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HomeMy WebLinkAboutZBA-04/05/1962 APPEAL BOARD MEMBERS Roberf W. ®iJ![spie, Jr. Chairm,~r~ Roberf Bergen Herbe-- Ro~anberg C~ar!es Gregonis, Jr, Serge Doyen, Jr, SOUTHOLD, L.I., N.Y. Taleohone SO 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS April 5, 1962 A re gular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, April 5, 1962 at the Town Clerk Office, Main Road, Southold, New York. There were present: Messrs. Herbert Rosenberg, Acting Chairman, Robert Bergen, and Charles Grigonis, Jr. Absent: Messrs. Robert Gillispie, Jr.~ Chairman, and Serge Doyen, Jr. PUBliC HEARING: Appeal NOo 439 - 7:30 P.M. (E.S.T.)~ upon application of John Helinski~ Madison Street, Greenport, New York, for a variance in accordance with the ZoningOrdinance, Article iii= Section 309~ for permission to build detached garage with reduced side yard setback° Location of property: west side Madison Street, Greenport~ New York, bounded north by J. Zatewski, east by Madison Street, south by R. M. Purcell, and west by Fleetfield Subdivision. Fee paid $15o00. The Acting Chairman opened the hearing by reading appli- cation for a variance~ legal notice of hearing and affidavit Southold Town Board of Appeals -2- April 51 1962 attesting to its publication in the official newspaper. ACTING CHAIRMAN: Is there anyone who wishes to say anything in favor of this application? Mi{. JOHN HELINSKI, Madison Street~ Greenport~ New York: It is all written down there° If I should off-set the garage any great distance it would endanger my wife backing out of the garage and it would endanger the house if anything should happen should she hit the house. I do have the room in the back and I could off-set the garage except for the hazard of the building. Also If I off-set it I would not be able to open the door on the passenger side, and we would have to slide through. ACTING CHAIRMAN: We have all been down there. Your driveway only goes to the back of yourhouse and we do not quite understand what you mean by having to slide through the car. MR. PIELINSKI: In building the garage 3 ft. from the line, in order to keep the driveway straight, there would not be enough room to open the door on the passenger side. ACTING CHAIRMAN: There is quite a distance to where the garage is to be located and if the driveway were not perfectly straight you would probably not notice it. Mr. Helinski, you must prove a hardship to this Board. MR. HELINSKI: I appeal for my own convenience, I do not see where it would cause any hardship. MR. GRIGONIS: Will the location 3 ft. from the line affect your cesspool? MR. HELINSKI: It will be close, but will not affect the cesspool at allo ACTING CHAIRMAN: Is there anyone who wishes to be heard in opposition to this appeal? (There was no response.) After investiga~bn and inspection the Board finds that this is not a unique situation and no hardship is shown. There is a 15 foot clearance between the house and side property line and ample Southold Town Board of Appeals -3- April 5, 1962 width to extend the present driveway to the proposed garage which is to be located in the rear yard. The applicant proposes to erect a garage 18 feet in width and the Board cannot find any hardship or practical difficulty to prevent a 3 foot side yard on the~northerly side of the garage. On motion of Mr. Rosenberg, seconded by Mr. Bergen, it was RESOLVED that John Helinski~ Madison Street~ Greenport~ New York, b e denied permission to build detached private garage with reduced side yard setback. vote of the Board: Ayes:- Mr. Rosenberg, Mr. Bergen, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 440 - 7:40 P.M. (E.S.T.), upon application of John Drossos, Main Road, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article tV, Section 400~ Subsection 7, for permission to construct a place of amusement° Location of property: north side Main Road (Route 25)~ Greenport~ New York, bounded north by John Rempe, east by Edna Turner, south by Main ~oad, and west by~Alexandra Drossos. Fee paid $15o00. The Acting~Chairman opened the hearing by reading application for a special exception~ legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. ACTING CHAIRMAN: for this application?' Is there someone present who wishes to speak Mi{. CHARLES BUMBLE, Greenport~ New York: This will be a duckpin bowling alley with 16 alleys. MR. BERGEN: How far is it from the highway? MR. BUMBLE: MR. BERGEN: on the highway? 