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HomeMy WebLinkAboutZBA-01/31/1963 APPEAL BOARD MEMBERS Robert W. G]JJiso[e~ Jr.. Chairman Roberf Bergen Charles Gregonis Jr~ Se~ge Doyen~ Jr. SOUTHOLD, L.I., N.Y. Teleohone SO 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS January 31, 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M.~ Thursday, January 31, 1963 at the Town Office, Main Roads Southold, New York. There were present: Messrs. Robert~W. Gillispiet Jr., Chairman, Robert Bergen, and Charles Grigonis, Jr. Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 540 - 7:30 P.M. (E.S.T.), upOn application of Ralph Walty, Main and Second Streets, New Suffolk, New York, for a special exception in accordance with the Zoning ordinance~ Article IV, Section 400, Subsection 1 as it refers to Article III, Section 306t for permission to reduce front yard setback on a corner lot of residential use in a business district. Location of property: north side Main Street and east side Second Street, New suffolks New York, bounded north by Rogers and Avent~ east by Januick and Majeski~ south by Main Street and west by Second Street. Fee paid $5.00. Southold Town Board of Appeals -2- January 31, 1963 ~ne Chairman opened the hearing by reading application for a special exception, legal notice of heardn g, affidavit attest- ing to its publication in the official newspaper and notice to the applicant. MR. RALPH Walty: I speak for it. I would like to move the second cottage closer to Main Street. I want it to be 3 feet from the line on Second Street. It will be at least 20 feet from Main Street. If I set the house any further back than 3 feet it will be in front of the porch of another house. I want to have more room for my own residence so that I will have some la,n in ~ont. (The Board discussed the matter of the setback at some length and it was their opinion the setback should be 5 feet rather than 3 feet. Mro Walty~ however, continued to disagree.) 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 front yard setback line in this area is varied. In some instances there is no setback at all, the buildings are erected directly on the property line. Where the applicant proposes to move the cottage the established setback line on Main S~reet is 2 feet and on Secohd~Street it varies from 0 feet to 15 feet. The Board feels that a 5 ft. setback would not be a hardship to the applicant and would be in the interest of the safety and welfare of the neighborhood° The strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship 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. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that Ralph Walty be granted permission to reduce the front yard setback on his property on Second Street, New Suffolk, New York, to 5 feet. The setback on Main Street is to be 20 feet. Southold Town Board of Appeals -3- January 31, 1963 Vote of the Board: and Mr. Grigonis. Ayes:- ~r. Gillispie~ Mr. Bergen, PUBLIC HEARING: Appeal No. 541 - 8:00 P.M. (E.S.T.), upon application of Lefferts Po Edson, Bayview, Southold, New York, for a special exception in accordance with the Zoning Ordinance~ Article III, Section 300, Paragraph 3A, for permissi~ to improve and expand a non-commercial marina in a residential district. Location of property: south side Bayview Road, Southold~ New York~ bounded north by Bayview Road, east by R. L. Hammel, south by Corey Creek and west by James Bitses. Fee paid $5.00. 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. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? LEFFERTS P. EDSON: I wish to bulkhead the property. will still have the existing channel. This marina has been in exis~tence since prior to zoning and in order for me to improve the property I must apply for a special exception. We would not like to do any further work until we have it established as a marina. MR. HOWARD TERRY: This is the first project the County Dredge will do, Corey.Creeko The spoils will be placed on the Bitses and Victoria property -which is right next to the Edson property and that is the main reason Mro Edson wants to bulkhead his property. This is now a non-conforming use° MR. EDSON: Ail of the shore line of Corey Creek is privately owned except the point that meets the road going to Laughing Waters. I have allowed neighbors to use my facility and wish to continue that use° THE CHAIRMAN: Is there anyone else present who wishes to speak in favor of this application? Southold Town Board of Appeals -4- January 31, 1963 MR. HOWARD TERRY: I speak in favor as a neighbor. THE CHAIRMAN: Is there anyone present whowishes to speak against this application? (There was no response.) MR. R. L. HAMMEL: I am an adjoining property owner and I do not exactly speak against. With the County coming in~d benefiting property owners with the spoils they are definitely improving the property. If the County improves Mr. EdsQn:s property I do not want to be left with just a tax assessment increase on my property° I think we should do this as a joint venture. THE CHAIRM3~N: I would suggest that you speak to the Supervisor about having your property added to the project since a schedule is being followed. THE CHAIRMAN: Is there anything further? (There was no response°) After investigation and inspection the Board finds