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HomeMy WebLinkAboutZBA-05/16/1968 APPEAL BOARD MEMBERS Robert W. Gil]ispie, Jr., Chakrn,~n Robert Bergen Charles Gregonls, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y, Telephone SO 5-2660 MINUTES SOUTHOLD TOP~N BOARD OF APPB;~LS May 16s 1968 A regular meeting o£ the Southold Town Board of Appeals was held at 7:30 P.M.~ Thursday, ?~ay 16, 1968~ at the Town Qf£ice~ 5Iain Road, Southold, New York. There were present: 5iessrs: Robert W. Gillisple, Jr., Chairman; Fred Hulse, Robert Bergen~ Serge Doyen~ Jr. Absent: ~.~. Charles Grig6nis, Jr. PUBLIC HEARING: Appeal No. 1177 - 7:30 P.M.(E.D.S.T.)~ Upon application ~f Marilyn Hofmann~ 183 Spruce Street~ Roslyn Harbor~ New York, fox a variance in accordance with the Zoning Ordinance~ Article III~ Section 303, Article X, Section 1000A~ for permission to divide property with insufficient frontage and area. Location of property: Feconic Shores~ Lot no 12~ Peconic~ New York~ bounded north by Sound Avenue~ east by Marion [~Iurdock, south by G.J. Ho££man~ west b/ Huntington Blvd. Fee paid $5.00. Southold Town Board of Appeals -2- May 16, 1968 The Chairman opened the hearin~ 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 CHAIRS[AN: Is there anyone present who wishes to speak in favor of this application? ~ARILYN HOFF~HLN: I am here if there are any questions you would like to ask me. b~. BERGEN: On this lot number 36, that's where the driveway goes into the house and you want to add on a p~rch? ~tARILYN HOFMA_N: A garage. M~. BERGEN: That would be all of the building on that lot. You couldn't put another ~uilding on it. THE CHAIR5L~N: This was built prior to the present zoning ordinance, and they are filed lots. ~RILYN HOFFMAN: Yes, they were originally owned by my father. TH~ CHAIR~L~N: The houses were built prior to the zoning ordinance? b~RILYN HOFFStAN: Right. TIP CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no msponse.~ p~ter investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient frontage and area for either lot to be created. The property in question is lot number 12 in Peconic Shore, Peconic, a filed sub- division map. The Board finds that houses were erected on the lot prior to the enactment of the Zoning Ordinance and the Board is recognizing an existing condition in this case. A condition of granting this variance is there shall be no alternations to the present structure other than the addition of a one car garage, to be maximlum dimensions of 18feet by 22 feet. Southold Town Board of Appeals -3- May 16, 1968 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardships 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 ~. Bergen, it was RESOLVED [,Lazily Hofmann, 183 Spruce Street, Roslyn Harbor, New York, be granted permission to divide property with insufficient frontage and area as applied for, on property located Peconic Shores, lot No. 12, Peconic~ New York. Vote of the Board: Ayes:- b~. Gillispie, ~. Bergen, [.~. Hulse, ~. Doyen. PUBLIC HEARING: Appeal No. 1178 - 7:45 P.~.(E.D.S.T.), Upon application of Walter r,~ller Jr., East Legion Avenue~ 5~ttituck, New York~ for a var~nce in accordance with the Zoning Ordinance, Article III, Section 303, Article X~ Section 1000A~ for permission to divide property with insufficient frontage and area. Location of property: Riley Avenue, lot number 18~ Mattituck, New York, bounded north by Walter ~ller, Jr.,east by Julius Zebrowski~ south by Jaumes Wasson, west by North Riley Avenue. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidau~t attesting to its pub- lication in the official newspaper~ and notice to the applicant. THE CHAI~..ta_N: Is there anyone present who wishes to speak for this application? ~fILLIAM %~. ESSBKS, ESQ.: I am advised that I made a mistake. Lot number 18 is one family dwelling. B~. ~ller acquired this in 1955, and what was lot 15 in 1944, but lot number 15 no longer exists. They came in and dredged it. He thought he was signing a_n easement to go in there amd use it for drainage, but there was a clause in that that allowed them to go in there. I made application to the County for reinbursement and I am now going to t~¢e it up with 5~. Albertson. %'.