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HomeMy WebLinkAboutZBA-06/10/1959 ��5�FF0lk�� Southold Town Board ®f 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. M I N U T E S' Southold Town Board of Appeals June 10, 1959 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Wednesday, June 10, 1959 at the Town Clerk's Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr. , Chairman, Herbert Rosenberg, and Charles Grigonis, Jr. Also present: Mr. HowardM. Terry, Building Inspector. Absent: Mr. Robert Bergen, and Mr. Serge Doyen, Jr. PUBLIC HEARING: 7:30 P.M. , Appeal No. 182, - Application of Richard H. Redden, Oak Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permission to reduce front yard set back on property located on the north side of Oak Avenue, Southold, New York, Lots 301, 302, and 303 , on map of Goose Bay Estates, Fee paid $15.00. The Chairman opened the hearing by reading application, notice of violation,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? Southold Town Board of Appeals -2- June 10, 1959 MR. RICHARD H. REDDEN, Oak Avenue , Southold, New York: The application speaks for itself. I would like to say that the addition will be 31 feet. MR. HOWARD M. TERRY, Building Inspector: I thought -the addition was 'going to be in line with the garage but it cAme out further when it was measured. Pam. REDDEN: It is actually 20 feet from the road. iXLR. TERRY: The setbacks on that street are between 28 feet and 45 feet. Most of the houses face on the creek so that actually the addition is going on what the Reddens ednsider the rear of the house. NIR. ROSENBERG: Is this a corner lot? MR. REDDEN : There are two more houses before the corner, however there is a public right of way on one side of the property. The town road in front is asphalt. CHAIRMAN: Is there anyone else present who wishes to speak for this application? -- Are there any questions? -- Is there anyone present who would like to speak against this application? (No one wished to speak. ) Resolution was offered by Mr. Grigonis , seconded by Mr. Rosenberg, and carried, WHEREAS application of Richard Redden having been considered at Public Hearing No. 182 on June 10, 19592 and the Board finding that strict application of the Ordinance would produce undue hardship because the property is deed restricted on the water front side so that it is only possible to build an addition towards the street side. The situation is unique and would not be shared by all properties alike in the immediate vicinity because the property is nearly the westerly end of a private right of way and has deed restric- tions peculiar to the vicinity. The public convenience and welfare and justice will be substantially 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 this is residential area with mostly summer homes and this would be a continuation of the same use, therefore Be it RESOLVED that the application be granted as applied for. Vote of the Board: Ayes :- Mr. Gillispie, Mr. Rosenberg, and iKr. Grigonis. Southold Town Board of Appeals -3- June 10, 1959 PUBLIC HEARING: 7:45 P.M. 9 Appeal No. 183 ' - Application of Charles and Charles M. Krull, 338 Atlantic Avenue, East Rockaway, New- York, for a variance in accordance with the Zon- ing Ordinance Article III, for permission to reduce frontage and Section HOA, of- the To;nm Law for recognition of access. Location of property, Orient,New York, bounded north by Frey, east by J. Douglass, south by J. Douglass, and west by Orient Harbor. Fee paid $15.00. The Chairman opened the hearing by reading the application, notice of violation issued by the Building Inspector, legal notice of hearings affidavit attesting to its publication in the officialnewspaper, and letter from the applicant. CHAIRMAN: Mr. Krull, it is necessary for you to amend the application to read Article III, Section 303 , as well as Section 280A of the Town Law, is that satisfactory to you? Tn. ERULL; That is agreeable. CHAIBIAN: Is there anyone present who wishes to speak for this application? MR. CHARLFS IMULL, 338 Atlantic Avenue, EastRockaway, New York: I would. I am one of the owners of the property in the appeal at present. In order to have ingress and egress to the southerly lot shown as No. 2, I would have to have a right of way extending to the southerly line of the Frey property to the northerly line of plot Nol 1. That would be recognition of access across parcels 2 and 3 . CIUIIRiaTAN: Are there any houses on 1, 2 or 3? 1AR. KRULL: None. There was considerable discussion held relative to the property in question. MR. IULL: Use intend to build on the northerly lot numbered 3 , as soon as possible. CHAIRMAN: You may only apply and receive access for one -lot on an application, . if you wish access to the other lots they must be made separately. At this time you wish access to lot No. 3? MR. IMULL: Yes, lot No. 3. CHAIMiAN: Is there anyone present who wishes to speak against this application? (No one wished to speak. ) Southold Town Board of Appeals -4- June 10, 1959 Resolution was offered -by -Mr. Rosenberg, seconded by Mr. Grigonis and carried, WHBREAS application of Charles and Charles M. Krull having been considered at Public, Hearing No. 183 on June 10, 1959 and the Board finding that strict application of the Ordinance would produce undue