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HomeMy WebLinkAboutZBA-12/09/1959 �oS,UFFUU`�oG Southold Town Board ®f Appeals SOUTHOLD, L. L, 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 December g, 1959 A regular meeting of the- -Southold TownBoard ,of - Appeals was held 7:30 P.M., Wednesdays December 9'' 19599 at the Town Clerk Office, Main Road, Southold' New York. There were present: Messrs. Robert W: Gillispie ' Jr. , Chairman; Robert Bergen, Herbert Rosenberg, and Charles Grigonis, Jr. Also present: Mr. Howard M. Terry, Building Inspector. Absent: Mr. Serge Doyen, Jr. PUBLIC HKARING: 7:30 P.M., Appeal No. 239. - Upon application of Geririaro 'Ma.neri,- Pike and Maple Avenue' Mattituck; New York, -for a variance in- accordance' with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission 'to locate 'private -garage- with- reduced setback. Location of' property: south side Pike Street- and west side Maple Avenue, Mattitucki New,York, bounded north-by Pike Street' east 'by Maple Avenue; - south by H. R. Reeve, and west by E. Pike. Flee paid $15.00. The Chairman opened the hearing 'by reading notice of disapproval issued by the Building Inspector, application r Southold Town Board of Appeals -2- December 9, 1959 for a' variance, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? MR.- GENNARO MANERI, pike and Maple 'Averiue, Matt ituck, New York: I wish to speak for myself and answer any questions. CHAIRMAN: These pictures here are of your house and property? (Mr. Maneri identified the pictures appearing in the file. ) (Mr. Howard .M. Terry,' Building Inspector stepped forward and further explained the pictures and proposed location of the garage. ) MR. MANERI: The roadway in front of my house is supposed to be 56 ft. ,- but the paved part is all on one side which is the side across the street. There' is 18 ft, of undeveloped roadway in front of my house and another 18 ft. from there to the house itself. CHAIRMAN: What is the setback of other houses on the street? MR.' TERRY: There is only one on -this side of the street at the end of the road that is further back. CHAIRMAN: How much land is on the garage side? I1R. MANFRI: The land is 225 ft. bdek''all together. From where I-want to put the garage there will 'be 18 ft. on Maple Avenues and that is what my house is now. CHAIRMAN: You say the hardship here is the cesspool location? MR. MANERI; -Two cesspools, and the grape vines and the slope of the land. The land falls off to the southQ The grape vines I have spent eight or nine years raising. CHAIRMAN: Is there anyone else present who wishes to speak for this application? Is there anyone present who wishes to speak against this application? Does anyone wish to ask Mr., ivianeri any questions? (There was no response. ) Resolution was offered by Mr. Rosenberg, seconded by i Southold Town Board of Appeals -3- December 9, 1959 Mr. Bergen, and carried, it AS Appeal No. 239 having been considered at Public Hearing No. 239 on December 9, 1959 and the Board finding that strict application -of the Ordinance would produce' und ue hardship because by placing the garage , back 50 ft.-it would be directly over one of the cesspools, also the land slopes considerably to the south, making ' the- proposed- location on the' most level- portion of the lot. The situation is unique and would not 'be shared by all properties alike .in the immediate vicinity because this ' is a corner lot which had,beenz built on prior to the adoption of the Zoning Ordinance, and the location of the cesspools make it almost impossible to -comply with present legulations. 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 - substantially or permanently injured and the spirit of the Ordinance would be observed because the'setbdek of this garage' would 'genefally confcrm,to the setback of other structures in the neighborhood, therefore be it RESOLVED that the' application' be granted as applied for because the Board feels the hardships do exist which justify . granting this application. Vote of the Boards Ayes:- Mr. Gillispie, Mr. Bergen, Mr, Rosenberg, Mr. Grigonis. PUBLIC HEARING: 7:40 P:M., Appeal ,No-. '240 Upon application of LeRoyTuthill, Main 'Road' Mattituck' New York, for a special exception- iri accordance with the Zoning Ordinance, Article' IV, Section 408, and Article VII,' -Section 703A, for - permission to erect three (3) portable -grouhd signs on premises - of ESSO"S;ervice ,Statiori', corner of Main Road and Wickham Avenue, Mattituck, New York. Pee paid $15.00. Mr. Robert Bergen disqualified himself from sitting on the Board for this hearing. The Chairman opened the hearing by reading..a.pplicatiori l for a' special exception, lega notice of hearing, and affidavit attesting to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? Mr. Terry stated Article 'VII was stated incorrectly 'in the legal notice as VIII. The Board agreed this would in Southold Town Board of Appeals -4.