HomeMy WebLinkAboutZBA-11/12/1959 T Southold Town Board ®f eals
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.
MINUThS
Southold Town Board of Appeals
November 12, 1959
k regular meeting of the -Southold , ToUm 'Board" of
.Appeals was held Thursday, ,Noveinber 129 1959, 7:30 P�M. y
at the Town Clerk's 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 BARING: 7:30 P.M.9 Appeal No. 234 Upon appli-
cation of Harold . R. Reeve -& S,ons , Fast Main Street, Mattituck,
New York, a/c Leonard Plechavicius,- for a variance in accord-
ance with- the -Zoning Ordinance, Article III, -Section 3007 Sub
section- 1, Sections 303 and 307 for permission to build addition
on guest cottage and reduce frontage and side yards.- Variance
is also requested due to-lack of access in accordance with State
of New York Town Law, Section 280A. Location of property south
side Peconic Bay Boulevard, Mattituck., New York, bounded north
by Peconic Bay Boulevard, east by C. F. Lampe, 'south by Great
Peconic Bay, and west by E. Templeton. Fee paid $15.00.
The Chairman opened the hearing' by reading notice of
disapproval issued by the Building Inspector, application for
Southold Town Board. of Appeals November 122 1959 .
a variance '- legal 'no.tice of hearing . and affidavit attesting
of its publication in the official newspaper; -
CHAIRMAN: Is there anyone present who 'wishes ' to speak
: for this= application?
MR. HAROID-:R. RAVE' "SR®'� Mattituck, New Yorks The "only
reason that I see that this- application might be passed is
on accoun �.of ,the spite .fence.; there' is the .solid- ,fence at
t
the west and .right riext to 'that''.is-. the garage wall which is-.
dust as solid As far as 'trying to see through it. His idea
is to` build the extension as far ahead enough to get two
windows on the,, east and all windows on the south where it.
fronts on the Bay. .
CHAIRMAN: How near to, his present living room-will
this be?
MR.; REEVE: Beyond so that it would be 'to' the east'.
I 'spoke to ,him.,about plantings but he. did" -not .know if any-
thing would grow between the house and the -board fence.
CHAIRM Ni`�-To your knowledge what can.'you ,tell us as
to hour ,he .proposes to use the guest. house?
MR.. R ' VEt He was going ,to have 'a very small kitchen,
but I can eliminate that, and a,shower. :
-.CHAIRMAN: ' How 'does he propose; to use, .this?. Does he*
propose to,- rent it?
MR. i IL: I do not know. I ,would say he -proposes to
rent the main house .and live in the cottage.
CHAIRMAN: `I believe there is a sign .saying cottage for
rent the_ re' now. In_ effect he 'is taking a hour' e. which is
a small cottage which was a garage originally, to. which was.
added one room which was- used for ahy "guests the owner' of the
big house had® In effect he is therri'taking' -the property. and
proposes to- transform what was: originally one room added to .
a garage into a fully .inte,grated livable .'new dwelling:
-11:1. REEVE: There are :presently two bedrooms and two
showers or '.toilet facilities..
CHA'IR MAN s Is there anyone else 'present who wishes to
speak for this' 'application? Is there '.aryone present who
wishes to s.peak- against_ this .application?
(No ofte "wished -to speak.)
MR. BERGEN: Where . does this man live?
Southold Town Board of Appeals', y3- November. 12' 1959
CHAIRMAN;." There ...is an address here of Yonkers
MR., BERGEN Then he, 'must know about zoning. He-'does
riot have ahardship =a"s far ''as I can see 9 to , buy a ,house and
want to 'make another house next to it. . .
MR, . { EVE: That hardship ;could come on the west where
you keep away, from .the side . line.
.'(Members ' of the Board discussed the sketch 'appearing
in the . file.)
CHAIRMAN: The problem that we are concerned Frith is
you .will end up ,with-two houses that are •so close together .
that the water: from one house7 when you extend the building
in a ,straight 1'1ne7* tie water will 'ruft off one .onto- the other.-:
What happens in. future years-"if something .should happen to one
of these parties 'and-. other other -decides to sell and- there are
four or five-heirs' how would you divide this' property. We .
have 'had this come, up where there• is an `estate,' 'A piece' of
property where there are heirs.. It ,is always contrary to -the "
best. interests of the community ,as far as zoning is concerned.'
Gomeone would want to. split that dorm the middle. .
(The Board discussed with Mr® Reeve -the plans for building
the addition.)
MR: HOWBD' TERRY, Building Inspector: Would it be possible
to attach the two buildings together?.
MRo ROSENBERG: You cannot do.' that'. Nothing can 'be done'
unless it has the conventional 10 ' and.' 15 ft. to`-comply ,with
the Ordinance` ".The 'Ordinance .says .that iri- ,order' to- diminish.
side line's by 50 o the * lot must be less than 12,500 sq._ ft
In .a matter 'of law you are, not allowed: to give a foot Tin .this
type. of thing. This application cannot answer - the .three
conditions and there .is no hardship.
