Loading...
HomeMy WebLinkAboutZBA-08/08/1963SOUTHOLD, L. !., N.Y Teleohone SO 52660 APPEAL BOARD MEMBERS Roberf 'W'. ®iHboie Jr, Cha?rman Robeff Bergen -l~'~b o r.~ ~ Chares Grecjonls ,~r. Serge Doyen: ,Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS August 8, 1963 A regular meeting of the Southold ~Town Board of Appeals was held 7:30 P.M., Thursday, August 8, 1963 at the Town Office, Main Road~ Southold, New York. There were present: Messrs. Robert W. Gitlispie, Jr., Chairman, Robert Bergen, Charles Grigonis, Jr., and Fred Hulse, Jr. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 590 - upon application of Grumman Aircraft En South Oyster Bay Road, Bethpage, New Yo accordance with the Zoning Ordinance, A for permission to extend the time limit installation. Location of property: p land of B. D. Latham Estate, Orient Poi $5.00~ Y:30 P.M. (E.D.S.T.), Fineering Corporation~ ~k~ for a variance in ~ticle III, Section 300, for a temporary restricted ~ivate road, north side of ~t, New York~ Fee paid So~thold Town Board of Appeals -2- August 8, 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 CHAI~: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: A representative of Grumman told us that they arein~olved in a high priority defense job on plane detection and it is necessary to extend the time limit further. Is there anyone present who wishes to speak against this application? (There was no response.) This Appeal No. 590 is for the extension to April 30~ 1964 of permission granted by the Board of Appeals previously for the temporary use of land to maintain a radio telemetering antenna building and ground equipment used for conducting radio test work for military aircraft being produced by Grumman for the United States Government. There is a radio telemetering truck and ground equipment involved in this operation. Telemetering is best conducted in an area free from inter- ference and for this particular project at or near a shore line. The location of the temporary building and equipment on the further- most easterly point of land on the northern shore of Long Island on or about the northerly side of open farm land - approximately 55 acres - is the most advantageous site for the operation. This ~s a classified project and directly concerned with national security. This being a proprietary project and not governmental the applicant is required to observe the conditions of the Ordinance involved in this matter. After investigation and inspection the Board finds an un- necessary hardship would exist if the temporary use of the land for the stated purpose would be denied° Southold Town Board of Appeals -3- August 8, 1963 Topographically this property is unique for the pro3ect and will be the only operation of its kind on Long Island. The Character of the district would not be changed by the location of this temporary operation. On motion of Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Grumman Aircraft Engineering Corporation be granted permission to extend the time limit of their temporary operation on the property of B. D. Latham Estate, Orient,Point, New York~ until April 30, 1964. Vote of the Board: Ayes:- Mr. Gitlispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S.T.), Thursday, August 22, 1963, Town Office, Main Road, Southold, New york astime and place for hearing upon application of Gene E. Kleinsmith, Peconic Bay Boulevard, Laurel, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306, for permission to erect a dwelling with a reduced f~nt yard setback of 6 ft. on a private right-of-way. Location of property: S 3/4 of lot 4 and N 1/4 of lot 5 onmap of Elizabeth Mesrobian, on a private road on the south side of Peconic Bay Boulevard, Laurel, New York, bounded north by T. Fleschutz, east by Brush~s Cre~k, south by E. G. Best~ and west by private road (Mesrobian Drive.) vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. On motion of Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 7:50 P.M. (E.D.S.T.), Thursday, August 22, 1963, Town Office~ Main Road, Southold, New York as time and place for hearing upon application of William E. Golder, a/c Southold Pharmacy, Main Street, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article ~V, Section 408, Subsection (b) 1, for permission to erect and maintain a wall sign containing in excess of the Southold Town Board of Appeals -4- August 8, 1963 maximum square footage permitted: Location of property: north side Main Street, Southold, New York, bounded north by John Bucci, east by J. Krupski - Johnson, so~th by Main Street, and west by K. Pylko. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. On motion of Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, August 22, 1963, Town Office, Main Road~ Southold,New York as time and place for hearing ~pon application of John R. Jean Edler, Cleaves Point Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III~' Section 300, Subsection 7, for permission to maintain an accessory building in the side yard area. Location of property: Lot No. on map of Marion Manor~ south side Cleaves Point Road, East Marion, New York, bounded north by Cleaves Point Road~ east by Martin Meyer, Lot 3, south by Gardiners Bay, and west by Peter Blan~ Lot 5. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergent Mro Grigonis, and Mr. Hulse. On motion of Mr. Hulse, seconded by Mr. Gillispie~ it was RESOLVED that the Board of Appeals set 8:15 P.M. (E.D.S.T.), Thursday, August 22, 1963~ Town Office, Main Road, Southold, New York, as time and place for hearing upon application of Michael Razzano, Sunset Way, Southold, New York, for a variance in accord- ance with the Zoning Ordinance, Article IIIz Section 300, Subsecticn 7, for permission to erect an accessory building in the front yard areac Location of property: south side Sunset Way~ Southold, New York, Lot No. 164 on map of Cedar Beach Park, bounded north by Sunset Way~ east by Samuel Grimson, Lot 165~ south by Cedar Beach Harbor, and west by Francis W. Campbell, Lot 163. vote of the Board: Ayes:- Mr. Gii!ispiet Mr. Bergen, Mr. Grigonis, and Mro Hulse. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was Southold Town Board of Appeals -5- August 8, 1963 RESOLVED that the Board of Appeals set 8:30 P.M. (E.D.S.T.)~ Thursday~ August 22~ 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of Yennicotte, Inc., Bayview 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 a directional sign for "The Heritage." Location of sign: on the property of Antone Surozenski, south side Route 25, Southold, New York, bounded north by Main Road, east, south and west by Michael Surozenski. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. On moti~ of Mr. Bergen, seconded by Mr. Grigonis: it was RESOLVED that the Board of Appeals set 8:40 P.M. (E.D.S.T.)~ Thursday, August 22, 1963, Town Office, Main Road, Southo!d~ New York as time and place for hearing upon application of Yennicotte, Inc., Bayview Road, Southold, New York, for a special exception in accordance with the Zoning Ordinances Article III, Secticn 300~ Subsection 11, for permission to erect and maintain a directional sign for "The Heritage." Location of sign: on the property of Lefferts P. Edson~ easterly side of Bayview Road, Southold, New York, bounded north by Jacob's Lane, east, south and west by Bayview Road. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigo nis, and Mr. Hulse. On motion of Mr. Grigonis, seconded by Mr. Hulse, it was ~SOLVED that the Board of Appeals set 9:00 P.M. (E.D.S.T.), Thursday, August 22, 1963, Town Office, Main Road, Southold~ New Y~k 'as time and place for hearing upDn application of Howard K. Wells, South Drive, Mattituck, Ne%~ York, for a variance in accord- ance with the Zoning Ordinance~ Article iii, Section 300, Sub- section 7, for permission to erect an .accessory building on the front yard area. Location of property: Lot G on map of Shore Acres, southeast side of South Drive and Bayview Avenue, Mattituck, New York, bounded north by Bayview Avenue, south by Mabel H. Duryee, Lot F, and west by South Drive. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Grigonis~ and Mr. Hulse. Southold Town Board of Appeals -6- August 8~ 1963 It was further RESOLVED that legal notice of the hearings be published in the official newspaper The Suffolk Times on Friday~ August 16, 1963. Vote of the Board: A~s:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. PUBLIC ME. ARIS~G: Appeal No. 591 - 7:45 P.M. (E.D.S.T.), upon application of A. Reilly & Sons, Inc., a/cFRederick A. Re!ff, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 for permission to erect a dwelling on a lot with reduced frontage. Location of property: south side Westview Drive, Mattituck, New York~ bounded north by Westview Drive, east by John F. Burns, south by Mattituck Creek, and west by Mason. Fee paid $5.00. The Chairman opened the t~aring by reading application for a varlance, 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. ARNOLD REILLY: I would like to go along with your findings as stated in your letter to me that the side yards be 10 ft. and 15 ft. I informed Mr. Reiff to that effect. THE CF~AIRMAN: Excellent. There is no way of getting more area out of these lots and a variance should be granted but the side yards must be adhered to. 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 purchased a lot 64.63 ft. in 1958. The reason this parcel was sold at less than 100 ft. was because the owner, the Mason Brothers, ~a~ted to leave a 200 ft. even balance. Southold Town Board of Appeals -7- August 8, 1963 There are several lots to the east which were originally divided out as 64 ft, frontage and many other undersized lots in the area. 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 will not change the character of the district. On motion of Mr. Bergen, secon~edby Mr. Hulse, it was RESOLVED that Arnold Reilty and Sons, Inc., a/c Frederick A. Reiff be granted permission to erect a dwelling on a lot with reduced frontage of 64.63 feet. It is a condition of the granting of this variance that the side yards on this lot shall be at least 10 ft. on one side and 15 ft. on the other side. Location of property: New York, Vote of the Board: Grigonis, and Mr. Hulse. south side Westview Drive, Mattituck~ Ayes:- Mr. Gillispie, Mr. Bergen, Mr. PUBLIC HEARING: Appeal No. 593 - 8:00 P.M. (E.D.S.T.)~ upon application of James Wasson, Peconic Bay Boulevard, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A~ for permission to divide propert~ into two lots with insufficient frontage and area. Location of property: (private road), north side East Legion Avenue, Mattituck~ New York~ bounded north by A. W. Boutcher Estate~ east by Chazles Weber, southby East Legzon Avenue, and west by Cecelia Klein. 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 no~ce to the applicant. Southold TownBoard of Appeals -8- August 8, 1963 THE C~qAIRMAN: 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.) After investigation and inspection the Board finds that the applicant owns a parcel of land 120 ft. on East Legion Avenue~ a private road~ in Mattituck~ upon which two single family drillings are erected~ In order to sell one of the dwellingsit is necessary to divide the property into two single Iots~ each containing in- sufficient frontage and area. The Board is agreeable to the division of the property since the houses and lots upon which they are erected have been used separately for many years° The depth of each lot would be over 220 feet. 