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HomeMy WebLinkAboutZBA-01/23/1964 APPEAL BOARD MEMBERS Robeff V¢. ®[][bple, Jr., Che]rm~n Rober'F B'erg~n Char]es Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. SOUTHOLD, L. I., N.Y, Telephone SO 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS January 23, 1964 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, January 23e 1964 at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Gillispie, Jr., Chairman, Robert Bergen, Charles Grigonls, Jr. and Fred Hulse, Jr. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 628 - 7:30 P.M. (E.S.T.), upon application of Kathryn M. Reeve, Sound Avenue, Mattituck~ New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to erect a private detached 'garage in the front yard area of her property 83 feet from the front property line. Location of property: south side Mason Drive, Cutchogue~ New York, bounded north by Mason Drive, east by I. Merrill, south by Broadwater cove, and west by E. A. Smith. Fee paid $5.00. Southold Town Board of Appeals -2- January 23, 1964 The Chairman opened the hearing by reading application for a variance, legal notice of the hearing, affidavit attest- ing to its publication in the official newspaper and notice to the applicant. THE CHAIRM3~: Is there anyone present who wishes to speak for this application? (There was no response.) (The Board discussed the proposed location of the garage. The Board members had all investigated the location.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (T~.?re was no response.) After investigation and inspection the Board finds that the applicant has a large piece of property (226 feet on Mason Drive) with the residence located on the rear of the property facing Boardwaters Cove. As is the practice in most of these situations the garages are located in the legal front yard so that the view of the property owner will not be obstructed. This applicant wishes to erect a detached garage in her front yard area for this same reason. The garage will be 83 feet from the front property line and 6-1/2 feet from the westerly side line. It would be an unusual hardship to require this applicant to locate her garage in the rear yard as there are many garages in the front yard in this area~ therefore it will not change the character of the neighborhood. The Board finds that strict application of the Ordinance will produce practical dif ~.ulties 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. Southold Town Board of Appeals -3- January 23, 1964 On motion of Mr. Gillispie, seconded by Mr. BergeD, it was RESOLVED that Kathryn M. Reeve ~¢~granted permission to erect a private detached garage in the front yard area of her property 83 feet from the/property line. Property located on front the south side Mason Drive, Cutchogue, New York~ Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, aNd Mr. Hulse. PUBLIC HEARING: Appeal No. 627 7:45 P.M. (E.S.T.), upon application of C. F. Van Duzer Gas Service, Inc., Route 27A, Southold, New York, for a special exception in accord- ance with the Zoning Ordinance~ Article X~ Section 1007, Subsection (a), for permission to erect a Propane storage tank in the rear of his business property. Property located on the north side Route 27A, Southold, New York, bounded north by H. E. Tuthill, east by R. W. Ryan~ south by County Route 27A, and west by H. E. Tuthill. 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 notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. CHARLES F. VAN DUZER. Mr. Van Duzer stated that the propose~ location of the storage tank and pump house will be east of the existing cylinder storage and filling building now located in the rear%of his property on Route 27A~ Southold. This new installation must be at least 25 feet from any lot line. All precautions will be taken to concur with the propane gas regulations. He stated that the main hazards where propane gas is concerned is that, (1) if it is loose it is highly flammable and (2) it is heavier than air. Of course, he explained, there is always the hazard of carelessness. Southold Town Board of Appeals -4- January 23, 1964 Mr. Van Duzer stated that there are two such installa- tions in Riverhead on West Main Street in a more densely populated, area owned by Conservative and Pul~er.. He explained that the pressure of the tank is about 90 lbs. in the summer and 40 to 50 lbs. in the winter but they are rated well over the maximum of 160 lbs. He did not know of any sxplosions in bulk storage but there have been some in trucks. When asked how big this tank will be, he stated 30,000 gal. Pulver just put a 30,000 gal. tank in Bridgehampton. Previously the maximum size was 30,000 but they have been revised to 90,000 now. The dimensions of a 30,000 gal. tank is approximately 24 ft. by 60 fto Mr. Van Duzer stated that presently he stor~sapproximately 200 cylinders at 23.6 hal. per cylinder or 100 lbs. to a cylinder. PQunds is usually used in measuring gas. With the new installa- tions they would have only about 50 filled tanks in storage. In the construction of the pump house there will be special electric lights, concrete construction with a concrete floor, proper static lines, exhaust fans, and it will be fenced. There is a safety margin