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HomeMy WebLinkAboutZBA-07/18/1963 APPEAL BOARD MEMBERS Robert W. ®il]isoie ,Jr., Cheirme[ Roberf ~,ergen CharJes Grec_~n]s ,Jr. Serge Doyen. Jr. Fred Hulse, Jr. SOUTHOLD, L. I., N.Y. Telephone SO 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS July 18, 1963 A regular meeting~ of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, July 18~ 1963 at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie~ Jr., Chairman, Robert Bergen~ Charles Grigonis, Jr., and Fred Hulse, Jr. Absent: Mr. Serge Doyen~ Jr. PUBLIC BlZ. ARING: Appeal No. 58~, 7:30 P.M. (E.D.S.T.), upon application of:Peter Karas, a/c Greenp~t Snack Bar, Main ~oad, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain a second ground sign on business property located on t~ north side Main Road, Greenport, New York, bounded north by Municipal Water Plant, east by Municipal Water Plant, south by Main Road, and west by Andrew Zipko Estate. Fee paid $5.00. Southold Town Board of Appeals -2- July 18~ 1963 The Chairman opened the hearin~ by reading application for a special exception~ legal notice oft he hearing , affidavit attesting t~ its publication in the official newspaper and notice to the applicant. (Mr. Peter Karas appeared and identified the pictures taken of his business establishment "Greenport Snack Bar" which appear in the file.) THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. PETER KARAS: There are two purposes the requested sign will serve for the establishment. I believe it will improve the tourist trade which is 85% of my businesso Second it will bring better understanding between admirers of the ballgames and the establishment. I then won't have to go out and tell them that the parking area is for the customers° THE CHAIRMAN: You now have a non-conforming sign on the fence which indicates private parking. MR. KARAS: No one pays any attention to it. I need a second ground sign in that location. The ground sign I now have is not visible enought from the west going east. People cannot see it because of the trees which have grown near it. TP~ CHAIRMAN: Have you spoken to the police about the people parking on your property? MR. KARAS: No, I don't want to do that. I don~t want to hurt anyone's feelings~ (The Chairman suggested that~Mr. Karas erect a f~nce at the boundazy of his property to indicate that the parking is for his patrons only. He also suggested that Mr. Karas move the existing pole sign to a location on the property where it would be visible instead of erecting a second ground sign. This sign could be placed anywhere on the property within five feet of the property line. He could also add the words "curb service" to it as long as it does not exceed the specified height nor is closer to the ground than 5 feet.) (Mr. Karas still insisted that he needs the second ground sign~ at least temporarilY to indicate his cur~ service and parking area. The Board advised a second sign would not be permitted.) Southold Town Board of Appeals -3- July 18, 1963 THE CHAIRMAN: Is there anyone present who wishes to speak mgainst this application? (There was no response. ) After investigatkn and inspection the Board finds that the applicant wishes to add a second ground sign to his business property which is located on the north side of Route 25, Greenport, known as the "Greenport Snack Bar." There presently exists an electric ground sign and a roof sign on the building which was granted as a special exception by the Board or'Appeals previously. The Board does not feel it would be in the public interest to permit a second ground smgn on this business property. However the Board wishes to be as helpful as possible and ms willing to authorize Mr. Karas to relocate the present electric ground sign to any part of his property at least 5 ft. from any property line and add to the sign at ~he lower edge the words "curb service" providing those words are not larger than the letters "Snack Bar" appearing presently on the sign. This would solve Mr. Karas' problem of identifying the place of busmness and eliminate the necessity of two ground signs which the Board is unwilling to grant° On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that~Peter Karas be denied permission to erect a second ground sign on his property located on the north side Route 25, Greenpokt. However, Mr. Karas may move his existing ground sign to any other part of the property within 5 ft. of any properuy line and add the words "curb service~ to the lower edge of the sign in letters no larger than "Snack Bar" appearing now on the sign. The lower edge of this sign must be at least 5 ft. from the ground level. Vote of the Board: Ayes:- Mr. Gillispie, Mro Bergen, Mr. Grigonis, and Mr. Hulse. Southold Town Board of Appeals -4- July t8~ 1963 PUBLIC HEARING: Appeal No. 587 - 