that at present this facilityt consisting chiefly of a canal 400 ft. by 60 ft. constructed in 1949 and 1950 is of limited usefulness. It zs proposed to substantially improve the docking and mooringf~cilities for small boats, specifically the construction of a non-commercial marina in a residential area° The Board is of the cpinion that such a use of the property is consistent with the general welfare and in agreement with long term policies of the Town and County with regard to developing the waterfront. The owner does not contemplate development of a commercial marina but rather a place where his tenants and other neighbors may moor and dock their pleasure boats. It should be noted that a prior existing non-conforming scalloping use exists composed of local scallopers. Any substantial increase in this type of activity would be regarded as an expansion of a non-conforming business use. In granting this application it is not the intention to abolish or limit unduly the use of the facilities by local scallopers. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood ~outhold Town Board of Appeals -5- January 31, 1963 property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed, therefore On motion of Mr. Gillispie, seconded by Mr. Grigonis, it,s RESOLVED that Lefferts P. Edson be granted permission to improve and expand a non-commercial marina in a residential district with the following conditions: With the full understanding of the applicant all commercial and/or business activity is specifically prohibited on these premises. However~ in determining what constitutes a business activity the Board is of the opinion that this condition should be interpreted to distinguish possible future activities which are installed primarily for the convenience of local residents rather ~han for the profit of the owner° - Questions arising concerning interpretation of this condition should be referred to the Board of Appeals° vote of the Board: Ayes:- Mro Gillispie~ Mr. Bergen~ and Grigonis. On motion of Mr. Gillispie~ seconded Dy Mro Grigonis~ it was RESOLVED that the minutes of January 18, 1963 be approved as submitted. Vote of the Board: Ayes:- Mro Gillispie~ Mr. Bergen~ and Mr. Grigonis. The Board of Appeals received a letter of acknowledgement from Mro Herbert Rosenberg in reply to the Board's letter of January 18,1963 thanking him for his faithful assistance and impartial analysis of problems relating to Zoning prior to his resignation from the Board of Appeals. On motion of Mr, Gillispie~ seconded by Mr. Bergen, it RESOLVED that the Board renew their subscription to the Planning Ne~s for 1963. Southold Town Board of Appeals -6- January 31, 1963 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, February 14, 1963 at the Town Office, Main Road, Southold, New York. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:30 P.M., Thursday, February 14, 1963, Town Office, Main Road, Southold, New York, as time and place for hearing upon application of John DeAlbertis~ Old Shipyard Lane, Southold, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A~ for permission to divide property into two lots each containing less than the minimum area and one containing less than the minimum frontage° Location of property: south side Wilmarth Avenue and north side WaShington Avenue, Greenport, New York~ bounded north by Wilmarth Avenue, east by A. M. Tasker Estates south by-Washington Avenue and west by Adele E. BuSSOo Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigoniso On motion of Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 7:40 P.M. (E.S.T.), Thursday, February 14~ 1963~ Town Office, Main Road, Southold, New York as time and place for hearing upon application of William H. Everts~ 1011 South ~lagler Drive~ ~est Palm Beach, Florida, for a variance in accordance with the Zoning Ordinance, Article III~ Section 303 and Article X, Section 1000A, for permission to divide property into two lots each having less than 100 ft. frontage. Location of property: west side private right-of- way known as Truman Path~ located on the south side Main Road, East Marion, New York. Property bounded north by E. J. Pedlowe~ east by T~uman Path~ south by Albert Vogt, and west by Marion Lake. vote of the Board: Ayes:- Mro Gillispiez Mr. Bergen, and Mr. Grigonis. Southold Town Board of Appeals -7- January 31, 1963 On motion of Mro Gri~nis, seconded by Mro Giilispie, it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.S.To), Thursday~ February 14, 1963, Town Office, Main Road, Southold~ New York as time and place for hearing upon application of George Lo Penny~ Inc., Main Road, Greenport~ New York~ for a special exception in accordance with the Zoning Ordinance, ArQcle III, Section 300, Subsection 11, for permission to erect and maintain a directional sign for George Lo Penny Lumb~r~ Inc. on the property of John G. POliwoda~ south side Route 27A, Greenport, approximately 500 feet west of Albertson Lane, Greenport~ New York. Vote of the Board: Ayes:- Mr. Gillispiet Mr. Bergen, and Mr. Grigonis. It was further RESOLVED that legal notice of hearing be published in the official newspaper on February 8~ 1963. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grlgoniso Meeting adjourned at 10:00 P.Mo Respectfully submitted~ u ~dith T. Boken~ Secretary~??¢~'~-~ '~