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HomeMy WebLinkAboutZBA-04/21/1960 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, .Jr. Serge Doyen, .Jr. Southolcl Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-~6(~0 MINUTES SOUTHOLD TOWN BOARD OF APPEALS April 21~ 1960 A regular meeting of the $outhold Town Board of Appeals was held 7:30 P.M~ Thursday~: April 21~ 1960 at the Town Clerk Office~ Main Roa~_ Southold~ New York. There were present: Messrs. Robert W. Gillispie, Chairman~ Robert Bergen~ Herbert Rosenberg% Charles Grigonis, Jr.~ a~.d Serge Doyen~ Jr. Also present: Mr. Howard F~ Terrya Building Inspector. PUBLIC M~A~ING: 7:30 P.M. (E.S.T.)~ Appeal No. 269 - Upon application of G. W. Smith& Sons~ a/cRodney Quarry, Bayview Road, Southold~ New York~ for a variance in accordance withthe Zoning Ordinance., Article III~ Section 303 and 307, and Article X~ Section 1000A, for permission to reduce frontage and side yard setback and'use as a single lot property located on the west side of North Nayview Road~ Southold~ New York, bounded north by Southold Development Corporation, east by North Bay- view Road~ south by T. Byrnes~ Jr., and west by Southold Development Corporation. Fee paid $15.00. Southold Town Board of Appeals April 21~ 1960 The Chairman opened the hearing by reading notice of dis- approval issued by the Building Inspector~ application for a variance, legal notice of hearing and affidavit attesting to its pub. lication in the official newspaper, MR. ROSENBERG: I spoke to Dan Smith about this and he said when this error was discovered he thought he would make one lot 100 ft. like the others and have the'one 90 ft. lot~ but Mr. Van TUYl thought he should make one 95 ft. and the other 95 ft. This parcel was purchased last June~ rather the contract was ~rawn in June.. Dan did not say too much to me~_ he thought he would be here tonight. They closed the title in October 1959. MR. GILLISPIE: That is quite a large house. It !eaVes'a 2 or 3ft. side yard because of the size of the house. MR. ROSENBERG: The people that have the home that is there now have objected to the diminution of the side yard. I can see a certain reasoning why a 90 ft. lot should be there but I do not see why he should be allowed to have a red~ced side yard. There is no house there,, only a planned house. MR. GILLISPIE: Is th~ confirmed by Mr~ Van Tuyl that this is a surveyors, error~?. MR. TERRY: Mr, Van Tuyl paid for all the deed recordings and changing that had to be done there. (Mr. Terry explained the mapl of the area to the Board.) MR. ROSENBERG: Burns objects to the undersized side yard and the persons who plan to buy the lot on the other side also object to an undersized side yard4 MP~ GILLISPIE: As far as I know there has been no one who has been permitted to diminish the side yards in a situation like this and I can see no way there has been a hardship shown. Is there anyone present who wishes to speak for this applica~on ? (There was no response.) M/~ GILLISPIE: He asks for a variance under Section 1000A~ Southold Town Board of Appeals -3- April 21~ 1960 which I think we should grant~ that is the size of the lot,~ and Section 303 is alwo the size of the lot. Section 307 is the side yard. Is there anyone present who wishes to speak against this application.? (There was no response..) Resolution was offered by Mr. Rosenberg~ seconded by Mr. Bergen~ and carried, WHEREASApplication of G. W, Smith & Sons~ a/c ~odney Quarry having been considered at Public Hearing No, 269 on ~pril 21~. 1960~ and the Board.finding that strict appli- cation of the Ordinance would produce undue hardship because this is one of two undersizdd lots. There is no other land available to enlarge this lot. The situationis unique and would not be shared by all properties alike in the immediate vicinity because this is one of two remaining lots for sale in this development. The remaining lots have been sold .and residences built on most of them. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured and the spirit of the. Ordinance would be observed because the use of this lot. would befor residential purposes in keeping with the neighborhood~.. therefore be it RESOLVED that the applicatinn be granted under Article III~ Section 303~ and ArticleX;. Section 1000A, Howevers.. permission is deniedunderArticle III~ Section 307 for permission to reduce side yard setback. It is apparent from the description of this parcel sold to Rodney Quartyby the Southold Development Corp- Oration under contract of sale dated June. 24~ 1959 that the buyer was aware of the width of the lot and it is our opinion that there is no hardship involved,~ and it was more self-created as far as the side yards are concerned. Description of parcel, taken from Contract of Sale dated June 24~ 1959: All that tract or parcel of land situate~ lying and being at Pine Neck~. Southold~ in the Town of Southold~ County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe on the westerly line of North Bayview Road 150.0 feet northerly along said westerly line from Oakwood Drive~ said point of beginning being the northeasterly corner of land of Byrnesy from said point of beginning running along said land of Byrnes and along land of the party of the first part~. Southold Town Board of Appeals -4- April 21~ 1960 South 83 degrees 05 minutes 30 seconds West a distance of 150.0 feet; thence along said land of the party of the first part.~_. 2 courses~ as follows: (1) North 6 degrees 54 minutes 30 seconds West a distance of 95.50 feet; thence (2) North 83 degrees 05 minutes 30 seconds East a distance of 150. 0 feet to said westerly line of North Bayview Road; thence along said westerly line of North Bayview Road South 6 degrees 54 minutes 30 seconds East a distance of 95~50 feet to the point of beginning. Vote of the Board: Ayes2- Fir. Gillispie~ Mr. Bergen~ Mr. Rosenberg. Mr. Grigonis and Mr. Doyen. Mrs. William Victoria~ Victoria Cottages~,~ Bayview Road. Southold~. New York~ appeared before the Board of Appeals for an informal discussion relative to violations on signs issued to her husband~. William Victoria. The first violation discussed was that of Article III., Section 300~ Subsection 11 for enlarging a sign. An "i e~ception was granted and a permit issued to erect and maintain a 4 ft. by 8 ft. directional sign on the south side of Main Road east of Indian Neck Lane,._ Peconic, This sign was enlarged to 6 ~t. by 8 ft. without permission. Mr. Victoria spoke to the Building Inspector relative to putting a fancy crown on the top of the existing sign and the Building Inspector stated this permissible as ]Dng as there was no lettering on the crown. Howevers. Mr. Victoria had lettering put on it. After considerable thought and discussion it was the cpinion of the Board of Appeals that this sign would be permitted as it now stands~,_ as they would not like Mr. Victoria discriminated against inaSmuch as o~her applications are permitted up to a larger size due to a change in the procedure. It was the decision of the Building Inspector to withdraw this violation. The second violation discussed was a violation of Article III~ Section 300.. Subsection 11 for enlarging a non=conforming sign with- out a special exception or permit and locating same in the highway right-of-way. This is also a violation of Section 1423 of the Penal Law. On this matter Mrs. Victoria was advised that she must file for a special exception. Southold Town Board of Appeals -5- April 21, 1960 With reference to Mrs. Victoria's visit to the Board of Appeals it was decided that a letter should be forwarded to Mr. William Victoria stating that with reference to his sign on the south side of Main Road east of Indian Neck Lane,. Pecnnic~ which had been enlarged to 6 ft. by 8 ft~ the original action of the Board of Appeals in granting a special exception for this sign specified that the maximum size be 4 ft. by 8 ft, which was the size of the sign being .replaced. Howevers. since that ti~e the Board has established a sign maximum of 6 ft. 6 in. by 12 ft. 6 in, for directional motel signs. Under the circumstances the Board of Appeals will not consider this particular case as a violation~, but at the same time his attention is called to the fact that he cannot alter sign. permits at his pleasure. PUBLIC HEARING: 7:45 P.M- (EoS. T.)