Lounsberry'Estates, Southold,. New York,, be granted permission to divide property&, property located north side -'Soundview-Avenue&, Southold, New York. Vote of the Board: Ayes: Mr. Gillispie,, Mr. Bergena, Mr. Hulse, The Board next took up the application of=Carl &' Ethel Besch,m, Mattituck r- New York. This application was for a riding academy on property located on the' Main Road, Mattituc]� New York. . After investigation and inspection the Board finds the following: The premises in question consist of approximately 512- acres of land located on the north side of New York-State Route 25 in the vicinity of the Hamlet of Mattitucke. The property is bounded on the north by Long Island Rail Road tracks and right-of-way and on the south by the aforesaid highway which is one of the two main highways servicing the North Fork and .the. Town of' South- o,ld. Lying immediately to the east of the premises is property owned by one Henry Kernowski upon which a farm vegetable stand is being operated and .has been so operated for ten to- twelUe years last past. On the south side of Route 25 ' and in the vicinity Southold Town Board of App s -10- December 10,1964 of the premises is a real estate office established -in the Spring .of this year. Applicant stated at- the hearing that he acquired the property in 1962 and from the date of" pur- chase has used the premises for the stabling of horses. Some -of- the horses are owned by the applicant- and occasionally other horses may -be boarded on the premises for pay. - Applicant also stated that horses were rented out for riding purposes to ethers for hire on an hourly.., daily or longer periods of time. ' Applicant stated that he is also in the business of buying and selling horses and colts and that approximately twenty horses are maintained on the premises. The buildings used for the housing of the horses were formerly chicken houses and were converted for stable use. The applicant has had -a small riding track bulldozed .on the premises. Upon inspection of the premises the Board found that the area lying between the highway and the buildings is completely devoid of 'any vegetation and consists of bare earth which generates dust. There was testimony taken at the hearing indicating the existence of flies and unsanitary conditions which was confirmed by an inspection of the premises by the Suffolk County Board of Health whose report to this Board also indicated rodent i.nfestatione improper disposal of manure and poor stable- conditi:ons, Testimony at the hearing also .indicatel that the fly problem was injurious to the Vegetable stand business and real estate office located adjacent to and in the vicinity of the premises. Mr. Kernowski.a, the owner of the. vegetable stand testified to a reduction in the volume of his business caused by the fly problem. There was also testimony at the hearing that in the summer of, 1964 one of the horses was killed by the Long Island Rail Road train and that the rider of such horse 'narroww escapedinjury.. At the hearing the applicant testified that persons using horses housed on the premises ride the horses on the premises as well as on the premises to the north and across the Long Island Rail Road tracks. Applicant stated that permission to use the premises to the north was obtained from the owners of said premises. However& upon investigation this Board ascertained that the owners of said premises lying to the- north have' not -given permission for the use of thei.r' property for -this purpose and letters to this effect are on file with this Board, it is the position of the applicant that-when he acquired , the premises he had a legal .right to use the same for -the stabling of horses and that -the only use requireing a special exception permit is the riding academy use of the premises. At -the time ' -'Southold Town Board of Ap_ -.is -il-- December , 1964 that the applicant acquired the property in 1962,_ the .property was zoned "A" Agricultural. and-Residential-District, It .is the., position of the applicant that the stabling of horses is embraced within the term "agricultural farm" in' Article Ill.., - Section 300,, Subdivision 4, of the Ordinance. it is this Board8s opinion that theterm' "agricultural farm" permits only the raising of crops and uses incidental thereto and does not include the use of premises for the raising and keeping of animals or for animal husbandry. When the applicant purchased the property in 1962 - the use of premises as stables was permitted in the "B" Business' District pursuant toArticle IV,, Section 400,- Subdivision 10,, of the Ordinance. This Board believes that this position is borne out -by the fact that in an amendment to Article III and Article IV. of the Ordinance adopted on July 71, .1964,, ,effective July 27,, 1964, it permitted "stables and riding academies when authorized as a special exception by the Board of: Appeals when hereinafter provided" in the "A" Agricultural and Residential District. Therefore, this Board believes that the applicant at no time had a legal' `<Zright to use the premises for 'the present use without- obtaining a special exception from this Board.' . From the above,,; this Board .hereby determines: 1) That the proposed use of the premises will prevent- the orderly and reasonable use of permitted or legally established .uses in the district- wherein the proposed use is to be located. 2) That the safety,,, the health,, the welfare, .the comfort, the convenience or the order of the Town will be adversely affected by the proposed use and its location. 3) That- the use will not be in harmony with and will not promote the general- purpose and intent of the 'Zoning Ordinance. On motion by Mr. Bergent, seconded by Mr. .Hulse,, it was -RESOLVED that-Carl &Ethel Besch,, Main Road, Mattituck,, New York, be denied permission to operate a riding academy on property located north side 'Main Road, Mattitucka New York. It. was further'RESOLVED that the use of these premises for a live-rya, for the raising and keeping of horsesa, stabling of horses,, or any other form of animal husbandry is hereby denied. Vote of the Board: - Ayes: Mr. Gillisp�e,, Mr, Bergen,., Mr. Hulse. • Southold Town Board of App is -12- December �., 1964 A letter was written to Town Attorney$. Robert Tasker advising him of the lack of supply of the' Southold Town Building."Zone' Ordinances. The Board thought -that perhaps he could use his influence to speed up the production of more copies of the' ordinance, On motion by 'Mr. Gillispie., seconded by Mr. Hulse., it was RESOLVED -that the Southold Town Board of Appeals approved the minutes 4f'December" 3,. 1964t. as submitted. Vote of the Board: Ayes: Mr. GillisprLd j. Mr. Bergen., Mr. Hulse. There were no new applications for the Board of' Appeals., therefore, no• date has been set for the next meeting of the Southold Town Board of- Appeals. Meeting adjourned 9:40 'P:M.- Respectfully submitted., Barbara L." Carroza. Secretary. py � P n , a Ci�a