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HomeMy WebLinkAboutZBA-04/13/1967Southold Town Boar o£Appeals SOUTHOLD, L. I., N. Y. Telephor~e SO 5z~6bO APPEAL BOARD MEMBERS Robert xX/. Gillispie, Jr., Chairman Robert Bergen Charles GreBonis, Jr. Serge Doyen, Jr. Fred Huls¢, Jr. MINUTES SOUTH(~LD TOWN 'B~)ARD OF APPEALS April 13, 1967 A regular meeting of the Southold Town Boardcf Appeals was held at 7:30 P.M., Thursday~ April 13, 1967, 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.,. Serge Doyen, Jr. PUBLIC HEARING: Appeal ~o. 1076.- 7:30 P.M.'~EST), Upon application of Lloyd E. Terry~ MainRoad~ Or~ nt~ New York, for a special exceptiondn accordance with'the Zoning Ordinance, Article X, Section 1003A, for permission~to zenew a farm labor camp permit granted March 24~ 1966. Location of property: south side Main Road, Orient~ New York~ bounded'north by Main Road, east byeS. Koroleski~ and R~&H.-Latham, south'by'Long Beach Bay, west by Mrs. E.W. Latham'Estate. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exception~ legal notice ofhearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. Southold Town Board of Appeals -2- April 13~ 1967 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (~There was no response. ) TPRE CHAIRMAN: I will speak for it. I thin k the permit should be renewed for another year. There have been no complaints that I know for this camp. MR. BERGEN: Are there any police calls on record at all that you know of? THE CHAIRMAN: I don't know, I doubt it. MR. HULSE: I have never heard any complaints from anyone in Orient. THE CHAIRMAN: 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 renew a farm labor camp permit that was granted March 24, 1966. The Board finds there will be no changes in the operation of this labor camp for the year of 1967. As far as the Board can determine there has not been any trouble with the laborers in this camp. The Board points out that the individual farmer has to house his own labor. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of cneighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Far. Bergen, seconded by Mr. Hulse, it was RESOLVED that Lloyd E. Terry,. Main Road, Orient, New York, be granted renewa~ of a farm labor camp permit that was granted on March 24, 1966, on property located on south side Main Road, Orient,New York. This permission is granted for a period of one year. Vote of the Board: Ayes:- Mr. Gillispiew. Mr. Ber~en~ Mr. Hulse. SouthOld Town Board of Appeals -3- April 13, .1967 PUBLIC HEARING: Appeal NO. 1077 - 7:40 P.M.:(E.S.T.)i, Upon application of'Roger Ward, SoUthold,. New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307,. for permission to construct an attached'garage with in sufficient side yard area~ Location of property: east side Jacobs Lane, Southold, New Yo~k~ bounded north~ east and-south by M. Dickerson, west by Jacob~Lane. Fee paid $5.00. The Chairman opened the hearing by. reading the application for a variance~ lega~otice of a hearing, affidavit attesting 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? ROGER WARD: I am Roger Ward. I would certainly like to get the variance and I don*t think it would hurt anyone around there. There are no houses immediately around. It is all farm land there. I don't see how it could cause any hardship to anybody. The only other place would be further back on the lot andthat makes it difficult to maintain and difficult to get into the house. I think it would add to the appearance. It would be a nicer construction~ nicer building. THE CHAIRMAN: We are concerned with what-will happen in the future., and if the land around you should develope,~ which it probably will some day. This is one of the things we have to consider. This is a situation of a narrow lot. As I understand it the lot.,. Mr. Dickerson sold a lot that was illegal in the first place. He sold it after Zoningwent into effect. I think this is the history of it . Fir. Dickerson sold it after zoning was put into effect. I guest he didn't- feel bound by the Ordinance which requires 100 foot frontage. I suppose that was the way the tenant house was set up. When he sold it he saw no reason to adhere to the Town Ordinance. The last man that bought the property was also denied permission to add on. He never came to this Board though~ He was in the position of requesting relief on a self imposedhardship. When he bought the land he knew what the size was and what the Zoning Ordinance required, or he could have found out what the Zoning Ordinance required. The Ordinance requires certain side yard~ rear yards~ and so on. We are