HomeMy WebLinkAboutZBA-10/08/1964$ou holcl Town oard o? Appeals
SOUTHOLD, L. I., N. T¢lephon¢SC) 5-~660
APPEAL 3OARD
MEMBERS
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Charles Gregon[s, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
October 8, 1964
A regular meeting of the Southold Town Board of Appeals
was held 7:30 P.M., Thursday, October 8~ 1964, at the Town
Office, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr., Chairman~
Robert Bergen, Serge Doyen, Jr, and Fred Hulse~ Jr.
Absent: Mr. Charles Grigonis.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the minutes of the Southold Town Board of Appeals
dated September 24, 1964~ be approved as submitted.
vote of the Board: Ayes:-M~r. Gillispie, Mr. Bergen,~ Mr. Doyen~
and Mr. Hulse.
S0uthold Town Board of App~ls -2- October 8, ~64
PUBLIC HEARING: Appeal No. 714 - 7:45 P~M.i(E.D.S.T.)~ upon
application of:Donald Frederick, Southold, New York~ a/c:Charles
Essman &:Wife, Kenney's Road, and Wesland Road, Southold, New
York, for a special exception in accordance with the Zoning
Ordinance, Article III, Section 306, for permission to construct
an~ addition to the existing dwellingwith insufficient setback.
Location of property: south east corner Wesland Road and Kenney's
Road, Southold, New York, bounded north by Wesland Road, eastby
Sylvester:Smith, south by J.E. Fontana, west by Kenney's Road. Fee $5.00
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing~ affidavit attesting
to its publication in the official newspaper, and notice to the
applicant.
THE CPL%IRMAN: Is there anyone present who wishes to speak in
favor of this application?
(Mr. Frederick was present to speak in favor of this application.
Through discussion it was brought out that this application will
not set a precedent in the area, since it is almost fully developed.
There are other houses in the area that are not 35 feet back from
the road. It was determined that the proposed addition will be
14' x 24:.)
THE CHAINMAN: Is there anyone present who wishes to speak
in opposition to this application?
(There was no response.)
After investigation and inspection the Board finds that
'Donald Frederick a/cCharles Essman wishes to build an addition
to an existing dwelling with insufficient setback fromthe road.
The addition will be 22' from Wesland Road, and 60' from Kenney's
Road, the heavily traveled road at this intereection . Other
houses in this area are less than 35 feet from the road. The
Board finds that the safety and welfare of the town willnot be
affected adversely.~
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.
Southold Town Board of App~ls -3-
October 8,
On motion by Mr. Gitlispie, seconded by Mr. Hulse, it was
RESOLVED that Donald Frederick, Southold, New York, a/c
Charles Essman & Wife, Kenney's Road and Wesland Road, Southold,
New York, be granted permission to construct an addition to the
existing dwelling with insufficient set~ack on propez~y located
south east corner Wesland Road and Kenney's Road, Southold, New
York.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen~ Mr. Doyent
and Mr. Hulse.
PUBLIC HEARING: Appeal No. 715 - 8:00 P.M. (E.D.S.T.), upon
application of ~eo~eAhlers, Eugene's Road, Cutchogue, New York,
a/c George Krieling, Lupton's Point, Mattituck~ New York, for a
variance in accordance with the Zoning Ordinance, Article III,
Section 300, Subsection 7, for permission to construct an accessory
building in the front yard area. Location of property: north side
Lupton's Point, Mattituck, New York, bounded north by Deep Hole
Creek, east byWm. F. Eske, south by private road (Lupton's Point) t
west by Blanche Weese. Fee paid $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 ~pplicanto
THE CHAIRMAN: Is there anyone present who wishes to speak in
favor of this application?
(Both Mr. Ahlers and Mr. Krieling were present at this
hearing. Through discussion~ it was determined that there is
a slope in the rear yard area of this land. The house adjacent
on the west is considerably closet thus presenting a ~roblem
to attach the garage to the house. There is also an old white
oak tree that would have to be removed to attach the garage
tothe house.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.')
~ Southold Town Board of Apps~ls -4- October 8, ~964
THE CHAIRMAN: Are there any other questions while Mr. Krieling
is here?
CThere was no response.)
After investigation and inspection the Board finds that
George Ahlers a/c George Krieling wishes to construct a garage
in the front yard area of the property. The Board finds that
an eighteen per cent grade exist on the west side of the house.
