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HomeMy WebLinkAboutZBA-03/07/1968 APPEAL BOARD MEMBERS Robert W. Gillimi¢, Jr., Chairman Robert Bergen Charles Gregonis, Jr. S¢r~¢ Doycr,, Jr. Fred Huls¢, Jr. Southoid Town Board of Appeals SOUTHOLO, L. I., N. Y. T~lcphon¢ SO 5-g660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS March 7, 1968 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, March 7, 1968, at the Town Office, Main Road, Southold, New York. There were present: Chairman; Robert Bergen, Serge Doyen, Jr. Messrs: Robert W. Gillispie, Jr., Fred Hulse, Jr., Charles Grigonis, Jr., PUBLIC HEARING: Appeal No. 1162 - 7:30 P.M. ~.S.T.), Upon application of Lefferts P. Edson, Esq., Southold, New York, a/c William H. and Elizabeth A. Cassidy, 160 Sylvia Lane, New Hyde Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to divide property with insufficient frontage on either lot. Location of property: east side Sigsbee Road, Mattituck, New York, lots numbered 60, 61 and 62 in Mattituck Park Properties, Inc. Fee paid $5.00. The Chairman opened the hearing by reading the 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 -2- March 7, 1968 THE CHAIRMAN: The application is accompanied by a map. Is there anyone present who wishes to speak in favor of this application? s LEFFERTS P. EDSON, ESQ.: Mr. Chairman, my name is Lef~erts Edson, and I represent the applicant here. From reading the application and looking at the survey supplied, it appears a house was originally built on the 50 lot and a house was buiilt on the southerly lot with 50 feet in between them. They wish to divide this 150 feet evenly and it would seem practical to do just that. THE CHAIRMAN: Do they wish to divide this property in order to sell one parcel? LEFFERTS P. EDSON, ESQ.: I don't know. THE (IqAIRMAN: This division is just being done for a matter of record. LEFFERTS P. EDSON,ESQ.: May be for possible future sale. THE CHAIRMAN: This will not change the character of the area at all. Both houses will be given a larger side yard area. Anyone else wish to be heard on this application? MR. BERGEN: This would be a good improvement for this area. This will eliminate a single lot. THE CHAIRMAN: We were out there with a tape measure and there appears to be alot of 50 foot lots in this area. MR. BERGEN: It was originally all 50 foot lots. There were a few 75 foot lots and a couple of 100 foot lots, but most of them were 50 foot lots. THE CHAIRMAN: How deep are these lots? MR. BERGEN: ~bout 170r175 feet deep. HOWARD TERRY: They are 150 feet to 170 feet, it depends. Southld Town Board of Appeals -3- March 7, 1968 THE CHAIRMAN: At this location the lots are 150 feet deep. MR. BERGEN: Several people on Sigsbee Road have bought lots on Marlene Lane so that their property goes right through. THE CHAIRMAN: Anyone else wish to be heard on this application? (There was no response.) THE CHAIRMAN: Anyone wish to be heard in opposition to this applicatimn? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to divide p~operty with insufficient road frontage. The property in question is three fifty foot lots. The applicant proposes to divide the property equally, thus creating two lots, 75 feet frontage each. The Board determines this will be an improvement to the area, and there will be more side yard for the existing dwellings on the property. Said division of property~ill not change the character of the neighborhood. The Board finds that strict application of the Ordnance will produce practical difficulties or unnecessary hardship; the hmrdship created is unique and would not be shared by all properties alike in the immediate vicinity of this pro- perty and in the same use district; and the variance does observe the spiritof the Ordinance and will not change the character of the district. On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED that Lefferts P. Edson, Esq., Southold, New York, a/c William H. and Elizabeth A. Cassi~;, 160 Sylvia Lane, New Hyde Park, New York, be granted permission to divide property into two 75 foot lots as applied for, on property located on the east side Sigsbee Road, Mattituc~, New York, ~ots numbered 60, 61 and 62 in Mattituck Park Properties, Inc. voee of the Board: Ayes:- MESSRS: Gillispie, Bergen, Hulse, Grigonis, Doyen. $outhold Town Board of Appeals -4- March 7, 1968 PUBLIC HEARING: Appeal No. 116~ - 7:45 P.M. (E.S.T.), Upon application of Gunter Morchel, Maratooka Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article IV, Section 404, for permission to further reduce setback. Location of property~ east side Sigsbee Road, Mattituck, New York, lot number 102 in Mattituck Park Pro- perties, Inc. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. THE CHA/_RMAN: Is there anyone present who wishes to speak for this application? MR. MORCHEL: I found out that I have stay 50 feet from the front line. MR. BERGEN: Would that bring you behind the bowling alley. MR. MORCHEL: I was toid That I would have to stay back fifty feet. HOWARD TERRY: The road now goes out by the guard rail. MR. MORt"dEL: I would like to stay near the front of the property because there is a big hole in the back. If I could stay near the front, I wouldn't have to fill in so much. (The Chairman read the original action of the Board on this particular case, appeal no. 1142, dated Sepeember 27, 1967.) MR. MORCHEL: I thought I could stay in line with the bowling alley and Dickerson's. Only yesterday I found out from Gordon Ahlers that I have to stay back 50 feet from the front. I will do it if I have to, but there is a big hole in the back of the property. MR. BERGEN: Would you be willing