Loading...
HomeMy WebLinkAboutZBA-05/07/1959 ` oFFOCk��G Ln x. Southold Town Boar 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 -Tou,m Board of Appeals May 77 1959 A regular meeting ' of the 'Southold Town Board `of Appeals was held at 7:3 0 P.M. , Thursday; May 72 -1959 at the Town Clerks Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr. , Chairmani Robert 'Bergen, Herbert Rosenberg, Charles Gregonis, Jr. , and Serge Doyen, Jr. Also present: Mr. Howard M. Terry, Building Inspector. PUBLIC HEARING: 7:30 P.M. , Appeal No. 162 - Appli cation' of Costas -Stars' Main iRoad, East. Marion, New York, for a special- exception in accordance with the Zoning Ordinance' Article III, Section- 303 , Subsection. 11, for permission to erect and maintain a directional advertising signori the property of Adam-Pekunka, east side of Main Road, Arshamomaque, New York. Fee paid $15.00. The Chairman opened- the hearing by reading application for special exception, legal notice of the 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- May 7, 1959 Mr. Costas Stars, east Marion, New York, stated that he wished to speak in favor of the application. Mr. Terry explained the sketch of the property where the p oposed sign 'is to be located, - which appeared in, the file. Mr. Stars wishes to erect a three by four foot, one- sided -sign on the north east corner of the property of Adam Pekunka. The Chairman asked Mr. Stars how many other directional signs lie has and 'Mr. Stars indicated he has three signs on his own property, but none located off of his property. CHAIRMAN: Is there anyone who wishes to speak against this application? --- Are there any questions? (No one wished to speak. ) Resolution was offered by Mr. Rosenberg, seconded by Mr. Bergen Whereas application of Costas Stars, having been considered at Public Hearing No. 162 on May 89 19592 and the Board finding that the public convenience and wel- fAre and justice will be served and the legally established or permitted use of neighborhood property will not be sub- stantially or permanently injured and the spirit of the Ordinance will be observed, therefore Be it RESOLVED that the application for a special exception be granted for the erection of a three by four foot single faced directional sign lettered Stars Manor, Cabins, East Marion, New York, with a directional arrow and 4 miles, to be located three feet above the ground and at least five feet from the northeasterly property line on property of Adam Pekunka' Main.Road, Arshamomaque, New York. Vote of the Board: ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Gregonis , ,and .Mr. Doyen. The minutes of the meeting of April 30, -1959 were approved as submitted, subject to correction, by motion of Mr. Bergen, seconded by Mr. .Rosenberg and carried. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Gregonis, and Mr. boyen, PUBLIC HEARING: 8:15 P.M.'' Appeal No. 163 - Appli- . cation of Charles M. King, Sunset Shores, East Marion, New York for a special exception in accordance with the Zon- ing ordinance, Article X, Section 1007, Subsection E, for permission to replace a non-conforming business building. Location of property: north side Main Road, (Route 25) Southold Town Board of Appeals -3- May 79 1959 East 'Marion, New York, bounded north by A. Quintana, east by P. Van Valkenberg, south by Main Road, and west by A. Quintana. Fee p a id !$15.00. Mr. Kirig' present an application which had been amended and Resolution was offered by Mr. Bergen, seconded - by Mr. Rosenberg and carried that the amended application, showing the owner-tenant relationship, .be approved. Vote of the Board- Ayes:- Mr. Gillispie, Mr. Bergen, Mr. -Rosenberg, Mr. Gregonis, and Mr. Doyen. The Chairman opened the hearing by. reading application for special exception9 legal notice of hearing and affidavit attesting to its publication in the official newspaper. Mr. King presented a petition tot he Board and the Chairman read same. This petition contained 15 signatur.est* all of whom represented approximately 90% of the surrounding property owners in the immediate vicinity of the property in question. CHAIRMAN: Is there anyone present who wishes to speak for this application? King Mr./stated that he wished to speak in favor of the application and indicated that the application covered everything he intended to do. CHAIRMAN: Do you intend to move the barn from the property? MR. KENG: Yes. CHAIRMAN: And do you intend to demolish the 96 year old store? MR. KING: Yes. •CHAIRMAN: The front 'of the building -will be 40 ft. wide, approximately as it is on the sketch? The west wall will be 55 feet and the north wall will be 25 feet and 15 feet and the east wall will be 35 feet and 20 feet? MR . DING: Yes, although it may be a little smaller,' but when I applied I used the largest measurements :1' would possibly have . If I made it