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Home My WebLink AboutZBA-05/14/1959 FULA- Southold Town Board of Appeals SOUTHOLD, 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 May 14, 1959 A regular meeting-- of the Southold -Town Board of Appeals was held at 7:30 P;M. , Thursday' May 14, 1959 at the Tovm Clerk's Office, Main Road, Southold, New York. There were present:' ' 'Messrs'. Robert--W. Gillespie, Jr. , Chairman, Robert Bergen, and Herbert Rosenberg. AbserL- Messrs. Charles Grigonis; Jr. and Serge Doyen Jr..: (Mr. Grigonis appeared after the meeting opened'. Also present: Mr. Howard M. Terry, building Inspector. PUBLIC HEARING: 7:30 P;M. ,- Appeal No. ,168 = Appli- cation of George W. *Krieling, Howard Avenue, Mattituck, New York, for recognition of access Under 'Section 280A of the Town 'Lawe Location 'of property: private right of way going. east from Marratooka Road, on Luptonts Point, Map of Zupton Point, Mattituck, New York. No fee-necb essary for access. The Chairman opened the hearing -by reading application, legal notice of hearing with 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- May 141 1959 MR. WILLIAM WICE13AM, Cutchogue, New York: Mr. Gordon Lipetz' asked me to appear and speak for the application. I do, however, represent the seller. Mr'. Wickham presented a map and explained same® He stated that he believed the application was in error, that it should state all of Lot 15 rather than the east side of lot 15. CHAIRMAN: Is there anyone present who wishes to speak for the -application? - Is there anyone present who wishes to speak against this application? (No one wished to speak. ) At the request of Mr. Wickham the application was amended by motion of Mr. Rosenberg, seconded by Mr. Bergen and carried, to read - the southerly part of Lot 15 on the map of E. R. Lupton - in lieu of the easterly part. Vote of the 'Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Resolution was offered by Mr. Bergen, seconded by Mrs, Rosenberg, and''carried, Nhereas application of George -W. Krieling, -having -been considered at Public Hearing No. 168 on May 14,- 1959 , and the Board finding that strict appli- cation4of the Ordinance would produce undue hardship because the requested access is the only access to the property. The situation is unique and would not be shared by all- properties alike in the immediate vicinity because is one of the few lots left to build on in this 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 the area is largely devoted to residences witxr private right of ways and applicant wishes to conform with the surrounding neighborhood, therefore Be it RESOZVED� that the application be granted with approval of access as applied for. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: 7:45 P.M., Appeal No. 169 - Appli- cation of- Claudio Giovanelli and ' Frederick Schultz Greenport and Southold, New York, respectively, for a special exception Southold Town Board of Appeals -3- May 14, 1959 in' accordance with the Zoning Ordinance, Article - IV, Section 4009 'Subsection 9, and Article VIII, Section. 8019 Subsection C for permission to use and maintain permises as a public garage and automobile show room and incidental- thereto automobile- service or gasoline station. Location of property, situated in the-Town of Southold, bounded north by now or formerly of Gagen, east by now -or formerly of Gage, south by Middle' Road (Route 27A - County), and west by Railroad Avenue . Fee $15,00, The Chairman opened the hearing by reading application for special exception, legal notice of hearing, acid affidavit attesting to its publication in the official newspaper. -CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. STANLFY CO RWIN, Greenport, New York: I wish to speak- briefly on behalf of this ' application for a special exception. Mr. Corwin reiterated many points stated in the appli- cation, and quoted from the Ordinance some of the unsightly and noisy things that the premises could be used for, with- but the necessity of '-coming before the Board for a special dxception. Mr. Corwin stated that there is no public garage between Joe's Garage"in Orient, and Rockey Point, therefore he feels there is a great need for facilities of that kind in the area. He pointed out that the petitionersstated in their application that their bu.siness' in greenport is going beyond gas and oil and repair as is done by a garage, and there is a ned.d for ' them to expand the business- they have to much larger quarterse Mr. Corwin presented a contract of sale dated April ] 959 for the Board to examine, this contract being between William and Josephine Housner and Claudio Giovanelli and Frederick Schultz, subject to the Building Zone Ordinance of the Town of Southold, and subject to the lease held by the Suffolk County Department of Public Works held on one of the other smaller buildings. Another res.trictiori in the contract. prohibits building of any building further west than the existing line of the westerly residence. This contract terminates May 28, 1959• MR. ROSENBERG: What is the date the contract was signed? Ia. CORWIN: I would say the first week in May. They were the equitable ozmers of the property at the time the application was made for a special exception. Mr. Claudio Giovanelli, who appeared at the hearing, confirmed the date the contract was signed as approximately the first week in May. Southold Town Bmard of Appeals -4- May 14, 1959 'MR. ROSENBERG: Is- there someone living in the residence on the property? MR. CORWIN*' Yes' there is someone- theret' and they will remain. That residence is about 35 or 4U feet from the main building. Mr. Corwin stated that he is aware of the fact two other permits for gas stations had been granted in the area' and stated they are also near- residenceso Mr. Corwin stated that the lot line is about 75 feet from