HomeMy WebLinkAboutZBA-06/25/1959 -
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Southold 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
Herbert Rosenberg
Charles Gregonis,Jr.
Serge Doyen, Jr.
MINUTES
Southold Town Board of Appeals
June �5, 1959
A regular meeting of the Southold Town Board of Appeals
was held 7:30 P.M., Thursday, June 25, 1959, at the Tojm
Clerktu Office, Main Road, Southold, New York.
There were present: Messrs. Robert W. Gillispie, Jr. ,
Chairman, Robert Bergen, and Herbert Rosenberg.
Also presents Mr. Howard M. Terry, Building inspector.
ABsents Mr. Charles Grigonis, Jr. , and Mr. Serge Doyen'
Jr.
PUBLIC HEARING: 7030 P,14. 9 Appeal'No. 184 - Application
of The Trustees of the Cutchogue Presbyterian Church, Cutchogue ,
New York 9 for a special exception- in accordance with the Zoning
Ordinance, article III, Section 3009 Subsection 11, for permission
to locate and maintain an advertising sign on property of the '
Presbyterian Church a arsonabe , south side Route 25, Cutchogue,
New York. No fee, church organization.
The Chairman• opened the hearing by reading application for
special exception, legal notice - of hearing and affidavit attest-
ing to its publication in -the official newspaper. -
CiIAIR14ANt Is there anyone present who wishes to q ak for
this application?
Southold town:Board of .Appeals June .25,' `1959
MR, :.ROBERT..F. DARTS Cutchogue ; ,New York', 'appeared,for the
applicants and..'stated''that the sign is a temporary one to.'be
used..only between May and October' and is about 41. V �$" :n
size . On the sign. will be placed:notices, of auctions' rummage,
and ,food' sales' and various, other . chUs ch activities to be held. "
CHAIRivIANm How.far back- is , the .sign from the "property' line?
Mii4 DART . . I:would say 25 feet. It' is put there primarily
to .attra' ct• outsiders
TIRE, :TERRY "Building•.Ins pector: Most of .the'. churches have
portable signs, :th:at . they" take down and, 'put up.�when there',is
some particular "activity,' and this church would like 'to `have ,one
that is there on posts for the five, or'_'six, months ,'period.; .
CHAIRMAN: Is there, anyone'.'else presen't:`who wishes 'to speak''
for this .'application?` Is there anyone present who, wishes to
speak against ,this .application?
(No 'one wished to speak,,.)..
Resolution .was offered- by Mr. Bergen' secorided. by.Mr:.
Rosenberg and .carried; whereas application of the Trustees ':
of tree .Cutchogue Presbyterian Church having been" considered
at Public Hearing No.' l&4 on. Tuesday, June. 25, 1959; ,and the '
Board, finding that the public conv.en enee ' and welfare and
justice will be: served andthe leg lly established- or permitted': '
use of -neighb.orh®od property wil-Z e substantially or permanently' :.
injured and the spirit of `the Ordnance, will be observed, there.,
'fore
Be .it RESOLVED, that the application' be'. gra.nted to permit
the. Cutchogue Presbyterian Church: to -maintain a sign_ approh- • '
'imately )+ ft. by -6 ft.' on the lawn- of,.-the .parsonage opposite
,the church during the period from' May" 1st to. October ,sty for
notices of church affairs only.' We believe this. is 'in the
public interest.
Vote' 'of the Board: Ayes:" Ntr. .-Gillispie, Mr... Bergen,
and Mr. Rosenberg
IV4--®. Robert •Fa Dart, then stated that he was also represent- '
ing Mr. Ernest Wils.berg- who. wished to vithdraw.his` application,
for_ a special exception,. 'Appeal "No.. 18t,. -ii,, be' held 8:30 P.M.
this evenin .without prejudice®
The Board was agreeable and the application was withdrawn. '
Southold Town Board of Appeals -3- June 25, 1959
PUBLIC HEARING: 7:45 P.M. , Appeal No. 185 - Application
of ESSO Standard Oil Company, by Emmet V. Dunathan; Agent, for
a special exception in accordance with the Zoning Ordinance,
Article IV, Section 408, for permission to locate a second
ground sign on .the southwest corner of property located on the
northwest corner of Main Street and Wickham Avenue, Mattituck
New York. Fee paid $15.00.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing and affidavit attest-
ing to its publication in the official newspaper.