~en it was presented it was let us come in and do some dredging. This is one of the reasons we are here. It is an. unique situation. If you gentlemen have visited the area, you ~mow the homes are on small lots. His father died and his mother lives across the street~ and there is no need to keep this house. Southold Town Board of Appeals -4- B'~y 16, 1968 TI~E CHAI1~'ULN: You intend to sell one part and leave one part of t~e lot? I~R. ESSEI~: No one is asking to put two houses in there. This division would make a more saleable and better building lot. MR. HULSE: How far apart are the rest of the houses? BERGEN: At least 10 to 15 feet. THE CHAIRSRtN: This appears to be the best division of the property. Is there anyone~sent who wishes to be heard in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to be against this application? (There was no response.~ After investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient frontage and area. The lot in question has a frontage of 60 feet. The area in question is built up with homes on lots that az~ the same frontage. It would not change the character of the neighborhood by granting this variance. The Board is in agreement with the reasonings of the applicant as presented in the application to the Board. The Board finds that strict application of the Ordinance will produce practical dJ_fficulties 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 s~me use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by ~. Gillisple, seconded by 5~. Bergen, it was RESOLVED Walter 5~ller, Jr., East Legion Avenue, Mattituck~ New York~ be granted permission to divide property with insufficient frtongae and area as applied for on property located on Riley Avenue, Mattltuck, New York. Vote of the Board: Ayes:- Mr. Gillispie, ~. Bergen, ~. Hulse, Doyen. Southold Town Board of Appeals -5- May 16, 1968 PUBLIC HEARING: Appeal No. 1179 - 8:00 P.M.(B.D.S.T.)~ UpOn application c~f Edward Schild, d/b/~/ D~row Fishin9 Station~ Old Main Road, So~thold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a), for permission to erect an off premises directional sign, 2 feet by 8 £eet; Location of property: Map of $anford Brick Co., Lot No. 12~ MaE Road~ Southold, New York, bounded north by Railroad, east by J. Oates~ south by b~aln Road, west by J Oates. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exceptlon~ legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIP~k~N: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIR~N: 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 request permission to erect and maintain an off premises directional sign on the property of J.P. Oates. Said property owner has given written permission for the location of a si9n ~ his property. The sign is a directional sign for a F~ hin9 Station~ thus being in the interest of the travelling public. The sign is two feet by eight feet. The Board is in agreement with the reasoning of the applicant. 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 C~dina~m~ will be observed. On motion by F~. Doyle, seconded by ~ir. Hulse, it was RESOLVED Edward Schild, d/b/aArrow Fishing Station, Old Main Road, Southold~ New York, be granted permission to erect and maintain an off premises directional sign on the property of J.P. Cares, as applied for~ subject, however to the following conditions: 1. The sign shall be located on a permanent sign structure. 2. The sign shall be located at least five (5) feet from any property line. Southold Tov~ Board of Appeals -6- b~y 16~ 1968 3. The sign shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it applies t o signs. 4. The sign shall be granted for a period of one year, renewable annually upon written application to the Board of Appeals. Vo~e of the Board: Ayes:- 5~. Gillispie, ~. Bezgen~ Mr. Hulse, Doyen. PUBLIC HEARING: Appeal No. 1180 - 8:15 P.M.