7:45'P.M. (E.D.S.T.), upon application of Frank R. Nichols, Nassau Point, 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 into two lots each having less ~tDan 100 ft. frontage and containing less than 12,500 sq. ft. in area. Location of property: Lots 46 and 72 on unfiled map of Laughing Waters, south side and east side of Minnehaha Boulevard, Southo!d, New York, bounded north by Minnehaha Boulevard, east by H~ry Aldrich, south by Hardy Iverson~ and west by Minnehaha Boulevard and Hardy Iversono 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 notice to the applicant. THE CHAIRMAN: Isthere anyone present who wishes to speak for this application? WILLIAM WICKHAM, ESQ.: I appear for the applicant. By 1959 the applicant had acquired quite a number of lots in this area° They were all sold prior to the time the Zoning Ordinance went into effect except three or four which have been sold since then, but the two in question are the only two left belonging to Mr. Nichols. This development was laid out quite a number of years ago and were laid out in small lots. The owner himself plans to build on the lots. The two lots are only joined by 40 feet on the rear. TP~ CHAIRMAN: Is there anyone present who wishes to speak against this appli~tion? (There was no response°) After investigation and inspection the Board finds that the applicant has two lots, each fronting on different streets: joined by 40 ft. in the rear. It is obviously impossible to obtain the benefit of both lots for one dwelling° This is a neighborhood where the majority of the adjoining property owners have built on less than 100 ft~ frontage and less than 12,500 sq. ft. of area. Southold Town Board of Appeals -5- July 18~ 1963 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. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Frank R. Nichols be granted permission to divide his property~ Lots 46 and 72 on unfiled map of Laughing Waters, into two separate lots, each having reduced frontage and area. Location of Lot 46: North by Hardy Iverson - Lot 47, and Frank R. Nichols - Lot 72, East by Henry Aldrich - Lot 73, South by Hardy Iverson - Lot 45, and West by Minnehaha Boulevard. Location of Lot 72: North by Minnehaha Boulevard, East by Henry A~drich - Lot 73, South by Frank R. Nichols - Lot 46, and West by Hardy Iverson,- Lot 47. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, ~Lr. Hulse, and Mr. Grigonis. PUBLIC ~EARING: Appeal No. 588 - 8:00 P.M. (E.D.S.T.), upon application of William Wickham, a/c Wilhelmina S. Dietz~ Deep Hole Drive, Mattituck, New York, for a variance in accord- ance with the Zoning Ordinancer Article III, Section 303 and Article X, Section 1000A~ for permission todivide property l~&ving two lots with insufficient frontage. Location of property: south side Deep Hole Drive, Mattituck~ New York, bounded north by Deep Hole Drive, east by James Barr, south by Deep Hole Creek, and west by other land of Wilhelmina S. Dietz. 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 notice to the applicant. T~E CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -6- July 18~ 1963 WILLIAMWICKHAM, ESQ.: I represent the applicant. I have a map here which shows the location of the three houses prior to receiving permission to move them. (Mr. Wickham identified pictures of the property appearing in the file.) THE CHAIRMAN: Is there anyone present Who wishes to speak against this application? (There was no response.) (Mr~ George Dietz appeared with Mr. Wickham to answer any questions the Board might have.) After investigation and inspection the Board finds that the applicant has a large parcel of land 311 fto widening to 410 ft. on, Deep Hole Creek. The depth is 340 ft~ on the west and 495 ft. on the east. The Board is in agreement with the division of the property as proposed by the applicant. The Board does not feel, however, that the west lot, the larger of the three, should be divided any further in the future. The location of the houses on the lots are satisfactory~ each has sufficient setback and side yards° The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hard- ship created is unique and wouldnot 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 a~d will notchange the character ofthe district. On motion of Mr. Giltispie~ seconded by Mr. Grigonis, it was RESOLVED that William Wickham~ a/c Wilhelmina S. Dietz be granted permission to divide her property leaving two lots with insufficient frontage and area. The easterly lot shall have a 75 ft. frontage by 495 ft. in depth on the easterly side and 430 ft. on the westerly side. The center lot shall have 81 ft. frontage o~ Deep Hole Drive by 430 ft. in depth on the easterly side and 380 ft. on the westerly side. The remaining lot on the west is 155 ft. cn Deep Hole Drive by 380 ft. in depth on the easterly side and 340 ft. on the westerly side. Southold