HomeMy WebLinkAboutZBA-04/30/1959 o
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Southold Town Board of App; eats
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.
MINUTES
Southold Town Board of Appeals
APRIL 309 1959
A regular meeting of the Southold Town Board of
Appeals was held on Thursday, April 30, 1959, 7:30 P-*-
at the Town Clerk'Is Office, Main Roads Southoldq New
York.
There were present: Messrs. Robert W. Gillispie,
Jr., Chairman, Herbert Rosenberg, and Charles .Gregonis,
Jr.
Absent: Messrs. Robert Bergen and'Serge Doyeit, Jr.
Also present: Mr. Howard M. Terry, Building
Inspector.
PUBLIC HEARING: 7:30 P.M., Appeal No. .160 - Appli-
cation of Olin Glover, Pequash Avenue, Cutchogue, New
York, for a variance and special exception in accord-
ance with the Zoning Ordinance, Article III, Section 303
and 306, and Article X,Section 1000A9 for permission to
use lot and reduce side, yard on corner lot located on
Pequash Avenue and First Street, Cutchogue, New York,
bounded north by Fk! st Street, east by now or formerly
of .Fleet, south by Glover, and west by Pequash Avenue.
Fee paid $15.00.
The Chairman opened the hearing by reading application,
legal notice of hearing and affidavit attesting to its
publication in the official newspaper.
Southold Town Board of Appeals -2- April 30, 1959
CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. HOWARD TERRY, Building Inspector: I wish to say
that the application appears to be reasonable. There will
be approximately 60 ft. front yard setback and 24 ft. side
yard setback.
The Board discuss d the application.
CHAIRMAN: Is there anyone present who wishes to speak
against, this application ?
(Wo one wished to speak. )
.. .Resolution offered by Mr. Rosenberg, seconded by Mr.
Gregonis, and carried, Whereas application of Olin Glover
having been considered at Public Hearing No. 160 on April
302 1%59, and the Board finding that strict application of
the Ordinance would pro uce undue hardship because the owner
of the .';lot would be una le to build on same without securing
this variance. The sit tion is unique and would not be
shared by all propertie alike .in the immediate vicinity
because this is the onl remaining vacant- lot in the immediate
area. The public cone fence and welfare and justice will be
substantially served, a the legally established use of
neighborhood property a d adjacent use districts would not
be substantially or per anently injured, and the spirit of
the Ordinance would be erved bed?ause the lot would be in
conformance with the of er 75 ft. lots in the area.
Be it RESOLVED that the application for a variance and
spe vial exception beg anted to locate the proposed dwelling
at least 24 ft. from First Street, and in line with the other
existing dwellings presently on Pequash Avenue.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg,
and Mr. Gregonis,
PUBLIC HEARING: 7 45 P.M., Appeal No. .161 - Appli-
cation of Hon. Leone D. Howell, 15 Roslyn Road, Mineola,
New York, for a variane in accordance with the Zoning
Ordinancd, Article III Section 303, and Article A, Section
1000A9
For permission t reduce frontage and use as a single
lot, -property located on a private Road, West side of Camp
Mineola Road, Mattituck, New York, and bounded north by
right-of-way, east by RiLlandt south by Great ,Peconic Bay,
and west by Cahill, Fee paid $15.00.
The Bhairman open the hearing by reading application
for variance, legal notice of hearing and affidavit attest-
ing to its publicatioh in the official newspaper.
Southold Town Board of Appeals -3- April 30, 1959
CHAIRMAN: Is there anyone present who wishes to speak
for this application?
Mr. Otto Van Tuyl' Greenportt N.Y. ' stated that Judge
Howell asked him to be present and answer any questions the
Beard might have. Mr. Van Tuyl explained the application
and described what Judge Howell proposes to do.
Resolution was offered$ there being no one present who
wished to speak against the application, by Mr. Gregonis,
seconded by Mr. Rosenberg and carried, Whereas application
of. Hon., Leone D. Howell having been considered at Public
Hearing No. 161 on April 30 19599 and the Board finding
that strict application of the Ordinance wotld.: produce un-
due hardship because :the entire,. area is laid out in 50 ft.
lotsl .this being the only 100 ft. parce19 and the applicant
would be unable to divide this lot and equalize the lots on
either-side of him. The situation is unique and would not
be shared by all properties alike in the immediate vicinity
because this is the only remaining 100 ft, parcel surrounded
by 50 ft. lots. 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 vould be served because the
lot would be in conformance with the entire area and would
improve the area by enlarging the surrounding lots.
Be it RESOLVED that the application be granted as applied
.for.
Vote of the Board: Ayes:- Mr, Gillispie, Mr. Rosenberg,
and Mr. Gregonis.
Mr. Thomas Jurzenia appeared before the Board in connec-
tion with his Appeal No. 145 for a special exception in accord-
ance with the Zoning Ordinance, Article III, Section 300,
Subsection 11, for permission to locate and maintain a
direetional .sign on the south side of North Road, east of
Albertsons .Lane, on property of Mrs. F. Stepnowski, Greenport,
New York. This appeal was held on Thursday, April 21 1959
by decision was withheld pending further information from Mr.
Jurzenia giving a fairly approximate location of the proposed
sign.
Mr. Jurzenia stated that he has received verbal permission
from Mr. Edwin King to locate a sign on his property on the .
southeast corner of the intersection of North Road and Chapel
Lane and requested that the location on his original application
be changed to conform with the new location.
