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HomeMy WebLinkAboutZBA-11/30/1961 Southold Board of. Appeals LD, L. i., N. APPEAL BOAED MEMBERS Robert W, Gillis~i¢, Jr., Cha~rm~n Robert Bergen H~rbe~ Rosenberg Charles Gre~onis, Jr. Ser~e Doyen, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS November 30, 1961 A regular meeting of the Southold Town Board of App~als was held 7:30 P.M., Thursday, November 30, 1961 at the Town Clerk Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Chairman~ Robert Bergen, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr., and Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 422 - 7:30 P.M. ~.D.S.T.)~ upon application of Frederick Bernhardtt 20 Station-Plaza, Great Neck, New York, a/c BernhardtSs Shore Motel,.Depot Lane~ Cutchogue, New York~ for a special exception in accordance with the Zoning Ordinance~ Article III, Section 300~ Subsection 11 for permission to erect and maintain a directional sign on the premises of Mrs° Hull S. Chew, southeast side Main Road (Route 25), Laurel, New York, bounded north by Main Road, east by J. F. Murphy, south by Old Road - Nawrocki, and west by Shell Oil Co. Fee paid $15..00. Southold Town Board of Appeals -2- November 30~ 1961 The Chairman opened the hearing by reading application for a special exception~ legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. The letter from the property o~ner was also read. THE CHAIRMAN: I understand this sign was erected in September without a permit and Mr. Bernhardt is fully aware a permit is necessary for a sign because he was here sometime ago after he bought the motel and obtained permission from us for the erection of four signs at various key locations. Is there anyone present who wishes to speak for this appli- cation? (There was no responses) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Is there anything any member of the Board wishes to say? MR. ROSENBERG: This is not a matter of a directional smgn~ it is a great distance from the location of the motel. This sign has been in violation for over 90 days although a violation has not been issued° THE CHAIRMAN: Any other questions? (There was no response. ) After investigation and inspection the Board finds that the advertising sign requested was erected about three months ago~ erected in violation of the ordinance and is a continuing violation. This applicant requested permission to erect four signs on May 11, 1961~ which requests were granted. These large signs are · e placed strategically at crossroads mn th area where the motel is located. These sites were selected by the applicant. The placement of the presen~ sign would not be in harmony with or promote the general purposes and intent of the Ordinance° Southold Twwn Board of~Apueals -3- November 30, 1961 On motion of Mr. Gillispie, seconded by Mro Bergen, it was RESOLVED that the application of Frederick Bernhardt for a special exception, Appeal No. 422~ to erect a sign on the property of Mrs° Hull Chew be denied. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and Rosenberg. PUBLIC PIEARING: Appeal No. 423 - 7:45 P.M. (E.S.T.), upon application of Christian F. Lampe, Peconic Bay Boulevard, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 303, and 306, for permission to reduce frontage and setback on a corner lot. Location of property: south side Peconic Bay Boulevard, Laurel, New York, bounded north by Peconic Bay Boulevard~ east by H. M. Brush, south by other land of C. F. Lampe~ and west by L. Plechaviciuso Fee paid $15.00. The Chairman 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? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Since there ms some question as to the necessity of a variance if the right-of-way is included in the lot, I feel this hearing should be recessed so Mr. Lampe or his representative can be present. On motion of Mr. Bergen, seconded by Mr. Rosenberg, it was RESOLVED that hearing upon Appeal No° 423, application of Christian Fo Lampe~ be recessed until 7:30 P.M., Thursday, December 14, 1961. Southold Town Board of Appeals -4- November 30, 1961 Vote of the Board: Mr. Rosenberg. Ayes:- Mr. Gillispie, Mr. Bergen, and The minutes of the meeting of November 16, 1961 on motion of Mr, Gillispie, seconded by Mro Rosenberg~ were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: Appeal No. 424 - 8:15 P.M. (E.S.T.), upon application of Frank S. Thorp~ Gardiners BayEstates, East Marion, New York~ for a variance in accordance with the Zoning Ordinance~ Article tII~ Section 303, Article X~ Section 1000A~ and Section 280A of the New York State Town Law, for permission to reduCe frontage and recognition of access. Location of property: south side private road known as South Lane, east of Gardiners Bay Estates, East Marion, New York~ bounded north by South Lane, east by L. G. Edwards, south by Gardiners Bay, and west by other land of F. S. Thorp. Fee paid $15o00. The Chairman 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 an~@ne present who wishes to speak for this application? MR. FRANK S. THORP; Other pieces of property in the area are of similar frontage. This adjoins Gardiners Bay Estates and all of the other places along in the area are 50 ft. I am requesting 70 ft. frontage. My own lot is 80 ft~ The access is in there because this is a private lane and has been there since 1950. I now have an opportunity to sell the lot in question. THE CHAIRMAN: Is there anyone present who wishes to speak against this applicationZ (There was no response.) Southold Town Board of Appeals -5- November 30, 1961 After investigation and inspection the Board of Appeals finds that this application to set off a lot 70 ft. by approximately 210 ft. conforms to nearly all other lots in this subdivision which adjoins a subdivision excepted from the standards set forth in the Ordinance. This lot is part of a parcel which was laid out to comply with the other water front lots adjoining and it would be an unnecessary hardship to require that two parcels be classed as one lot when all others in the immediate vicinity have been accepted as 70 ft. frontage or less. The area of this lot is approximately 14~839 sq. ft. On motion of Mr. Gitlispie, seconded by Mr. Bergen, it was RESOLVED that Frank S. Thorp be granted permission to reduce frontage of his lot on the south side South Lane, East Marion, and recognition of access to th~ lot. