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HomeMy WebLinkAboutZBA-08/27/1959 i Southold 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. M I N 9 T E u Southold Town Board of Appeals August 27, 1959 A regular meeting of the Southold Town Board of Appeals was held Thursday, August 27, 19592 7:30 P.M. , at the Town Clerkts Office, Main Road, Southold, New Yorke There were present: Messrs. RobertW. Gillispie' ire , Chairman, Robert Bergen, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr. , and Serge Doyen, Jr. Also present: 1,1r. Howard M. Terry, Building Inspector. PUBLIC DARING: 7:30 P.M. Appeal No. 2,.3 - Upon appli- cation of Joseph Riccardi, Construction Corporation_, of Artist Drive, Middle Island, New York, for Thomas Szala, 105 Newel Street, Brooklyn, New York, for a variance due to lack of access in accordance with State of New York Totem Law, Section 280A. Location of property: east side of private right-of- way, south of Main Bayview Road, ,Southold, New York, bounded north by now or formerly of S. Poters, east by Canal, south by n6w or formerly.of E. C. Axien, and west by private 'right- of-way. No fee necessary for access. Southold Town "Board of Appeals 12-- August -27' 1959 The Chairman opened the hearing .by "reading notice of : disapproval issued by. .,the Bui7_ding 'Inspector application for 'variance"' legal notice "oT hearing and aridavit attest- ing to its publication in the'- official newspaper. , CH.4.IRKkNs Is"there anyone present who :wishes to "speak for this. application? NLR. THO1,Q1S SZALA7 105 Newel Street' Brooklyn9- .New Yorks I can sho�r in my' deed" where I have :a clause for a right-of - I also a'.letter for the road to be, p-Lt in' shapeQi (Mr® Szala produced "a deed ::to the parcel in which the following appears e "Together' with a right 'of-zray over said . 50 ft. ' road ffor" ingress, and egress to and, from described parcel;-.the southeasterly line "which is described as follows--" (There also. was a .letter." from Henry J. Smith to Thomas Szala, signed and notarized March 159 1959 covering 'the • premises in question and stating as follows: "that on .or before, .the 30th day of Islay 1959 I will: .scrape . the right-of- way which gives access to the praper:ty ---- by operating -,a bulldozer. upon such road at least .three times and :putting a small crown. thereon.!') CHAIRMAN Your remedy? Mr. 'Szala.' as. far as, enforcing it .is concerned, is to 'see. Mr. Smith.- (Mr. Saala stated that, at the present' time one half the right-of-way is, plowed and .looks as.; though something is going to be planted: ). CH.gIRi�MN: As-far as "our requirements, are concerned, for access to :your property only 15 t. is required and that is " minimum under State .of New York Law Section 280A. Our main interest at present is that the . road, is passable.' MR. ,ROSENBERG4 I, measured tb� rights-of-way, today and 41 ft. is ploVred, leaving 9 ft. It is pdssab`le only as far as Bergs' "past" Bergs it :is, .not. C_KAIR P1N� Is, there anyone present .who. wishes .to speak . further 'for; this application?' Is' there anyone: -present who wishes to. speak agai nst ; this ,appl:i,cation? (No one wished to speak.) N1R. SZAZA*.' , With.. Berg. being .in"_there., can you make a recommendatioxi so I coulcl continue on through there'?, MR. ROSENBERG: We could . if - the road were going on as SoutholdToval Board of Appeals -3- August 279 1959 Bergs road. Mr Berg was promised by Zebroski that his road , woL�d. be 50. ft% alsod ghat is `why the Building Inspector denied you until it is- passa.ble ..in there. It is up to youto enforce your agreement. You will have to arrange in some way to have. 15 ft. of clear road before this app,_ica-tion can be granted® CIiAIRT�LAN: 'I think it would' be best to continue. this hear- ing until''the right-of-way is clear and we will .write a letter to Henry Smith. (A ,1setter"was ,forwarded,being 'hand carried by Mr. Szala,' . to -Henry J-. .Smith explaining the purpose of Mr® Szalars appli- cation and advi'sng ,the Board is aware of the .deed restriction, and agreement between Mr. Smith and Mr. Szalae. It was stated ' that the application would not be, granted until the right-of— way is in a passable. condition%) Upon motion of Mr... Rosenberg., seconded by Mr. Bergen' ' and.- carried it was RESOZVErD that hearing be. contirnaed until such time as -the- road is .passablee Vote" of. the Board: Ayes: Mr. Gillispie, 14r. ' Bergen, and Mr.. Rosenberg® PUBLIC HEARING: 7:40 P.M. , AAppeal -No .208 - Application of Helmut Hass for Southold -Town Beach Mote19 North Road, Southold' New York9 .for a special exception. 