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HomeMy WebLinkAboutZBA-09/10/1959 �o5�FF0���G o T Southold Town Board of 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. M I N U T E S. Southold Town Board of Appeals. September 10, 1959 A regular meeting of the Southold Town Board of Appeals was held Thursday' September 10, 1959, 7:30 P.M. , 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. Absent: Messrs. Serge Doyen' Jr. 9 and Howard M. Terry, Building Inspector. PUBLIC HEARING: 7:30 P.M. , Appeal No. 214 --,'Upon appli- cation of Walter' E:Uitt' Bayview Road' -Southold, New York, for a variance in accordancewith the Zoning Ordinance, Article IIIs Section 300, and Article X, Section. 1000AI. for permission to reduce frontage and sell as a single lot , property located on the west side of Youngs Avenue, Southold' New Yorks bounded north by Bowers' east by Youngs Avenue; south by other lands of the applicant and west by Cassidy and others. Fee paid �,15.00. The Chairman opened the hearing by reading letter to the Southold Town.,Board of Appeals. �2- Septoiber 10.9 1959 Building Inspector from _Mr Mitt,. notice ' of disapproval, issued by the. Building .Inspector, legal notice of hearing, and af. idavit attesting: to its publication in the .offici e1 netirspaper. CHAIRMAN: Is .there anyone present -vd1o, wishes to s peak,- f or this application? NlR. 'JALTER EBBITT; Bay-view Road; Southold, New Yore: I' have, a pur.c°haser in' mind for the, proposed lot. I believe you. (have. a survey of ,the exact .location aild size. CHAIRMAN:,. You. knew when you bought, the, property Of the ' zoning regulations? NLR» E°BBITT: When I ongh't,'it I 'had ;.� brother ;iriteres ted . im . buying the lot® CHAIRMAN: You will, use,,the ,othe.r,. part ,of it? TR EBBITT: I. am using" it now. ' I have, spent a great deal of money already® CHAIRMAN :Are there. any.;questions'- members of 'the Board would like `to ask Mr. E°bbi.tt? Is there -anyone, ease present who wishes. to .speak, for - this-'applica�.'tion? .,I,s there. anyone present who would dike to speak againstc..this. -application. , (No one wished to speak.-) Resolution was offered by Mr. "Gillis.pie�, seconded by `Mr Grigoni s and caarried, REA13: application of Walter Ebbitt having been considered :at Public -Hearing Nod 214 ora September 10. 1959y and the Board find.in' g that strict application of the Ordinance would produce undue .hardship 'becausIe property is considerably larger, 'than. the surrounding- lots, someof which .are only .40 or.'50' ft.- and the.'applicant would :be unable' to . use. the' lots.- without 'the .requested variance. The. situaticn is uxii.clu;e and would not' .be shared by all properties alike in, the immediate vicinity. because parcel . is considerably .larger .than surroundilg . logs.. The, public convenience :and -welfare 'and justice will .be substa.nti211y' served and' the legall.yy established or permitted use of neighborhood property- and adjacent` use' districts would not be .substentially or' permanently injured,., and the spirit. of the Ordna.rice would, be :observed, bec�,uss 'the property in.' dues- tion would. .have appr©ximately 75 ft. on Yotings. .Avenue with a..,. depth of 200 ft. .and a.righ.t-of,-way,, in the -rear leading in from Mechanic: Street:, .thej�e,fore. be', it ROLV�ED, that the •appl�;cati®n. be granted as' applied for. Vote of. �the Board Ayes.- . , Mr. Gillispie s . Mrm, Bergen, Mr. Rosenberg, .and Mr. ,Grigonis, Southold Town Board of Appeals -3 September 10, 1959 . The minutes of the mbetirig .of August' 279 1959.1- on motion of Mr. Rosenberg, seconded 'by Mr-. 'Bergen and. carried•, ' were approved as submitted. Vote of the , Board.: Ayes.- Mr..Gillis pie; Mr. .Bergen, Iak. Rosenberg, and Mr.Grig'dnis. .., The. Board briefly discussed the proposed excavation and removal of top soil .ordinance and the pros and ,cons of .fencing irrigation ponds PUBLIC. HEARING 8.00 P,4M.", Appeal No. 2©7� . Cont.inized #°rom . Thursday, 'August 27, 1959. :' Upon appli..cation of Carl D. ;Reiter, Main �Road, Southold; New York;, f_or. a .variance in accordance with- the .honing- Ordinance, Arti.cle 'III? Section, 3009 ' for• permission to reopen',f.or use as a hotel '-- the property ,known as 1alre ,Lodge 9 a use which has been discontinued for more than two years. Lo- cation,- of property north s.i.d' Sound Viei,i Avenue Southold, New York .Fee paid ' 3 .00, '. s Th.e ,Chair.man.