HomeMy WebLinkAboutZBa-03/14/1968 APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Charles Gregonis, Jr.
Serge Doyen, Jr.
Fred Huls¢, Jr.
Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone S05-9660
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
March 14, 1968
A regular meeting of the Southold Town Board of App~ls
was held at 7:30 P.M., Thursday, March 14, 1968, at the Town
Office, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr.,
Chairman; Robert Bergen, Fred Hulse, Jr.
Absent: Messrs: Charles Grigonis, Jr., and Serge Doyen, Jr.
PUBLIC HEARING: Appeal No. 1165 - 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 permission to retain
a second ground sign. Location ofproperty: south side Main
Road, Southold, New York, bounded north by Main Road, east by
J. A. Pollr~oda, south by J. Warnaka, west by right of way.
Fee paid $5.00.
The Chairman opened the hearing by reading the application
for a special exception, 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 14, 1968
%
THE CHAIRMAN: Is there anyone present who wishes to
speak in favor of this application?
(There was no response.)
(The size of the sign requested was questioned. This
information was not supplied in the application and the
information was not available.)
On mo~ion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED that the hearing on Appeal No. 1165, Armando
Cappa, Main Street, Southold, New York, be postponed until
the next regular meeting of the Board of Appeals at which
time the information requested should be supplied.
Vote of the Board: Ayes:- Mr. Gillispie, F~r. Bergen,
Mr. Hulse.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the minutes of the Southold Town Board
of Appeals dated March 7, 1968, be approved as submitted.
Vote cf the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Hulse.
PUBLIC HEARING: Appeal No. 1166 - 7:45 P.M.(E.S.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. Fee paid $5.00.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit
attesting to its publication in the official newspaper, and
notice to the applicant.
' Southold Town Board of Appeals -3- March ~4,1968
MR. BERGEN: These signs will advertise two different
products?
MR. GOLDSMITH: Yes sir.
THE CHA]RMAN: They will advertise Evinrude and Stamas
boats. The Stamas sign is four feet by six feet and the
Evenrude sign is five feet by seven feet. It will be
three feet above ground level?
MR. GOLDSMITH: Yes sir.
THE CHAIRMAN: You will not violate the height requirement
even though the legal notice reads that way. ARe these two
separate signs?
MR. GOLDSMITH: There are bars that separate them. They
will be stationery, they will not swing.
MR. HULSE: Where are you going to locate the signs?
MR. GOLDSMITH: West of the building, about 20 feet back
from the road.
MR. HULSE: How close to the building?
MR. GOLDSMITH: It will be 30 to 40 feet away.
MR. HULSE: About where the boats are now?
MR. GOLDSMITH: Between the boats and the building.
THE ~HAIRMAN: 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 requests permission to erect a sign which is in
two sections. The total of the two sections exceeds the six
feet, six inches in height which is permitted under the zoning
Ordinance, however, the sign does not extend more than 15 feet
6 inches above ground level. One section of the sign measures
four feet by six feet, and the other section of the sign
measures five feet by seven feet, totaling 59 square feet of
area, which is less than the area permitted under the zoning
Ordinance. The Board finds this sign will advertise Evi~nrude
and Stamas boats. The bottom edge of the sign will be located
Southold Town Board of Appeals -4- March 14, 1968
three feet above ground level, and setback approximately 20
feet from the road. It is the opinion of the Board the sign
will in no way create a traffic hazard.
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 that Goldsmith's Boatshop, Inc., Main Road,
Southold, New York, be granted permission to erect a ground
sign as applied for. Location of property: south side Main
Road, Southold, New York. This permission is subject to
the following conditions:
1. The sign shall be granted for a period of one year,
renewable annualy upon written application to theBoard of
Appeals.
2. This sign shall be subject to all subsequent changes
in the Southold Town BuildingZohe Ordinance as it applies to
signs.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse,
Mr. Bergen.
PUBLIC HEARING: Appeal No. 1167 - 8:00 P.M. (.E.S.~), 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 side Bay Avenue, Cutchogue, New York,
lot number 109 in Nassau Farms. Fee paid $5.00.
The Chairman opened the hearing by reading an application
for a variance, legal notice of hearing, affidavit attesting to
its publication in the official newsp~ er, and notice tothe
applicant.
· $outhold Town Board of Appeals -5- March 14, 1968
THE CHAIRMAN: The application is accompanied by a sketch
on the application for a building permit giving the dimensions
of the existing structure and requesting permission to build
new addition 12 feet closer to Bay Avenue in the front yard
area. The lot is 75 feet by 275 feet. Mrs. Scheers also owns
the adjoining lot which is 75 feet by what?
MRS. SCHEERS: About the same depth.