smaller and wanted to make it larger at a later date I would have to come in again otherwise. CHAIRMAN: What are the dimensions of the present store? NR . KING: 24 x 36, plus the shed on the back of the store which is possibly six by 20. Southold Town Board of Appeals J+- May 79 1959 CHAIRIVIANs In our original discussion about this you said something about the possibility of a parking lot in the rear of the store? MR. KING: On the -east side and to the rear it might be ' possible to set it up so that it may be used as a parking lot. CHAIRMAN: Will there be enought room to make a drive- way beside the building? MR. KING: There will be 22 feet. MR. ROSENBERG:" ' However, I believe each parking space for each-car requires 334 sgare feet and you will not have much space for very many cars. There was c©nsiderable discussion relative to the location of the proposed building. Mr. King' stated that the ardhitecture of the -proposed store would be - colonial in keeping with the other buildings in the vicinity. CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WAYLAND BROWN, Main Road,- East Marion, New York:- I would like to speak in favor of the application. There has been a store in East Marion all of my life and I would like to see it continued, and I think 'it would be good for-'the village. I would also be in favor of modernizing the building . CHAIRMAN: Is there anyone else who would like to speak for this application? MR. ERNEST RADFORD?' Main Road, East Marion, New York: I have no objection. to this application being granted, but I would like to say that this particular area where the present stcr e is located" should all be zoned Business, since East Marion has no business area-. I would also like to see my property zoned business and have said that before. The store has been there a long time and I would like to see it continued' and I do not think the want right to conduct his business should be taken away. CHAIRMAN: You have no objection to modernizing the store- and in addition you would' go further than- that and suggest that an area on both sides of the Main Road should be zaned business? MR-. RADFORD: I think eventually it should be, in at least five years. There was discussion relative to the zoning of a section Southold Toting. Board of Appeals -5- May 77 1959 of East Marion as Business. MR. R OSENBERG st ated that he had spoken to the Town Board and asked their feelings on the pssobility of zoning the particular area in question and adjoining property as Business. The 'Town Board stated that they are perfectly willing to- sponsor a change of zone and consider itfavorably however a petition must be submitted by those property owners in the area that are in favor of the change. The Town Board is in favor of that which is best for the community. The Chairman discussed the advantages and disadvantages of having a business zone in East Marion for those present to consider. CHAIRMAN: Is there anyone else present who wishes to speak for this application? NR. DOYEN: Mr. Kiang' you" would be in favor of having your property and the general surrounding property rezoned for business? MR. KING: I do not know, I -would have to Mink about it. If the rest of the village is in favor of a business zone for that particular area I would go along with them. There was further discussion relative to the location of ' the proposed building with respect to the property and Mr. King confirmed the sketch that appears in the file. The Chairman asked Mr. Radford what would be his advantage of having his property zoned Business. Mr. Radford stated that he does not believe in the idea of keeping things as they were fifty years ago. ' He likes to see' them go forward. He has an office in his hofe and 'if he-wanted to sell that property he could sell it for business if that were the zoning. Mr. Radford believes that every village- should have a business district where business may develop freely. CHAIRMAN: Is there anyone present who wishes to speak for this application? M. ARTHUR QUINTANA- Main 'Road' East Marion9 New York: I own the land on the west and north of Mr. King. I was thinking myself of putting in an application for a business district for my land down to the post office- ' I would- like a better store than there is now' and I would like to also see a business area established. Mr. Quintana went onto describe the location of his property with relation to the location of Mr. Kings store. CHAIRMAN: Are there any other questions members of the Southold Town Board of Appeals -6- May 7, 1959 Board would like to ask? Is there anyone present who wishes to speak against this application? (No one wished to speak. ) CHAIRMAN: I would like to suggest that this hearing be recessed. We will arrive at a decision tonight. Resolution wasp fered by Mr. Rosenberg, seconded by Mr. Doyen and carried, to recess this hearing and arrive at a decision before the close of tonights meeting. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. -Rosenberg, Mr. Grigonis, and Mr. Doyen. After further discussion, Resolution was offered by w Mr. Rosenberg, seconded by Mr. Bergen and carried, Whereas application of Charles M. King, having been considered at Public Hearing No. 163 on May 7, 1959, and the Board finding that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property will be substantially or permanently injured and the spirit of the Ordinance will not be served, therefore Be it RESOLVED that the application be denied because Mr. King wishes to demolish present store and building and replace the present store with a new building costing greatly in excess of 50% of the fair value, as established by the Board, of the present store building. The store is at present non-conforming and we are convinced that the applicant's reasoning is inadequate to permit this Board to grant a special exception. Testimony introduced did not reveal a need for expansion but merely indicated that the immediate neighbors largely favor this project. The solution to this situation lies in a possible change of zone in our opinion. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: 8:30 P.M. (Appeal No. 164 - Appli- cation of Elizabeth T. King, for Lela Tucker, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article IV, Section 400, as it refers to Article III, Section 303 , and Article X, Section 1000A9 forpermission to reduce frontage and use as a single lot property located on the west side of Youngs Road, Orient, New York, bounded north by E. H. King, east by Youngs Road, south by E. H. King , and west by E. H. King. Fee paid $15.00. Southold Town Board of Appeals .7— May 7, 1959 The Chairman opened the hearing by reading application, ' notice - of hearing as it appeared in the officla newspaper, and affidavit attesting to its publication. CHAIRMAN: - Is there anyone present who wishes to speak for this applidation? MRS. ELIZABETH T. KING, Orient, New York: I wish to speak in favor of this application. We wash to build a house. CHAIRMAN: Is there anyone present who wishes to speak against this application? (NO one wished to speak.) Resolution was offered by Mr. Grigonis, seconded by Mr. Bergen and carried, Whereas application of Elizabeth T. King, -having been considered at Public Hearing No 164 on May 79 1959) and the Board finding that strict application of the Ordinance would produce undue hardship because owner would be unable to utilize lot for a residence without securing this variance. - The situation is unique and would not be shared by all properties alike in the immediate vicinitybecause this lot is one of three residential lots in a business area. 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 served because this lot would be used for residenial, in keeping with adjoining property to the north and southy Be it RESOLVED that the applied for. Vote of the Board: Ayes:- Mr. Gillispie , Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, -and .Mro Doyen. PUBLIC TiEARING: 8:45- P.M.' Appeal No. 165, App li- cation of A. 'Halsey Brown, Main Road, (Route 25) , East Marion, New York, ,for a special exception• in accordance with the Zoning Ordinance, Article IV,Section 1+08, Subsection 'A, for permission to erect and maintain a real estate advertising sign on the northeasterly corner of property of Royal Toner, 35 feet south of the IKain State Road, Greenport, New York. Fee paid $15.00. Chairman read the application for a special exception, 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? Are there any questions? Southold Town Board of Appeal -8- May 7, 1959 CHAIRMAN: Mr. Terry, where was this sign located previously? MR'. TERRY': West of Silvermere Road, West Greenprt, Mr. Brown had to take it out of there. CHAIRMAN: Is there anyone present who wishes to speak for or against this application? MR. ERNEST RADFORD, Main Road, East Marion, New York:' I would like to ask a question pertaining to the application. I have a real estate sign at approximately the same location on Tonerts property as Mr. Brown intends to erect his sign. What is the purpose of having his sign to close to mine? Is he trying to blot it out or 'what? My 'sign is located on the -northeast corner next to Powers property, just beyond the stone wall, and has been there before zoning. CHAIRMAN: The question at this point is perhaps the Board should require that the sign- be relocated -within a reasonable distance from where 'it was previously located. In this case 'it would be giving a-man a new sign in an entirely new location. This would be a' 'move of one and g to one and 2 mile from the original location. MR . RADFORD: ' I would like to point out that Mr. Brown has signs all along the Town. After further discussion it was decided to recess this