HomeMy WebLinkAboutZBA-04/20/1961Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5-~6~0
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairmen
Robert Bergen
Herbert Rosenberg
Charles C~regonis, ,Jr.
Serge Doyen, Jr.
~INUTES
SOUTHOT.n TOWN BOARD OF APPEALS
April 20, 1961
A regular meeting of the Southold Town Board of Appeals
was held 7930 P.M., Thursa2y, April 20, 1961 at the Town Clerk
Office, Main Road, Southold, New York.
There were present: Messrs. Robert W. Glllispie, Jr.,
Chairman, Robert Bergen, and Herbert Rosenberg.
Absent: Messrs. Charles Grigonis, Jr., and Serge Doyen, Jr.
Also present: Mr. Howard Terry, Building Inspector
PUBLIC w~.~RING= Appeal No. 353 - 7:30 P.M. (.E.S.T.),
upon application of Eugene Mazzaferro, a/cCatholic War
Veterans, Post No. 730, Greenport, New York, for a variance
in accordance with the Zoning Ordinance, Article II, Section
202, for permission to operate a temporary amusement enterprise
in an "A" Residential and Agriuultural District. Location of
property~ east side Moore's Lane, Greenport, New York, bounded
north by Village of Greenport Municipal Light Plant, east by A.
Herzog, Sr. and Leo Sledjeski, south by H. L. Kalin, and A.
Herzog, Jr., and west by Moore's Lane. No fee required.
Southold Town Board of Appeals -2-
April 20, 1961
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 there anyone present who wishes to speak
for this application?
MR. WIT~.IAM HEANEY, Greenport, New York= I am Commander
of Catholic War Veterans Post No. 730, Greenport, and I appear
in the absence of Mr. Mazzaferro. I wish to state that the
environs of Greenport are limited for a function of this sort.
We did have the use of the same site for previous years and
we feel this application should be granted because we abided
by all of the regulations, cleaned uP the property and satisfied
the people in the area as to the way we handled the affair.
MR. TERRY, Building Inspectors I would like to point out
that this property is in the process of being rezoned to "B"
Bus/ness District. However, I don't kn~w whether it will be
completed before the time of the project and applicants should
be granted this variance so they will be covered.
THE CHAIRMAN~ Is there anyone else present who wishes to
speak for this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who would like to
speak against this application%
(There was no response.)
THE CHAIRMAIN= This has been granted for two or three years
and I have never heard any objection to it. It has always been
handled well.
Resolution was offered by Mr. Gillispie, seconded by Mr.
Rosenberg, ~tERF2%S application of Eugene Mazzaferro, a/c Catholic
War Veterans Post ~730 having been considered at Public Hearing
No. 353 on April 20, 1961, and the Board finding that the strict
application of the Ordinance would produce undue hardship because
without approval of the Board applicant would be unable to conduct
thia temporary amusement enterprise which has been conducted for
many years on the opposite side of the street. Last year appli,
Southold T own Board of Appeals -3-
April 20, 1961
cant was granted this same permission by the Board. The situation
is unique and would not be shared by all properties alike in the
immediate vicinity because this lot is situated next to the municipal
light plant where utilities are available and parking will be pro-
vided on a municipal lot. 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 lot is located adjacent
to the municipal light plant, across the street from the baseball
fields, near a business area and part of the property is used for
a florist shop business, therefore be it
RESOLVED that the application be granted for permission to
operate a temporary amusement enterprise on the condition that
the Catholic War Veterans Post %730 be responsible for restoring
the property to its original condition.
Vote of the Board= Ayes~- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg.
PUBLIC HEARINGs Appeal No. 354 - 7:45 (E.8.T.), upon appli-
cation of Fanning & Housner, 209 Fishel Avenue, Riverhead, New
York, for a special exception in accordance with the Zoning
Ordinance, Article IV, Section 400, Subsection 9, for pexmission
to use premises as a public garage in connection with the sale
and service of faxm machinery and equipment. Location of property:
northeast corner of Railroad Avenue and Middle Road (County Route
27A~ Southold, New York, bounded north by Gagen, east by Gagen,
south by Middle Road ( County Route 27A), and west by Railroad
Avenue. Fee paid $15.00.
