Loading...
HomeMy WebLinkAboutZBA-07/07/1960Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-~6~0 APPEAL BOARD MEMBERS Robert ~'. Gillispie, Jr., Chairman Robert Bergen Herbert RosenberB Charles GreBonis, ,Jr. Ser~e Doyen, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS July 7, 1960 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M~ Thursday~ July 7, 1960 at the Town Clerk Office, Main Road, Southold,. New York. There were present: Messrs. Robert W, Gillispie, Jr., Chairman, Robert Bergen and Herbert Rosenberg. Also present: Mr. How~d M. Terry~.. Building Inspector. Absent: Jr. Messrs. Charles Grigonis, Jr-~ and Serge Doyen, PUBLIC HEARING: 7:30 P.M. (E.D.S,T.),. Appeal No. 286 - Upon application of William Wells,. Gin Lane,. Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 307 for permission 'to reduce side yard setbacks on Lot. No. 55~ Bay Have$,Southold, NeW York. Fee paid $15.00. The Chairman opened the hearing by reading application for a variance~ legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice of disapproval issued by the Building Inspector. $outhold Town Board of Appeals -2- July 7, 1960 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WALTER KAPP, ESQ.~ Southold~ New York: I think the appli- cation speaks for itself. Howevers. I would like to make part of the record the filed map of Bay Haven at Southold. This is the only lot in the development where the frontage is less than 99 feet and many are 100 and over 100. This one had to be cut off in order to get the other lot in there. The house could not be located too far ~own the lot as there is a gradual slope and it drops off down to the beach. The logical place for the house is about 40 or 50 ft. from Watersedge Way. Right now there is 44 ft. from the existing house on the west to the property line, THE CHAIRMAN: What about on the east side? MR. KAPP: Presently there is not another house there. T~E CHAIRMAN: What would the final side yards be? MR. KAPP: Actually they will probably be 10 fee~6n each side but as you k~ow most houses involve mortgages and if the side yards are not as stated then it will give us trouble with the bank. MR. WILLIAM WELLS: There are also angles there. If the house is angled with the Bay then it may go off 6 in. or 8 in. (The Board discussed the layout of the filed map with Mro Kapp and Mr. Wells.) Resolution was offered byMr. Bergen~ seconded by Mr. Rosenberg~ and carried~.~WHEREAS application of WilliamWells~ having been considered at Public Hearing No. 286 on July 7, 1960~. and the Board finding that strict application of the Ordinance will produce undue hardship because the topography of this lot and the location of other structures in the area ma~e it necessary to loeate the house .near the front of the lot where the width is only 78 ft. The situation is unique and would not be share~ by all prq~rties alike in the immediate vicinity because all other lots in the development have at least 99 ft. frontage or better. 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 Southold Town Board of Appeals -3- July 7~. 1960 and the spirit of the Ordinance would be observed because the side yards will be adequate and be in keeping with th.e existing structures~ therefore be it RESOLVED that this application be granted as applied for,~ permitting side yards of 9 ft. on each side of the house to be .erected on Lot No. 55~ Bay Haven at Southold. Vote of the Board~ RoseD_berg. Ayes:-Mr. Gillispie, Mr, Bergen,. Mr. PUBLIC HEARING: 7:45 P.F~ (E.D~S.T.), Appeal No, 288 - Upon application of Fanning & Housner, 209 Fishel Avenue, Riverhead~ New York~ for a variance in accordance with the Zoning' Ordinance~ Article IV, Section 404~ and Section 405~. for permission to reduce front yard setback requirement for use as commercial display area. Location of property: North by now or formerly of Gagen~ east by now or formerly of Gagen, south by Middle Road '{Route 27A), and · west by Railroad or Youngs Avenue, Southold, New York. Fee paid $15.00. 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 C~~ Is there anyone present who%lshes to speak for this application? ISADORE SCHEIKBERG, ESQ.