meeting until such time as Mr. Brown would like to come in and give a new location for the sign. The Board is in favor of relocating the sign in an 'area within a reasonable distance from the original location. A letter to this effect was forwarded to Mr. Brown. PUBLIC HEARING: 9:00 P.M. , -Appeal No. 166 - Appli- cation of Harold R. Reeve &- Sons, _for Clarence Tuthill, Mattituck, New York, for a-variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to reduce west side yard on property located on the south .side of' Main Road, Mattituck, New-York, bounded north by Main Road; eawt by Fo Sidor, south by C. Mel ot, and west by G. Fillap Fee paid $15.00. The Chairman read 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 -9- May 7, 1959 CHAIRMAN: Is there anyone present who wishes to speak for this application? Mr. Harold R. Reeve, Jr. , appeared at the hearing to answer any questions the Board might have. CHAIRMAN: Are there any questions from the members of the Board? MLA. TERRY: All houses in the neighborhood are similarly located and it would be impossible to locate the room in any other place. CHAIRMAN: Is there anyone present who wishes to speak against this application? (No one wished to speak. ) Resolution was offered by Mr. Bergen, seconded by Mr. Doyen and carried, Whereas application of Harold R. Reeve & Sons for Clarence Tuthill, having been considered at Public Hearirg No. 166 on May 77 1959, and the Board finding that strict application of the Ordinance would produce undue hard- ship because of the layout of the house it would be impractical to locate the room on the west side where there is sufficient room. The situation is unique and would not be shared by all properties in the immediate vicinity because Mr. Tuthill is confined to his bed and cannot use the second floor and a combination bedroom and living room is necdssary. 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 served because this area is largely farm land and this would still be a continuation of the residential use, therefore Be it RESOLVED, that the application be granted as applied for. vote of the Board: ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: 9:15 P.M., Appeal No. 167 - Appli- cation of Paul's Servicenter, North Road, Peconic, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for permission to erect and maintain an advertising sign on the south side of Ncr th Road (Route 27A), 125 feet east of the servicenter, bounded north by North Road (Route 27A), east by K. Case, south by Railroad, and west by road. Fee paid $15,00, Southold Town Board of Appeals -10- May 7, 1959 Chairman read application for special exception, legal notice of hearing and affidavit of publication as it appeared in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HAROLD E', PAUL, North Road, Peconic, New York: There have been a sign- there before, but it had bloVm dorm. -There had beeri -a sign' on that location for a good five years. We need this sign because of the trees. If the trees are taken down the sign will be taken down. The trees block the view of the station and make the sign necessary to warn the people that there is gas ahead. CHAIRMAN: I would like to make it clear on the location of the old sign that you are speaking about. MR. PAUL: It was on the northwest corner of the inter- section of Mill Lane and Peconic bane and Middle Road. We did not recerect it because it is quite a job and also it was a traffic hazard: . There was a discussion relative to the surrounding property. CHAIRMAN: The sign in question that you are applying for is on the lawn of your property? MR. PAUL: It might be on some County property, one leg of it. MR. ROSENBERG: How far back is your home from the road? MR. PAUL: Between 50 and 75 feet. MR. ROSENBERG: How long has the sign been down? MR. PAUL: about two years. It had been there previous to that for about three years. Mro Robert Paul', son of 'Mr. Harold Paul answered several questions posed by the Board. MR. ROSENBERG: How many signs do you have on your property? MR. PAUL: I believe there are about five signs. (Mr. Paul named them.) There was considerable discussion relative to the location of the pumps, various signs, trees and other obstacles. It was pointed out that' there are actually nine signs on the Paul prop- erty. Mr. Paul stated that he definitely needs four signs out of the nine to conduct his business properly. Southold Town Board of Appeals -11- May 7, 1959 Resolution was offered by Mr. Gregonis, seconded by Mr. Rosenberg and carried,' Whereas application of Pail's Servicenter having been considered at Public Hearing No® 167 'on May 7, 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 will be observed, therefore Be it RESOLVED, that the application be granted" as " applied for and 'amended May '7, 1959, ' for the advertising sign, advertising_ Paul's Servicenter, to be 4 by 5 feet, location to be five feet from any property line. This ' - sign replaces anon-conforming sign which blew down on the northwest corner of Mill Lane and Middle Road (Route 271.) , This permission is subject. to revocation for cause. Mr: Paul Amended his application to state that he would remove all signs on the property except the Mobile sign on the high pole on the west end of the property, the price sign On the- west pillar and the 'price sigh on the east pillar of the canopy and the swinging sign fastened to the front of the canopy. Vote of the Board: 'Ayes.