Loading...
HomeMy WebLinkAboutZBA-07/03/1963 APPEAL BOARD MEMBERS Rober- W. ®[]l~spie, Jr.. Chairman Robert Bergen CharJes Gregonis, Serge Doyen Fred Hulse, Jr. SOUTHOLD, L.I., N.Y. T~leohone SO 5-2660 SOUTHOLD TOWN BOARD OF APPEALS July 3, 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Wednesday, July 3, 1963, at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr., Chairman, Robert Bergen, and Fred Hulse, Jr. Absent: Messrs. Charles Grigonis, Jr., and Serge Doyen~ Jr. PUBLIC HEARING: Appeal No. 581 - 7:30 P.M. (E.D.S.T.)~ upon application of North Fork~Shipyard, Main Street, New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance, Article IV~ Section 408, for permission to erect and maintain a roof (ridge) sign on a restaurant building. Location of property: north side Main Street, New Suffolk, New York, bounded north by M. G. Wuerstein~ east by Peconic Bay, south by John W. Mackay, and west by First Street. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. Southold Town Board of Appeals -2- July 3, 1963 THE CHAIRM3~: Is there anyone present who wishes to speak for this application? (There was no response°) (The Board discussed the proposed location of the sign. Ail agreed that it seemed to be the best location since there are buildings and boats that would obstruct the view of a sign from any other direction.) 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 operates a business which is located on the water and setback some distance from the road. This restaurant building is not completely visible from the road because of the buildings and boats located on the property. He therefore wishes to locate a sign on the ridge of the roof, 2 ft. by 20ft. designating the name of the business, "Galley Ho. Restaurant." This would be a double faced sign making it visible from the water also. 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 injured and the spirit of the Ordinance will be observed. On motion of Mr. Hulse, seconded by Mr. Bergen~ it was RESOLVED that North Fork Shipyard~ Main Street, New Suffolkt New York, be granted permission to erect and maintain a sign on the roof ridge of their restaurant building. This sign will be double faced, 2 ft. high by 20 ft. in length, with the wording "Galley HO Restaurant." vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hutse.~ Southold Town Board of Appeals -3- July 3, 1963 PUBLIC HEARING: Appeal No. 582 - 7:45 P.M. (E,D.S.T.)~ upon application of Estelle Ko Comest Cutchogue~ Sidney B. Jo~.es~ Flanders, and Arthur Mo Olsen~ 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 insufficient frontage (75 ft.) and insufficient area. Location of property: e/s Westview Drive~ Mattituck~ New York~ bounded north by A. F. Heimink, east by R. Sherwood, south by Margaret Moore and west by Westview Drive° 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 CBL~IRNiAN: Is there anyone present Who wishes to speak for this application? WALTER GEORGE KAP~i~ESQ.: I am the attorney for the appli- cants. The lots on the whole street are the same size with the exception of one. Each of the proposed lots will be 75 ft. by approximately 135 ft, (The Chairman aSked Mr. Kapp if the pictures appearing in the file were of the property in question and he said they were.) THE CHAIRMAi~: Is there anyone present who wishes to speak against this application? (There was no response°) After investigation and inspection the Board finds that the parcel in question~ 150 ft~ on Westview Drive and 135 ft. in depth~ was purchased prior to the enactment of the Zoning Ordinance with the intention of using the property as two separateparcels. The parcels are lots 83 and 84 on the unfiled map of~ "W~stview." Practically all of the lots on both Sides of!Westvi~w Drive have 75 ft. frontages and a similar application was granted on the same side of the street and same block previously. The Board finds that strict application of the Ordinance will produce practical[i~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. Southold Town Board of Appeals -4- July 3~ 1963 On motion of Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that Estel!e K. Comes, Sidney B. Jones and Arthur N. Olsen be granted permission to divide property located on the east side Westview Drive~ Mattituck, New York, into t~o~separate parcels, each having 75 ft. frontage and 135 ft. in depth. These parcels may be identified as lots 83 and 84 on the unfiled map of "Westview'~ The Board recommends against any future reduction of side yard requirements below the minimum of 10 ft. and 15 ft. as specified in the Ordinance. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: ~ppeal no. 583 - 8:00 P.M. (E.D.S.T.), upDn application of Robert Fo Tuthilt, a/c George C. & Muriel Graham, Nassau Point Road, Cutchogue~ New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 300= Subsection 7, for permission to erect an accessory building in the front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York, Lot No. 68 on Nassau Point Club Properties map, bounded north by Ridvan Gogen, east by Peconic Bay, south by Ridvan Gogen,' a~d west by Nassau Point Road. 