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HomeMy WebLinkAboutZBA-10/26/1961 Southold Town Board APPeals SDLITHOLD, L. I., N. Telephone $O 5~6~0 APPEAL BOARD MEMBERS Robert W. GilUspie, Jr., Cha'rman Rob~.d Bergen Herbert Rosenberg Charles Gre~onis, Jr. Ser~e Doyen, .Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS October 26, 1961 A regular meetzng of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, October 26, 1961 at the Town Clerk Office, Main Road, Southold, New York. Present: Messrs. Robert W. Gillispie, Jr., Chairman, Robert Bergen, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr.~ and Serge DoyeD Jr. PUBLIC HEARING: AppealNo. 415 - 7:30 P.M. (E.D.S.T.), upon application of Emilie Haunstetter~ Bay Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain directicnal sign on the property of John Skuro, south side Route 25, Mattituck, New York, bounde~ north by Main Road, east by District 9, south by Ann Skuro, and west by Marlene Lane. Fee paid $15.00. 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. Southold Town Board of Appeals -2- October 26, 1961 THE CHA/RMAN: Is there anyone present who wishes to speak for this application? MR. EDWARD PURCELL, Ed's Sign Service, Riverhead, New York: I speak for the application. This sign will be over 75 feet from Marlene Drive and 120 feet from the Main highway. It will not block the driveway on the property. It seems I made a mistake on the size of the sign. I had indicated 4 ft. by 8 ft. but I under- stand the required minimum is 4 ft. by 6 ft. That is the si~n size I will erect. We are going to remove the present sign on the corner of Bay Avenue and Main Road and put this one up in place of it on the Skuro property. It will be a new sign all together. It will be lighted but the lights will shine directly on the sign and will not distract the cars. THE CHAIRMAN: What will the wording on the sign be? MR. PURCELL: I have a sketch here. "Turn Right, One Block ~Ahead, Mattituck Motel, Near Town Beach." THE CHAIRMAN: "Near Town Beach" would not be permitted on the sign. Also, you should be sure the lights are constructed so they will not cause a hazard. The size permitted is 4 ft. by 6 ft. and it must be 5 ft. above the ground level and the top edge not over 15 ft. 6 in. from the ground level. MR. PURCETJ,: I understand. That is satisfactory. THE CHAIRMAN: How many signs does this motel have? M/~S. EMILIE HAUNSTETTER, Bay Avenue, Mattituck, New York: We have seven now, eight with this new one. Three are outside of the Town of Southold. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Is there anyone present who would like to say anything further? (There was no response.} Southold Town Board of Appeals -3- October 26, 1961 This applicant No. 415 has found it necessary to move an existing directional sign from its present location 500 feet easterly of the proposed location because guests to the Mattituck Motel cannot see the sign. 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 property and adjoining use districts would not be permanently or substantially injured and the spirit of the Ordinance will be observed, therefore On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that Emilie Haunstetter be granted permission to erect and maintain directional sign on the property of John Skuro, present- ly leased by'Mil-Matt Agency, Inc., south, side Route 25, Mattituck, New York. This sign is to be 4 ft. by 6 ft. and is to be located at least 5 feet from any property line, 5 feet above the ground level, and 15 ft. 6 in. from the ground level to the upper edge of the sign. Wording: "Turn Right, One Block Ahead, Mattituck Motel." Illumination of this sign shall be constructed in such a manner_as to prevent~any h~za~ to traffic~ . . T~is sign is suDjecu ~o the same regu±a~tons and controls which affect non-conforming signs. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: Appeal No. 416 - 7:45 P.M. (E.D.S.T.), upon application of Rene Gendron, Pe¢onic Bay Boulevard, Jamgsport~ New York, a/c Charles Offenheiser, private right-of-way, north side Soundview AvenUe, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 308, for permission to reduce rear yard setback. Location of property: private right- of-way, north side Soundview Avenue, Southold, New York, bounded north by private right-of-way, east by right-of-way, and I. P. Terry, south by J. T. Overton, and west by Miller and Bie. Fee paid $15.00. The ~hairman 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 Southold Town Board of Appeals -4- October 26, 1961 for this application? RENE GENDRON, Peconic Bay Boulevard, Jamesport, New York: I speak for the application. For us to get a 25 ft. rear yard we would have to move the house over quite close to the westerly side line. By placing it in the requested position we can maintain a 35 ft. front setback and still have the house somewhat centered on the lot. That road shown in the rear is not actually a road. It h~as never been cut through. I believe it was just a proposal at one time. 