CHAIRMAN: Is there anyone present who wishes to speak for
this application?
MR. EMMET V. DUNATHAN, Agent, 2278 Cleveland Street, North
Bellmore9 L. I. , New York: Mr. Dunathan described the proposed
location of the sign and stated that the present sign is located
on the intersection corner. Driving west you can not see the sign
at all, but you can see the sign of a diner further down and a
competitors sign also. Going east our sign is obstructed by the
trees also. This proposed sign is to be a lower sign on the ground
level, hung from two supports.
CHAIRMAN: What is the height of the present signs lower edge?
MR® DUNATHAN: 71611 and the hinges and top rail will be
approximately 8 ft. The bottom will be 'approximately 3011 above
the finished grade.
CHAIRMAN: The present sign is what?
MR. DUNATHAN: The present sign is 12 ft. 6 in. and the boom is
at 17 ft. 6 .in, or 18 ft. The mast itself, is about 5 ft. 6 in.
CHAIRMAN: The problem might be the height from the ground.
We have been recommending that the lower edge be at least 4 ft.'
, from
the ground®
MR. DUNATHAN: This sign is completely internally lighted®
CHAIRMAN: For safety measures we have been recommending
4 ft. to everyone.
MR. DUNATHAN-1 We can. manage that.
CHAIRMAN: Are there any other questions? - Is there anyone
present who wishes to speak against this application?
(No one wished to s peak. )
MR. BERGEN: Have you looked at the taffic coming from
Southold Town Board of Appeals - -4- June 25, 1959
Wickham Avenue west with reference to where the sign would be?
Would it interfere with traffic?
MR. DUNATHAN: No it does not, it is in five feet and at
that point 125 feet from the corner. I believe it would be back
far enough that it would not interfere.
Resolution was offered by Mr. Rosenberg, seconded by Mr.
Bergen and carried, Whereas application of ESSO Standard Oil
Company by Emmet V. Dunathan, Agent, having been considered at
Public Hearing No. 185 on June 25, 1959, and the Board finding
that the public convenience and welfare and justice will be served
and the legally established or permitted use of neighborhood prop-
erty will not be substantially or permanently injured, and the
spirit of the Ordinance would be observed, therefore be it
RESOLVED that the application be granted as applied for -
standard oval 5 ft. by 8 ft. double faced sign, covering 29 sq. ft.
each face, with the lower edge of the sign to be 4 ft. from the
ground level and the sign to be 5 ft. from any property line.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg,
and Mr. Bergen.
PUBLIC HEARING: 8:00 P.M. , Appeal No. 186 - Application
of Vera Ketcham, Main Road, East Marion, New York, for a va�,iance
due to lack of access in accordance with State of New York own
Law, Section 280AT Lcc ation of property, on private right of way,
Bay Lake Park, East Marion, New York, bounded north by J. W.
Billman, east by Truman Path, south by F. J. Alexander, and west
by Marion Lake. No fee- access.
The Chairman opened the hearing by reading letter from
applicant, notim of disapproval issued by the Building Inspector,
legal notice of hearing, and affidavit attesting to its publication
in the official newspaper.
CHAIRMAN: Is there anyone present who wishes to speak for
this application?
FRANK McMANN; Greenport: I represent Mrs. Ketcham. If the
Board has any further questions I would be glad to submit
information if possible.
The Board was thoroughly familiar with the property and the
application fully covered the facts.
CHAIRMAN: Is there anyone present who wishes to speak .
against this application? - Is there anyone present who would
lilm to ask any questions?
