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HomeMy WebLinkAboutZBA-10/22/1964 Ln Southold Town Board of Appeals S O UTH O LD, 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 Hulse, Jr. Mil N U T:E 'S SOUTHOLD TOWN BOARD OF APPEALS October 22,. 1964 A regular meeting,.:of the° Southold Town Board of Appeals was held at 7:30 P.M. ,, Thursday,, October 22,, 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: Messrs: Serge'Doyen, Jr. ,. - Charles Grigonis, Jr. PUBLIC HEARING: Appeal No. 711 - Upon application of John G. Glanders, Grathwohl Road, New Suffolk,, New York,, for a variance in accordance with the Zoning 'Ordinance,, Article III, Section 307,, for permission to attach the garage to the house with insufficient sideyard. - Location of property: east- side Grathwohl Road, New Suffolk,, New York, bounded north by Guido' Petrusa,, east by Grathwohl, south by Bruno,Zuhoski, west by Grathwohl Road. Fee paid $5.00. Southold Town Board of Appeals -2- October 2zr' 1964 Mr. Glanders hearing had been postponed from-September 240 1964, in view of the fact that he did not submit an accurate plot plan with his application. Mr. Glander was present at this hearing with the correct plot plan. The' Board and Mr. Glander discussed the layout of the property. Mr. Glander agreed to amend his application by eliminating the plot-plan shown on the building permit and replacing this with a survey of the property by Otto W. Van Tuyl & Son, dated February 21, 1960. THE CHAIRMAN: Anyone wish to speak against this application? (There was no response. ) After investigation and inspection the Board finds that John Glander wishes to attach the garage to the house, thus leaving an insufficient side yard. The Board finds that Mr. Glander has a unique hardship, in view of the fact that he has a pie shaped lot. Mr. Glander can not build on either side of the house. It is the opinion of 'the Board that this variance will not change the character' of the neighborhood. 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 G. Glander,, Grathwohl Road, New Suffolk,, New York,, be granted permission to attach the garage to the house with insufficient sideyard.. on property located east side Grathwohl Road, New" Suffolk,. New York. Vote of the Boardi Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. Southold Town Board of'Appuals -3- October 2z, 1964, PUBLIC HEARING: Appeal No.. 717. - 7:30 P.M. (E.D.S T. ) , upon application of, Robert Hyatt, Southold, New York, . a/c 'W:K. Vanderbeck,, Minehaha Blvd. ,- Southold,, New York, for' a variance in accordance with the Zoning Ordinance,, Article III,, Section 300,, Subsection 7, and Section 309, for permission to build a private detached garage with insufficient side yard. - Location of property: north west corner Minehaha Blvd. ,- Southold,, New York,, bounded north by J. Lohn, east by Minehaha._Blvd. l, south by Minehaha Blvd. , west by J. Lohn. 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: Anyone present wish to speak in favor ' of this application? (Mr. Hyatt was present to speak for the application. The Board and Mr. Hyatt discussed the location of the property. Mr. Hyatt stated that if the garage was attached to the house it would spoil the interior of the house by blocking a window. It .was established that this house was built prior to. the Zoning Ordinance. Mr. Hyatt stated that the garage could not . . be located on the other side of the house because that. was considered the applicant's front- yard. ) THE'CHAIRMAN: Are there anyoother questions? a MR BERGEN: How far is the other corner of the garage from the line?. MR. HYATT: Abuut 6 or ' 7 feet. I don't really know. THE CHAIRMAN: Anyone present wish to speak in opposition of this application? (There was no response. ) After investigation and inspection the Board finds that Robert Hyatt? a/c 'W.K. Vanderbeck wishes -to build a private detached garage with insufficient side yard. This garage will be built on the northwesterly corner ' of the lot. The Board finds that this is an odd shaped lot and the proposed- location of the garage is the most sensible location. This will enhance the beauty of the property, rather than degenerate its value. The Board finds that this house was built prior ' to the' Zoning Ordinance. SOUTHOLD Town Board of Appeals , -4- October 2z� 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,a] properties alike in the immediate v.icihlty. 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. Hulse, it was RESOLVED That Robert-Hyatt, - Southold,. New Yorke a/c 'W.K. Vanderbeck, Minehaha Blvd. ,, Southold,. New York, be granted permission to build a private detached garage with insufficient - side yard,, on property located north west corner*Minehaha Blvd. & Southold, New York, subject to the following conditions: 1. The garage shall be at least 18 inches from the property line on the- north. 