HomeMy WebLinkAboutZBA-07/27/1961Southold Town Board Appeals
BDUTHI3LD, L. !,, N,
APPEAL BOARD
MEMBERS
Robert W, Gillispie, ,~r., Chairman
Rob¢~l Bergen
Herbert Roscnbcrg
Charles Grcgonis, Jr.
Serge Doyen, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
July 27, 1961
A regular meeting of the Southold Town Board of-Appeals
was held 7:30 P.M., Thursday, July 27, 1961 at the Town Clerk
Office, main Road, Southold, New York.
There were present: Messrs. Robert W. Gillispie, Jr.,
Chairman, Robert Bergen, Herbert Rosenberg, and Charles
Grigonis, Jr.
Absent: Mr. Serge Doyen, Jr.
Also present: Mr. Howard M. Terry, Building Inspector.
PUBLIC HEARING: Appeal No. 401 - Upon application of
Joseph P. Ulrich, Main Road, Southold; New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 300, Subsection 11, for permission to erect and maintain
directional sign on the property of Steve Doroski, RQute 27A~
west of Bowery Lane, Southold, New York. Fee paid $15.00.
The Chairman opened the hearing by reading application for
a special exception, legal notice of hearing, affidavit attesting
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July 27j 1961
to its publication in the official newspaper and letter of
permission from the property owner, Steve Doroski.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. JOSEPH ULRICH, Southold, New York: I believe my case
is presented very well in the application. The only question I
have is that I may want to put the wording"turn right" at either
the top or the bottom of the sign. I am not sure right now. Would
there any any reason why you would have to know exactly where it
would go at the present time?
THE CHAIRMAN: No, it will just be noted in the action, if
this application is granted, that the words "turn right" will be
on the sign.
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 response.)
The Board finds that the public convenience and wet, re 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 injured and the spirit of the
Ordinance will be observed, therefore
On motion of Mr. Gillispie, seconded by.Mr. Bergen, it was
RESOLVED that Joseph Ulrich be granted permission to erect
and maintain a directional sign on the property of Steve Doroski,
south side Route 27A, Southold, approximately 800 feet west of
the intersection of Bowery Lane and Route 27A. This sign is to
be located at least 5 feet from any property line, 3 feet from the
ground level to the lower edge of the sign and 15 ft. 6 in. from
the ground level to the top of the sign. Sign size to be 4 feet
by-6 feet. Wording: "Turn Right'at Bowery Lane (800 ft.), Ulrich
Marina, Main Road - Route 25."
Southold Town Board of Appeals -3-
July 27~ 1961
This sign is subject to the same regulations and controls
which affect non-conforming signs.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigon~
PUBLIC HEARING: Appeal No. 385 Upon application of Henry
Kratzke, Old Orchard Lane, East Marion, New York, for a variance
in accordance with the Zoning Ordinance, Article III~ Section 305,
for permission to reduce setback on a corner lot. Location of
property: Lots 51 and 52 on map of Gardiner's Bay-Estates, East
Marion, New York. Fee paid $15.00.
This hearing was opened on June 15, 1961. The Chairman asked
if there was anyone present who wished to speak for or against the
application and there was no response. Upon request of the appli-
cant the hearing was recessed until he could consult with the
Gardiner's Bay Association relative to the location of the proposed
structure.
The Chairman reread the application at this time to refresh
the memory of the Board.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application ?
RE~. HENRY KRATZKE, Old Orchard Lane, East Marion, New York:
On our original plan we were to have 4 ft. to the northerly property
line. We are now pushing the garage back 10 ft. and the breeseway
will be on a slant. I have received approval from Mrs. Hicks and
Mr. Thorp of the Gardiner's Bay Association.
THE CHAIRMAN: What is thi~ road on the north?
REV, KRATZKE: That is a road to the Thorp Estates and east
side of Gardiner's Bay Estates.
TiqE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
Southold Town Board of Appeals -4-
July 27, 1961
THE CHAIRMAN: How many houses does the road to Thorps
serve?
REV. KRATZKE: About four or five. There is one house down
past us that has the same problem as we have.
THE CHAIRMAN: Are there any other questions?
(There was no response.)
The Board finds that strict application of the Ordinance would
produce unnecessary hardship and practical difficulties because this
lot is of unusu~lshape which prevents the garage fromheing placed in
line with the house. Furthermore the deed restrictions of this sub-
division sta~e that the garage must be attached to the house. The
hardship created is unique and would not be shared by all properties
alike in the immediate vicinity of this property ~nd in the same use
district because this lot is almost triangular in shape which is
unique in this location. Also, in this district this is the only
area which requires an attached garage by deed restriction. The
variance does observe the spirit of the Ordinance and would not
change the character of the district because the private road leads
to property that has a similar situation. The use will enhance the
character of the neighborhood, therefore
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was
RESOLVED that Rev. HenryKratzke be granted permission to erect
an attached garage and breezeway no closer than 10 ft. to the north-
erly property line.
