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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