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HomeMy WebLinkAboutZBA-05/14/1964 APPEAL BOAR D MEMBERS Rober~ ~V. ®i[]is~ie, Jr., Chairm~n Roberf Bergen Char es Gregonis, Serge Doyen SOUTHOLD, L.I., N.Y. Talephone SO 5-2660 MINUTES SOUTHOT.D TOWN BOARD OF APPEALS May 14~ 1964 A regular meeting of the Southold Town Board of Appeals was held Thursday, 7:30 P.M., May 14, 1964, at the Town Office, Main Road, Southo~d, New York. There were present: Messrs: Robert-W. Gillispie, Jr., Chairman, Robert Bergen, Fred Hulse, Jr. Absent: Mr. Serge Doyen, Jr., and Mr. Charles Grigonis, Jr. PUBLIC HEARING: Appeal NOo 661 - 7:30 P.M. (E.D.S.T.), upon application of William and Regina Victoria, Bayview Road= Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect a directional sign on the property of Southold Bayview Corporation, lessee, Joseph P~lywoda, intersection of Bayview Road and Route 25, Southold, New York, known as Chevron Service Station. Fee paid $5.00. Southold Town Board of App~±s -2- May 14, 196_ The Chairman opened the hearing by raading application for special exception, legal notice of hearing, affadavit attesting to its publication in the official newspaper, and notice to the applicant. The Chairman also read a letter from Joseph Polywoda giving Mrs. Victoria permission to place a sign on the property in question. However, Mr. Polywoda does not own this property, he is the lessee. Mr. Bergen felt that in the letter of permission from Mr. Poly~oda, the word advertising should be changed to directional. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MRS. REGINA VICTORIA: I was wondering if I could ask for a postponement on this particular sign as to have more time to obtain permission from the actual owner of the premises. I wrote them the second of May° I have n~heard from them at all~ they have not even acknowledged the fact that I have written. I would like to have more time to get some sort of response from them. THE CHAIRMAN: That seems like a reasonable request. Is there anyone present who wishes to speak against this application? There were two men present at this hearing from the Civic Association. REPRESENTIVE: (from Civic ASSOciation) We represent the Civic Association. We came up here to see what this is all about. I went down and talked to Mr. Polywoda. This doesn't have permission from the properSy owner. MRS. REGINA VICTORIA: i am going to try to obtain permission from the Southold Bayview Corporation~ owner of the premises. THE CHAIRMAN: Is there a sign in this location now? REPRESENTIVE: There is an advertising sign~ advertising Chevron Spark Plugs in front of the milk machine. Now they are going to take this sign down and put up Victoria's sign. MRS. VICTORIA: That isn't what we intended to dOo W~en talking to Mr. Polywoda~ he said something about taking down that sign for spark plugs, then I could put my sign there° Southold Town Board of Appea~s -3- May 14, 1964_ THE CHAIRMAN: Do you have any other signs on the Main Roa~? MRS. VICTORIA: We have onesign in Peconic, and one sign in Riverhead. REPRESENTATIVE: What is the color of your signs? MRS. VICTORIA: Pink and blue. I suppose these colors may be very sickening, however, we make the signs these colors because they catch the people's eye and that's what we want. The Board, the Representatives, and Mrs. Victoria held a lengthy discussion on signs. They discussed the color of signs, locations, sizer and the wording on signs. The Chairman explained to the Representatives the meaning of non-conforming signs. The Chairman then declared the hearing closed. After investigation and inspection the Board finds that Regina and William Victoria wish to place a directional sign on the property of Southold Bayview Corporation, lessee, Joseph Polywodao Mrs. Victoria has permission from Joseph Poly~oda, but has not yet obtained permission from the owner of the premises. She is in the process of obtaining this permission. The~sign will be an arrow approximately 30" x 12",, with the words "Victoria Motel Cottages", directing the public to cottages for rent. The Board feels that this sign will be beneficial to the traveling public in relation to places of lodging in the Town of Southold. 