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HomeMy WebLinkAboutZBA-08/13/1959 L Ln Southold Town Board ofAp' peals S O UTH O LD, L. I., N. V. 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 August 139 1959 A regular meeting of the Southold Town Board of Appeals was held Thursdays August 13, 1959, 7:30 P.M.; at the Town Clerk's Office, Main Road, Southold, New York. There were present: Messrs. RobertW. Gillispie, Jr. s Robert Bergen, Herbert Rosenberg' and Charles Grigonis' Jr. Absent: Mr. Serge Doyen, Jr. Also Present: Mr. Howard M. Terry, Builch ng Inspector. PUBLIC HEARING: 7:30 P.M., Appeal No. 152 - Application of John F. Haley, for North. Fork Housing Guild, Peconic Bay Boulevard' Ma.ttituck, New Yorks for a special exception in accordance with the Zoning Ordinance, Article III, Section 300s Subsection lls for permission to locate more than one real estate advertising sign on property of George L. Penny, north side Main Road, Mattituck, New Yorks bounded north by Railroads east by J. Wilson, south by Main Roads and west by J. F. Young Estate. Fee paid $15.00. The Chairman opened the hearing by reading application, legal notice of hearing and affidavit attesting to its pub- lication in the official newspaper. Southold. Town Board 'of Appeals -2- August, .13, 1959 , CHAIRMAN:., .,:Is .there anyone present who wishes,to 'speak.,for this application?' = MR. JOHN, V. HAIaEY, Peeonic Bay Boulevard, Mattituck, , New York: I. took this drawing (indicating)', the one that I spoke to you about the last time I was in, here..two weeks ago j. ,to, Mr.. - Walter Luce. and he concurs with'.,you,in the sign not' containing . too much wording. The smaller', sign on..the' building .was granted by you -the other':time to.,- try out but it -is not satisfactory. The sign cannot :be seen when. approaching',:the 'building , ' The ,new sign- can be seen. one half mile down the road If I get this sign I will=then , take '.the small one off' the- building'. The letter will, also be brighter', it will be black on" white and will ,be a very.,- distinctive sign® MR. RO ENBERG: ., The sign will be. an 8 by 4 sign? 8 fte by �+ .ft.? MR. HALEY: - Yes; 8 by )-, and will stand at least 80 'to . 100 ft from the westerly end of the . building® CHAIR1v.�AN: Is there anyone else; present who wishes to' speak for this '.application? .. Is there. anyone .rr esent who. wishes to , ' speak against this application? Are.'there any 'further, questions -.members .of the , Board would ';lila; :to ask? : :(No one wished to .,speak,) Resolution'was offered by Mr. Bergen,' seconded by Mre Rosenberg and carried, WHEREAS application of John''.® Haley,' having,. been considered at Public Hearing. Nos 15.2 on.,,August .13 , 195. 9, 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 substant- ially or permanently injured and the spirit. of the Ordinance will .be observed, therefore be 'it RESOLVED that, the, application be, gra.nted':and the 2 ft. by' 3' ft., sign mounted "on 'the'i�ont, of the. model 'shell be removed and a 1+ ft 'by 8 'ft. ground sign .be 'erected on the west -s:ide of the .property not less than live feet from any property. linea Vote c ' the Board: Ayes- Mi. Gil' ispie, NIro Bergen,' and Mr. Rosenberg. Southold Town Board of Appeals :August 137 1959 PUBLIC REARING: 7:40 P.M., Appeal No. 20+ Application of William T. King, Bay,View Avenue, (Arshamomaque) , Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III,. Section 3037 and. Article K, Section .1000A, for permission to reduce frontage ,and use as ,a single lot, property located at the end of Bay View Avenue? Greenport, and bounded north by J. T. Oblom, east, by ,C. Cassidy, south, by other lands of the applicant, and west by Private right-of-way. Fee paid. $15.00. CHAIRMAN opened the hearing by reading notice of disapproval issued by the building inspector, application for a variance, legal notice of hearing and affidavit attesting to its publica- tion in the official newspaper CHAMKAN: Is there anyone present who wishes to speak for this application? MR. WILLIAM T. KING, -Bay View Avenue (Arshamomaque) 9 Greenport, New York: I am William T. King. You may recall I have been in here before to get approval of 50 ft. and 70 ft. lots which I now know was unreasonable. I now request your consideration to approve the lot marked No. 1 on this map (a similar map appeared in the file) 9 which is 80 ft. Seven of my neighbors in the area are on 50 ft. lots and most of the neighbors are of a nice type but a few do not lend themselves to