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HomeMy WebLinkAboutZBA-01/18/1963T~leohone SO 5 2680 APPEAL BOARD MEMBERS Robeff W. ®iJJ]sp]e~ Jr., Chairman Robed Bergen Char]es Gregonis, Serge )oyen MINUTES SOUTHOLD TOWN BOARD OF APPEALS January 18, 1963 A reqular meeting of the Seuthold Town Board of Appeals was held 7:30 P.M.,_Friday, January 18, 1963 at the Town Office, Main Road, Southold, New York. There were present: Messr.so Robert W. Gillispie, Jro, Chairman, Robert Bergen, and Charles Grigonis~ Jr. Absent: Mr. Serge Doyen~ Jr. PUBLIC HEARING: Appeal NO. 538 - 7:30 P.M. (E.S.T.), upon application of John Eidor~ Mill Lane, Mattituck, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 304~ for permission to locate dwelling with a front yard setback of 22 ft. on a corner lot. Location of property: Conklin Road and County Route 27A Extension, Mattituck, New York. Lots 17 & 18 on map of Garden Heights. Property bounded north by Lot 19 - Terry & Hill~ east by Lots 33 & 34 - John Sidor~ south by County Route 27A Extension, and west by~Conklin Road. 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. Southold Town Board of Appeals -2- January 18, 1963 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? JOHN A. O~KEEFFE, ESQ.; Mr. O'Keeffe stated that he appeared on behalf of Mr. Sidor and pointed out on the map the location of the foundation, building and road~ and the taking line of the County for the new road. ThenMro O'Keeffe explained that the lot is a long way from the road line itself, actually over 85 feet from the road line, and the foundation was placed 22 feet from the lot lineo Mro Sidor made an attempt to buy additional land but was turned down by the County° The County wrote a letter to the Board of Appeals (which Mr. O'Keeffe presented to the Board) stating that the location of the house in the present position would in no way affect the County's use of the property they have acquired. The County recommended that the Board of Appeals grant a variance to Mro Sidor so that he may locate the structure on the foundation he has atready builto THE CHAIRMAN: When did you buy the lots and the house? MR. SIDOR: I bought the lots within the last three or four months and I bought the house before that° THE CF_AIRMAN: When were you officially aware the County was going to condemn for this road? MR. SIDOR: 18 years ago if you want to go back that far. Last year i knew for sure. They did not say they were going to condemn but the surveyors were working in there° THE CHAIRMAN: Is there anyone else present who wishes to speak for this applic~ation? (There was no response°) 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 County of Suffolk condemned property between Mary's Road and Conklin Road~ Mattituck, for the purpose of constructing County Route Extension 27A. Mr. John Sidor purchased land immediately Southold Town Board of Appeals -3- January 18, 196~ Adjacent to this condemned property and a house located within the taking line, with the purposeful relocating the house on this newly acquired property° A foundation for the house was constructed and then it was discovered it was inadvertently placed 22 feet from the property line adjoining the County property° The County advises thatthis house will be approximately 80 feet or more from the durb line of the highway. The Board finds that the street line and not the "taking line" is the determining factor in considering whether or not a variance of this nature will defeat the purpose of the Zoning Ordinance° The Board finds that 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 John Sidor be granted permission to locate dwelling on a corner lot with a front yard setback of 22 feet on the southerly side, facing Middle Road Extension County Route 27A. Location of property: Conktin Road and County Route 27A Extension~ Mattituck, New York, Lots 17 & 18 on map of Garden Heights° Vote of the Board: Ayes:- Mr. Gillispie, Mro Bergen, and Mro Grigonis. PUBLIC ~EARING: Appeal No. 539 - 7:45 P.M. (E.'S.~.), upon application of John Sidor, Mill Lane, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III~ SeCtion 300, Subdivision 7, for permission to locate detached garage 5 feet from the southerly property line bounding property of the County of Suffolk reserved for highway purposes. Location of property: Conklin Road and County Route 27A Extension, Mattituckt New York, Lots 17 & 18 on map of Garden Heights. Property bounded north by Lot 19 - Terry & Hill, east by Lots 33 ~ 34 - John Sidor, south by County Route 27A Extensic~, and west by Conklin Road. Fee paid $5.00. Southold town Board of Appeals -4- Januauy 18, 1963 The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant° THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOHN SIDOR: I do. N/{. BERGEN: I looked this property over and I would like to know where the cesspools are to be located? FLRo S IDOR: The ces$~pools are to be in the northeast corner of the property because the land slopes down there. I want the garage to face Conklin Road and the best location is in the south- east corner with th~ door facing weSto There is 8 ft. difference between the higher p~operty and where it falls off. You could not have the lines to the cesspools running up. The well point is to be located in the front° 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 responses) After investigation and inspection the Board of Appeals finds that this applicant has an unusual parcel of land. it faces County property reserved for highway purposes and another street making it a corner lot. On the southerly side of the lot adjoining County property there is approximately 60 feet from the property line of the applicant to the curb line of the proposed County highway, therefore the garage will be approximately 65 feet from the curb