'in .,.accordance with the. Zoning , Ordinance., . Article IV' ESection 408, for permission to erect. and maintain a 'directional advertising sign on the property of 'Richard' E. Schiefer, east side_Bowery Lane and sciuth side North RoadyS outhold;: New York. -Fee, paid $15®00. The Chairman opened the. hearing by reading applic ation :Vor' special exception] legal notice of hearing and affidavit, attesting to its publication in :the official newspaper. CHAIKUN: Is there .anyone present who wishes to speak for this application? . Is there anyone present who wishes � to speak ,against this application? , (No one wished .to s pe ak f or, or against the application �. CHP.IRMAN: 'We will continue' this hearing until Thursday, Se�btemher ,3, 1959, 7®30 P.M-, and. write a letter .to Mr. Hass stating -the Board wiahs' a representative .of. the Southold Town Beach Motel to. he present at that hearing to dLs cuss each of the sign locatiolis chosen,. Southold, Town Baa rd of Appeals ® August. 27, 1959, On motion of Mr. Bergen, seconded by Mr. Rosenberg and carried, it. was 'RESOLVED -that this -hearing be contir_ued to 7:30 P.M. , Thursday, September 3s: 1959. Vote of the. Board: .Ayes,- Mr.. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC IU�ARINGs 7.50 T.M., Appeal No.. 209, Application of- Helmut Hass, for Southold Toim Beach Motel' North Road,, Southold, New York, for a special exception in accordance with the Zoning Ordin- ance, Article . I11, ,Section 300, Subsection 11' for, permission to erect and maintain a directional advertising sign .on the property of Ernest C. Tuthill, south side Middle Road, Mattitucki : New York. 1'ee paid $150-00. The same legal procedure was followed in this appeal as 'the' previous one, for the -same reasons. PUBLIC HEARING: 8:00 P�M., 'Appeal No. 210 Application of Helmut Has, for, Southold Tovm.Beach Motel, North Road Southld, New York, for a special exception in .accordanc'e with the 'Lning Ordinance, Article III, ,Section 300,. Subsection 11, for permis�- lion to erect and maintain a directional. advertising sign on the property of.:Mary Pylko, ' south .side Sound avenue, Mattituck.;. New York. ,Fee, paid 15.00. The' same legal procedure was Vollc4ed in this appeal as , the previous ones, . for the same reasons. 1 PUBLIC HEARING . 8a10 ''P.M®, Appeal No. 211 - Application, of Helmut .Hass,; _for ,'Southold Tovm Beach Motel ' North Road, Southold, New.York, for "a special exception in accordance with the Zoning Ordinance, '.Article- IV9 .Section'"�+08, for permission to 'erect and' maintain a. ,directional-. advertising sign on the property of the Shell Service Station, Ted Wells, Proprietor, north side Hamilton ,Avenue and west side. Wickham- Avenue, .Mattituck, New York.. Fee ,paid $15.00. The, same legal procedure was Followed in. thisappeal as . the previous ones, for. -the same reasons'* Southold ToUm.Board of Appeals August 277 1959 PUBLIC HEARING: 8:?O .PaM., appeal No. 212 �- Application . Of Helmut.Hass.,. .for Southold Town Beach Motel, ,North Road'). Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article 'III, Section 300, Subsection 11, for permission to erect and maintain a directional_ advertising, sign on the property of .Joseph Sawicki, south.,side North Road2 Southold, New' York. . ,Fee paid $15.00. The .sane legal .procedure was eollowed in this appeal as the previous ones, for the same reAsons. The minutes of °the meeting of August 207 ,959., on motion of Mr. Rosenberg, seconded by 'Mr. 'Bergen, and carried, were approved as corrected. Vote' of :the Board: Ayes: Mr. Gil1ispie, Mr. Bergen, and Mr.. Rosenberg. PUBLIC BEARING: '8:30 p.M A, Appeal . No. 207 .: Appli cation of Carl. D`. .,Reiter, Maim Road, Southold, ' New York, for a variance in accordance .with the Zoning Ordinance,'. Article III, Section 300, for permission to, 'reopen for use as 'a hotel, the property known as ,Lake Lodge., a use whi�.,h 'has been discontinued for more. than two. years. Location of property, .north side ,Sound View Avenue, Southold', New York. . Fee paid $15.00, The..Chairman 'opened the hearing by reading. application' - :Cor variance, legal notice of hearing and affidavit attesting to its ' publicatinn in the official newspaper. CHA.IFJL N: - Is there ,anyone ,present who wishes to speak for this application? MR, HOWARD M. TERRY, Building Inspector:; Mr so Reiter .called today and stated that ' she could not make it tonight as she will .be tied up and. if there, is any question would the Board continue the matter until after .Labor Day, when the .Reiter.s can be ' present® CHAIRMAN: . Now, is there anyone ,,present who wishes to speak for ,this application? MR. TOM WARD, Pinecrest Dunes., Soundview Avenue, Southold, New York: ., I have the boys camp across, the lake and also adjacent on the north side of Soundview Avenue and the west end ' of .the lake. . Soiithold Tolvm