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HomeMy WebLinkAboutZBA-11/10/1960 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Ser~3e Doyen~ Jr. Southold Town Board of 4ppeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 SOUTHOLD TOWN BOARD OF APPEALS November 10, 1960 A regular meeting of the SOuthold Town Board of Appeals was held 7:30 P,M., Thursday, November 10, 1960 at the Town .Clerk Office, Main Road, Southold, New York. There were present: Messrs. RobertW. Gillispie, Jr., Chairman, RobertBergen, HerbertRosenberg, and Charl~es Grigonis, Jr. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 325 - 7:30 P.M. (E.S,T.), upon application of John F. McNulty and others, Main Road, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article X, Section 1000A, for permission to divide property leaving an area with less than r4quired frontage. Location of property: north side Soundview Avenue, Mattituck, New York, bounded north by Sound, east by Kohler Betts, south by Soundview Avenue, and west by McNultyEstate. Fee paid $15.00. Southold Town Board of Appeals -2- .November 10, 1960 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 attesting to its publication in the official newspaper. THECHAIRMAN: I think that we have discussed this problem with the applicants on two other occasions and that we referred them t© the Town Counsel with respect to his opinion on whether or not this application could possibly be granted bythe Board of Appea~ and it was Mr. Tasker's opinion that it could. I will now be glad to hear from anyone who wishes to speak in favor'of this application. MR. JOHN F. McNULTY, Main Road, Laurel, New York: I have nothing to add to the statements in the application. I will b.e happy to answer any questions you may have. THE CHAIRMAN: Is there anyone present, who wishes to speak against this application? (There was no response.) THE CHAIRMAN: ask ? Are there any questions anyone would like to MR. ROSENBERG: Mr. McNulty, you understand that no structure is to be erected on this parcellwithin the next 25 years? MR. McNULTY: Yes. THE CHAIRMAN: If the property across the street is sold you intend to-let the owners use the beach? MR. McNULTY: Yes. THE CHAIRMAN: Shouldn'ta copy of this action, assuming that it is granted, be in the possession of the person who proposes to buythe 100 ft. lot because the Ordinance prevents anyone from selling the 100 ft. lot and also selling the under- sized portion? MR. McNULTY: I will furnish, the purchaser with a copy. Southold Town Board of Appeals -3- November 10, 1960 Resolution was offered by Mr..Bergen,' seconded by Mr. Rosenberg~ and carried,'WHEREASapplicationof John F. McNulty and others, having been considered at Public Hearing No. 325 on November t0, 1960, and the Board finding that strict appli- ~cation of the ordinance would produce undue hardship because applicant's property to the south will lose its potential value as summer building sites if ~ccess to the beach and Long Island Sound is unavailable. The hardship created is unique and is not shared byall properties alik-e in the immediate vicinity of this property and in this use district because applicant owns a 27 acre parcel to the south and wish to retain'the'strip of land leading to th-e Sound as a means of access to the beach. This property has been owned by the McNulty family for 100 years. The Variance would observe the spirit .of the Ordinance andwo~d not'change the character of the district because applican~/n~%end to erect a structure on this property but intend to use it as a means of ingress to and egress from Long Island Sound; therefore be it RESOLVED. that John F. McNulty and othrs be granted permission to divide.property leaving 46 ft. on Long. Island Sound and 30 ft. onSoundview Avenue, butprohibiting the erection.of any structure on this parcel of land within a period of 25 years. Vote of the Board: Ayes=- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The minutes of the meeting of November 7, 1960, on motion of Mr. Rosenberg, seconded by Mr.. Bergen, and carried were approved as submitted. Vote.of the Board= Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC 5IEARING: Appeal No. 3.24 - Upon application, of Greenport Sea Products, Inc., Shipyard Lane, EaSt Marion, New York, for a variance in accordance with the Zoning.Ordinance, Article V, Section 503, for permission to red~ce front yard setback~ Location of property~ east side Shipyard Lane, East Marion, New York~ bounded north, by Czereporwich, east by E. H. King, south by Bay, and west. by Shipyard Lane. Fee paid $15.00. Southold Town Board of Appeals November 10, 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 publication in the official newspaper. THE CHAIRMAN: Is thez~anyone present who wishes to speak for this application? Mr. Edward Mulhall, Manager of Greenport Sea Products introduced to the Board of Appeals Messrs. Eddie Rossi,~ Field Engineer, Don Richi,.. Accountant~ and Pearlstein, an associate of the business. Mr. Mulhall stated that the six tanks in front of the ~uilding will be 4 15,000 gal~ and ~ 10,000 gal. Two will hold fish oil~ two wilt hol.d fuel oil and two for solvent and each will be 10 ft. in diameter and 26 ft. long. He stated that by placing them in front of the building they wouldbe very handy for trucks to make deliveries in the winter time and pick up, and also due to the nature of the operation the tanks are placed in the only logical place. The tanks will be painted and the area landscaped with cedar trees and the grass around the build- lng is always taken care of right up to the Town road. Mr. Mulhall repeated what Mr. Nelson, Assistant Secretary of the company had told members .of the Board of Appeals; that they will continue the buLkheading up to the property line and that they welcomed the use by the public of their private beach and it would not interfere with the company activities. The purpose of the plant is to make fish flour, The pilot plant is in New Bedford~ Massachusetts. This plant in East Marion will be set ,up to handle 100 tons a day.