Loading...
HomeMy WebLinkAboutZBA-11/25/1959 Southo'N ' Town Board of Appeals S O UTH O LD, 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. iv1INUTE5 Southold Town Board of Appeals November 259 1959 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M,i Wednesday- November 259 1959, at the Town Clerk's Office; Main Road 9 Southold; New York® There were presents Messrs. Robett W� Gillispie; Jr- 9 Ch.airmani Robert Bergen; Herbert Rosenberg; and Charles Grigonis ; Jr. Also presents Mr. Howard M. Terry; Building Inspector. Absents Mr. Serge Doyen; Jr. PUBLIC HBARINGa - 7:30 P.M.; Appeal No. 237. - Upon appli*7 cation of Peter -Kreh9 Jr. � a/c Mattituck Marina; Camp Mineola Road, Mattituck; New York; fora special exception-in accord_ ance , with' the - Zoning Ordinance' Article III; S,ecticn 300; Subsection 3A9 for permission to expand the Mattituck Marina. Location of property: Camp Mineola. Road ; Mattituck9 ,New York; bounded north by Julius Zebrbski; east-by Peter Kreh9 Jr. 1 south by James Creek; and west by James Creek. Fee paid 9�15.00. Th:e Chairman opened the hearing by reading application for a special exceptibn9 legal notice of hearing and' affidavit attesting to its publication in the official newspaper. r Southold Town Board of Appeals b2m November 259 ,1959 CHAIRMAN: Is there anyone present who wishes to speak for this application? Mr. Peter Ereh, Jr. presented a sketch he prepared of the project with the proposed changes indicated. Mr. Kroh. stated that he intends to widen the canal on the Bay side and put in additional moorings. _ CHAIRMAN-4 . How deep is the canal? MR, I H fix foot and 25 ft. wide. We now propose to make it 50 ft. wide CHAIRMiAN: What difficulty did you have this summer? Iv-.. ILREH. I could not get the .big boats in there. We have had a few inquiries to take 26 and 28 ft. boats for gas and some have asked for moorings® MR. HOWAPJ) 'M. TER.RY� Building Inspector: I have heard a great amount of favorable coimnent about this operation up there. I have not heard any opposition from anyone. (The Chairman read the action granting the prior special exception on December 18, 1958.) CHAIRMAN: The boats that come in for gass are they pleasure boats? MR. KREH: Yes. CHAIRMAN: How much parking area do you have? MR JAMES EREH* - We have a 50 ft. road with 25 ft. improved and used' the other�25 ft. is used for parking. CHAIMUUT: What is going to be the location of the under- ground storage tanks? MR. PLTER XREHs (Mr. . Yreh indicated on the sketch he presented to the Board the exact location of the proposed taksfl He stated they will be installed with anti--floating concrete saddles. ) CH:.IMvUd�T: What other services do you perform there outside of supplying gas? MR, haEH� Gas and oil7 that is about all7 however we also do repairs . We use the launching ramp for pulling boats in and out. MR. ROSENBERG: Have you finally decided to put the tanks Southold` Town Board of Appeals :-3- November 25 , 1959 on your property' not on the creek side? "It would. seem less objectionable to other people' in 'the area. MR. KREH: Yes.9 we >have;,'. CHAIRMAN: Do you have much trouble with boats going too fast? , MR. KREH: Mostly with outboards® They 'go. ,.pratty fast. MR. JAMFS KREH: We watch them pretty'.carefully.. MR- PETER I H: The property owners" :in the area have allowed unto put-up signs and we, in ,that way try to control the' 'speed from that method® The signs read 4 miles per hour. CHAIPMAN:' Are there any other questions anyone ,would like to ask? _ .. . MR. BEtRGEN: How much meadow do you, own towards the ,water? MR.. EREH: About 10 acres 'MR. ROSENBERG: How' are the people that are going to use the new canal `going to get to their boats? MR. KREH: T�Te are going to .put,,another road on the other side. (There was A brief' discussion relative .to cutting into meadow land and dredging' the canal.) CHAIRI40: Is there anyone else .present who wishes to speak for this application?