- December 91 1959 no way affect the hearing of this application. MR. WILLIAM' WICKHAM'' Attorney for Mr. Tuthill' Mattituck, New York: I do not know whether you have had' any of' these' before you- before to have seta precedent or not. - We realize what is said' and-done here - tonight'not only is effective as to this gas station, but any others in Southold Town. It is not a question of location of permanent signs or location of any buildings' it is' niore, I think a question of iierchandising9 not only frommnth to month but 'from week- to' week" and' day to' day. I do not- think there is - do.question as to''how this matter came up in this particular instance It has been known for some time that the "gas stations in Riverhead 'Town 'and I guess beyond have- been cutting prices and a lot of transient trade has gone there. CHAIRMAN: In the summer time? MR W ICIMM: I know-my man has mentioned it for some time. I am just bringing this 'up, as to how it came' about. Gas station business, I think you know' a very high percentage is transient. MR. LeROY TUTHILL, Mattituck; New' York; brought out the fact if a station has been selling 3000 gal' ' a 'month, in the summer time'he might pump 10,000 or 'maybe 8600. - Now with many people working in Riverhead and Calverton when they see a price cut they buy gas up there and therefore the local dealers suffer. CHAIRMAN: What did you pump in July and August, if I might ask? MR': TUTHILL: Comparable to''the figures just mentioned with- out a sign indicating a price cut-. If permitted, I will use regular uniform signs which can be read, readable signs. M*' WICY11AMo Mr. Tuthill put out his sign which apparently was in violation. ' 'Of- course, as' mentioned 'in the applications in this -particular section you do see considerable advertising across the street. CHAIRMAN: You mean behind the windows? MR. WICKELAM ' YesThat is just the point, I know you do not have any control over that. CHAIRMAN: But that is not competition in the product. MR. WICHHAM: However; Bohack's has antifreeze for sale. You have' a question of limited 'advertising in this" field and unlimited advertising in 'another field in the exact locality. The question is how far you should go and what is orderly 1 Southold Town Board of Appeals -_5- December 91 1959 advertising. - These people in the service station business in order to advertise aritifreeze, 'if there is a price situation, they like to advertise the price and any fill 'in accessories' they handled I do not know how they are going to effectually carry out this- advertising unless they have some sort of transient or spot sign. THE CHAIRMAN: When you say that you mean FS.SO? MR.- WICKHAM: We have to go back again to the fact this is' a transient business and 'they have to have some means to catch the eye 'of- the public. ' You do not necessarily need such r_signs as Chevron Flying Ho, se. , or ESS�O, - etc. 9 you have to go further than that. 'They cannot-do it by window display or through the mails or newspapers, they have to have spot advertising. MR. HOWARD M. TERRY, 'Building -Inspector: This has nothing to do with being for or - against this appeal, but this station is one of the few stations that has been authorized and built since the Ordiriance 'went into effect, limiting signs, etce that the gas stations have. Most of the gas stations have been in business for years and do have these signs which are non-con forming. I had to give Mr. Tuthill a violation as he did not have them before acid had- no possibility of- getting them until a special exception is applied for and granted. MR. ROSENBERG:- Might I interrupt, and ask you whether you are speaking for or against this? MR. TERRY: Neither, that is just for the record. MR. R'OSENBERGs Mr. Wickham, you are aware that on June 25th of this year 1959 they were granted a 'special exception through the agency of Mr. Dunathan representing 13SSO who' appeared here on June '25th and asked for a special exception- for another sign other than those permitted in the Ordinance, that the sign he -was asking' for and was granted was the 'only' ' . sign he would ask for, and stated- they opposed -any other signs. That is the sign on the west end of the' station. That was his persuasive argument that that was the only other