the area. That 'is the reason I wish to get the 80 ft. -here. I intend to build a two bedroom house for $7,000 or $8 9 000 for occupancy myself and I, believe it will stand out in the neighborhood. The topography of the land is unusual. . It is high and graduates down to a meadow. CHAIRMAN® These are all your lots, Mr. King` MR. KING: Yes. (Mr. Howard Terry, Building Inspector, stepped forward and explained _further points about the property on the map. He stated there isn't too much av4ilable upland on any of the lots appearing on the-map because. of the flooding that comes in and it would mean that they would have to be substantially filled, but there is enough available land in the lot requested.) The Board discussed with- Mr® King the arrangement of the proposed lots 'on the .property, filling the lots and what would have to be done .before building on them MR, ROSENBERG: Isn't it possible; as we spoke before, to enlarge that road so that it meets the regular road, which would make it the same, and not have a jogs . .Southold Toim Board of Appeals -L- August 137 '1559 1. MR. KING; Yes, that is .a good idea, 'and that i.s what I gill 'do. CHAIRMAN: Are there any, other ,questions? Is there ,anyone else present who wishes 'to 'speak for 'this application? `Is there anyone present who wishe-s ' to. speak against this application? RESOLution was offered, by Mr. Rosenberg, ,s.econaei d by Mr. Grigonis, and carried, IMAEAS9 application of William T. . King having been considered at Public Hearing No. 204. on.August 13, 1959, and the Board finding that the. strict .application of the Ordinance would . produce. undue hardship because the southerly edge of the property is low meadow land which is subject -to tidal flooding-. , To make the required 100 ft. width in,,the.:.. proposed lot 'it would take 'so. much ,of the higher upland that it would spoil the adjoining lots for building . purposes. The situation is unique and would not be shared by all 'properties alike in the immediate vicinity: because. this is .the last available property south of the. Summerhaven Subdivision'. The public convenience_ and welfare and. justice will be served and the legally estab lished or permitted, use of. neighborhood property and'. adjacent use districts will use be permanently injured. and. .the .spirit of the Ordinance would be observed because this is a residential area built up on 50 ft. lots,' -therefore .be it RESOLVED that the .application be granted as applied fQ, subject ,to. Mr.. Kingts widening. the right�-of-way.,to 18. ft.' on the easterly 'side of. 'the- property. in line with the. ,present line of the , Town road. Vote of the Board: Ayes:- ' Mr. Gillispie) Mr. Bergen., Mr© Rosenberg, and Mr... Grigonis. PUBLIC HEARING: 7:50 P®M.j Appeal' No.' 206 -, Application of Jack Levin, _Manager, Sound Shore Motel, North Road, .Greenport, , New York., I 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 'west side .of . intersection of 'Albertson' Lane and North Road, Greenport; New York. Fee paid $15.00. The Chairman opened' the hearing by reading application for a special exception, letter of permission from the property owner, legal notice of hearing and. affidavit attesting to its publication 'in the official. newspaper.. CHAIRMAN: Is there anyone present who wishes to speak for Southold Town Board of Appeals August 13, 1959 this application? MR® HOWARD M® TERRY; Building Inspector, stepped forward and explained the proposed location of the. sign, which will be .the. southwest corner of Albertson Lane , and North Road, Greenport, New York. CHAItR14AN® Is there anyone present who wishes to speak for this application? Are there any further questions? Is there anyone present who wishes to speak against this applicatioh? NLRB® FLORENCE JIMZENIA, Silvermere Road, Greenport, New York: Our.,sign is on the opposite corner, will this sign block the view of the . billboard? The billboard which says, t'Silver Sands Motel, Turn Right?" . Couldn:g'.t you put' a clause in the ruling stating that permission is. subje,ct to the sign not blocking the billboard? MR. ROSENBERG- If this sign is granted it is conceivable that from a distance it might block the bottom, but not the wording on. top® It might be possible for you to move the word- ing !