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HomeMy WebLinkAboutZBA-07/23/1964 APPEAL BOARD MEMBERS Roberf W. ®ilJispie, Jr. Ch~irm~n Rober, Bergen Ch~r~es Gregonls ,~r. Serge Doyen, Jr. Fred Hulse, Jr. SOUTHDLD, L.I., N.Y. T~bohone SO 5-2660 M I N U T E S SOUTHOLD TOWN BOARD OF APPEALS July 23, 1964 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, July 23, 1964~ at the Town Offices Main Road~ Southold, New York. There were present: Messrs: Robert Wo Gillispie, Jro~ Chairman~ Robert Bergen~ Fred Hulse~ Jr. Absent: Serge Doyen~ Jr.~ Charles Grigonis, Jr. PUBLIC P~.ARING: Appeal No. 694 - 7:30 P. Mo(EoD. S.T.)~ upon application of Henry R. Jacobi, Sr., Pequash Avenue, Cutchogue, New York, for recognition of access in accordance with the State of New York Town Law, Section 280Ao Location of property: east side Private right-of-way~ off south side Soundview Avenue, Southold~ New York~ bounded north by Soundview Avenue~ east by McDonough~ south by I.C. Latham~ west by Spurway. Fee paid $5,00. The Chairman opened the hearing by reading application for recognition of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper~ and notice to the applicant. Southold Town Board of App~.~is -3- July 23~ 19~4 The Chairman opened the hearing by readingapplication for recognition of access~ legal notice of hearing, affi~it attesting to its publication in the official newspaper, and notice to the applicant. THE CHA/RMAN: Is there anyone presentwho Wishes to speak in favor of this applicantion? (There was no response.) The Board briefly discussed the access. Mr~ Terry' building inspector~stated that the access had the approval of the COunty. THE CHAIRMAN: Is there anyone present wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that Norma Grzesik request recognition of access on a 15 foot right-of-way on the north side of North Road, Greenport, New York. The Board finds that this was a longer than usual lot, and was divided into~ two lots. The right-of-way is needed to reach the rear lot~ The Board finds that the County has given approval for this access to come out on the North Road. The Board finds that the access will be accessible to fire trucks and other emergency equipment. 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. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Norma Grzesik, 245'So2 8th Street, Lindenhurst, New York, be granted recognition of access.on property located north side North Road (CR 27A), Greenport, New York. It is the Board's understanding that~the existing cabin on the property will no longer be used as a residents. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mrl Hulse. Southold TOwn Board of~App~ls -2- July 23~ 19~ THE CHAIRMAN: Is there anyone present who ~ishessto speak in favor of this application? (There was no response.) Mr. Jacobi was present at the meeting but he had nothing to add to the appI~ication. THE CHAIRMAN: Is there anyone pz~ent who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that Henry Jacobi, Sr., request recognition of access on a private road off the south side of Soundview Avenue, Southold, New York. The Board finds that the road has been used by commercial enterprises to reach their sand and gravel pits. The road is 50 feet wide, and in good usable condition. The road is accessible to fire trucks and other emergency equipment. 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 ~icinity 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. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Henry R. Jacobi, Sr., Pequash Avenue, Cutchoguet New York, be granted recognition of access on property located east side private right-of-way, off south side Soundview Avenue, Southold, New York. Vote of theBoard: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal NO. 695 - 7:40 P.M.(E.D.S.T.), upon application of Norma Gresik, 245 So. 8th Streett Lindenhurst, New York, for recognition of access in accordance with the State of New York Town Law, Section 280A. Location of property: north side North Road, (CR 27A), Greenport, New York, bounded north by Long Island Sound, east by P. Bendricksen, sou~/~ by North Road-J. Grzesik, west by M. Blackman. Fee paid $5.00. Southold Town Board of App~.~ls -4- July On motion by Mro Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated July 9, 1964, be approved as submitted. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC ~%I{ING: Appeal No. 696 - 8:00 P.M. (E.D.S.T.)~ upon application of Stanley S. Corwin, Esq., 443 Main Street, Greenport, New York, a/c Athanasios and Helen Spinthourakis~ ~ain Road, East Marion, New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection la, for permission to convert a building into a two-family dwelling. Location of property: south west corner Main Road and Orchar~ Lane, East Marion~ New York, bounded north by Main Road~ east by.Orchard Lane, south by. Spinthourakis~ west by A.G. Doyle. Fee paid $5.