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HomeMy WebLinkAboutZBA-01/21/1960Southolcl Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Rob~t Bergen Herbert Rosenberg ' Charles Gregonis, Jr. Serge Doyen, Jr. MINUTES Southo!d Town Board of Appeals January 21, 1960 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, January 21~ 1960, at the Town Clerk Office, Main Road~ Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr.~ Chairman, Robert Bergen~ Herbert Rosenberg, Charles Grigonis, Jr.~ and Serge Doyen, Jr. Also present: Mr. Howard M. Terry, Building Inspector. PUBLIC HEARING: 7:30 P.M., Appeal No. 259 - Upon appli- cation of Joseph F. Wallace, a/c 'Wallace Furniture Store, Main Street~ Southold, New York, for a special exception in accord- ance with the Zoning Ordinance, Article IV, Section $08, Sub- section B~ for permission to erect and maintain an advertising wall sign on the front of the Wallace Furniture Store~ Main Street~ Southold, New York. Fee paid $1g. O0. 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. CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOSEPH F. WALLACE, Shelter Island, New York: to speak for the application. I wish Southold Town Board of Appeals -2- January 21, 1960 THE CHAIRMAN: You are from Shelter Island and you were not too familiar with the Ordinance and so youl eft it up to your sign many is that correct~ assuming that he would ~now the rules and regulations governing signs? MR. WALLACE: sign up there. That ~ right. I would like to keep the THE CHAIRMAN: How tall are the letters? MR. WALLACE: inches. I do not know exactly, I think they are 20 MR. HOWARD M. TERRY, Building Inspector: itself is not over 18 inches in height. The lettering THE CHAIRMAN: Is it illuminated? MR. TERRY: It has a canopy for the illumination. THE CHAIRMAN: It is a nice looking sign~ but it is over the 12 ft. permitted for this store. d ' WALLACE: We could only cut it off 5 inches~ but then I wou still be over the limit. THE CHA!R~A~N: Is there anyone else present who wishes to speak for this application? Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRM~N: If there is no one else present who wishes to speak for or against this application~ and no more questions: I propose a resolution granting this application as applied for. I feel the reasoning is correct and you need this type of sign and it does not detract from the area. Resolution was offered by Mr. Bergen~ seconded by Mr. Grigonis~ and carried, WHEREAS application of Joseph F. Wallace, having been considered at Public Hearing No. 259 on January 21, 1960~ 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 sub- stantially or permanently injured and the spirit of the Ordinance will be observed, therefore be it RESOL.VED, that the application be granted as applied for~ for the erection and maintenance of a sign 16 ft. long by 20 inches wide~ with the following lettering: "Wallace Furniture~ Upholstering~ Custom and Stock"~ on the front of the Wallace Southold Town Board of Appeals -3- January 21, 1960 Furniture Store, Main Street, 8outhold, New York. The Board of Appeals is of the opinion this sign is an asset and will in no way detract from the neighborhood. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg, and Mr. Grigonis and ~. Doyen. The Board of Appeals discussed the matter of contacting the sign painter, Sherrill B. Pemberton relative to this sign he constructed, painted, and erected on the Wallace Furn~ure Store in violation of the Zoning Ordinance. It was the opinion of the Board that a letter be ~itten to Mr. Pemberton, Main Road, gouthold, New York, calling his attention to a previous letter forwarded to him on August 21, 19~9 mentioning Article X, Section lO12 of the gouthold Town Building Zone Ordinance. His attention was further called to Article IV~ Section $08 Subsection B relating to the construction and erection of signs in the "B" Business district and pointed out the case of the Wallace F~rniture Store which cost ¥~. Wallace $1~.00 for publication and various other inconveniences occurred to Mr. Wallace whichmight have been avoided if the sign had been constructed bearing in mind the legal limitations applying to a sign in the "B" Business District. PUBLIC HE. ARING: 7:~ P.M., Appeal No. 2~0 - Upon appli- cation of Kenneth N. 8chold, a/c Pinecrewt Dunes Camp, North side Sound View Avenue, gouthold, New York, for a variance in accordsnce with the Zoning 0rdinance~ Article III, Section 202~ for permission to replace a camp building at the Pinecrest Dunes Camp, 8ound View Avenue, 8outhold~ New York. Permission is also requested 2or recognition of access in accordance ~th State of New York Town Law Section 280A. Fee paid $1~.00. The Chairman opened the hearing by reading notice of disapproval issued by the building inspector, application for a variance, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. KENNETH SCHOLD, S~outhold, New York: My purpose in doing this~ as stated by the application~ I have five build- ings in existence there which are buildings built over a period of at least 20 years, non~ less, some were buil~ 30 years ago. They were built on the ground~ more or less, on blocks, and are now at the point beyond practical repair. gouthold Town Board of Appeals -~- January 21, 1960 THE CHAIRMAN: By saying they were built on blocks, you mean 'there is air space under them? MR. SCHOLD: Yes. I have a sketch here that I prepared. (The Board examined the sketch and discussed same.) MR. SCHOLD: This will replace and will not add to any space which we had. (The Board discussed the previous layout and just what buildings this new building will replace.) MR. $CHOLD: In the past 2~ years we have grown from a camp of ~0 to 150 campers and a total camp family of 210 people. MR. DOYEN: Where do the campers come from? MR. SCHOLD: Long Island, the metropolitan area, New Jersey, Connecticut. MR. DOYEN: Is it privately operated? MR. SCHOLD: Yes~ it is. THE CHAIRMAN: like to ask?