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: 8:45 P.M. (E.S.T.), upon motion of the Board of Appeals for a rehearing upon Appeal NOo 411 of Frank E. Horn, Island View Lane, Arshamomaque~ New York, for a variance in accord- ance with the Zoning Ordinance, Article III~ Section 303 for permission to reduce area of lot located on the east side private road off Island View Lane, Arshamomaque, New York° Property bounded north by Martocci~ east by Peconic Bay, south by other land of F. E. Horn~ and west by private right-of-way. Fee paid $15o00. The chairma~ opened the hearing by reading request for a re- hearing~ legal notice of hearing~ affidavit attesting to its publica- tion in the official newspaper, previous applicatinn and action of the Board on Appeal No. 411o THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MI{. FRAN~ E. HORN: I think I am right in the request this lot cannot be increased. Southold Town Board of Appeals -6- November 30, 1961 THE CHAIRMAN: That is agreed, if in your deeds you gave them a certain footage on the beach and that frontage adjoins the lots you certainly cannot sell of the footage. However~ could you se~l this area to someone else? Does it make a difference who ow~s it? MR. HORN: No, that is a permanent thing. THE CHAIRMAN: Then you could enlarge the lot by selling a portion of the beach area subject to what the deeds and the title policy say. MR. HORN: Yes~ but would that be practical? THE CHAIRMAN: If this lot is actually smaller than it was set off in May 1959, as shown on the map supplied at the 1959 hearing~ then the only way out of it is to make it larger. MR. HORN: That i cannot understand. It is not any smaller than what had been set off. What was there has always been there. THE CHAIRMAN: The land has not changed any has it? MR. HORN: No. THE CHAIRMAN: The decision in May 1959 was based on the informa- tion supplied and sworn to by you and we went over that very carefully zn relation to this° MR. HORN: That map is a map that was copied from a map I gave to Howard Terry and Mr. Martocchia. That ~s a copy of the original survey that was given to me when I bought the property originally. It is obsolete. THE CHAIRNAN: Howevers that was the map that was supplied and was used at the hearing. MR. ROSENBERG: At the time the variance in 1959 was granted for the Martoccia house you used that map and you were here and the variance was granted with your understanding that the lot which was shown on the map was the lot which was to be left. In the 1961 hearing you were asked if this was the map which was used and why iR it you never told us that you could not keep this as a building lot because you had given people a right-of-way over it. The first time we heard of it was at the informal hearing. Was there some reason why you did not tell us? $outhold Town Board of Appeals -7- November 30~ 1961 MR. HORN: No, I don't know° The only reason I can give is that I thought it was generally understood° I probably had no r~ght to feel that way. MR. ROSENBERG: Why don:t you seal this lot the way you want to along with some of the area deeded to the other people as a parking space. The man does not have to have anything to do with that area but it is in his deed and he has a legal size lot. THE CHAIPdWAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CPIAIRMAN: I have a telegram in opposition from Mro Martin Ao Heffernan~ Island View Lane~ Arshamomaque~ which reads as follows: "This telegram is in reference to hearing 8:45'P.M. today on Appeal $411 of Frank Eo Horn. I appeared at original hearing and protested claim that property in question is surrounded by summer cottages. My property is adjacent west boundary and is two story year round dwelling with considerably higher assessment. Three neighboring houses now on previously owned Horn property occupy less than two legal lots. I believe adding a fourth house defeats letter and spirit of Zoning Ordinance to avoid congestion. Promote safety and maintain property values in what We feel is one of the scenic areas of Southold Townsh~po /s/ Martin A. Heffernan, Island View Lane, Arshamomaque, New York." THE CHAIRMAN: Is there anything further ? (There was no response.) This re-hearing was held at the request of the applicant who based his request upon information which he had failed to present at the October 5, 1961 hearing. As a result of investigation and inspection and considering the new information presented by the applicant the Board finds no unnecessary hardship or practical difficulty present. This lot was set off on May 28, 1959 at the request of the applicant. It complied with the requirements of the Ordinance. The new information presented at this re-hearing was withheld from the Board at a hearing held May 28, 1959 and at a hearing held October 5, 1961. The new information consists of rights-of-way over parts of ~outhold Town Board of Appeals -8- November 30, 1961 this lot given purchasers of cottages distant from the site. The applicant further claimed that the map used by him at hearings in 1959 andagain in 1961 was not a true map and he did not intend that the area shown on the map would be the lot set off. The applicant now wishes to reduce the 13,000 sq. foot lot set off in 1959 to approximately 8~500 Sqo feet. He contends that the 4~500 sq. feet differential is a parking lot. Actually no more than 450 Sqo feet is used or ever could have been used for parking. The applicant-owns considerable land adjoining the lot in question and there is ample area for a lot which will comply with the requirements of the ordinance° On motion of Mr. Gitlispie, seconded by Mr° Bergen, it was RESOLVED that Mro Frank Eo Horn be denied permission to reduce area of lot located on the east side private road~off Island ~iew Lane, Arshamomaque, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The next meeting of the Southold Town Board or-Appeals will be held 7:30 p.m.~ Thursday~ December 14, 1961 at the Town Clerk Office~ M~in Road, Southold, New York° Meeting adjourned at i0:00 P.M. Respectfully submitted, A??ROVED T. Boken, Secretary