for filling the tanks and this is well below any danger. These installations are inspected by the insurance companies occasionally without warning. When asked what would happen if a cylinder were to fall over and the gas started e~caping, Mr. Van Duzer replied that it would vaporize as soon as it hit the air. As far as gas seeping into the water supply, that was never heard of. (Mr. Richard Van Duzer and Mr. Robert Moeller appeared to aid in answering questions.) THE CHAI~: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any further questions? (There was no response.) Southold Town Board of Appeals -5- January 23, 1964 After investigation and inspection the Board finds that the applicant wishes to install a 30,000 gal. propane gas tank on his business property. The applicant feels this expansion is necessary to his business and it will enable him to fill his own tanks. He presently storesapproximately 200 filled tanks and with the erection of his own filling and charging building he will only have to have approximately 50 filled tanks on hand. The construction of the pump house will be under the safest regulations for such an installation. In granting this application for a special exception it is fully understood that the standards outlined in the publica- tion "Standard for the Storage and Handlingof Liquefied Petroleum Gases" dated May 1961, by the National Fire Protection Association will be fully adhered to in every detail with the exception that the container charging room shall be located at 1-~ times the distance listed in paragraph 2.t3 (a). Item 1 in this para- graph recommends a distance of 10 feet from bulk storage con- tainers. This iBcincreased to 15 feet. Item 2 recommends that the container charging room be 25 feet from the line of any adjoining property. This shall~e increased to 37½ feet. Our ~nderstanding is that this bulk storage tank will be at least 75 feet from the Main Road (Route 27a). All other specifications in the foregoing booklet to be as outlined in the booklet and paragraph 2.13. The Board is convinced that the interests of the Town of Southold will be served as well from this location as they would be from an industrial zone, perhaps better. T~ area in question is open country and the critical area ~ far as the storage and handling of the propane gas is to be surrounded entirely by a very substantial fence. 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 of Mr. Gillispie, seconded by Mr. Hulse, it was Southold Town Board or'Appeals -6- January 23, 1964 RESOLVED that~ C. F. Van Duzer Gas Service, Inc. be granted permission to erect a propane storage tank on their business property on the north side Route 27A, Southold, New York~ at least 75 feet from the front property line and in accordance with the following conditions: 1. There shall be at least a 15 ft. distance from bulk storage containers. 2. The container charging room shall be at least 37~ feet from any adjoining property. 3. All s~andards outlined in the "Standard for the Storage and Handling of Liquefied Petroleum Gases", dated May 1961, shall be adhered to. 4. The applicant must make a start on this installatbn within 18 months from the granting of this application. Vote of the Board: ~es:- Mro Gillispie~ Mr. Bergen, Mro Grigonis, and Mr. Hulse. PUBLIC HEARING: Appeal No. 629 - 8:30 P.M. (E.S.T.), upon application of the New York Telephone Company, 101 Willoughby Street, Brooklyn 1~ New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 anN.Section 301, and Article X, Section 1007, Subsection (a), for permission to erect a 95 ft. microwave cylindrical tower on their property thereby expanding a non-conforming business in the "A" Residential District. Location of property: east side Youngs Avenue, Southold, New York, bounded north by Thompson - Downs, east by F. & ~. Downs~ south by T. W. Wiegand, and west by Youngs Avmnue. Fee i~id $5.00. 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. Southold Town Board of Appeals -7- January 23, 1964 THE CHAIRMAN: We have written to the Federal Aviation Agency, Chief of the Airspace Branch requesting information regarding the height of the antenna. The P.A.~o does not have any objection to the height. REPRESENTATIVE of the N.Y. TELEPHONE CO.: This is below the height maximum for this area. The height requirement changes when an antenna is near an airport. (This antenna would be no higher than the steeple on a nearby church.) THE CHAIRMAN: From the~etch accompanying the application, this appears to be exactly in the center of the property. REPRESENTATIVE: Yes, in fact it is similar to a flag pole and it can be painted white. It will be in the center of the property which is wooded and it is possible it will be hardly visible to the neighbors. There will be a wire coming down from the towsr from about 12 feet up as a means of feeding the tower and also a ground. There will be an 8 ft. fence around it with barbs at the top. The tow~r~ is held in place by bolts set 80 inches into a 9 ft. concrete foundation in ~e ground. THE CHAIRMAN: Will this affect radio _.r~e~c~ption in the area? REPRESENTATIVE: It could possibly cause trouble to pre-war AC-DC sets only. CHAIRMAN: Are there other towers around here? REPRESENTATIVE: There are towers at East Hampton~ Westhampton