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing, affidavit attestin~ 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? STANLEY CORWIN, ESQ.: I am attorney and agent for the applicant. Let me submit to the Board that this is the type of house that the Board, and I mean the Town Board, made the change in the Ordinance to permit a two family house. The Ordinance was originally drawn up to permit only a one family house in the residential area. Now the Board finds that this presents difficulties° The owners of the house will be better off withaan opportunity to convert into a two family house. We submit that this type of thing was made possible by the amendment to the Ordinance. This is a very large dwelling and thereLis no reason why it shouldn't develope into a two family dwelling. I submit that the Board take this into consideration. I submit that there are many similar houses in this area and some of them a lower grade° Many of these uses in the area are non-conforming uses. I assume that a large number of the people here in this room are here for the purpose to speak in opposition to this application. I submit that the ~welling is on a rather $outhold Town Board of Appea~s -5- July 23,~964 large lot and has sufficient square footage to meet all the side yard, rear yard requirements, etc. The property is on the main highway. I submit that this is to be used as a two family dwelling and that is all. I also submit that there is a personal objection to this from the people in this room~ Theses personal objections were extended in a previous application of~Spinthourakis. It doesn't make any difference who the owner of the property is. If the application was being made by some of these people here tonight, I'm sure there would not be any objection to it. THE CHAIRMAN: Is there anyone else who would like to speak in favor of this application? (There was no response.) ~The Chairman explained that Mr. Corwin would have a chan~e to rebut after the agruments against the application are heard. The Chairman also explained that ~ahe wanted to give everyone a chance to speak, however, the Board is only interested in facts and not personal feelings or opinions.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? ~NETH SLOCUM, ESQ.: I appear here in opposition to this application, first as an attorney formany of the residents of ~East Marion. I am also here as a resident and property owner of East Marion myself. I will try to stick as much to the actual facts as possible. First of all, I want to introduce for evidence and the consideration of the Board a petition of opposition of 90 peolple who are residents and property owners of East Marion and who oppose this application. Mr. Corwin ask you to take notice of the favorable facts, and that this application is being opposed because of who the applicant is. I ask you to take a 18ok at the map in front of you and see where the applicant owns land in between and the applicant also owns the Blue Dolplin~ and the present property which they are asking to be rezoned to a two family dwelling. I don't think that many of the people here tonicj~t disagree that old houses should have some relief. I wish to call the Board's attention to the fact 'that the present applicationt and I don~t care who they area except that it has to be tied in with the Blue Dolplin, when they made their application before the Town Board in 1958~and Southold Town Board of Appea~s -6- July 23, '~964 I quote from it that they had purchased this house in order to rent rooms and they found they could not rent to more than four without a "M" Multiple Residence Classification. They stated that we now find we can only rent to four and we have facilities for 10. I see there was a direct impression there because they now have facilities that are enjoyed by 50 to 60 people. THE CHAIRMAN: You£ are stating that as a fact? KENNETH SLOCUM,ESQ.: Yes, as a fact. You can ride by there and count the number of people sitting on the front porch . They certainly don't all belong in one family. I point out to this Board that this is an overcrowding of land. They will make the same thing out of this as they have at ~he Blue Dolplin. If the applicant had sen a better example with the Blue Dolplin, surely the people would not be so objectional to this present application. This is a little count.%~y village, but if we allow this sort of thing to come iht6 the village, it will become an area of "honkey tonk". I respectfully submit that this application should be denied. THE CHAIRMAN: Is there anyone else who would like to speak against this application? (There were about 35 residents of East Marion present at this hearing to object to this application. They all had similar feelings against this application. They opposed the noise and the overcrowding of the Blue Dolplin, also owned bythe applicant~ and this reflected on the kind of two famil~ dwelling that would be run by the applicant.) Mrs. Mary Ann Dzenkowski felt that this dwelling was converted a long time ago and made facilities for sleeping quarters. Peter Dykovitz complained of the noise which comes from the Blue Dolplin and he felt there ~hould be some sort of Ordinance on noise. Mr. ThOmp wanted to know what c~uld be done if this application was granted for a two family house, however, the applican~c, continued to house more than two families. The Chairman explained that the matter should be reported to the Building Inspector, who will file the information with the local justice of the peace. The applicant will have to t~ke care of the violation. Edward Schafer felt that a two family house would be down grading to East Marion. Southold Town Board of Appe~_~ -7- July 23, 196~ Henry Kratzke felt that the Ordinance should protect the people of East Marion and this sort of thing should not be allowed. He also felt that there should be some sort of Ordinance on ~oise. The Chairman explained that it is hard to set up an Ordinance for noise. Mr. Thorp wanted to know what zone the area was. The Chairman explained that it was a "A" Residential and Agricultural District, and that two family dwellings were permitted by a special exception from the Board of Appeals in this district. Joe Dzenkowski mentioned a 12 foot right-of-way and wanted to know if it was included in the application. David Dzenkowski felt that if this applicant could have a two family house than there is no reason why he couldn't have one alse. The Chairman explained that a special exception is needed and that Mr. Spinthourakis should not have taken this matter in his own hands. PeterDykovitz