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HomeMy WebLinkAboutZBA-04/23/1959 �oSVFFOCk��G Un Southold Town Board ® Ap' peals �•y�®1 ���� S O UTH O LD, L. I., N. V. 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 TownBoard of Appeals April �3 � 1959 A regular meeting of - the Southold Town Board of , Appeals was held Thursday, -April 23 , 1959, 7:30 P.M. , at the Town Clerk's Office , ,Main Road, Southold,. New York. There were present: h1essrs. Robert W. Gillispie , Jr. , Chairman, Herbert RcEsenberg, Robert Bergen, and Charles Gregonis , Jr. Absent: Mr. Serge Doyen, Jr. Also present: Nor. Howard M. Terry, Building Inspector. PUBLIC HEARING:'_ 7:3 0-P.I/I. , Appeal No. .156', Appli- cation of Stephen Irimescu, Private Road, Box 356, Southold, . New York, , for a variance in accordance with the Zoning Ordinance, Article III, Sectibn' 307, for permission to reduce' east. side yard on property located on the west side of North Bay View Road, ,Southold, New York, and bounded north by Goose Creek, east by Mallgraf, south by Private Road, and west by Sayre and Young' Fee paid $15.00. The - Chairman opened the hearing by reading appli- cation for variance, notice of disapproval issued by Southold Town Board of Appeals -2- April �3 , 1959 the Building Inspector, and legal notice of the hearing with affidavit attesting to its publication in the official news- Baper. CHAIRIvUN: Is there ayone present who wishes to speak for this application? Mr. I3:oward Terry, Building Inspector, introduced I+b?. Rodman Webb, Cottage Place., Southold, who is to construct the proposed addition to the Irimescu house. The Board held considerable discussion relative tD t he sketch appearing in the file. CHAIR1vLkN: How close is the next house? 1�1R. VIEBB: There is 30 feet between the houses. MR. ROSENHISEG: If the garage is constructed where they intend there will be 23 feet between the two houses, I have visited the property and am familiar with it. AIR.. 1-dMB: They tried to buy 25 feet on the other side of their house but they couldn' t get it. Iv2. ROSENBERG: This is the only feasible location for the garage , as the view would be obstructed if it were placed in the bac-k­ of the house. There being no one present who wished to speak against this application, Resolution was offered by Mr. Rosenberg, seconded by IvLr. Gregonis , and carried, Whereas application of Stephen Irimescu, having been considered at Public Hearing No. 156 on April 239 1959, and the Board finding that strict appli- cation of the Ordinance would produce undue hardship because proposed location is only logical location and there is no possibility of increasing the size--of the lot The situation is unique and would not be shared by all properties alike in the iinmediate vicinity because this is a 75 ft. lot between taro larger lots and it is impossible to increase its size. The public convenience and welfare and justice will be substantially served, and the legally established or permitted use of neigh- borhood property and adjacent use districts would not be sub- stantially or permanently injured, and the spirit of the Ordinance would be served there are other dwellings with attached garages in this neighborhood. Be it =i O.LVED tllat the application be granted. Vote of the Board: Ayesi- Mr. Gillispie, Mr. Bergen, P11r. Rosenberg, and I-Lr. Gergoni-s. Southold Town Board of Appeals -3- April 239 1959 PUBLIC HEARING: 7:45 P0M. , Appeal No. 157 - Appli- cation of George F. Grathwohl, for Elsie Gratl-iwohl, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance , Article III, Section 303 , and Article X, Section 1000A, for permission to dedicate the followingdes- cribed property to the Town of Southold: Located on the north west side of Grathwohl Road, New Suffolk, New York, bounded north by other lands of the applicant, east by Grath-viol-al Road, south by W. Blanchard, and west by West creek. Fee paid '$15.00. The Chairman opened the hearing by reading application for variance, notice of disapproval issued by the Building Inspector, and legal notice of the hearing with affidavit attesting to its publication in the official newspaper. CHAIFMI N: Is there anyone present who wishes to speak for this application? (No one wished to speak. ) The Board examined and discussed the map of the area as it appeared in the file. There being no one present who wished to sneak for or against this application, Resolution was offered by Air. Gregonis , seconded by Mr. Bergen, and carried, Z,�'hereas application of George F. Grathwohl, having been considered at Public Hearing No. 157 on April 23 , 1959, and the Board finding that strict application of the Ordinance would produce undue hard,-hip because property owners in the area would not have any other access to "West Creek" other than this location. The situation is unique and: would not be shared by all properties alike in the immediate vicinity because this property is to be dedicated to the Toim of Southold and is the only property located in the area directly opposite the end of the public road. The public convenience and welfare and justice will be substantially served, and the 1Tgally established or permitted use of neigh- borhood property and adjacent use -districts would not be sub- stantially or permanently injured, and the spirit of the Ordinance would be served because the property is too narrow to meet the Zoning requirements and would provide public access to the waters of "West Creek". Be it ReSOLVLD, that the application be granted. Vote of the Board: Ayes :- Mr. Gillispie, Mr. Bergen, P1r. Rosenberg, and Mr. Gregonis. Secretary was dictated a letter to Supervisor Norman Ilipp suggesting that the 015.00 fee charged Kr. Grathwohl be refunded in view of the .fact he is dedicating the property to the Town of ,Southold. Southold Town Board of Appeals -4-- April �3 , 1959 Mr. George Fisher, southwest side Tuckers Lane, Southold, N. Y. came before the Board for an informal discussion relative to building an attached garage on the south side of his house, making the side yard less than that required by the Ordinance. The Board advised Mr. Fisher that he should make an application for a variance . PUBLIC II ARINCT: 8:00 P.M., Appeal No. 158 - Application of Helen G. Cochran, for Terry Waters , Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 3007 Subsection 3A for permission to dredge and use for boat basin, property located on the south east corner of Terry Waters Property, bounded north by Lot 8, east by other lands of Tdxry. Waters , south by Peconic Bay, west by Lot 7 and Rambler Road, Southold, New York. Feepaid $15.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing, and affidavit attesting to its publication_ in the official newspaper. OHAIRlvIAN: Is there anyone present who wishes to speak for this application? W. GT RMOID COCHRAN, Main Road, Southold, New York: Helen Cochran is listed as doing-business-as Terry Waters, and has a. very small interest in it. N1r. Terry, Building Inspector? described the map of Terry Waters at Bay View, Southold, N.Y. , and the Board discussed same. MR. COCHRAN: We have permission of the Federal Governmet to dig the canal. Every lot owner from now on will have his own boat mooring. They will -have the use of a private beach and private boat basin. We contemplate , in the future , having a harbor of 3000feet of inland water. CHAIRMAN: Will you want to have any facilities for the owners of property such as gasoline? MR. COCHRAN: Not at all. i,ffi. TERRY: That would not be practical, the land is too low. t� . COC1-1RAN: Mr. Rambo, our engineer, has all the blue prints from the Federal Government, unfortunately he was not able to be here tonight to answer questions. CHAIR1v1AN: There will be nothing commercial about this? hM* COCHRAN: Never. The first deed will state they are entitled to the berth. There will be about 60 berths, 8 feet wide. CHIAIRI'✓IAN: Is there anyone present who wishes to speak Southold Town Board of Appeals -5 April 23 , 1959 against this application? (No one wished to speak. ) :Resolution offered by lair. Rosenberg , seconded by 1\1r. Gregonis and carried, 'Whereas application of Helen G. Cochran, for Terry Waters , having been considered at Public Hearing No. 158, on April 23 , 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 and adjacent use districts would not be substantially or permanently injured and the spirit of the Ordinance would be observed, therefore Be it RESOLVED, that the application be granted for the dredging of the southeast corner of Terry Waters property for a boat basin for mooring of private boats of property owners in this subdivision. Vote of the Board: Ayes :- l-vir. Gillispie, kr. Bergen, Kr. Rosenberg, and !vL-. Gregonis. PUBLIC HEARING: � 8:15 P.M. , Appeal No. 159 - Application of Nichols Properties, Inc. , Cutchogue , -New York, for a variance in accordance with the Zoning Ordinance , 11rticle ZII, Section 303 , and Article X, Section 1000a, for permission to reduce frontage and uae as single lot, property located on the �-aest side of Minnehaha Boulevard, Laughing "daters , Southold, New York, bounded north by Nichols Properties , Inc. , east- by Minnehaha Boulevard, south by H. Currie , and west by iaapp and Byrnes . Fee paid 815.00. The Chairman opened the hearing by reading application, legal notice of hearing, and affidavit attesting to its publica- tion in the official newspaper. CHAIRMtIN: Is there anyone present i4ho wishes to spew__ for this application? 1,D-L. WILLI Ua i WIMIAM, Cutchogue , New York: There is very little I have to -offer in addition to the application, except an apology. I prepared the deed for the seller of the land and had been told by Mr. Nichols and Iir. Reilly that the variance had been secured for the building permit, and it was not until after the application for a building permit had been denied that we found that the variance had not been secured and we told the purchasers that we would make the necessary application at the expense of theseller. I pointed out in the application the other lots have been remapped and remonumented as shown on the map, and we respectfully request that t1m requested application be granted. Southold Town Board of Appeals -6- April. 237 1959 CIIAIRIvZo.N: Is there anyone else who wishes to speak for this application? (No one wished to speak. ) CH1MMAN: Is there anyone present who wishes to speak against this appeal? (No one wished to speak. ) CHAIRMAN: Is there anyone present who wishes to speak or ask any questions? There being no questions Resolution was offered by 1,/fr. Otegonis, seconded by 11r. Bergen and carried, ti,Aaereas appli- cation of Nichols Properties , Inc. , having been considered at Public Hearing No. 159, on April 23 , 1959, and the Board finding that strict application of the Ordinance would produce undue hardship because the owner of this lot would not be able to build on same without securing this variance . The situation is unique and would not be shared by aIL properties alike in the immediate vicinity because this is the only remaining lot in the area which is undersized. 