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 by Mr. Gillispie~ seconded by Mr. Hulse~ it was RESOLVED thatWilliam and Regina Victoria, Bayview Roads Southold~ New Yorks be granted permission to erect a directional sign on the property of ~outhold Bayview Corporation,. lessees Joseph Polywoda~ at the intersection of Bayview Road~. and Route 25, Southold, New York, known as Chevron Service Stations subject to the following conditions: 1.~ The approval of Southold Bayview'Corporation~ owner of the premises. 2. The sign shall be placed 5 feet from any property line. Southold Town Board of Appeals -4- May 14~ 1964 3. The sign shale./be placed 3 feet from grou.~d level. 4. The sign shall be subject to all rules and regulations of non-conforming signs. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen, Mr. Hulse. PUBLIC PiEARING: Appeal No. 662 - 7:45 P.M. (EoD.$oT.)~ upon application or-William and Regina Victoria~ Bayview Road~ Southold New York~ for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 11~ for permission to erect a directional sign on the property of H. B. Robinson. Location of property: north side Route 25~ East-Cutchogue~ New York~ bounded north by Long Island Railroad~ east by'Stanley Rysko~ south by Main Road, west by J. Bryndao Fee paid $5.00. The Chairman opened the hearing by reading application for special exception~ legal notice of hearing~ affadavit attesting to its publication in the official newspaper~ and notice cto the applicant° The Chairman read the letter of permission from H. B. Robinson~ to place a sign on his property. The Board discussed the location of the s~gno The Two representatives from the Civic Association were present at this hearing also. REPRESENTATIVE: This becomes as advertising sign rather than a directional sign° MRo BERGEN: I think it would be a directional sign. THE CHAIRMAN: The sign shows the directions~ It tells how many mile to the cottages, it is helpful to know that it is heated. I don't think the words "week-~eek-end" are needed or the telephone number. Do you think you need the telephone number? MRS. VICTORIA: No~ not re&l~;. The Board~ the Representatives and Mrs. Victoria held a discussion on the nature of the sign. They discussed other signs that are in the Town of Southold. Mr. Arthur Williams~ Indian Neck Lane~ Peconic, entered into the discussion. He felt that the Town Of Southold should have a shape and color code for signs° THE CHAIRMAN: Is there anyone present who wishes to say anything further about this sign? (There was no response.) Southold Town Board of Appa~_~s -5- May 14~ 196~. After investigation and inspection the Board finds that William and Regina Victoria wish to place a directional sign on the property of H. B. Robinson~ north side Route 25, East Cut~duoguet New York. Mro Robinson has given permission to place a sign on his property. On the sign will appear the words "Victoria Motel Cottages, heated, Bayview~ Southold, and the mileage to the cottages". The Board finds that this sign will be beneficial to the traveling public in relation to places of lodging in the Town of Southold. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that William and Regina Victoria~ Bayview Road~ Southold~ New York~ be granted permission to place a directional sign on the property of Ho B. Robinson: located north side Route 25~ast~Cutchogue, New York, subject to the following conditions: t. The sign shall be 4~ x 6' 2. The sign shall be placed 5 feet from any property lineo 3. The sign shall be placed 3 feet from ground level. 4. The sign shall be subject to all rules and regulations of non-conforming signs. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. Hulse: PUBLIC HEARING: Appeal NOo 663 - 8:00 P.M. (E.D.S.T.)