to set back in line with the bowling alley? MR. MORCHEL: Yes. MR. BERGEN: That is all we ask for. Southold Town Board of Appeals -5- March 7, 1968 THE CHAIRMAN: The original application called for a 25 foot setback. How far back is the bowling alley? MR. MORCHEL: I understand it is 20 feet. THE CHAIRMAN: It looks like there is enough room to park cars in fmont of the bowling alley. MR. BERGEN: If you will stay in line with the bowling alley, I would say that's all right. MR. MORCHEL: I would stay in line with the bowling alley. If I have ~o stay back 50 feet, that is too much. HOWARD TERRY: That would be fifty feet from the new road line. THE CHA/d~v~: What is the required setback on a new business building? HO~A%RD TERRY: If the property is all vacant the setback is 25 feet from the property line. THE CHAIRMAN: If you had a strip of business property and you were the first one to build the closest you could go would be 25 feet. If you were going into a business area that was bualt up, you would be governed bythe average setback. It would be okay for you to stay in the same line as the bowling alley from the Old Main Road. MR. MORCHBL: It just struck me funny that I would have to stay back fifty feet. The lawyer made the original sketch. Now, its just the one foot on the side because I would like to make the building 26 feet wide if I could. The lot and the building is long and narrow. When I first applied for the five feet, I was not figuring on gutters and overhand. But Mr. Ahlers told me I can't drain water onto other people's property. THE CHAIRMAN: How far will you be from the property line. MR. MORCHEL: If I have to have the extra one foot, that will be another one-half foot from the property 1/ne. THE CHAIRMAN: How far will you actually be from the property line? Southold Town Board of Appeals -6- March 7, 1968 MR. MORCHEL: The property is 46% feet and the lot is twenty-six feet. THE CHAIRMAN: You are gc~g to build on the line? MR. MORCHEL: I am going to stay on theline from the road. MR. BERGEN: He will be about one foot from the property line. THE CHAIRMAN: Up until the time you came in -. tonight you would be six inches from the property line. MR. MORCHEL: Yes. THE CHAIRMAN: I don't see any objection to this request. Anyone else wish to be heard on this? (There was no response.) THE CHAIRMAN: Anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to reduce further the setback from Sigsbee Road. A reduction in setback was granted to the applicant on October 11, 1967, in Appeal number 1142. The applicant needs a further reduction of one foot from Sigsbee Road to take care of roof drainage on his own property. The width of the building can not be reduced and still ma~tain sufficient operating room inside of the building. It is not feasible to increase the size of the lot. The proposed building shall be located 19 feet from Sigsbee Road; and 25 feet from the Old Main Road, or in line with the existing bowling alley to the east of the property in question. Southold Town Board of Appeals -7- March 7, 1968 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. Bergen, seconded by Mr. G=igonis, it was RESOLVED Gunter Morchel, Maratooka Ro~, Mattituck, New York, be granted permission to further reduce the setback from Sigsbee Road, as applied for on property located on the east side Sigsbee Road, Mattituck, New York, lot number 102 in Mattituck Park Properties, Inc. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: Appeal No. 1164 - 8:00 P.M. ~.S.T.), Upon application of Dominic Aurichio, Esq., 308 Main Street, Green- port, New York, a/c New York Telephone Company, for a special exception in accordance with the Zoning Ordinance, Article III Section 300, Subsection 5 (g), for permission to use property for public utility facilities. Location of property: north side Main Road, Southold, New York, bounded north by R. Lang, Jr., east by R. Lang, Jr., south by Main Road, west by R. Lang, Jr. Fee paid $5.00. The Chairman opened thehearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication~n the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? DOMINIC AUIRCHIO, ESQ.: New York Telephone Company is under contract of purchase of the subject land for the purpose of locating its poles with junction boxes and facilities.. Currently, these poles are located just west of the subject property on the north side of the State Road, not on private property, but on road property. They are presently hazardous to the property of Lang and ingress and egress of the private road coming a northerly and southerly direction. The reason for purchasing this property is for the location of the poles Southold Town Board of Appeals -8- March 7, 1968 MR. HULSE: How many poles are involved? MR. AURICHIO: There are two poles there now. MR. HULSE: How many poles will be located on this property? MR. AURICHIO: I don't think there will be anymore than there is now. HOWARD TERRY: There will be added boxes and boosters in there. THE CHAIRMAN: For this large piece~ property, they could get quite a bit more than what they are asking for tonight. MR. AURICHIO: They are acquiring 100 feet by 200 feet. The Ordinance and the Town requires 100 feet by 125 feet with municipal water and the County requires 100 by 200 feet without water. If the telephone company was to no longer need this property they could readily dispose of it. So they must adhere and take 100 feet by 200 feet so that they may be able to dispose of it. THE CHAIRMAN: If the Lang property was ever subdivided this would fit right into it. MR. AURICHIO: Yes, it is conforming. MR. HULSE: If the Lang property did de,elope, and the