The Chairman opened the hearin~ 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?
ISADORE SCHEINBERG, E~Q., 220 Roanoke Avenue, Riverhead,
New York: I appear on behalf of the applicants, Fanning & Housner.
THE CHAIRMAN: I think the application states very well the
Southold Town Board of Appeals -4- April 20, 1961
propose~dse and history of the property, which has been unfortunate
in the past years.
MR. SC~EINBERG~ What I have to say is practically all written
in the application and I might add very little. You are all
familiar with the facts. The type of business we are asking to
establish has been the use many years before the Ordinance was
adopted and is even less obnoxious than Crabtree & O'Keefe because
there would not be as much traffic as in the sale of automobiles.
I have a lease here which I would like to have the Board examine.
It limits the use of the premises for the sale and service of
farm machinery.
THE CHAIRMAN: Is there anyone else who wishes to speak for
the application?
MR. WIT~.IAM H. HOUSNER, partner of Fanning & Housner, Riverhead,
New York~ I wish to state that Lockwood Grader Corporation is a
substation corporation and I have been familiar with their harvester
wh~h has been out in this territory for five or six years. There
are as I understand 102 machines here at the present time. Very
large machines. A piece of machinery which digs'potatoes, which
goes into the ground, requires a great deal of service. I believe
the Lockwood Corporation will run a neat plant both inside and
outside and be an asset to the TOWn.
T~E CHAIRMAN~ You are going to sell and service Lockwood
potato harvesters?
MR. ~ORDON BISHOP, Representative of Lockwood~ We will be
handling warehouse material or equipaLent also. Graders, belts,
and so forth.
XThe Chairman discussed with Mr. Bishop the type of equipment,
cost ~_~_~ work capecity of the machines.)
THE CHAIRMAN: Will you be taking things in trade?
MR. B ISHOP~ Possibly.
T~ CHAIRMAN= One of the things we are concerned with is the
accumulation of junk. I suggest that if this is granted that you
dispose of any junk as fast as you can, because the situation here
as far as junk yards is concerned is very bad.
Southold Town Board of Appeals -5-
April 20, 1961
Is there anyone else present who wishes to speak for this
application?
(There was no response.)
THE CHAIRMAN: Is there anyone who wishes to speak against
this application?
(There was no response.)
MR. ]~F~BERG~ Inadvertently there has been a little confusion
here. The only reason we ask you to apply for a public garage is
because Mr. Gillispie, from his own experience as a farmer, knows
you might wish to buy a truck or some machinery from a farmer and
that is the only reason we ask for a public garage permit. We will
impose most of the same conditions as in the Crabtree and O'Keefe
application.
ResolutiQn was offered by Mr. Gillispie, seconded by Mr.
Rosenberg, ~ application of Fanning and Housner having been
considered at Public Hearing No. 354 on April 20, 1961, and the
Board finds the followings
This application is in effect a reinstatement of a for~t~er
permit for a public garage and permissive use of the front yard
for display of farm machinery. The fo~uter special exception and
variance were valid for the use of Crabtree & O'Keefe, an auto-
mobile agency, and the new tenant will use the building for which
it was designed and used for many years.
The following conditions are imposed upon this application:
1. k{o major repair work shall be performed in the open.
Ail fuel, oil or similar substances shall be stored at
least fifteen (15) feet distant from all street or lot
lines.
3. Signs to be in accordance with Article IV, Section 408
of the Building Zone Ordinance of the Town of Southold.
Premises shall notbe used for gasoline service station
purposes.
It is the determination of the Board of Appeals that:
Southold Town Board of Appeals -6-
April 20, 1961
(1) The proposed use will not prevent the orderly and
reasonable use of permitted or legally established uses in the
district wherein the proposed use is to be located and will not
prevent the legally established use in the residential use dis-
trict adjacent thereto.
(2) The proposed use will not prevent the orderly and
reasonable use of adjacent properties and of properties in
the adjacent use district.
(3) The safety, health, the welfare, the comfort, and
the convenience or order of the Town will not be adversely affected
by the proposed usd and its location.