/ Are there any other questions anyone would MR. TERRY: I have here a sketch I made of the area with the access shown. THE CHAIRMAN: The road is passable? MR. TERRY: The narrowest point is l~ ft. MR. SCHOLD: The access will be improved by tearing down one of the buildings. Where the buildings were so close together that was the narrowest point of the access. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? Is there anyone present who wishes to speak against this application? (There was no response.) Resolution was offered by Mr. Rosenberg, seconded by Mr. Grigonis~ and carried, WHEREAS application of Kenneth N. Schold, a/c Pinecrest Dunes, having been considered at Public Hearing No. 2~0 on January 21, 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because the present buildings are in such poor con- $outhold Town Boar~ of Appeals -~- January 21, 1960 dition they must be replace d and there will be only one build- ing replacing the five existing ones. The situation is unique and would not be shared by all properties alike in the immediate vicinity because this is the only property used for camp purposes in this area. 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 this property has been used for a boys camp for many years and the proposed building will be used for the same purposes as the five existing build- ings which will be removed, therefore be it RESOLVED that the application be granted as applied for, for permission to replace a camp building~ and recognition of access from Sound View Avenue to the.proposed new building, a distance of 970 feet over the existing road which runs north and south from Sound View Avenue to the Long Island 8ound. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. The minutes of the meeting of January ll, 1960, on motion of Mr. Rosenberg, seconded by Mr. Grigonis, and carried, were approved as submitted. The Board of Appeals received a letter from the Planning Board recommending that the Board of Appeals grant variances on lots owned by Walter C, Grabie on the south side of private right-of-way at Luptons Point, Mattituck~ New York, and numbered 20~ 21~ 22~ 23, 25, on map of property surveyed for Edmund R. Lupton situate at Mat~itUck, New York, surveyed by Otto Van Tuyl & 8on on March 2~, 19~2. The Planning Board stated in their letter they make this recommendation in view of the fact, although these are only 75 ft. lots on the right-of-way~ they are 100 ft. on the water and contain more than the minimum area required under the $outhold Town Building Zone Ordinance. Any attempt to change the right-of-way at this time would result in excessive hardship to Mr. Grabie. In reply to this letter the Board of Appeals forwarded a letter to the Planning Board stating that it is the under- standing of the Board of Appeals that the Board of Health now requires 20,000 sq. ft. minimum lot size in subdivisions. It is also the Board of Appeals understanding that the Plan- ning Board and Board of Health regard property coming under the subdivision regulations as being any property which is divided into five or more lots. Actually if these assumptions Southold Town Board of Appeals -6- January 21, 1960 are correct, the Board of Appeals.will continue to function on property which are divided into four or fewer lots. A reply confirming this understanding was requested. Mr. Charles King~ East Marion~ New York, appeare~ before the Board of Appeals for an informal discussion relative to his store on the Main Road~ East Marion. On November 12~ 19~9 Mr. King appeared before the Board of Appeals and explain- ed hisplan to reverse the existing buildings on his property; that is~ move the existing store back and attach the existing storage barn, which is presently in the rear of the property, to the front of the store. He wishes to make one building of the two existing ones. After a thorough discussion the Board agreed that if the project did not cost more than $2200 there would be no objection. At that t~eMr. King advised he would prepare an accurate sketch of the proposal and come in to the Board again in the future. At this time Mr. King presented a revised sketch of the property as it is now and also his proposed layout with the buildings consolidated. After considerable discussion and consideration~ the following was the determination of the Board of Appeals with respect to this project: Mr. King is moving an old barn from the rearto the front of the property and moving the present store back and attach- ing the the barn to the present store which will become the front of the new building. There will also be a small addition on'the east side of 15 ft. by 12 ft. However, the total square footage of the proposed new building will be 1,992 as against the old square footage of the several buildings of 2~128. The Board has agreed that the costs which come under our jurisdiction are the costs which relate to reconstruction or structural alter- ations (our interpretation of this phrase is that it applies to bearing walls). Costs relating to moving the structures, preparation of the ground, raising or lowering the structures do not come under our jurisdiction, in the o~inion of the Board. A determination made by the assessors indicates the value of the buildings on this property to be $~000~ and Mr. King is in agreement with this determination. Subsection E of Section 1007 of the Southold Town Building Zone Ordinance states that'~ non-conforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty (gO) percent of the fair value of the building, unless the use of such building is changed to a conforming use." Actually it is our interpretation that Mr. King may~ if he wishes spend up to $2000 in structural alterations as earlier interpreted in these minutes. The Board further determined that no part of the building should come closer than g feet on the west side line and 7½ feet on the east side line. S~uthold Town Board of Appeals -7- January 21, 1960 It was agreed that a copy of page 6 of these minutes be forwarded to Mr. King. On motion of Mr. Rosenberg, seconded by Mr. Bergen, and carried, it was RESOLVED that 7:30 P.M., Thursday, February $, 1960, Town Clerk Office, Main Road~ Southold, New York, be set as time and place for hearing upon application of Edward L. Purcell, a/c Richard F. Mullen, East Main Street, 8outhold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section ~08, Subsection B, for permission to erect and maintain.an additional advertising sign on the front of the Mullen Motor Sales building located on the south- east corner of Main Street and Cottage 'Place, gouthold, New york. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg, Mr.' Grigonis, and Mr. Doyen. Upon motion of Mr. Doyen, seconded by Mr. Bergen, and carried, the following public hearing will be held Thursday, February $, 1960, at the Town Clerk Office, Main Road, Southold, New York: 8:00 P.M. (E.$.T), upon the Board of Appeal~s own motion, a rehearing will be held upon Appeal No. $0, application of Albert Zanowski, Krause Road, Mattituck, New York, to annul its original order, in accordance with State of New York Town Law, Section 267, S:ubsection 6. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. Mr. Bergen, The above rehearing was brought about by the application of William Wickham, a/c Albert Eanowski, Krause Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article X, Section lO00A, for permission to divide a lot leav- ing a portion less than prescribed by the Ordinance. Location of property: East side 01d JtLle Lane, Mattituck, New York, part of lots 3 and $ on map of property of Albert Zanowski, surveyed by Otto W. Van Tuyl & Son dated January 29, 19~l and revised September 13, 19~l. Time and place was set for 8:10 P.M. (E.S.T), Thursday, February $, 1960 at the Town Clerk Office, Main Road, $outhold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. It was further RESOLVED that legal notice of hearing be published ~ the official newspaper under date of January 29, 1960. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. ~outhold Town Board of Appeals -8- January 21, 1960 Mr. Robert W. Gillispie, Jr., disqualified himself from sitting on the Board for the next appeal. PUBLIC HEARING: Appeal No. 2~1 - Upon application of Sitephenson Beach, Inc., East Marion, New York, for a variance in accordance with the Zoning 0rdinance~ Article II, Section 202, and Article III, Section 300, for permission to erect a temporary structure at Stephenson Beach, Orient, New York. Permission is also requested for recognition of access from the east in accordance with State of New York T own Law, Section 280A. Fee paid $1~.00. Mr. Rosenberg, the Acting-Chairman, opened the hearing by reading notice of disapproval issued by the Building Inspector, application for a variance, legal notice of the hearing, and affidavit attesting to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for ~ is application? · MR. ROBERT W. GILLISPIE, JR.: East Marion, New York: I think the application states the matter in full and there is nothing I can add at this time. I might add, however, that one or two telephone conversations with the proposed tenant indicates that the problem is urgent. (The Board held off the record discussion with relation to the location of the temporary building for this defense project. ) C~IRMAN: Is there anyone present who wishes to speak against this application? Are there any other questions? (There was no response.) On motion of Mr. Bergen, seconded by ~. Grigonis and carried, WHEREAS application of Stephenson Beach, Inc., having been considered at Public Hearing No. 2~1 on ~anuary 21, 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because there are limited uses available for the low-lying beach areas of the Stephenson Beach Corp., this is one of the few uses presently available. The situation is unique and would not be shared by all properties alike in the immediate vicinity because the area chosen is uniquely situated for a cable crossing and for the location of a temporary defense research project. The nearest residence is a~proximately 800 ft. away. 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 Southold Town Board of Appeals -9- January 21, 1960 be observed because the tenant has agreed to paint the proposed sectional temporary building a color which will blend well with the beach area. There will be no fumes~ undue noise or traffic congestion~ therefore be it RESOLVED, that the application be granted for the erection of a temporary structure at Stephenson Beach~ 0rient~ New York, and access is granted from the east along the former highway known as the 01d Main Road to and from 0rient~ which has recent- ly been abandoned by the Town of Southold and returned to the control of Stephenson Beach~ Inc. Vote of the Board: Ayes:~- Mr./.Bosenberg, Mr. Bergen~ Mr. Grigonis, and Mr. Doyen. The Boardof Appeals forwarded a letter to the $outhold Town Board stating that it is understood in the 1960 budget there is an item covering the purchas$ of an electric typewriter for the secretary of the Board of Appeals~ whose work also extends to the Planning Board~ the Building Inspector's Office and the Town Attorney's Office. Mrs. Boken has experimented with Remington at $$1~.00~ the large and small Smith-Carona~ and the IB~ at $$00.~0, 13" carriage~ carbon ribbon. Her experience indicates that the IBM machine is far superior for the work which she has to do, to any of the others. Con- sequently the Board of Appeals recommends the Town Board immediately proceed with the purchase of this IBM electric typewriter. It was further noted in the letter that there are two other IBM machines owned by the To~n similar to the one in question and they would all come under the same service contract presently in effect. Meeting adjourned at 10:30 P.M. Re s pe c tfully submi tte d ~ Jddith T. Boken Secretary