Vote of the Board: Ayes:- Mr. Gitlispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis. ~
PUBLIC HEARING: Appeal No. 399 - 8:00 P.M. (E.D.S.T.), upon
application of Constantine King, 69 Further Lane, Riverhead, New
York, for a special exception in accordance with the Zoning Ordinance,
Article IV, Section 400, Subdivision 7, for permission to operate a
place of amusement. Location of property: east side Moore's Lane,
Greenport, New York, bounded north by Village of Greenport property,
east by Herzog Estate, and Sledjeski, south by H. L. Kalin and L. C.
Kalin, and Albert Herzog, Jr., and west by Moore's Lane. Fee paid $15.00.
Southold Town Board of Appeals -5- July 27~ 1961
The Chairman opened the hearing by reading application for a
special exception, 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?
STANLEY CORWIN, ESQ.~ Greenport, New York: I represent the
interests that are involved in this application. Special exception
this evening is regarding the problem of strictly the use of land.
Special exception is required because the Building Inspector regarded
this as a place of recreation. We will not take any serious objection
to that but cases show that it may be considered as a business rather
than recreation. The purpose here is to erect a building for the
purpose of erecting in it bowling alleys. This use is to be located
in an area just outside the westerly part of the Incorporated Village
of Greenport. There is a non-conforming industrial use immediately
to the north, that is the power plant of the Village of Greenport.
There is a business use along the southerly line of the property
presently occupied by Kalin's Florist. The east side of the property
is presently agricultural, although I believe the Schhol Board is
negotiating to purchase the land thereby looking to the future when
expansion of the school building will be necessary. On the south
side of the property at the west there is a one story c~e family
dwelling owned by Albert Herzog, Jr.
We have filed with the Board a plot plan showing the building
situated on the northwesterly part of the property, with off-street
parking for 62 cars on the easterly and southerly portions of the
property. Our arrangements with neighboring property owners from
whom property is being purchased provides for fencing of ~2aeir
property lines so that they will not be annoyed by parking or lights
of cars.
In regards to the Kalin property, our contract calls for the
turning around of the garage building, entrance of which now faces
the north, so that access can be had from Front Street to that
property.
I know the Board is concerned about the affect that the acquisi-
tion of these lands will have on the Herzog property and I should
like to tell the Board just what is going on with respect to that.
There are two deeds that have been executed and are being held in
escrow at the moment. This whole pro3ect is on paper before it is
Southold Town Board of Appeals -6-
July 27, 1961
formalized and finalized. We are not in a position to spend the
some $15,000 that is being paid under cantract for this property,
nor spend any considerable sums of money for architect plans until
the necessary preliminary consents have been obtained. We have a
deed which has been executed by both Kalins and Herzogs conveying
their land interests to the plot shown on the plot plan. There is
also a deed from Kalin to Mr. and Mrs. Herzog conveying them a piece
of land 10 ft. by 130 ft. on the easterly side of the Herzog prop-
erty, to give them at least, or more with respect to the overall area
of their lot. The Herzogs and Kalins have a letter from me acknow-
ledging the receipt of the two executed deeds: a copy of which I will
submit to the Board in evidence. I will also supply photostatic
copies of the two deeds at a later date.
Regarding the sewer, we can get an easement across the Herzog
property and that was to be exchanged for the extinguishment of an
existing easement for a water main running north and south across the
Kalin property. That water main was put there before Moores Lane was
put through. We are negotiating with the Village of Greenport now
for the extinguishment of that main but ~nothing has been agreed upon.
As an alternate to that we have proposed to construct a forced sewer
main which will run across Moores Lane and up the westerly side thereof
to connect to the forced sewer line of the Village of Greenport running
through the North Street extension or better known as Monsell Trail.
Permission to run that connection has been obtained from the Southold
Town Highway Superintendent. Mr. Monsell has given permission for the
connection. There is a public water supply on Moores Lane immediately
adjacent to the property which we will be using and which is satis-
factory under the rules of the Suffolk'County Board of Health.
THE'CHAIRMAN: In other words all of this is tentative as
far as receiving approval from all of the proper authorities?
MR. CORWIN: If permission is granted we propose to go ahead
with the erection of the building. The other consents have been
obtained in connection with the sewer.
THE CHAIRMAN: The problem of subdivision of land arises.
However, that will be circumvented by the trade of the two strips
of land?
Mil. CORWIN: I believe it is.
Southold Town Board of Appeals -7-
July 27, 1961
THE CHAIRMAN: Does Albert Herzog, Jr. have any connection
with the large plot of land?
MR. CORWIN: No, they only own the piece on the southwest
corner.
MR. WALTER KAPP, $outhold, New York: How far is this from the
school property?
MR. CORWIN: A little over 200 ft. from the property owned by
the school. It will be adjoining to the school property when they
consumate the pending contract with Joe Krupski. We propose to
make an offer to the school to acquire that property but there is
some question in the minds of the attorneys for the school district
as to whether they have ~ermission to do it and we have not exhaust-
ingly researched that.
THE CHAIRMAN: Are there any other questions?
(There was no response.)