(E.O.S.T.), Upon application of A.W. Albertson, Jr., d/b/a Albertson Marine, Inco~ 562?5 Main Street, Southold, New York, for a special exception in accordance with the Zoning Or~hinance, Article IV~ Section 408, Sub- section 5(d) for permission to erect a second wall sign, 4 feet by 8 feet. Location of property: south side 5~in Road~ Southold~ New York. Bounded north by Anita Albertson, east by Joseph Gomez~ south by Main Road, west by Genevieve Albertson. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special excpption~legal notice of hearing, affidavit attest~ to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ALBERTSON: Yes. THE CHAIRMAN: Are you the owner of the property? MR. ALP~RTSON: Richard Mullen owns it. THE CHAIRMAN: Is he agreeable to this sign? F~. ALBERTSON: Yes. THE CHAIRbLadN: You wouldn't have much room for parking in front of the building if you had a sign out there. It looks like a solid type of sign construction. 5~. ALBERTSON: It is bolted through in four places and has two uulde wires. THE CHAIRMAN: I don't think we have had a sign this bi9 before. Are there any trucks goin9 in there? ~. ALBERTSON: They can~ 9et that close to it. THE CHAIRF~N: The porch goes out beyond the sign? MR. ALBERTSON: Right. Southold T~vn Board of Appeals -7- May 16~ 1968 THE CHAIRS~N: h~aat is the distance from the easterly side of the buildin0 ? ~. ALBERTSON: About 20 feet. THE CHAIR~UuN: I was just wonderin0 if any trucks would back into the sign? ~. ALBERT$ON: They would have to hit the building first. THE CHAIRMAN: Do you have any deliveries by trailer truck? 5~. ALBERTSON: They come in the back. TP~ CHAI~4AN: If we grant permission for this sion, you will have to forego the rioht to a 0round sion in the front. 5~. ALBERTSON: It can't be ~one there anyway. THE CHAIRSHLN: Are there any other questions? (There was no response.) THE CHAIRSL~N: Is there anyone present who wishes to speak against this application? (There was no respon~ .) After investioation and inspection the board finds that the applicant requests permission to construct and maintain a front wall sion, four feet by eight feet. The Board finds there is no room at this premises to erect a ground sign in the front yard area as permitted under the zonin0 Ordinance. By the grantin0 of this permission for the erection of a sion on the front of the buildino the applicant foregoes the right to a 9round sign in the front yard area. The Board is in aoreement with the zeasoni n9 of the applicant. The Board further permits if the applicant acquires the building adjoinin9 to the west as part of his business premises, this permission shall be construed to permit movln0 the sign from the present location to the new location on the premises to the west, suspended from the front of the building. 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 ~ud adjoinin0 use districts will not be permanently or substantially in~ured and the spirit of the Ordin- ance will be observed. Southold To%~ Board of ;-ppeals -8- ~,~y 16, 1968 On motion by b~. Hulse, seconded by Mr. Bergen,it was RESOLVED A.W. Albertson, Jr., D/B/A Albertson Marine, Inc., 56275 ~in Street~ Southold~ New York~ be granted permission to erect uA'maintain a front wall sign~ four feet, by eight feet, as applied for on property located on the south side Main Road, Southold, New York~ subject to the following conditions: 1. The sign shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it applies to signs. 2. The sign shall be granted for a period of one year~ renewal~e annualy upon written application to the Board ~f Appeals. Vote of the Board: Ayes:- ~. Gillispie~ Mr. Bergen, ~. Hulse, [~. Doyen. On motion by I~. Gillispie, seconded by ~.~. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated April 25~ 1968~ be approved as submitted. Vote of the Board: Ayes:- ALL On motion by ~. Gil~spie, seconded by Mr. Bergen, it was RESOLVED that the SOuthold Town Board of Appeals set 7:30 P.M., Thursday, ~une 6~ 1968~ at the To~n Qffice, R~ Road~ Southold~ New York~ as the time and place of the next regular meeting for all scheduled hearings. Vote of the Board: Ayes:- ALL The meeting was adjourned at 9:00 P.M. Respectfully submitted, ld To~ Bo~d of Appeals