•opened the" hearing by reading letter from,.the applicant to the ,Building :In,spectorg notice of disapproval issued by. the Buildingg Inspectors legal notice .,of hearing..and, affidavit attesting to its publication in the official newspaper; The " 'Chairman, also:read the portion of the minutes of the meeting of August 27, 1959 .pertaining to the Reiter ,hearings' to bring the • matter up to the present .time. CHAIRYJAN� ' -- Is .there anyone present who -would like to speak . 'for -this application? ' MR FRANK McINTO Ii, Kennys, Road., Nor-th lea, Drive, E5outhold : New Yorks In my hwnbl op nion I :came .in tonight to .te1-1 you that I -have gives more thought 'and consideration :to 'the matter and 1 . think, ' in .my 'mumble opin.ion,' that ,it would 'be., my suggestion that the Board grant' this application.',-' , Since. the place is run-down xiow and as Mr., Ward said, .it.would`be, better .to .have it occupied' and, operated. 'than in.- the.,, condition ,it is., in, now CHAIRM N's . Then you -have' :'changed' your og lhion'? i..:McINNTOSH have changed my,,.opini6h,'; acid .reversed My "opinion CHAIRMAN`S You foi)nd'.'.i.t would :be' an asset? MR. McINTOSH: Indeed CHAIR��IAN: Is there anyone else, present who wishes to, speak for this application? Southold Towri Board 'of Appeals. -fit-- September 109 1959. TES. H LEN REITE 9 Main Road,., Southoldy' New York: I would. like to say :that the Lake lodge, has 'been licensed as 'a hotel .anal restaurant, and it has been.` insured: ds a hotel and .restaurant® kct-Ua,ly' it has not been used- very much as a hotel_* When my husband used' it; years ago' we...had. te'h in help living' there® CHIRNsN: Those, people'.stayed there ir! tkie bake Zodge. M S.. REITER: Yes. I would also .like to state that . con- trary to what -Mr --McIntoshs . said last week. about .the' type .of clientele they would get' ,when we 'had. Lake Lodge, we catered . to what we thought the' elite families of tong island. . Your: bus in'ess encourages its . cli:entele ' or discourages it.'. Eoven' , at the Barge, we have had people who. live' in. the viein�_ty .of ' Lake Lodge tell us .how much whey 'miss .it.' CHAIRMAN: I.tiink the most unfavorable critcism,;has , been its Ltse as a labor : camp. How d.id:.Murphy .,use it?. . MRS: R ITER: 'As a. hoteh';'and 'reS Rursnt.` CHAIRMANs Did he lease from you., MRS RF,ITER's Yes. �-- During. the war,�we had: it rented out. to the Farm -Bureau, that is the .only tlnie,;. i't was used as ,a labor -camp -'- As Mr. ,T.tia.rd s aid s w,e .have had offers ,to sell. , it .before, . the .money was, there,.-but .we knew someone would .come along to buy' it who would lase, it pr,oper7..y, CNAIRNtA�T� Do you know `the .people? MRS. REITER: . Only from meeting them to discuss the business', proposition" `Th.ey, are both' restauranteurs.� At the present time there is nothing definite,. Everything is pending the , outc'orae of this variance.: The- prospective pur:chasers,:come from 'a long. line , of restaura.n.teurs, they are. two ,br®t'ners and 'have been summer. residents .in this area for years, but. heard it_ was almost impossible to take the Lake Lodge out of t7oe zoning restrictions. CHALRMAN: Is there anything .else you care to add? 2s there anyone on the Board tiaho woLzl.d like- t o questzan Mrs:, Reiter? Is there anyone else: present who would- like. to speak .for this application? Is there anyone else present tirho would ,like to speak against. this.. application? (No one. rished ' to speak:) CHA.IR14AN: .ire there any questions anyo:oe would like to ask, . anyone in the . room would like to ask ;inc�aznectioia with: .thzs appli- cation? Southold Town Board of imo-eal s' 5 SeptFinbeT 10, 1959 103. TOiIN W. 4ALLACE, Soundview Avenue Southold , New York: In selling , this property to folks who -A,sh to operate it as a restaurant, is there any reason to, believe they would operate it on the same standards as you folks .operated it? C1-L4T.RMAN: Mrs. Reiter would have to answer that. Our responsibility is to deterrain..e the facts of how it ha.s men operated in the past. It seems encoura.gingabou't what Mrs. Reiter says in regard to the people who plan to operate ite I uff>,derstand they are sur:rimec residents and operate a restaurant es t abli_sb rent in the me.tropol-_ 1,a.'a area together