and Sag Harbor. The only requirement is that they be 1000 feet apart° I would like to correct the impression that this is a microwave tower. It is not. It is for the coastal harbor frequencies just above the broadcast band, for marine use only. (The representative went into greater detail as to the use of this facility.) THE CHAIRMAN: Will there be one in the Greenport o~ Orient area? REPRESENTATIVE: This one will cover that area. Right now we are giving coverage in this area by a station in Boston. Southold Town Board of Appeals ~8~ January 23, 1964 THE CHAIRMAN: Does this have any relation to radar? REPRESENTATIVE: T~e New York Telephone Company does not have any radar. THE CHAIRMAN: What is the danger of this falling in the case of a hurricane? REPRESENTATIVE: It is almost impossible. The antenna is set to stand 150 m.p.h, winds. It is a very safe structure. In fact it is so constructed that a light stanchion ~ould be erected on the top and it would still be more than sufficient. TPiE CHAIRMAN: Are there any further questions? (There was no response.) (There were three representatives of the New York Telephone Company present at this hearing.) 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 applicant wishes to erect a 95 ft. antenna mn the rear cf their property on the east side Youngs Avenue, Southold, New York. This is considered an expansion of a non-conforming business in the "A" Residential District. This antenna is found to be very safely constructed and able to withstand winds of at least 150 m.p.h. It is considered to be further safe as it is a good lightening rod, probably the best lightening protection in the area as it is set in a 9 ft. concrete base and well grounded with wires. The antenna is to be placed in the center of the property and the property is overgrown in the rear and therefore it will not be obvious. The Board investigated the proposed construction within the limits of the facilities available and contacted the Federal Aviation Agency as to the height regulations and were notified that no notice is required by them for this structure. Southold Town Board or'Appeals -9- Jant~ry 23, 1964 This antenna is to be used for the coastal harbor frequencies for marine use only. Since it is understood that one out of 20 of all the small boats in the United States/in Suffolk County, presumably this is a necessary addition to the communications in this 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 of Mr. Gillispie, seconded by Mro Bergen, it was RESOLVED that th'e New York Telephone Company be granted permission to erect a 95 ft. antenna on their property on the east side of Youngs Avenue, Southold, New York as an expansion of their non-conforming business use in the "A" Residential District. Vote of the Board: Ayes:- Mr. Gillispie, Mre Bergen, Mr. Grigonis, and Mr. Hutse. PUBLIC PIEARING: Appeal No. 624- Upon application of Andrew J. Campbell, 125'Front Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV,.Section 400, Subsection 9, for permission to use the property as a public garage and car sales lot. Location of property: south side west Front Street~ (Route 25), Greenport, New York, boundedlnorth by West Front Street, east by Giovanelli and Schultz, and Robert Brown, south by-Long Island Railroad~ and west by S. Van Sciver. Fee paid $5.00. The Chairman opened this hearing which had been recessed from 7:45 P.M,, Thursday, January 9~ 1964 when t he applicant failed to appear to speak for the application. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -10- January 23, 1964 MR. ANDREW CAMPBELL: I think the application speaks for itself as to what the intention is. TEE CHA~: Will the cars be new and used? MR. CAMPBELL: Ye s. THE CHAIRMAN: The new cars would be restricted to the ones you have an agency for? Mr. CamPBELL: Yes. I have two separate franchises, one with Ford and the other with ~ercury. THE CHAIRMAN: Do you sell trucks? MR. CAMPBELL: Yes, but 99 and 9/10 percent of are sales are cars. The truck sales are very low. THE CHAIRMAN: Mow big ~1 the new building be? MR. CAMPBELL: The dimensions will be either 50 by 100 or 60 by 100. I have three trusses from an airplane hanger and if I use them the building will be 60 by 100, if not, it will be 50 by 100. It will be placed in back of the front building. (The chairman advised Mr. Campbell that the Board is particularly interested in the parking of wrecks and would want them~under cover if they are kept for any length of time. Mr. Campbell stated that they do not keep wrecks for alength olf time. They are either repaired or disposed of. The Ford Motor Company sends inspectors out to investigate them often. They consider the space occupied by a wreck valued at $8.00 per square foot per day~--The Chairman read the conditions imposed upon the granting of a special exception for gasoline service stations and public garages. -- Further discussion was held relative to new and used cars. Mr. Campbell stated that they have a good many rules they must follow to comply with the Ford Motor regulations and if they are not lived up to they could lose their franchise.) Southold Town Board of Appeals -11- January 23, 1964 THE CPIAIRMAN: Are there any further questions? (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 the applicant has a parcel of business property upon which a business building is located and has been used for many years as an apPliance store. Mr. Campbell now wishes to convert the building and property into the display and sale of new and n~ed cars. The' adjoining property to the east is a public garage and automobile service station and on the opposite side of the street there are two gasoline service stations as well as a junk yard. The applicant wishes to erect a new building in the rear of the property. The size of this building is to be either 50 by 100 or 60 by 100 maximum. This building is to be used for the repair and maintenance of the new and used cars. 