Board. of Appeals '6 August' 27, 19-59 I believe 'it would be very .advantage.ous to all of us in`' the area .to 'have that building operated as a hotel because as ,'it is now it constitutes a menace' morally and ' socially and is an- eyesore and. possibly a heavy. fire., It has beesn used by vagrants, used by individuals parking . there many ,hours different nights.. It has been used by .individuals who 'sleep off Saturday night intoxications. I believe .if it were to ' be used as a hotel it would be good for the area However, in 'order . to use. it as a hotel it would require not just se' veral', . but_many thousands of dollars to put it in working- condition 5 therefore it would be ' returned to . the tax rolls and help all of' us. Jam the longest term immediate neighbor to Take Lodge and since I have .seen it, used and .odeupied by several differenttenants. beginning all the way back to Carl Reiter I it-would, be .-an advantage to us .'if it is, occupied. I would like to say' I have no. m®rietary inter'es.t. in it and believe for the community it would' be very much better being occupied than' it is in the present state. CHAIRMAN: Would the oper'at1Son' of Lake, Lodge as: .a hotel be an asset to your operation? MLR, WARD: , Not -in the, least: CH91RMAN: Won"t it help the parents visiting the children?. MR. WAS: I have' a guest house of my own to accomodate parents, however they normally live near by and can .make the visit and return in one trip. I can care for them overnight.. Visiting is also discouraged in our institution' rather than -encouraged. CHAIRMAN: Is there anyone else present who_-vd she to speak ` for this application? Is there' anyone present who' would like .to speak against- this. application?. MRd FRUT: McINTCSH5 Proprietor, .Sea BreezeSnack Bar, Southold9 New York: ._ I%Th.en I heard ,of this I thought I would come up here . I would like to make good and the way. I understand this was actually a hot spot® ' I would say it breeds discontent and the people were awakened at all hours of the morning with intoxicated people and people slept there. CHAIRMAN: I believe if the-Lake Lodge were',left unoc`cupied'. it would be only used by vagrants, et6. 1' as Mr. Ward pointed .out. MR. Mc1NTOSH: I do not think so, sir. 1 have a place. of business down -there and -I intend to put motels up If it can be granted,. me., .and I have .a beer license and could, get a liquor license in later years y and if itwere opened up it would -be of no good to the area. I .ink it would bring outsiders where this Southold Town Board of Appeals =7 .'August 271 1959 town would not welcome them. It would bring.'other `elements. hike shows or. things like that,.,for entertainment., CIUIRMAN: Shows, that. ,would 'be objectionable? Kt. McINTOSH� To my way of thinking yes. CHAIAAMl: Chiefly, this would offer severe competition to what you are doing? MR.: MCINTOSH: As far. as lodging people 9 yes. I '.am speak= ing for people who Could not be here. Certain hotels ,bring dii'fernet clientel It .wove d'..hinder me `by having a li ,uor ' and , . beer, license and, housing the public. CHAIRMAN: We understand that monetary consideration as far as .being legal grounds. far objection or for a variance we are not 1m rmitted to consider legally, in other words you can . not claim that the financial aspect of anything are grounds for granting or denying a variance, in fact, the fact that you will be financially injured we can not' .be. "concerned with Everyone has f'inancial' difficulties. We are - not here to protect you .. from competition. or any other business. Is there- anyone else present who would like to.,speak against this application? : M-. ALFREB F. WELM05 Soundview Avenue, Southold.: I am neigrter for nor ..against this application. When -we read about it everyone discussed it and decided if it were put through in the correct manner it would ,be fine. and an asset. We .would " like to say if they" do get ,a liquor license we would like to see , the business conducted properly: That is the only thing. that: is bothering us., I hope I am not out of order.by speaking *of -this. ' CHkIPMAN.' I think the remarks are perfectly in order. I believe, if I .am correct, that Lake Lodge .had . a ligmr license before and if they had a Favorable record, it is looked .upon with favor when someone else applies for. a liquor license'.'on . that same place of business. MR.. WOMAN:: The or_ly other thing' that we are worried about. is that. the person who ta.ke's over ,mighthave a labor .camp -again,. MR... WARD: When the labor camp was organized to the west . of my camp I" was greatly concerned because.