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HomeMy WebLinkAboutZBA-06/07/1962 -~OUTHOLD, L.I., N.Y Tmreohone SO 5-2660 APPEAL BOARD MEMBERS Robert W. GilJ]soie: ur., Chairman Robert ~ergen Herbert Rosenberg Charb~ GregonL, J-. Serge Doyen, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS June 7, 1962 A regular meetingof the Southold Town Board of Appeals was held 7:30 P-M.s Thursday, June 7~ 1962 at the Town Clerk Office, Main Road~ ~Southold, New York° There were present: Messrs. Robert W. Gillispie, Jr.~ Chairman~ Ee~be~t Rosenberg, and Charles Grigonis~ Jr. Absent: Messrs. Robert Bergen and Serge Doyens Jr. PUBLIC HEARING: Appeal No. 463 - 7:30 P.M. (E.D.S.T.), upon application of Robert Ketcham~ Jr., East Marion , New York~ a/c Park Diner~ Gremnports New York, for a special exception in accordance with the Zoning Ordinance~ Article IV, Section 408~ for permission to erect and maintain a directional sign on the property of Charles Sage, south side Route 25, west of Sage Boulevards Arshamomaques New York° Fee paid $5°00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting Southold Tc~n Board of Appeals -2- June 7~ 1962 to its publication zn the official newspaper and notification of the hearing to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT KE~2HAM, JR., East Marion~ New York: I do~ I have the letter of permission from Mr. Sage which grants permission to put a sign on his property in compliance with the rules and regulations. However~ I forgot to bring it. THE CHAIRMAN: What zone is this in? MR. KETCHAM: Business° MR. ROSENBERG: Where will the sign be? MR. KETCHAM: Approximately 100 yards westerly from the railroad overpass on the west~ side of Sage Boulevard, the south side of Route 25° There is an open field and Mro Sage owns to the middle of that field. Itwill be to the east of that field along the edge. I request that open 5'A.M. be allowed on the sign for the benefit of the fishermen who come to Town early in the morning. He would also like to have the words "meals at a moderate rate'~ included. THE CHAIRMAN: Open 5 A.M. I think is important, however the words "meals at a moderate rate" is not necessary because the word "Diner" would indicate that. We cannot allow you to put those words on the sign. Nd{. ROSENBERG: I also think people would object to the 10:00 P.M. others are not allowed that . I do think '%pen 5'A.M."is important however. THE CHAIRMAN: Ix there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -3- June 7~ 1962 This is an application for a special exception to ereCt a directional sign. The Park Diner does not have any sign off premises and they have no means of informing transients that they are open at 5'A.M.~ especially for the t~nefit of fishermen. The Board feels that a sign no larger than 6 ft. by 4 ft. and bearing the words "In Greenpokt~ Park'Diner, Open 5 A.M." would comply with the standards set forth in the Ordinance° This sign permit should be issued for one year. 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, therefore On motion of Mr. Gillisple~ seconded by Mr. Grigonls~ it was RESOLVED that Robert Ketcham~ Jr. be granted permission to erect a directional sign for-Park Diner on the property of Charles Sage, south side Route 25, west of Sage Boulevard~ Arshamomaque. Wording on the si~gn to be: "In Greenport, Park Diner, Open 5 A.M." Sign size to be 6 ft. by 4 ft. and to be located no closer than 5 ft. from any property line, upper edge of the sign to be no higher than 15 ft. 6 in. and lower edge no closer to the ground ~level than 3 ft. This sign permit should be issued for one year. This sign is subject to the same regulations and controls which affect non-conforming signs. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Rosenberg, and Mr. Grigonis. PUBLIC P~EARING: Appeal No. 464 - 7:45 P.M. (E.D.S.T.)~ upon application of Mr. and Mrs. Fred N. Bohlke, ShipyardLane~ East Marion, 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 on the property of Joseph Cherepowich, corner of Route 25 and Shipyard Lane~ East Marion, New York. Fee paid $5.00. Southold Town Board of Appeals -4- June 7, 1962 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 of the hearing to the applicant, and letter of permission from the property owner. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. AND MRS. FRED N. BOHLKE~ stated that they appeared in favor of the application. They have had the business for quite a while and last year they had a small sign 14 inches by 20 inches and did not realize they should have a permit for it. The' sign was a great help while it was up and many people who came to them said they saw the sign. In the application they requested a sign 24 inches by 24 inches. They now feel a sign 24 inches by 20 inches is sufficient. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) This application is for a directional sign on the Main Road to direct transients to a tourist house which is approximately 2000 feet off the Main Road. This applicant has no off premises signs and a sign approx- imately 2 ft. by 2 ft. located at the junction of Shipyard Lane~ East Marion~ wou~d comply with the standards set forth in the Ordinance. This permit should be issued for one year. 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, therefore On motion of Mr. Gillispie~ seconded by Mr. Rosenberg, it was RESOLVED that Mr. and Mrs. Fred N. Bohlke be granted permission to erect and maintain a directional sign on the property of Joseph Cherepowich, corner of Route 25 and Shipyard Lane, East Marion, New York. Wording on the sign to be: "Cottage & Rooms for Rent~ F. Bohlke." Sign size to be 24 inches by 20 inches and to be Southold Town Board of Appeals -5- June 7, 1962 located no closer than 5 ft. from any property line, upper edge of the sign to be no higher than ~ ft. 6 in. and lower edge no closer to the ground level than 3 fto This sign permit should be issued for one year. This sign is subject to the same regulations and controls which affect non-~onforming signs. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal NOQ 465 -- 8:00 P.M. (E.D.S.T.), upon application of the Estate of William H. Wasson by John O'Keeffe, 120 Court Street, Riverhead, New York, for a variance in accordance with the Zoning Ordinance~ Article X~ Section 1000A, for permission to divide property into two parcels leaving one parcel with reduced frontage. Location of property: south side Peconic Bay Boulevard, Laurel, New York, bounded north by Peconic Bay Boulevard, east by other land of William Wasson Estate, south by Great Peconic Bay, and west by property of Stalzero 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 notification of the hearing to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. O~KEEFFE~ 120 Court Street, Riverhead, New York: I will not go into it further now as we were all over it before. It is the same application. THE CHAIRMAN: Is there anyone present who wishes to speak against this appl~ ation? (There was no response.) THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? Southold Town Board of Appeals -6- June 7~ 1962 DR. FREDERICK FECTIG~ Peconic Bay Boulevard, Laurel, New York: I have heard a great deal about this because we are next door neighbors. I have heard she has a very good buyer and I do not think this application is wrong because they do not plan to change the character of the property. ~IRS. MARY~SELL: I want information. Inasmuch as it was my understanding Mrs. Wasson was going to live in the smaller house, and Mrs. Wasson died today, what will happen now? T~E CHAIRMAN: I believe the attorney for the applicant wishes to continue this application as applied for~ and we a re not permitted to divide property w~thout leaving 100 ft. on a road front or public highway~ and that is basically the problem that is involved here. (The Chairman read Section 1000A for interested persons present at this hearing.) The Chairman explained that this application came before the Board previously but the attorney for the applicant withdrew the application before the Board made a decision. At that time the Board advised the attorney for the applicant that the application could not be granted in its present form because of the reduction of the road frontage, however, a plan was suggested whereby the property could be dividedin half keepir~the road frontage with the front lot and giving access over any portion of it to the lot on the Bay. Mr. 6~Keeffe stated that the position of the proposed purchaser was that the Board had not made a decision and there- fore he still had an interest in the property. Therefore Mr. O:Keeffe wished a decision so the matter could be settled. He further stated that the application was made because Mrs. Wasson wished to retain a small undersized lot for herself so she would not be burdened with the maintenance of a large loto THE CHAIRMAN: Does anyone else wish to ask any questions? (A few questions were asked relative to the probable use of the property in the future.) (A petition signed by 24 persons in favor of this appli- cation was received by the Board.) Southold Town Board or'Appeals -7- June 7~ 1962 This is an application for a variance to permit division of a lot so that one lot will have a frontage of 55 feet on the street. There is no hardship shown or a unique condition. As presented at the hearing the reason for the division was the desire of the applicant to avoid the maintenance of an area surrounding the small dwelling which she proposes to occupy. A petition signed by 24 persons in favor of the application was received.~ The question has been resolved due to the ~udden death of the intended occupant of the dwelling° After investigation and inspection the Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship, the hardship created is not unmque and would be shared by all properties at~e in the immediate vicinity of this property and in the same use district~ and the varmance does not observe the spirit of the Ordinance and would change the.character of the district. On motion of Mr. Gillispie~ seconded by Mro Rosenberg, it was RESOLVED that that Estate of Wiltiam H. Wasson be denied permission to divide property into two parcels leaving one parcel~ with reduce d frontage. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 466 - 8:15 P.M. (E.D.S.T.), upon application of Emory R. Tuthill~ Cutchogue, New York, a/c Raymond J. Slavin, 88-89 Hollis Court Boulevard, Belair9 New York~ for a special exception in accordance with the Zoning Ordinance, Article III~ Section 306, for permission to reduce front yard setback on a corner lot. Location of property: corner of!~ak Drive and Broadwaters Drive, Cutchogue, New York, bounded north by Oak Drive~ east by E. To Czark~ south by Mary E. Belz~ and west by Broadwaters Drive.