~ upon application of Charles King~ Aquaview Avenue~ East Marion~ New York, a/c Marc Jo Iglesias~ Aquaview Avenue~ East Marion,1 New Yorkz for a variance in accordance with the Zoning Ordinance~ Article Section 307~ for permission to erect an addition on the existing dwelling with no side yard area. Location of property: north side Aquaview Avenue, East~Marion~ New York~ bounded north by Long Island Sound~ east by Percy S. Rowe~. south by Aquaview Road,. west by S. Van Sciver. Fee paid $5°00° Southold Town Board of Appe~js -6- May 14, 1964 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 Board looked at the pictumes of the property in question, and the Chairman read the following letters: April 22, 1964, Dear Mr. Terry: I understand that Mr. Iglesias whose property on Aqua View Avenue in East Mamion borders the East side of my property plans to extend the back of his house. Since this would obstruct my view on this side of my property I am very much con- cerned, because I feel that this would depreciate the value of my property considerably. I would be most grateful if you would inform me of anything that I can do about this matter. Sincer~y, /s/ Ingeborg Tallarek. cc~ Mr. Joseph Snetlenburg II, Mr. Lester Albertson. April 25, 1964, Dear Miss Tallarek: Thank you for your letter of April 22nd, RE: proposal of Mr. Iglesias to build on the rear of his house, Aqua View Ave., East Marion. A builder has been in to see me about such an addition and his proposal comes within the permitted requirements of the Ordinance. They have no yet submitted any drawings or plans or an applicantion for a building permit. I have been assured that the addition on the west side of the Iglesias house will be removed this week, I will keep my eye on it. Yours truly, /s/ Howard Terry, Building Inspector. May 11~ 1964, My Dear Mr. Terry: In regards to the violation on the property of my neighbor, Marc Iglesias in East Marion, I wish to say in their behalf that I do not consider this small addition to their home a nuisance or offensive in anyway. We find them always eager and willing to maintain and improve our community. My many thanks for you kind indulgence. /s/ Percy S. Rowe. May 11, 1964, Dear Mr. Terry: I have recently learned that Mr. Marc Iglesias of Aqua View Road, East Marion has been served for a violation on his property as a result of a small addition to ~is Southold Town Board of ~ppeals -7- May 14~ ~964 home. As one of his close neighbors and an interested citizen in any change in our community, I feel that _~this may work a hardship and might be unjust. I do believe that his merits some reconsideration. Very sincerely, /s/ W. J. Davies. THE CPIAIRMAN: Is there anyone present who wishes to speak in favor of ~his application? MiR. CHARLES KING: I would like to speak in ~favor of it. It is a temporary shed. It can be apart in two hours and be put up in two hours, tt is only to be used to store tools while he is building an addition on the house. When he is finished building the~addition, the shed will come down. If you were up there, you would see what kind of a place he keeps. THE CHAIRMAN: It is very attractive. MR. CPIARLES KING: He wants the shed to keep the tools in so that they are not ~%scattered all over the yard. There isn't any place else to put the shed, he certainly wouldn't want it in his front yard. THE CHAIRMAN: Ail the lots are long narrow lots in this section. The lot adjacent is a long narrow lot. On the basis of this reasoning, the shape of the lot does not seem like an unique hardship. STANT~Y'CORWIN, ESQ.: Would the applicant settle for hav~hg the shed temporarily? MR. CPLARLES KING: Yes, that is what he wants. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MISS /NGEBORG TALLAREK: I would like to speak against it. The house was build when I was away. When I came back last year this small house was built. I went to Mr. Iglesias and asked him~ to move it. The Board discussed the lots in that area, and how Miss Tallarek's lot is located in relation to Mr. Iglesias's lot. MISS TALLAREK: How far does he have to be from my property lineg THE CHAIRMAN: The Building Inspector is in position to reduce the side yards to 5 feet and 7½ feet. South01d Town Board of Appe~s -8- May 14, 1964 Miss Tatlarek showed to the Board pictures she had taken of the property in question. They were large photos which exposed the situation very well. The Board looked at them, and discussed them. CHAIRMAN: Is there anyone else who wishes to speak against this application? MISS TA~LAREK: I would like to say again that I am very much- against this, and I want to have my rights. THE CHAIRMAN: Are there any questions? I think the Board would like to ask some questions. ARTh~JRWILLIAMS, Indian Neck Lane, Peconic: Just how long will he be able to leave this building up? THE CHAIRMAN: We will cover that. MISS TAL?.AREK: The letter I wrote to Mr. Terry, was