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HomeMy WebLinkAboutZBA-10/08/1964 Southold Town Board of Appeals 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 Hulse, Jr. MINUTES SOUTHOLD TOWN 'BOARD OF APPEALS October 8, 1964 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. , Thursday, October 8, 1964, at the Town Officer Main Road, Southold, New York. There were present: Messrs: Robert-W. Gillispie,. Jr.., Chairman, Robert Bergen,,, Serge Doyen,, Jr,, and Fred Hulse, Jr. - Absent: Mr. Charles Grigonis. On motion by Mr. Gillispie, seconded by Mr._ Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated September 24, 19641, be approved as submitted. Vote -of the Board: Ayes: -Mr. Gillispie, Mr. .Bergen,, Mr. Doyen, and Mr. Hulse. i Y Southold Town Board of -2- October 8, 64 PUBLIC DARING: Appeal No. 714. - 7:45 F.M.:(E.D.S.T. ) ,, upon application of Donald Frederick, Southold, New York., a/c Charles Essman &-Wife, Kenney's Road, and Wesland Road, Southold,. New York, for a special exception in accordance with the Zoning Ordinance,,- Article lilt. Section 3060 for permission to construct anul. addition to the existing dwelling with insufficient setback. Location of property: south east corner' Wesland Road and Kenney"s Roads Southold, New York, bounded north by Wesland Road, east by Sylvester=Smith, south by J.E. Fontana, west by Kenney's Road.Fee $5. 00 The Chairman opened the hearing by reading application for 'special exception, legal notice of hearing,. affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? ,(Mr. Frederick was present to speak in favor of this application. Through discussion it was brought out that this application will not set a precedent in the area,. since it is almost fully developed. There are other houses in the area that are not 35 feet back from the road. It was determined that the proposed addition will be 14' x 24'. ) THE CHAIRMAN: Is there anyone present who wishes to speak in opposition to this application? (There was. no response. ) After investigation and inspection the Board finds that Donald Frederick a/c' Charles Essman wishes to build an addition to an existing dwelling with insufficient setback fromthe road. The addition will be 22' from'Wesland Road, and 60' from Kenney's Road, the heavily traveled road at this intersection Other houses in this area are less than 35 feet from the road. The Board finds that the safety and welfare of the town willnot be affected adversely. ' 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 Appq__�,a s -3- October 8, '­_-_154 Ori motion by Mr. Gillispie, seconded by Mr.. Hulse, it was RESOLVED that Donald Frederick, Southold, New York., a/c Charles Essman & Wife, Kenney'.s Road and Wesland Road, Southold, New York, .be granted permission .to construct an addition to the existing dwelling with insufficient setback on property located south east- corner'Wesland Road and Kenney's Road, Southold, New York. , Vote of the Board: Ayes: -Mr. Gillispie, Mr. Bergen, Mr.- Doyen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 715 - 8: 00 P.M. (E.D.S.T. ) , upon application of`Geoxge'Ahlers, Eugene's Road,.. Cutchogue, New York, _ a/c George Krieling, Lupton's Point, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, - Section 300,. Subsection 7, for permission to construct an accessory building in the front yard area. Location of property: north side Lupton's Point, Mattituck, New York, bounded north by'Deep Hole ' Creek, east by -Wm. F. Eske, south by private road (Lupton's Point) , west by Blanche•Weese. 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: Is there anyone present who wishes to speak in favor of this application? (Both Mr. Ahlers and Mr. Krieling were present at this hearing. Through discussion... it was determined that there is a slope in the rear yard area of this land. The house adjacent on the west is considerably close,, thus presenting a problem to attach the garage to the house. There is also an old white oak tree that would have to be removed to attach the garage to the' house. ) THE CHAIRMAN: is there anyone present who wishes to speak against this application? (There was no response. ) I ' Southold Town Board of-Appeals -4- October i 1 THE CHAMIAN: Are there- any -other questions while Mr. Krieling is here? (There was no response. ) After investigation and inspection the Board finds that George'Ahlers a/c George Krieling wishes 'to construct a garage in- the front yard area of theuproperty. The Board finds that an eighteen per cent grade exist on the west side of the house. The Board also finds that it is customary in the area to build garages in the legal front yard area, in order to avoid blocking the view of the water on both sides. Many garages of `this type exist on Lupton's Point Road, a private road. This variance also has the advantage of saving an old white oak tree. 