°Turn Right" to the top of the sign. MRS. JURZENIA: I think that since our sign is the first it should not be allowed to block our entire sign® I think if it were in the reverse' it would be unfair. We are thinking of. September and October, for long range it probably won't matter since that billboard will be taken out by the County before very long. (The Board discussed with Mrs® Jurzenia the possibility of her motel remaining open this winter. ) MR,ST, JURZENIA: I think there should be just one sign as on the thruways, will all motels on the one sign at an- ir_ter- section® I think something should. be done about signs® It is getting very serious® When we had to put up a sign we had to put up a marker and go through all the steps. I don't see why this man can't do the same® I have a letter here from Mr. King stating that-Jack does not have permission to put a sign on the corner of Chapel Lane® CHAIRMAN: We will hold this letter -to be read at the next hearing at 8.00 which is. the hearing it refers to® The Chairman stated that since Mr® Levin had not speared at the hearing up to this point, the appeal would be held until such time as he 'did appear. Southold Town Board of Appeals -6- August 13 , 1959 PUBLIC HEARING: 8:oo P,.M. Appeal No. .205, Application of Jack J. Levin, Managers 5oun�. Shore Motel,' North Road, Greenport; New York, '.for a .special exception in accordance with th'e, Zoning Ordiriance9 . Article III, Section 300, Sub- section ll, for permission to erect and maintain a direct- ional advertising' sign ,on the east side of Chapel Lane, near the North'Road' Greenport, New York. Fee paid $15.00. The ,Chairman opened the- hearing-by reading legal notice of hearing .and affidavit attesting to its publication in the" official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? Are . there any questions anyone,.would: like 'to ask? MRS.. FLORENCE JURZENIA; 5ilve'rmere Road, Greenport, New York: How.nabout the. other:sign .that is there? CHAIRMAN: The application says '"I "wish to replace my small.and inadequate directional. signoll MRS. JURZENIA: It was" in the road property. He did not actually-,have -.one, on 'Mr. Kingas property.. CHAIRMAN: In other words this was never a legal location. MRS: JURZENIA: - I was at. -a meeting at one time when it was. said anyone is allowed .to take .'doim signs .in the road. I think , everyone should be, treated alike, however, any time ,you see some- one doing something wrong,9- but successfully, you copy them$ - and if, this is successful I will- have a few signs put up. The . Chairman read the letter, presented, by Mrs. Jurzenia9 from-.Yir. Edwin H. King which is as follows:" Due to prior commitment to. you in placing. .your Motel sign on the north west corner of the Old Golf. Course for one year, from May, lst ;L959 to--April 30th 19601 it will be impossible for me to grant any other" person a privilege of placing a .'Motel sign in this r particula area. I have informed Jack .Levin of our agreement and' have asked him .to remove his sign.""; R.. TERRY: I think the signpalnter ,put, the' sign up, rather than Jack., M. JURZENIA: I think something.- should be done to work this sign problem'.out. CHAIRMAN: - It would seem to me that Mr. Levin should be called- tonight and advised that as far as the- Board is concerned , Southold Town Board of Appeals -7- August 13, 1959 this is: a violation of the sign section of the' Zoning Ordinance and we would not, give favorable consideration to either one of his signs unless the sign is covered or removed by 12'®00 Noon tomorrows (August 147 1959"0) (Mr. Rosenberg made the necessary call and-was advised by Mr./Levin that the. sign would ,be removed the next day.) Irving Resolution was offered by Mr. Bergen; seconded by. Mr. Rosenberg, and carried, recessing'.Appeals No. 205 'and 206 to August 209 1959p Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr.. Grigonis Mr. .and Miss Felice .J. Rossi, owners of the Duck Point Motel, Cutchogue, New York, appeared- before the Board for an informal discussion relative' to moving one -of their existing' signs to another location on, Route 27A. There'.was a brief discussion relative to the location of other Duck Point Motel signs. - Mr. Rossi was advised_ .by- the Board to secure the necessary permissioi from property owners on whose `property he intends erecting signs and come in again when that has. been taken care of. The minutes .of the meeting of July 302 1959, on motion 'of Mr. Rosenberg, seconded by Mr. -Bergen, and .carried' were approved as submitted® Vote of the . Boardp :' Ayes-,.