~ 220 Roanoke Avenue, Riverhead, New York, of Scheinberg~ Wolf, Lapham and DePetris: I was going to have Mr. and Mrs, Housner with me tonight but Mr. Housner took ill. This property has a limited use and it has. been vacant for quite some time. When Mr. Housner gave up the machinery business and stopped using the building it was because of ill health and he put it on -the market and it was quite some time before anybody even nibbled at it. TRE CHAIRMAN: Mr. Housner conducted the business there for how many years? Southold Town Board of Appeals -4- July 7, 1960 MR, SCHEINBERG: good many years. I do not know how many years~ but a THE C~: Didn't Mr. Kaelin run the business for a while ? MR~ SCHEINBERG: Fir. Kaelin was employed there. At one time he was offered the business but Mr. Kaelin did not wish to take over 'the operatiom at that location~, as it was too big for him. Mr. Housner had difficulty enough because of the character of the building and the property and then along came the Zoning Ordinance.. Finally when he had a nibble last May it was turned down and then no sale. Then he made this lease this past spring with Crabtree and O~Keefe and then he was granted what you thought he wanted,, but it was not what he wanted. Now it is no longer a lease. We were forced to file another appeal~ now we are seeking a differentf remedy, a variance, The objective is not to make this property useless,, but to make it useful. It was called to my attention that every business that sells automobiles~'new or used or both, park the cars up to the property line. There is Coke Bros. on the west side Youngs Avenue, new and usedcars~ Sayre~ north side Main Road, new and used cars~ Mullen Motors,~ corner of Cottage Place and Main Street~ new and used cars; Ulrich Marine, boats, south side Route 25~ Benny Volinski~ used cars, south side Route 25, he runs a business between two homes; Vail Bros.~ new and used cars. With all of these busines~there is no such thing as a buffer. On our property on the Middle Road there is a 30 ft. buffer. Even the Town of Southold municipal ~arking field parks cars right up to the sidewalk; Bohack is the same. THE CHAIRMAN: Of course.you are familiar with the platitude that Zoning cannot change things~ it can only keep them from becoming worse, MR, SCHEISIBERG: I am just saying that I do not know any business in Southold that has a buffer. The type of business we would like to run requires the parking of cars up to the property line~ Southold Town Board of A~eals -5- July 7, 1960 M~. ROSENBERG: Mr, Scheinberg~ you are slightly mis- informed. These places you speak of~ they are not required to be back 25 ft. Where property is built up right to the line they are not required to be 25 ft. back. They follow the prevailing building line. Everyone, that is, except Ulrich. He does not have a right to park boats in his front yard.' If he does, he is in violation. All others are in an area ~here they may loca~e up to the property line, However,_ that has nothing to do with this case. MP~ SCHEINBERG: In trying to enforce the 25 ft. setback here is entirely unsatisfactory. Even if the County adds an additional lane of 12 ft. you still have a buffer. THE C~AIRMAN: About a year ago we had a rash on appli- cations for gas stations on that particular strip of highway and we went into it pretty throughly at that time as to the desirability of a whole string of gas stations and the location or frequency, We even called a meeting with the Planning Board and discussed the matter of a State route down to the blinker light in Greenport. Thenat that time we could not find out where the road would go, probably to the north and that was one of the reasons we turned down Giovanelli and Schultz. The reason for the additional conditions was that it was highly probable you would want to go all the way out to the line so we called attention to the specific restrictions so there would be no misunderstanding. These requirements are in the Ordinance. The first four conditions are applied to all gas stations that have permits granted. The 25 ft, setback is just what is in the Ordinance. MR. SC~EINBERG: That was what put us out of business. THE C~:A special exception is not the place to change the Ordinance. We thought the previous special exception meet the requirements of the Ordinance and that is the reason we granted