anc) separately. I�r�'iS. UQTAII,ACE: The problem is t1ne closeness of the present labor camp to the I,a.ke .lodge, how can yozi. refuse to serve these people if they chose to coinie i:n. there? There is already a _rr°obl.em on the roads. on wec kend.s and holidays.. CHAIRMAN: I opera.te.d. a, labor c vmp for 15 years where therC3 were �� � to 30 people through the and we nearer -tad_ that problem with any of those people , - e had a.,oblemis cause d by. 1-ici uo:r bought at the liquor stores ,but generally speaking they tNndr-d to go to places -vhere they are among their owrZ..people, MRS . WULACE® This is a, problems we have not net, the labor camp has operated without Lake 'Lodge; and, Lake Lodge has operated without: the labor cam. MR-1.b RE°ITEBR: Even to open the door: of Lake Lodge 1t would cast 815,000 without ren- ajri costs of the bu_i.ld.i ng. The labor cwnp people just would not go to the Lake bodge because they cIo 7do t. have enough money or wish to just buy one dr113.-ikA You do not sc;e the labor camp people at Mitcheps or Porky's or even the Barge. There is a way of keeping them out,. WitY:t the kkrrd of ixivestment that; wo ll d be ma,d.e the appearance woiLld be enough. to keep then out, It E,;oul.d probably keep them clear of the wnol.e neighborhood . MR a GR i GONIL R Ida not thInk Saundv few has ever l aw1?y trouble and a: labor carrip is just tip thE- road from the. S i r1dv ewm MRC. IWAL CE: Isni l t this the same trouble they had. at the Worthwhile? Tr2.' ROSENBERG.- No, not the. same t ai g, that was a change of zone. In back of the 'SoL7tbol..d_ ral.l.x oad s.ta tact rig ht near -he Southold res:i.dences� there. is a, labor camp .and the police have not ,been. called .there, nor hasany of Southoldvillage had. trouble rJ,z:ith there. Kr� McIntosh nrobab y has never had trouble. A's Mrs. ' Rleit`e said-) it depends on the type of trade you cater to,, Southold Town Board. of. Appeals -6- ;'',Septeiiiber 1.02 .�959 Imo. McTNTOS .-. You .would lose your liq�ao't� 1i ce:nse and 'that is more sacred to 'you, than ar�ythin.g 'else, CHA IRILkN: -.-.,,The holder,.Of a liquor''license, .has 'a: great re s pores ibiJ.i ty., AX. there. anyo the.r questions- anyone would,.,,: ' like• ,to •ask? Is 'there' anything else anyo'r e, would like to,-say about this?' : If` there' is .nothing further I W*J, 'of:f..er, the following resolution: Re'solutio'n. was offered. by .Mr. Gillispie g• seconded by Nlr, Rosenberg'-.and- cA 'ried' MEREAS, application of Carl D.1 Rei.ter,' having been considered at Public Hearing No. 207 . on August 277. . 1959. and coxitiniaed to.September 102 1959 and the Board finding that strict application . of the Ordinance would 'produce 'undue ' hardship '.because app�_icahts :-would be .Ltna.ble . to continue the use of the buil'di_ng` and ,property `as. _a hotel acid restaurant is not granted this ..variance. The .sltiiation ' is unique. and would not -be shared by- all properties .alike in the imliledi ate vic:in ity because ' this is -the only large'.bua l_ding :that. has had • a s:imi_T_ar i.zse in- the area and had been used as a hotel' and restaurant for many'-yearx, The public: convenience and.: welfare: ; :nd. just_*ce will be served and the legally .es.tablishe'd .or -permitter) '.use .,of; neighborhood pro peri,y. . .and adjacent use d'is tr.icts would not •be ' substantially or perm- anently injured 'and. the spirit of the . Ordinance would be observed because the" building -will'. be continued. to be .used 'a s it had .been .for many year's a:nd there has' .not' been-'substantial' building of new homes . in the area., -therefore-.'be it- RESOL TE'D, : that the applica.ti_on be. granted$ excepting ' as it concerns rerita_.l` cabins or theuse of the 'propert;T as a labor campy ' specifically perrn3.'tting the 'use of the properly -as restaurant, and hotel., but° without', prejudice, to future a.ppli- . cations requesting 'permission for..:use of the property for rental cabins .Vote of the Bo.ard:. • _Ayes:- ' Mr. -Gi.11i_spie, Mr. Bergen, Mr. Rosenberg 'and Mr A Grigonis The ,minutes of the. ;ne`eting of- September 39, 1959. on' motion ' of Mr. Grigonis I seconded by N1 '.Rosenberg .and carried, were approved as submitted'. Note of. the Board: Ayes e- Mr Gillispie,' �1r, Bergen, Mr. ® Rosenberg, , ai1d, Mr. Gr.igonis By resolu'ti.on offered by Mr s; Bergen' .se.conded by Mr. Grigonis r. 24, 1959 and `carried: 70*45 P*'M 7 (EQ 4,9.