Loading...
HomeMy WebLinkAboutZBA-05/24/1962 APPEAL BOARD MEMBER, S Roberf W. G'hlspie, Jn Chairm~n Rober~ Bergen Herberf Rosenberg Char[es Gregon]s, ~r, Serge Doyen, ur, SOUTHOLD, L.I., N.Y. Teleonone 50 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS May 24, 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday~ May 24~ 1962, at the Town Clerk Office, Main Road~ Southold, New York. There were present: Messrso Robert W. Gitlispie~ Jro, Chairman~ Robert Bergen, Herbert Rosenberg~ and Chartes Grigonis, Jr. Absent: Mr. Serge Doyen, Jro PUBLIC HEARING: Appeal No. 459 - 7:30 P.M. (E.D.S.T.), upon application of Woo~hollow Properties~ Inc., 3 Glen Lane~ Glenwood Landing, New York~ for a special exception in accord- ance with the Zoning Ordinance, Article III, Section 300, Sub- section 11, for permission to erect and maintain advertising sign on the property of Woodhollow Properties, Inc., north side Main Road, Orient~ New York. Property bounded north by other land of Woodhollow ~roperties, InCo~ east by other lard of Woodhollow Properties, InCo, south by Main Road, and west by Joseph Moisa. Fee paid $5.00° Southold Town Board of Appeals -2- May 24, 1962 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 and legal notice to the applicant. THE CHAIRMAN: ts there anyone presentwho wishes to speak for th~ application? GEORGE A. McMANN, JR., Greenport~ New York: This sign is a sign Mrs. Mitchell had in front of her house when she had one of the Woodhollow houses in Section I of Orient-By-The-Sea. It was permitted in the subdivision because it was part of the development area° The subdivision map stops at the entrance road andthe house Mrs. Mitchell is occupying now is owned by Woodhollow Properties but it is outside of the subdivision itself° She is now in the old Charlie ~yder farm house. She wants to move the sign from the former house to the farm house. MR. ROSENBERG: Mrs. Mitchell now has two signs. One says "Sales Agent", and the other sign says "Walter Uhl~ Orient-By- The-Sea Sales Office, Mrs. Eo Mitchell, Agent." Of course, she may only have one sign. Does she intend to put out real estate agent with her number? MR. McMANN: No: just what it says in the application~ "Orient-By-The-Sea, Sales Office, Elizabeth M. Mitchell, Agent." THECHAIRMAN: Is there anyone present ~no wishes to speak against this application? (There was no response.) This application is for a sign for the purpose of indicating the sales office of a subdivision known as Orient-By--The-Sea. This sign will be located outside of the subdivision itself but on property owned by the subdivision developer, immediately adjacent to the subdivision. 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. Bergen, it was Southold Town Board of'Appeals -3- May 24, 1962 RESOLVED that Woodhollow Properties, Inc. be granted permission to erect and maintain a sign on their property immediately adjacent to the Orient-By-The-Sea subdivision. This sign shall be for the sales office of this subdivision only and is to be the only sign on the property occupied by Elizabeth Mitchell. The sign shall be 3 ft. by 3 ft. 10 in., wording to be "Orient-By-The-Sea, Sales Office~ Elizabeth M. Mitchell~ Agent.", and shall be located no closer than 5 ft. ~om any property line, 3 ft. above the ground level and upper edge no higher than 15 fto 6 in. from the ground level. Vote of the Board: Ayes:- Mr. Gillispie~ Mro Bergen, Mro Rosenberg, and Mr. Grigonis. PUBLIC ~EARING: Appeal No. 46 0 - 7:45 P.M. (E.D.S.T.), upnn application of Otto Lindermayer, Horton's Point, southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback on a corner lot. Location of property: north side Soundview Avenue, Southold, New York, bounded north by other land of Otto Lindermayer, east by J. Bitses, south by Soundview Avenue, and west by right-of-way. Fee paid $5.00. 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 and legal notice to the applicant. THE CHAIRMAN: Is there anyone present who.wishes to speak for this application? MR. OTTO LINDERMAYER, Horton's Point, Southotd, New York: It seems that when this property was divided they did not have any zoning rules because this is a corner plot and it is so narrow. There is only 70 ft. on front. (Mr. Lindermayer described the location of his house with relation to the roads and also described the area around his property.) THE CHAIRMAN: Is there anyone present who wishes to spe~c against this application? Southold Town Board of Appeals -4- May 24~ 1962 (There was no response.) After investigation and inspection the Board finds that this residence was constructed prior to enactment of the Ordinance and the actual' front of the residence has a 55 fto setback. The entire area is heavily wooded and no residences are located on Soundview Avenue in the immediat~ area. The side of the house affected by this application is 38 feet from Sound- view Avenue and the property line is about 12 feet from the shoulder of Soundview Avenue. The proposed screened porch addition will result in a 24 ft. setback on Soundview Avenue. Inasmuch as the wooded area where this cottage is located and the'probable future use of the surrounding woodland and the location of the private entrance road which is used by other owners the practical difficulty phase should be considered. 