The Board also finds that it is customary in the area to build
garages in the legal front yard area, in order to avoid blocking
the view of the water on both sides. Many garages of this type
exist on Lupton~s Point Road, a private road. This variance
also has the advantage of saving an old white oak tree.
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 distrcit.
On motion Dy Mr. Gillispie~ seconded by Mr. Bergen, it was
RESOLVED that George Ahlers, Eugene's Road, Cutchogue, New
York, a/c George Krieling, Lupton~s Point, Mattituck~ New York,
be granted permission to construc~ a private detached garage in
the front yard area of property located north side Lupton:s
Point, Mattitu~k, New York, subject to the following conditions:
1. The garage shall be located at least 20 feet from the
front yard property line.
2. The garage shall be located at least 5 feet from the
side yard property line on the west.
Vote of the Board: Ayes:-Mr. Gillispie~ Mr. Bergen, Mr. Doyen,
and Mr. Hulse.
Southold Town Board of Appeals
-5-
October 8, '~'z964
PUBLIC HEARING: Appeal No~ 7~6 - 8:30 P.M. (E.D.S.T.), upon
application of Caberon Properties, Inc., Cutchogue, New York, for
a special exception in accordance with the ZoningOrdinancet Article
III, Section 300, Subsection 5, for permission to construct, and
operate a public golf course. Location of property: Cutchogue,
New York, bounded as follows: Parcel I - bounded north by M. Tuthill-
Case Estate, east~by Horton-Mohlfeld-Case-Beebe-Corwin, south by
Cedars Road, west by Case*s Lane. Parcel II - bounded north by
Cedars Road, east by Peterson-Case Estate, south by Wickham Estate-
Case Estate, west by Case Estate. Fee paid $5.00.
Fir. Robert Bergen abstained from any participation in this
hearing because, of a conflict of interest.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearingt affidavit attesting
to its publication in the official newspaper, and notice to the
applicant.
The Chairman stated that this application was held up until
the Ordinance was amended to provide for golf courses in the "A"
District. Richard Cron, Esq., and the Chairman discussed the
difference between a stock corporation and a membership corporation.
The applicant agreed to add "as amended" to the application in
reference to Article III, Section 300~ Subsection 5 of the Ordinance.
Mr. Russell Case stated that the descriD~ion for the easterly
boundary of Parcel I was incorrect. The land is not bounded by
the names which appear in the legal description. There is a small
strip of'land belonging to the Case Estate which insulates the
golf course. Mr. Case also said that sheep used to graze on this
property and keep the grass mowed. This was used for golf before
the North Fork CountryClub came into existence. Young people
learned to play golf at'~is location. This golf course will be
open year around, providing, it is not freezing or thawing.
The Chairman read the following letter:
"Board of Appeals, Town ofSouthold, Southold~ New York° Re~
Application for Golf Course at-Cutchogue.
"Gentlemen: This letter is written in behalf of the Trustees
of the Independent Congregation~Church or Society of~Cutchogue,
more familiarly known as the "Old House".
Southold Town Board of'Appeals -6- October 8, ~64
"We have no objection to the application, except that we
ask that you insure that sufficient off the road parking be
provided with suitable surfacing.
"Although our properties are not immediately adjacent to
this project~ they are close enough for us to be concerned.
Ample parking is now provided for the patrons of the Village
Green, including the School House and the OLd House. We have
found~ however, that there is increasing tendency to park on
the lawns and we may have to fence these off. Since the course
is comparatively short and since its use depends icompletely on
automobile transportation it would be within comeemplation that
people would park their cars on our parking lot and along the
road and walk to the course.
"Very 'Cordially yours, /s/ William Wickham."
T~E CHAIRMAN: Is there anyone present who wishes to speak
in favor of this application?
RICHARD CRON, ESQ,: ~In reference to Mr. Wickham's latter,
we have planned to set aside sufficient area for parking. There
will not be an overflow of cars on the village green.
(There was much discussion in reference to the parking area
to be provided. Mr. Case stated that the parking area could be
enlarged if it was necessary. Mr. Cron pointed out on the survey
where the parking area would be located. Mr. Doyen suggested that
a statement be givenstating approximately the size of the parking
field. Mr. Case stated that the parking field would be large
enough to park approximately 48 cars behind the club house. The
area set aside for the parking area is 260' x 75'. Richard Cron
stated i~that it certainly would be foolish to invest in such a
project without providing ample parking space.)
THE CHAIRMAN: What else do you propose to say in support of
the application, if anything?