sign they wished. MR. WICIMMs J do not know if he specified this type of sign or permanent signs. MR. ROSENBERGIF This is' 'one- of the nicest stations that we have around here. There is an ESSO station here in Southold and they do not go in 'for those signs. -I attended a seminar Saturday where a Shell representative gave a talk and they are opposed to these small signs. , The representative- of the Shell Company stated that the only additional advertising they Southold Town Board of Appeals ..6.' December 92 1959 would like to have would be something for eight or ten days on an opening of a station. MPL.' WICIMM: I dare 'say they would be the first to howl if business fell off. MR. ROSENBERG: In Huntington it 'is forbidden to put up there signs. I myself thought you had a very beautiful station there. THE 'CHAIRMAN: The representative of Shell also pointed out"that he thought that any regulations bearing on' advertising should beneither more nor less restrictive to a service station than a Board of Appeals 'would be to any' other 'business in- al.-business area; not to 'single out gasoline- service stations for any special treatment. In other words2 what is' done in con- nection with gas stations advertising should apply to any other business on the same section. Is' there anyone else present who wishes to speak for this application? Is there anything anyone would care to add? Are there any questions anyone would like to ask of Mr. Tuthill or Wickham? Inr order to clarify what you do want, you are asking for three portable standing signs? MR. TUTI3ILL: One that might be car wash' oil change' etc. A lot of people do not look into the station 'to see what is on the windows. With thEise' signs' near the "sidewalk it will catch their attention to any specialK we might be having. CHAIRMAN: - Is there anyone present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: I would like- to-- ask Mr.- Wickham if a special exception were granted for this purpose of portable signs, the same thing would create a precedent which would extend over the whole area of Southold Town, unless he can otherwise explain. MR. WICICUM4 Maybe the Ordinance did riot contemplate' this particular think. The Ordinance is pretty general. This is just as general as you can get. THE CHAIRMAN: The policy, of the Board has- been, you might say adamant a's far as signs are' concerned: The oomething we are backed on is signs and as' I have ofteri 'mentioned in hearings in connection 'with sign applications, we have had as many as 500 names against a particular sign. Southold Town Board of Appeals -7- December 9, 1959 Is there anyone else present who wishes to say any- thing on this? MR. ROSENBERG: 'As you can' gather from things I have said I am opposed to this. When this station was originally proposed there was a great deal of opposition to it' and some of the persuasive reasoning was the type' of station to be put up arid" I was in favor of it and I believein -the photographs and sketches and the ESSO People did just exactly as' they said they would do, and the people in Mattituck were in favor of it. MR TUTHILL: I want to do this on my own, this has nothing to do with ESSO itself. MR: WICK[iAM: This is still a summer section as far as retailing. The people seem staisfied to stay the way they are. MMR. TUTHILL: That is because they already have their signs. MR.- R OSENBERG: All I can say as far as your station is concerned; the special exception was granted and maybe there are conditions that warrant A- change"in the conditions that were in the first time, but I do not see them. THE CHAIRMAN: I can sympathize with your position, as' what the ESSO people said to us on the-occasion of applying for this is of no interest to you but a handicap at this point. MR: WICK[3AM: - I still maintaii that that position is dis- criminatory where perhaps- 90% of the stations can advertise as they want. I feel Mr. Tuthill should be treated on the same basis. MR. ROSENBERGs We did authorize several stations but with the usual conditions of three- signs. ` Your station has four signs because of the conditions 'of trees; corner, etc. The stations that have been authorized have not been given any other privileges than '-any other business. This particular location I feel very strongly about. THE CHAIRMAN: If there is nothing further to add we will close the hearing at this point and give it further deliberation by the Board later this evening. On,motion of Mr. Grigonis, seconded by Mr: Rosenberg and carried, WHEREAS application-of 'LeRoy Tuthill having been con- sidered 'at Public Hearing No. 24-0 on