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HomeMy WebLinkAboutZBA-04/30/1964 APPEAL BOARD MEMBERS Robert- W. GilJlspie, Jr. Chairman Roberf Bergen Char[es Gregonis dr, Serg~ Doyen, Jr. ~:e~ Hulse, Jr. SOUTHOLD, L.I., N.Y. Tmle ~hone SO 5-26(~0 MINUTES SOUTHOLD TOWN BOARD OF APPEALS April 30~ 1964 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.Mo,. Thursday~. April 30~ 1964~ at the Town Office~ Main Road~ Southold~ New ¥orko There were present: Messrs: Fred Hulse.~ Jro~ Acting Chairman~ Robert Bergen~ Charles Grigonis~ Jro~ Serge Doyen~ Jr. Absent: Mro Robert W2 Gillispie~ Chairmanl PUBLIC HEARING: Appeal No° 654 - 7:30 P.M. (E.D.S.T.)~ upon application of Walter'Potocki, 252 Chestnut-Avenue~ East Meadow~ New York, for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 11~ for permission to place a double faced directional sign on property of C. W. Booth~ south side Route 27A (North Road)~ opposite Kenney:s Road, in Southold~ New York. 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~a and notice to the applicant° , Southold Town Board of Appe~s -2- April 30~ 1~ The Chairman read letter from C. W. Booth giving Walter Potocki permission to place a sign on his property. CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MR. POTOCKI: I would° MR. BERGEN: Is this all it is going to say on the sign~ is "Sunland~ Kenney~s Beach"? MR. POTOCKI: Yes. MR. BERGEN: You know it has to be put back five feet from any property line? MR. POTOCKI: I:m going to put it just behind the utility p01e. It was established that "Sunland" is the name of the apar,~ment Mro Potocki is advertising° MR. BERGEN: Do you have just one apartment thereo MR. POTOCKI: Yes~ we are planning on putting in more rooms though. MR. BERGEN: Would you leave this signuup all year? MR° POTOCKI: The sign would be permanent for the season° CHAIRMAN: Do you feel you need a sign for one apartment? MR. POTOCKI: I think so~ I would like to have it. CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response°) After investigation and inspection the Board finds that Walter Potocki wishes to place a double faced directional sign on the property of Co Wo Booth~ south side Route 27A~ opposite Kenney~'s Road in Southold. Co W. Booth has given permission to place a sign on his property. The sign will read "Sunland~ Kenney~s Beach"~ advertising an apartment. This sign will be beneficial to the traveling public in relation to directions: 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 Southold Town Board of Appeals -3- April 30, 1964 be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Walter Potocki, 252 Chestnut Avenue, East Meadow, New York, be granted permission to place a double faced directional sign on the property offS. W. Booth, south side Route 27A (North Road), opposite Kenney's Road in Southold, New York, subject to the following conditions: 1. The sign shall be placed 5 feet from any property line. 2. The sign shall be placed ~ feet from ground level. 3. The sign shall be maintained and kept in good condition at all times° 4. The sign shall be only seasonal. (summer months) Vote of the Board: Ayes: Mr. Hulse, Mr. Bergen, Mr. Grigonls, Mr. Doyen. PUBLIC PrEARING: Appeal No. 655 - 7:45 P.M. (E.D.S.T.), upon application of Wendell Tabor, Platt Road, Orient, New York, a/c Russell Tabor & Sons, Platt Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1003A, for permission to renew a farm labor camp permit granted June 6, 1963. Location of property: East side Platt Road, Orient~ New York, bounded north by W. B. Karcher, and V. T. Latham, east by R. W. Gillispie, south by G. W. Hallock~ west by Platt Road. 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 to the applicant. CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? FRED TABOR: I suppose I should speak in favor. CHAIRMAN: How many laborers do you have in this camp? MR. FRED TABOR: The Board of Health allows us fifteen. Southold Town Board of Appeals -4- April 30~ 1964 MR. BERGEN: Have you had any trouble with them? MRo FRED TABOR: No, we have never had any trouble with them. MR. BERGEN: The neighbors have never complained? MR. FRED TABOR: NOo The closest neighbor is George Hallock, and he has never complained. THE CHAIRMAN: Anyone present who wishes to speak against this application? (There was no response°) After investigation and inspection the Board finds that Russell Tabor & Sons wishes to renew labor camp permit for the year of 1964. The Board finds that in the pass there has never been any trouble with the laborers, and the neighbors have never complained about them making too much noise. The Board finds that there will be no changes in the camp, it will be the same as it was for the year of 1963. 