~ Mr. Mulhall went into the step by step process of the plant and how they intend to secure the fish and transport the finished product. THE C~: Are there any other questions anyone would like to ask? MR. ROSENBERG: I discussed with Mr. Nelson the fact that the public had been using your beach. One of the principal objections is that this is one of the only two beaches for launching boats and access to the water in East Marion and in the past you had allowed them to use this beach, will you allow them to continue that? Southold Town Board of Appeals -5- November 10~ 1960 MR. MULHAI~:' Yes~ we will. MR. RosENB~G: You understand that future things on that street must be 30 ft., which is the setback in an Industrial District, or another variance must be sought. Everything is 30 ft. there except by special grant, MR. MU~.MA?.T.: I understand. MR. ROSENBERG: When were these tanks placed? MR. ROSSI: In the beginning of october. October 3rd they were moved in. MR. ROSENBERG: When you made application on the 27th these had been installed. Did you have any assurance from anyone that it would be alright to do this? MR. MUHLHALL: No, we did not evenknow anything about it~ we just put them in. THE CHAIRMAN: Who is your attorney? MR. MULHALL: Henry Prosner,~ an attorney from New York City. MR. ROSENBERGz Before this building was erected you brought a lot of machinery in and you had to deal with the Building Department. At the time you put the machine ry in there you began th erection of the buildings., at that time you secured a building permit for this buildings, is that correct? MR. MT..TZzH~T.T.: Yes. MR. ROSENBERG: You did have transactions with the Building Department at that time? MR. M~xHALL: Yes, Mr. Terry came down quite often. MR. ROSENBERG: On .October 27th the Inspector came down and you did not know anything at all until the Inspector came down and said the tanks were too close to the road? MR. ~~ That is right. THE CHAIRMAN: I think the Board feels that since you~0pe to landscape these tanks and hide them with shrulkbery that you Southold Town Board of Appeals --6.-- November 10~ 1960 do that as soon as possible. MR. ~: We will. The tanks are placed as close to the ground as possible and the top will be 12 ft. from the ground level° THE CHAIRMAN: Are there any other questions anyone would like to ask? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response,) Resolution was offered by Mr. Gillispie~.~ seconded by Mr. RoseD_berg~ and carried, WHEREAS application of Greenport Sea Products, Inc., having been considered at Public Hearing No. 324. on November 10~ 1960, and the Board f~inding strict appli- cation of the Ordinance would produce undue hardship because due to the type of operation,, the tanks being located at the end of the processing system, this is the only logical location. The hardship created is unique and is not shared by all pr.operties alike in the immediate vicinity of this property and in the same use district because this is the only industrial district in the area and it is located at a street end. The variance would observe the spirit of the Ordinance and would not change the character of the district because this entire operation has been industrial since 1939 and it is intended tO be' continued as same. ~he area is attractively landscaped-and applicant intends to landscape the tanks as well; therefore be it RESOLVED that Greenpert Sea Products~ Inc. be granted permission to reduce front yard setback to 12 ft. for the purpose of erecting storage tanks. The Board of Appeals has visited the plant and has carefully considered the situation and due to the mechanical operation the tanks could not be practically located in any other position. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals -7- November 10~ 1960 On motion of Mr. Grigonis, seconded by Mr. Bergen,.. and carried~, the Board of Appeals set 7:30 P.M. ~, Thursday, December 1, 1960, Townf~erk Office, Main Road, Southold~_ New York~ as" time and place for hearing upon application of Frank E. Horn~. Island View Lane, Greenport~_ New York~ for a variance in accord- ance with the Zoning Ordinance, Article III~,. Section 303, for permission to reduce frontage and sell as a single lot, property located on the south side of Island View Lane, Greenport, New York, bounded north by Island View Lane, east, south and west by other land of Frank E. Horn. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg, and Mr. Grigonis. It was further RESOLVED that legal notice of hearing be published in the official newspaper under date of November 23, 1960. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg~ and Mr. ~rigonis, The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, November 17, 1960 at the Town Clerk Office, Main Road~. Southold~ New York.. Meeting adjonrned at 9:30 P.M. Respectfully submitted, ~~~ Secretary