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HomeMy WebLinkAboutZBA-01/04/1968 APPEAL BOARD MEMBERS Robert W. Gillimie, Jr., Ch~[rrn~n Robert Bergen Charles Gregonis, Jr. Serge Doyen, Jr. Fred Huls¢, Jr. Southold Town Board of Appeals -~OUTHOLD, L. I., N. Y. Telephone SO 5-2660 MINUTES SOUTHOL~ TOWN BOARD (F January 4, 196~ APPEALS A regular meeting of the Southold Town Board of Appeals was held at the 8outhold Town Office, Main Road, Southold, New York, at 7:30 P.M., on January 4, 196~. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen, Fred Hulse, Jr. Absent: Messrs: Charles Grigonis, Jr., Serge Doyen, Jr. PUBLIC HEARING: Appeal nO. ~.1158 - 7:30 P.M. (E.S.T.), Upon application of Southold Town Planning Board, $outhold, New York, and Clifford Tyler, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a), for permission to maintain a ground sign with insufficient setback. Location of property: north side School Street, Cutchogue, New York, bounded north by A . Kurczewski, east by C.L. Tyler, south by School Street, West by John Wickham. Fee paid $5.00. ¢ Southold Town Board of Appeals -2- January 4, 1968 The Chairman opened the hearing by reading the legal notice of hearing, application for a special exception, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch of the property. MR. BERGEN: There are cars parked at times on both sides of that road. If the road is 50 feet wide it's tight for two cars to pa~s each other. The theory is to have it a little wider to enable two cars to pass each other. MR. HULSE: The post office is located on this road also. (The Board viewed the sketch of the property and discussed the various business located in the immediate area.) THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who~ishes to speak a~nst this application~ (There wam no response.) After investigation and inspection the Board finds that the applicants request permission to maintain a pole type ground sign with insufficient setback from the highway property line. The Board finds that this sign will be put in the position of improper setback by a proposed widening of School Street. The Board grants this sign as applied for. The reason of the Board is that the effective use of the paved pe~tion of the highway will not change, altho the applicant (Mr. Tyler), will have a sign located one foot closer to the highway line than permitted, which is five feet. The Board concludes that there will be no cha~ge in the actual use of the road. Only the 6wnership of the la~l previously used for the road will be changed. Accordingly, permanent permission is granted for th~locati~ of this pole sign, so long as the present use of the property is continued, which use is for a public garage and gasoline service station. Southold Town Board of Appeals -3- January 4, 1968 The Board finds that the public convenience and welfare and justice will be served and the legally established or pezmitted 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. Bergen, seconded by Mr. Gillispie, it was RESOL~Eu that the Southold Town Planning Board, Southold, New York, and Clifford Tyler, Cutchogue, New York, be granted permission to maintain a ground type pole sign with insufficient setback from the highway property line, as applied for, on a perman~t basis, subject to the conditimn set forth above. Location of property: north side School Street, Cutchogue, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse. The following letter was written to Richard Menzer, Re: Appeal No, 1138, with carbon copies to Joseph J. Snellenburg II, Esq., and Mr. Herbert Rosenberg. Dear Mr. Menzer: On september 28, 1967, an action of the Zoning Board of Appeals of the TOwn of Southold, upon your request under appeal number 1138, for access, granted this application as appl~d for, subject to the determination of the right of the applicant to the right of way running ~n the northeasterly direction on a 20 foot right of way to North Bayview Road. It was the Board's understanding from Mr. Herbert Rosenburg, who originally owned the property, that the original grantor gave right of way in both directions, northeasterly and southerly f~om the p~perty Mr. Rosenburg owned. The northeasterly access was to be subjected to title seach and final approval of access in the northeasterly direction awaited the result of the title search. In letter of December 7, 1967, Mr. Joseph J. Snellenburg,II, advises the Board of Appeals that Mr. Resenburg did not receive a right of way by grant over the 20 foot right of way to the no~th road to Bayview. Accordingly, neither you as the applicant for this right of way, or any other person deri~ing title from Herbert Rosenburg has record access overthe 20 foot right of way to the north road to Bayview. -- Southold Town Board of Appeals -4-- January 4, 1968 The Board of Appeals examined a photostatic copy of Herbert Rosenburgms deed, dated 15th day of July, 19~9 - Howard A. Toedter, Inc. to Herbert Rosenburg, and confirmed that the only right of way granted to Mr. Rosenburg extended from the southeasterly corner of the original Rosenburg premises southerly to North Bayview Road. This letter and other pertinent information is on file in the office of the Board of Appeals in~e Town of Southold if you would care to e~amine it. A letter was written to Howard Terry, Buik~ lng Inspector, requesting him to inform the Board of Appeals of the status of the sign located at Hideaway Estates. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the $outhold Town Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, January 25, 196~, at the Town Office, Main Road, Southold, New York, as the time and place ofhearing upon application of Mattituck Gun Club, Mattituck, New Yo~k, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 5-c, for permission to construct an indoor rifle range. Location of property: east side Cox~s Lane, Cutchogue, New York, bounded north by Mary Doroski, east by J. Skirel, south by Isidore ~frupski, and west by Cox's La/le o It was further RESOL~v that any other applications that come into the office of the Board of Appeals in time for publication for the next regular meeting be set up for hearings at that time. Vote of the Board: Ayes:_ AL~ The minutes of the meeting held on November 30, 1967, were approved as submitted. The meeting was adjourned at 9:15 P.M. Respectfully submit ts ~, ..~ ~_~. ' L~ Barbara C. Dittma~, Secreta~