- Is- there anyone , present .who wishes to speak- against this. application? - . (No. one wished to speak..) Resolution was offered by NIr. Bergen, seconded by Mr. Grigonis; and- carried,9 WHEREAS. applicaton of Peter Kreh, Jr. , having been considered at Public .Hearing 'No. 237 on'November. 25'- 1959, and the Board finding that the public convenience and welfare and justice will be, serve. and the legally' established or permitted ilsb of neighborhood property trill not be substantially or: permanently injured and the spirit of the Ordinance will be obs.erved, 'therefore be. it RESOLVED? - that the 'applcat'ion be. granted as applied for under* the following-- conditions': the gasoline service facili ties. be located at the. ;southerly end of the made land adjoining James Creek which runs to the .west. cf this "property. Southold Town Board .of Appeals - November 25, 1959 Furhter. condition: that .thp original special exception permitting 35 .berths ' be expanded' to- include permission for'up to 100 boats of a class no larger than A' 2'. (26 fte to42 ft.`): .All of the' sane conditions except. as to the number of 'berths which applied on special exceptiorn No. 126 also, apply to the. granting of this 'special .exception. Vote of .the .Board: Aye's' Mr. Gillispie, Mr Bergen, 1hL. Rosenberg, and Mr. Grigonis.. PUBLIC :HEARING: 8':00 F M;.9' Appeal No. 236 Upon 'appli. cation of ,.Theresa Bollhoefer, East Road ( Fleets Neck } Cutchogue, New York,`-f or' 'a. variance in accordance' with-�he Zoning Ordinance; Article . IIT, Sections 303-, and 307 'for. permission.'. to reduce froritage.-and side yards and Article.. Y; ' Section' I000A 'for permission.._'to� divide pro.per.ty�'into '.two- lots® Location of property: south side East Road; Cutchogue, -New York, bounded` north. by East Road-' - east, by-,jultia Wickham, south by Bay,, and west by Pequash -kvenue 'and Vlillis.� Fee paid' $15.00'. The ' Charman opened- the hearing by reading- notice of disapproval issued 'by the Building Inspector•, 'application for a variance; legal notice of hearing' grid affidavit attesting to its publication in the .official newspapers CHAIRMAN: Ss 'there anyone present whowishes .to speak for the application? (Mrs." Theresa Bollhoefer stated she was the owner of the property and wished to speak for the application.). (Mrs. Bollhoefer was-asked- to identify the photographs taken .of her property and she did CHAIRIVIAN: What .is the size' of your.,--lot in Garden City., where 'you presently make your home? MRSa BOLZHOEFER: 61 by 100. CHkIM4ANt . There is also a house on' the. bay on this property, does, that. belong to you? MRS's BOLLHOEFER: Yes , it does I rent it through .the sLJMMer CHAIRMAN.` You presently have an "h" shaped piece of. property ,and you .propose now to divide .thd Bay property from Southold- Town- Board of Appeals November 252 1959 the, Pequash..Avenue property at a suitable ..point? MRS. BOLLHOEFER: Right. CHAIRMAN: - -' You say there- will,'be no objection from the adjoining property owner. to the West?, MRS'" BOLLHOEFER: No, that would be Mr'.: Willis'' and he is here with me tonight. I want. to build .the ..house ,for a permanent home, I want to :come,.,:out here,. to 1ive.. . ,I will tear down the little hoiise..that, is,-ex.isting.,riear the' road now. CHAIRMAN: Is-. there anyone else present 'who'=wishes to ,...speak for this ' application? 'MR JOHN WILLIS; tutchogue, -:New Yorks ` ' Mrs. Bollhoefer is , my sister�inalaw and I feel it would be. nice. to have her ' here near her own sister. CHAIRMAN: ' Mr. Willis , how' far is the . east line of your house from the dot line? MR. WILLIS: Seven feet 'from, the-foundation to the property line.. CHAIRMAN: Do you have. a garage? MR. WILLIS. Yes , my garage is attached to my house on the -vie st side on Pequash Avenue. 