Southold Town Board of Appeals -4- April 302 1959
Resolution was offered by Mr. Rosenberg, seconded by
Mr. Gregonis and carried Whereas application of Thomas
Jurzenia2 having been considered at Public Hearing No. 145
on April 29 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 property
will not be substantially or permanently injured and the
spirit of the Ordinance would be observed, therefore
Be it RESOLVEDthat the application for a special
exception be granted, subject to the written permission
of the owner of the land, for the erection of a 6 by 10 ft.
directional sign advertising only the facilities of the
Silver Sands Motel to be located on the southeast corner
of the intersection of North Road and Chapel Lane, Greenport,
on the land of E. H. King. This sign is to be no closer than
five feet from the property line. This permission is good
until revoked.
Vote of the Board: Ayes:- Mr. Gillispie2 Mr. Rosenberg,
and Mr. Gregonis.
Mr. Peter Pappas, East Marione appeared before the Board
of Appeals for an informal discussion relative to repairing
and extending the front of the Jiffy Bite Orient Point. Mr.
_Pappas indicated that since the front of the building needs
repairs he would like to extend the floor space at the same
time and square the building off with the eaves. The Board
discussed Mr. Pappas' proposal and advised him to apply for
a Variance under Section 404 which has to do with *�6ebe yards
in a "B" Business district. r,..,T 'Wa. r
Mr. John Koroleski came before the Board for an informal
discussion relative to moving his nursery business from its
present location on Sound Avenue2 West Mattituck, to the
Unkelbach property, approximately 3/4 of a mile east of his
present location. Mr. Koroleski is being ejected from his
present locations and has a contract to buy at this new
location which will become final on September 1st. The Board
of Appeals, after discussion of the proposal, advised Mr.
Koroleski to apply for a special exception under Article X2
Section 1007 D9 which has reference to non-conforming usesq
since the building had previously been used for raising2 and
hatching chickens.
Mr. Fred Young, owner of Young 's Boat Yard, in the
vicinity of Sage's Brickyard, Arshamomaque2 came before the
Board for an informal discussion relative to violations he
has received pertaining to signs . Each violation was taken
separately and discussed and the Chairman quoted part of
minutes of another meeting which delt with business signs
f
Southold Town Board of Appeals -5- April 309 1959
advertising products9 One of Mr. Young's signs had been
moved by the State and 'he was advised that he may replace
it as near as possible to the previous location when the
time comes.
Mr. Edward Purcell also appeared before the Board of
Appeals for an informal discussion relative to signs. He
asked several questions relative to the placing of a sign
on the property of Mr. A. F'rohne, Silvermere Road, Greenport
and also relative to a sign for the Sound Shore Motel. Mr.
Purcell stated that most motel signs are electrical in
nature and it is his feeling that they should be at least
four feet from the ground instead of the present three feet.
On motion of Mr. Rosenberg, seconded by Mr.Gregonis and
carried, it was Resolved that the Boardof Appeals set time
and place for hearing on application of George W. Krieling ,
Howard Avenue, Mattituck, New York, for recognition of access.
under Section 280A of the Town Law. Location of property:
private right of way going east from Marratooka Road on
Lupton' s Point, Map of Lupton Point, Mattituck, New York.
Time and place being 7:30 P.M. (E.D.S.T. ), May 14 1959
at the Town Clerks Office, Main Roadt Southold, kew York.
Vote of the Board: Ayes:- Mr. .Gillispie, Mr. Rosenberg,
and Mr. Gregonis.
By Resolution offered by Mr. Gregonis, seconded by
Mr. Rosenberg and unanimously carried, 7:45 F.M. , (E.D.S.T. )
May 14, 1959 was set for the hearing upon application of
Claudio Giovanelli and Frederick Schultz, GreenpOrt and
Southold, N.Y. respectiVely, . for a' special exception in
accordance with the Zoning Ordinance Article IV 'Section
4009 Subsection 99 and Article VIII, Section 80i; Subsection
C for permission to use and maintain premises 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 Gageni east by now or formerly of Gagen, south
by Middle Koad (Route 27A - County), and west by Railroad
Avenue.
Vote of the Board: byes:- We Gillispie, Mr. Rosenberg,
and Mr. Gregonis.
Legal notice on all of the abo#e hearings will be
published' in the official newspaper on May 89 1959•
The minutes of the meeting of April 239 on motion of
Mr. Rosenberg, seconded by Mr. Gregonis, and carried, were
approved as submitted.
The minutes of April 28, 1959 were approved as submitted
. on motion of Mr. Rosenberg, seconded by Mr. Gillispie and
unanimously carried.
Southold Town Board of Appeals -6- April 30, 1959
The Board of Appeals received a communication from the
Planning Board stating that they wish to go on record that
they will be unwilling to recommend any extension of business
zones on the Middle Road until such time as the State, County
and Town agree 'on what type of road there shall be and where
it is to be located.
The Board of Appeals discussed several proposed amend-
ments to the Building Zone Ordinance and a letter was dictated
to the Planning Board with the Board of Appeals recommendations.
These proposed amendments had to do with sign sizes, amusement
enterprises, and distance of signs from the ground.
Meeting adjourned at 11:30 -P.M.
Respectfully submitted,
Judith T. Boken
Secretary
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