felt that the Ordira nce should be enforced a l~ttle stronger. He feels that the Ordinance says you can't do such and sucht and then some people do as they please anyway. The Chairman asked Stanley Corwin, Es~. how wide the piece of property was. Mr. Corwin described it and its boundries. The Chairman asked if it extended over to the "M" zone. Mr. Corwin said he beleives it goes &long the property. The Chairman asked if there were any other questions, and there was no response. The Chairman then stated the StanelyCorwin, Esq. would have his chance to rebut. Mr. Corwin again stated that this application was for a two family house and no~g more. Mr. Corwin stated that there is nothing in any law that says you can not have 15 bedrooms and 10 bathrooms if you want. He stated that this application was for a two family house. The Chairman asked why. Mr. Spinthourak~s hadn't first gotten a permit before converting the house. Mr. Corwin explained, as it is on the application, that the house was run down when bought by the applicant, and while fixing it up they added certain facilities which prompted the building inspector to declare it a two family dwelling. The Chairman asked the building inspector to testifyas to wt~at he found while inspecting the applicant's premises. Howard Terry, Building Inspector, stated that he inspected the premises and found that the building had facilities for a two family dwelling. However, he stated when he was there,there was no evidence of overcrowding of land. Mrs. Warren asked when he was there, and he said during the week. She suggested that he come on a weekend and he would find an overcrowding of land then. There was some discussion about when a permit is needed to build. Mr. Slocum stated that it was his understanding that a permit was required from the building department before they could Southold Town Board of Appea~s -8- July 23,~-~964 do any work on the exterior of the house. The Chairman said that he was correct. That a permit was need for exterior alteration of the hoEse. It seems that an out~ide stairway has been added to the house in question. The Chairman explained that it wasn't necessary to have a permit for the interior of the house. However, if the exterior of the house was expanded at all a permit is required. Mrs. Doyle, the immediate adjacent property owner was not able to attend the meeting to express her opinions. Mr. Hulse asked Mr. Slocum if he represented Mrs. Doyle. He said that he did not represent her, however her name may be on the petition. T~E CHAIRMAN: Are there any other questions in connection with this application? (There was no response.) THE CHAIRMAN: Does anyone else w~ish to speak against this application? (There was no response.) THE CHAIRMAN: ISlthere anything one way or the other on this application? (There was no response.) After the hearing the members of the tBoard held an executive session in which they reviewed the facts of the~ase and then made their final decision. Under Article VIII, Section C~ the Board is required to grant or deny a special exception, giving particular attention Section (a), 1-12~ and to the end of Section C. Findings of the Board are as follows: In reference to A~ticle VIII, Section C, (1) (a) (1) 1o In the Board's opinion the us~ of this property by the applicant will effect the orderly and reasonable use of adjacent property in the -residential area. Under Subsection (3) the proposed use will effect the order of the Town of Southold and the Board is~opposed to a further extension of a use which will permit more than one family to occupy premises. The fact that the applicant has converted a dwellin~ without permissio~ from a one family residence to a two family residence as pointed out by the Building Inspector during testimony, is a self-imposed hardship, and not a point to be considered Southold Town Board of Appe_zs -9- July 23~_&964 sub t~y this Board. Under/section (4) The proposed use will not in the Board's opinion promote the general purpose of the Ordinance; specifically it will tend to increase and enlarge the adjacent Blue Dolphin Inn facilities~owned also by the applicant and used as a transient multiple residence. A use which is objected to by local residents presently, because of noise and overcrowsing. Under Arti~ e VIII, Section C, Subsection (b) (1), it seems to the Board that the character of the proposed use may be suggested by the conduct of the applican~Ss business to the west, zoned "M" Multiple Residence District, as noted above. This would affect fukure adjacent legal uses. Under subsection (2), conservation of property values in the area would be adversely affected by thiso Testimony at the public hearing indicated excessive noise extending to late hours of the night and over- crowding on owners premises at the Blue Dolphin Inn. Under subsection (10) from personal observation of members of the Board, and from testimony of neighbors, indications are: There are sometimes as many as 40 to 50 peo/p~e on the owners premises at the Blue Dolphin Inn, representing in the Board's opinion an¢~ overcrowding of land. Overcrowding can be an undesirable develop- ment either on a permanent or transient basis. An estimated 35 residents of East Marion appeared in person to object to the granting of this application, and Kenneth Slocum, Esq., attorney for some of the residents of East Marion~ presented a petition registering a firm protest and opposition to the application with 90 signatures of residents of East Marion. The East Marion residents object from personal experience and first hand observation based on knowledge acquired in observing the conduct of the business of the Blue Dolphin Inn, over the past five years. The Board finds that the public ¢~i~r~c~ra~$~e~d justice will not be serv~de and the legally established or per- mitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that Stanley S. Corwin, Esq., 443 Main Street, Greenport, New York, a/c Athanasios and Helen Spinthourakis~ Main Road, East Marion, New York, be denied permission to convert a building into a two family dwelling, on property located Southold Town Board of App~=~ls -10- July 23;~ 1964 south west corner Main Road and Orchard Lane, East Marion, New York. Vote of the Board: Ayes:-bir. Gillispie, Mr. Bergen, Mr. Hulse. 