- Mrs.Gillispie, Mr, Bergen, .Mr. Rosenberg, and Mr. Grigonis. , , The minutes of the meeting of'August 67 19599 on motion of Mr. Bergen, seconded by Mr. Rosenberg' and carried, were approved as. submi.tted. Vote of .the Board w Ayes.. Mr. Gillispie, Mr. Bergen, Mr. Rosenberg,, and, Mr.' Grigonis. A letter was received from Mr. Frank B. Rogers, Jr. , , Cap in, ,United Fire Co. No. 1, Cutchogue Fire Department, ..requesting Southold Town Board of Appeals August 13, 1959 permission to distribute and erect temporary advertising posters in the Cutchogue Fire District and surrounding areas during the week of August 17.-through August 21, 1959, and removal of same by the week of August 24 through 28th' in connection with the annual Chicken B.B.Q. to be 'held Saturday, August 22, 1959. The following resolution was offered by Mr. Bergen, second- ed by Mr. Grigonis and carried® "Permission is granted to the Cutchogue Fire Department ..to distribute and erect temporary advertising posters on the Main Roads and stores in the Cutchogue Fire District_ on the 17th of August through the 21st of August, 19599 a period of five (5) days. In the letter request- ing permission, from Mr. Frank B. Rogers, Jr. , Captain United Fire co. No. 1s .Cutchogue Fire Department, it was agreed that the posters would be taken down betweEn the 24th and 28th of August., 1959.. It is believed that this is in the public interest. "It is specifically forbidden to place these posters on ...utility 'poles or on private properts­offthout permission." Vote of the Board: Ayes®- Mr, Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. . Grigonis® The Board received the 'deed of the transfer of property from Peter Frumenti, to Pauline Frumenti. Deed was recorded August 5, 11».09 A.M., 1959 Alex Jaeger, Clerk of Suffolk County. Appeal No. 199 dated June 29 1959 was continued until such time as Mr. Frumenti transrerred the property under appeal out of his name. Public Hearing was held July 23 , 1959- Resolution was offered by Mr.. Rosenberg, seconded by Tv1r. Grigonis and carried, WHEi REAS application of Peter Frumenti having been considered at Public Hearing No. 199 on July 23 , 1959, and continued to this date, .August 13, 1959, and -he Board fir-ding that strict application of the Ordinance would produce undue hardship because when' the property was bought in 1956 it was intended to build on both sections of lot, how- ever the Ordinance makes that impossible. There are other lots of less than 100 ft. in the .area. The situation is unique and would not be shared by all properties alike in tie immediate vicinity because most of the remaining lots in the area have been sold and the lots are laid out to conform to the terrain, which is somewhat rolling The public convenience and welfare and justice will be served andthe legally established or permitted use of neighborhood property and adjacent use districts will not be substantially or permanently injured and the sj.rit of the Ordinance would be observed because this is mostly a summer sec- tion with most lots sold prior to the adoption of the Ordinance and are on less than 100 ft. frontage, therefore be it Southold Town Board of Appeals —9= August* 13 , 1959 RESOLVED, that the application.upon Appeal No, 199 dated June 297 1959' be . granted 'on property described in the deed transfering the. property from Peter Frumenti to Pauline Frumenti, recorded August 59 ,1959, 11:09', A.M. ,..,Alex Jaeger., Clerk of Suffolk County Vote .of the Board. Ayes: Mr. Gillispie,. Mr. Bergen, Mr. Rosenberg", and Mr. Grigoniss On motion of. Mr. Bergen, seconded .by. Mr. Rosenberg, and carried, it. was RESOLVED- that _ timo .a.nd place be set .for hearing upon application o.f. Joseph Riccardi Construction Corporation9 of Artist Drive, Middle Island,, L.I., .New York, for Thomas Szala, 105 Newel Street, Brooklyn, New York fora variance due to lack of access in� accorda.nce with State ,o New .York Town Law, Section . 28OAi, " Locat1.on of property® east 'side of private right-of-way, south of .Main BayvieUr Road,:. outYiold, _New. York, bounded north by. now, or.. formerly ,of S.' Peters'. easa':,�by. Canal, south by-.now or formerly of E® "C. Axien9 and` west. by Private right-of-way. Time and, place being -se t for 7.a30 P.®M. (E®D.S.T .), Thursday; August. 27,. 1959, Town .Clerk t s _Off ice, Main Road,- .Southold, New York® Vote of the- Board: Ayes Mr., Gillispie) Mr. .-Bergen, Mr. Rosenberg, and Mr..' Grigonis.. It was further Resolved that a letter be _forwarded to Riccardi Construction Corporation returning -the original variance application a/c Thomas' Szalaq and_ stating- that it will be necessary for the reverse: side �of :the application -to fully. completed .before the appeal can be aced upon at the hearing.' . , By resolution offered by Mr. Grigonis, seconded 'by Mr. Bergen and,. carried, 740 P.M. ':.