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: Is there anyone present who wishes to speak for this application? MR. ROBERT TUTHILL spoke for the application and identified pictures of the property which appeared in the file. He a~so indicated the proposed location of the playhouse in the pictures. THE CHAIRMAN: Would this building be convertible to a garage? MR. TUTHILL: No. In fact, they are talking of building a separate garage in the future. Southold Town Board of Appeals -5- July 3, 1963 THE CF~AiRMAN: Are there any other playhouses on Nassau Point? MR. TUTHILL: I know of two others off hand. If they are still there I do not know. I helped build them sometime ago. 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 there is a practical difficulty involved if the proposed playhouse were to be placed in the rear yard, as all the houses along this road are so placed that an accessory building must be located on the road front. This house is located on the bluff overlooking Peconic Bay. There are accessory buildings on other property in the area located in the front yard 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. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that Robert F. Tuthilt, a/c George Co and Muriel Graham be granted permission to erect a playhouse in the front yard area at least 100 ft. from Nassau Point Road and at least 5 ft. from any side property line. This property is located on the east side Nassau Point Road, Cutchogue, New York. vote of the Board: Ayes:- Mr. Giltispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal NO. 584 - 8:15 P.M. (E.D.S.T.)~ upon application of Robert Bransfie]d, 4 Manhasset Avenue~ Seldenf New York, for a special exception in accordance with the Zoning Ordinance, ~rticle III, Section 306~ for permission to reduce the front yard Setback on a corner lot to 10 ft. on one corner. Location of property: southwest corner of Second Avenue and Mill Road, Peconic, New York, Lot No. 115 onmap of Peconic Shores NO. 2. Southold Town Board of Appeals -6- July 3~ 1963 Property bounded north by Second Avenue, east by Mill Road, south by Norbert V. Mullio, and west by Millie Bailey. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exception, 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? MR. ROBERT BRANSFIELD spoke in favor of the application. THE CHAIRMAN: Would you have any objection to placing the house 5 ft. from the southerly lines that would give you a 15 ft. setback from Second Avenue. MR. BRANSFIELD: I would have no objection at all. THE CHAIRMAN: When did you buy this lot? MR. BRANSFIELD: Last month. THE CHAIRMAN: Who owned it before? MR. BRANSFIELD: The people who owned it had a house on it that burned down about 20 years ago and they have had it all this 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 this is a single lot 45 ft. by 100 ft. established many years prior to the enactment of the Zoning Ordinance. To deny this applicant a building permit would in effect deny him the use of his property. It is believed that a reduction to 15 ft. in the front yard setback would be reasonable in this area since several other properties are built upon close to the front property line. Southold Town Board of Appeals -7- July 3~ 1963 The Board finds that the public convenience and we]~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 gpi~it of the Ordinance will be observed. On motion of Mro Gillispie, seconded by Mro Hulse, it was RESOLVED that Robert Jo Bransfietd be granted permission to reduce the front yard setback on a corner lot located on Second Avenue and Mill Road, Peconic~ to 15 ft. on Second Avenue. The setback on Mill Road shall be 40 feet and from the southerly side line 5 feet. The setback from the westerly line shall be 25 ft. as requested. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mr. Hulse. PUBLIC ~EARING: Appeal No. 567 - Upon application of Mortimer G. Conkling, Sterling Road, Cutchogue, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to reduce the westerly side yard setback at the northwest corner by tl inches. Location of property: south side Sterling Road~ Cutchogue, New York, part of Lot NO. 150 on map of Nassau Farms, bounded north by Sterling Road, -east by Van Der Beek, south by Searing and Overton and west by Senko. Fee paid $5.00° This hearing had been recessed from May 23, 1963. The Chairman reread the legal notice of hearing, affidavit attestirg to its publication in the official newspaper and minutes of the meeting of May 23, 1963 pertaining to Appeal No. 567. THE CHAIRMAN: Was Mr. Senko successful in buying additional land? MR. JOBIN HAPONIC, Builder: I have not heard anything from him and neither have the Conklings. THE CHAIRMAN: W~at did you decide after looking over the sitnation relative to making it conform? Southold Town Board of Appeals -8- July 3, 1963 MR. HAPONIC: I was talking with the electrician and he says it is a problem. The electric was continued under the garage floor according to the Long Island Lighting code. The floor would have to be ripped up. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) (Mr. and Mrs. Conkling appeared and the Board thoroughly discussed the situation ~ith them. They stated, as did Mr. Haponic, that the error was unintentional, but to correct it now would almost be an impossibility due to the constructzon of the garage.) After investigation and inspection the Board finds that an honest error was made in this instance and the Board recognizes that the so-called honest error is not a legitimate reason for granting a variance but we are enforced in our belief% this variance should be granted by the fact that nei~her on June 20th, the adjourned date of the original hearing, nor this date did Mr. Senko, the principal ob3ectort appear. Further, it has been determined that the electric service which has been installed below concrete would be extremely difficult to move. We ~ave also learned from survey o~ Otto W. Van Tuyl & Son dated April 25t 1963 that the original houses constructed on the a~joining lots of Conkling and Senko~ apparently neither of .the two houses were constructed parallel to the side yards, nor were they parallel with the street line which further increased the possibility o f error in making an addition to this house. 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. Southold Town Board of Appeals -9- July 3~ 1963 On motion of Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED that Mortimer G. Conkling be granted permission to reduce his westerly-side yard set~ack at the northwest corner of his dwelling to 93. f~. 1 in. Location of property: part of Lot NOo 150 on map of Nassau Farms, south side Sterling Road, Cutchogue, New York. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Gillispie, seconded by Mr. Hulset it was RESOLVED that the minutes of June 20t 1963 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. In accordance with a letter from Curtis W. Horton of the Cutchogue Fire Department, on motion of Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Cu%chogue Fire DepartmenZ be granted permission to display posters in the Town oflSouthold advertising the "North Fork Firemen's Day" to be heldJUly 13, 1963. These posters should be removed promptly, after the event on July 13, 1963. It is believed this is in the public interest. It is specifically forbidden to place these posters on utility poles or on private property without permission. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mro Hulse. The next meeting of the Southold Town B0ard of Appeals will be held 7:30 P.M., Thursday, July 18, 1963, Town~ Office~ Main Road, Southold, New York. S~uthold Town Board of Appeals -10- July 3, 1963 On motion of Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED that the Board of Ap~eals set 7:30 P.M. (E.D.S.T.), Thursday, July 18~ 1963, Town office, Main Road, Southold, New York as time and place for hearing upon application ofPeter Karas, a/c Greenport~Snack Bar, Main Road, Greenport, New York for a special exception in accordance with the Zoning Ordinance,. Article IV~ Section 408, for permission to erect and maintaina second groun~ sign on business property located on the 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 ~ndrew Zipko Estate. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Bergen~ seconded by Mr. Hutse~ it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.D.S.T.), Thursday, July 18, 1963~ Town Office, Main Road, Southotd, New York as time and place for hearing upon application of Frank R. Nichols, Nassau Point,Cutchogue, New York, for a variance in accord- ance with the Zoning Ordinance, Argicle III, Section 303 and Article X, Section 1000A, for permission to dirge proparty into two lots each having less than 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, Scuthold, New York~ bounded north by Mlnnehaha Boulevard, east by Henry Aldrich~ scu th by Hardy Iverson, and west by Minnehaha Boulevard and Hardy Iversono vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Hulse, seconded by Mre Gil~!iSpi'e~, it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, July 18~ 1963, TOWn Office, Main Road, Southold, New York as time and place for hearing upon application of William Wickham, a/c Wilhelmina S. Dietz, Deep Hole Drive, Mattituck, New York, for a variance in accordance with the Zoning ordinance, Article iii, Section 303 and Article X, Section 1000A, for pa rmission to divide property leaving two lots with insufficient frontage. Southold Town Board of Appeals -11- July 3~. 1963 Location of property: south side Deep Hole Drive, Mattituck~ New York, bonnded north by Deep Hole Drive, east by James Bart, south by Deep Hote ~reek, and west by other land ofWilhel~ina S~ Dietz. Vote of the Board: Ayes:- Mr, Gillispie~ Mr. Bergen~ and Mr. Hulse. On motion of Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 8:15 P~M. (E.D.S.T.)~ Thursday, July 18~ 19B~Town Office, Main Road, Southold, New York as time and place for hearing upon application or'Stanley S. 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 280A. 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. Vote of the Board: Ayes:- Mr. G±llis~ie, Mr. Sergen~ and Mr. Hulse~ It was FURTHER RESOLVED that legal notice of hearings be published in the official newspaper on july 12, ~ 1963. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mro Hulse. Meeting adjourned at 9:~5' P.M. Respectfully submitted, J~Juudith T. Boken~ Secretary