telephone company has expanded, this might not be good. MR. AURICHIO: Anything the telephone company has constructed has not been offensive. They take pride in their landscapeing and fencein g. It doesn't downgrade an area. M~R. HULSE: What looks beautiful to one person, might not look so beautiful to the next guy. MR. AURICHIO: Mr. Lang is selling the property. MR. HULSE: We also have to be concerned about the health, safety, and welfare of the Town. MR. AURICHIO: This is a public service. Southold Town Board of Appeals -9- March 7, 1968 THE CHAIRMAN: How far back will they set these poles? MR. AURICHIO: They would go back further than the minimum. They are on the road now. They are on the road all the way though and they get a permit from the State. It is a necessity. If they are going to move off the road, they are going to move off the road very well. THE CHAIRMAN: A think a condition would be that you don't change theyard setbacks of the area. MR. HULSE: I was curious how many of these poles are going to be in there. MR. AURICHIO: They have four boxes now. If you drive along the road there are four or six boxes along the road. THE CHAIRMAN: Are they always white? MR. AURICHIO: They are painted white. It is hazardous on the road and they are allowed on the road. The application is for the location of the boxes on the poles. It is not offensive. MR. HULSE: I was thinking they might put two dozen of these inthere. MR. AURICHIO: The application is for what is presently there. THE CHAIRMAN: It doesn't give any quanity. There are two there now I guess. MR. GRIGONI$: We could give approval for the present facilities. Anything more mould have to be anoth~ exception. MR. AURICHIO: You have stmuctures of the New York Telephone Company in Greenport and Cutchogue. Anything they have constructed is plainly visible, but not offensive. The thinking is now to eliminate these sub-stations. I don't think they are going to use every inch of this property or even a good part of that land. ( a discussion was held on what limitations should be put on this property, so that it should not be built up with a great number of telephone poles with junction boxes. Mr. Aurichio also gave history of why' this application came about. The major reason being that Mr. Lang could not view traffic coming out of his driveway because Southold Town Board of Appeals -10- March 7, 1968 THE CHAIRMAN: Are there any other questions? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There vas no response.) After investigation and inspection the Board finds that the applicant requests permission to erect telephone poles with mounted carrier cabinets and associated ~ephone facilities on the poles for use as a public utility, on property located on the north side Main Road, Southold, New York. The Board finds that the ~lephone company is purchasing 100 feet by 200 feet for the purpose of locating said poles. The reason for purchasing such a large parcel of land is so that it may readily be disposed of in the future if the telephone company no longer has use for it. The Board finds that the applicant is requesting permission to locateL the facilities presently located at this point on the Main Road$ being two telephone poles with said facilities thereon. 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 by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED Dominic Aurichio, Esq., 308 Main Street, Greenport, New York, a/c New York Telephone Company, be granted permission to use property for a public utility facility as applied for, subject to the following condition: Any electrical structures, or other additions, or other use of this property, other than what is appl~d for in this application are subject to approval by the Board of Appeals. Location of property: north side Main Road, Southold, New York, bounded north by R. Lang, Jr., east by R. Lang, Jr., south by Main Road, west by R. Lang, Jr. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis, Mr. Doyen. Southold Town Board of Appeals -11- March 7, 1968 On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of appeals approves the action of the Chairman of the Southold Town Board of Appeals authorizing the public notice of hearings for the following hearings on March 14, 1968, at the Town Offiee, Main Road, Southold, New York: 7:30 P.M. (E.S.T.), Upon application of Armando Cappa, Main Street, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection B, for permissiun to retain a second ground sing. Location of property: south side Main Road, Southold, New York, bounded north by Main Road, east by J. A. Pollrwoda, south by J. Warr~a, west by right of way. 7:45 P.M. (E.B.T.), Upon application of Goldsmith's Boatshop, Inc., Main Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection A, for permission to erect a ground sign with excessive height. Location of property: south side Main Road, Southold, New York, bounded north by Main Road, east by Sledjeski, south by Peconic Bay, west by Mill Creek. 8:00 P.M. (E.S.T.), Upon application of Ora Scheers, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, for permission to reduce front yard setback. Location of property: east sdde Bay Avenue, Cutchogue, New York, lot number 109 in Nassau Farms. Vote of the Board: Ayes:- Mr. B~rgen, Mr. Hulse, Mr. Grigonis, Mr. Doyen. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated February 15, 1968~ be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. ~er~e~ ;q~ ~ Mr. Hulse, Mr. Grigonis, Mr. Doyen. i--Z"l/l~.'' ~ ,] ~ Meeting adjourned, f~%~_~ ~ ~.~ , Respectfully submittec~.:.~.,. .... Barbara C. Dittman~, Secretary Southold Town Boar~ of Appea±s