- Isaw danger" to the children in my care, but' I was greatly pleased. with the behavior . There w.as little cause.. to call_ our police department and when it was , necessary they were there in a short time. The last time we had an incident was two years ago. CHAIRMAN: What. labor camp. is .that? Southold Town Board, of Appeals -.8-. August..27., 1959 Illy. WARD: The one on.' Soundview Avenue MP., TERRY: L. I: 'P: " about,,1000-'ft o' from. NLr.. Ward i s 'place.. Imo. HENRY LYTLE'. 'Soundview Avenues Southold, . New York:. Our property is directly .opposite the road to 'the labor camp on Soundview avenue. , (Mrs. Lytle went on to describe the hazards of having.'a labor ,camp near a residential area and described several incidents. that had occurred .in the past when the jil.ice department .had to be summoned®.) MR.. MCINTOSH: Under the .circumstaheek that is all' resid- er_tial area. The , people are happy, there. This will bring nothing , but intoxicated , people, in .there. MRS. LYTLE: When'we. were here and CarlReiter• ran it, it was very 'nice but I do not recall -it being run as. a hote. When' Murphy ran it I. dd not believe it was run as a hotel either: If something is non-conforming can it go back as it was? CHAIRMAN: If it had been continued less' than ,two years ago there would be no question: CAROL REITER; Southold9' New York: When Murphy had it, it_ was run as a hotel. He rented. rooms. I would, not say he had a .lot of roomers' however. Two. floors were -rented. The people who are .interested in buying- the Lake Lodge have had a business in New Yorh :City. They have run a bar and grill very successfully for many years. They each have operated' a restaurant and bar 'together.,'and.'separately ad one time. . CHAIRMAN: ' .Your father. has .a, prospective. .purchaser. and the. sale will depend on whether ' or not the .place. can' be used as 'a hotel. CAROL. .REITER: That is right. MR. WARD: I feel particular indebted- to -Mr. and Mrs. Reiter because I believe that they have refused to sell the property to people who. have wished to use it as- a residence because they were afraid of the type 'of people who would live in it. They felt , it would be 'a detriment ,to have .a colony ~ living there. They have borne in mind the welfare ,of all of ,us.. CHAIRMAN: Miss Reiter; how soon would. the decision .on. this be required? MISS REITER: The man is _waiting for the decision before buying. Southold Town Board of .Appeals: 9- ' August. 27x, 1959 CHAIRMAN: .. When can your parents come in here? MISS REITER: Soon after labor Day. CHILIRM N: Is there anyone else present who wishes to speak for or against this application?- Is there anyone present .who (wishes to:ask any ',ques-tions'? (No one wished tee ,speak. ) On motion of Mr. Rosenberg-, second.e' d by Mr. Bergen and carried, it was RESOLVED that this .hear.ing. be contiaued,until September 10, 1959 so that Mr., and Mrs. Reiter may come in. The matter of hearing the request for additional rental cabins. on the property will. have. ,to be done , separately, - as far as -this application would be concerned.. Vote of the Boards Ayes e- Nam. Gill_i snie, M . Bergen,.. and Mr. Rosenberg. Mr. .Stanley'-,Sepka came before theBoard of Appeals for ' an informal discussion.' Mir. Sepko presently has a carpenter shop. in his mother's barn at MattitUck. He, wishes. to build a new home for . himself and at the same. time .build a garage in the rear of his yard to .accomodate .,this. carpenter shop. Mr. Sepko had been advised by the 'Building Inspector that this would not be -possible since. the carpente'j? shop is presently .non-conform ing business andit coul.d- not be moved to . a residential .area. The. Board of, Appeals concurred. .with the Building Inspector and advised M.�r. . .Sepko likewise. By resolution offered by Mr. Rosenberg, seconded by lvb?. Bergen and carried, 7:30 B.M.', ,(EoD.S.T.)., Thursday,' September 10', 19591. Town Clerkrs Office, Malt Road, Southold, :New York was set :for hearing upon_ application of Walter Ebbit, Bayview Road, Southold, New York, for :a .vdriance in accordance-, with the Zoning Ordinance, -.ir'ticleIIl, ' Section 300, and Article X, Section 1000A, ..for .pe.rmission. to reduce frontage and sell as a single lot, property located on .the west side of Youngs Avenue, Southold, Ne la. York, bounded north -by. Borers and .others, east_ by Youngs Avenue' 'south- by' Other ,lands of the applicant and west by Cassidy and others: Vote of .the Board: dyes: Mr. Gillis'pie, Ir. Bergen, aad Mr. Rosenberg. Southold Tovm Board of Appeals -10- August 27, 1959 It was further RESOLVED that Legal notice of hearing be published in the official newspaper on date of September 4,, 1959. Vote of the Board: Ayes:- Mr. Gillispie� Mr. Bergen, and 1x1r. Rosenberg. Meeting adjourned at 11i00 P.M. Respectfully submitted, Judith T. Boken� Secretary CA ` _l 0 r