THE CHAIRMAN: Is there anyone else present who wiShes to speak
for this application?
MR. CONSTAINTINE KING, Riverhead, New York: I am an agent and
representative for the Moores Lane Corporation and handle contracts
for which I am per sonally liable by reasons of negotiations. I
would like to state that there is 300 ft. between this property and
the existing property owned by the school.
MR. KAPP: What about the parking area?
CHAIRMAN: Parking is provided for 62 cars. A good deal of
overflow parking will be on Moores Lane.
MR. KING: We are providing three cars per alley. There will
be 20 lanes and it has been designed by Brunswick.
MR. ROSENBERG: You know what it says in the Ordinance about
the requisite number of parking spaces and whether you are using
Moores Lane or not is not our business. The Building Inspector
will see that what is covered in the Ordinance will be adhered to.
As far as parking space you will have to satisfy the Building
Inspector.
Southold Town Board of Appeals -8-
July 27~ 1961
~ C~IAIRMAN: Are there any other questions?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
~gainst this appl~ation?
(There was no response. )
After investigation and inspection the Board finds that the
location of this project and the plans submitted will comply with
the standards set forth in 'the Ordinance provided that all local,
County and State regulations and rules which affect this property
and the use of the premises are complied with and provided further
that if a variance is secured, if necessary, for the northerly
20 ft. by 60 ft. of the Herzog property this land may be included
in this special exception.
The survey submitted by Gordon K. Ahlers P.E. dated July 1961
is attached and forms part of this finding.
The Board further finds that the location of this project on
Moores Lane will not unduly increase traffic congestion in the area.
On motion of M_r. Gillispie, seconded by Mr. Rosenberg, it was
RESOLVED that Constantine King, a/c Moores Lane Corporation
be granted permission to use the property located on the east side
Moores Lane, shown on survey by Gordon-K. Ahters P.E., for the
construction of a building to house bowling alleys.
Substantial construction must be completed within 12 months
after issuance of a building permit which must be obtained before
August 1, 1962.
Vot~ of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
Mr. Chester Orlowski appeared before the Board for an informal
discussion relative to the property of Edward Wenz at Nassau Point,
Cutchogue,. Mr. Wenz has an odd shaped lot on a private road and
Southold Town Board of Appeals -9-
July 27, 1961
would like to erect a garage closer than 50 ft. to the front of
his lot which faces on the private road. Mr. Orlowski stated
he would file for a variance.
Mr. James Kreh appeared before the Board to discuss moving
a directional sign directing the public to the Mattituck Marina.
The sign is located on the property of Malcolm Tuthill, southwest
corner of Camp Mineola Road and New Suffolk~Avenue, Mattituck. Mr.
Kreh would like to move the sign to another portion of Mr. Tuthill's
property. The Board advised Mr. Kreh he would have to make a new
application and secure permission from Mr. Tuthill to mbve. the sign.
The minutes of the meeting of July 20, 1961, on motion of Mr.
Gillispie, seconded by Mr. Rosenberg, were approved as submitted.
Vote of the Board: Ayes:- ~r. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr, Grigonis.
The Board received a letter from George L. Penny, 3rd stating
that all the violation signs on portions of buildings which the
George L. Penny, Inc. lumber compa~ is leasing or controls, at
Greenport, have been removed as per agreement with the Board of
Appeals.
On motion of Mr. Grigonis, seconded by Mr. Bergen, the Board
of~Appeals set 7:30 P.M.~ Thursday, August 10, 1961, Town Clerk
Office, Main Road, Southold, New York as time and place for hearing
upon application of Joseph Vojick, 25 Carleton Avenue, East Islip,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 307, for permission to reduce side yard on
property located on the east side Inlet Lane, Greenport, New York,
bounded north by Manhasset Avenue, east by Gull Pond Inlet, south
by Esther Newman, and west by Inlet Lane.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, Nnd Mr. Grigonis.
On motion of Mr. Bergen, seconded by Mr. Rosenberg, the Board
of Appeals set 8:00 P.M., Thursday, August 10, 1961, Town Clerk
Office, Main Road, Southold, New York, as time and place for hearing
upon application of Chester Ortowski, a/c Edward Wenz, Vanston Road,
Nassau Point, Cutchogue, New York, for a variance in accordance with
the zoning Ordinance, Article III, Section 300, Subsection 7, for
permission to reduce setback for detached garage. Location of property:
Southold Town Board of Appeals -10-
July 27, 1961
Vanston Road and private road, Cutchogue, New York, Lot No. 199
on map of Nassau Point Club Properties.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
It was further RESOLVED that legal notice of hearing be
published in the official newspaper on August 4, 1961.'
Vote of the Board: ~es:- Mr. Gillisp~e, Mr. Bergen,
Rosenberg, and Mr. Grigonis.
The next meeting of the Southold Town Board of Appeals will
be held 7:30 P.M., Thursday, August 3, 1961, at the Town Clerk
Office, Main Road, Southold, New York.
Meeting adjourne~ at 10:45 P.I~.
Respectfully submitted,
APPROVED Boken, Secretary