~. Appeal No. 270 - Upon aPPl{"ation of Thomas and Florence Jurzenia~. a/c Silver Sands Motel~ Silvermere Road,._ Greenport~ New York,.. for a special exception in accordance with the Zoning Ordinance~ Article III, Section 300,_ Subsection !1~ for permission to alter existing neon roof sign on roof of Silver Sanda Motel~._ Silvermere Road, Greenport~. New York,. bounded north by Silvermere Road~ east by Silvermere Road, south by Bay, and west by August Sieger, The Chairman opened the hearing by reading application for a special exception~ legal notice of hearing with affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: There is a notation in the file that someone should be present at this hearing, MR. TERRY~ present, I will call Mrs. JurZenia to see if she will be ~r. Terry telephoned Mrs. Jurzenia and she advised she would be unavoidably absent and asked that the hearing be recessed for one week°) Southold Town Board of Appeals -6- April 21~ 1960 On motion of M_r, Bergen~ seconded by Mr. Grigonis and carried~ it was RESOL'FED that hearing upon application of Thomas and Florence Jurzenia be recessed until Thursday~ April 28~ 1960 at 8:00 P.M. Vote of the Board: Ayes:- Mr. Gi!lispie~ Mri Bergen,~ Fir.. Rosenberg, Mr. Grigonis~ and Mr. Doyen, On motion of Mr. Rosenberg~ seconded by Mr. Grigonis and carried~, it was RESOLVED that the following ~is recommended procedure of the Southo!d Town Board of Appeals: Due.to increase in motel and restaurant enterprises and applicatinns for SPECIAL EXCEPTIONS to. erect directional signs considered in the public interest - food and lodging - signs without advertising matter other than name and address - the following requirements shall be met: ~ An accurate sketch of property showing highway and adjoining properties to nearest intersection with exact location of proposed sign with sketch~ size< wording. Written permission from owner of property where proposed sign is to be erected as well as completed application for sign permit together with 'fees. Maximum size of sign --- 12 ft, 6 in. long by 6 ft, 6 in. in width~ total area not to exceed 50 sq. ft. Setback not tess than 5 ft. from any property line and upper edge of sign not exceeding 15 ft. 6 in. and lower edge not less than 3 ft. above ground, ( 4 ft. for electrical and neon signS,) Conditions will be imposed for special situations. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~Mr. Rosenberg~ Mr. Grigonis~. and Mr. Doyen. The minutes of the meeting of April 7, 1960 on motion of Mr. Bergen, seconded by Mr. Glllispie~ and carried~., were approved as. submitted. Southold Town Board of Appeals April 21~ 1960 Vote of the Board: Ayes:- Mr. Giilispie~ Mr. Bergen~ Mr. Rosenberg~ Mr. Grigonis, and Mr. Doyen. On motion of Mr. Bergen~ seconded by Mr. Doyen~ and carried~ it was RESOLVED that the Board of Appeals set 7:30 P.M~ Thursday~ May 5~ 1960 at the Town Clerk Office~ Main RoaR Southold~ New York as time and place for hea.~hg upon application of Joseph Gutierrez~ Jr.~ 615 South llth Street~New Hyde Park~. New York,.. for a variance in accordance with the Zoning Ordinance~ Article III, ~ection 300~ Subsecticn 7 ~ for permission to locate private garage with reduced setback. Location of property: west side privateroad on south side Bayview Road, Southold~New York,. bounded north by Elaine Axien~ east by Gertrude Kuck and right= of-way~ south by Corey Creek~ and west by dredged Canal. Vote of the Board: Ayes:-- Mr. Gillispie~. Mr. Bergsn~ Mr. Rosenberg~Mr. Grigon~ and~ir, Doyen. It was further RESOLVE~ that p~blication be made in the official newspaper under date April 28~ 1960. Vote ofthe Board: Ayes:- Mr~ Gillispie~ Mr, Bergen,_Mr, Rosenberg~. Mr. Grigonis, and Mr. Doyen. The Board received four applications for variances from A~ Straussner~ 1100 Main Street~ Greenport. Mr. Straussner wished to divide his property at Inlet Lane~ Greenport~ into four 75 ft. Dy 100 ft. lots for the construction of dwellings on each, After reviewing the applications it was decided a letter should be forwarded to Mr~ Straussner stating that '{~e Board of Appeals~ interpretation of the Building Zone Ordinance does not permit division of his property into four equal parts as outlined in the applications. Accordingly Mr- Straussner~s checks were to be returned with the thought that he would not want the Boardto schedule the applications since it is the opinion of the Board they would not be granted. It was pointed out that the reduction in lot size proposed in his application is 40% less than minimum requiredunder the Ordinance. The Board discussed the proposed amendments to the Building Zone Ordinance which will be taken up atthe Join~ meeting ~etween the Town Board~ Planning Board and Board of Appeals on Monday~ April 25~ 1960. Southold Town Board of Appeals -8- April 21,. 1960 The next meeting of the Southdd Town Board of Appeals will be held 7:30 P.M~ Thursday~. April 28#. 1960 at the Town Clerk Office~ Main Road,~ Southold~_ New York. Meeting adjourned at 10:35 P.M. Respectfully submitted~_ Judith T. Boken~ Secretary