line of the highway. The Board further finds that it is necessary for this garage to be located in the southeasterly corner of the property because the applicant must place his cesspools in the northeasterly corner due to the contour of the lot. The lot slopes downward toward the northeasterly corner and upward toward the southeasterly corner. Southold Town Board of Appeals -5- January 18, 1963 The Board finds that strict application of the Ordinance will 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. Gill±spie, seconded by Mr. Bergen, it was RESOLVED ~that John Sidor be granted permission to locate a detached garage 5 feet from the southerly property line of his property bounding property of the County of Suffolk reserved for highway purposes. Location of property: Conklin Road and CoUnty Route 27A Extension, Mattituck, New York, Lots 17 ~ 18 on map of Garden Heights. This garage shall be no closer than 5 fto to the southerly property line and no closer than 3 ft. to the easterly property line. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and Mr. Grigoniso The decision in the matters of the John Sidor appeals are made with all due respect to a former member of the Board of Appeals who does not agree with these decisions. PUBLIC HEARING: Appeal No. 537 - 7:50 P.Mo (E.S.T.)~ upon application of E. Kenneth Tabor, Orchard Street, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article X~ Section 1003A, for permission to renew labor camp permit for existing labor camp facilities° Location of property: south side Orchard STreet, Orient, New York, bounded north by Orchard Street, east by E. Ko Jagger, south by Percy Douglass~ and west by H. Go Tabor. Estate° 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? Southotd Town Board of Appeals -6- January 18:1963 M~. E. KENNETH TABOR: This camp is the same as it was whoa it was granted last year. I request that you r~enew my application. MR. BERGEN: Has the police ever been called down there in the past year? MR. TABOR: Not that I know of. MR. BERGEN: Were there any fights or disturbances you did not approve of? MR. TABOR: Not that I know of. 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 this applicant wishes to renew his permit for a labor camp which was granted in July, 1962. This camp has been in continuous existence since 1951 and has been commended by organizations which have investigated migrant labor camps in this area. The Board finds that there have been no complaints concerning this camp during the 1962 operation. Mro Tabor maintains this camp in accordance with the Health Department and State rules and.regulations. The compelling reason for granting a special exception to operate this camp as a commercial labor camp still exists byreason of the elimination of cooperative housing for approximately 200 workers formerly housed at the Greenport Labor Camp. The operators of farms conduct their operation in various locations necessitating housing within the general area of operation in order to perform harvesting and grading operations to market the crops. The Board of Appeals is in agreement with the general feeling concerning labor camps~ however~ we believe that the operation of labor camps has-vastly improved in recent years and that such camps arena tool as essential to local agriculture as tractors, According- ly our findings have not changed essentially since July 19~ 1962 as outlined in our action of that date, based on Appeal No. 486 of E. Kenneth Tabor. Southold Town Board of Appeals -7- January 18, 1963 The Board finds that the ~ubtic convenience and wet, re and justice will be served and the legally established or permitted use of neighborhood property and adjolning use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Grigonis, seconded by Mr. Bergen~ it was RESOLVED that E. Kenneth Tabor be granted permission to renew his labor camp permit on property located on the south side Orchard Street, Orient, New York. This permit shall run for the calendar year 1963o See Schedule "A":-- Findings herein and hereto annexed are taken from the previous hearing of July 19, 1962. Accordingly these findings have not changed essentially. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigon is. PUBLIC HEA~ING: Appeal No. 536 - 8:15 P.M. (E.S.T.), upon application of George W. Smith & Sons, InCo, Main Street~ Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subdivision (a)~ for permission to erect a second ground sign on tlne business property of George W. Smith & Sons, Inc., east side Route 25~ Southold, New York. Property bounded north by G. W. Smith, east by Ellis Terry, south by G. W. Smith~ and west by Main Road. 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? MR. DANIEL SMITH: I will take down the several other signs on the property, with the exception of the ground sign on the east side of the property. I have already taken down the roof sign and SCHEDULE TO%VN 01~ SOUTI{OLD~ NE.'W YORK ~pea~ No. 486 Dated July t0, 1962 ACTION OF THE ZONING BO~ OF ~PEA~ OF THE TO'~N OF SOT~HO~ Appellant ,~t ~ mecth'g el the Zoning Beaird was c~nsidered and the ~ctien indicated below was taken on y~u~ ~ , ~qucst for vari~e due to lack of access ~ pro.fly (~) Request ~ar a special except~oa under the Zoning O:dinance ~ ~ ~e~quest for a vari~ce to th,e Zon~g Ordinance the appeal ? SPEC]AL EXCEPTION. By resolution of the F~oard it was dct£rmined that a special exception ~ ) be granted { ) be denied pursuant to Article ~[ Sec;ian ~'~% Subsection paragraph ................... of the Z~oninff~ Ordh~ance. and the decision el tho ]Sui!din~ Lr~spec~or ~ ~ be reversed ( be confirmed b~cause ~ 2%~ ~%~~ ~ ~~~ ~ ~ ~i2%~ ~ 2~ VAItIANCK B) meso!utio~n of the Board it was dettr~ained that a Stri~ appliaation of the ©rdk~anee ,would would no~ produce pracMca! dfffic~fities er umz~c¢~ essa?y hardsi~ip because ~ The ban]~ip created (is) (is non %~nque s_ud wau~ ~wou!d ns,~ be shared alike kn the ironed:ate vicinity of th~s 9roper~y and in '~e sa~r.