THE CHAIRMAN: The Board measured the lots on the block
from Pine Tree Road to Sterling Road. The first one is 62 feet,
the next is vacant, this is going north to south, The next is
Terryknown as Hurricane Hall at 56 feet; the next is 115 feet,
Mr. Mott; the next is vacant, owned by Ora Scheers; $cheers is
68 feet from Bay Avenue; the adjoining house to the south,
Timpson is 75 feet; Levett is 75 feet. The people on the corner
are 204 feet. The average of seven houses on the street, and
two vacant lots is 93 feet according to our measurements with
a tape. The average setback of six houses, which will be omitting
the 204 foot setback, is 75 feet. The average setback of five
houses, taken your house Mrs Scheers, and houses both north and
south is 77 feet. Your house itself is 68 feet and this request
is to go 12 feet closer, which would reduce it to 56 feet, which
would make it the same distance as Hurricane Hall, if it was
granted. You are free, Mrs. Scheers, to say what you want in
favor of this application. I was just giving this imformation.
I can read you the ordinance itself, which we have to be guided
by.
MRS. SCHEERS: D~n't you take into consideHation the
influx of the road?
THE CHAIRMAN: In what way?
MRS. SCHEERS: Coming from the Main Road toward the Bay,
you can hardly see me. If you come from the bay to the
Main Road you can see the~hole 6romt of my house. I am a
victim of circumstances. If you take a straight line from
Sterling to Pine Tree Road, I am not out. I am in line. When
you come around the bend, you get an optical illusion.
Southold Town Boardof Appeals -6- March 14, 1968
THE CHAIRMAN: We aren't taken by the way it appears. If
this was in the woods we would have the same situation. Someone
builds in a new area and they elect to put the house back 50 feet
from the road. The next person wants to go back 35 feet. The
third person is guided by the average of the two.
MRS. SCHEERS: Ail of the houses that are involved there
view of the bay, they have waterview. Where I am going to
put this addition it would be the dead side of the adjoining
houses. One one side it would be the kitchen and the other
the garage, and then you have hurricane Hall. It is more
interesting to have them uneven. It is more attractive than
having them lined up like soldiers.
THE CHAIRMAN: Many of the 4evelopers have had curves
in the area. You have to except certain areas from this
provision of the ordinance in various locations.
MRS. SCHEERS: The yellow house beyond Pine Tree Road sits
right on the curve.
THE CHAIRMAN: That is on the other side of Pine Tree Road?
MRS. SCHEERS: Yes, that is not back too far. I have no
other way to build this addition on.
MR. HULSE: If a house was built two feet from the road
before 1957, then we can't do anything about it.
MRS. SCHEERS: If I sold the lot next door, they would be
the ones to complain more than anyone.
THE CHAIRMAN: It isn't just a question of obstructing
the view.
MRS. SCHEERS: If I sold the lot next door a house could
be setback 35 feet?
MR. HULSE: No, it would have to go back with the rest.
THE CHAIRMAN: The average setback here is about 93 feet.
MR. BERGEN: That house that was set way back on the lot,
it looks as if the man was going to build in front of this
little house.
THE CHALRMAN: We have to take the law as it is in the
ordinance. Now, the required front yard is 35 feet from the
Southold Town Board of Appeals -7- March ~4, 1968
front line. Now, section 305 of the Ordinance states: ~Where
property in the vicinity is partly built up with permanent
buildings and an average setback line of more or less than
thirty-five (35) feet has been established, no buildings,
hereafter erected or altered, shall project beyond the line
of the average setback so established." That is the law we
are considering this application undo. And I repeat: "Where
property in the vicinity is partly bui it up with permanent
buildings and an average setback line of more or less than
thirty-five (35) feet has been established, no buildings,
hereafter erected or alte~d , shall project beyond the line
of the average setback so established." If the reverse of
the situation was t~ue, if the average setback was 30 feet,
this provision would apply equally. Whether its 30 feet or
75 feet, which it appears to be here taking two houses on
each side of you. The new ordinance is going to try to
consider two hous~ on either side of the one that is applying,
instead of taking the whole block. Taking five hous~ on
this block, the average is 77 feet. We are not in position
to give you any relief, as far as I can see. We have never
been able to consider the interior layout of the house. You
had mentioned that in this particular case the people to
the south would not be bothered by this. This is the dead
side of the house, as yQu put it. We can not take into
consideration whether or not there are windows in the front
of the house.
MRS. SCHEERS: What kind of relief would you suggest?
THE CHAIRMAN: You can't build on the front of the house.
MRS. SCHEERS: I can't build on the back and I don't want
to distrub the other lot.
THE CHA]RMAN: I don't see any solution unless you add onto
the rear of the house.
MRS. SCHEERS: I don't need it in the rear.
THE CHAIRMAN: I can't suggest anything else. It would be
impossible for this Board to grant permission to reduce the
front yard setback. You are the closest house to the street,
or would be with this addition, and this would be in violation.
