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HomeMy WebLinkAboutZBA-06/22/1961Southold Town Board of Appeals 8OUTHOLD, L. I., N. Y. Telephone SO 5-~6d0 APPEAL BOARD MEMBERS Robert W. Gillispi¢, Jr., Chairmen Robert Bergen Herbert Rosenberg Charles Grcgonis, Jr. Serge Doyen, MINUTES SOUTHOLD TOWN BOARD OF APPEALS June 22, 1961 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, June 22, 1961, at the Town Clerk Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr., Chaizman, Robert Bergen, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr., and Serge Doyen, Jr. Also i~esent: Mr. Howard Terry, Building Inspector. PUBLIC HEARING: Appeal No. 388 - 7:30 P.M. (E.D.S.T.), upon application of Germain & Tedesco, New Suffolk Avenue and Fifth Street, New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain directional sign on the property of A. H. W. Boutcher Estate, Route 25 and private road, Mattituck, New York. Property bounded north by Reeve Bros., east by Creek, south by Gutter, and west by Main Road. Fee paid $15.00 Southold Town Board of Appeals -2- June 22, 1961 The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper and letter of per- mission from the property owner. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOSEPH S. TEDESCO, New Suffolk Avenue and Fifth Street, New Suffolk, New York: I speak for the application. THE CHAIRMAN: MR. TEDESCO: THE CHAIRMAN: MR. TEDESCO: Do you have any other signs, Mr. Tedesco? No. Were you in business before this year? We took title the day before Labor Day last year. This is the old Faning house. THE CHAIRMAN: The wording is ~ithin the permitted information for a directional sign. Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: The property where this sign is to be located is in the "B" Business District? MI{. TEDESCO: Yes, it is. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property will not be substantially or perm- anently injured and the spirit of the Ordinance will be observed, therefore On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Germain & ~edesco, New Suffolk Avenue and Fifth Street, New Suffolk, New York, be granted permission to erect and maintain directional sign on the property of A. ~. W. Boutcher, Southold Town Board of Appeals -3- June 22, 1961 Route 25 and private road, Mattituck, New York. Sign size shall not exceed 50 sq. ft. in area and exterior dimensions shall be no greater than 6 ft. 6 in. in height by 12 ft. 6 in. in width, and lower edge at least 4 ft. above ground level. Sign to be located at least 5 ft. from any property line. Wording to be: "Next right turn for Peconic House, Tourist House, New Suffolk." Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: Appeal No. 373 - 7:45 P.M. (E.D.S.T.~, upon application of George L. Penny, III, a/c James Mulvihill, Sound Avenus, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1007, Subsection (e), for permission to replace two small camp buildings at Camp Momoweta with one building of equivalent size. Location of prop- erty: south side Sound Avenue, Mattituck, bounded north by Laurel Lake, east by William unkelbach, south by Cecil Young, and west by Thomas Buchak. Fee paid $15.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? JOHN McNULTY ESQ., Laurel, New York: I appear on behalf of Mr. James Mulvihill. First we shall resolve the problem as pertains to the Board of Health. I present to the Board a copy of the annual Board of Health permit which expires Becember 31, 1961, issued to James Mulvihill on June 14, 1961, permitting him to operate Camp Momoweta and issued by David E. Overton, Commissioner of Health, Riverhead. Mr. Mulvhill has been operating this camp the past 13 years, this will be the 14th season. This camp has always been in compliance with the law as far as he knew. Mr. Mulvihill is a non-resident of the State of New York, he resides in New Jersey, and he is only here until the end of the season. When this arose last year he found he had erected a building without a permit and a special exception was granted. The Board foundeverything in order Southold Town Board of Appeals -4- June 22, 1961 as far as the public convenience and welfare and justice, etc. was concerned. During the spring of this year Mr. Mulvihill contacted George L. Penny, III, one of the largest building material suppliers in Southold Town, and asked him to make application for the erection and tearing down and asked him to obtain the necessary building permits from the Board. Mr. Mulvihill was not conversant with the various provisions of the Board and he placed it in Mr. Penny's hands. Mr. Penny applied April 11, 1961 and the application for building permit was not dated until May 2nd. The special exception was dated May 15th. Before act- ing on the application for a special exception the Board investigated and found that th~ building had been erected and others torn down without permission. I feel that in this case it was not the owner who was wrong, it was the builder or supplier who should have known better. They are engaged from day to day and they know the forms and functions and the Ordinance provides that the builder and contractor who knowingly violates are guilty and I ask that the Board not punish Mr. Mulvihill. I believe a special exception should be granted to Mr. Mulvihill. He was not here and did not know the building was going up and he has been brought before the local Justice of the Peace and I believe he has been punished substantially. (Mr. McNulty went into the question of the Tourist Camp Ordinance requirement of the Town of $outhold which does not pertain to the hearing before the Board at this time.) MR. McNULTY: Mr. Mulvihill is here tonight to answer any questions you may have pertaining to this application. THE CHAIRMAN: Do I understand that this plot plan in the file is the plan of the camp as it is now2 MR. McNLrLTY: Yes, it believe it is. However, I have here a detail of Camp Momoweta drawn by O. Taray on June 13, 1961 and as the camp appears today. This special exception pertains to building ~5 on the sketch. MR. ROSENBERG: The building that you are putting up now will not be included in the Town Ordinance for this camp. Technically it does not have anything to do with the camp as it has more than 350 sq. ft. Southold Town Board of Appeals -5- June 22, 1961 MR. McNULTY: It would have the affect that if the camp were not run properly and the other buildings were not permitted to be used, then the building would not be able to be used. THE CHAIRMAN: Are there any other questions on this camp? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) The Board of Appeals finds that this special exception appli- cation is to replace two small cabins accomodating six children in each by one large cabin with ten bunks and to be placed at least 33 ft. from any other structure. This children's camp has been in ownership operation for about thirteen years and according to our investigation has been properly managed. A Board of Health permit for 1961 has been issued. Ail of the childrens camps in this area are non-conforming. Due to a combination of absentee ownership and negligent builder, construction was commenced without the usual building permit. As a result of visits and investigations the Board determined that there would be unnecessary hardship in carrying out the strbt letter of the provisions of the Zoning Ordinance and that by per- mitting the replacement of the old cabins substantial justice would be promoted both to the property owner and to the public interest and would be in harmony with the general purpose and intent and spirit of the Zoning Ordinance, therefore On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that George L. Penny, III, a/c James Mulvihill be granted permission to replace two small cabins with building $5 of 420 sq. ft., 14 ft. by 30 ft., as shown on "Detail of Camp Momoweta" by O. Taray, dated June 13, 1961. This building is located 33.8 ft. from building $6 and 35.2 ft. from building $4. $outhold Town Board of Appeals -6- June 22, 1961 This application is granted provided all local ordinances, rules and regulations are complied with. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On motion of Mr. Bergen, seconded by Mr. Rosenberg, the Board set 7:30 P.M., Thursday, July 6, 1961, Town Clerk Office, Main Road, ~uthold, New York, as time and place for hearing upon appl~ation of Florence Ziegler, Bay Avenue, East Marion, 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 directional sign on the property of Joseph and Sophie cherepowich, corner of Shipyard Lane and Route 25, East Marion, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On moti~ of Mr. Gillispie, seconded by Mr. Bergen, the Board set 7:45 P.M. (E.D.S.T.), Thursday, July 6, 1961, Town Clerk O~ice, Main Road, Southold, New York, as time and place for hearing upon application of The Church of the Redeemer, Sound and Westphalia Avenues, Mattituck, New York, for a special exception in accord- ance with the Zoning Ordinance, Article III, Section 300, Subsection 11, for permission to erect and maintain a sign on the property of James B. Wasson, southwest corner of Sound Avenue and Aldrich Lane, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Berg&n, and Mr. Rosenberg. On motion of Mr. Rosenberg, seconded by Mr. Bergen, the Board set 7:55 P.M. (E.D.S.T.), Thursday, July 6, 1961, Town Clerk Office, Main Road, $outhold, New York, as time and place for hearing upon application of The Church of the Redeemer, Sound and Westphalia Avenues, Mattituck, New York, for a special exception in accord- ance with the Zoning Ordinance, Article III, Section 300, Sub- section 11, for permission to erect and maintain a sign on the property of Elizabeth G. Horton, south side Main Road, Peconic, New York, bounded north by Main Road, east by J. Krupski and Klos, south by A. V. Drososki, and west by Grygielkb. $outhold Town Board of Appeals -7- June 22, 1961 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On motion of Mr. Rosenberg, seconded by Mr. Gillispie, the Board set 8:05 P.M. (E.D.$.T.), Thursday, July 6, 1961, Town Clerk Office, Main Road, Southold, New York as time and place for hearing upon application of The Church of the Redeemer, Sound and Westphalia Avenues, Mattituck, 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 sign on the property of Arthur N. Penny, north side Middle Road, Mattituck, New York, bounded north by Martin Sidor, east by John Northridge, south by Middle Road, and west by Adelaide Tuthill. Vo~e of the Board: ~es:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On motion of Mr. Gillispie, seconded by Mr. Bergen, the Board set 8:15 P.M. (E.D.$.T.), Thursday, July 6, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of The Church of the Redeemer, Sound and Westphalia Avenues, Mattituck~ New York, for a special exception in accor8-nce with the Zoning ordinance, Article III, Section 300, Subsection 11, for permission to erect and maintain a sign on the property of Arch and A~n Davis, south side Peconic Bay Boulevard, Mattituck, New York, bounded north by Boulevard, east by J. L. Buttenfeld, south by Peconic Bay and west by C. E. Smith. Vote of the Board: Ayes:- Mr. Gillipsie, Mr. Bergen, and Mr. Rosenberg. The Board also received an application from The Church of the Redeemer for a sign location on the property of Della Chew, Mattituck. However, this application was returned as the church presently has a sign location on this property. It is believed there was an error in applying for this particular location. The minutes of the meeting of June 15, 1961, on motion of Mr. Gillispie, ~conded by Mr. Rosenberg, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Southold Town Board of Appeals -8- June 22, 1961 The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, June 29, 1961, at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 10:00 P.M. Respectfully submitted, 'Judith T. Boken, Secretary APPROVED