December 9, 19592 and the Board findir_g 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 permaneritly injured -and the spirit of the Ordinance will not be observed, therefore be it RESOLVED that the application be denied because the Board Southold Town Board of Appeals -8- December 9, 7959 feels that it is- 'not a proper function of the Board of Appeals to vary the Zoning- regulations ln"'order to equalize business- competition' and also becau:se ' the granting' 'of this application would be contrary to all previous decisions relative to signs. In- addition, on 'June 25, 19599 because of visi- lity conditions on this street do additional business-sign was permitted over and above -the usual number of three (3 ) permitted- on a- business corner-. At -the time of the public hearing upon application to construct the service station, which was completed about July 1, 19599 the ESSO representative stated the permitted signs would be' sufficient. However' the company later found a need for an 'additional standing sign and was granted same. The 'sate reasoning prevails today as it did at the time of granting .the original application for the con- struction of the station. A fine modern service station is an asset to this important shopping area and it' has proven so. No other station erected -since the establishment of the Ordinance has other than the permitted signs and a great many of the non- conforming service stations have removed the so called "illegal" signs of their own volition. Vote of the Board: Ayes: Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. 'Mr. Bergen not voting as he disqualified himself from sitting on the Board for this hearing. PUBLIC HEARING: 8:00 P.M.-9 Appeal No. 241 - Upon appli- cation- of Floyd Houston, a/c Goldsmith and Tuthill, Youngs Avenue, Southold, New Yorks for a variance in accordance with the Zoning Ordinance, Article V, Section 503 for permission to reduce side yard setback on side of property bounded by railroad right-of-way. Location: of property: 'west side Youngs AveniB , Southold, New York' bounded- north by L. I. Produce and Fertilizer. Co. , east by Youngs Avenue, south by Railroad, and west by Long Island Produce and Fertilizer Co. Fee paid 815.00. The Chairman opened the hearing by reading notice of dis- approval- issued by the Building Inspector,- application for a variance, legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAIRMAN: I think that all of the Board is thoroughly familiar with the location, we have all bean over there and looked at it. Is there anyone present who wishes to speak for this application. MR. FLOYD HOUSTON, New Suffolk, New York: When I put that Southold Town Board of Appeals -9- December 9, 1959 plant in 12 or 13 years ago that triangular -section which,you see on your little plan was of no use 'to us. The four 10 000 gal. storage tanks were put in the corner at - that time with the expectation that *we would expand to the west. We are now plan- ning to put in two 15,000 storage tanks, 30,000 more storage in the event of a' break down-of transportation and. I would like to have them up in the air so in the -case of power failure we could' get fuel-. We would also like to build a garage and office sometime in the future and I have the plans here. (Mr. Houston produced plans for the Board to see. ) We would like to have the two tanks as we have the only storage around this area. The present tanks which are underground are about 2 ft. from the line, however, 'these will be much further, 6 'or 8 ft. further because the tanks are not as long as those in the ground. THE CHAIRMAN: How long are the tanks? MR. HOUSTON: They are 10 ft. - long by 25 ft. in diameter. Usually these tanks are painted aluminum. XHAIRMAN: (referring to sketch) Is the fence on your line? MR. HOUSTON: I am quite sure it is on the line. I believe the property line is the fence. My line to the railroad is 242- ft. THE CHAIRMAN: Are you going to abandon the railroad siding? M. HOUSTON: No, that will be retained, because at some time it might be necessary to bring fuel in by tank car. THE CHAIRMAN: How thick are those slabs? MR. HOUSTON: Heavy enough to take the biggest transport trucks. THE CHAIRMAN: As I understand the reason for putting them up ih' the air is in case of a power failure? M. HOUSTON: We "have had power failures, also 'in case of a brddk down in our own equipment or bong Island Lighting and so forth. CHAIRMAN: Is there anyone else present who wishes to speak for this- application? Is there anyone present who wishes to ask Mr. Houston any questions about the application? Your only reason