it, HR. SCHE//~BERG: I agree completely with what you have stated about special exceptions and the power of your Board. But you took it upon yourself ~o beyond your duty and make decisions in the action by Hall/a%tention to Fanning & Housner and Crabtree and 'O'Keefe that the 25 ft. setback is necessary for reason of the provision of the Ordinance. Had you not done Southold Town Board of Appeals -6- July 7~ 1960 so~ had you not put it in there we would not have lost the lease. T~E CHAIRMAN: One of the reasons we put it in there was because there is the residence there. MR. SCHEINBERG: piece of property. That is our residence,~ it is a solid THE CHAIRMAN: And we are concerned with the use of the land, MR. SCHEINBERG: If you had left out the 25 ft. then we would have taken on the lease and then steps would have to be taken to stop them from using the 25 ft. On ~ailroad Avenue you gave. a 100 ft. setback. Ail we want is an opportunity to park two or three cars north of the driveway. T~ CHAIRMAN: I do not believe we had any objection to that at the time, nor do we object now, MR. ROSE~IBERG: You are just not allowed to put any cars in the area I have marked off on this sketch, If an 18 ft. driveway is maintained beside the house then you will have 28 ft. in which to park cars to the north WeSt corner of the building. I have a spent a great deal of time on this map and I believe it is quite accurate. On the matter of the front yard on Middle Road,. I suggest that instead of 25 ft., you draw a line from the southwest corner of the building across the front of the property line 5 feet back. That County road is going to be a State road in the near future and there will be a traffic circle there. There has to be a buffer between this property and the County or State road. MR. SCHEINBERG: I also spoke to Mr. O~Keefe about a 5 or 10 ft. setback but he is not willing unless there is no setback at all. They must park right up to the property line for this type of business. ~R. ROSENBERG: For your information,~ there is in existence a permit for a service Station to the east and there is presently Southold Town Board of Appeals -7- July 7, 1960 a business building there to the eas~ Every property in the immediate neighborhood has been set back in accordance with the Zoning Ordinance. Ail new uses, of course~ follow the Ordinance, It should be pointed out, that if we grant this variance it will be contingent on the use of the property by Crabtree and O~Keefe belcause of the business they conduct. MR. SCPREINBERG: How do you propose to tie this in with Crabtree and O'Keefe ? We are asking for the variance so that we may possibly ~ring Crabtree and O'Keefe back into the picture, but suppose someone els~ere to decide to lease the property? THE CHAIRMAN: A lot of emphasis was given to the type of business Crabtree and O'Keefe conduct and that is one of the points we granted the original special exception on. We will put in the action that this variance is granted for the use of.this property byCrabtree and O[Keefe Chevrolet Company who joined in the application with Fanning and Housner for a special exception for the use of this property for public garage purposes. MR. ROSENBERG: If someone else wants to use the property you will have to come back here, Resolution was offered by Mr. G~llispie, seconded by Mr. Rosenberg~ and carried~. WHEREAS application of Fanning & Housner having been considered at Public Hearing No. 288 on July 7, 1960 and the Board finding that the public convenience and welfare and justice will be served and the legally established or permitted us~-'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 EESOLVED that this variance be granted with the provision that no cars be parked~ exhibited or stored for commercial purposes on the westerly side of the existing business building except on the unoccupied 28 foot side yard of the main building and not closer than 10 faet to the existing dwelling and not closer than 10 feet to the Railroad Avenue property line. On Middle Road~ otherwise known as Route 27A~ no cars to be parked~ exh/bited or stored for commercial purposes no closer than 5 feet from the property line on the front yard along the entire 244.85 feet of the premises. $outhold Town Board of Appeals -8- July 7,. 