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 strict application of the Ordinance would produce unnecessary hardship and practical difficulties because this is a triangular shaped lot having a frontage of 241.94 feet and a depth of 120.12 feet on the west tapering to 50.92 feet on the east. To place this house in the center of the lot and maintain a 35 ft. setback would leave an under- sized rear yard of 18 feet at the southeast corner of the house; the balance of the rear yard exceeds the minimum requirement. 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 because this is believed to be the oddest shaped lot in the area. The variance would observe the spirit of the Ordinance and would not change the character of the district because applicant intends building a residence in keeping with the size of the lot and to conf~rm with the neighborhood. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Rene Gendron, a/c Charles Offenheiser is granted permission to reduce rear yard setback on the southeast corner of proposed dwelling to be located on lot on private road, north side Soundview Avenue, Southold, New York. The balance of the rear yard exceeds the minimum requirement. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Southold Town Board of Appeals -5- October 26, 1961 PUBLIC ~EARING: Appeal No. 417 - 8:00 P.M. (E.D.S.T.), upon application of Rev. John Jefferson, Middle 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 divide property and use as a single lot, and recognition of access in accordance with State of New York Town Law, Section 280A. Location of property: north side Middle Road~ Cutchogue, New York, bounded north by W. H. Wickham Estate, east by John Jacobs, south by Middle Road and west by Church. 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. TPTE CHAIRMAN: Is there anyone present who wishes to speak for this application? REV. JOHN JEEFERSON, Middle Road, Cutchogue, New York: speak for this application. THE CHAIRMAN: How long have you owned the lot ? REV. JEFFERSON: Approximately two years. THE CHAIRMAN: Are you going to move in something that is already built? REV. JEFFERSON: Yes, it is a barrack building. TP~ CHAIRMAN: WHat is the size? REV. JEFFERSON: About 20 feet by 30 feet. THE CHAIRMAN: What size will the lot be? MR. ROSENBERG: I went up~d measured Rev. Jefferson's property. His property is presently 65 feet on Middle Road by over 300 feet in depth. His front lot will be 65 feet by 168 feet in depth and the proposed lot will be 65 feet by over 130 feet in depth. There will be a 93 ft. front yard for the new dwelling. The access to this proposed dwelling is over a 15 ft. access road. The front lot will have 12,545 gq. ft. of area. REV. JEFFERSON: There are other lots in the area that are smaller than mine. Southold Town Board of Appeals -6- October 26t 1961 THE CHAIRMAN: You want to move the old sheds off of the property? REV. JEFFERSON: Yes, as soon as I have the new building fixed up. My daughter who is living in one of the sheds will move into the new building. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: I have here a letter in opposition from William Wickham, Mattituck, which I will read into the record. Mr. Wickham owns the land in back of Rev. Jefferson's property. "Board of Appeals Town of Southold Southold, New York Re: Rev. John Jefferson "Gentlemen: I note that you have scheduled a hearing for dividing property of the applicant and providing access. Since this property adjoins mine, I am interested in the application although, unfortunately, I shall not be able to be at the hearing unless it is adjourned. "In June of 1959 I presented a petition to the Town Board to request a total acreage of eight (80) acres to be changed from "A" Residential to "C" Industrial. It is my opinion, furthermore,that the Town Board change a vastly greater acreage in that section to "C" Industrial in order to promote the economy of the Town. "In a letter from the Planning Board dated July 9, 1959, it was stated that the application was being held pending the outcome of negotiations on the part of the Town~ County and State on the location or re-location of the Middle Road. I should, therefore, strongly urge that the current application be denied. I fail to see a~y advantage of chopping up small parcels if this area is to remain agricultural and