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 ~ot be permanently or substantially injured and the spirit of the Ordinance will be observed° On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that Wendell Tabor, Platt Road, Ori~ New York a/c Russell Tabor & Sons~ Platt Road, Orient, New York, be granted permission to renew a farm labor camp permit granted June 6~ 1963~ on property located east side Platt Road, Orient~ New York° This permit shall run for the calendar year of 1964. Vote of the Board: Ayes: Mr. Hulse~ Mro Bergen, Mr. Grigonis: Mr~ Doyen° PUBLIC HEARING: Appeal No. 656 - 7:50 P.M. (E.D.S.T.)~ upon application of Lloyd Terry~ Main Road, Orient~ New York, for a special exception in accordance with the Zoning ordinances. Article Section 1003A, for permission to renew a farm labor camp permit granted May 23~ 1963o Location of property: South side Main Road, Orient, New York.a. bounded north by Main Road~ east by So Koroleski and R. & H. Latham~ south by Long Beach Bay, west by Mrs. E. W. Latham Estates° Fee paid $5.00. Southold Town Board of Appeals -5- April 30, 1964 The'Chairman opened the hearing by reading application for special exceptions legal notice of hearing~ affadavit attesting to its publication in the official ne-~spaper~, and notice to the applicant° THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MR. HOWARD TERRY: Mro Lloyd Terry was in talking to me about this the other day. He said he hasn't had any problems with it~ and he hasn't had any complaints from the neighbors° He expects to move it in his own back yard next year. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no responses) After investigation and inspection the Board finds that~Lloyd Terry wishes to renew labor camp permit for the year of 1964. The Board finds that in the pass there has never he-any trouble with the laborers~ and the neighbors have never complained about them making too much noise° The Board finds that there will be no changes in the camp~ it will be the same as it was for the year of t963~ howevers. Mro Terry is planning on putting it in his own back yard next year. The Board finds that the public convenience and justice and welfare 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. Hulse~ seconded by Mro Bergen~ it was RESOLVED that Lloyd Terry~ Main Road~ Orient~ New York~ be granted permission to renew farm labor ~camp permit that was granted May 23~ 1963 on property located south side Main Road~ Orient~ New York. This permit shall run for the calendar year of 1964o Vote of the Board: Ayes: Mro Hulse~. Mro Bergenz Mro Grigonis~ Mr. Doyen° PUBLIC HEARING: Appeal No° 657 - 8:00 P.M. (E.D.S.To)~ upon application of Edward Lo Barnes~ 303 East 65 Street~ New York 21~ New York~ a/c Volney Righter and Wife~ Fishers Island~. New York,~ for a variance in accordance with the Zoning Ordinance~ Article III~ Southold Town Board of Appeals -6- April 30, 1964 Section 300~ Subsection 7,~ for permission to build a private garage and guest quarters ~ith insufficient setback for accessory building° Location of property: Bl~ck No. 39~ Lot No. 7~ Fishers Island, New York~ bounded north by Fishers Island Soun~ east by Edmond Carpenter~ south by private road~ west by Robert Leeson. Fee paid $5°00. The Chairman opened the hearing by reading application for variance~ legal notice of hearing~ affadavit attesting to its publication in the official newspaper~ and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MR. LUTZKER: (Representative of Edward Lo Barnes~ New York) I would like to show you some drawings of the proposed b~ildi~gs~ MRo BERGEN: The application is for a garage and guest house. Is there going to be any kitchen facilities? MR. LUTZKER: No~ just sleeping quarters. The Board looked at the drawings Mr. Lutzker presented to them and discussed them° Mr. Howard Terry presented to the Board photographs he had taken of the property in question. The Board discussed the sea level of the property and how this would effect building on the property. MR. DOYEN: This als a very desirable application. I can think of no reason why it shouldn't be granted~ the reasoning in the application is sound° THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no responses) After investigation~+and inspection'the Board finds that Edward Lo Barnes~ 303 East 65~Street, New York 219 New York, a/c Volney Righter & Wife, Fishers Island~ New York request~permission to erect a private garage and guest quarters with insufficient setback for accessory buildings° The Board finds that if it was to be placed back further~ the buildings would be very close to the water and there would be danger of flooding. Also placing the buildings back further would impair the view of the ocean~ thus devaluate the land value° The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship $outhold Town Board of Appeals -7- April 30~ 1~64 created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the