RICHARD CRON, ESQ.: Nothing more than is in the appli~tion.
This will attract people to the area, and be a source of recreation
for our own inhabitants as well.
MR. HULSE: Do you plan to rent equipment?
RUSSELL CASE: Yest there w~ll be some to rent.
$outhold Town Board of~App~ls -7- October 8, ~£964
THE CHAIRMAN: How many water holes will you have?
MR. BERGEN: Two.
THE CHAIRMAN: Do you plan to sell soda or have a concession?
RUSSELL CASE: We will make some arrangements along this line.
I don't want to go into the restaurant business. Alot of people
want to sit down, have a bottle of soda, and play another nine.
The dinner is close, but they want to sit right there and relax.
So without running a restaurant business, we will have vending
machines, and sell nickle cookies.
THE CHAIRMAN: Do you plan to have lockers?
RUSSELL CASE: No, unless we have a call for them.
THE CHAIRMAN: Will you have showers?
RUSSELL CASE: Many don't have any, but many people ask for
them. Perhaps later.
THE CHAIRMAN: Do you intend to sell beer?
RUSSETJ, CASE: No liquor at all. This draws people to hang
around, which we don't want.
THE CHAIRMAN: Will you have slot machines?
RUSSELL CASE: No.
THE CHAIRMAN: You plan to have golf equipment for rent or sale?
RUSSELL CASE: Yes.
THE CHAIRMAN: Will you have any carts?
RUSSELL CASE: We may have a few. Here again I think we
would need some. Women would want a cart. Also there will be
a practice area.
T~ CHAIRMAN: How much of this area on the map are you
going to have as a practice area.
Town Board of A~ls
Southold
-8- October
RUSSELL CASE: South of the club house area will be the practice
field.
THE CHAIRMAN: Will you have rest rooms?
RUSSELL CASE: Yes, I don~t know about showers tho~gh~
THE CHAIRMAN: How big will be the club house?
RUSSELL CASE: Sixty to seventy feet in lenght, Haven't
actually decided yet. There will be cellar storage room for
machines used to maintain the course.
(There may possibly be an indoor practice area for the winter
also)
THE CHAIRMAN: There will be drinking water. Isthere a pump
on the course.
it.
RUSSELL CASE: Yes,
the Health Department has come and checked
(The possibility of cars riding on the course at night was
discussed. It was suggested that white post be placed close
enough together so that a car could not drive between them. It
was also suggested that the pins be taken out at night. It was
established that Case's Lane and Cedar Road are both public roads.)
THE C~~:~ Would any of the conditions that you have at
the club house interfere with anything on the Main Road?
RICHARD CRON, ESQ.: I don't think so. We are quite a distance
awaye I don't think it will be a nuisance.
THE CHAIRMAN: Any otherquestions?
(There was no response.}
THE CHAIrmAN: Is ther~ anyone present who wishes to speak
against this application?
(There was no response.)
THE CHAIRMAN: Anyone at all have any questions?
(There was no response.)
' Southold Town Board of App~als -9-- October 8,-~964
After investigation and inspection the Board finds that
~Caberon Properties, Inc.~ wishes to construct, own, operate,
and conduct a golf course and club house incidental thereto,
for the use and benefit of the public generally. The Board's
findings indicate approximately 20 acres, located nearest in
a southerly direction, 500 feet from the Main Road~ will be
a par 3 golf course. The creation of this recreational facility
will, in the Board's opinion, provide a much needed additional
amusement area for a rapidly growing population.
Further findings of the Board arenas follows: It is expected
that a club house, approximately 25 feet by 50 feet will be
erected for the public. Lockers and showers will probably be
installed if needed. Vending machines for soft drinks, food,
and cigarettes will be installed. It is not expected that a
liquor license will be required, nor will liquor or beer be
furnished at the club house. There will be golf equipment for
rent or sale, pull carts will be available. Rest rooms will be
installed. Further contemplated is a cellar storage area for
the storage of machinery used on the golf course. It is part
of the plan also to furnish living quarters for a manager resident.
Possibly there will be an indoor practice area. Drinking water
will be available in several locations. There will be a practice
fairway to the sQuth of the club house, which is estimated at
a distance orA1500 feet from the Main Road. The club house it-
self, as well as the parking area of approximately.20,000 square
feet (estimated to park 58 cars) will be made available to the
public. It is also possible to expand the parking area, located
at the end of a 500 foot private road.