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. Otto Lindermayer be granted permission to reduce his front yard setback on Soundview Avenue to 24 ~et. vote of the Board: Ayes:- Mro Gillispie~ Mro Bergen~ Mr. Rosenberg~ and Mr. Grigonis. PUBLIC PrEARING: Appeal No. 461 - 8:00-P~M. (E.D.S.T.), upon application of ~Floyd F. King, Jr., King Street~ Orient, New York, for a special exception in accordance with the Zoning Ordinance~ Article IV~ Section 408, for psrmission to erect~. and maintain an on-premises business ~ sign with reduced setback. Location of property: south side of ~Route 25, Orient, New York, property bounded north by Main Road, east by E. C. Ctingen~ south by F. Rackett and W. t~ellog~ and west by B. Wo Young° Fee paid $5~00. Southold Town Board of Appeals -5- May 24, 1962 The Chairmmn 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 to the applicant~ THE CHAIRMAN: Is there anyone present ~no wishes to speak for this application? MI{. FLOYD F. KING, JR., Orient~ New York: I would like to say that there is no problem as far as the road frontage goes, I can stay 5 feet from Route 25~ but there is just a narrow strip of grass between the Clingen boundary and the black top. I would say it is no more than 2 feet. The garage beside me has the use of the black top in front of my office and I cannot obstruct it and that is why I applied for this special exception° THE CHAIRM3~N: Is there anyone present who wishes to speak against this application? (There was no response°) THE CHAIRMAN: What are you going to put on the sign? MR. KING: "Floyd Fo King, Jr.~ Insurance, Real Estate, Representing Quinton Realty, Licensed Real Estate Broker." It will be 3 ft. by 4 fto double faced sign. THE CHAIRPL~N: Are there any other questions? (There was no response°) This appl&cation is for permission to reduce side yard setback for an on-premises business sign. After investigation and inspection the Board finds that the entire 18 fto frontage of this property is black topped and the service station on the west has use of this black topped area. 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 Southold Town Board of Appeals -6- May 24~ 1962 On motion of Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED that Floyd F. King, Jr.~ be granted permission to erect and maintain a 3 ft. by 4 fto sign on his property located on the south side of Route 25~ Orient, no closer than 5 ft. from the front property line and approximately 1 foot from the east property line, which is the only open unpaved surface area° Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg~ and Mr. Grigoniso PUBLIC HEARING: Appeal No. 462 - 8:15 P.M. (E.D.S.T.), upon application of George W. Smith & Sons, Southold~ New York, for a variance 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 Bennett Lane and Custer Avenue, Lot Noo 6 in subdivision of Fairview Park, Pine Neck Road, .Southold, New York. 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 legal notice to the applicant. THE CHAIN: Is there anyone present who wishes to speak for this application? MR. DANIEL SMITH, Southold, New York: The house is 64 ft. 8 ino long. This difficulty started way back before our map was filed. Our original map Mr~ Van Tuyl drew was for this~lot to have 113 ft. frontage. The original contract with Mr. Dzenkowski called for 113 ft. When the mapwas finalized and redrawn to be filed the lot was changed to 110 feet~ At that time we had a verbal understanding with Mr. Dzenkowski and the deed was made for 110 ft. When we were going over plans I said to Mr. Dzenkowski, what is the size of your lot, and he said 113 ft. We figured we had plenty of room, I did not think about it and I made the application out for 113 feet. I should have known better~we have the map on the wall in the office~ I had originally intended to have the house 10 fto from Lot No. 5~ but I put it 1t ft. to leave enough ~roomo We did not check it because we thought we had plenty of room. I could Southold Toga Board of Appeals -7- May 24~ 1962 hardly believe it when Mro Terry said we had a problems and then I checked the map and also found the back to be 103 ft. If it had been 110 ft. square I would have been all right. The front of the garage is the part thatis over 2½ fro You drive in from Bennett Lane° I could have cut the garage down, but when I got ready to put it up the owner came to me and asked to make the kitchen and dining room larger and it extended to the garage. But with a standard car it will not fit in unless you have 22 feet. THE CHAIP~WiAN: Do you subcontract on these jobs? YOU tell a mason where the stake is and what the dimensions are? MI{. SMITH: We use subcontractors but in laying out the houses we always do it ourselves. We always~recheck after the cellar is dug. I assure you we had no intention of trying to get away with anything. THE CHAIRMAN: The problem we are faced with is this is a self-imposed hardship° M/~. SMITH: I agree, it is definitely self-imposedo But~ my hardship rests on the fact the original contract called for 113 feet and the filed map reduced it to t10 feet° MR. ROSENBERG: I do not think you have been fair with the Board° This has been advertised in the newspaper and yet you went ahead and continued to build it. I shoutd~hink you would have stopped building. MR. SMITH: I asked them not to work on that part but yesterday they went and framed it up° They said they got to a point where the roof tied into the other part of the house and they went ahead with it. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds the contZact for purchase of this first lot sold in this develop- ment contained 113 feet on Custer Avenue. The accepted filed map r~duced this frontage to t10 feet. Southold Town Board of Appeals -8- May 24, 1962 When the foundations were constructed the 113 ft. measurement was used. This resulted in the 2½ fto deficiency on the Bennett Lane frontage. This is a corner lot and requires 35 feet setback on both frontages. While many reasons were offered by the builder to explain the failure to check the measurements with the filed map, it will serve no useful purpose to insist upon the letter of the Ordinance in this case° The future setback of the only house which~can be constructed on Bennett Lane will not be affected due to the 200 fto frontages. 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 Mro Giltispie~ seconded by Mr. Grigonis~ it was RESOLVED that Ge°rge W. Smith & Sons be granted to reduce front yard setback on Lot No. 6 in Fairview Park to 32½ ft. on Bennett Lane. vote of the Board: Ayes:- Mro Gillispie~ Mr. Bergen~ Mr. Rosenberg, and Mro Grigonis. On motion of Mr. Gillispie~ seconded by Mro Rosenberg~ it was RESOLVED that the minutes of the meeting of May 10~ 1962 be approved as submitted° vote of the Board: Ayes:- Mr. Gittispie, Mr. Bergen,. Mr. Rosenberg~ and Mr. Grig~nis. On motion of Mr. Gillispie, seconded by Mr° Bergen~ it was RESOLVED that the minutes of the meeting of May 15, 1962 be approved as submitted~ Southold Town Board of Appeals -9- May 24, 1962 Vote of the Board: Ayes:- Mr. Gillispie, Mro Bergen~ Mr. Rosenberg~ and Mr. Grigonis. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:30 p. mo (E.D.S.T.)~ Thursday,.June 7, 1962, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Robert Ketcham, Jr., East Marion, New York, a/c Park Diner, Greenport~ New York~ for a special exception in accordance with the Zoning Ordinance, Article IV~ Section 408~ for permissionto erect and maintain a directional sign on the property of Charles Sage, south side Route 25, west of Sage Boulevard, Arshamomaque~ New York. Vote of the Board: Ayes:- Mr~ Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigoniso On motion of Mr. Bergen, seconded by Mro Rosenberg, it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.D.S.T.)~ Thursday,-June 7~ 1982~ Town Clerk Office, Main Road, Southold~ New York, as time and place for hearing upon application of Mr. and Mrs. Fred N. Bohlke, Shipyard Lane, East Marion, New York, for a special exception in accordance with the Zoning Ordinance, Article Iti~ 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° Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Rosenberg~ and ILr. Grigonis. On motion of Mr. Grigonis, seconded by Mr. Rosenberg, it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.)~ Thursday, June 7, 1962~ Town Clerk Office,~ Main Road, Southold, New York as' time and place for hearing upon application of the Estate of William H. Wasson by John O~Keeffe, 120 Court.Street, R iverhead, ~New ¥ork~ for a variance ih accordance wi~h 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 Pecon~c Bay Boulevard, Laurel, New York, bounded north by Peconic Bay Boulevard, east by other Southold Town Board of Appeals -10- May 24~ 1962 land of William ~asson Estate, and south by Great Peconic Bay, west by property of Stalzero Vote of the Board: Ayes:- ~Mro Gillispie, Mr~ Bergen, Mro R osenbe~g~ and Mro Grigonis. On motion or'Mr. Rosenberg, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals ~t 8:15 P.M. (E.D.S.T.), Thursday,.June 7~ 1962, Town Cle~ Office~ Main Road, Southold, New York~ as time and place for hearing upon application of Emory Ro Tuthill, Cutchogue, New York, a/c Raymond J. Slavin, 88~89 Hollis Court Boulevard~ Belaire, New York~ for a special exception mn accordance with the Zoning Ordinance~ Article III, Section 306~ for permission to reduce front yard setback on a corner loto Location of property: corner of Oak Drive and Br0adwaters Drive, Cutchogue~ New York~ bounded north by-Oak~ Drive, east by E. To Clark, south by Mary E. Belz,~ and west by Broadwaters Drive. vote of t~he Board: Ayes:- Mr. Gillispie, Mro Bergen, Mr° Rosenberg~ and Mr. Grigonis. IT WAS FURTP~ER RESOLVED that Legal Notice of the hearing be published in the official newspaper on May 31~ 1962~ and notice of same be forwarded to the applicants° Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigoniso The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M. (E.D.S.T.)~ Thursday, June 7~ 1962 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 10:00 P.M. Respectfully submitted, Judith T. Boken Secretary