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HomeMy WebLinkAboutZBA-04/26/1962 APPEAL BOARD MEMBERS Roberf W. ®Hllspie, Jr,, Chairman Roberf ~'ergen Herberf Rosenberg Charles Gregonis~ ,Jr. Serge Doyen~ dr. SOUTHOLD, L.I., N.Y. T~iephone SO B-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS April 26, 1962 A regular meeting of the Southold Town Board of'Appeals was held 7:30 P.M., Thursday, April 26, 1962 at the Town Clerk Office, Main Road~ Southold, New York. There were present: Messrso Robert W. Gillispie, Jro, Chairman, Herbert Rosenberg, Robert Bergen~ Charles Grigonis~ Jr°, and Serge Doyen, Jro PUBLIC PiEARING: Appeal No. 449 - 7:30 P.M. (E.S.T.)~ upon application of John R. McNulty~ 175 Griffing Avenue, Riverhead, New York, a/c James V. Mulvihill, 17 Libby Avenue, Pompton Plains, New Jersey~ for a special exception in accordance with the Zoning Ordinance~ Article X, Section 1007, Subsection (e)~ for permission to reconstruct a non-conforming building° Location of property: Camp Momoweta, southwest side of Laurel Lake~ Mattituck, New YO~ko Fee paid $15.00. 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. Southold Town Board of Appeals -2- April 26, 1962 JOHN R. McNULTY: 175 Grilling Avenue, Riverhead, New York spoke in favor of the application stating that a similar application was made last year. The operation is covered by a Town Camp Permit and it has a County Health Department permit. They plan to demolish two small old cabins ($3 and $4) sleeping 6 boys in each and erect a new building sleeping 10 boys° The new building will be 14 ft. by 30 ft., 420 sq. ft. This building will be at least 15 fto from $2 cabin and at least 15 ft. from $5 cabin. The Chairman wished clarification of the cabins in question and he and Mr. McNulty discussed the layout of the camp and ~ype and age of the cabins and capacity° THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. WILLIAM UNKELBACH~ Laurel Lake~ Mattituck, New York stated that he spoke in opposition to the application both as a private citizen and as a member of the Southold Town Planning Board. He is an adjoining property owner and he submitted a letter to the Board which was read and made part of the fileo Mr° Unkelbach stated that his property is located north of the camp and his right-of-way is used by the camp. Mr. McNulty objected to entering the letter in the file but the Chairman wished the letter made part of the file. There was consider- able discussion relative to the rubbish in the area and Mr~ McNulty stated that this hearing was not for the hearing of complaints of that nature. As far as vandalism and fire hazard, by erecting this haw building the fire risk would be reduced and health of the children taken care of. They plan to erect two more buildings next year. THE CHAIRMAN: Is there anyone else present who wishes to speak for or against this application? (there was no response.) After investigation and inspection the Board finds that this application is to replace two cabins each occupied by six boys by one building with capacity of. 10 boys. On August 4~ 1960 permission was granted by this Board for a similar replacement by Mr. Mulvihill, and on June'22, 1961 another application was heard and granted. Southold Town Board of Appeals -3- April 26, 1962 There are several children:s camps in this Town and all are non-conforming. At the time the Zoning Ordinance was enacted no specific provision was made for this type of business and the Town Board did not intend that an uncontrolled business area be created especially for the several camps. The present plan is to continue the non-conforming use with adequate controls. The Board further finds that replacing two small cabins erected many years ago is to the advantage of everyone especially because the new modern building will house fewer boys and be a great improvement and would be in harmony with the general purpose and intent and spirit of the Zoning Ordinance. On motion of Mr. Gillispie~ seconded by Mr. Rosenberg~ it was RESOLVED that James Mulvihill be granted permission to replace two small cabins by one cabin 14 ft. by 30 ft. as shown on plan submitted: provided that the new building which replaces cabins $3 and $4 be no closer than 15 ft. from any~cabin and provided further that all local ordinances, rules and regulations be complied with° Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mro Rosenberg, Mr. Grigonis, and Mro Doyen.~ PUBLIC HEARING: Appeal NOo 450 - 8:00 P.M. (E.S.T.)