2. The northeast :corner of the garage. shall be at least four and .one-half (4 2) feet from the property line. 5.4i:�The easterly line of the garage shall be on a line parallel,,;,to, and not projecting beyond the front of the .house. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC FEARING: Appeal `No. 718 - 7:45 P,M. (E.D.S.T.) ,. upon application of Tryac Truck and' Equipment-Company, Youngs'Avenue and Middle Road, Southold, New York, fora special exception in accordance withth.e' Zoning Ordinance,.- Article IV,. Section 408, Subsection (c) , for permission to erect an on the premises sign. Location of property: north east corner of Youngs Avenue and Middle Road, bounded north by Gagen, east by gagen, south by Middle Road, .west by Youngs Avenue. 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-Appeais -5- October_ 221 -1964 THE 'CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? (Mr. Henry Stanewicz s. Manager., was,,-.present-to speak in favor of this application. Mr. Stankewicz stated that the .old ground sign on the premises will be taken down. The Board and Mr.- Stankewicz discussed the relationship between Tryac Truck and Equipment- Company and LIPCO. The structure of the proposed sign was also discussed. Mr.- Stankewicz stated ;that-no. other signs other than the one in question would be put- on the premises. ) THE 'CHAIRMAN: Are there any other questions? (There was no response. ) THE 'CHAIRMAN: Is there anyone present who wishes to speak - against this application? STEPHEN--CAMPBELL: Yes, Unless the other sign is remoyred` this sign should be contingent. No sign should be permitted until the present. one .is removed. (Howard -Schwarting was also present to express his concern about the present sign that Tryac Truck & Equipment--Company now has. The present sign is on County property and he feels this should be taken down. The Chairman advised him that this ground sign would be taken down, before the new sign was installed. ). THE' CHAIRMAN: Anyone else w1sh .to speak on this application or ask any questions? (There was no response. ) THE CHAIRMAN: Anyone else wish to speak in opposition to this application? (There .was no response.) After investigation and .inspection the Board finds that Tryac Truck-& Equipment-Company wish .to erect- and display a "INternational Harvester" sign from the center o.f the top of , the building. The Board also finds that -insert panels. will be attached to the main structure. The sign is to be 4' 2" by 4' 2" by 9' 211. This sign will be illuminated. The complete area of the sign does not exceed 81 square feet (626" x 12'6"). Southold Town Board of- Ap als -6-- October''22-,_'.196.4 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. Gillespie,,. seconded by Mr. Hulse, it was RESOLVED that Tryac Truck and Equipment- Company, Youngs 'Avenue, and Middle Road,- Southold, New York, be granted per- mission to erect and display an International Harvester= Sign, and further permission is granted to attach-insert panels to the main structure, on property located north east .corner ' of Youngs 'Avenue, and Middle Roads-Southold, New York, subject to the following conditions: I. There shall be no wall signs on this building. 2. The non-conforming existing sign shall be relocated to conform with the Business Zone of the ' Southold Town Ordinance. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC FEARING: Appeal No. 719 - 8: 00 P.M. (ED.S.T.) , upon 'application of Island=s End Golf and Country *Clubk. Inc. , North Road, Greenport,, New Yorks for a special exception in accordance with the'Zoning Ordinance,. Article 11 Section 300,_ Subsection 5, --(as amended) , for permission to operate a golf course and golf facilities. Location of property: north side North Road,. Green- ports New York,,. bounded north by Long Island. Sound, east generally by L.V. Brown-W.C. Brown-Greenport,. Water' District-ALR. Francisco,, south by North Road .(route 25) , west by"W.F. and .J.T.- Haneman and others. Fee paid $5. 00. The- Chairman opened the hearing by reading application for special exception, legal notice of hearings, affidavit attesting to its publication in the official newspaper, and notice to the applicant. Southold Town Board of Appeals -7- October 2,"_' ,-- '1964 THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? Mr. Ernest Rictor and Mr.- Louis Komerak were present to speak in favor of this application. Through discussion it was determined that the golf course is open to the public and they may obtain season tickets by buying 10 shares of stock. Persons paying green fees may also use the course. The original investors in this corporation had bonds. These bonds holders have converted each $500. 