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 distriit. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that George Ahlers,, Eugene's Road, Cutchogue.s. "New York, •a/c George Krieling, Lupton's Point, Mattituck, New York, be. granted permission to construct a private detached garage in the -front yard area of property located north side' Lupton's Point, Mattitutk, New York, subject to the following conditions: 1. The garage shall be located at least 20 feet from the front yard property line. 2. The garage shall be located at least- 5 feet-- from the side yard property line on the west. Vote of the Board: Ayes:Mr. Gillispier Mr. Bergen, Mr. Doyen, and Mr. Hulse. ' Southold Town Board of-Appeals -5- October 8, =164 PUBLIC BEARING: Appeal No. 716 - 8: 3 0 P.M. (E D.S.T. ) , upon application of Caberon Properties, Inc. , Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III,, Section 300, Subsection 5, for permission to construct, and operate a public golf course. Location of property: Cutchogue, New York, bounded as follows: Parcel I - bounded north by M. Tuthill- Case Estate, east by Horton Mohlfeld-Case-Beebe-Corwin, south by Cedars Road, west by Case=s Lane. Parcel II - bounded north by Cedars Road, east-by Peterson-Case Estate, south by Wickham Estate- 'Case Estate, west-by Case Estate. Fee paid $5. 00, Mr. Robert Bergen abstained from any participation in this hearing because, of a conflict- of interest. The' Chairman opened the hearing by reading application for special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. The Chairman stated that this application was held up until the' Ordinance was amended to provide for golf courses in .the "A" District. Richard Cron, Esq. ,. and the Chairman discussed the difference between a stock corporation and a membership corporation. The applicant- agreed. to add "as amended" to the application in reference to Article III, Section 300, Subsection 5 of the Ordinance. Mr. Russell Case stated that the description for' the easterly boundary of Parcel I. was incorrect. The land is not bounded by the names which appear in the legal description. There' is a small strip of land belonging to the Case' Estate which . insulates the golf course. Mr.- Case also said that sheep used to graze on this property and keep the grass mowed. This was used for golf before the North Fork-Country -club came into existence. Young people learned to play golf at"this location. This golf course will be open year around, providing, it is not freezing or thawing. The' Chairman read the following letter: "Board of. Appeals, Town of Southoldr, -Southold, New York. Re; Application for Golf Course at'Cutchogue. "Gentlemen: This letter is written in behalf of the Trustees of the Independent Congregation Church or-' Society of Cutchogue, more familiarly known as the "Old House". Southold. Town Board of'App&a s -6- October 8, ', -�'64 "We have. no objection to the application, except that we ask that you insure that sufficient off the road parking be . provided,with suitable surfacing. "Although our properties are not immediately adjacent to this project, they are close enough for us to be concerned. . Ample parking is now provided for' the patrons of the Village Green, including the School House and the OLd House. We have found, however, that there is increasing tendency to park on .the lawns and. we may have to fence these off. Since the course is comparatively short- and since its use depends::'completely on automobile transportation it would be within comtemplation that people would park their cars on .our parking lot and along the road and walk to the course. "Very -Cordially yours, /s/ William'Wickham. " THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? RICHARD CRON, ESQ. : sIn reference to Mr.- Wickham=s latter, we have planned to set aside sufficient area for parking. There will not be an overflow of cars on the village green. (There -was much discussion in reference to the parking area to be provided. Mr.- Case stated that the parking area .could be enlarged if it was necessary. Mr.- Cron pointed out on the survey where the parking area would be located. Mr. Doyen suggested that a statement be given stating approximately the. size of .the parking field. Mr.