Southold Town Board of Appeals -5- June 25, 1959
(No one wished to speak. )
Resolution was - offered by Mr. Rosenberg, seconded by 114r
Bergen, 'and carried, likiereas application of Vera -Ketcham, having
been considered at Public Hearing No. 186 on June 252 1959, and
the Board finding that strict application of the Ordinance would
produce undue hardship 'because applicant' would' be unable to sell
property without securing this variance which the contract provides
the seller 'do. The situation is unique and would not be shared by
all properties alike in the immediate vicinity because there is no
approved access to this particular lot. The pubic convenience ard-
welfare and justice will be served and the legally established or
permitted use of neighborhood property and adjacent use districts
would not be substantially or permanently injured and the spirit
of the Ordinance would be observed because all of the residents of
this immediate area have to use the name access, therefore
Be it HEMOLVED that the application be granted as applied for.
Vote of the Boarft: Ayes :- Mr. Gillisp ie , Mr. Bergen, and
Mr* Rosenberg,
PUBLIC -=CARING: 8:15 P®Mo , Appeal No. 188 - Application
of Robert H. Preston and LaGrant R. C1, ,' ; Greenport' New York,
fora variance in accordance with -the Zoning Ordinance, Article
III, ,Section 303 , and Article x, Section 1000A, for permission to
reduce frontage and use as a single -lot, property located on
private road known as Robinson Road9 Greenport, Neiv' Ybrk, Lot No. 7
on map of Sterling Harbor Homesites. Fee raid 315.00.
The Chairman opened the hearing "by reading application, notice
of disapprovgl issued by the . Building Inspector, legal notice of
hearing and affidavit attesting to its publication in the official
.newspaper,
CHAIRMAN: Is there anyone present who wishes to spear for
this application?
1M. LA" GRANT CHA.PMUN, Robinson Road, Greenport, New York: We
appear to answer any further questions that you might li?ae to ask.
We would like" to state -that everything. will be sold up to two lots ,
and this is one which needs a variancel
CHAIRMAN: What does the purchaser propose to do with this
property?
NTT. CHAPIVIAN.- All we know is what he told us, and that is he
wants to put up a dock for his boat. We have restrictions on the
property. We require 1000 sq. ft. in the house on the 1st. floor
Southold Town Board of Appeals 6- June 25, 1959
and side yards of 10 ft. each side.
1,1R. ROSENBERG: That does not affect this Board. - What you
are applying for is permission to sell a lot having a frontage
of 53 feet on Robinson Road.
CHAIRMAN: After you sell uis lot, do you care what he does
With it?
MR. CHAPMAN: Yes , I care because I have a home there.
CH.AIR.IVIAN: We can grant this application, but limit the
granting to what he says he wants to do, but require if he
wants to build a house in the future he would have to come to
us for permission at that time.
Is there anyone else present uho wishes to speak for this
application? - Is there anyone- present who wishes -b speak
against this application? - Are there any questions?
(No one wished to spear. )
Resolution was offered by Mr. Bergen, seconded by Mir.
Rosenberg and carried, whereas application of La Grant Chapman
and Robert Preston, 'having been considered at Public Hearing 'No.
188 on June 25, 1959, and the Board finding that strict appli-
cation of the Ordinance would ;produce undue hardship because
applicants would be unable to sell this lot without the requested
variance to reduce the frontage. The situation is unique and
would not be shared by the properties alike in the immediate
vicinity because no dwelling is planned to be erected on the
premises, it is believed the purchaser plans to use the property
to construct docking facilities thereon for the mooring of a
private yacht. The public convenience and welfare and justice
will be served and the legally established or permitted 'use of
neighborhood property and adjacent use districts. would not be
substantially or permanently injured and the spirit of 'the
Ordinance would be observed because the 'premises would remain
as they presently are , no structure being built thereon, there-
fore be it
RESOLVED, that the application is specifically granted
varying Section 1000A and denying 'a variance to the other sections
of the Ordinance as applied for, without prejudice to future
applications.
Vote of- the Board:- Ayes,:- Mr. Gillispie , Mr. Bergen, and,.,
Air. Rosenberg.
Southold Tom Board of Appeals -7- June 25, - 1959
A letter was received from the Southold Fire Dep artm_ent,
Benedict Manasek, General Chairman' Block Party Committee ,
requesting Dermission to place approximately 50 posters advertis-
ing the forthcoming block party of the Southold Fire' Depart-
ment on the main roads and village in the Southold Fire District.
