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HomeMy WebLinkAboutZBA-07/09/1959 �O T Southold Town Board of Appeals SO UTH®L®, 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. M I N U T E S Southold To-mn Board of Appeals July 9, 1959 A regular meeting of the Southold Town Board of Appeals was held Thursday, July 9, 19599 7:30 P.M. , at the Town Clerk's Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr. , Chair- man, Robert Bergen, Herbert Rosenberg and Serge Doyen, Jr. Absent: Mr. Charles G?igonis j Jr. Also present: Mr. Howard M. Terry, Building Inspector . PUBLIC 1E.RING: 7:30 P.M. , Appeal No. 189 - Application of Mattituck Marina, Camp Mineola Roads Mattituck; New York,? for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain a directional sign on the southeast side of Main Road, south of New Suffolk Avenue ' Mattituck' New Yolk ' on property of John W. Boutcher. Fee paid 1'15.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing g and affidavit attest- ing to its publication in the official newspaper. CHAIRMLLN: Is there anyone present who wishes to speak for this application? Southold. Town- Board of. .Appeals -2-. ' July 9, 1959 : -JAMS 1=,' Mattituck, New Yorke stated that lie wished. to s•peak '�for the .application ,and said that.-the marina is out of the' way from the Main Road. the.refo..re a directional sign is necessary. CHAIAM-1Na This would direct people who ar.e 'heading 'east? IvM. I=H: Yes. CHAIRMAN: Is there anyone else, present who 'wishes t o speak for this application? - Is there anyone presen.t` who, wishes to speak against this application? Is there anyone 'who wishes 'to ask any questions?, (no _One, wished to s.peak.,) CHAIRMAN: .. There .is one' question as to the detail on the,.-sign 9 'what do -you plan to put .on' the sign? i4M. IMH,, The sign, will, read, "Mattituck Marina' . Launching Ramp, . Trailer Service;' that is boat `trailers.'. 'Row, Boats, Gasoline,," and dire.etions to ,get, to the. Marina which will.-be_ "Se'cond right on . New Suffolk. Avenue..", ' CHA.IRM&N: We are,' trying. to. ,eliminate .unnecessary advertising. . the word gasoline 'is .a product :and will,, have to' be eliminated. 11h.at size. -will the 'letters .be? 1,1R. 1=: About. 3 n a CHAIRTI�AN: There are' other signs in.'the vicinity- advertising marinas and, boat yards.. -, It,-might handicap th:e.� 'Mattituck Marina if, . . they are not .allowed to erect .a 'sign; since they are just starting in business. , (The Chairman then read -to Mr.. 'Xreh• the requirem nts . for granting a• sign. application,)' Resolution was. offered. by Mrs Bergen,. .seconded by 'Mr. Rosenberg and carr-ied� ti,=REAS application of .:.Mattituck M4r.ina; having -been considered at Molic Hearing No'. 189 on July 91 ' 19,9, and the Board finding that, the.. public convenience 'arid 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 would 'be'. observed ' .therefore Be it RESOLVED,;', that .the application be granted for the. erection. and maintenance -of a 4 ft-" by ,7 -ft directional sign to' be°:located on the southeast -sid'e of Main Road, south of, New Suf;folk Avenue Iviattituck, Nevy York2 on. property of John 'W. Boutcher.' -Sign' to read ��Ma�tituck . Marina, Launching Ramp, bailer Service, R&w Boats ' Second. Right on . New-Su.ffolk Avenue,'.." Vote of . the. Board: Ayes:- Mr. Gillispie� . Mr, -Berg eh - Rosenberg, and Mr Doyen. Southold Town Board of Appeals ' 3 July 9, 1959 PUBLIC HEARING: 7:40 P:M.,,, Appeal No. _,190 -' Application'. of, Mattituck Marina, Camp Mineola Road, 'MattituckL,. New York, for a special exception in accordance' with the Zoning Ordinance ,. -rticle III, Section 300, Subsection 11, or ,perm_ission .to erect and :main- tain a directional sign on the southwest corner of Camp. Mineola Road and New Suffolk Avenue? Mattituck' New York, on property of Malcolm Tuthill.. Fee paid $15.00; The Chairman opened the hearing by ,reading' application- for special exception, legal notice of hearing, and affidavit attest= ing to its publication in the of newspaper. ; CHAIRMAN: Is there anyone present, who wishes- to speak -for this application? MR. JAIL 1,3ZH, Mattituck, New York: I t-ish to speak for this application. As stated before , the marina is off she main road and this sign is necessary to direct people to it. CHAIRIIAI�T: Is there anyone else present, who wishes to .speak for this application? - Is there anyone present who wishes to speak against this application?. - Are there any questions the members of the Board would like to ask?' (No'. one wished to speak. CHAIRMAN:. What do you propose to put on this .s.ign? T - This one will. only say, .t'i�attitucl Marina" ,, with MR» EH: ' an arrow pointing, south anal, the words ,,. "Launching Ramp" in. the center of the arrow. Resolution was offered by Mr. Bergen, seconded by Mr. Doyen and carried, whereas .application of Mattituck Marina having been con- sidered, at Public .Hearing No. 19.0 on July 9, 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 permanently injured and 'the spirit of the ordinance will be observed,,. therefore Be it RESOLVED that the application be. granted .forthe erection. and maintenance of an. 18 in.. . by 3 ft. ,directional sign to be located on the southwest corner. of Camp Mineola Road and ,New Suffolk Avenue' Mattituck, New Yotjk7 .on property of Malcolm Tuthill., Sign to read t'Mattituck Marina7" with a;h arrow pointing south and the words , "launching Ramp" in the center .of the a r_row. Vote of. the Board: Ayes :-, Miir. Gillispie. , Mr.® Bergen- Mr. . Rosenberg; and ir. . Doyen. Southold .Toi,,rn Board of Appeals +- July 97 1959 PUBLIC IEARING: 7:45 P.M.-.' ..M:' 7 Appeal No.- 191 Application of Horace E., Kyser, 504 Hempstead Avenue, West Hempstead, New York' for a special exception in. accordance with the Zoning. .Ordin- ance � Article IV, Section �00, .Subsection 97 for permission .to erect and maintain a public garage and gasoline service 'station on the northeast corner of -Main %goad. and Bay "Avenue, Mattituck, Flew York, bounded north by Main .Road' .east by Mss. .E,. ''-C. Wells ' south by J. J.. KLein, and. west ,by Bay Avenue: Fee. paid 815.00. The Chairman opened the hearing by reading application for , special exception, legal notice .of hearing and affidavit= a.ttestirig to its publication in the official newspaper. CHAIRMAN: ' I. believe ,it was .requested .,that , this application be amended to a lesser request by eliminating the words ,.„a Public garage ;,, and confining the application to : gasoline service station. MR. 'RENNSELAER T=ff') Soutold, New York, attorney• for Horace Kysera I do not- believe.:there was such a request, that, the was prepared.-to -read as is, _in the- section of the Ordinance-. Although it tras suggested to us that we amend' the application we had not =dis- cussed .or considered it. I do not know' what fir. �:yser has in mind but I bolieve is, interest. is to 'us-e . the premises as . a gasoline service station and I ,think that the property was formerly operated by an out- board sales sand. service agency and wa.s at one time an automobile. agency. I think Mr. 1rKyser is sole interests at this .time would be to -use the property as a gasoline . service station- but, I would like to. have ,Mr. Kyser • tell you the reason .the . applica:tion was made _for .a public garage, what his interests are in. that respect. CHAIRiNaN: ' Mr'. Ryser, would you tell us? 14R. K'SERi I bought this property from .laein and it had been used as a service station for a good .many, years.- 'When I bought it -the pumps were in the 'station. and owned by ESSO Standard Oil.: I want to continue the operation of the service station and , in the same way. . I do not want..a . public, garage at all. (The. Chairman explained the difference, between a public garage and gasoline service station. ) ; MR. TERRY: , You may 'dele'te `the words f1piiblic gage 11 f bfi the application. CHAIRMAN This should in Ao way prejudice your ease in the event you. -wish to apply for a public garage in the 'future. The .application is, so amended to read just an automobile. service station and delete the words ',public garage CF-.k=IAN Is, there anyone. present who �Tishes to speak