for putting them in the air, as I under- stand it, is because of these slabs and the power failure? MR. HOUSTON: And it is much less expensive. Southold Town Board of Appeals -10- December 9, 1959 THE- CHAIRMAN: I hear it is' about half a dozen of one and six' of another of a question of deterioration on a tank you put above or below the ground. MR. HOUSTON: You can' also load a truck faster with a gravity feed than you can with pumps. MR. BERG-EN: I do not see how you can pump faster with them above ground. I maintain it can be done just as fast when they are under ground. THE CHAIRMAN: I think it would be much more 'desirable if they did not stick up in the air. They would be visible from the Main Road. MR. H OUSTON: I have one up in the air at New Suffolk which I, painted red and it had been aluminum and most people thought they would see 'it but they do not see it very much. They could be painted green. THE CHAIRMAN: I talked to one man today who lives near to tanks and he said nobody else wants to live near -there. As I understand it' there is going to be some effort -made to improve that area a bit. i believe across- the street is a residence and there is some intention of the Long Island Rail- road abandoning that station. Also the hardware store across the street is 'not in "use 'and I have heard -there is- some plan to perhaps have a modern shopping center in that area and it would be directly opposite your place. Further'looking into the future' I would like to see them down rather than up. I would be in favor of granting this variance provided you agree to place the tanks undergrouund so that' they are not an eye sore. Also there is some hazard"involved in overhead tanks rather than having their in the ground. We were told Saturday by a Shell executive that the safety feature as far as tanks being under- ground were minimum: 'risks and the only places which are less are churches ' and taverns, etc. are more of a risk' than gas stations. From the hazard angle they are safer underground. MR. HOUSTON: Gasoline' yes. These are fuel oil tanks. I would not put gas in the air. Is it a difficulty of being unsightly? THE' CHAIRMAN. To s!ne extent I would say so, I do not know what the rest of the Board would say. MR. HOUSTON: What if I put them out 30 ft.? THE CHAIRMAN: The Board has no control over them if you located these tanks in the -air or up to 50 'ft. is long as they are 30 ft. from the railroad right-of-way. What I was concerned about; in the- interest of Southold and- the people who live around" here, that with a plan afoot to improve the area, to put a couple of tanks of that size up in the air Southold Town Board of Appeals -11- December 9, 1959 at that point would be the first thing people coming into Town would see. ER. HOUSTON: Suppose I inquire as to the cost of putting them into the ground? THE CHAIRMAN: We would postpone decision in this matter and continue the hearing until a later date. MR. GRIGONIS: I Would rather see them in the ground. I feel that way about all tanks. MR. BERGEN: My opinion is that a truck can be loaded just as fast from a ground feed and I would 1'i_k_e to see them in the ground. My tanks are in the ground and I have a 4 in. feed line. MR. ROSENBERG-: First of all the tanks that you have now are a non-conforming installation that would not be permitted if they were to be put in now. -You have a right, without consulting us, to put them anywhere on the property providing they are 30 ft. away from the railroad and any street. I do not know anything that you have said so far, from my point of view' that gives -us a legal point. There' is no unnecessary or unusual hardship. You wish to 'utilize' your land to the best advantage. That is not a legal hardship. Nor is this at all a unique situation. MR. HOUSTON: That would be the most efficient location. MR. ROSENBERG: To your advantage. I am waiting for you to tell us of any hardship. You must prerxent ' a hard- ship. The onlyhardship for you is to- be most advantageous. That is a personal hardship. - From my- point of view, from my position on the Board, you will have to produce a hard- ship and a unique situation. THE CHAIRMAN: The purpose of as hearing is to produce additional information. You did bring out the fact there are concrete slabs. MR. HOUSTON:' As far as the' west end of the property is concerned there is a sump there which drains all of that, area. Where the other part of the property is concerned, we have a non-conforming situation there and If I can not put anything in there, then the property is useless to me. Mr. Chairman, I would like to have °this hearing continued to a later date so that I may get a price on putting the tanks underground. On motion of Mr. Grigonis, seconded by Mr. Bergen, and Southold ToUm Board of. .Appeals -12- December 9, 1959 carried, it was RESOLVED to continue this hearing until December 23 , 1959• Vote of the Board: Ayes:* ' Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: 8:20 P.M.9 Appeal No. 242 - Upon appli- cation of Nelson Axien, Box 3 52, Peconic, New York, for a variance in- accordance with the Zoning Ordinance, 'Article III, Section 3031- and Article X, Section 1000A. Variance- is also requested due to lack of access in accordance with Mate of new York Town law; Section 280A. - Location of 'property: north side Private Road, off Mill Road, Peconic, New York, bounded nor th by LongIsland Sound, -east by other lands of the appli- cant, south'by right-of-way, and west by G. Hipwell. Fee paid $15.00. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector, application for a variance, legal notice of hearing with affidavit attest- ing to its publication in the official newspaper. CHAIRiIIAN: Is there anyone present who wishes to speak for this application? MR. NELSON AXIEN Peconic,* New York: I have a chance to sell this house ands lot on one half of the property on which' I built it in the first place in 1947 and the buyer does not want the entire property and I would like' to sell the house and use the other 'one -half of the property for myself to build a home. Mr. Van Tuyl has divided the property in half for me and the dimensions are on the sketch you have in the file and a legal description is also there. MR. ROSENBERG: What does that make each piece, about one half acre plots? MR. AXIEN: Yes. THE CHAIRMAN: As I understand you wish to build 'a house on the remaining lot' for yourself. How will you locate the house, will that require side yard variances? MR. AXIEN: There is enough to put a house in there without requesting a variance. THE CHAIRMAN : Is there anyone else present who wishes Southold Town Board of Appeals -13- December 9, 1959 to speak for this application? Is there anyone present who wishes to speak against this application? (There was no response. ) MR: ROSENBERG: Is that the same access all the other people up 'there use? MR. AXIEN: Yes. THE CHAIRMAN: How wide is the access road? MR. AXIEN: 33 ft. THE CHAIRMAN: That is not a Town road? MR. AXIENs No, a 'private road® It continues down in the same direction, turns left at Autumn Lake and goes along to a Town road. THE CHAIRMAN: Does that road have a name? MR. AXIEVi : No. CHAIRMAN: Is there" anyone else present who has any- thing to say for or against this application? (There vas no response. ) Resolution was offered by Mr: Bergen, seconded by Mr Gri.gonis , and carried, WHEREAS application of Nelson Axien, having 'been considered at Public Hearing' No. 21+2- on December 91 1959, and the Board finding that the strict application of the Ordinance would produce undue hardship because appli- cant constructed the present house far to"one side of the lot in 1947 with the intention of building a second house on the other side of' 'the lat in the future. The situation is unique and. would not be shared by all properties alike in the immediate vicinity because this is the only oversized lot in the area. Other lots have less than 100 'ft. frontage. The public convenience and welfare and justice will be substantially served and the legally established or permitted use of neibh- borhoodaproperty and adjacent use- districts would not be - substantially or permanently injured and the rspirlt of the Ordinance would be observed because applicant intends to build a dwelling in donformance with neighborhood dwellings and -locate same between 150 and 175 ft. from the right-of-way, therefore be it RESOLVED that the' 'application be granted because the Board feels it would be an undue hardship to prohibit the Southold Town Board of Appeals -14- December 9; 1959 division of this property which amounts to about an acre because of undersized frontage. Recognition of present access road which proceeds in a westerly-direction from Mill. Road at Goldsmith Inlet is 'also approved. In building on the remaining portion of the property, specifically the east- erly lot after the division' it is agreed that -applicant will not request side ,yard variances on any residence constructed. Description--Nelson Axien lot adjoining Hipwell. This is the lot upon which is located the dwelling which Mr. Axien proposes to sell: Beginning at the southwesterly corner thereof at a point on the northerly line of a 33 