CHAIMIAN: The mere .-fact..he- has this guest room on there
now doe's not create a hardship as far as this.,application is
concerned,:' I do not believe you can justify the hardship.
.(The entire. Board agreed on this point.)
MR ROSENBERG: There would still be two families living
„ one in each house® .
MR.-BERGEN: Why not move this building. in back?
MR. REEVE: This mangy wife is artistic and :paints the
Bay and, I believe she would .like to sit inside and paint.
Southold. Town. Board of Appeals ;,-�4- November 127 1959
(The Board further discussed the reasoning on the appli-
cation. )
CHAIRMAN. ' What was that about the board fence? Hoer does
that enter into the reasoning?,
MR. REEVEs The Board 'fence shuts off the. view on.,.the
side- and the people on that side cannot compl.a n.
Resolution was offered, -by` 'Mr.' Bergen;,-seconded ;by Mr.
Rosenberg and carriedytiEEREAS application of- Harold R.
Reeve & Sons , a/c Leonard Plechavidius, having been considered
at Public Hearing No. 234 • on November 12'; ,1.959,,• and the- Board
finding that the applicant has. not . proven undue hardship also ,
because it is contrary to the Ordin'ance,. to grant a variance
on an extension of an existing •non-conforming •building under .
these conditions, . therefore, be it
RESOLVED that the application is denied.
Vote of the, Board: " , Ayes:7 Mr. Gillispie., Mr. Bergen,,
Mr. 'Rosenberg, and Mr. Grigonis.
PUBLIC -HEARING: 8:00 P.M'. 1 Appeal No. 235 Upon appli-.
cation of-H® M. Brush, arc Asphalts Inc. '. Naugles Drive,
Mattituck, New York, for a variance ' in- accordance with the
Zoning Ordinance, Article V, Section 503 , -for permission to'
reduce front yard setback in Industrial District; Location
of property, north side -Naugles" Dr'ive,. Mattituck, New "Yorky
bounded' north by Mattituck Inlet, east by Robert • Nardo, south
by Naugles Drive , and west by Benard Kaplan. ," Fee paid $15.00.
The `Chairman opened the'• hearing by reading notice of
disapproval issued by the Building Inxpector,, : a.pplication
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. HOWARD M4 TERRY, Building Ihspector" further explained
the application and "described the contour of the . land stating
that in order• to make the setback -required, by� the Ordinance it
would be necessary to bring in a g reat gaantity of stable fill.
He also stated there is an office building for the fuel oil
business on Lathers Road which is 8 or 9 f't. from the road;
CHAIRNfANi The parking ' probl'em would be of concern here.
Southold Tovm Board of .Appeals. November .121 1959,
MR. --,TERRY: The, help .,keep: the cars out by the tank
There .would only be one or tyro -customers parking by the office.
lU.
MR. R08ENBBRG:1 ' The office..building can turn out to
accomodate more than one 'visitor. "
It is a seasonal business9 .bulk oil.
MR.. TERRY:
-CHAIRMAN: Is .there anyone present who wishes to speak
against this application? .
(No one wished to speak. )
CHAIRMAN: How wide is the road? Naugles Drive?
MR. TsRRY: 50 ft. It is not improved .by any means.
CHAIRMAN: We could-,require. ,..them to put. in a traffic
barrier -along the, road 'so vehicle's ;parked at the office could
not 'baek out on the right of way.
MR R0�tNBERG,:. What is-' the •.actual difficulty? What'. is.
the' main .reason they. do not want the building back -further? .
MR. TERRY: The problem of ,f llo Soft fill- has 'to be
moved out and stable fill brought- -in. They would have to'
put in stable fill well 'back to where",they',are going to use
the' land. They plan to have a ."U" driveway to go in on the
east and out on the west.
-Resolution. -was • offered by '.Mr. Grigonis9 seconded by Mr.
Bergen' and carrie'dq WHEAEAS application of H. M. Brush
a/c Asphalts ' Inc,_S, having' been 'cons at Public Hearing
No. 235'. on November '12's T95;9' ;anal the� Board finding that
strict 'applieation of -the Ordinance would produce undue
hardship` because of .the coxitour of the land,and th:e necessity
of bringing, :iri a great amount. of .fill to "make the additional
setback us able. The` s i tuat3oii .is unique and would not:,be .
shared by all properties alike in the immediate- vicinity
because,. other, lots in -the area are developed on the water
front and do' 'not' need this' type 'of' off ice" building. The
public convenience' 'and'-welfare and .justice .will be- served
and., the l6 ally -established�.or permitted use of neighborhood
property and' adjacent use districts would' not be substantial_ ly
of to 'Ordinance. would be
or -permanently injured and the spirit
observed.' because this is' a' "C', Industrial" District. and : in .the ,
area .there are. several small buildings ' trailers and cottage
colonies9 therefore be . it`
RESOLVED that the application be granted as applied for .
subject to the following condition: a substantial. traffic
Southold Town Board of Appeals November 127 1559
barrier;, in, the. form of 'a fence, or. ,pb*sts not less than 2 ft.
in height above ground level 'or` concrete curbing .riot less, than
1- ft,_;' be erected, 'the barrier to extend' .a distance of- not less
than +2 ft.. The-. purpose of this: condition- is to assure parallel
parking as a safety measure for .visitors .to the building..