60 feet back. Can a car drive in and back out without entering Southold Town Board of Appeals -4- April 5, 1962 MR. BUMBLE: Yes, they do it now at the miniature golf course. MR. ROSENBERG: How is it to be lighted at night? MR. BUMBLE: There will be smx lights as shown on the plans which will be directly on the alleys, and two other lights on the sides. MR. ROSENBERG: What do you intend to do about signs? MR. BUMBLE: He will just have a sign on the canopy where it overhangs, stating there is a bowling alley° MR. ROSENBERG: What do you propose to put on the earth to prevent dust? MR. BUMBLE: There was sand put there laRt year and it worked very well. He will probably do the same thing. ACTING CHAIRMAN: Is there anyone who wishes to say a~ything against this application? (There was no response.) (Mr. Drossos was present at the hearing te answer any questions the Board might have.) This application is for permission to replace an existing archery range by an outdoor duckpin bowling alley set up. There is ample off street parking space and the night illumination is not a deterent to the area° This ms an amusement area and the same conditions as existed which complied with the provisions of the Ordinance will prevail. The sign provisions of the Ordinance must prevail° On motion of Mr. Bergen, seconded by Mr. Rosenberg~ itv~s RESOLVED that John Drossos, Main Road~ Greenport, New Yo~K be granted permission to construct and maintain a duckpin bowling alley setup on his property at Main Road, Greenport. ~oke of the Board: Ayes:- Mr. Ro~s~enberg, Mr. Bergen, and Mr. Grigonis. Southold Town Board of Appeals -5- April 5, 1962 On motion of Mr. Grigonis~ seconded by Mr. Bergen, it was RESOLVED that the minutes of the meeting of April 3, 1962 be approved as submitted. Vote of the Board: Ayes:- Mr. Rosenberg, Mr. Bergen, and Mr. Grigonls. PUBLIC HEARING: Appeal NOo 441 - 8:00 P.M. (E.S.T.)~ upon application of Gerald B. Howell, Pennsylvania Avenue, Freeport~ New York, for a variance in accordance with the Zoning Ordinance~ Article III, Section 300, Subsection 7, for permission to erect private detached garage with reduced front yard setback. Location of property: south side private right-of-way, off west side Camp Mineola Roads Mattituck, New York~ bounded north by right-of-way~ east by Peter Gray, south by Peconic Bay, and west by James L. Gray. 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. ACTING CHAIRMAN: Would you care to say a~ything~ Mr. Howell~ MR. GERALD B. HOWETJ,, Pennsylvania Avenue~ Freeport, New York: I think the application pretty well covers what I have to say about it. There is no other place we can put the garage° We want to have it in line with the others on the street° MR. BERGEN: On the drawing it is 5 ft. from the front property line and 3½ ft. from the side lines is there any reason you cannot set it 5 ft. from the side line? MR. HOWELL: Not that I can think of~ just that it might become a junk area. ACTING CHA~: You must not put it further back from the front because you will be covering a couple of cessPools. (Mr. Howell informed the Board by telephone before a decision was reached that it is impossible to locate the garage 5 fto from the westerly property line because of a utility pole which will block the entrance to the garage.) After investigation and inspection the Board finds that this Southold Town Board of Appeals -6- April 5, 1962 application is for a variance to permit the construction of a garage in the front yard of Mr. HowellSs home. This property is so situated that a garage could not be placed in the rear of the house as it is on the Bay. Properties adjoining have garages placed as this applicant proposes. The location of theproposed garage is the only feasible possibility if the cesspools are to be left clear. The variation of the westerly side yard is necessary as a utility pole is so placed that entrance to or exit from the garage~would not be posSible if more side yard would be required. On motion of Mro Bergen, seconded by Mr. Rosenbergt it was RESOLVED that Gerald B. Howell be granted permission to locate private detached garage in the front yard area of his property. North property line on private right-of-way to be 5 ft., and westerly property line to be 3~ fro from the proposed garage Duilding. vote of the Board: Ayes:- Mr. ~O~enberg~ Mr. Bergen, and Mr. Grigonis. On motion of Mr. Bergen~ seconded by Mro Grigonis~ it was RESOLVED that the minutes of the meeting of March 29, 1962 be approved as submitted° Vote of the Board: Ayes:- Mr. Rosenberg, Mr. Bergen, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 442 8:15 P.M. (E.S.T.), upon application of Fred W. Young, Sage Boulevard, Southold, New York, for a special exception in accordance with the Zoning-Ordinances Article IV, Section 408, for permission to erect and maintain directional sign on the property of Charles S. Sage, southeast corner of Sage Boulevard, and Main Road (Route 25), Southold, New York° Fee paid $15o00. The Acting 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 -7- April 5, 1962 ACTING CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MI~. FRED W. YOUNG, Sage Boulevard, Southold, New York: think everything is in the application° ACTING CHAIRMAN: A directicn al sign is not supposed to have advertising on it and that applies to all other marinas. MiRo BERGEN: The sign you request is 12 ft. 6 in. by 6 ft. 6 in. and that is larger than we are allowing~ also, it has a lot of advertising on it which we cannot allow. MiR. YOUNG: Doesn't the Zoning Ordinance say 6 ft. 6 in. by 12 ft. 6 in.? ACTING CHAIRMAN: No~ only on premises signs. MR. BERGEN; The largest directional sign we a~low is 4 fto by 6 ft. MR. YOUNG: It is a directional sign, but I have no opportunity at all to bring business off the road. I am being handicapped because I do not have a highway location. If I were on the highway I assume this sign would be within the requirements of the Zoning