districtv On motion by Mr. Doyen, seconded by Mr. Bergen,. it was RESOLVED that Edward L. Barnes~ 303 East 65 Street~ New York 21~ New York, a/c Volney Righter &~Wifez Fishers Island, New York~ be granted permission to build a private garage and guest quarters with insufficient setback for accessory building on property located on Block No. 39~ Lot No. 7~ Fishers Island~ New York, Vote of the Board: Ayes: Mr. Hulse~ Mr. Bergen~ Mr. Grigonis~ Mr. Doyen. PUBLIC HEARING: Appeal No. 658 - 8:15 P.M. (E.D.S. To)~ upon application of Fishers Island Farms,. InCo~ Fishers Istand~ New York,, a/c James Ho Ackerman~ Lake Wales~, Floridaz for a variance in accordance with the Zoning Ordinances. Article III,1 Section 300~ Subsection 7~ for permission to install a swimming pool in the side yard area. Location of property: south side East End Road~ Fishers Is~and~ New York~ bounded north by private road~ east by Suffolk County property,s, south by George E. Roosevelt~ west by private road. Fee paid $5°00° The Chairman opened the hearing by reading application for variance~ legal notice of hearing~ affadavit attesting to its publication in the official newspaper~ and notice to the applieanto Mr° Howard Terry showed to the Board pictures he had taken of the property in question~ which the Board discussed briefly. THE CHAIRMAN: Is there anyone present Who wishes to speak in favor of this application? (There was no response.) 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 Fish,rs Island Farms~ InCo~ a/c James Ho Ackerman wishes to Southold Town Board of Appeals -8- April 30~ 1964 place a swimming pool in the side yard area. The Board finds there is ~very little space available in the back yard area~ therefore~ making it impossible to place the swimming pool in the back yard area° The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all propertieS alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mro Doyen, seconded by Mro Hulse~ it was RESOLVED that Fishers Island Farms~ Inc.~ Fishers island, New York~ a/c James Ho Ackerman~ Lake Wales~ Florida~ be granted permission to install a swimming pool in the side yard area on property located south side East End Road~ Fishers Island~ New York. Vote of the Board: Ayes: Mr. Hulse~ Mr° Bergen~ Mr. Grigon~s~ Mro Doyen. PUBLIC HEARING: Appeal NO. 659 - 8:30 P.M. (E.D.S.T.)~ upon application of Conrad Russo~ 185 N. BOStOn Avenue~ N. Massapaqua~ New York: for a variance in accordance with the Zoning Ordinance~ Article III~ Section 306~ for permission to build on a lot with znsufficient setback from the road° Location of property: Osprey Nest Road~ Greenport~ Map of cleaves Point, Section 1~ Lot NOo~19o Fee paid $5°00. The Chairman opened the hearing by reading application for variance~ legal notice of hearing~ affadavit attesting to its publication in the official newspaper~ and notice .to the applicant. The Board looked at the plot plan of the property in question° THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MR. RUSSO: I am in favor~ of course. THE CHAIRMAN: Is there anything you would like to add to what is already stated on the application? MR. RUSSO: I have no~hing to add° Southold Town Board of Appeals -9- April 30, 1964 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 Conrad Russo wishes to build on a lot with insufficient setback from the road° The Board finds that Conrad Russo has a very unusual lot. He has three front yards and no side yards for legal purposes. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district° On motion by Mr. Hulse, seconded by Mr. Bergen~ it was RESOLVED that Conrad Russo, 185 No Boston Avenue~, No Massapaqua,~ New York~ be granted permission to build on s lot with insufficient setback from the road on property located on Osprey Nest Road~ Greenport~ New York° Vote of the Board: Ayes: Mr. Hulse~ Mro Bergen~ Mro Grigonis~ Mr. Doyen. PUBLIC HEARING: Appeal NO° 660 - 8:45 P.M. (E.D.S,T.)~ upon application ofWilliam Wickham~ Mattituck~ New York~ a/c Martin Filla~ Mattituck~ New York for a variance in accordance with the Zoning ordinance~ Article III~ Section 3034 Article X~ Section 1000A~ for permission to divide property setting aside a 50 ft, right-of-way. Location of property: Main Road~ Mattituck~ New York~ bounded north by other land of Martin Filla~. east by land of Martin Filla~ south by Main Road~ west by Bergen and other. Fee paid $5o00o Mr. Bergen disqualified himself in voicing an opinion in this hearing due to the fact that he his indirectly involved° The Chairman opened the hearing by reading application for variance, legal notice of hearing~, affadavit attesting to its publication in the o~ficial newspaper~ and notice to applicant° MRo BERGEN: Mro Wickham said he was going to try to be present at the hearing tonight. He had another meeting and was