(4) The use will be in harmony with and promote the general
purposes and intent of the Ordinance.
Accordingly this application is granted to Fanning & Housner
for pe~mission to use premises as a public garage in connection
with the sale and service of fax~, machi~ry and equipment with
the aforementioned ~onditions~during the occupancy by Lockwood
Grader Corporation.
Vote of the Board= Ayes=- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg.
PUBLIC HEARINGs Appeal No. 355 - 8:15 P.M. (E.S.T.), 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 405, for permission to reduce front
yard. Location of property~ northeast corner of Railroad Avenue
and Middle Road, (County Route 27A), Southold, New York, bounded
north by Gagen, ea~cby Gagen, south by Middle Road (County Route
27A), and west by Railroad Avenue. Fee paid $15.00.
The Chai~,.an opened the hearing by reading application for
a variance, 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?
$outhold Town Board of Appeals -7-
April 20, 1961
ISIDORE SCHEINBERG, ESQ., 220 Roanoke Avenue, Riverhead, New
York: I speak for the application.
THE CHAIRMAN: Th/s application refers specifically to the
varying of the Ordinance with the use of the property closer than
the minimum permitted.
MR. SCHEINBERG: This matter was discussed last June when we
applied for a variance, the same as the present one, for the display
of automobiles by Crabtree & O'Keefe, and we ask that you grant the
same variance that was granted last time,but not grant it to any
particular company.
MR. ROSENBERG: We cannot do that. If it is granted for 5 ft.
and the tenancy is te~.~inated and someone else comes in there that
might wish tN display furniture on the front of the property, how
would that look? Therefore we are willing to grant it to the
tenancy for which the lease is now issued.
MR. SCHEINBERG: The reason I do not like to name a name is
we are going back into the business of fazm machinery, a use the
building was used for originally. Possibly Fanning & Housner
will have another tenant after Lockwood Grader and then they
would have to come in here again for another special exception
and ~ariance.
MR. ROSENBERG: We must be assured that the tenant that will
be in there is a proper tenant and will not harm the Town of
Southold. Mr. and Mrs. Housner would be the first ones to object
to someone using the property in a way that would be improper.
THE CHAIRMAN: Is there anyone else present who wishes to speak
for this application?
( 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, se~nded by Mr.
Bergen, WHEREAS Application No. 355 having been considered at
a P~bllc Hearing on April 20, 1961, and the Board finds that
strict application of the Ordinance would produce undue hardsb3p
S~uthold Town Board of Appeals -8-
April 20, 1961
because the buildings on the premises were~ected prior to the
enacement of the Zoming Ordinance for the sale and service of
faxmmachinery or equi~ment and cannot operate without the open
display of farm machinery and equipment as close to the property
line as possible. The hardship created is unique and would not
be shared by all properties alike in the ~L~ediate vicinity and
in the same use district because the business buildings on the
premises were designed for the sale and service of fa~.tmachinery
and equipment and are of no use unless this variance is granted.
T~e variance does observe the spirit of the Ordinance and will
not change the character of the district because the premises are
in a "B# Business District, and an automobile service station is
located diagonally across the street. Further the garage and show
room building is already on the land and a public garage and auto-
mobile service station is specifically permitted in the "B" Business
District when approved as a special exception.
The Board of Appeals finds that the public convenience and
welfare and justice will be served and the legally established or
permitted use of neighborhood pro~rty and adjacent use districts
wuuld not be substantially or permanently injured and the spirit
of the Ordinance would be observed, therefore be it
RESOLVED that a variance be granted with the provision that
no agricultural machinery or implements be parked, exhibited or
stored for commercial purposes on the westerly side of the exist-
ing business building except on the unoccupied 28 ft. side yard
of the main building and not closer than 10 ft. to the existing
dwelling and not closer than 10 ft. to the Railroad Avenue property
line.
On Middle Road, otherwise known as Route 27A, no agricultural
machinery or implements to be parked, exhibited or stored for
co~ercial purposes closer than 5 ft. from the property line on
the fron~ yard along the entire 244.85 ft. of the premises.
