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HomeMy WebLinkAboutZBA-03/28/1963 ~OUTHOLD, L.I., N.Y.T~l~o~ so APPEAL BOARD MEMBERS Rober'~ W. GilJis~ie~ Jr. ChaTrm~n Roberz Berget~ Serge Doyen Jr. Fred Hul,se, Jr. MINUT'ES SOUTHOLD TOW~ BOARD OF APPEALS March 28, 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, March 28~ 1963 at-the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr., Robert Bergen, Charles Grigonis, Jr., and Fred Hulse, Jr. Absent: Mr. Serge Doyen, Jro PUBLIC ~ARING: Appeal No. 550 - 7:30 P.M. (E.S.T.), upon application of Joseph Diaz, a/c Nelson Beebe, Wilmarth Avenue~ Greenport, New York, for a special exception in accord- ance with the Zoning Ordinance~ Article III, Section 306~ for permis~on to reduce front yard setback to 25 feet on a corner lot. Location of property: north side Wilmarth Avenue and east side Madison Street, Greenport~ New York, bounded north by G. Smith, east by William Skrezec, south by Wilmarth Avenue and west by Madison Street. Fee paid $5.00. Southold Town Board of Appeals -2- March 28, 1963 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 notice to the applicant. TP~E CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOSEPH DIAZ: I speak for it. According to the ordinance there would have to be 35 ft. in the front and that would make the rear 7 ft. from the back of the house to the back lin~ when you consider a 3 ft. walk and 3 ft. porch there is only a foot for the lawn. There is also a cellar entrance on that side of the house. We request a 25 ft. setback so Mr. Beebe will have a 17 ft. rear yard. MR. BERGEN: Is Madison Street a busy road? MR. DIAZ: No, on Madison there are only about 3 or 4 houses and it is a short street and there probably will not be many more houses. The setback on Wilmarth Avenue is in line with the house to the east. This will be the first house on Madison Street on the east side. (The Board discussed the general area.) THE CHAIRMAN: Is there anyone else present who wishes to speak for th~ application? (Mro Nelson Beebe was also present and indicated he would answer any questions the Board might have.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant has an unusual size lot which was established prior to the enactment of Zoning. The width of the lot on Wilmarth Avenue is only 60.84 ft. and it tapers up to 85.74 ft. on the north. The proposed location of the dwelling is the most practical and logical one. To the north of this lot there is a low or swampy area and it is questionable if this area will ever be built upon. There are no other houses on the easterly side of Madison Street at the present time. Southold Town Board of Appeals -3- March 28, 1963 The Board finds that the public convenience and wel~e~i~ justice will be served and the legally established orPe~mi~'~ use of neighborhood property and adjoining use distr~s~>Will not be permanently or substantially injured and the sp~r~%~f the Ordinance will be observed. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Joseph Diaz~ a/c Nelson Beebe be granted permission to erect a dwelling on a lot located on the northerly corner of Wilmarth Avenue and the easterly corner of Madison Street with a front yard setback on Madison Street of 25 feet and an easterly side or ~e~r yard of no more than 17 ft.' The fro~hyard setback on WitmaJ~h Avenue shall be in line with the established setback on Wilmarth Avenue. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mro Grigonis~ and Mr. Hulseo PUBLIC HEARING: Appeal No. 551 - 7:45 P.M. (E.S.T.), upon application of Jennie A. Horton, Main Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A, for permission to set-off a lot with 75 ftc frontage and reduced area. Location of property: east side Alvah~s Lane, Cutchogue, New York, bounded north by Mildred Horton, east byLouis T. Verderese, south by other land of Jennie Horton, and west by Alvah's Lane. Fee paid $5.00. 