residential. "Very cordially yours, /s/ William Wickham." TPrE CHAIRMAN: Do any members of the Board wish to say anything with regard to Mr. Wickham's letter? Southold Town Board of Appeals -7- October 26, 1961 MR. ROSENBERG: I would say that if the property owned by William Wickham were going to be made into "C" Industrial it would have nothing to do with this property. This is a settlement of ni~e little houses around the church and they are very well kept and nice people. If it is to be "C" Industrial it would have no effect, on the contrary, I think it would help it. THE CHAIRMAN: Is there anyone else present who wishes to speak either for or against this apptimtion? (There was no response.) After investigation and inspection the Board of Appeals finds that strict application of the Ordinance would produce undue hardship and practical difficulties because Rev. Jefferson has a long narrow lot, too large for one dwelling and the proposed division would enable the erection of a second dwelling and would be an improvement to the neighborhood. 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 because this lot is one of the largest in the area for one dwelling. After the division the front lot on Middle Road will contain over 12,500 sq. ft. The variance would observe the spirit of the Ordin- ance and would not change the character of the district because the applicant intends dividing the property into two lots, erecting a dwelling on the newly established second lot and removing two un- sightly sheds from the property, thereby improving the neighborhood. On motion of ~r. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that Rev. John Jefferson be granted permission to divide his property on the north side Middle Road, Cutchogue, into two lots. The front lot on Middle Road shall be 65 ft. front by 168 ft. in depth. The rear lot shall be 65 ft. front by approx- imately 135 ft. in depth. The proposed dwelling shall be located at least 93 ft. from the front property line of the rear lot and 10 ft. from the westerly side line. Access to the rear lot shall be over a 15 ft. right-of-way located along the easterly property line of the front lot. It is a condition of this variance that the applicant remove the two presently occupied shades in the rear of his own house, on the front lot, upon completion of the proposed new dwelling on the rear lot. Southold Tpwn Board of Appeals -8- October 26, 1961 Vote of the Board: Ayes:- Rosenberg. Mr. Gillispie, Mr. Bergen, and Mr. Mt. Frank Horn, along with his attorney George McMann appeared before the Board of Appeals for an informal discussion and discussed at great length Mr. Horn's appeal No. 411 dated September 12, 1961; hearing held Thursday, October 5, 1961. Mr. Horn may request a re- hearing on this appeal. The members of the Board stated that they would look at the property in question and give Mr. Horn ~ answer relative to a rehearing. On motion of Mr. Rosenberg, seconded by Mr. Bergen it was RESOLVED that the minutes of the meeting of October 12, 1961 be approved as submitted. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. On motion of Mr. Bergen, seconded by Mr. Rosenberg it was RESOLVED that the minutes of the meeting of October 16, 1961 be approved as submitted. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The Board received an application for a special exception from Mr. Frederick Bernhardt. This application was found to be incomplete and was returned to Mr. Bernhardt stating that he must specify the reason he is requesting this special exception. The Board received an application for a variance from Mrs. Florence Jurzenia. This application,s found to be incomplete and was returned to Mrs. Juzzenia stating that she must give specific and complete reasoning for her application. On motion of Mr. Bergen, seconded by Mr. Rosenberg, it was RESOLVED thatthe Board of Appeals set 7:30 P.M. (EiS. T.), Thursday, November 17, 1961, Town Clerk Office, Main Road, Southold, Sou~hold Town Board of Appeals -9- October 26, 1961 New York as time and place for hearing upon application of~A. Reilly & Sons, Inc., Shore Acres, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsectica 11, for permission to erect and main- tain a directional and advertising sign on the property of Frank Z. Doroski, corner of Sound Avenue and Bergen Avenue, Mattituck, New York. Vote of the Board: Ayes:- Mr. Rosenberg. Mr. Giltispie, Mr. Bergen~ and It was further RESOLVED that legal notice of hearing be published in the official newspaper under date of November 10, 1961. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Meeting adjourned at 11:30 P.M. Respectfully submitted, Judith T. Boken Secretary