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 hot be substantially or permanently injured, and the spirit of the Ordinance would be served because most of the lots in -the surrounding development are undersized. Be it HESOLVIED, that the application be granted. Vote of the Board: Ayes:- Mr. Gillispie , Mr. Bergen, Mr. Rosenberg, and Mr. Gregonis . The minutes of the meeting of April 16, 1959, on motion of Mr. Bergen, seconded by lr. Rosenberg, wer e approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenbergq Mr. Gregonis did not vote . Mr. Gregonis disqualified himself at this point as he has a personal interest in the following matter. Mr. Rennselaer G. Terry, Jr. , appeared before the Board and requested that a decision be reached in the matter of the Appeal No. 1549 application of George and Lillian Braun for a special exception to erect and maintain a gasoline service station at the intersection of Middle Road and Youngs Avenue, Southold, New York. Southold Town Board of Appeals -7- April 231 1959 After considerable discussion between the Board, Mr. Terry and Mr. William Wickham, with reference to securing the necessary permission from the State or County and Town Highway Depart- ments, it was by Motion of Mr. Rosenberg, seconded by Mr . Bergen and carried, Whereas application of George and Lillian Braun, having begin considered at Public Hearing No. 154 on April 167 . 1959, and the Board finding that the public convenience and welfare and justice will be served, and the legally establish- ed 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, therefore Be it PESOLVED, that the application be granted subject to the following conditions: 1. Location: At intersection of Middle Road and Youngs Avenue, Southold; New York, bounded north by Middle Road, east by Youngs Avenue, south by E. Grattan and Charnews, and west by J. Charnews. 2. Signs to be in accordance with Article IV, Section 408 of the Building Zone Ordinance of the Town of Southold. 3 . No major repair work shall be pef'formed in the open. 4. Pumps , lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or highway, right of way or property line. 5. All fuel or similar substances shall be stored at least fifteen (15) feet from any street or lot line . 6. No automobiles, or automobile parts , dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles, other than thou being setviced, shall be permitted. 7. Application for building permit must be made within one (1) year. 8. State or County, and lown Highway Department permission must be obtained for access to this property. (Written permission. ) Vote of the Board: Ayes :- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. 1✓1r. Gregonis , having disqualified himself, not voting. . _ . . Mr. Charles King appeared before the Board of Appeals and submitted his application for a special exception to replace his Southold Town Board of Appeals -8- April 23 , 1959 non-conforming business building in East Marion. On�motion of Mr. Gregonis , seconded by Mr. Bergen, and carried, it was RESOLVED, that time and place be fixed for the following public hearings to be held by the Board of Appeals of the Tom of Southold 'at the Tozan Clerk's Office, Main Road, Southold, New York, on May 7, 1959: 7:30 P.M. (E.D.S vT.) , upon application of' Costas Stars , Main Road, East Marion, New York, for a special exception in accordance with the Zoning Ordinance , Article III, Section 3002 Subsection 11, for permission to erect and maintain a directional advertising sign on the property of Adam Pekunka, east side of Main Road, Arshamomaque, New York. 8:15 P.M. (E.D.S.T. ) , - upon application of Charles M. King, Sunset ,Shores, East Marion, New York, for a special exception in accordance with the Zoning 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) , East Marion, New York, bounded north by A. Quintana,' east by Pa Van Valkenburg, south by Main Road, and west by A. Quintana. it was further RESOLVED, that legal notice of hearing is to be published in the official newspaper on date of May 1, 1959. Vote of the Board: Ayes:- Mr. Gillispie , Mr. Bergen, Mir. Rosenberg, and Mr. Gregonis. The next meeting of the Southold 'Town Board of Appeals will be held on Thursday, April 30, 19599 -7:30 P.M. , at the TojlrnC lerkIs Office , Main Road, Southold, New York. A letter dated april 20, 1959 was received from Mr. Robert Waddingtohi Fishers Island, New York, requesting that he be advised what Zoning regulations to comply with relative to lobstering off his property. Secretary was dictated a letter in reply to Mr. "I'daddington advising that his operation is incidential to that particular locality as defined under Article III, Section 3007 Subsection 8 of the Building Zone Ordinance, and therefore no permission is required so far as the Building Zone Ordinance of the Town of Southold is con- cerned, as amended. Members of the Board of Appeals visited several local nurseries on April 21, 1959 and learned that there is suitable shrubbery available for the purpose of screening of junk yards. The Board also reached the conclusion that the required screen- ing must consist of hedge or evergreen trees to a height sufficient to screen the contents of the property. r ' Southold totem Board of appeals -9- April 237 1959 The next meeting,of the Southold Tom Board of Appeals will be held, Thursday, April 301 19597 7:30 P.M. , at the Town Clerk's Office , Main Road, Southold, New. York. Meeting adjourned at 11:25 P.M. Respectfully submitted, udith T. Boken Secretary gay �ha�tma C' 6P � v s v