'CHAIRMAN: Is there anyone'-. else' pre'sent who, wishes to speak for this application? Are''th6re. .any questions anyone would like to ask, of the people who have .spoke for the applies cation? ' MR. ROSENBERG: Yours is rather, from a legal point of view9 a,.'comphicated rriatter. You are �askirig 'to divide from. one -to two lots YYou are , also asking if that is. permitted . to treat the property -as' 'asmall lot that' existed before Zoning.. You now have a' non�=conformin.g building. You are only ,permitted, under Zoning, to have one building'.,' If there were no house .here and 'yo'u wished. to build ,there you would have to leave 10 ft. and 15 ft.side yards.® CHAIRMAN: I think what Mr. Rosenberg' is bring out is , if, you ovnhed ,.large lot today -and you wanted to. divide and , put two residences on" it' you, would :have' to adhere to the ; regulations that exist as it would .apply to ,everyone. else. One of the .problems along 'this whole avenue on.-Peconic Bay is just- this problem 'you. are bringing out, a, long lot with �r�, Southold To-Wh Board of. appeals ' a-6-= November .25, . 1959 irregular .lbeation of the' houses existing prior -to zoning. In . . any case, what'.do'-vie do w th',people who come in here and ask for something. that looks reasonable to them but would not .be permitted.�aiiyorie else. It is not a hardship to� say that because there is no dwelling to the east of you you 'should be 1m rniitted Jo put -a dwelling in there much larger than the present one. The fact .which' you -have mentioned`here several times, ''that you wish to duplicate your , Gdrden City hoine is a very commendable' thought but it' is incidental and. unrelated to this application. (Mr. Rosenberg brought out the fact' there' are several. pieces "of . property ' across the street and on the same side of the street which are larger than the Bollhoefer property, but the same thing could not be done. ) MR. RO, NBIIRG: It is my feeling that where should -be 5 ft. on the Wickham side and 72 on the. Willis side® (The -Board 'discussed. with Mrs: Bollhoe.fer . the placement of the-house on the -lot and the possibility of making the house slightly smaller. ) MRS BOLLHOI FER: Ile'11y if, ann�we .cot:°have .what, we are .,ask- '..; we .wll, give you 5 f t® on 'one-s id'e and To' on the ;other CH IRWs. It , is the"'feeTing of the Board , the'application cannot be granted as, applied' for® ' Resolution was offered by: Mr Grigonis., seconded' by Mr.' Bergen' and carried' 'EEREAS application of Theresa Bollhoefer, having- been considered at .Public Hearing Noy . 237 on November 25, 1959,, and 'the Board' finding that the application..must be denied "as requeste-d, 'but granting permission 'to use-, the lot and build a dwelling which shall be no- closer to the east side. line than. 5 ft - and no .closer to the west-side line, than 72 ft. and no closer to'. Bast Road'.than the existing front ' yard setback erstablished by the- house immediat-ely to the- ,westa This permission is" -bbe subject to transfer of ..the northeasterly ,, portion of the Bollhoefer property a.s described on Otto W. Van Tuyl;:s map .drawn October 92 1959 in which "a northerly dimension of 59.04 ft. is noted parallel ,to Bast-Road' . by 125-ft. on the east, line, -by 46.01_.ft on., 'the southerly line., which is ,an extension of the, .Willis southerly 'line as shown on the map, and returning,jo , the- point of beginning a distance of 111.66 ft.. : Tt is Felt that thepeculiar shape of this .property in .itself creates' .a .hardship. This .variance is further granted 'subject to, the complete demolition and removal of the. existing non-.-.conforming dwelling... Southold. TownBoard of ,Appeals �7-�1 November' 25, 1959 "afis permission is to' become.