for this application? ' Southold Town Board of Appeals, ' July , 1959 .1R. T,ERRY: For .the "record T -do"not think' -I, have. to repeat what has been ,said before. The property was 'previously used" for an automobile' service, station and it . is econmmic'a.11y feasible for such a use. CHAIRMAN.: How long has it been .since' this property has .been used, as a. service station? " I/.. .KYSER: About- two .years CHAIRMANt Is , there anyone else present who .would like .to speak for -this. application? (The ,Chairman then read .the' conditions that are.:'imposed upon granting gas ; station, 'applications.) r�R: KYSERm I think, they are all good and,- are not objectionable in any manner. . CHAIRi�iAN: ' Is. there anyone, present. who' wishes 'to speak against . 'this .application? - OTo one.'wished, to speak® _Are' there any q estions from ahir members of- the Board in connection 'with this application? (No on; wished to speaks) Resolution was offered by Mr. Rosenber.g,,' seconded by Mr.. Bergen and carried 7' 1,TfEREAS application ..of Horace E: Eyser y having been .con= sidered at Public Bearing No. "1)1 on July 9, 1959,, 'and the Board find' ing that. the. public convenience and' ,welfare and ' ju°stice will, be serve and -the legally established or .permitted use. of neighborhood property- will, not be substantially. or permanently injured, and the spirit of the will be observed� . therefore. Be it!"RESOLVED that the application be granted to maintain a gasoline .service station on .the- northeast corner' of Main Road and Bay Avenue, Mattituck� New York subject to the following conditions: 1. Location: Northeast corer-ofn Vain Road and Bay Avenue; Mattituck, New Yorke bounded- north by Main Road,' east by Mrs. E: C. Wells, south by J., J. Klein;.',,and.. we st_,by Bay Avenue. 2 Signs to, be in, accordance.,vith Article.. I-V, Section .40.8 of the Building Zone. Ordinance of the Tow" of Southold. 3.. No major repair work '`shall be . perfor,rned in'the 'open. 4.' Pumps , .hzbricating 'and`other' devices shall 'be located at. Ieast _fifteen .(15) feet -from .the line of any street or,. highway9 right- - Southold ,Toren :Board _of Appeals —6 JUIV g, 1959 of way or property line. 5. All fuel or siiiilar substances skull .be stored •at least fifteen (15) feet from any ..street or .lot line: 6: No automobiles'' 'or. automobile ..parts' ,dismantled ,or damaged vehicles and similar articles shall be, stored in the open and no parking of,vehicles , other•;than those being serviced shall be per- . mitted Vote. of .the 'Board.- , Ayes: lfir., Gillispie, 14r. Bergen, Mr., Rosenberg - and Mr.' boyen. The minutes of the. meeting ',.of June 251 19.592 :on motion of Mr-,. Doyen9' .seconded .by kr. Rosenberg and 'carried . were approved as sub' mitred® Vote of".the Board; Ayes :' Ire ; Gillespie �ir. .,Bergen' Mr. ,Rosenberg' acid Mr. Doyen, PUBLIC 1 ARING: 8:15 P'.M.9 Appeal .No. 194:2 Application, of klleyne Gogen-?- 229 Cathedral Avenue!', :Hempstead.2 New York, for a variance . in accordance ,with the . Zone ng. O:rdinance� .Artic_le III; ,Section 3077 .for• permission to reduce n(x,therly side yard , on; .lot No. 67, Map of Nassau :Point Club Property' Inc. ' .east. side Nassau, Point .Road' Cutchogue 9 New York..., Fee;.paid ',$15.00. The' Chairman opened. the hearing' by reading notice .of violation ', issued by the Building Tnspector:9 .legal notice. of, hearing and .affidavit attesting to its publication in the _off_icial .newspaper, CHAIRI\,AN«. Is ,there' anyone present .who wishes to, speak for ,th_i's application? MR. GOGEN `229" Cathedral .'Avenue, Hempstead' New Yorke The • violation was. due to: an :honest .error. on the, .part' of the construction crew® The stakes marking the excavation were displaced and the mason had taken thewrong marker; ' Unfortunately the building' on one, corn ) load invaded , the 10 -ft. requirement. I believe redesigning the house :would cause a material loss and •als-o-•-loss of .the season. Your favor able,'.decision would be greatly appreciated, CHAIRMANO Who .