- Case stated that the parking field would be large enough to park approximately 48 cars behind the club house. The_ area set aside for the parking area is 260' x 752. Richard Cron stated lthat it certainly would be foolish to invest in such a project without providing ample parking space. ) THE CHAIRMAN: what else do you propose to say in support of the application, if anything? RICHARD CRON, ESQ. : Nothing more than is in the application. This will attract people to the area, and be a source of recreation for our own inhabitants as well. MR. HULSE: Do you plan to rent equipment? RUSSELL CASE: Yesi there will be some to rent. - Southold Town Board of Appeals -7- October 8, -.�',)64 THE CHAIRMAN: How many water holes will you have? MR. BERGEN: Two. THE CHAIRMAN: Do you plan to sell soda or have a concession? RUSSELL CASE: We will make some arrangements along this line. I don't want to go into the restaurant business. - Alot of people want to sit down, have a bottle of soda, and play another nine. The dinner is close, but they want to sit right there and relax. So without running a restaurant business, we will have vending machines, and sell nickle cookies. THE CHAIRMAN: Do you plan to have lockers? RUSSELL CASE: No, unless we have a call for them. THE CHAIRMAN: Will you have showers? RUSSELL CASE: Many don't have any, but many people ask for them. Perhaps latter. THE CHAIRMAN: Do you intend to sell beer? RUSSELL CASE: No liquor at all. This draws people to hang around, which -we don't want. THE CHAIRMAN: Will you have slot machines? RUSSELL CASE: No. THE CHAIRMAN: You plan to have golf equipment for rent- or sale? RUSSELL CASE: Yes. THE CHAIRMAN: ' Will you have any carts? RUSSELL CASE: We may have a few. Here again I think we would need some. Women would want a cart. Also there will be a practice area. THE CHAIRMAN: How much of this area on the map are you going to have as a practice area. Southold Town Board of Apl;c;als -8- October 8, : .A4 RUSSELL CASE: South of the club house area will be the practice field. THE CHAIRMAN: Will you have rest rooms? RUSSELL CASE: Yes, I don't know about- showers though. THE CHAIRMAN: How big will be the club house? RUSSELL CASE: Sixty to seventy feet in lenght. Haven't actually decided yet. There will be -cellar-storage room for machines used to maintain the course. (There may possibly be- an indoor practice area for the winter also) THE CHAIRMAN: There will be drinking water. Is there a pump on the course.. RUSSELL CASE: Yes, the Health- Department has come . and' checked it. `(The possibility of cars riding on the course at- night-was discussed. It was suggested that-white post be placed close enough together so that a car could not drive between them. It was also suggested that the .pins be taken out at night. It was established that Case's Lane and Cedar'Road are both public roads. ) THE CHANT Would any of the conditions that you have at the club house interfere with anything on the Main Road? RICHARD CRON, ESQ. : I don't think so. We are quite a distance away. I don't think it will be a nuisance. THE CHAIRMAN: Any other questions? (There was no response.),! THE CHAIRMAN: Is there anyone present-who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: Anyone at'.all have any questions? (There was no response. ) - Southold Town Board of Ap;N=als -9- October, 8,. --964 -After investigation and inspection the Board finds that -Caberon Properties,. Inc. s wishes to constructs. own, operates and conduct a golf course and club house incidental thereto, for the use and benefit of the public generally. The Board's findings indicate approximately 20 acres,. located nearest in a southerly direction, 500 feet from the Main Roads will be a par 3 golf course. The creation of this recreational facility will, in the Board's opinions, provide a much needed additional amusement- area for a rapidly growing population. Further findings of the Board areeas follows: It is expected that a club houses approximately 25 feet by 50 feet will be erected for the public. Lockers and showers will probably be installed .if needed. Vending machines for soft- drinkst. foods and cigarettes will be installed. It is not expected that a liquor license will be requireds.