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 will not change the character of the district. On motion of Mr. Gillispie~ seconded by Mro Grigonis~ itwas RESOLVED that James Wasson be granted permission to divide his property located on the north side of East Legion Avenue~ Mattituck~ New York~ into two single lots with dwellings thereon° The westerly lot shall be 55 fro on the front~. 53 ft. on the rear, 220 ft. in depth on the west and 230 ft. in depth on the east° The easterly lot shall be 65 ft. on the fronts 60 ft. on the rears 230 ft. on the west and 250 ft. on the east. Vote of the Board: Ayes:- Mro Gillispie~ Mro Bergen~ Mr. Grigonis~ and Mr° Hulseo Southold Town Board of Appeals -9- August 8~ 1963 PUBLIC HEARING: Appeal No. 592 - 8:15 P.M. (EiD. S.T.)~ upon application of Margaret Saltus~ 14 Gramercy Avenue~ Yonkers, New York~ for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 306~ f~ permission to reduce front yard setback on a corner loto Location of property: southeast side of Bayview Drive and Knoll Circle~ East Marion, New York~ pa~t of lot 38 on map of Gardiners Bay Estates,. bounded north by Bayview Drive, east by'Lot 15 - Dorothy Ko Smith~ south by'Lot 37 - Charles Fo Atz~ and west by Knoll Circle. Fee paid $5.00. The Chairman opened the hearing by reading application fora special exception ~ legal notice of hearings 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? (Mro James Olsen appeared for the applicant° He discussed the location of the cesspool and also the layout of the house°) TME CPiA/RMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Bcard finds that the applicant has an irregular shaped and undersized lot. The irregular shape came about when the previous owner~ who also owns an adjoining lot with a dwelling thereon~ found it necessary to increase the size of the lot with the dwelling thereby creating the irregular shape of the lot under application° This is a corner lot and because it is undersized it is necessary to reduce the front yard setback to 25 feet on the north and west corners of the house. An adjoining house has a setback of 23 feet. The Board 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 will not be permanently or substantially in3ured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals -10- August 8~ 1963 On motion of Mro Grigonis~. seconded by Mr. Bergen, it was RESOLVED that Margaret Saltus be granted permission to reduce the front yard setback on a corner lot to 25 feet. Location of the property: southeast side of Bayview Drive and Knoll Circle, East Marion~ New York, part of lot 38 on map of Gardiners Bay Estates. Vote of the Board: Ayes:- Mr. Gillispt~ Mr. Bergen~ Mr. Grigonis, and Mro Hulse~ At 8:30 P.M. Approximately 25 property owners in the vicinity of the Amfar Asphalt Plantat Naugles Drive, Mattituck~ operating on the property of Mattituck Docks~ InCo~ appeared to protest the continued operation of the plant. Mr. Peter Vignes was spokesman for the group~ however many others present spoke in opposition. The~hairman first, explained the operation~ stating that he has talked with an individual in the road construction and machinery business and his observation with respect to the plant is that it is really very mild compared3 to some others that are operating. He stated that it is certainly infinitely cheaper to have this mixed for the construction of the new road in Mattituck rather than have it imported a considerable distance. The cost_~ could be 25% higher than before. This is a temporary proposition granted until October 1~ 1963 in a "C" Industrial District which was established at the inception of Zoning. The permission for the asphalt plant was granted by the Board of Appeals on May 23~ 1963. He stated that asphalt must be laid at a warm temperature and New York State prohibits it being laid at below 58°. Those protesting the plant said that it is a health menace~ fire hazard, cause of air contamination and pollution, source of foul odors and noxious fumes~ smoke, poisonous dust~ ground vibration and a general nuisance~ not to mention driving hazards d~e to littering of roads caused by spillage of trap-rock from over- loaded and speeding trucks. A petition containing 60 n~mes had been presented to H. Lee Dennison~ Suffolk County F~xecutive, with copies for the Board of~Appea~ supervisor Albertson~ and Dr. Leone of the Suffolk County Health Department. Southold Town Board of Appeals -11- August 8~ 1963 Mr. Ferrero~ a representative ot the plantt stated that a washer has been set up improperly and was not washing the smoke and dust properly and they expected to have it fixed momentarily. The Chairman stated they would write a letter to supervisor Albertson relative to this matter and send copies to County Executive DenniSon and Dro Leone and in the meantime there should be a report from the Health Department on their investigation of the matter. The Chair~man also suggested that the group speak to Supervisor Albertson regarding their objections. The recessed hearing on Appeal No. 565 of Edwin H. King was further recessed for two weeks upon request of counsels. Meeting adjourned at 10:15 P.M- Respectfully submitted~ Judith To Boken~ Secretary