-set up the .stakes?, Southold LTown, Board'-of Appeals' July 9 '19..59 NT,. GOGEN: 'I did'.' GHAIMiI : Was there a survey .of the 'property?, NPR.' GOGEN: I measured It ..myself: I me4sured 90 ft. -from'my southerly side aine' .to within 10 ft. of the. northerly side line and also allowed a 6, in. margin:, • - CHAIRMAN: Is .there anyone else prese"nt .who wishes , to speak for this application? i, . -.ALLEYNE G.OGh-N7 229 Cathedral avenue, ',Hempstead.,. New York: ' I wish to state that this .was ..purely an unintentional e rror.• We 'double checked ,and .measu.red carefully. But when the,'Building Inspector came down he found us; in violation.. CHA_TRMAN: Is there anyone else` preserit `who wishes', to speak for this " application? - Is there anyone 'present who, �rishes .to speak against this application'. Are „there any :questions? Resolution was off ered by ,Mr; -Bergen., ,seconded by Mr.. Rosenberg' . . and' e'arried., WHEREAS application of, Alleyne Gogen; having been con- sidered at Public Hearing No. :194'on July. 99 .1959 and the Board finding that strict application of. the 'Ordinance,'.would produce undue hardsrip' because if it were, :not granted it would` 're,quire the redesign- ing of •the -entire interior ' of the house. The situation is., unique and would not be.-shared by all properties"alike ',in the immediate vicinity because the nearest -house is, located -200 feet' away from, this-house. The public 'convenierice and welfare.."and' justice, will be substantially served, and; the legally established or, permitted use. of: neighborhood property and ad jace,nt use. districts would not .be :substantially . or• permanently injured and the ,spirit .of the ,'Ordinance would be. ,observed ,. because it would not .obstruct ;the .view, or , weather of the homes on either side of the property., therefore be ranted Be it RESOLVED' 'that tree application as applied for. The' Board of Appeals feels this is not a deliberate -error and .no -one will. suffer any hardship as a result of granting 'this .application. Vote of 'the Board Ayes:-. Mr. Gil,lispie, hir. Bergen; Mr. Rosenberg, and ,YIr. Doyen.,. On:mdtion' of. Mr.a Rosenberg 9„ seconded„by viro Bergen, and carried, it wa•s �RESOLV�� that _time. ,and place. be. set' 'f.or hearing' ,upon appii- cation of. William T. B e 9..Youngs .Road ; Orient, NeWL York, f'or' a':special exception in: accordance with the Zoning,. Ordinance , - Article III, .Sec- . t%on 306 'for permission, to reduce west .'front ..yard setback. on corner Southold `Town Board of"Appeals; -8.� July,L9; 1959 lot. Location of property. Robinson Road' Gre.enpor;t, `Lot No. 9 on map,.of Steeling .Harbor ' Home.sites, ,",bounded north by J. Chapman, e as t. 'by L.' Chapman,. south. by Robinson Road, "arid- we s t by ..Robins o.n. . Road. Time and .place, being set for- 7.:30 P.M.' (E.D.S�.T.).;. :Thursday, July. 23 , .19597 at. the `Town Clerk's_ Office, Main Road, Pauthold, New York. , Vote of the ..Board:. Ayes: i�Ir.. Gillispie, 1r Bergen9 T,Jj Rosenberg," and Mir. Doyen. By resolution offered. by 'Mr.." Doyen;' seconded by Mr m Rosenberg . and carried)'' 7:45 P.M.. (E.D*.S.T..:) ,,,,,Thursdayj, July- 231'11959 .at the Town Clerkrs Office, Main Road,,. o.uthol`d, .New York; .was set for- hear- ing upon application'of "Feter Frume'nti,. 3-312' "Decauur. Avenue, ,Bronx b7, .New, York, forea variance" zn,.accordance with the Zoning Ordinance, Article III,, `Section 303', and; Article X. section 1000A, for permission to reduce frontage and use` 71 as a :single lot, property. located . on' Private -.Road (Stars Road east side Cedar' .Avenue, East- Marion,:'.and .bounded . north by W.,.Stars '. east by., Private,, Road (Stars Road) , "south by other. lands `of the .