hardship because property can only be entered by a private right of way and applicants would be unable to build on an undersized lot. The situation is unique and would not be shared by all properties alike in the immediate vicinity because one large parcel adjoining is farm land and. is not subdivided into smaller building plots. This property is using a right of way for ingress and egress. The public con- venience and welfare and justice will be substantially 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 this property would be used for residential purposes in keeping with the surrounding neighborhood, therefore Be it RECOLTrED that the application be granted permitting right of access to Lot No. 3 as described in survey of May 29, 1959 by Otto-W. Van Tuyl & Son-, and - permission to use and build on this lot with reduced frontage. Vote of the -Board: Ayes:- Mr. Gillispie , Mr. Rosenberg, and Mr. Grigonis. IT. Joseph Benko, Greenport, New York, came before the Board of Appeals for an informal discussion relative to a violation" he received from the Building Inspector - Article X, Section 1007 (a) of the Building Zone Ordinance -"a nonconform- ing use has been expanded and new use created without a special exception from the Board of Appeals and in violation of the provisions of the Labor Laws. 11 Mr. Benko, upon request of .the Board, stated that he presently does automobile repairs , valve, points:, plug, and grease jobs , spot welding for a maximum time of five minutes ; .brazing, spray painting, touching up, repairs on lawn-mowers, straightening, simonizing, generator and starter work, steam cleaning. Mr. Benko also sells tires and tubes and similar items sold by gas stations. He described himself as an all- around mechanic, and stated he does not employ any help, but does everything himself. Mr. Terry asked Mr. Benko about a trailer for rent that is parked in front of his station and he stated that would be removed the next days as he had it there for a friend and not for himself. It was brought out that the garage will accomodate three cars inside and Mir. Benko was not to make major repairs on cars outside of the building. Southold Town Board of Appeals --5- June 10, 1959 After considerable discussion the Board advised i\ir. Benko that he would have to apply for a special exception for a reasonable expansion of a non-conforming use. Ill.'. William Unkelback and Mr. John �'Coroleski came to the Board for an informal discussion relative to Pair. Yoroleskits operation of a nursery business on the property he is purchas- ing from Ivir. Unkelback. On April 302 1959 when Mr. Koroleski spoke to the Board of Appeals relative to this matter it had been indicated a special exception would be required. Mr. Unkelback brought out the fact that he had been in the retail business from 1932 in that building up to April 1957 when he went to Germany. Ir1r. Unkelback Belt with the sale of spray material, poultry equipment, chicks, fertilizer, and farm and garden supplies. It was the determination of the Board of Appeals that Ns. Koroleskirs operation would be a. continuation of a nonconforming use and therefore would not require a special exception. There was a brief discussion relative to the location of signs. Mrs. Basil D'Bmo, New York City, New York, spoke to the Board of Appeals about a problem she has in connection with selling her house at Nassau Point and retaining a small piece of land larger enough to meet the building zone requiren-e nts , for the purpose of building a small cottage. The lots are No. 27 and 28 on map of Nassau ,Point. The house in question on Lot 27 is very near the lot line of Lot 28 and it is almost impossible to enter the garage without crossing the lot line. Krs. D 'Emo wishes to give several feet of Lot 28 inorder to remedy this situation. The Board. advised that she may divide the property as she wishes, as long as she retains 100 feet frontage on the road and the lot to be retained meets the 127500 sq. ft. requirement of the Building Zone Ordinance. A letter was received from Helen G. Cochran, Southold, New York, who does business as Terry lydaters , requesting that the proposed boat basin at Terry Waters, as granted as a result of Appeal No. 159, be changed from the beach and park area to the area represented by Lot No. 8 on the filed map of Terry Waters , Southold. Mr. James Rambo and Mr. 11. Germond Cochran appeared at the June 4th meeting of the Board of Appeals relative to this change. On motion of Mr. Grigonis , seconded by Mr. Rosenberg and carried it was Resolved to grant permission to move the north boundary line of proposed boat basin from Lot No. 8 to Lot No. 9 because of the discovery that the applicants do not have full control over the area proposed for the boat basin in the original application. - Location of the property would now read: South- east corner of Terry Waters property, bounded north by Lot No. 9, east by other lands of Terry Waters , south by other lands of Terry Waters known as park and beach' and west by Rambler Road. Southold Town Board of Appeals -6- June 10, 1959 Vote of the Board: Ayes :- Mr. Gillispie, I12r. Rosenberg, and Tyr. Grigonis. On-motion of Mr. Rosenberg , seconded by Mr. Grigonis and carried, the minutes of the meeting of June 4, 1959 were approved as submitted. Vote of the Board: Ayes :- Mr. 