~ upon application of Herbert Podeyn~ Cedar Beach Drive West~ Southold~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III, Section 307, for permission to reduce easterly side yard on property located on the south side of Pine Neck Road, Southold~-New York, bounded north by'Pine Neck Road~ east by'Stark~ south by Trautman and Banick~ and west by Van Nostrando Fee paid $15.00. The Chairman opened the hearing by reading application for a variance~ legal notice of hearing and affidavit attesting to its publication in the official newspaper° Letters of correspondence to and from New England Homes~ Inc. appearing in the file were also read° Southold Town Board of Appeals -4- April 26, 1962 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. PAT DELLA CROCE of New England Homes, Inc., the builder of the Podeyn house appeared to answer questinns of the Board. WILLIAM WICKHAM, ESQ.~ Mattituck, New York, spoke in favor of the application on behalf of Mr. and Mrs. Podeyn and New England Homes and produced and explained a survey of the property and gave a history of the case. Mr. Wickham also presented a photograph of the house which he took that day° The Chairman asked why the house was placed back 46 fto rather than 40 ft. as indicated on the application and Mr~ Wickham stated that it was setback with the Stark house to the east for appearances° Mr. Della Croce stated that the mason made the garage larger than planned because of the fire place and the error was discovered when a survey was made for the Southold Savings Bank° THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. HOWARD SCHWARTING~. ownsr of the third house west of the Podeyn house, a former New York~building inspector, asked why the builder did not file an amended plan so that it could be c becked, and Mr. Della Croce stated that they were not concerned about the setback as that lot had plenty of room, or so they thought. There was a general discussion of the setbacks in the areas ownership of buildings and procedures. Mr. Wickham stated that this violation was an error and is not a detriment to the area~ The builder is reputable and has built several other houses in this Town.' The ~uilding Inspector was requested to explain his part in this matter. He stated that the builder came into the office relative to the survey and he double checked and found the house 70:9" and put a violation tag on it. After that the application was filed for a variance. He also explained the lot lines of the Stark house. THE CHAIRMAN: Does anyone else wish to speak for or against this application? Southold Town Board of Appeals -5- April 26, 1962 (There was no response°) After investigation and inspection the Board finds that through an error in measurements the southeast corner of this building encroached 1 ft. 9 in. on the required side yard. The Ordinance requires a minimum of 10 ft. side yard provided the two side yards total 25 feet. The lot in question is 100 ft. in width on Pine Neck Road and approximately 150 ft. in depth. The rear of the lot is approximately 88 fto in width° In order to line up the new building with an adjoining structure although the ordinance allows less front yard than the owner elected, the building was placed 46 fto from the front property line. After the building was practically completed and a survey mad~ on March 26, 1962 for the benefit of a bank and a title guaranty company it was discovered that the encroachment existed. The front of the building has 25 ft. 3 in. sideyards. The rear has 24 ft. No side yard is less than 10 ft. The point of encroach- ment is 12 fto 1 in. from the property line. The abutting property uses its side yard for a paved driveway to the rear yard and is well over the required open spaces. Considering all of the circumstances and realizing that this was an unintentional mistake in measurement and bearing in mind that when the error was detected the building department.was notified at once by the builder the Board feels that an insistence upon the letter of the Ordinance would produce an unnecessary hardship now that the building is completed and considering all the other facts involved and that no objection was offered by anyone concerned, On motion of Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that Herbert and Jean Podeyn be granted a variance to reduce the side yard setback to 24 ft. at the rear of the building. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vininity of this property and in the same use district, Southold Town Board of Appeals April 26~ 1962 and the variance does observe the spirit of the Ordinance and would not change the character of the district. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg, Mro Grigonis: and Mr. Doyen. Mr. George Minch appeared before the Board to present an appli- cation for a variance on behalf of Grumman Aircraft Engineering Corp. On motion of Mro Gillispies seconded by Mr~ Grigoniss it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.D.S.T.)~ Thursdays May 10, 1962, Town Clerk 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 variance in accordance with the Zoning Ordinances Article III, Section 300, for permissIon to extend time limit for temporary restricted installation and erect a temporary portable building. Location of property: private road, north side of land of Bo D. Latham Estate, Orient Point, New York. Vote of the Board: Ayes:- Mr. Gillispies Mr. Bergen, Mr° Rosenberg, and Mr. Grigonis and Mr. Doyen. It was further RESOLVED that legal notice of hearing be published in the official newspaper on May 3~ 1962. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg~ Mr. Grigonis, and Mro Doyen° PUBLIC HEARING: Appeal Ho. 445 - Upon application of The Holy Trinity Church, Main~Street, Greenport~ 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 Edwin Ho King~ southeast corner of Route 27A and Chapel Lane~ Greenport~ New York. No fee- church. Southold Town Board of Appeals -7- April 26, 1962 This hearing was scheduled for 8:00 P.M., Thursday~ April 12, 1962, but was recessed that date so someone could appear to speak on behalf of the application. The Chairman opened the hearing by reading application for special exception~ legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Ml~. SA~ COPIN and FATHER TOBIN of the Holy_Trinity Church spoke for the application. The Chairman asked if the church sign helps and Father Tobin stated that it serves as identification and such a sign is used nationally. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) 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 Mro Doyen, it was RESOLVED that The Holy Trinity Church of Greenport be granted permission to erect and maintain a directional sign on the property of Edwin H. King, southeast corner of Route 27A and Chapel Lane, Greenport, New York. size of the sign to be 24 inches by 36 inches and to be located 10 fto from the property line on Route 27A and 20 ft. from the property line on Chapel Lane. This sign is subject to the same regulations and controls which affect non-conforming signs° Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen° Southold Town Board of Appeals -8- April 26, 1962 PUBLIC HEARING: Appeal No~ 446 - Upon application of The Holy Trinity Church, Main Street, Greenport~ New York~ for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11~ for permission to erect and main- tain directional sign on the property of Frederica C. p. Haneman, Brecknock Hall, north side Route 25, Greenport~ New York. No fee - church. This hearing was scheduled for 8:10 P.M., Thursdaya April 12~ 1962~ but was recessed that date so someone could appear to spe~ on behalf of the application. 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 ietter of perm~sion from the property owner. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MI{. SAM COPIN and FATHER TOBIN were present to answer questions of the Board. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) 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 Mro Grigonis, it was RESOLVED that The Holy Trinity Church of Greenport be granted permission to erect and maintain a directional sign on the property of Frederica C. P. Haneman~ Brecknock Hall, north side Route 25~ Greenport~ New York. Size of the sign to be 24 inches by 36 inches and to be located approximately 8 ft. from the property line on Route 25 and lO ft. from the private farm road. Southold Town Board of'Appeals -9- April 26~ 1962 This sign ~ subject to the same regulations and controls which affect non-conforming signs. Vote of the Board: Ayes:- Mro Gillispie~ Mro Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: Appeal No. 447 - Upon application of The Holy Trinity Church, Main Street, Greenport~ New York~ for a special exception in accordance with the Zoning Ordinance~ Article IV~ Section 408, for permission to erect and maintain directional sign on-the property of Fleet Lumber~ Inc.