1960' This variance is granted for the duration of the present leasegranted Crabtree-O~Keefe Chevrolet Company who joined'in the application for permissive use of this property for public garage purposes. Vote of the Board: Ayes:- Mr. Gillispie~. Mr. Bergen,. Mr. Rosneberg. The minutes of. the meeting of June 23' 1960, on motion of Mr, Bergen, seconded by Mr. Rosenberg, and carried, were approved as submitted- Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen,. and Mr. Rosenberg. The next meeting of the Southold Town Board of Appeals will be held-7:30 P.M.~ Thursday~ July 21, 1960 at the Town Clerk Office, Main Road~ Southold~_ New York. On motion of Mr. Rosenberg~ seconded byMr. Bergen, and carried, it was RESOLVED that 7:30 P.M.~ thursday~'July 21,1960, Town Clerk Office, MainRoad~ Southold~_ New York, be set as time and place for hearing upon application of Veronica and Albert Frohne~ Sllvermere Road, Greenport~ New York~ for a special exception in accordance with the Zoning Ordinance,~ Article Section 300, Subsection 11, for permission to erect and maintain a directional sign on the property of Nassau Brick ComPany~ Greenport, New York~ Property bounded north byMainRoad~ east by Donald Roach, snuth by Railroad, and west by George Telles. Vote of the Board~ Ayes~- Mr. Gillispie, Fir. Bergen, and Mr. Rosenberg. Eesolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, and carried setting 7:45 P,M~, Thursday~ July 21, 1960~ Town Clerk Office~ Main Road~ Southold~. New York,. as time and place for hearing upon application of Raymond and Betty Brown, 535 Riverleigh Avenue~ Riverhead~ New York, for recognition of access in accordance with State of New York Town Law~ Section 280A,.. Subsection 3. Location of property~ Private road~ off west side Grand Avenue~ Mattituck~. New York, bounded Southold Town Board of Appeals -9- July 7~ 1960 north by E. V. Fox~.. east by E, V, Fox, south by E. J. B.lack, and west by Mattituck Creek. Vote of the Boards Ayes:- Mr. Gillispie,. Mr. Bergen, and Mr. Rosenberg, On motion of Mr, Ros~berg~I seconded by Mr. Bergen,. and carried, 8~00 p.m. (E.D.S.T,), Thursday, July 21, 1960, Town Clerk Office~. Main Road~ Southold~ New York, was set as time and place for hearing upon application of Louis Mo Demarest~. Main Road, Orient, New York~ for recognition of access in aCcord- ance with SRate of New York Town Law, Section 280A, subsection 3,~ LOcation of property, Private right-of-way off north side Main Road~ Orient, New York~ bounded north, east~., south and west by HarriSon Demarest~. Sr. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,. and Mr. Rosenberg. Resolution was offered by Mr. ~ergen, seconded by Mr. Rosenberg, and carried~ setting time and place as 8:30 (E.D.S.T.), Thursday~_ July 21~ 1960, Town Clerk Office~_ Main Road~ Southold~ New York,. for hearing upon application of Thomas Molin,- a/c Sunset Motel, North Road, Greenport, NeW York, for a special exception in accordance with the Zoning Ordinance~. Article III~. Section 300~.. Subsection 11,. for permission to erect and maintain a directbnal sign on the property of Valentine Ruch, IV,' North Road (Route 27A)~ Greenport, New York. Property bounded north by North Road, east by V. Poliwoda, south by J. Cassidy~ and west by Private Road, Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr, Rosenberg. It was further RESOLVED that the legal notice of hearings be published .in the official newspaper under date of July 14, 1960. Vote of the Board: Ayes:- Mr. Gillispie,~ Mr. Bergen~ and Mr. Rosenberg. Mr. Terry advised the Board of Appeals that Mrs. Manuel. Gloria had telephoned and advised that Flint Street~.. Greenport has been cleared all the way through and sh~ would like someone from the Board to inspect it. Mr. Rosenberg stated he would look at the road before the next meeting. Southold Town Board of Appeals -10- July 7, 1960 Mr. H~ard Terry~. Building Inspector,. read to the Board of Appeals his report on his attendance at the Annual Meeting of the Conference of Mayors and other ~unicipal Officials and the Annual Meeting of the New York State Buildin~.Officials Conference at Rochester. Meeting adjourned at 10:20 P-M. Respectfully submitted~ Judith T. Boken Secretary