~ use dis~ricl %ecauee Southold Town Board of Appeals -8- January 18, 1963 the sign on the telephone pole guy wire that said "real estate". The broker sign on the front of the building is required by law. The sign on the west side of the property which is about 6 ft. by 8 ft. I would like to leave with the letters painted out° It is blank at the present time. This sign hides some ladders which we have stored on the west side of the building. The purpose of this new sign is thatwe are in the real estate business and intend to start advertising Fairview Park a subdivision and as soon as some of the ~a~s are answered people will want to know where to find us. This proposed sign will be located at the southwest line and the other ground sign we now have will remain on the other side of the property. THE CHAIRMAN: I bel-ieve it will be necessary for you to remove the si~ on the west side of the property which you want to paint out and use as a shield. TT~at would still be considered a sign. MRo BERGEN: I agree with that. MR. SMITH: I will gladly remove that sign and I can put up a lattice to hide the ladders. (The Chairman read the report prepared by Mr. Rosenberg, a former member of the Board, who had worked on this sign matter with Mro Smith before his resignation.) THE CHAIRMAN: Are there any other questions? (There was no response.) 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 a business building in which three separate businesses are conducted, a real estate, hardware, and building business° The new sign will pertain to "Fairview Park", a new subdivision being developed by the applicant. This property contained several additional ground and wall signs, but the applicant is inT~rocess of removing them. There now remains a ground sign on the north side of the property~ a real e state brokers sign by the office entrance which is required by law~ a "G.W. Smith & Sons~ Builders" s~gn on the front of the building which will be removed, and a Southold Town Board of Appeals -9- January 18, 1963 ground sign on the south side of the building which has been painted out and will be removed. The Board finds that the public conven~nce and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially in3ured and the spirit of the Ordinance will be observed. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that G. W. Smith & Sons, Inc. be granted permission to erect a second ground sign 8 ft. by 6 ft. 6 in. on the south side of their property, no part of this sign shall be closer than 5 ft. to any property line and the lower edge shall be at least five feet from the ground level. The wording on the sign sh~ be "Smiths, Real Estate, Fairview Park, Homesites." The applicant will remove the existing front wall smgn and the ground sign on the south side of the property which has been painted out before the erection of the proposed new sign. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. On motion of Mr. Bergen, seconded by Mr. Grigon~s, it was RESOLVED that the minutes of January 3, 1963 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. Mr. Joseph Diaz of Greenport appeared before the Board to informally discuss the property of Mr. Nelson Beebe~ Madison Street and Wilmarth Avenue~ Greenport. If Mr. Beebe locates his proposed house 35 ft. from Madison Street he will require a side yard reduction, and if he locates the house with the correct 10 ft. side yard he will require a special exception for the front yard setback reduction. The Board advised that Southold Town Board of Appeals -10- January 18, 1963 they felt the side yard reduction rather than front yard reduction would be the best solution. Mr. Diaz advised he would speak to his client before making any application to the Board. It was later established that this lot is one of the old single lots established prior to Zoning and the Build~ g Inspector may reduce the side yards up to 50% without the necessity of a special exceDtion. Mr. Bergen briefly discussed lots owned by Mr. jim Wasson at East Legion 'Avenue, Mattituck. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, January 31, 1963 at the Town Office, Main Road, Southold, New York. On motionof Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T.), Thursday~ January 31, 1963, Town Offices Main Road, Southold, New York as time and place for hearing upon application of Ral~n 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 306~ 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 andeast side Second Street, New Suffolk, New York, bounded north by Rogers and Avent, east by Januick and Majeski, south by Main Street, and west by Second Street° vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and Mr. Grigonis. On motion of Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 8:00 P.M. (E,S.T.)~ ThursdaY, January 31~ 1963, Town Office, Main Road, SoUthold~ New york as time and place for hearing upon application of Lefferts P- Edson, Bayview, Southold, New york, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 3A, for permission to ~mprove and expand a non- commercial marina in a residential district. Location of Southold Town Board of Appeals -11- Janua~f 18, 1963 property: south side Bayview Road, Southold, New Yor~, bounded north by Bayview Road, east by R. L. Hammel, south by Cdrey Creek and west by James Bitses. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. It was FURTHER RESOLVED that legalnotice of hearings be published in the official newspaper on January 24~ 1963o Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Grigonis. Meeting adjourned at 10~00 P.M. Respect ful lysubmitted, Judith T. Boken, Secretary