~ south side Route 25~ Greenport~ New York° No fee - church. This hearing was scheduled for 8:20 P.M., Thursday~ April 12, 1962, but was recessed that date so someone could appear to speak on behalf of the application. 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 letter of permission from the property owner. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. SAM COPIN and FATHER TOBIN were present to answer questions of the Board. THE CHAIRMAN: Is there anyone present who~ishes to speak against this application? (There was no response.) 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 -10- April 26, 1962 RESOLVED that The Holy Trinity Church of Greenport be granted permission to erect and ma%ntain a directional sign on the property of Fleet Lumber, Inc., south side Route 25, Greenport, New York. Size of sign to be 24 inches by 36 inches and to be located approx- imately 8 ft. from Route 25 and 5 ft. from the westerly property lineo This sign is subject to the same regulations and controls which affect non-conforming signs. Vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. On Motion of Mr. Gillispie, se~nded by Mr. Rosenberg, it was RESOLVED that the Board of Appeals set 7:45 P.M. (E.D.S.T.), Thursday, May 10, 1962, Town Cle~ Office, Main Road, Southold, New York as time and place for hearing upon application of New Suffolk Shipyard, Inco, New Suffolk Lane, New Suffolk, 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 Margaret Wo Roache, corner of New Suffolk Lane and Suffolk Avenue, New Suffolk, New York. Vote of the Board: Ayes:- Mr. Gitlispie~ Mr. Bergen, Mr. Rosenber9, Mr. Grigonis, and Mr. Doyen. On motion of Mr. Giliispie~ seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.)~ Thursday, May 10, 1962, Town Clerk Office, Main Road, $outhold, New York as time and place for hearing upon application of ~ina~Ba~e~ ~nd George Van Buren~ Harbor Inn Hotel~ Wickham Avenue, Mattituck~ New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300~ Subsection 11, for permission to replace existing directional sign located on the Harbor Inn Hotel property~ bounded north by Mattituck Creek, east by Wickham Avenue, south and west by Mattituck Creek. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg~ Mr. Grigonis, and Mr. Doyen° Southold Town Board of Appeals -11- April 26, 1962 On motion of Mr. Gillispie, seconded by Mr. Grigonis~ it was RESOLVED that the Board of Appeals set 8:15 P.M. (E.D.S. To), Thursday, May 10~ 1962, Town Clerk Office, Main Road~.Southold, New York as time and place for hearing upon application of Rodes and Anne Trautman, P. O. Box 416, Southold, New York, for recognition of access in accordance with State of New York Town Law, Section 280A. Location of property: private road, west side Bayview Road, Southold, New York, bounded north by private road~ east by Loesges and Epp~ south by Shipule~ and west by'Sarah Young. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis~ and Mr. Doyen. On motion of Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Board of Appeals set 8:30 P.M. (E.D.S.T.), Thursday, May 10~ 1962~ Town Clerk Office, Main Road~ Southold, New York as time and place for hearing upon application of H~r~y Mitchell, 103 Tottenham Road, Lynbrook~ New York, for a variance in accordance with the Zoning Ordinance= Article III~ Section 306 and 308, for permission to reduce front yard setback on a corner lot~ and rear yard setback. Location of property: ~quaview Avenue and private road (Stars Road), East Marion, New York, bounded north by Aquaview Avenue, east by private road (Stars Road),south by William Stars, and west by Stamos. Vote of the Board: Ayes:- Mr. Gillispie, Mrs. Bergen~ Mr. Rosenberg~ Mr. Grigonis, and Mr~ Doyen. It was FURTHER RESOLVED that legal notice of hearin~be published in the official newspaper on May 3~ i962~ Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mro Grigonis~ and Mr. Doyen. On motion or'Mr. Bergen~ seconded by Mr. Rosenberg~. it was RESOLVED that the minutes of the meeting or,April 12~ 1962 be approved as submitted. Vote of the Board: Ayes:- Mr~ Gillispie~ Mr. Bergen,.Mro Rosenberg, Mr° Grigonis, and Mr. Doyen. Southold Town Board of Appeals -12- April 26, 1962 The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M.~ Thursday, May 10s 1962 at the Town Clerk Office, Main Road~ Southold~ New York° Meeting adjourned at 11:00 Chairman's Minutes - Respectfully submitted~ Robert W. Gillispie, Jr.~ /