Town Board of Appeals -7- July 18~ 1963 Vote of the Board: Grigonis~ and Mr. Hulse. Ayes:- Mr. Gillisple, Mr. Bergen~ Mr. PUBLIC HEARING: Appeal No. 589 - 8:15 P.M. (E.D.S.T.), upon application of Stanley So Corwin~ a/c Andreas Wagner and Rose Wagner, 3126 Hull Avenue~ Bronx, New York~ for recognition of access in accordance with New York State Town Law, Section 280Ao Location of property: Stars Road, East Marion, New York, bounded north by Frank Frumenti, east by G. Schroeder, south by C. Stars, and west by Stars Road. Fee paid $5.00. The Chairman opened the hearing by reading application for recognition of access, legal notice of hearing, affidavit of hearing publication and notice to the applicant. THE CPIAIRMAN: Is there anyone present who wishes to speak for this application? STANLEY S. CORWIN; ESQ.: I appear on behalf of the applicant. The road in question is shown on this map of the proposed subdivision of Costas Stars to be known as "Stars Manor". The lot of the Wagners is at the end of Mr. Stars~ Open Development Area and just before the beginning of the proposed subdivision that is in the process of being considered by the proper authorities. THE CHA/RMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigat~n and inspection the Board finds that the lot in question is the last remaining of a series in an Open Development Area of Costas Stars. It ~ between the Open Develop- ~eht Area and the proposed subdivision of Costas Stars to be known as "Stars Manor" which is in the process of being approved by the Sou~ old Town Planning Board. The road~ from either the North or South is found to be in good condition and completely passable for access. Southold Town Board of Appeals -8- July 18, 1963 The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created i~ 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 Mr. Bergen, it was RESOLVED that Andreas Wagner and Rose Wag~erbe granted reco~ition of access to their lot located on Stars Road, East Marion= New York. Access is granted from Main State Road northerly to the Wagner !ot~ or from Aquaview Avenue or Cedar Lane and Stars Road southerly to the Wagner lot. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and ~tr. Hulse. On motion of Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the minutes of July 3, 1963 be approved as corrected. vote of the Board: Ayes:- Grigonis, and Mr. Hulse. On motion of Mr. Grigonis, Mr. Gillispie, Mr. Bergen, Mr~ seconded by Mr. Bergen~ it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S.T.), Thursday, August 8, 1963, Town Office, Main Road, Southold, New York~ as time and place for hearing upon application of Grumman Aircraft Engineering corporation, South Oyster Bay Road, Bethpage, New York~ for a v~ lance in accordance with the Zoning ordin~ce, Article III~ Section 300, fo~ permission to extend the time limit for temporary restricted installation. Location of property: private road, north side of land of B. D. Latham Estates Orient Point~ New York. Southold Town Board of Appeals -9- July 18, 1963 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mro Grigonis~ and Mr. Hulse. A representative of Grumman Aircraft Engineering Corp. appeared before the Board to explain that an additional one year extension is necessary to complete their studies. Orient Point is the only spot available on Long Island for this project. The nearest point would be Stewart, Florida and that is not at all convenient. On motion of Mr. Bergen~ seconded by-Mr. Hulse, it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.D.S.T.), Thursday, August 8, 1963, Town Office, Main Road, Southold, New York as time and place for hearing upon application of A. Reilly & Sons~ Inc., a/c Frederick~A. Reiff, Mattituck, New York, for variance in accordance with the Zoning Ordinance, Article III, Section 303 for permission to erect and maintain a dwelling on lot with reduced frontage. Location of property: south side Westview Drive, Mattituck, New York, bounded eas~ by John F. Burns, north by Westview Drive, south by Mattituck Creek, and west by Mason . Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. A letter was to be forwarded to A. Reilly & Sons~ Inc. stating that in examinIng the file the Board found that the application for a building permit shows a side yard reduced to 6 feet on the embterly Side of the property. If a v~rlance is granted by the Board for a reduced frontage of 64.63 feet the Board will certainly require that the customary side yards of 10 ft. and 15 ft. be observed. It was further RESOLVED that legal notice of hearings be published in the official newspaper on August 2, 1963. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Grigonis, and Mr. Hulse. The next meeting of the Board of Appeals will be held 7:30 P.M.~ Thursday, July 25, l~n%~_~he Town Office~ Ma'in Road, southold, ¥or .