-plican-t, and nest.' by . Theodore Stamos Vote of the. Board: Ayes t- .. Mr. Gillispie, Mr, .Bergen,, I�Ir." Rosenberg-,',and, ALr. Doyen. ' On motion .of' Hr. Rosenberg,,' ' seconded by Mr. Bergen and carried, it was RESOhVLD that the Board "of Appeals set '8:00;P.M, '(E.D.;S.T.) 9; Thursday, July 23 .,195.9, at the Tomn."Clerk"s Office, Main Road9 Southold, New-'-York, as time and .place .upon hearing of ,application of 'Co B. 8. .Mari, Salt.:Lake Village' Mattituck' , New_ York, for a variance in accordance with the .Zoning- �Ordinan-ce., Article III' -Section 303 ; and Article'X, Section 1000A.,. for permission to reduce•-frontage and . sell" :>. as a single lot ' property located on the, east side Rochelle Place, . ;M4ttituck, New York, hots No. 28 0 3.0 on map., of Lidia. Bartley. . Bounded north by' Rochelle Place, east ,by .other lands bf the applicant, "south by Ebinger, and west ,by ,,Old Salt -Road® Vote . o f the . Board t= Ayes': Mr'. .•Gillispie�, Mi�. £ergen, fir q - R.osenberg , -and Mr. toyen. It was' further RESOLVED that legal notice of.. hearing be pub lisped in the official newspaper on date'., o-f -July .17," 1959s Vote of -t'_rie Board'i Ayesr h1r. Gil7ispie;. 1fi. Berg:6 "Nx Rosenberg, and Mr. Doyen. . PUBLIC :HEARING." 8:45" P.IK. ,:" Appeal lb.' 195 Application of Kenneth R. Trillcott, 222 Third Street, ' Greenport-, New'York,' for a Southold. To.vn ,Board 1 of Appeals 9 July, 9' '195.9 :variance in accordance with,' the Zoning Ordinance; Article III,- Sect•io.r_ 303 , . and Article X,, .,Section 1.000A, for' Is to reduce frontage and `sell' as a. single'"1"ot� property located- on the east ' side ?mood Laney Greenport9 "New York, and bounded north by D.' Dr.iskell, east by .;. °A.":Loonies'' "south by other lands. of the',applicant, and west: by .Wood Zane Fee paid It,15,00. The'' Chairman opened the hearing .by reading let ter" from Mr.,, E, Radford" :.on behalf of" the, applicant? notice _ of disapproved issued" by :the Building. Inspector, legal notice of. hearing-, and affidavit attesting - to its publication-in the'"o_fficial "newspaper. CHAI dAAN:, .Is" there ,anyone p e;sent rho =wishes to speak for this.. applicatonn? PUi. . ERNEST .RADFORD," ".14ain- Road•, East ,Mario"' , New York, ' spoke for the' applicant. He pi:esented a. map .to help ,ex.plain the.".appli= cation. Mr. •Tril1c.o'tt- originally bought four 50 ft.- lots and then sold: some to. Mr. Driseclle _ 1.O. .ft. -to .be. exact'. CHAIRTNUN:' .'Are they ee any other' 'questions? Are .,there 'any structures-,,on ,,the ..property' lei,. RADFUD e No, there:. area,n0 t' CHAIRMAN: Is "there anyone present who, would .like .to speak against this application?, 'Are there any questions .members of the Board would like to ask?. (No one , wished to "speak:. )' Resolution was offered by ..Pirs- Bergen, seconded' by" Mre Rosenberg and carried, WHEREAS ,application 'of Kenneth R.., Tr,illcott'. having been considered at Public Hearing Noe .195 .on.• July- 9,. 195 j., and .the Board". . finding" that :strict ,application .of. the Ordinancer. would, produce undue hardship because applicant :would be. unable, to .sell:. the 90 f t: and retain the '100 ft. .without this .requested variance . :The - situatioh,' is.• unique and , not b e•,shared, by all properties alike" "in the .immediete ;,vicinity because almost all "of tkie.:remaining .1' is "are of 50 ft. ' to 60" ft. frontage and can presently be s-old in their, existing. -sizes m The public convenience and welfare and justice will be substantially. served and the ..legally established .or permitted use of neighborhood property and ad jacent.'use,. districts, would r`6t, be",subs tantially or. " -permanently.'injured and the "spirit .,of the , Ordinance wouldbe observed' " because this ..90 ft. lot, and the . remaining 100 -'ft'. hot 'would,:-undoubtedly enhance the neighborhood' by , the,ir larger .size than 'e'xisting lots ,. therefore Be, it" RES'OLVED" that the application be granted. as applied for. Vote of the Board: Aye.s - Mr,. Gillispie , Mr. Bergen, A'Ir. Rosenberg, and; Mr.� .Doyen. " Southold Town Board 'of Appeals --10 July 91 1959 . PUBLIC. HE-, '9-:00' P M. -,.Appeal No. 1.9E Application of Leo Sled je ski, ; and Peter. Sled jeski, ,`Mai.n, Road and .Ding Street, . .Gteenport and Orient, . respect vely9 for a .variance in accordance with the Zoning U dinance., Article III, Section 300 " Subsection 9, for permission. to maintain. .two , seasonal advertising signs in con- nection with d� pr,oduce stand '.. north 's ide, North Road :,(Route 27A) , opposite Queens bane on the property of Leo Sledjeski. , r' e paid . $15.00. The Chairman. .o,pened. the hearing by reading application for special, exceptia4 legal notice of hearing and affidavit attest- Ing to its publication in, the official newspapers 'CHAIRMAN.