--effectizTe immediately, upon . the transfer of the hot out of'.Mrs® tollhoeferls name. .Vote of. the Board. . Ayes. .Mr. Gil1_ispie, Mr rgen, Mr. Rosenberg, and. Mr. Grigonis® : PUBLIC HEARING. 8.30,P:.M. .9 Appeal • No:' 23.5 Upon appli- cation of Wilbur-S. Hauser,. d/b/a Pe-conic `Liq for ,Store, Main Road, Pecoriic� .New York, for 'a' special exception in.; accordance with the Zon ng_ 0rdinanco;. Article III� 'Section• .300, Subsection 11, for , permission to -erect -sign,advertis'ing. Peconic Ziqunr Store ..on north side ,Main Road,:Peconic, ,'New`York. '- ':Property,;bounded north by Ae Cierach, east by :.G. $erkosk9, s'outh ;by Marn .Road, and west -by A.. Cierach. Fee "paid '$15.00 The Chairman' opened th_e,' hearing 'by"reading application for: a special exception, legal 'no "ice' of hear and` affidavit attesting to its publication in the official newspaper.. CHAIRMAN•- `• Is there anyone, present who wishes to ,speak for this application? . MR, :WIhBUR•HAUSER I have no ping to add .to what is in the application. _ (The photographs taken -of • the: Peconic. liquor Store and existing sign were shown to Mr. Hauser and he - identified them.,)_- MR® JOHN STANTcWWICZ; Manager-'af Gregory-Doyle, Inc. building which "is located behind the Peconi:c Liquor Store.­Tha.t is not a' true pictured because .Gregory-Doyle,' building' is— behind the liquor -.tore.; We have trucks., coming 'in ,arid out .from. behind' the building , and :some- of you .who are familiar with gypsy drivers know they, comae in .arid. out like a bunch of ind ans. Also , another thing, -as & -neighbor I .do not:object to the .:sign: There . is. no objection in. the neighborhood. If t here 'were you would see them here at, the •hearing. `As'-manager of the firm, in the-,same yard' we. also. have. no objection. -� About th'e gypsy drivers; .the driveway .was built before Mr: Hauser was there. That 'is a .stone driveway. We even had occasion when the stones broke our windshields., CHAIRMAN: Everything' is leased to tenants? IZR. HASURs That i.s corree.to ('Considerable discussion -followed relative"to stones from the driveway and Town road flying up and hitting , .cars . and the existing sign. ) Southold Town. Board of Appeals _g_ November 25, 1959 CHAIRTvIAN: I would ;think .the reasoning as far as the stones is not one that we could recogh.ize "as a ,legitimate reason for , granting this special exception. What about item 2 an `eye--level .traffic hazard? . 1/1R. HAUSERr People do not see it until -they, are on top of it: People coming out' from the 'city .see the sign .and jam on the brakes and out across traffic. MR. ' B,R'C Wou bu ld• they see it. sonner if. it were closer to the ilding`s .'. MR. HAUSBR I have oneon the building that I am, going to -takeoff. The building is 100 ft. off the street and. the, house to the east of me is 25 ft. .off the. street. MR. STANIMWICZ:: We would be willing to take down two . of 'our signs -and that would• .mean three signs would be taken doim to make room for the new si gn. YHR. HAUSER: People do not- seb the other, neon sign on the building .even though it is' high enoughl but it is not visible. - CHAIRMAN: You are permit .a sign 1. ft*: You .can have it 10 ft. from the ground if, you' like. The s_i.gn sizes In .a 't'B" Business district are 15' ft.•,6 in. from'- the ground to the .top edges The sign itself cannot exceed 6 ft. 6 •.in. by 12 ft. 6 in. VR m HAUSER: The ..sign man s aid for vis ibilit y, of .1500 .ft.. a 30 in. letter is required.-.:, The only. reason I put, Peconic on 'there is' people come in to see if this is Southold. It does not have 'to .be there at. all, CHAIRMAN No- business signs have been granted that were not in accordance' with. the regulations. - I -am' trying to suggest that you take and cut down the sign to 5 by 10. ' Possibly 4+2. I.f you --cut out Peconic and hold the top dimension to 15 ft. 6 in. from- the ground, you could then" get it about 9 or 10 ft. from the ground.