ft. right-of-way, said point of beginning being the southeasterly cornier of land previously conveyed by Nelson Axien to 'John 'F. Renhan (now Hi'pwell) ; from. said point of beginriing-'running thence along said land previously 'conveyed by Nelson Axien to John F. Renahan N.31o20tW--300 feet more or less, to the ordinary high water mark- of-Long Island Sound; thence easterly along said high water mark- of Long Island Sound; 75 feet, more or less; thence running along land of Nelson Axien parallel with' the westerly boundary of the premises herein described -arid 72.45 feet easterly from said westerly.. boundary, measured at' right angles thereto, S.31020eE. '310 feet' more or less, to said northerly line of said 33 ft. right-of-ways thence 'along said northerly line of said 33 ft- right-of-way S.82b49tW.-79.40 feet to the point of begin- ning. Description--Nelson. Axien lot adjoining Birchard® This is the lot Mr. Axien intends to retain and build a dwelling on. Beginning at a point on the northerly lire of a certain 33 ft. right-of-way over land of' Nelson Axien, said point of beginning being N.82049tE.-344.40 feet along said northerly line from the easterly boundary 'of land formerly of Floyd Vail (now Williamson) ; from said- poirit of beginning running along land of Nelson Axien parallel Frith the westerly boundary of land previously conveyed by- Nelson Axien to Burt G. Lewis (now Birchard) , 72.44 feet westerly from said westerly boundary measured at right angles thereto, N-31o201W.-310 feet, more or less, to the ordinary high water mark 'of Long Island Sound; thence easterly along said high water mark of 'Long Island Sound9' 75 feet; more or less to said land previously conveyed by Nelson Axien to Burt G.� Lewis; thence along said land previously 'conveyed by Nelson Axien to Burt G- I;ewis S.31020'E.-300 feet, more or 1ess7 to said northerly line of said 33 ft." rig4t®of-way; thence along said northerly line of said' 33. ft. ri ht=of=way, 2 courses, as follows: (1) S:67°50t30"W:-66.09 -feet; thence (2) S.82049iW.--7.90 feet to the point of beginning. Southold Town Board of Appeals -15- December 9, 1959 Vote of 'the Board: Ayes Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. ,Grigonis. PUBLIC HEARING: 8:40 P.M, , Appeal No-* 243 -,Upon application of Midgley and Horton, a/c Fritz Kohn,' 'Cutchogue, New York, for a variance in accordance 'with the Zoning Ordin- ance, Article III, Section 304, as' -referred to in Article IV, Section 400, Subsection 1' for permission to' reduce- front -yard setback for a residential dwelling in a business district. Variance is also 'requeste'd due ,to lack of access in' accordance with State of New York Toiun Law, Section 280A. Vocation of property: Private Road, east side Old Harbor Lane, New Suffolk, New= York,' bounded north by H. E. Mason, east by Private Road; south by H. H. Tuthill, and west by Canal. Fee paid $15.00. The Chairman opened the hearing by reading- notice of. disapproval- issued by the building Inspector, application for a variance, legal notice 'of hearing with affidavit attesting mto its publication in the official newspaper. THE CHAIRMAN° Is there anyone present who wishes to speak for this application? MR. WILLIAM WICIHAM, Mattituck, New York- I do not think I can add much to the application; I believe you have a sketch there. They have more than ample space on the Creek side and plenty on the north and south sides. The sketch will show the developed area a little more fully. The lots are not very deep. Three of them have a width of 150 ft. As stated in the application, this - is the- only residence here. Mr. Mason to the north only has docking space. CHAIRMAN: How much closer would you be than the existing line which is established by the existing dwelling? MR. ROSENBERG: There was . a trailer there: The present house will be' the -dining room of the new house. The present house is 27 ft. from the right-of-way. CHAIRMAN: Will the porch have a roof on it? MR. WILLIAM S. MIDGLEY, JR. : Yes. (The Board discussed the sketch appearing in the file. CHAIRMAN: Across the street is a boat house? Southold Town Board of Appeals -16- December 9, 1959 MR. MIDGLEY: Yes, several boat sheds. MR. CURTIS HORTON: It is a piece of land that is surrounded by two canals. MR. MIDGLEY: This will be a year around residence. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response. ) THE CHAIRMAN: Is there any possibility of being any more houses along the canal? MR. WIC?UiAM: No one else is anxious to sell. Harry Tuthill is not anxious to sell. THE CHAIRMAN: ' Is there anyone present who wishes to speak against this application? (There was no response. ) Resolution was offered by- Mr. -Rosenberg, seconded by Mr. Bergen, -and bdrried, WHEREAS application of- Midgley and Horton, a/c Ritz Kohn, having been considered at Public Hearing Nai. 243 on December 9, 1959, and the Board finding that the strict application of the Ordinance would produce undue hardship because applicant purchased this lot several years ago and there has been a small -dwelling thereon for sometime." Applicant wishes to enlarge aid improve the dwelling and there is no possible way to enlarge the'-lot. The situation is unique and would not be shared by all properties alike in the 'immediate vicinity because- this -is the only residential- building in this "B" Business District. 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 expansion -of the dwelling would be in keeping with the other residences in- the area and infact improve the neighborhood, therefore be it RESOLVED that the application be granted as applied for subject however to the condition that the front yard sethack be at least 12 ft. Vote of the' Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Bca rd of Appeals 17- December 92 1959 PUBLIC HEARING: 9,00 P.M.2 Appeal No. 244 - Upon appli- cation of Almet Latson, Private Road, east side Youngs Avenue, Southold, New York, for a variance due to lack of access ' in - accordance with State 'of New York Town Law, Section 280A. Property located on private road, east side Youngs Avenue, Southold, New York, bounded north by H. S. Joost_,. east by other lands of the applicant, south by K. T. Salmon, and " west by private right-of-way. No fee necessary - access. The Chairman .opened the hearing by reading application for a variance, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. CHAIRMANO Is there anyone present who wishes to speak for this application? MR.- HOWARD. Me TERRY 9_Building-_In's_pe c tor: ' The road has been in t" er a ood vhile a d is pass ble. (The Board studied photographs takes of the right-of-way. CHAIRMAN: - Is there anyone present who wishes to speak against this application? (There was no response. ) Resolution was offered by Mr. Bergen; seconded by Mr. Grigonis , and carried, WHEREAS application of Almet Latson having 'been considered at Public Hearing' No. 244 on December 9, 1959, the Board finding that strict application of the Ordinance would produce undue hardship because '"this access is a private roadway which has been in existance for many years and is partially surfaced with black-top' and serves as an access for several other families.- The situation is unique and would not be shared by all properties alike in -the immediate vicinity because this area has several dwellings built at present which use this 'roadwgy. 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 applicant interids to build A residence off this private road which will be in keeping with the other residences in this neighborhood, therefore be it RESOLVED that the application be granted as applied for. Vote of 'the Board:- Ayes:= Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals ®18- December 9, 1959 The 'Chairman reported that he had received a telephone call from Mr. Edwin H. King; Orient, New York relative to the question of enlarging a. sign on the - southerly line -of his property adjoining Route 25 on the old golf Bourse. The Board discussed this matter and it was decided a letter should be forwarded to Mr. King stating that there are several signs on the property and the Board of Appeals is not sure which one he' is referring to' however,- it would -be contrary to our past policy with reference to g6neral advertising signs to permit any new non-conforming installations. The minutes of the ,meetirig of November 2'5, 1959, on motion of-Mr. Rosenberg, seconded by Mr. Bergen, and carried, were approved as submitted. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis, The Board of Appeal$ -received-` an application for a variance dated December -9, 1959 from Eugane Horton, a/c William Blanchard; Grathwohl Road, -New Suffolk; -New York. The Board set 7:30 P.M.,' Wednesday, December 23; 1959 as time for hearing. However, on December 10, 1959 Mr. Horton withdrew this application fora variance as' it was discovered there was ample sq. ft. in the lot not to warrant an appeal. The next meeting of the Southold Town Board of Appeals will be held Wednesday, December 23 , 19599 7:30 F.M. , at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 10:35 P.M. Respectfully submitted, Judith T. Boken Secretary FQQea\� �oara . . .. �. � � e ,' /V�A - -( /�� -�� � �-� 7 V� s L � �-�� ���