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, August 6, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon application of'EdwardAbitz, Mattituck, New York, a/c Christos Varmava, 95 Seaman Avenue, New York, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 306, for permission to build on a lot with insufficient setback and side yards. Location of property: north west corner or-central Drive and Luther Road, Lot ~114, Captain Kidd Estates, Mattituck, New York. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. On motion by Mr. Bergen,_ seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:40 P.M.~ (E.D.S.T.), Thursday, August 6, 1964, at the Town Office~ Main Road, Southold, New York, as time and place of hearing upon application of Eva Sinuta, North Road, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section303, Article X, SectiOn 1000A, for permission to build on a lot with in- sufficient area. Location of property: north side North Road (CR ~ Greenport, New York, bounded north by Time Structure, Inc., east by Time Structurg, Inc., south by North Road, west by Walter Sledjeski. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, August 6, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearinq upon application of Going Sign Company, inc., 206 Front Street, Mineola, New York for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (b), for permission to erect a sign on the west wall of the Bohack building in Mattituck. Location of property: south side Main Street, Mattituck, New York~ bounded north by Main Road, east by N. Kouros, south by Reeves Bros., west by Co Howell. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. Southold Town Board of App'~ls -11- July 25.~?1964 On motion by Mr. Gillispie, ~econded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.D.S.T.), Thursday, August 6, 1964, at the Town Office, Main Road Southold, New York, as time and place of hearing upon application of Edward King, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 3a~ for permission to build a shed for the storage of boats. Location of property: east side Narrow River Road, Orient, New York, bounded north by Edwards Estate~ east by Hallock Bay, south by other lands of King, west by Narrow River Road. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:45 (E.D.S.T.), Thursday, August 6, 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing, upon application of Constance Freeman, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection la, for permission to convert a one family dwelling into a two family dwelling. Location of property: south side Main Road, Orient, New York, bounded north by Main Road, east by right-of-way, so,th by R.T. Spencer, west by'W. Stromeyer. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Huls$. On motion by Mr. Hulse, seconded by Mr. G~lispie, it was RESOLVED that the Southold Town Board of ~ppeals set 9:00 P.M. (E.D. ST.), Thursday, August 6, 1964, at the Town Office, Main Road, Southold, New York, for the time and place of hearing upon application of Fredrick Gordon, 251 FifthA~enue, Greenport, New York, a/c Edward Speeches, North Road, Greenport, New York, for a special exception in accordance with the Zoning Ordinance., Article III~ Section 300, Subsection la, for permission to convert a barn into a two family dwelling. Location of pzoperty: north side North ~oad (CR 27A) Greenport, New York, bounded north by J.M.S. Land & Development Corp., east by J.M.S. Land & Development Corp.-Spicer, south by North Road-Ebling, west by H. Morrison. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. · · Southold Town Board of Apt~ls -12- July 2~/1964 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set9~20 P.M. (E.D.S.T.), Thursday, August 6, 1964~ at the Town Office, Main Road, Southold, New York, as time and place of hearing upon application of Beachcomber Motel and Restaurant, Inc., Duck Pnd Roadl Cutchogue, 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 ofEdward A. Zuhoski, Jr., Location of p~operty: south side Middle Road, Cutchogue, New York~ bounded north by Middle Road, east by J. Haurus, south by E.A. Zuhoski, west by J. Simcik. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. In accordance with a letter received from Jamesport Firemen~s Association, on motion by Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED that the Jamesport Firemen's Association be granted permission to display posters in the Town of Southold advertising their Annual Bazaar to be held July 21, thru July 25, 1964. These posters will be removed promptly after the event. It is believed 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. Gillispie, Mr. Bergen, Mr. Hulse. A letter was sent to Mar~aretLipp, Secretary, ~arad~se Shores Association, inc., in reference to a letter received from her concerning the signs in Southold Town. The Board thanked her for her letter and advised they agree with her and are aware of the problem of signs. Southold Town Board of~Appe~s -13- July 23%/1964 The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, August 6, 1964~ at the Town Officea Main Roada Southold~ New york. Meeting adjourned 11~10 Respectfully submitted~ ~Barbara L' Carroza, Secretary pp OVED