-level which would largely eliminate the traffic hazard% The . outside dimension .has to be within those .maximum dimensions . , Are 'there any questions anyone else would like 'to' ask? How soon do you propose -to do this? MR. HAUSER: As soon as I get finished remodeling the building; -about March. CHAIRMAN: When' will you. remove the old .sign? Southold Town Board of Appeals ®9- November. '2�5', �1959 ' MR HAUSRs. 'I 'Will remove "tie old ,signs as soon as I' ."put up the new sign. . Resolution" ti"ras offered by Mr Bergen-7 seconded .by Mr: " Rosenberg ' and carried WHEREAS application' of Wilbur..S. Hauser9 d/b/al -Peconic Liquor'. Stor'e"' having_been 'considered at Public Hearing No: -238- on.'November 25, 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 pern"aneritly injured and the spirit of, the Ordinance will'.be observed' fore ,be, it. .. . RESOLVED ' that the" application be denied .as' requested.' .but granted permitting the. , cons.truation of .a neon lighted,, sign conforming with the , maximum -dimensions for'" permitting a. business sign a"s .'specified 'in Section 408, with ".b. maximum height not" more than 15 ft.. 6 in, and maximum- dimensions 'of the,. sign area not "to exceed .6- ft. "6 in by 12''ft. : 6- in. � "This is"-not to be" interpreted as permitting an arrow. outside :of, the 6 ft`. .6 in. " by-12 "ft. 6 in. area just mentioned. 'The '.lower ".edge of .the .sign- is t"o 'be- no le"ss than 3"ft. ''"from" the ground level. Any' electrical controls to:. be located" at least':5 fto from ground',level. -A. further condition with regard to this permission of a .business ."sign' iri "A" Residential -area -requires the elirnination of the. present . wall sign and prese t" stancTing: sign: The hew"'sign -is, to be located approXimately in"- the" area of .th' present starid:ing sign but "in, any, case- no closer than..5,ft'.`" from any property- line: Sign to be erected before July 1, 1960 or.."new application must " be filed Vote' of the Board:., Ayes Mi' '",Gi1,1 1 e' Mr-®.E sgen9 Mr: Rosenberg, and Mr. " Grigonis. The .minutes of the Meeting; of Nav'eznber,12' 19'59; on motion of Mr. Grigonis, ' "seconded by I r. Rosenberg' and 'carried'- were approved as corrected. Vote of the ,Boardv" Ayes:- Mr. Gillispie.,"". Mr. Bergen9 Mr. Rosenberg, and- Mr. Gr..igonis.. On motion of Mr. Grigon.,is', ':seconded by Mr. Rosenberg and carried 9 : it 'was'" RESOLVED that. time and ,place. b'e fixed for hearing upon. application .of: Gennaro Marieri, Pike. and Maple Avenue; Mattituck9 Neer York,' for .a variance in- accordance .with the Zoning, Ordinance '- Article III," Section" . '00,) Subsection_ 7,, _for permission to locate private garage, with.-reduced ' s,etback. Southold Town Board of Appeals -10- November 25, 1959 :location of property: south side Pike Street and west side Maple Avenue, Mattituck, New York, bounded north by Pike Street, east by :Maple- Avenue, south by Ho' R. Reeve, and west by E. , Pike. Time and place being set for 7µ30 P.M. (E.S.T. ) , Wednesday, December 9, 1959, at the Town Clerk Office, Main Road, Southold, New York. Vote - of the Board: Ayes:- Mr. Gillispie , Mr. Bergen, Mr. Rosenberg, and Pair. Grigonis. By resolution offered by Mir. Bergen, 'seconded by Mr. . Rosenberg and carried7 - 7;40 P.M. (E.S.T. ) , Wednesday,- December 97 1959, Town Clerk Office , Main Road , Southoldy , New York, -was set for hearing upon application of .LeRoy Tuthill, Main Road, Mattituck, New York, for a special exception- in -accordance with the Zoning Ordinance, Article IV, Section 4082 and Article VIII; Section 703A, for permission to erect three (3) portable ground signs on premises - of ESSO Service Station, corner of Main Road and Wickham Avenue, Mattituck, New York. Vote - of the -Board: Ayes :- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Rosenberg, seconded by Mr. Grigonis , and carried Jendesday, I�ecerrlber 9. 