going to $outhold Town Board of Appeals -10- April 30~ I964 come to the hearing if possible, MR. GRIGONIS: How do you feel about this~ Mr, Bergen? Is it okay with you? MR. BERGEN: Yes. CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no ~responseo) After investigation and inspection the Board finds that William Wickham~ a/c Martin Filla wishes to divide property setting aside a 50 foot right-of-way° The applicant wishes to divide this lot because it is the only way it can be sold. The 50 foot right-of-way is requested in order to have access to the applicant's farm which is on the remainder of the property, The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district° On motion by Mr, Doyens. seconded by Mr, Grigonis~ it was RESOLVED that William Wickham~ Mattituck~ New York~ a/c Martin Filla~ Mattituck~ New York~ be granted permission to divide property setting aside a 50 foot right-of-way on property located on Main Road~ Mattituck~ New York, Vote of the Board: Ayes: Mr, Hulse~ Mro Grigonis~ Mro Doyen, On motion by Mr, Hulse~ seconded by Mr~ Bergen~ it was RESOLVED that the minutes of the Southold Town Board of Appeals dated April 16~ 1964 be approved as submitted° Vote of the Board: Ayes: Mr, Hulse~ Mr° Bergen~ Mr, Grigonis~ Mr, Doyen, Southold Town Board of Appe~s -11- April 30~ 1~64 In accordance with a letter received from the Mattituck Fire Department~ on motion by Mr. Hulse~ seconded by Mro Bergen~ it was RESOLVED that the Board of Appeals grant 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 1~ 1964 through July 11~ 1964. These posters will advertise a bazaar to be held July 3-4 and 9-11~ 1964. In the letter requesting permission Mr. Suter~ Secretary or-the Mattituck Fire Department~ agrees to remove these posters promptly after July tltho It is believed that 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. Hulse~ Mr. Bergen~ Mr. Grigonis~ Mro Doyen. On motion by ~ro Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T.)~ Thursday~ May 14~ 1964~ at the Town Office~ Main Road~ Southold~ New York~ as time and place of hearing upon application of William and Regina Victoria~ Bayview Road~. Southol~ 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 Polywoda~ intersection of Bayview Road and Route 25~ Southold~ New York~ known as Chevron Service Station° It was the opinion of the Board that a letter should be sent to William and Regina Victoria advising them that a letter of permission to put a sign on the above mentioned property should be obtained from the owner of the property as well as the tessee~ Joseph Polywoda. vote of the Board: Ayes: Mr. Hulse~ Mr. Bergen~ Mr. Grigonis~ Mr. Doyen° On motion by Mr. Bergen~ Seconded by Mro Grigonis~, it was RESOLVED that the $outhold Town Board of Appeals set 7:45 P.M. (E.D.S.T.)z T~ursday~ May 14~ 1964~. at the Town Office~ Main Road~ Southold,~ New York~ as time and place of hearing upon application of William and Regina Victoria~ Bayview Road~ Southold~ New York~ for a special exception in accordance with the Zoning ordinance~ Southold Town Board of Appeals -12- April 30t 1964 Article III~ Section 300.~ Subsection 11, for permission to erect a directional sign on the property of H. Bo 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 Roadt west by Jo Bryndao Vote of the Board: Ayes: Mro Hulse~ Mr° Bergen~ Mro Grigonis~ Mro Doyen. On motion by Mr. Grigonis~ seconded by Mr. Doyen~ it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.)~ Thursday~ May 14~ 1964~ at the Town Office~ Main Road~ Southold, New York~ as time and place of hearing upon application of Charles King~ Aquaview Avenue~ East Marion~ New York, a/c Marc Jo Iglesias~ Aquaview Avenue, East Marion~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 307, for permission to erect an addition on the existi~ 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. Rowea~ south by Aquaview Road~ west by.S° Van Scivero Vote of the Board: Ayes: Mr. Hulse~ Mr. Bergen~ Mr. Gr~gonis~ Mr. Doyen. On motion by Mr° Doyen~ seconded by Mr. Hulse, it was RESOLVED THAT the Southold Town Board of Appeals set 8:15 PoM. (EoDoS.T.)~ Thursday~ .~May 14~ 1964z at the Town Office~ Main Road, Southold~ New York~ as time and place of hearing upon application of Sprague~ Dwyer,. Aspland, & Tobin~ Attorneys at Law~ 220 Old Country Road, Mineota, 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 Road~ (Route 25)~ and Moore's L~ne~. 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. Vote of the Board: Ayes: Mr. Hulse, Mr. Bergen~ Mr. Grigonis~ Mr~ Doyen° The next meeting of the Southold Town Board of Appeals will be held 7:30 PoM. (E.D.S.~o)~ Thursday~ May 14~ 1964,~ at the Town ~ffice~ Main Road, Southold~ New York. Meeting adjourned 9:35 Southold Town Board of App ks -13- April 30,, 64 Respectfully submitted~ Barbara Lo Carroza~ Secretary