It is the opinion of the Board that the creation of this
golf course will assist the orderly and reasonable use of
adjacent~area~,will not prevent any present permitted uses
from continuing, will add to the health~ welfare, and comfort
of the Town, and will be in harmony with and promote the
general purpose of the Ordinanceo
Making this determination, the Board is aware ofthe previous
status of this property~for use in the manner proposed by the
applicant. It is alsothe opinion of the Board that the property
values will be conserved and that the club house, a distance of
1500 feet from the Main Road, is entirely adequate and will not
in any way endanger traffic or cause undo noise.
Southold Town Board of Appeals
-10-
October 8 ;-J1964
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
distzicts will not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
On motion by Mr. Doyen, seconded by Mr. Hulse, it was
RESOLVED thatCaberon Properties, Inc., Cutchogue, New York,
be granted permission to construct, and operate a public golf
course, on property located, Cutchouge, New York.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Doyen, Mr. Hulse.
A letter was written to William Wickham, Esq., in response
to his letter of October 5, 1964, advising him that ample parking
space would be available for the new golf course in Cutchogue, and
that there would not be a tendency to park on the lawn of the
Village Green.
A letter was written to Mr. John G. Glander~ Grathwohl Road,
New Suffolk, New York, in reference to his Appeal $711. H~ was
advised that the Board had again postponed his hearing until
October 22, 1964, at which time he should present the Board with
a correct plot plan.
A letter was also written te Mr. Robert Bennett, Manager of
Mattituck Bohack. He was advised that the Board was nbwilling
to go along with a large sign on the side of the building. He
was advised, however, that the Board would be willing to grant
a small sign, a few inches high, that reads "Bohack".
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set 7:30
P.M. (E.D.S.T.), Thursday, October 22, 1964, at ~he Town Office,
Main Road, Southold, New York, as time and place of hearing
Southold Town Board of App%~als
-11-
October 8,J1964
upon application of Robert Hyatt~ Southold, New York,. a/c~W.K.
Vanderbeck, Minehaha Blvd.~ Southold,. New York,. for a variance
in accordance with the Zoning Ordinance, Article III, Section 300,
Subsection 7, and Section 309, for permission to build a private
detached garage with insufficient side yard. Location of property:
north west corner Minehaha Blvd., Southold, New York~ bounded
north by J. Lohn, east by Minehaha Blvd., south byMinehaha Blvd.,
west by J. Lohn.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen,~ Mr. Hulse,
and Mr. Doyen.
On motion by Mr. Bergen,. seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals set 7:45 P.M.
~.D.S.T.), Thursday, October 22, 1964, at the Town Office, Main
Road~ Southold, New York, as time and place of hearing upon
application of Tryac Truck and Equipment Company, Youngs Avenue,
and Middle Road, Southold, New York,~ for a special exception in
accordance with the Zoning Ordinance, Article IV, Section 408,
Subsection (c), for permission to erect an on the premises sign.
Location of property: north east corner of Youngs Avenue and
Middle Road, bounded north by Gagen, east by Gagent south by
Middle Road, west by Youngs Avenue.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Doyen,
and Mr. Hulse.
On motion by Mr. Doyen, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals set 8:00 P.M.
~.D.S.T.), Thursday, October 22, 1964,. at'the Town Office, Main
Road, Southoldt New York, as time and place of hearing upon
application of Islandrs End Golf and Country Club.¢ Inc., North
Road~ Greenport, New York, for a special exception in accordance
with the Zoning Ordinance, Article III~ Section 300~ Subsection 5,
(as amended), for permission to operate a golf course and golf
facilities. Location of property: north side North Road, Green-
port~ New York, bounded north by'Long Island Sound, east generally
byL. V. Brown--W.C. Brown-Greenport~Water'District-A.L.R. Francisco~
south by North Road (route 25), west by W.F. and J.T. Haneman and
others.
Vote ofthe Board: Ayes:-Mr. Gillispie~ Mr. Bergen, Mr. Doyen~
and Mr. Hulse.
Southold Town Board of App~ls
-12- October 8,< ~964
It was further RESOLVED that the legal notice of hearing
be published in the Long Island Traveler-Mattituck Watchman,
under date of October 15, 1964.
The next meeting of the Southold Town Board of Appeals will
be held at 7:30 P.M., Thursday, October 22, 1964, at'the ~own
Office, Main Road, Southold, New York,
Meeting adjourned 10:40 P.M.
Respectfully submitted,
Barbara L. Carroza~ Secretary