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 of Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that Andrew J. Campbell be granted permission to use his property located on the south side of West Front Street, Greenport, New York as a public garage and car sales lot. He is further granted permission to erect a new building for the repair and maintenance of the new and used cars with the dimensions of 50 by 100 ft. or 60 ft. by 100 ft. maximum, in the rear of this property, and in accordance with the applicable secticn s of the Building Zone Ordinance. Southold Town Board of Appeals -12- January 23, 1964 The following conditions are imposed upon the granting of this application: 1. No major repair work shall be performed in the open. e Pumps, lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or highway, right-of-way, or property line. e Ail fuel oil or similar substances shall be stored at least fifteen (15) feet distant from any street or lot line. No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced, with the exception of automobiles and trucks which are on the premises for resale. Signs to be in accordance with Article IV, Section 408, of the Building Zone Ordinance of the Town of Southold. e Permission is granted for one year in which to apply for a building permit for the erection of the new building. vote of the Board: /{;es:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis and Mr. Hulse. Mr. Daniel Smith appeared before the Board to submit an application for a special exception'to erect a wall sign on the side wall of his business building on the south side of Jockey~Creek Drive, Southold. This side wall faces the Main Road and the erectiOn of a sign of that type would be most useful. This would be the only sign on the building. Mr. Smith also wished to make application to move a sign previously granted by the Board located on the property of 'L. Hart who is the new owner of the former G. W. Smith and Sons, Inc. building and hardware business on the Main Road. The Board told Mr. Smith to submit his application. Southold Town Board of Appeals -13- January 23, 1964 On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, February 6, 1964, Town Office, Main Road, Southold, New York as time and place for hearing upon application of George W. Smith & Sons, Inc., Jockey Creek Drive, Southol~, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (b), for permission to erect a wall sign on the side wall of a business building. Location of property: s/s Jockey Creek Drive, Southold, New York, bounded north by Jockey Creek Drive, east by Ellis Terry, south by Jockey Creek, and west by L. Hart. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. GrigDnis, and Mr. Hulse. On motion of Mro Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 7:40 P.M. ~E~S.T.), Thursday, February 6, 1964 at the Town Office, Main Road~ Southold~ New York, as time and place for hear~g upon application of George W. Smith & Sons~ I~c., Jockey Creek Drive, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a)~ for permission to relocate an existing detached g~ound sign on the property of L. Hart, east side Route 25, Southold, New York. ~roperty bounded north by Jockey Creek Drive, east by Go W. Smith &~Sons, Inc., south by J. Ullrich, and west by Main Road. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. On motion of Mr° Grig~nis, seconded by Mr. Hulse, it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.S.T.), Thursday, February 6, 1964, Town Office, Main Roa~, $ou thold, New York as time and place for hearing upc~ Southold Town Board of Appeals -14- January 23, 1964 application of Otis G. Pike, 132 Ostrander Avenue, Riverhead, New York, for recognitioo of access in accordance with State of New York Town Law, Secti~ 280A. Location of property: on a private right-of-way~ west of Ruth Road, Mattituck, New York, bounded north by Sound, east by B. Vreeland, south by right-of-way, and west by J. Moisa. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mro Hulse. It was further RESOLVED that legal notice of hearings be published in the official newspaper on Friday, January 31, 1964. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. On motion of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes of Januazy 9, 1964 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Grigonis, and Mr. Hulse. The next meeting of the Southold Town Board of Appeals will be held 7:30 P,M.~ Thursday, February 6, 1964 at the Town Office, Main Road, Southold, New York° Meeting adjourned at 11:15 P.M. Respectfully submitted, Judith To Boken, Secretary