00 of bonds into 15 shares of stock. The treasurer of the club may issue stock: and there are 50,000 shares of stock that may be issued. There is presently about 230 stockholders, 100 of which are holders of season tickets. The fiscal year for the corporation runs from-May lst to April 30th. A practice area is planned away from the highway. There is a house on the property which is occupied by the greens- keeper. A beach area will be opened to people who are stock- holders and those paying green fees and guest. It is expected that these people will have stickers for their cars to use the beach. It is possible that a lifeguard will be employed. There will be parking area at the beach. The club has lockers available and showers are planned. There is also a bar and snack bar, and a pro-shop where golf equipment is available. These facilities are only to be available to stockholders and those paying green fees. The applicants do not plan to expand the snack. bar to a restaurant. It was established that there is adequate parking facilities available in front and in back of the club house. 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 Island's End Golf and Country Club wish to operate a golf course and uses incidential thereto. The creation of this recreational facility will: in the Board's opinion, provide a much need additd=al amusement area for a rapidily growing population. Southold Town Board of Appel,- _�A -84 October' 22, -'64 The Board finds that "the following facilities are planned or are now availabe at- Islands End -Golf &' Coup yy Club: Bar and snack bar, swimming pool, tennis court, practice areas. club room, locker room,, shower and steam .rooms, beach area,, and pro-shop .where golf equipment is available. The Board points out that all facilities incidental to the golf course are to be used only by the stockholders or ,persons paying green fees, or guest. However, the club may authorize non stockholders use of the beach area for a fee, and these persons- may use the club facilities. The Board finds that- adequate parking will be available. The Board also finds there is a house on the property to be occupied by the greenskeeper. It is the opinion of the Board that the creation of this golf course will assist the ordetly and reasonable use of adjacent areas, will snot prevent any present permitted uses from continuings_ will add to the health,, welfare, and comfort of the Town, and will be in harmony with and promote the general purpose of the' Ordinance. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use Hof 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 Island=s" End Golf and Country -Club, Inc. ,. North Road, Greenport,New Yorks be granted permission to operate a golf course and facilities incidental thereto, on property located -north side North Road,, Greenport, New York, subject to the following condition: 1. All facilities availabe at: the golf club may be used only by the stockholders, persons paying green fees and/or guest. This particularly applies to the.bar and snack bar. vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 699 - Upon application of-Going Sign Company, Inc. , 206 Front Streetemineola, New York, for a special exception in accordance with the Zoning Ordinance,- Article Iv, Section 408,. Subsection .(b) , for-permission to erect a sign Southold Town Board of AppE6_Y1,s -9- October, 22, - 64 on the west wall of the Bohack building in Mattituck. Location of property: south side Main Street, Mattituck, New York, bounded .north by Main Road,, east by N.- Kouros, south by Reeves Brothers, west by,C. Howell. - Fee paid $5.00. This hearing was postponed from a meeting held on 'August 6a, 1964. - At that time there was much controversy about signs in Southold Town. The hearing was postponed in hopes -that - the issue of signs would be cleared up by -October. On' October�8, 1964, the Board.wrote "Bohack" a letter advising them .that- the Board would not -go along with the size sign they requested, however, they would be willing to permit- a sign a few inches high reading 1113ohack" THE CHAIRMAN: .Is there anyone present-who wishes to speak in favor of ' this application? (Mr.. Leon Milowskir. Jr. , manager of'Bohack was present to speak in favor ' of this sign. He stated that they had a smaller sign they could use. The "B" would be 28" high and the rest- of the°word Bohack would be 14" high. The Board felt that this was to large also) 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 "Bohack" in Mattituck wishes to erect a sign on the west wall of the building. Their proposed sign is 14" high exclusive of the "B" which would be 28" high. The Boax?d feels that this is too large, in view of the fact that this same building has "Bohack" on the east wall and on the front of the building in letters 16" high exclusive of the "B" which is 39" high. There- fore the Board feels that a sign with letters 8" high with the "B" being 16". high, placed over the west door of the building would be sufficient. 