~ Fee paid $5~00. Southold Town Board of Appeals -8- June 7, 1962 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 legal notice of the hearing to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. EMORY TUTHILL, Cutchogue~ New York: The house was originally built as a summer home and he is gradually fixing it up. The lot is 150 ft. by 75 fto and it is impossible to modernize the kitchen and still eat there~ so he is adding this porch oh. MR. ROSENBERG: Did you get a permit for the porch. MR. TUTHILL: I put in an application. MR. ROSENBERG: Before you started it? ~. TUTHILL: The owner was going to do it~ but his wife got sick and he did not do it. I thought he had gotten it~ The addition is about 3/4 finished now. MR. ROSENBERG: Did you think it ordinary that a room added to a house 12 ft. from Oak Street would be permitted? lot. it. MR. TUTHILL: No, I was not familiar with it on a corner I thought only the front was necessary. I did not question THE CHAIRMAN: How close is the house from Broadwaters Drive? MR. TUTHILL: About 28 feet. MR. ROSENBERG: Do you know what will happen to the fellow on the next lot? If he wants to build he will have to go back 35 feet and this addition will obstruct his viewo MR. TUTHILL: He will build a new house. This was ah old house. That THE CHAIRMAN: ~Does not change the fact. The original part of the hous~ was there and you added the porch to it. Zoning is Southotd Town Board of Appeals -9- June 7, 1962 to change such things as that. This is a gross violation of the front yard restriction. This projection which will harm other people to the east is beyond anything we could grant. T~E. CMAIRMAN: _.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.) This is an application for a variance to permit addition to an existing residence. This addition was started and about 7~ completed before application was made for a building permit° The builder claims that he thought the owner had secured a permit before the work started. Nevertheless the builder continued the construction after the viblation was posted. When he applied for a permit he was advised at the Building Department that under no circumstances should he continue construction until his application for variance was heard. This is a corner lot requiring a 35 ft. setback on both streets for new construction where no setback line has been established. This addition has been placed about 15 feet from the street property line. According to the builder the only reason why the addition was not placed where permitted under the conditions of the Ordinance was the desire of the owner to retain some cupboards. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship, the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same u~e district~ and the variance does not observe the spirit of the Ordinance and would change the character of the district. On motion of Mr. Gillispie, seconded by Mr. Grigonis~ it was RESOLVED that Emory R. Tuthill, a/c Raymond J. Slavin, be Southold Town Board of Appeals -10- Ju~e 7, 1962 denied permission to reduce front yard setback on a corner lot located on the corner of Oak Drive and Broadwaters Drive, Cutchogue, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. on motion of Mr. Gillispie~ seconded by Mr. Grigonis, it was RESOLVED that the minutes of May 24, 1962 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Grigonis. The Board of Appeals received a letter from the Mattituck Fire Department requesting permission to post approximately 50 signs advertising their annual bazaar. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that the Board oflAppeals grants permission to the Mattituck Fire Department to place approximately 50 posters, 15 inches by 30 inches~ on the Main Roads and in stores in the Mattituck Fire District from June 15, 1962 through July 7, 1962, a perio~ of approximately 23 days. These posters will advertise a bazaar to be held July 3rd through 7th. In the letter request- ing permission Mr. Martin Suter~ Secretary of the Mattituck Fire Department, agrees to remove these posters promptly after the 7th of July. 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. Rosenberg~ and ~Lr. Grigonis. Southold Town Board °f Appeals -11- June 7, 1962 On motion or'Mr. Giilispie, seconded by Mr, Grigonis, it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S.T.)~ Thursday, June 21, 1962, Town Clerk Office, Main Road, Southold~ New York as time and place for hearing upon application of Island's End Golf and Country Club, Inc.~ Route 25, Greenport~ N~w York~ for a special exception in accordance with the Zoning Ordinance Article III, Section 300~ Subsection 11~ for permission to erect and maintain an on premises identification sign. Location of property: north side Route 25, Greenport~ New York, bounded north by other land of Island's End Golf and Country Club, Inc., east by Leroy Brown~ south by Route 25, and west by Warren Critchlowo Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg~ and Mro Grigonls. On motion of Mr. Gillispie~ seconded by Mr. Rosenbergg it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday~ June 21~ 1962, Town Clerk Office, Main Road, Southold, New York as time and place for hearing upon application of Douglas Beebe & Son, a/c Teddy Wells~ Riverhead~ New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 303~ for permission to reduce the area of a lot located at the south- east corner of private roads Holbrook Lane and Bungalow Lane, Youngs Point: Mattituck~ New York. Property bounded north by private road (Holbrook Lane), east by O. Eo Wick~ sou~h by Harold Weggeland~ and west by private road (Bungalow Lane). Vote of the Board: Ayes:- Mr° Gillispie, bLr. Rosenberg, and Mr. Grigonis. It was further RESOLVED that legal notice of the hearing be published in the official newspaper on June 14, 1962. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg~ and Mr. Grigonis. Southold Town Board of Appeals -12- June 7, 1962 The next meeting of the Southold Town Board of~Appeals will be held 7:30 P.M.~ Thursday, June 21~ 1962 at the Town Clerk Office~ Main Road, SoUthold, New York. Meeting adjourned at t0:00 P.M. Respectfully submitted, Judith T. Boken~ Secretary