- nor will liquor or beer be furnished at the club house. There will be golf equipment for rent- or- sales pull carts will be available. . Rest rooms will be installed. Further contemplated is a cellar storage area for the storage of machinery used on the golf course. It is part of the plan also to furnish living quarters fora manager resident. Possibly there will be an indoor practice area. Drinking water will be available in several locations. There will be a practice fairway to the south of the club houses which is -estimated at a distance of11500 feet from the Main Road. The club house it- selfsas well as the parking area of approximately 20,000 square feet (estimated to park 58 cars) will be made available to the public. It is also possible to expand the parking areas. located at the end of a 500 foot private road. It is the opinion of the Board that the creation of this golf course will assist the orderly and -reasonable use of adjacent .areaVzwill not prevent any present-permitted uses from continuing, will add to the health, welfare, and comfort of the Towns and will be in harmony with and promote the general purpose of the Ordinance. Making this determinations the Board is aware of the previous status of' this property :for use in the manner proposed by the applicant. It is also the opinion of the Board that the property values will be conserved and that the clubhouses a distance of 1500 feet-- from the Main Road, is entirely adequate and will not in any way endanger traffic or cause undo noise. Southold Town Board of�Apl�als -10- October S,; � 964 The Board finds ..that the public convenience and welRare 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. Doyen, seconded by Mr. Hulse, it was RESOLVED that Caberon Properties, Inc. ,- Cutchogue, New York, be granted permission to construct, and operate a public golf course, on property located, Cutchouge, New York. Vote of the Board: Ayes: -Mr. 'Gillisp.ie, Mr. Doyen, Mr. Hulse. A letter was written to-William-Wickham, Esq. , in response to his--letter of October 5, 1964, advising him that ample parking space would be available for the new golf course in Cutchogue, and that there would not be a tendency to park on the lawn of the Village Green.. A letter was written to Mr. John G. Glander, Grathwohl Road, New- Suffolk-, New York, in reference to his' Appeal #711. He. was advised that the Board had again postponed his hearing until October 22, 1964, at which time ,he: should present . the Board with a .correct plot-.plan. A letter was also written°to Mr. Robert Bennett* Manager of Mattituck Bohack. He was advised that _the Board -was not willing to go along with a large sign on the side of the building. He was advised* however,- that the Board would be willing.. to grant a small sign, a few inches high, that reads "Bohack". On motion by Mr. Gillispie, seconded by,Mr. ,Bergen, it: was RESOLVED that the' Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T. ) , Thursday,_ October 22, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing Southold Town Board of Appeals -11- October &,. 1964 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. ,. south by Minehaha Blvd. ,, west by J. Lohn. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen,, Mr. Hulse,, and Mr._ Doyen. On motion by Mr. Bergen,. seconded by Mr._ Doyen, it was RESOLVED that the Southold Town Board of=Appeals set 7:45 P.M. (E.D.S.T.) , Thursday, October 22, 1964,. at the Town Office,:- Main Road,- Southold, New York,. as time and place of 'hearing upon application of 'Tryac Truck and Equipment Companyr Youngs Avenue, and Middle Road, Southold, New York,, for a special exception in accordance. with the 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. Vote of the Board: Ayes:Mr. Gillispie,. Mr. Bergen, Mr.- Doyen.. and Mr. Hulse. On motion by Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of-Appeals set 8: 00 P.M. .(E.D.S.T.') , Thursday,- October 22,. 1964,. at- the Town Office; Main - Road,- Southold,. New York,- as time and place of hearing upon application of 'Island=s" End Golf and Country Club.,, Inc.,. North Road, Greenport, New York, for a -*special exception in accordance with the Zoning Ordinance,. Article III,- Section 300,- Subsection 5, (as amended),,. for permission to operate a golf course and golf facilities. Location of property: north side North Road, Green- port,, New York, bounded north by'Long Island Sound, east generally by L.V. Brown-W.C. Brown-Greenport-Water=District-A.L.R. Francisco, south by North Road (route 25) ,. west by W:F and J.T. Haneman and others. Vote of the Board: Ayes:-Mr. Gillispie,. Mr. Bergen, Mr. Doyen, and Mr. Hulse. Southold Town Board of Appeals -12- October 8k, . _964 It was fur-ther' RESOLVED that the legal notice of hearing be published in the Long island Traveler-Mattituck Watchman, under date of October 15, 1964. The next meeting of the Southold Town Board of'Appeals will be held at 7: 30 P.M.", Thursday, October 22, 1964, at the town Office, Main Road, Southold, New York, Meeting adjourned 10:40 P.M. Respectfully submitted, Barbara- L. Carroza, Secretary APPROVED 4aiirrflaUnoarf404ats"—(