•, T.) Thursday9 Sep'teinbe Southold Town Board of Appeals. 7 September 10, 3,959 Town C;lerkls Office? Main Road; .Southold, New York wa.s set as time and place, for hearing ,upon application of. Lewis N� ' Griffin; Bay avenue s ' Mattituck, New ,York, for a , ,special exc eptlon in, accordance with the Zoning Ordinance, Article.' IVY Section 400', Subsection, 91 for permission to. use and maintain premises as a. gasoline service station, in conjuneti on 'with the .public garage Location df property: Mattituck, New York; bounded north by e Sound Avenu •, east by Pacific Street, south ,by noW or formerly . of Clara Benjamin-, •and. west by no' w or formerly of S. B. Hamiltol-i. Vote of the Board Ayes« Mr. 'Gillispie, Mr. Bergen, Mr. Rosenberg,- and Mesa.. Grigonis On motion of his. Gillespie , seconded, by Mr. : Grigonis and carried, Thursday, September 241. 19597 8.00 P.M.., Town C lerk t s. Office., Main Road, Southold, New York,. was set for hearing upon. . application of F. J. Ross., proprietor of Duck Point Motel, Depot lane , Cutchogue s New York, for a ' special e xception, in. accordance with the Zoning Ordinance, Article III', Sec--ion 3007 Subsection 117 .for permission to erect and maintain a directional advertising. sign on. the property of Mrs.. Hu.11._S'3. Cher, southeast. s i;de Main Road;. Laurel; New York. Vote of the Boarde Ayes,; Mr.. Gi1_lispiP7 Mr. Bergen, Z1r. Rosenberg, and Mr® Grigonisa It was further RESOLVED ' that legal notice of.hearing be published in the off icisl- newspaper" on-date ;of .September. 181 1959 Vote of .the Board: . Ayes:-- . • Mr. . Gi;l1isp1e-2-.Mr.. .,Bergen,, Mr. Rosenberg, and Mr. Grigons. The Board of Appeals briefly discussed their , budget and ordered it held over to the next meeting.. The next- meeting of the. S.outhol.d ToVm Board of Appeals will be held Thursday, September . 177 1959,. 7:30 P.M. , at the Town . Clerk's Office , Main Road, Southold, . New York. Th.e matter of the appl."cation .of Thomas: Szala Appeal No. 213) ,fcr recognition of access -wasI brought' up and .discussed. The road has not been made passable, therefore the rn tter was, held over to the next meeting. on September 1,7tb. The Board. of Appeals .received a letter from John C: Tuthill dated . August .21.1 1959 giving permission to F. J. - Rossi for the erection of a sign on his property .nea.r. the.,.:corner of Route, 27A Southold Town Board. of Appeal �8M epteinla< r 1..0 1.959 and Ir1i_jah T,a.ne �idverti_sin9 and d irec ti.ng to the Duck Point; Motel, Mr,.. Rossi z�aas granted a special.. exception. on May 21' 1959 for a sign to be placed at the i.n.tersectic�n of .1,3ou'te 27A and Depot Lane but found it necessary `to move same by request of the property owner and. this new location was chosen. . The letter from IVLrm Tuthill was ordered filed in the Appeal_ No. 171 f alder. The Chairman stated that he received a telephone call at his home from, Mr. Thomas La,Colla,' Southold, New, York, requesting permission to insert the word "La.Colla" on his roof sign in lieu of the ward "Taverns' which the .Board of on stipulated must be removed in order_t% at— Mr. T,aCo11.a might retain his Pizza. sign -� Appeal No. 203 granted August 6;. 1.959.,. After considerable discussion it wa.s the uma3: i-rao-as opinion of -he Board that the following letter be forwarded to Mr. La.Coltaw "The Board has, care:f.ul1_y considered your verbal request to substitute the word "LaC©11.a." for the word "Tavern" on the ridge sign on your building. Tt is the unan_molis.,opininn of the Board that such 'a substitution would violate -the action of the Board of Appeals. on Appeal No. 203 dated July 23 , 1959 wherein we advised you "Elimination of the "Tavern" pa.:,^t; of 9;he ridge sign sha.1_l be .affected within 30 days from this date." Accord- yo�� are a"a.i.?� requested to eliminate .the "Tavern." part of the sign as cr iginn.11_y requ.est:ed in, Action just-referred too ' "We would Like to recall to your attention the fact that a. neon sign. �rzis effected on the roof o;r".. the Tavern with- out a special exception as required under the /Zon.i_ng Ordin- ance and that this Pizza' sign became the third sign on the building. ' The Ordinance perTnits only one (1) sign on a building such as yours a" Meeting adjourned at 10:00 P.M. Respectfully submitted, Jud-1 th T a Boken, �� Secretary