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HomeMy WebLinkAboutZBA-08/09/1960SouthOid Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone $0 5-25~0 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doycn~ Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS August 9~ 1960 A regular meeting of the Southold Town Board of Appeals was he. id 7:30 P.F~,: Tuesday, August 9, 1960 at the Town Clerk Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Chairman,. R~bert Bergen, Herbert Rosenberg~ and Charles Grigonis~ Jr. Also present: Mr. Howard M. Terry, Building Inspector. Absent: Mr. Serge Doyens Jr. PUBLIC HEARING: 7230 P.M.,~ Appeal No. 298 - Upon appli- cation of Joseph Deerkoskis Oregon Road, Mattituck~ New Yorks for a variance in accordance with the Zoning Ordinance, Article II~ Section 2024.. and Article X~ Section 1007, Subsection E~ for permission to reconstruct .a non--conforming building. Location of property~ south side Oregon Road, Mattituck, New York, bounded north by Oregon Road~ east by Daniel Ruthinoski,. south by Joseph Zu~oski, and west by Joseph Zuhoskl. Fee paid $15,00. Southold Town Board of Appeals -2- August 9, 1960 The Chairman opened the heazing 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 C~: Is there anyone present who wishes to speak for this application? MR. JOSEPH DEERKOSKI~..Oregon Road, Mattituck, New York: I have to have a shop and I have been renting from my brother-in-law and he needs the building and since I need a garage I would like to put 20 ft~ behind it for a shop. I would not use it all day long~, only part of the day. and I only do the work I cannot get or make up special. THE C~: Do you work alone? MR. DEEP~KOSK~: No one works in the shop but me. THE CHAIRMAN: a day? In other words it may be only for a few hours MR. DEERKOSKI: cabinets. Yes, I do mill work~ window frames, kitchen THE CHAIRMAN: Are there all farms along there? MR_ DEE~KOSKI: Yes. THE CHAIRMAN: What is the nearest house? MR. DEERKOSKI: We both live on the same property~ my brother-in-law and myself. THE CHAIRMAN: Your brother-in-law is the one who wants his building back and he is willing for you to build, this garage, and your house is on one side of the lot and his/i, ouSe inside the other line of the lot. How far from the houses do you propose to putt he garage? MR. DEERKOSKI: It will ~e about 100 feet from each house. will be about 200 feet from the road,, possibly 150 feet back~ THE CHAIRMAN: of the houses ? The garage will be inback.of the rear line Southold TownBoard of Appeals -3- August 9, 1960 MR. DEERKOSKI: About 60 ft. back of my house. 'MR. ROSENBERG: I was up there to the west house and it does not strike me that that garage is 60 ft. in back of the residence. The footing is in, and it does not strike me it is · 60 ft. in back of the residence I visited, and I do not believe it is 100 ft~ from the residences either. MR. DEERKOSKI:: It is about center between the two houses. It will be about 100 feet from the location of the old shop. THE CHAIN: This application properly shouldbe brought as a special exception under Article X~ Section 1007~ Subsection E without any reference to a variance under Article II~ Section 202. Therefore,. Mr. Deerkoski, do we have your.permission to amend this application to read as a special exception? MR. DEERKOSKI: Certainly, that is all right with me. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Resolution was offered, by Mr. Bergen~ seconded by Mr, Rosenberg~ and carried, ~ application of Joseph Deerkoski~ having been considered at Public Hearing No. 298 on August 9,. 1960, and the Board finds that 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, therefore be it RESOLVED that this application, be granted permitting Mr. Deerkoski to move his non-conforming carpenter shop from one building on his brother-in-law~s property to his own property in the rear of his garage, a distance of approximately 100 ft. This business has been established for approximately 20 years. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergent Mr. Rosenberg, and Mr. Grigonis. ' $outhold Town Board of Appeals ~4- August 9, 1960 PUBLIC HEARING: 7:45 P.M~, Appeal No. 299 - Upon appli- cation of Kurt O. Gronau, Reydon Shores, $outhold, New York~ for' a variance in accordance with the Zoning Ordinance~ Article Section 303~ and Article X~ Section 1000A, for permission to divide property into two lots. Location of property: Lots 20 through 24 inclusive, Grove drive, Reydon Shores~ Southold~ New York. Fee pa~d $15,00. The Chairman opened the hearing by reading a notice of disapproval issued by the Building Inspector, application for a variance, legal notice of hearing and affidavit attesting to its p~blic~tion in the official newsi~mper. T~EC~: Is there anyone present who wishes to speak for this application? ~ALTERKAPP, ESQ., Southold~ New York: I have a sketch I would like to make part of the record and I also have a map for the Board to look at. Parcel I is improvedt as there is already a house build thereon. Parcel I consists of lots 20~ 21 and 1/2 of 22. He bought this parcel with the idea of having his son build on it. The objection as far as the Ordinance is concerned is the frontage of 69.05 feet. There ~is pl.enty of area. There is over 13~000 sq, ft. in each one of them. Better than 75% of the frontages on most of the lots down there is under 100 ft. Mr. Gronau just wants to put up a garage at the present time but I told him to wait and get a variance first~ therefore permission is' requested to divide the property into two lots. T~E CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Parcel I o0nsists of lots 20., 21 and 1/2 of 22, what does parcel II consist of~. lots 1/2 of 22~ 23 and 24? MP~ KAPP: That is correct. THE CHAIRMAN: Are there any other questions? (There was no response.) Southold Town Board of Appeals -5- August 9~ 1960 Resolution was offered by Mr. Rosenberg~. seconded by Mr. Bergen~ and carried~ WHEREAS application of Kurt Gronau~ having been considered at Public Hearing No. 299 on August 9, 1960, and the Board finding that strict applicationof the Ordinance would produce undue hardship because applicant would be unable to either sell or build on Parcel II, because although there is sufficient area the frontage is less than 100 ft. The situation is unique and would not be shared by all properties alike in the immediate vicinity because practically all of the lots in Reydon Shores were improved prior to the enactment of the Ordinance. The public co~ven~nce 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 most of the lots in Reydon Shores have road frontages of less than 100 ft., therefore be it RESOLVED that this application'be granted as applied for. Parcel I:- Lots 20, 21, and % of 22. Siz~ 69.05 frontage on Grove drive~ rear 99.0 ftys. depth 154.75 ft. and 164.59 ft. Parcel Iix- Lots ½ of 22, 23, and 24. Sizes approxiSately 121.4 frontage~ rear 136.1 ft.~. depth 154,75 and 175 ft. approx. on Reydon Drive. Vote of the Boards Ayes~- Mr. Gillispie, Mr. Bergen,. Mr. Rosenberg~ and Mr. Grigonis. PUBLIC ~%RING: 8200 P.M.~ Appeal No, 297 - Upon appli- cation of Charles & Florence Ziegler~ Bay Avenue~ East Marion~ New York, for a special exception in accord_ance with the Zoning Ordinance, Article IIIA, Section 360~ Subsection 2~ for permission to erect and maintain an advertising sign on the property of Charles and Florence Ziegler,. Bay Avenue, East Marion~ New York~ bounded north by W. W. Washburn, east by Krancher, south by Marion L~e~ and west by. W. W. Wash_burn. Fee paid $15.00. The Chairman opened the hearing by reading notice of dis- approval issued by the Building Inspector~ application for a special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. Southold Town Board of Appeals -6- August .9~ 1960 T~E CHA~: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is that the sign they have up there now? MR. HOWARD TERRY~ Building Inspector: Yes, they want to move it up closer to the street than it is and illumir~te TEE CHAIRMAN: Mrs. Ziegler~ the sign you have there now is on a couple of posts? MRS~ ZIEGLER: Yes~ we would like to leave it where it is. The pole that it is attached to is our service pole. The sign is directly over the property line~ possibly half and half. THE C~A~q: How long has the sign been up? M1LR. ZIEC~I~RR: About five weeks. TME CHAIRMAN: We cannot grant you permission for a sign to be on Town prOperty. All we can consider here is whether or not to permit you to place a sign closer to the property line than the Ordinance permits. The Ordinance requires 5 ft. back from the property line MR. TERi{Y: This sign is about 2 ft. over the property line. T~E CHAIRMAN: We could only permit the sign to be located up to the property line~ to have a sign in the street is a violation of the Penal Law. (~here was considerabl-e discussion about other locations for the sign, but Mr. and Mrs. Ziegler felt that the present location would be the best, although they would like it over the line which the Board would not~. and could not grant.) Resolution was offered by Mr. Grigonis~ seconded by Mr, Bergen~ and carried, W/qEREAS application of Charles & Florence Ziegler having been considered at Public Hearing No. 297 on August 9, 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 and adjacent use districts SouthO!d Town Board of Appeals -7- August 9, 1960 would not be substantially or permanently injured and the spirit of the Ordinance would be observed~ therefore be it RESOLVED that this application be granted permitting the erection of a 3 ft~ by 4 ft. double faced illuminated sign~ to be located up to the front property line, approximately 150 feet south of the north property line. No part of this sign shall eXtend over the property line. Wording on the sign to be: "Cozee Cove Cottages~.week-month-season, C.O. Ziegler~ Greenport 7-822." Lower Edge of sign to be no less than 3 ft. above the ground level, upper edge no higher than 15 ft~ 6 in. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. PUBLIC HEARING: 8:15 P.M. (E.D.S.T.)~ upon application of Robert Preston,. Middleton Road~ Greenport, New York~ a/c William Ubbins, for recognition of access in accordance with State of New York Town Law, Section 280A~ Locationof property: private right-of-waya off south side Main R~ d, Greenport, New York, bounded north by Robert H. Preston & ors,~, east by Gull Pond~ south by Robert H. Preston & ors.~ and west by Private right-of-way. No fee necessary for access. The Chairman opened the hearing by reading notice of dis- approval issued by the Build/ng Inspector, application for recognition of access,legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wi~hes to speak for this application? MR. PRESTON~ Greenport~ New York: I speak for Mr. ~bbens. I have here a map of the property which is the Preliminary Plat of "Fordham Acres" at Greenport. We are in the process now of filing with the Planning Board for a subdivision'. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -8- August 9~ 1960 Resolution was offered by Mr. Gillispie~seconded hymn. Bergen,~ and carried, WHEREA~ application of Robert Preston, a/cWilliamUbbens, having been considered at Public Hearing No. 301 on August 9~ 1960~ and the Boar~ finding that strict application of the Ordinance would produce undue hardship because applicant will be unable 'to secure a building permit to erect a residence on this property without securing the requested variance. The situation is unique and would not be shared by A1 properties alike in .the immediate vicinity of this property because this is the first lot to be developed in this proposed subd~ ision at the present time and this is the only usable roadway to the lot in question. The public convenience and welfare and justice will be servedand the legally established or~ermitted 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 proposed Use will be residential in keep- lng with the use district and will in no way harm or change the character of the district, therefore be it RESOLVED' that this application for recognition of access be granted as applied for, It is the opinion of the Board of' Appeals that granting this action will not conflict with future roads as planned on the subdivision of "Fordham Acres" at Greenport as shown on the preliminary plat prepared by Otto W- Van Tuyl & Son. Vote of the Board: Ayes~- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. on motion of Mr. Grigonis~. seconded by Mr. Bergen, and carried~ the Bcard of Appeals set 7:30 P.M. (E.D.S.T~), Thursday~ August 25~ 1960, Town Clerk Office~. Main Road, Southold, New York, as time a~place for hearing upon application of Marjorie S. Wickham, Bungalow Lane, Mattituck~ New Yorkm for a variance in accordance with the Zoning Ordinance~ Article III~_ Section 303, for permission to. divide property into two single lots. Location of property: north side Center Street~ Mattituck, New york, bounded north by other land of Marjorie S. Wickham,. and T. J. Fisher, east by Nelle P0 Bender and others, south by Center Street, and west by Russell D. Tuthill. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals -9- August 9, 1960 It was further RESOLVED that legal notice of the hearing be published in the official newspaper under date of August 18, 1960. Vote of the Board: Ayes:- Mr. Willispie, Mr. Bergenl Mr. Roserzberg, and Fzr. Grigonis. The minutes of the meeting of July 28~ 1960~ on motion of Mr. Rosenberg, seconded by Mr. Grigonis~ and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie~. Mr. Bergen, Mr. Rosenberg~ and Mr. G rigonis. The minutes of the meeting of Aught 4~ 1960, on motion of Mr. Bergenl seco. nded by Mr. Rosenberg~ and carried~ were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis, The next meeting of the Southold Town Board of Appeals will' be held 7:30 P.M., Thursday~ August 18, 1960 at the Town Clerk Offic.e~ Main Road, Southold~ New York. Meeting adjourned at 9:45 P.M~ Respectfully submitted.,