not concerning the small shed, it is the addition which he proposed to put on the house. This addition would obstruct my view. There was some discussion on the layout of the lots and how Mr. iglesias's addition would affect Miss Tallarek's view. THE CHAIRMAN: I beleive that this hardship Ks a self created hardship. The addition is practically on the neighbors property, or perhaps is. THE CHAIRMAN: Is there anything further for or against this application? (There was no response.) After investigation and inspection the Board finds that Charles King, a/c Marc Iglesias has built a small shed on the side of the existing dwelling, with insufficient side yard area. The Board feels that this is a self-created hardship. The Board finds that the hardship is not~iunique, due to the fact that the other lots in the area are also long narrow lots. The reasoning in the application is not sound. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would betshared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and will change the character of the district. Southold Town Board of Appea_s -9- May 14, 1964 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Charles King, Aquaview Avenue, East Marion, New York, a/c Marc J. Iglesias, Aquaview Avenue, East Marion, New York, be denied permission to erect an addition on the existing dwelling with no side yard area. It is further RESOLVED that the shed be taken down by midnight, May 29, 1964, on the property located north side Aquaview Avenue, East Marion, New York. vote of the Board: Ayes: Mr. Giltispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal NO. 664 - 8:15 P.M. (E.D.S.T.), upon application of Sprague, Dwyer, Aspland, & Tobin, Attorneys at Law, 220 Old Country Road, Mineola, New York~ a/c New York Telephone Company, Mineola, New York and Village of Greenport, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subdivision 6a, for permission to erect a telephone exchange building and accessory uses on property of the Village of Greenport. Location of property: north west corner Main Rgad~ (Route 25)~ and Moore's Lane, bounded north by other land of Village of Greenport, east by Moore's Lane, south by Main Road, west by other land of Village of Greenport. Fee paid ~5.00. MRQ' STANLEY CORWIN, ESQ.: I don't think it is necessary for you to read the application, legal notice, etc. right now. THE'CHAIRMAN: I understand that I am suppose to do this, so I guess I better. The Chairman read the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapert and notice to applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application2 MR. STANLEY CORWIN, ESQ.: I represent the Village of Greenport. The Village certainly needs this new installation. The Village is interested in disposing of its property and is interested in assisting the Telephone Company in making this installation. The statements made in the application are true in every respect. The only resident in this area is the one on the north east corner of the Main Road and Moore's Lane. The rest of the property is surrounded by business. I d~n't think anyone is going to oppose this installation. Southold Town Board of Appea~ -10- May 14, 196 THE CHAIRMAN: I would be inclined to agree with the statement of Mr. Corwin. I would also like to congratulate whoever wrote and typed this application° Is there anything you would like to add to it? MR. JAMES J. MILLIGAN: I did the application and thank you. I have nothing to add to 'kit. These gentlemen,(there were three other representative present at the hear~ng)~ will be happy to answer any technical questions. The only change in the application is that the building will be 80 feet by 80 feet~ instead of 60 feet by 80 feet. THE CHAIRMAN: The record will show that the Telephone Company amends their application by increasing the size of the building from 60 feet by 80 feet ~o 80 feet by 80 feet. MR. HULSE: I see them down there boring holes in the ground. How masy do they bore? REPRESENTATIVE: About four or five. MR~ HULSE: How deep do they go? REPRESENTATIVE: They go down 40 feet, and one hole goes deeper to see what is further down. THE CHAIRMAN: Will all the latest equipment be used in the building? REPRESENTATIVE: As modern as we have. MR. HULSE: Will this be the "touch dial" that we see at the Worlds Fair? REPRESENTATIVE: Not until about 1967. 