It-ti,;as R-ESOLVED by h1r. Rosenberg, seconded by Is. Bergen and
carried, that permission be granted to the Southold Fire Depart-
ment to place approximately 50 posters , 18" by 301' on the plain
Roads and in stores in the Southold_ Fire District on: the 17th of
June to the 18th of July, a period of approximately 32 days. In
the letter requesting permission, ' from I.ir. Benedict Manasek,
General Chairman of the Block Party Coirzaittee-, it was a�reed to
take these posters down as soon as possible- after the kith of July.
It is believed this is in the public interest.
It is specifically forbidden to place these posters on
utility poles or on private property without permission.
A letter advising of this resolution was forwarded to
Mr. Manasek.
Vote of the Board: Ayes:- M-r. Gillispie , Mr. Bergen, and
Mr. Rosenberg.
The -minutes of the meeting of -June 10, 1959, on motion of
Iv1r. Bergen, seconded by Mr. Rosenberg and carried, were approved
as submitted.
Vote of the Board.: Ayes :- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg .
Mr. Wilfered Ryland' Sigsbee Road, Mattituck, appeared before
the Board of Appeals for an informal - discussion relative to build-
ing a new residence on the lviain Road, Mattituck. The Board discussed
the work Mr. Ruland does painting signs. Hr. Ruland produced
several letters from his present and future neighbord attesting
to his character and . desirability as a neighbor. 'Mr. Gillispie
called Mr. Tasker, Town Attorney' by telephone and discussed
proposed amendments that might affect Hr.. R uland, and Mr. Tasker s
opinion with reference to the type of work Ian'. Ruland does. It
was the final decision of the Board of Appeals that ivIr. Ruland
should be allowed to do this sign painting work, doing so Without
an advertising sign of any manner, as long as it is confined to
his basement.
The next meeting 'of the Southold Toz,,;n Board of Appeals' will
be 7:30 P:M. , Thursday, July 91 1959 at the Town Clerk's Office,
Main Road, Southold, New York.
On-m6tion of Mr. Bergen, seconded by IvLr. Rosenberg and
carried, it was RE-SOLVED that tile - and place be set for hearing
on application of Mattituck Marina, Q�mp Mineola Road, Mattituck,
Southold Town Board of Appeals . -8- June 25, 1959
New York, - for a special exception in' accordance with -he Zoning
Ordinance, :Article IV, Section 408, for permission to erect and
maintain a directional sign on the southeast side of Main Road,
south of New Suffolk{ Avenue, Mattituck, New York, on property of
John W. Boutcher: Time and place being set at" 7:30 P.M. , (E.D.S'a'T. ) ,
Thursday, July 9, 1959, at the Town Clerk's Office , Main Road,
Southold, New York.
Vote of .the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg.
By resolution- offered by Mr. Rosenberg , seconded by Mr.
Bergen and carried, 7:40 P.- M. (E.D.S.T.) , Thursday, July 9, 1959
at the Town Clerk's Office, Main Road, Southold, New York was
set for hearing-upon application of Mattituck Marina, Camp Mineola
Road, Mattituck, New York, for a special exception in accordance
with the Zoning Ordinance, Article III, Section 300, Subsection
117 for permission to erect and maintain a directional sign on
the southwest corner of Camp Mineola Road and New Suffolk Avenue,
i`Zattituck, New York, on property of Malcolm Tuthill.
Vote of the Board: Ayes :- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg.
On motion of Mr. Bergen, seconded by Mr. Rosenberg, and
unanimously carried, it was RESOLVED that the Board of Appeals
set 7:4 5 P.M. (E]�D.S.T.) , -Thursday, July 9, 1959 at the Town
Clerk's Office, Main Road, Southold, new York, as time and place
for hearing upon application of Horace E. 11,yser7 504 Hempstead
Avenue , ;Nest Hempstead , New York, f or a special exception in
accordance with the Zoning Ordinance , Article IV, Section 400,
Subsection 9, for permission to erect and maintain a public
garage and gasoline service station on the northeast corner of
Main Road - and Bay Avenue, Mattituck, New Ylrk, bounded north by
Main Road, east by Mrs . E. C. Wells , south by J. J. Klein, and
west by Bay.^Avenue .