'Gillispie , Mr. Rosenberg, and Mr. Grigonis. Chief John Haas and lst Assistant Richard Olmstead of the Mattituck Fire Department came to the meeting to speak to the Board of Appeals relative to placing approximately 50 posters advertising the forthcoming bazarr of the Mattituck Fire Depart- ment to be held at the fire house grounds on July 1, 2, 31 and 4. They wish to place the posters just in the Mattituck-Laurel District. After considerable discussion it was RESOLVED by Mr. Rosenberg, and seconded by Mr. Grigonis that permission be granted the 'Mattituck Fire Department to place approximately 50 posters' 2411 by 161, on the Main Roads and in stores in the Mattituck-Laurel area on the 15th of June to the 6th of July, a period of approximately 21 days. The Mattituck Fire Department, through its representatives, have agreed to take these posters .down soon after the 6th of July. It is believed that this is in the public interest. It is specifically forbidden to place these posters on utility poles or on private property without permission. At this time the Southold Town Board of Appeals would also like to express their appreciation to the 1,1attituck Fire Department for the use of their hall on several occasions, and their cooperation in many instances. A letter advising of this resolution was forwarded to the Mattituck Fire Department. . Vote of the Board: Ayes :- 11r. Gillispie, 141r. .Rosenberg, and Mr. Grigonis. The next. meeting of the Southold Town Board of Appeals will be held Thursday, June 25, 19597 7:3 0 P.M. at the Town Clerk's Office , Main Road, Southold, New York. On motion of Ins. Rosenberg, seconded by Mr. Grigonis and carried, it was RESOLVED that time and place be set for hearing on application of the Trustees of- the Cutchogue Presbyterian Church, "Cutchogue, New York, for a special exception in accordance smith the Zoning Ordinance' Article III, Section 300, Subsection 11, for permission to locate and maintain an advertising sign on property of the Presbyterian Church Parsonage, south side Route 252 Cutchogue , New York. Southold Town Board of Appeals -7- June 10, 1959 Time and. place being set at 7:30 P.M. (E.D.S.T.) , Thursday, June 25, 1959, at the Town Clerk's Office, Main Road, Southold, New York. Vote of- the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. By resolution offered by Mr. Grigonis ; seconded- by Mrl Rosenberg and carried 7:45 P.M. (E.D.S.T) , Thursday, June 25, 1959 at the Toi�m herk's Office, Main Road, Southold, New York was set for the hearing upon application of ESSO Standard Oil Company, by Emmet V. Dunathan, Agent, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 4-081 for permission to locate a second ground sign on the southwest corner , of property located- on the northwest corner of Plain Street, and Wickham Avenue, Mattituck, New York. Vote of the Board: Ayes :- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. On motion of -Mr. Rosenberg , seconded by Mr.Grigonis , and unanimously carried, it was RESOLVED that the Board of Appeals . set 8:00 P.M. (E.D.S .T. ) , ' Thursday, - June 25, 1959 at the Town Clerk's Office , Main Road, Southold, New York, as time and place . fol hearing upon,appl:ication of Vera Ketcham, Main Road, East Marion, New York, for a variance due to lack of access - in accord- ance with the State ' of New York Town Law, Section 280A. Location of property, on private right of way, Bay Lake Park, East Marion, bounded north by J. W. Billman, east by Truman Path, south by F. J. Alexander, and west by Marion Lane . Vote of the Board: kyes: - Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. On-motion of IQ. Grigonis , seconded by Mr. RcEsenberg, and ' carried, it was RESOLVED that time and place be set for hearing on application of Robert 'H. Freston and LaGrant 1{. Chapman, Greenport, New York,. for a variance in-accordance with the Zon- ing 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 Road, Green port, New York, Lot No. 7 on map of Sterling Harbor Homesites. Time and place being' 8:15 P.M. (E.D.S.T. ) , Thursday, June 25, 1959 at the Town Clerk's Office, Main Road, Southold, New York. Vote of the Board: Ayest:- lvLL e Gillispie, Mr. Rosenberg , al,d Mr. Grigonis.- By Resolution offered by Mr. Rosenberg, seconded by 141�. Grigonis and carried, 8:30 P .M. (E.D.S .T. ) , Thursday, June 25, 1959, Town Clerk's Office, Main Road, Southold, New-York was s.et for hearing upon application of Ernest Wilsberg, Bay Avenue, lvlattituck, New York, applying for permissive use to erect a Southold Town Board of Appeals ®8- June 10, 1959 building on a lot divided by "A" Residential-Agricultural district and "B" Business district boundary line on Bay Avenue, Mattituck, New York, and bounded north by Bay Avenue , east by lands of the applicant, south 'by Matti-tuck Plumbing and Heating Company, and west by George McCarthy. Vote of the Board: Ayes:- Mr. Gillispie , Mr. Rosenberg, and Mr. Grigonis. It was further RESOLTIED that legal notice of hearing be published in the official newspaper on date of June 19, 1959. Vote of the Board: Ayes :- Mr. Gillispie, Mr. Rosenberg, and Mr.Grigonis. Meeting adjourned at 10:55 P.M. Respectfully Submitted, Judith T. Boken `t Secf'etary oar �.�� �„�. � G i I �� 5 l i� U° l��a-a—r� �o—c--wc� C