Southold Town Board of Appeals -8- March 14, 1968
MRS. SCHEERS: There is a house on the next block
much closer to the road.
THE CHAIRMAN: We can't change what happened before
the zoning Ordinance, We can prevent it from becoming
worse. We had a case where a man had to move his whole
house back. As far as the curve of the road is concerned,
I don't think it has any bearing. These measurements are
all taken at right angle distance from the road.
MRS. SCHEERS: If I want to build a house on my lot
next door, it would 35 feet from the road?
THE CHAIRMAN: No. I would say you would have to put
it back at least 77 feet.
MRS. SCHEERS: I can't put this addition in the rear.
It would create a plumbing situation, a dry well situation
and a heating situation, which are three serious items.
MR. BERGEN: These are all things that could be overcome.
MRS. SCHEERS: Three very expensive things.
THE CHAR/MAN: Are there any other 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 the
applicant requests permission to ~ect an addition to an
existing dwelling in the front yard area with insufficient
front yard setback. The applicant's house presently sits
back 68 feet from the road. The proposed addition of 12 feet
would reduce this setback to 56 feet. The Board finds by
investigation the average setback of seven houses on the
block in question is approximately 93 feet; the average
setback of six houses on the block is approximately 75 feet;
the average setback of five houses, two on each side of
the property in question, is 77 feet. The Board points out
that the proposed addition would reduce the average setback
on this block substantially and would violate the purpose
and intent of the Zoning Ordinance.
· Southold Town Board of Appeals -9- March 14, 1968
The Board finds that strict_., application of the
Ordinance will not produce practical difficulties or
unnecessary hardship; the hardship created is not unique
and would be shared by all properties alike in the immediate
vicinity of this property and in the same use district;
and the variance does not observe the spirit of the Ordinance
and will change the character of the district.
On motion by Mr. Gillispie, seconded by Mr. Bergen,
it was RESOL~u Ora Scheers, Bay Avenue, Cutchogue, New
York, be DENIED pe~mission to b~ld an addition to an
existing dwelling and reduce the front yard setback on
property located east side Bay Avenue, Cutchogue, New
York, lot number 109 in Nassau Farms.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen,
Mr. Hulse.
Mr. Donald Tuthill appeared before the Board for
an informal discussion regarding the erection of a sub-
division sign at the entrance to his propposed subdivision
Yennec~tt ~ark, located at Boisseau Avenue, Southold, New
York. A lenghty discussion was held on the type of sign
that may be erected and other subdivision signs were
discussed. Mr. Tuthill was advised he should stake out
the sign exactly as he wants it and they can work from
there.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of App~ls set 7:30
P.M. (E.S.T.), Thursday, April 4, 1968, at the Town office, Main
Road, Southold, New York, as the time and place of hearing
upon application of Francis ~. Van Manen, 581 Onderdonk Avenue,
Ridgewood, New York, for a variance in accordance with the
zoning Ordinance, Article III, Section 305, for permission
to erect a dwelling with insufficient front yard set~ack.
Location of property: north side Albo Drive, east side Gi I.
Lane, Laurel, New York, bounded north by Horton Creek, east
by J. Longo, sou~h by Albo Drive, west by G.I. Lane.
Vote of the Board; Ayes: ALL
Southold Town Board of Appeals -10- March 14, 1968
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOL~mu that the Southold Town Board of Appeals set 7:40
P.M. (E.S.T.), Thursday, April 4, 1968, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Francis Van Marten, 581 Onderdon Avenue,
Ridgewood, New York, for a variance in accordance wit h the
Zoning Ordinance, Article III, Section 305, for permission to
erect a dwelling with insufficient front yard setback. Location
of property: north sideAlbo Drive, west side G.I. Lane, Laurel,
New York, bounded north by Martha Huising, east by G. I. Lane,
south by Albo Drive, west by K. Tuthill.
Vote of the Board: Ayes:- ALL
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOL~mm that the Southold Town Board of Appeals set 7:30
P.M. (E.S.T.), Thursday, April 11, 1968, at the Town Office,
Main Road, Southold, New York, as the time and place ofhearing
upon application of Charles M. ~rull, King Street, Orient,
New York, for recognition of access in accordance with the
State of New York Town Law, Section 280A. Location of property:
right of way south side King Street, Orient, New York,
bounded north by King Street, east by James Douglass, south
by James Douglass, west by Orient, Harbor.
Vote of the Board: Ayes:-
The next regular meeting of the Southold Town Board
of Appeals will be h~ld at 7:30 P.M., Thursday, April 4, 1968,
at the Town Office, Main Road, Southold, New York.
The meeting was adjourned at 9:15 P.M.
Respectfully submitted,
arbara C. Dittmann/Secretary
Southold Town Boar4 of Appeals