Vote of the Board: Ayes:- i\Zr. Gillispie, Kr. Bergen, and
fir. Rosenberg.
On motion of Mr. Rosenberg, seconded by Mr. Bergen and
carried, it was RESOLVED that time and place be set for hearing
on application of Alleyne Gogen, 229 Cathedral Avenue, Hempstead,
New York, for a variance ,in accordance with the Zoning .Ordinan.ce ,
Article III, Section 3077 for permission to reduce northerly side
yard on Lot No. 67, Map of Nassau- Point Club Property, Inc. , east
side Nassau Point ].load, Cutchogue, New York. ' - Time and place being
set at 8:15 P.M. (E.D .S.T:) , Thursday, July 97 1959 at the Town
Clerk's Office , Main Road, Southold, New York.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Berge.i�, and
Mr. Rosenberg.
Town Ton Board of Appeals -9- June 25, 1959
By resolution offered by Mr. Bergen, seconded by Pour: "osenberg
and carried, 8:45 P.M. (E.D.S.T. ) , Thursday, - July 9, 1959, at
the Town Clerk's Office , !,lain Toad, Southold, New York was set
for hearing upon application of Kenneth R. Trillcott, 22.2 Third
Street, Greenport, New York, for a variance in accordance with
the Zoning Ordinance , i1rticle I-II, Section 303 , and Article 1"',
Section 1000A, for permission to reduce frontage and sell as a'
single lot, property located on the east side vibod Lane , Greenport,
New YorAL, ' and bounded north by B. Driskell, west by Wood Lane ,
east by N. A. Loomes , -and south by other lands of the applicant.
Vote of the Board: Ayes :- Mr. Gillispie , Pis. Bergen, and
Mr. Rosenberg.
On motion of Div. Rosenberg , seconded by 11r. Bergen and
carried, it was RESOLVED that the 'Board of Appeals set 9:00 P.M.
(E.D.S.T. ) , Thursday, July 9, -1959 at the Town Clerk 's Office ,
Main Road , Southold., New York, as time and place for hearing upon
applicationz of Leo Slecl jeski, and Peter Sled jes'ii, Main Road and
King Street, Greenport and Orient, respectively, for a variance in
accordance with the Zoning Ordinance , Article III, Section 300,
Subsection 9, for =;ermission to maintain two seasonal signs (adver--
tising) in connection j,7ith a produce stand, north side North Road,
(Route 27A) , opposite Queens Lane on the property of Leo Sledjeski.
Vote of the Board: Ayes :- '1%1. Gillispie, Kr. Bergen, and
Mr. Rosenberg .
On motion of P/Ir. Bergen, seconded by Pair. Rosenberg and
carried, it ti,as RESOLVED that time and �,plaee be set for hearing
upon application- of Bert S'cagliotti, madeline Avenue , Fishers
Island , New York, for a variance in accordance with the Zoning
Ordinance, Article III, Section 300, Subsection 7, for permission
to reduce front yard setback requirements and build private garage
on property :bo».nded north by Madeline 1!venue , east by 11. E. Land,
Company, south by 4. E. Land Company, and west by Crescent Lvenue ,
Fishers Island. Time and place being set at 9:15 P .M. (ice._.Q .S .T.) ,
Thursday, July 99 1959 at the Town Clerk's 0 fice , Main.Road,
Southold, New York.
Vote of the Board: Ayes:- Mr. Gillispie , Mr. Bergen, and
Mr. Rosenberg.
It was further RESOLVED that legal notice of hearing be pub-
lished in the 'official newspaper on date of July 35 1959. Legal
notice of Scagliotti hearing published in New London Day on June
29, 1959.
Vote of the Board: -eyes :-- Hr. Gillispie, 1.1r. Bergen, and
1�t.. Rosenberg.
?P E -d journed at 11:10 P.M..
Itq 9 s9 Respectfully submitted,
oa p e Judith T. Boken , Secretary
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