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HomeMy WebLinkAboutZBA-04/30/1959 o Ln T FULA- 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 v - - sg Y