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 New York Telephone Company wishes to erect a telephone exchange building 80 feet by 80 feet on the property of the Village of Greenport~ on the north west corner of the Main Road. The Board finds that this building is a necessity to the public. The building will not create a traffic problem. There will be no noise~ gases~ or odors coming from the building. The premises are accessible to fire and other emergency equipment. Southold Town Board of Appea_~ -11- May 14~ 196,~ The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr, Gillispie~. seconded by Mr. Bergen~ it was RESOLVED that Sprague~ Dwyer~ Aspland~ & Tobin~ Attorneys at Law~ 220 Old Country Road~, Mineola, New York~ a/c New York Telephone Company~ Mineola~ New York,. and Village of Greenport, Greenport~ New York~ be granted permission to erect a telephone exchange building and accessory uses on property of the Village of Greenport~ located on the north west corner of Main Road~ (Route 25)~ and Moore's Lane~ Greenport~ New York. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. Hulse. Mr. Roy Terry~ Southold~, appeared before the Board for an in- formal discussion concerning Ulrich Marina~ JockeyCreek~ $outhold. Mr. Terry felt that the land was being defaced by digging it out. He also wanted to know if Ulrich Marina had the right to excuvate. The Board advised him that Ulrich Marina has that right. On motion by Mro Hulse~ seconded by Mro Bergen, it was RESOLVED that the minutes dated April 30~ 1964, of the Southold Town Board of Appeals be approved as submitted. Vote of the Board: Ayes: Mr. Gillispie~ Mro Bergen~ Mr. Hulse. On motion by Mr. Gillispie, seconded by Mr. Hulse~ it was RESOLVED that the Board of ~ppeals set 7:30 P.M. (E.D.S.T.)~ Thursday, May 28~ 1964~ Town Office, Main Road, Southold, New York~ as time and place for hearing upon application of Edna Brown, East Ma~ion~ New York~ a/c John A. LeBarz Box 53~ RD 1~ Stroudsburg: Pennsylvania~ for a variance and recognition of access in accordance with the Zoning Ordinance~ Article III, Section 303~ Article X~ Section 1000a, and the State of New York Town Law~ Seckion 280A~ for permission to divide and set off a lot with insufficient width~ and for approval of access° Location of property: Right- of-way off west side Bay Avenue~ East Marion~ New York~ bounded Southold Town Board of AppeaLs -12- May 14~ 196~ north by Lake, east by L. Baltz~ south by Bat, and west by Edwards. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. Hulse. On motion by Mro Hulse~ seconded by Mr. Bergen~ it was RESOLVED that the Board or'Appeals set 7:45 P~M.(EoD. S.T.), Thursday~ May 28z 1964~ Town Office, Main Road~ Southold~, New York~ as time and place for hearing upon application of Joseph Milcetic~ 3t-57 33rd Street~ Long Island City~ New York~ for recognition of access in accordance with the State of New York Town Law, Section 280A. Location of property: Right-of-way east side Boisseau Avenue~ Southold~ New York~ bounded north by Eo C. Maier, east by GJW'Barazac~ south by right-of-way-Maier~ west by John Milcetich. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen~ Mr. Hulse. On motion by Mr. Bergen~ seconded by Mr. Gillispie~ it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.DoS. T.) Thursday~ May 28~ 1964~. Town Office, Main Road~ Southold~ New York~ as time and place for hearing upon application of Stanley Corwin~ Esq.~ Greenport~ New ¥ork~ a/c Joseph Aveta~ Goldin Lane, Southold, New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Sections 303, 306~ 307, 308, and Article X, Section 1000a, for permission to change lot lines with insufficient side yard~ frontage~ and area. Location of property: Soundview Avenue and Goldin~Lane~ Lots NO. 6~ 7~ and 21~ Southold~ New York~ bounded~ north by Soundview Avenue, east by Goldin Lane, south by lot-$20~ map of "Nathan Goldin"~ west by Levin. Vote of the Board: Ayes: Mr. Giltispie~ Mro Bergen,. Mr. Hulse. The next meeting of the Southold Town Board of A~peals will be held 7:30 PoM.~ (E.D.S.T.)~ Thursday~ May 28~ 1964~ at the Town Office~ Main Road~ Southold~ New York. Meeting adjourned at 10:55 P.M. Respectfully submitted ~ /Barbara L. Carroza, Secretary