Vote bf the Board: Ayes:- Mr. Gillispie, Mr, Bergen,
Mr. Rosenberg, and Mr. Grigonis:.
Mr,o Charles. King, East Marion, New Yoh , came 'before the
Board ,of Appeals for an itfornal. discussion .relative to his
stores Main Road, Fast Mar"ion.':: '"On. May 7;' 1959 a Publ is .Hearing
was -held upon ,Mr. ring�s request for 'a special exception 'to
.replace ' a 'non-conforming' business ' building: Permission was
denied® Mra 'King now has a plan of--toving the -existing. store
back considerably and moving the existing storage barn and- -
attaching it to the- front of the .store.-and modernizing the
front, Mr. King has a rough estimate of :$27000 for the moving
of the. buildings" and attaching them: 'together. Much of that
$a,000 would' not 'be considered by the Board -of Appeals in the
percentage of structural alterations. After .a thorough
discussion- of 'the proposal".the Board` agreed 'that if the project
did not cost more than $2200' there would be -rio objection% Mr'.
King advised he would prepare an.'accurate.. sketch of the proposal
and come in to the Board again in .the future.
The minute's of the meeting of October 19592
- on,.motion
of Mra Bergen, seconded by Mr; Rosenberg and 'earried, were .
approved as submitted.
Vote of the -Board:, -Ayes:- Mr. Gillispie ' Mr1 Bergen,
Mr.. Rosenberg, and Mr. Grigonis.
On,motion 'of Mr. Grigonis; seconded by Mr. Bergen, and'
carried-, it was. RESOLVED that time and place be' fixed for. hear-
ing -upon application. of .Peter _10rbh, Jr: , a/c' Mattituck Marina,
Camp' Mineola Road, Mattituck, New York, -for a' special exception ,
in' accordance with- the 'Zoning Ordinance.9-.Article III, Section
300, Subsection 3a, for''.petmis Sion -to,-ex'pand the Mattituck
Marina. -Location of "property: - Camp Minola Road, Mattituck,
Newv York,. bounded north by -Julius Zebroski;, east by Peter Kreh, .
Jr. , south by 'James Creek, and west by, James Creek. , Time '.and-
place being set for 7:3'0' P.M, (E.; :.T.) Thursday, November 25,
3959, at -the Town ClerkYs,-Off ice,9 _Main;Road, Southold, New York. '
Vote of -the Board: ^Ayes:- .Mr...,Gillispie, Mr. Bergen,
Mr. Rosenberg, acid Nfr;.. Grigonis,e.
Southold Town Board of Appeals November 12) 1959
By resolution offered.' by Mr. Bergen, seconded by Mr:
Rosenberg, and carried, 8-00 P.M. I(E.S.T:) ,Wednesday, November
25, 1959, Town Clerktt Office, Main Road, Southold, New York
was set for hearing upon application of Theresa Bollhoefer,
East Road (F eets Neck) , Cutchogue, New'York, for a variance
in accordance with the Zoning Ordinance, Article III Sections
303 and '307 for permission to reduce frontage and side yards
and Article X, Section 1000A, for permission to divide property
into two lots. Location of property: south side East Road)
Cutchogue, New York , bounded north by East Road, east by Julia
Wickham, south by Bay, and west by Pequash Avenue and Willis.
Vote of the Boards Ayes. Mr. Gillispie, Mr. Bergen,
Mr. Rosenberg, ,and Mr. Grigonis.
On,motion of Mr. -Rosenberg; seconded by Mr. Grigonis and
carrieii, Wednesday, November 25, 1959, 8s30 PoM: (E.S.T.) , Town
Clerkts Office, Main Road, Southold, New York, was set as time
and place for hearing upon application of. Wilbur S. Hauser)
d/b/a Peconi.c Licgor Store , Main Road) Peconi.c, New York,' for
a special exception in accordance with the Zoning Ordinance)
Article III9 Section 300, Subsection 11, for permission to
erect sign advertising Peconic Liquor 'Store on north side Main-
Road, Peconic, New, York- Property bounded- north by A. Cierach,
east by G. Berkoski, south by Main Road) and west by A. Cierach.
Vote of the Board: Ayes:- Mr. Gillispie,, Mr. Bergen,
Mir. Rosenberg, and Mr. .Grigonis.
It was further RESOLVED -that legal notice be published
in the official newspaper on date of November 20, 1959•
Vote of the Boards Ayes:- Mr. Gillispie, 1�1r. Bergen)
Mr. Rosenberg, and Mr. Grigonis.
The newt meeting of the Southold Town Board of Appeals
will be held Wednesday, November 257 1.9597 7®30 P.M.9 at the
Tovm Clerkf,s, Office% Main Road) Southold) New York.
1�Teeting adjourned at 11:00 P.M.
Res ectfully submitted,
APPROVED
ith -T. Boken
�_ r Secretary