the center of the concrete road, so that they cannot be too offensive to the traveling public. MR. ROSENBERG: How long has 'it been since Fanning and Housner closed up the building? MR. ERRY: It has been about four or five years. MR. CORWIN: Yes four or five years. In response to questions'- Mr. Giovanelli stated that he intends to do the same work- as he is now doing in Greenport and needs larger quarters for the expanding business which consists -of general garage work9 engine repair' washing of cars' body and fender work' spray painting qnd similar work. Mr. Bergen asked- if there -would be any dead storage and Mr. Giovanelli replied�' no. However' Mr. Corwin stated that it should be borne in mind that wrecks are sometimes brought in and can remain for long periods of time. The Chairman asked about the building being leased - by the Suffolk County Department 'of Public Works and Mr. Corwin stated that they are taking the property subject to the lease but hope to utilize the building themselves after the lease expires. CHAIRMAN: ' As an automobile show room you 'hope to get a franchise to sell one or more cars? Possibly foreign cars? MR. GIOVANELLI: Something in that line. Something small. CHAIRMAN: Is there anyone present who wishes to speak for this application? «o- Does anyone wish to speak against this application? The Chairman then read a letter from the ,Southol.d- Peconic Civic A8sociation9' Inc® dated May 9th, Herry B. Lytle' President' protesting against the granting of the application. Southold Town Board of Appeals �5� May 147 1959 CHAIRMAN: Are there any comments? (No one wished to speak. ) CHAIRMAN: We will reserve decision on this application and have an answer in one week. Mr. Charles S. Witherspoon and: Mr. Robert S. Witherspoon appeared before the Board for an informal discussion relative to the replacing of a sign. Messrs. Witherspoon explained the Sign advertising business to the members of the Board. They feel that there should be a certain area set aside for signs. " The Board advised them that they should speak to the Town Board about this matter. The minutes of the meeting of 'May 7, 1959 on motion of Mr: Rosenberg, seconded by Mr. Grigonis, were unanimously approved as, submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Mr. Rosenberg reported to the members of the Board that he visited the - property of Ahtone Kull and it is *his opinion that if they move the 'cars so that they are not visible to the street that will be a.11" that is necessary at this time. A letter to Mr. Kull was forwarded to that effect. The next meeting of the Southold Town Board 'of Appeals will be held at 7:3 0 P.M. ; Thursdays May 21, 1959 at_t he Town Clerkts Office, Main Road, Southold, New York. On motion of Mr. Grigonis, seconded by Mr. Rosenberg and carried, it was RESOLVED that the Board of Appeals set time and place-'for hearing on application of Frank Horn, Island View Lane, Greeriport,- New York, for a variance in accordance with the Zoning 'Ordinance, Article III, Section 303, and' Article' X, Section 1000A, and Access under 28OA for permission to reduce frontage and use as a single lot, prop- erty located on private road, south side Island View Lane, south of Peconic Bay Properties,Subdivisiony and bounded north by Barr, east by Peconic 'Bay,' south by Horn, and west by private right-of-way. . Time and place being 7:30 P.M. (E.D.S.T.) May 28, 1959 at the Town Clerk's Office, Main .Road, Southold, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Resolution was offered by Mr. Bergen, seconded by Mr. 0 Southold Town Board of Appeals May 14, 1959 Grigonis and unanimously carried' that the ' applicati on of Dorothy and Michael Reise; Hyatt Road (private road) , Horton Point, Southold, New Yorki for a -variance in accordance with 'the Zoning Ordinance, Article III, Section 300, Sub- section 7, for permission to reduce setback and use as a- private garage. Location of property;north 'by Sound):1east by-O. Lindermayer, south by V. Heslage' 'right-of-way, and west by H. McCabe Estate. -Time and place was set for 7:45 P.M. (E.D;S.T.) , May 281 1959 at the Town Clerk's Office, Main Road' Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and NIr. Grigonis. By Resolution offered by Mr. Rosenberg, seconded by- Mr. Bergen and unanimously carried, 8:00 P.M. (E.D,S.T.) ,' May 28, 1959 at the Tom Clerk's Office, Main Road, Southold, New York, was set for the -hearing upon application of Raymond B. and Sophie M. Smith, Summit Road, Bayview, 'Southold, New York; fora special exception in- accordance with the Zoning Ordinance, Article III; Section 306 for im rmission to reduce setback requirements , on-a corner lot. - lb'catioh -bf property, in Bayview, Southold bounded north by Nidds, east by Private Road, south by Private Road, and west by Macoun. Vote of the Board: Ayes:- ' Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. -Grigonis. On motion of Mr. Grigonis, seconded by Mr. Rosenberg aril carried, it was RESOLVED that the Board of Appeals set time, and place for hearing on application of Costas Stars, Main Road, East Marion, New York ' for- recognition of access to a single lot, under Section NOA of the Town-Law. Location of property, - Private' Road, east side Cedar Lane East Marion- New York. Time and place being - 8:15 P.M. (E".D.S.-T.) i May 28, 1959 at the Town Clerk's Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen? Mr. Rosenberg, and Mr. Grigonis. It was further RFM LVED, that legal notice of hearings is , to 'be 'published in- the official newspaper on date of May 22, 1959. Legal notice to be published in the Suffolk Times. Meeting adjourned at 10:3 5 P.M. r Respectfully submitted, Judith Te' Boken Secretary Gha rman a4r ` . — -- �. c _. r � C J e i __ -- �- � . . o � c o � - •.. _ e e '.. �: .. '. _ _ � _ . .. � , ..� ... a .. � � �%�� -� -: �� P �� - ��.-