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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 Southold Town Board of Appeals -2- 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