- Mr ' Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. Mr. Richard Kull, son' of Antone Kull, appeared before the Board of Appeals in connection with a letter received from the Planning Board relative to -cleaning up his yard before April 1960 or it will be considered a -junk yard. The property is located on the east side "of Indian Neck Lane, Peconic and can not be seen kom Route 25, Mr. Kull 'wanted to know if he ' would have to fence the property in on four sides, since it is partly surrounded by meadow and woods. Mr. Rosenberg stated that he would visit the property and give his report at the next meeting on May 14th and the Board would then advise Mr. Kull of their determination. A letter to. the Board of Appeals from Mary E. Pylko was read. Mrs. Pylkots letter gave permission to J® Richard' "Holmes to put a sign on her property advertising the Old Mill Inn. Mr. Holmes application No® 109 fora special exception was continued from November 6, 1958 pending receipt of written permission from Mrs. Pylko. -Resolution was offered by Mr. Bergen, seconded by Mr. Doyen- and carried, lghereas application of J. Richard Holmes, having been considered on November 6, 1958 .and May 79 19597 Appeal No.-. 109, and the Board finding that the public con- venience and welfare and justice will be served and the Southold Town Board of Appeals �-12- M*y 7s 1959 legally established or permitted use of neighborhood property will not be 'substantially or permanently injured and the spirit of the Ordinance would be observed, therefore Be it RESOLVED21 that the application be granted as applied for. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. The next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M. ' Thursday, May 14-, 1959 at the Ta%Tn Clerk's Office, Main Road, Southold, New York. On,motion of Mr. Rosenberg, seconded by Mr. Doyen and carried9- it was Resolved that the Board of Appeals set time and place for -hearing on application- of Peter Pappas, East Gillett Drive, East Marion, New York7 for a variance in accordance with the Zoning Ordinance, Article IV, Section 4042 for permission to reduce`-front yard requirements on property located on the east side of Main Road (Route , 25) , Orient Point, New York, bounded north by E. McDonnell, east by E. McDonnell, south by parking field and west by MainRoad (Route 25). Time and place being 7:30 P.M. (E,D.S .T .) - May 21, 1959 at the Town Clerk's Office, Main Road, Southold, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. By Resolution offered by Mr. Gregonis, seconded by Mr. Bergen and unanimously carried, � 7:45 P.M. (E'.D.S.T. ) ; May 21, 1959 at the Town Clerk's Office, Main Road, Southold, New York, was set for the hearing upon application of "F. j. Rossi, Depot Lane, Cutchogue, 'New York, for a special exception in accordance with the zoning Ordinance, Article III, Section 300, Subsection 119 for permission to erect and maintain a directional sign on the vicinity of intersection of Depot Lane and Oregon Road, Cutchogue, New York. Vote of 'the Board: 'Ayes: Mr. Gillispie , Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. Resolution was offered by Mr. Doyen, seconded by Mr. Rosenberg, and unanimously carried, that the application of William Arasimowicz, Private Road, north side the Gloaming, Fishers Island, New York' for a variance in accordance with the Zoning Ordinance, Article III, Section 3009 Subsection 7 for permission to reduce front yard 'set back requirements and build private garage on property located on. Private Road, north side The Gloaming, Fishers Island, New York, bounded north by Southold Town Board of Appeals -13- May 7, 1959 West Harbor, east by E. Hedge, south by G. Leone, and west by D. Torrance. Time and place was set for 8:00 P.M. (E.D.S .7) May 21, 1959 at the Town Clerk's Office, Main Road, Southold, New York. Vote of the Board: tiyes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. It was further Resolved, that legal notice of hearings is to be published in the official newspaper on date of May 15, 1959. Legal notice of the Arasimowicz case was also forwarded to the New London Day, New London, Connecticut to be published. Meeting adjourned at 12:50 AM. Respectfully submitted, Judith T. Bokea Secretary a 6Q td 0f PPP ais �hairm �w e��