1959, 8:00 P.M. (r;,S',T. ) , Town Clerk's Office, Nia,in .Road, Southold, New York,' was set as time and, place for hearing - upon application of Floyd Houston, a/c Goldsmith arid Tuthi7.17 Youngs Avenue , Southold, New York, for a variance in- accordance with the Zoning Ordinance , !'article V, Section_ 503 , for �ermissioh to reduce side yard setback on side of property bounded by railroad right-of--way: Location of property: west side Youngs Avenue, Southold, New York, bounded north by L. I. Produce and- Fertilizer Co. , east by Youngs Avenue, south- by Railroad, and west .by L. Io Produce and fertilizer Co. Vote - of the Board: yes:- Mr. Gillispie, Mr.. Bergen, Mr. Rosenberg, and Mr. Grigonis. On-motion of Mr. Grigonis , seconded by Mr. Rosenberg , and carried, it was RPSOLVED that time and -place be, fixed for hearing upon application ' of Nelson Axien, ' Box 3527 Peconic, New York, - for a variance in accordance with the toning Ordinance, Article TTI, Section 303 , and article X,- Section 1000A, for permission to reduce frontage and sell - as a single lot. Variance is also requested due to lack of access in accordance with State of New York Toxin Law Section 280A. Location of properIGY. north side Private Road, off Mill Road., Peconic, Nevi York, bounded north by Lono Island Sounda east by other _Tzands of the applicant, south by right-of-spray, and west by Ge Hipwell. - Time and place 'being, set for 8:20 P.M. (E.S.T.) , Wednesday, T~eceniber 9, 19.59 at the Town Clerk Office, Main Road, Southold , New Yor.ko 4 ►` n Southold Town Board of Appears 11- November 25, 1959 Vote of the Board: Ayes:-- Mr.. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. - By resolution offered by Mr_ . Rosenberg' seconded by Mr. Bergen, and carricd, 8e)+0 P. (E.E.T.) , Wednesday, December 9, 1959, Town Clerk Office , Main Road., Southold, New York was set 'as time and place for bearing upon application. of Mid gley and Hortcl,-' a/c a itz Kohn, Cutchogue , New York, for a variance in accordance with the Zoning Ordinance ; A_rticle • III, Section 304 and as referred to in Article IV, Section 1001 Subsection 1, for permission: to reduce front yard setback for a residential dwelling in a business district. Variance is also requested due - to lack of access in accordance with -State of New York Town Law, Section 260A Location of property: Private Road, east side Old Harbor- Lane , New Su.f_folk- New York, bounded n(m• th by. H:* E. Mason, east by Private Road , south by H. H. Tuthill, and west by Canal. Vote of the board.: Ayes :- Mr. Gillispie , Mra Bergen, Pair. Rosenbei-g, and Mr. Grigonis . On.•motion of Mr. Bergen, 's econded by Mr. Grig onis , and carried, Wednesday, December- 9, 1959, 9:00 P.M. (E.S.T. ) ? Ton Clerk Office , Main Roads Southold, New York, was set as time and - place for hearing upon application 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 'A. Dolfinger and P. Sawyer, east by K. Salmon and u.- Latson, and others , south by Town Creek,, and west by C. Nissen, A. Doi%rns , and others., Note of the Board: Ayest- Mr. Gillispie , Mr. Bergen, 1x1r. Rosenberg, and Pf1r. Grigonis. It was further RESOLVED that legal notice be published in the official newspaper on date of December �► , 1959. Vote of the Board: Ayes:- Mr.Uillispie, Mr. Bergen, Hr. Rosenberg , and Mr.Grigonis. The next meeting of the Southold Torun Board of Appeals will be held I-1ednesday December ;�) 1959, at the Town Clerk Office , Main Road, Southold, New York. Meeting adjourned at 10:45 P.M. `aS4 Respectfully submitted, Judith T. Boken, asr���an card 0 Secretary