This variance is granted for the duration of the occupancy
of the premises by Lockwood Grader Corporation of Gering, Nebraska.
The Board finds that the undue hardship relating to the
front yard setback is a very real one in the type of business
which seems best fitted for this building and agrees that he
business buildings on these premises were particularly designed
for the sale and service of agricultural equi~,~nt. The Board
further finds that the use of this property by Lockwood Grader
Corporation for the purposes outlined in the application will
not change the character ~the neighborhood.
Southold Town Board of Appeals -9-
April 20, 1961
Vote of the Board~ Ayes~- Mr. Gillispie, Mr. Bergen, and
Mr. ~osenberg.
The Board informally discussed proposed sign applicatio~ to
be made by F. C. Bernhardt who has purchased the Duck Point Motel
in Cutchogue. Mr. Bernhardt intends to change the n~me of the
motel to Bernhardt's Shore Motel and Restaurant and will apply
to change the present Duck Point signs to correspond.
Mr. Terry advised the Board that Mr. Joseph Droskoski had
notified him that the Rev. Alphonse Cizmowski of Our Lady of
Ostrabrama Church, Cutchogue, wished to discontinue his appli-
cation for a special exception to erect a directional sign on the
property of Kujawski, Bay Avenue & Leslie Road, Cutchogue.
On motion of Mr. Bergen, seconded by Mr. Rosenberg, it was
RESOLVED that Appeal No. 352, application of Rev. Alphonse
Cizmowski, ~a~ Lady of Ostrabrama Church, for a special exception,
be discontinued without prejudice.
Vote of the Board~ Ayes~- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg.
Resolution was offered by Mr. Bergen, seconded by Mr.
Rosenberg, setting 7:30 P.M. (E.D. 8. T.), Thursday, May 4, 1961,
~wn Clerk Office, Main Road, Southold, New York, as t~me and
place for hearing upon application of Townsend Manor Inn, Main
Street, Greenport, New York, for a special exception in accord-
ance with the Zoning Ordinance, Article III, Section 300, Sub-
section 11, for pe~Lission to erect and maintain directional sign
on the property of Nassau Brick Company, south side Route 25, west
of Silvermere Road, Greenport, New York.
Vote of the Boards Ayes~- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg.
Resolution was offered by Mr. Rosenberg, seconded by Mr.
Bergen, setting 8:00 P.M. (E.D.S.T.), Thursday, May 4, 1961,
Town Clerk Office, Main Road, Southold, New York, as time and
place for hearing upon application of Fishers Island Farms, Inc.,
a/c Charles B. Ferguson, Fishers Island, New York, for a special
Southold Town Board of Appeals
-10- April 20, 1961
exception in accordance with the Zoning Ordinance, Article X,
Section 1007, Subsection (e), for permission to enlarge a non-
conforming building. Location of property: intersection of
Montauk Avenue and Crescent Avenue, Fishers Island, New york,
bounded north by Robert Anthoine, east by Crescent Avenue, south
by Montauk Avenue, and west by Andrea Stefanini.
Vote of the Board~ Ayes:- Mr. Gilllspie, Mr. Bergen, and
Mr. Rosenberg.
It was further RESOLV~N~ that legal notice of hearings be
published in the official newspaper under date of April 28,
1961.
Vote of the Board= Ayes=- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg.
The minutes of the meeting of April 6, 1961, on motion of
Mr. Gillisple, secondedbyMr. Bergen, were approved as submitted.
Vote of the Board~ Ayes=- Mr. Gillispie, Mr. Bergen, and
Mr. Rosenberg.
The next regular meeting of the Southold Town Board of
Appeals will be held 7=30 P.M., Thursday, May 4, 1961, at the
Town Clerk Office, Main Road, Southold, New York.
The Board of Appeals will meet with the Southold Town
Board, Southold TOWn Planning Board in a Joint Meeting on
Wednesday, April 26, 1961, at the Town(Ikerk Office, Main Road,
Southold, New York.
Meeting adjourned at 10=20 P.M.
Respectfully submitted,
' Judith T. Boken,
Secretary