Ordinance? MR. BERGEN: On your business property, that is right° You can ~ve this sign on your property, but if you have a directional signs which this is, you cannot advertise on it. MR. YOUNG: This is becoming/very competitive business, and if the other businesses are allowed signs in front of their business I should be. I have a waterfront location which is an asset, but I have to get out and fight for the highway traffic and without some sort of directional I am handicapped. MR. ROSENBERG: Do you know any reason why you should be permitted to advertise on the Main Road ? If you are permitted an advertising billboard .on the Main Road all other businesses in the Town should be permitted the sa_me thing. Other marinashave been permitted directional szgns. No marina has received an advertising sign from the Board of Appeals. Southold Town Board of Appeals -8- April 5, 1962 MR. YOUNG: I am not asking for anything that is not permitted~ I just feel I should be allowed the type of sign anyone on the Main Road would be allowed. (Considerable discussion was held relative to the granting of this sign. Mro Young was advised a 4 ft. by 6 ft. sign would.only be granted and no advertising would be permitted on the sign. He could have "Young~s Boat Yard and Marina, Repairs, Sales, Service.") ACTING CHAIRMAN: Is there anyone present who wishes to speak opposition? (There was no response.) This application for a special exception is to replace an existing diredtional sign ~nich has been moved back and forth due to road work. The marina in question is about 1000 ft. south of Main Road and requires a directional sign to indicate the locatic~ of the marina. Other marinas have been granted similar directional signs devoid of advertising as the Board considers such signs for marinas to be in the public interest. This double-face directional sign is to be located on the east side of Route 25 not closer than 15 fto to the property line and not less than 15 ft. from the east side of Sage B®ulevard. The conditions laid down in the Ordinance as far as permissive uses are concerned have been complied with. On motion of Mr. Grigonis, seconded by Mr. Ber gert, it was RESOLVED that Fred Wo Young be granted permissi~n to erect and maintain a directional sign on the property of Charles Sage~ southeast corner of Sage Boulevard and Main Road (Route 25), Southold, New York. Sign size to be 4-ft. in height by 6 ft. in width, lower edge no closer than 3 ft. from the ground level, and upper edge no higher than 15 ft. 6 in. above the ground level. Wording on the sign to be: "Young~s Boat Yard and ~arina~ Repairs, Sales, Service." This sign ~ granted for a period of one year, to commence from the date of this resolution. Southold Town Board of Appeals -9- April 5, 1962 Vote of the Board: Mr. Gr igon is. Ayes:- Mr. Rosenberg, Mr. Bergen, and PUBLIC Pr~.ARING: Appeal No. 443 - 8:30 P.M. (E.S.T.)~ upon application of Ealph D. Conktin, Turkey Lane, Cold Spring Harbor, New York, for a variance in accordance with t_he Zoning Ordinance, article IV, Section 400, Subsection 1, forpermission to reduce side yard setback on property located on the north side Route 25~ Southold~ New York, hounded north by Arthur W. Hahn, east by Mill Creek, south by Main Road, and west by Arthur W. Hahn. Fee paid $15.00. The Acting Chairman opened the hearing by reading application for a varianc~ legal notice of hearing and affidavit attesting to its publication in the official newspaper. THE ACTING CHAIRMAN: Is there anyone who wishes to say anything in favor of this application? ~IR. RALPH D. CONE]LIN, TurkeyLane, Cold Spring Harbor~ New York: I would just like to say that I spoke to Mr. Hahn relative to purchasing additional land, but he is not sure if he wants to sell. Also, where the bulkhead is there will be about 30 fto in the rear yard. ACTING CHAIRMAN: Is there anyone who wishes to speak in opposition to th~ applicaticn? (There was no response°) After investigation and inspection the Board finds that the applicant seeks a variance to permit an addition to the present building whereby one corner of the new addition will be only 4 feet' at the rear of the present property line. The applicant is erecting a bulkhead approximately 200 feet long which will increase the size of the lot and prevent further erosion. He is negotiating to lease or purchase additional land at the point where the variance is required. Southold Town Board of Appeals -10- April 51 1962 The present structure is in process of complete rehabilitation and improvement° This irregular shape lot presents a practical difficulty as well as an unnecessary hardship if the strict letter of the Ordinance is enforced° The situation is unique and the present transformation will improve the appearance of the area° On motion of Mr. Rosenberg, seconded by Mr. Grigonis, it was RESOLVED that Ralph D. Conklin be granted permission to reduce his westerly side yard to 4 ft~ on his property located on the north side of Route 25, Southoldl New York. Vote of the Board: Ayes:- Mr. Rosenberg~ Mr. Bergen, and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M.~ Thursday, April 12, 1962 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 9:30 Respectfully submitted~