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 to the applicant° THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WILLIAM WICKHAM, ESQ.; I am not going to repeat what has been said in the petition° I would like to make one correction on the boundaries. The easterly boundary is setforth by Mr. Van Tuyl as Dr. Louis Verderese ~nd actually it is owned by the prospective purchaser of the Horton property, Mrs. Dorothy K. Verderese. The property directly across the street and Southold Town Board of Appeals -4- March 28, 1963 down the Main Road is business. The lot however that we refer to is residential as is the property to the north of it. I should point out that we ourselves do not want to aonfine ourselves to 75 ft. but MrSo Horton Who is 86 years of age will not sell any more land. THE CHAIRMAN: Is there any particular reason MR. WICKHAM: Because she has some trees and Shrubb~ and she does not want anyone to go any closer to her building. THE CHAIRMAN: Is there anyone present who wishes to speak aqainst this application? (There was no responses) MR. WICKPLAM: I would like to add that the lots across the street~and directly to the north are undersized. (The Board discussed the matter of wells and cesspools for thy new loto) THE CHAIRMAN: Are there any other questions? (There was no response.) ~After investigation and inspection the Board finds that the proposed division of this parcel creating a 75 fro lot would not harm the character of the neighborhood because the lots to the north of this parcel are undersize., The Board wishes to point out, how- ever, that theYwould not look favorably upon a fuZther subdivision of the remaining property of Jennie Horton on the corner of~Main Road and Alvah's Lane. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hard- ship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and would not change the character of the district. On motion of Mr. Gitlispie, seConded by Mr. Hulse, it was RESOLVED that Jennie A. Horton be granted permission to set Sou,hold Town Board of Appeals -5- March 28, 1963 off a lot 75 ft. front by 138.52 in depth on the north and 137.54 ft. in depth on the south. Location of property: east side Alvah~s Lane, Cutchogue, New York° Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mro Grigonis~ and Mr. Hulse. PUBLIC HEARING: Appeal NOo 552 - 8:00 P.M. (E.S.T.), upon application of Robert J. Wheeler, Boisseau Avenue, Southoldz New York, for a special exception in accordance with the Zoning Ordinance, Article IV~ Section 400~ Subsection 9~ for permission to erect a public garage and automobile service station on the north side Middle Road (Route 27A)~ Southold, New York. Property bounded north by H. E. Tuthill~ east by Muriel Tait, south by Middle Road (Route 27A)~ and west by David Driscoll. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exception, legal nc~ce of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT J. WHEELER: I speak for it. There is nothing further to add. I have owned ~is property since 1957o THE CHAIRMAN: When do you propose to start construction? MR. WHEELER: Within a month. I bought the property in 1957 with the idea of building a garag~nd since I was not readyto build right away I let-Tuthill farm the land until I was read° THE CHAIRMAN: There was a special exception granted to Mr. Teuber for a gas station next to your property but si~ee then the permission has expired. MR. W-HEELER; Yes~ but now he has given up the gas station business and does not plan to build. THE CHAIRMAN: Do you have a gas station now? Southold Town Board of Appeals -6- March 28, 1963 THE CHAIRMAN: MR. WHEELER: THE CHAIRMAN: repair wrecks ? MR. WHEELER: MR. WHEELER: Yes° I am now renting my station and if~I build I will own ito I now rent from Shell Oil Company. Would you be handling general repairs? General repairs~ gas and oil. What about wrecked cars? Do you plan to I never have. NO body and fender work~ ~once in a while I paint a car° MR. HULSE: We are concerned about wrecks. If wrecks are brought on the property it could build up as a junk yard or graveyard as they call it. THE CHAIRMAN: Do you plan to sell cars? MR. WHEELER: Not as of now, no. THE CHAIRMAN: ED you have a wrecker? MR. WHEELER: Yes. else THE CHAIRMAN: Is there anyone/present who wishes to speak for this application? (There was no response°) (The Chairman read the standards established by the Board of ~ppeals for granting gas station permits.) (A great deal of emphasis was placed upon wrecked cars being brought on the property and Mr. Wheeler was advised this would under no circumstances be permitted. Mr. ~neeler said he would then have to put-wrecks inside if he has any or build a shslter for them behind the building.) THE CHAIRMAN: Are there any other questions? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Southold Town Board of Appeals -7- March 28, 1963 MRS. MD-RIEL TAIT: I am Mr. Wheeler*s neighbor on the east. I have spent quite a lot of money and effort to make my property an asset to the Town and in addition I live there. I wish Mr. Wheeler good luck but what about the appearance of this property. He will have about 50 feet of empty land on my side of his lot~ what will he do to maintain that2 W~ll he park wrecks there? That is right next to my terrace and living room and garden° I don~t know what can be done about this but it does concern me very deeply. The gas station and garden center up at the corner is very nice and there are no wrecks. When we bought the property I knew it was a business zone but I did not visualize a commercial garage there° I am very much concerned about Mr. Wheeler~s position and I don~t feel that a gas station as such~ nicely maintained, would detract from my property, but a general utility garage with a wrecking business would° THE CPLAIRMAN: If this is 9~anted we must prohibit the parking of wrecks. MRS. TAIT: How would the back of the property be maintained2 There would be 50 or 60 fro in back. MR. WHEELER: It would be grass if anything and we would keep it mowed° MRS. TAIT: What type of building will be built? MR. WHEET~R: A concrete block building. THE CHAIRMAN: Is there anyone else present who wishes to speak either for or against this application? (There was no response°) After investigation and inspection the Board finds that this applicant has a right to this special exception for the use of his property as a public garage and automobile servi~e station, as all the conditions set forth in the Ordinance have been met. The appli- cant has owned this property since 1957 with the intention of eventually erecting a service station there on. 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 adjoining use districts will not Southold Town Board of Appeals -8- March 28, 1963 be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Robert Jo Wheeler be granted permission to erect a public garage and automobile service station on his property on the north side Middle Road ( Route 27A), Southold~ New York, subject to the following conditions: 1. No major repair work shall be performed in the open. 2. Pumps~ lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or highway, right-of-way or property line. 3. All fuel oil or similar substances shall be stored at least fifteen (15) feet distant from any street or lot line. 4. No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted. 5o Signs to be in accordance with Article IV, Section 408 of the Building Zone Ordinance of the Town of Southold. 6. Permission is granted for one year in which to apply for a building per~it for this project. Vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen, Mr. Grigonis~ and Mr. Hulse. PUBLIC HEARING: Appeal No. 553 - 8:30 P.M. (E.S.T.), upon application of Basil D'Emo ~ Commissioner, a/c of the Cutchogue-New Suffolk Park District, Nassau Point Road, Cutchogue~ New York, for~ a special exception in accordance with the Zoning Ordinance~ Article III~ Section 306, for permission to reduce front yard setback on a corner to 15 ft. on each street. Location of property: south side Bay Avenue and east side Nassau Point Road, Cutchogue~ New York~ known as "Causeway Beach." Fee paid $5.oo. Southold Town Board of Appeals -9- March 28~ 1963 The Chairman opened the hearing by reading application for a special exception ~ legal notice of hearing~ affidavit at, st- ing to its publication in the official newspaper and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. BASIL D~EMO: This is to be a comfort station for the residents of the Cutchogue-New Suffolk Park District. The set- back on the "Causeway" side is only temporary. They will widen the "Causeway" to the west and there will be parking for the people. Actually after the widening the building will be set back from 75 ft. to 90 fto from the road. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the proposed facility for the residents of the Cutchogue-New Suffolk Park District will greatly enhance the welfare of the Town of Southold. This proposed setback at the present time will keep the building on high ground above the high water limits. After the ~'Causeway" is widened the setback will be increased to between 75 ft. and 90 ft. Adequate safeguards are provided for this facility by the Board of Health° The Board finds that the public convenience and wel~re and justice will be serv~dC and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mro Gillispie~ seconded by Mro Hulse it was R~SOLVED that the Cutchogue-New Suffolk Park District be granted permission to reduce the f~ont yard setback for the erection of a utility building on the property on the east side Nassau Point Road and Bay Avenue~ Cutchogue~ to 15 ft. on each street. Vote of the Board: Ayes:- Mr. Gillisp~ Mr. Bergen, Mro Grigonis, and Mr. Hulse. Southold Town Board of Appeals -10- MarCh 28~ 1963 On motion of Mr. Gillispie, seconded by Mr. Grigonis~ it was RESOLVED that the minutes of the Board of Appeals of March 14, 1963 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis~ and Mr. Hulse. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M. (E.S.T.), Thursday~ April 11~ 1963 at the Town Office, Main Road, Sou~hold~ New York. On motion of Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T.), April 1963,upon application of Allen Besch, Sound Avenue, Mattituck, New York~ for a variance in accordance with the Zoning Ordinance, Article III~ Section 303 and Article X~ Section 1000A, for permission to divide property ~sing a lot with reduced frontage. Location of property: north side Sound Avenue, Mattituck, New York, bounded north by McHugh, east by other land of Besch, south bySound Avenue and west by right-of-way. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Grigonis, and Mr. H~lse. On motion of Mr. Grigonis, seconded by Mr. Gillispie~ it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.S.T.)~ Thursday, April 11~ 1963, Town Office, Main Road: Southold, New York as time and place for hearing upon application of Frank S. Zaleski, Deep Hole Drive, Mattituck~ New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, ~nd Article X~ Section 1000A for permission to divide property into a lot with an existing dwelling with insufficient side y~rdo Location of property: east side Deep Hole Driver Mattituck, New York~ bounded north by other land of F. Zaleski~ east by M. Suter~ south by other land of F. Zaleski, and west by Deep Hole Drive. vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergent Mr. Grigonis, and Mr. Hulse. It was Further RESOLVED that legal notice of hearings be published in the official newspaper on April 5~ 1963. Southold Town Board of Appeals -11- March 28~ 1963 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. The Chairman advised that he had been contacted by Mro Kenneth Tabor to determine if it would be necessary to obtain a special exception to enlarge an existing old structure of a non-conforming labor camp by 6 fto in length increasing it to approximately 12 ft. in order to comply with Board of Health rulings with regard to the cubic feet of area required for each worker. The Chairman advised Mr. Tabor that it would not be necessary~ however he would have to obtain a building permit for the enlargement° (The remainder of the bard of Appeals concurred with this decision.) The Board of Appeals received a letter from the Federation of Official Planning Organizations advising that their opinion in regard to the proposed amendment on the matter of the prohibition of storage of travel trailers has now been changed to read Approved. Prior to this the Board had written the Federation questioning their decision to disapprove of this proposed amendment. A letter was received from Antone F. Skwara, Jr., Co-Chairman of the Fund Raising Committee for the Protection Engine Company of the Southo~d Fire Department requesting permission to put ~p posters in Southold Town advertising a Block Party from June 27, 28, 29 and July 3~ 4~ 5~ and 6~ 1963. They would like to put up the posters on June 3, 1963. On motion of Mr. Bergen: seconded by Mr. Hulse, it was RESOLVED that the Board of Appeals grants permission to the Protection Engine Company of the Southold Fire Department, AnYone F. Skwara~ Jro, Co-Chairman, Fund Raising, to place posters in Southold Town advertising a Block Party from June 27~ 28~ 29 and July 3, 4z 5~ and 6, 1963o These posters will be erected on June 3, 1963. It.is specifically pointed out that these posters must be removed promptly after the 6th of Julyo It is specifically forbidden to place these posters on utility poles or on private property without permission° '2'~L'~ote of the ~rd: Ayes:- Mr. Gillispie~ Mr. Bergenz Mro jou t 10:00 P.M. Respectfully submitted~ Judith T. Boken, Secretary