-..: Is' there anyone present who wishes . to speak for this application? Messrs'. Leo and Peter Sledjesk,i stated, that thay .wished. to speak for .the applicationA , ClaIRMAN: Hota 'would you locate the si.gns'. in relation to the, stand? PETER SLEDJESKC , -King Street,' Orient, New York: The signsnare:` '2 ft.' by 4' fto. 'and I can, move - they. around, -..it is nothing permanent, just temporary signs• . CHAIRK&NE How far away from the, stand would you put the- signs? PETER SLEDJFSKI: about ,'SO yards. .. CHAIRM&M. You feel you would .need,two signs? PETER ,SLEDJEliT: They are..already made up, .and single faced.. CHAIIUr N: How did you have them-.located- at the .old location? How close. to the vegetable. stand? PETER S1EDJES1KIc 100 yards before 'the stand, ZEO SLED�SILI: We, would have, to put this on: my property and it is cut off: from all access ..and creates a -hardship,® CHAIRMAN: , Is. there anyone,- else--pre sent-.who wishes to speak for this application? Is there anyone present who wishes to ,speak .against this application?. MR. GEORGE �PANCOS: I w' otild like to speak for it. I.. just wish. to say that it .is a hardship. I was .past thre and since the new. road was 'put in it cuts off all traffic`-past their. stand.. CHA.IRTL -Is there anyone else who %could like .to" speak for, this application? Anyone wish to speak against , it? (Ho one wished to 'speak® ) Southold Town Board of Appeals -11 July 9, 1959 CHAIRMAN: . You are the first ones to ask for more than one . sign. How..l.ong are you planning to have the stand' open? ' LEO SL DJESKI: Approximately a two month period. From the. end of June'. 1st of July' to .September. Possibily October... CHAIRMAN: Would it ;be possible for you to. put the signs .back , to back? PETER SLEDJE'SKI: That is possible-. We would put them to the west of the stand, at the edge - of the swamps. and put them back to. back. CHAIRMAN:—, By doing that you, would not have .to' have .a. variance at all: (The applicants agreed. to reduce. their variance request from two signs to�� one sign back to back. The appeal was, held open witY�- out prejudice to reopening in- the event they find it necessary to separate the signs. -- as are presently being used on Route . 251. Greenport.) ' Vote of the Board: Ayes Mr. Gillis.pie Nir. Bergen, 1•'1r. Rosenberg, and ,111r. Doyen. PUBLIC',HEARING: 9:15 'P.M. , Appeal No. . -1.97, - ,r'lpplicat L n of Bert Scagliotti, Madeline Avenue Fishers `Island' ; New York, for a -variance in accordance with -the Zoning Ordinance, Article III,, Section 300, Subsection .7, for 'permission to reduce 'front yard set- Back requirements and build private -'garage-on property bounded north by Madeli_neaAvenue, east by W E. Land Company, south by,W. E. Land Company, .and west ,by Crescent Avenue, Fishers 'Island., Fee paid $15.Cal The Cliai rman opened, the hearing by reading notice 'of. disapproval issued by . the . Build' g Inspector, legal notice of the hearing and affidavit attesting to its publication in the official' -newspaper. CHAII�IIAN: Is there anyone present T%to wishes to speak -for- this application?. MR. H014ARD i\I. TERRY, Building Inspector: I .went over the property with Mr. Scagliotti the last - time I was on. Fishers . Tsland and looked the proposition over and, said he, had a-reasonable hardship �re ,uest. (Mr. Terry explained the. sketch :tYiat appeared,. in the file* ) he Nest End Company has no objection-to- this. ..CHAIRMAN: Is. there anyone else, present who wishes to .speak. for this application? - Is there anyone ,present who. wishes to .speak against this. application? - Are there any questions members of the Board would 1ike to ask? . : . Southold Town Board of Appeals' Aj�2- ' . July'.97 1959 lNo. one, wished to speak. ) : ,. Resolution was .o•r-�ered by Mr: Doyen' seconded '.by Mr. Rosenberg and 'earried, WBEREASg ' application of: Bert. Scagliotti, having been considered at Public Hearing .No. 197 on July .9, 19599 and the ,Board, finding that strict application of the Ordinance would produce .undue hardship because of the unusual topography of the lot. The situation is unique and would. not be shared .by all properties alike in the . . immediate vicinity- because this is a corner lot and the depression to the east side of the lot makes it undesirable to build,. The public conven ience and'.welfare . and-, justice will be substnatially served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantia7.ly or permanently injured and the spirit of the Ordinance would be observed because the next property easterly with a. dwelling .has the garage ,'closer than 10 feet to the streetll 'and the` general setback onf the street is not deep7 'therefore Be it RESOLVED that the application' be granted. as applied for. Vote of the Board-.' .Ayes:- Mr. ' Gillispie, Mr. - Bergen,, Mr. Rosenberg' ­and' Mr. Doyen: Mr.' George Pancoast, accompanied. by his attorney Mr. Lefferts Edson, appeared before the Board o.r 'Appeals. for an informal.. discussion. Mx. Pancoastls son-in-law, Mr: William Rogner; is the owner of the former Mahlon Dickerson house .on Bayview;Road, Southold., New York. This is . a white, two and one halfstory- •'oil heated, , approximately 85 x 40 - house, 'with about' to large rooms, . three and one, halr baths, six fire_ places, accessory buildings, two acres of land. Mr. Rogner has , found the house far too large for a single. family residence and presently has it for sale, . and has found 'a purchaser, for the property, the Christian Science. Church,. who propose to use the premises for a home ror �retired people of �their organization_ Before going through with the purchase the Christian Science Church wishes to know whether the house ''could be' used for, such, a purpose (home'L. •ror retired people ). , Mr. 'Pancoast stated that he has been advised -by tie organization that -this will°'be a non-profit use of, the property. : Mr: Edson' speaking for Mr: Pancoast, contends that the' use , comes under .Article III Section 300, Subsection 5 or '8 o'r '.the Building. Zone Ordinance. �he- members 'of the Board o_f 'appeals aZ 1 feel .that the tse is-strictly one or an "M" Multiple' Residence District. and there- rore a change of' zone ,would be` required. A':lengthy discussion was held by ' the Board and Mr. Edson and it was decided that. the only solution would .be to- con-Per' with the Town 'A ttor'ney .and learn his opinion in. this matter. , The Board advised Mr.. Edson that such a' . meeting with the Town 'Attorney would be arranged. .and Mr. Edson would 'be advised of the time and place in order that he may attend. Southold Town Board of Appeals —13— July 9, 1959 , Mr. George McCarthy, Mattituck, New York, appeared before the Board of Appeals for an informal discussion relative to tree appli- cation of Ernest Wilsberg, Jr. , for permissive use rich was with- drawn. vL. McCarthy was confused as to the reason the application was ?withdrawn, and just vThat lair. Wilsberg could do with the property in the future. The Board advised I\Ir. McCarthy that Pis. Wilsberg would be permitted any use allowed in a "B" Business District on the property bought :from Mr® Wilsberg, Sr. To complete the file of Wilfred B. Ruland, Jr. , it was decided a letter should be forwarded to Per. Roland advising. that it was the opinion of the Board of .appeals of ter consultation with the Town Attorney on the night of June 25, 1959, that he is permitted to move his occupational handicraft to the ?proposed new residence on Main Road, Mattituck. However, no advertising sign is permitted at the new location. The only sign permitted is one of two (2) square feet viith his name only, as agreed The ne,Lt meeting of the Southold Town. Board of Appeals will_ be held Thursday, July 16, 1959 at the ToiAm Cler-L.'s Office, Main Road, S.outhold, New York. Meeting adjourned at 12.15 A.M. Respectfully submitted, Judith T. Bolen Secretary airman oa PPea s