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. Southold Town Board of Apl'.,, Ls -10- October, 2, '1964 'On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Going 'Sign Company, 206 Front- Street, , Mineola, New York,, a/c Bohack,, Mattituck,, New York, be granted permission to erect a sign on the Bohack building, located south side Main Street, Mattituck, New York, subject to the following conditions: 1. The sign shall read "Bohack" with letters 8" high, exclusive of the- "B" which shall be ".16" high, to be placed over the west door of the building. 2. The sign shall be no.wider than 7 feet. Vote .of the Board: Ayes: Mr. Gillispiet Mr. Bergen,, Mr.. Hulse. 20n motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes of the' Southold Town Board of Appeals dated October 8, 1964, be approved as submitted. Vote of the Board: Ayes: Mr. Gillispie,, Mr. ' Bergen, Mr., Hulse. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was .RESOLVED that the Southold Town Board of Appeals 7:30 P.M. (E..S.T;) r. Thursday,- November 5,. 1964, at the Town Office, Main Road, Southold, New York,, as time and place''of hearing upon application of George' Sacheys, Soundview-Avenue, Mattituck, New York,.for a variance in accordance with the Zoning Ordinance, Article III, Section 300,- Subsection 7, for permission to locate a private detached garage in the front yard area. Location of property: north side' SouilUview Avenue= Matt =ituck, --New York, bounded north by 'Long Island Sound, east by Wilsberg, south by 'Soundview Avenue, west .by Frank Arnold. Vote of the Board: Ayes: Mr. Gillispie, Mr, Bergen, Mr. Hulse. On motinn by Mr. Bergen: seconded by Mr. Hulsey it was RESOLVED that the Southold Town Board of Appeals set 7:45 Southold Town Board of Appe;-.,,c` -11- October 22, i964 P.M. (E:S.T. ) , upon application of:John Gamble,, 10-Annette'Avenue, - Smithtown,. New York, for recognition of access. in accordance with the' State of New York Town- Law, Section 280A. Location of property: private right-of-way off south side Bayview 'Avenuel Southold,,,- New York,, bounded north by private road,, east by R.J. Turner, south by Peconic Bay, west-by'Edward Mills. Vote of the Board: Ayes: Mr. Gillispie,, Mr. Bergen, Mr. Hulse. On motion by Mr. Hulse,. seconded by Mr. Gillispie,, it was RESOLVED that -the ' Southold Town Board, of=Appeals set 8: 00 P.M. (E.S.T.�,- Thursday.. (!November 58 1964, at the Town Offices Main Road, Southold, New York, as time and=`.place of hearing upon application of California Oil Company,, RFD 4,- Westminster: Avenue, Huntington: New York, fora special exception in accordance with the Zoning Ordinance, Article IV.,,,. Section 408 f, Subsection (c) for permission to erect an on premises sign at the -Chevron ' Service Station .in Southold. - Location of property: Bayview Avenue and Main Road, Southold,, New York, bounded north by Bayview Avenue and Main Road, east by Bayview Avenue, south by Jose Depaz, west by Main Road. Vote of the Board: Ayes: Mr. Gillispie,Mr. Bergen, Mr. Hulse. On motion by Mr. Bergen, seconded by Mr. Hulser;. it was RESOLVED that the Southold Town ,Board of Appeals set�8:30 P.M. (E.S.T. ) , Thursday, November 51. 1964, at the Town officer- .Main Road, Southold$. New York;,; as time and place of hea3iing upon application of Carl & Ethel Besch, Main Road, Mattituck, New York for a special exception in accordance with the 'Zoning Ordinance, Article III, Section 300,- Subsection -4A, for permission to operate a riding academy. Location of property: north side Main Road, Mattituck, New York, bounded north by. Long Island Railroad, east by Kersnowski.=Price,. south by Main Road,, west by Wm.. Matson. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen: Mr. Hulse. Southold Town Board of Appel;." -12- october 22., -J64 A letter was written to Mr. George Leone,.- Suffolk'County Health Department asking him to advise the Board of his experience with the Beach operation, in order that ,.:.the Board may make an intelligent decision. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday,, November 5, 1964, at the Town office, Main Road, Southold, New York. . Meeting adjourned 10:30 P.M.- Respectfully submitted, X CXUIL*-60' Barbara L. Carroza, Secretary AP V%U Ct iri�rar► board of Wea