(E'aD.S.T. ), Thursday, August 27, 1959 Town Clerkts ..Office, Main Road,.. Southold, New York , was set �or hearing upon application of Helmut Hass, 'or Southold Town Beach Motel ' North Road, Southold, New York, for a special . exception in -accordance with the Zoning Ordinance, Article IV, . Section 408, for permission to erect and maintain a directional, advertising sign-.on 'the property of Richard E. .Schlefer, east side Bowery Zane and south side North Road, .Southold'. New York. Vote 'of' the Board. Ayes®- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg9 nd. Mr., Grigonis: On motion of Mr. Rosenberg.., seconded by Mr. Grigonis and Southold- Town Board of Appeals -10' August. 131 1959 ."carried, Thursday, August 27, 1959,: 7:50 P.M. (E.D.S®T.),at the Town Clerkls Office', 'Main Road , Southold, New York, was set fgr hearing upon application R Helmut Hass " - for Southold Town Beach Motel', North Road, 'Southoldj New York, for a special exception in 'accordance with the Zoning Ordinance, Article III, Section .3007 Subsection ll, . for.. permission to erect and maintain a directional advertising sign on the property of Ernest C. Tuthill, south .side Middle Road, Mattituck, New, York.* , Vote of the Boards Ayes:® Mr. ..dillispie, Mr. Bergen, Mr. , Rosenberg, and Mr. Grigonis, On motion of Mr. Bergen, seconded by Mr. Rosenberg, and carried it was RESOLVED that time and place. be set for hearing upon application of. Helmut' Hassa for. Southold Town Beach' Motel, . North Road Southold, New York, for a• special exception , i:n ..accord- ance, with the Zoning Ordinance, Article III, Section 300 Sub— section 11., for permission to erect and maintain a directional, advertising sign on the property_"of' Many Pylko, south side Sound Avenue, Mattituck, New York. Time and place being set for .8:00 P.M. (E.D:S.T.) , , Thursday, August 2' , 1959, Town Clerks Office, Main Road' Southold, New York. Vote of the . Board: Ayes:- ' Mr., Gillispiei Mr. Bergen, Mr. Rosenberg' and Mr. Gr.igonis.. By resolution offered by ,Mr.. Grigonis, seconded. by Mr. Bergen ,and carried, 8:10 P.M. (E.D.S.T.) 9 , Thursday, August 27, 1959 Town Clerkis. Office., .Main Road, . Southold, New. York, was set �or" hearing upon application of Helmut.'Ha`ss, for Southold Town Beach Mote, North Road., Southold, Nett York, for a special exception in accordance with �the. Zoning. Ordinance, Article IV, Section "4-O8, 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.' Vote -of ,the .Board: ;Ayes:= Mr., .'Gillispie, Mr Bergen, Mr® Rosenberg,' ".and Mr. Grigonis. 'On motion of: Mr. Rosenberg, seconded by M±. 'Grigonis, and carried, it was RESOLVED that 'the Board of -Appeals . set 8:20 P.M. (E.D.S.T.), Thursdays August 27, -1959, at the Town" Cletkrs Office, Main Road, Southold, New York, as time and place upon hearing of application of 'Helmut Hass ' for Southold Town Beach Motel, North Road., , Southold-,. New York, , �or a special exception-- in accordance with the. Zoning Ordinance, Article' III, Section 300', Subsection 11, for permission to erect and maintain a directional advertis.- ".ing sign on the property.'of 'Joseph Sawicki, south side North Road, Southold' New York. Southold' Town Board of. Appeals. 41 August 13 9 ' 1959 . Vote of the Boards Ayes -Mr. Gillispie, Mr. Bergen, Mr.' Rosenberg' 'and' Mr. Grigonis.® On':motion of NIr. Bergen, seconded by Mr. Rosenberg;, and carried, it was RESOLVED, that. time and place be set for hearing upon application of darl,,-D. .Reiter,. Maui Road, Southold, New York, f or. -a-variance in accordance with the. Zoning Ordinance Article' III,' Section 300, for permis'sion' to ,reopen.for use as a hotel,' the'.property known .as hake 'Lodge a use which_ has been discontinued .for more than two. years. iocat'ion of property,, north side Sound View Avenue,', Southold,', New York. . Time. and place being.. set for 8.:3;0.P.Me (E.D.S.Ta) ;' Thursday,. August 277', 1959' Totim Clerk's Office' Main Road, .Southold,, New York. , , Vote of the Board® Aye y P Imo' Gillispie., .Mr. Bergen, Mr , Rosenberg, and 1'.fr. Grigonis It was' :further ,RESOLVED that,le g`a., notice. o,.f hearing be published' in. the official. newspaper on date of-August '21, 1959w . . Vote.. of the Board: .,Ayes:-. Mr. ;Gillispie I Mrs �rgen, Nsr.. . Rosenber.gi And, Mri Grigonis. .. Meeting ad"ourned at 1010000 P.M, , Respectful submitted,- . udith To Boken, Ce.cre tary