prevented from granting relief from a self imposed hardship. A perfect example is a man that built his house to close to the road and is going to have to move it. There is no legal basis for hardship and that is the situation in this case. There is no legal way we can grant relief on self imposed hardship. Southold Town Board of Appeals -4- April 13,, 1967 THE CHAIRMAN: We appreciate your position. Others have had similiar situations. Werrecall a man who wanted to put his garage close to the street. His property was on the water. One of his a~_91/ments was snow removal and~i~tance from the street. That isn't something we are consider. I am just trying to demolish your argumehts one by one. The only thing we can give you permission to do is put up a detached building and put it two feet from the property lines. The other building is pretty close isn't it? MR. ~HARD: Yes. THE CHAINMAN: Maybe it should be three feet from either line. MR. SA%RD: How close can it be to the house? MR. HULSE: It~would have to be in the rear yard. THE CHAIRMAN: The rear line of the house would be the line extending the further most part of t~e back of the house. Any where in the back yard is permissible~ but it can't be attached. (Mr. Ward pointe~ out the porch and the main part of the house in the rear on the sketch provided with the application.) THE CHAIRMAN: CPointing to sketch): Is this garage here now? MR. WARD: That is a little barn. THE CHAIRMAN: How do you get your car in this? MR. WARD: I have to come all the way around. THE CHAIRMAN: How would you get your car out of the existing garage? MR. WARD: I wouldn't use that one. I might even take that down. THE CHAIRMAN: How long is the proposed garage? MR. WARD: About 20 feet. Southold Town Board of Appeals -5- April 13,, 1967 MR~ HULSE: You would have to buy land from Mr. Dickerson. THE CHAIRMAN: If it is possible to buy land from'Mr. Dickerson you should buy 29 feet so you can make a legal size lot. There is no way legally,we can grant relief on this type of situation. Were you aware this was an'undersized lot when you bought it? MR% WARD: No. Verbably I was give'an additional six feet all the way around the property. I can't do anything about that. MR.' HULSE: Did you have a lawyer in 'this? MR. WARD: Yes, but we didn't go into these things. THE CHAIRMAN: I don't know any way we can help you~ unless Mr. Dickerson will enlarge the lot which he should have done in the first place. This is pretty open and shut. This isn't some- thing we have any discretion about. There is nothing wecan do about it. ~The possibility of acquiring additional land was again briefly discussed_) THE CHaIRMAN: 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 reques~permission to construct an attached garage with insufficient side yard area. The Board finds that the lot in question is a narr°w lot being 71 feet Wide. The Board further'finds that~this lot was sold illegallyby the original owner, M. Dickerson. The lot~was first set off,, as 71 f~et wide by 138.65 feet deep~ afterthe date the Southold-ToWn Building Zone Ordinance was~_put into effect. The Board points out that the hardship involved here is a self imposed hardship, and not one that can legally be,considered'by this Board. The Board suggest theappiicant tryto obtain additional land from the adjoining property owner, who was the original owner of ~the lot in questinn. The Board also points out that the applicant may erect a private detached garage in the rear yard area, pro- viding it is at least three feet from-the side yard line and at least three feet from the rear yard line. Southold Town Board of Appeals -6- ~April 13, 1967 The Board finds that strict application of the' Ordinance woul~oduce practical difficulties or unnecessaryha3cdship; the hardship created is, unique and would~ be shared by all pro~n~ies alike inthe immediate vicinity of this~property and in the same use district; and the variance does~bserve the spirit of the Okdinance and will.~change the character of the district. On motion b~'Mr. Hulse, se~nded by Mr. Bergen,. it was RESOLVED that RogerWard~ Southold, New York, be denied permission to construct an attachedgarage with insufficient side yard area on property located on the east side Jacob Lane~ Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie,~ Mr..Bergen.~. Mr. Hulse. PUBLIC HEARING: Appeal No. 1078 - 8:00 PiM.'~E.S.T.}~. Upon application ofEastern Shores~ Inc.~ North Road,. Greenport, New York,~ fora special exception in accord_ance with the'Zoning Ordinance, A~ticle III,~ Sectinn 300, Subsection 9~ for permission to retain the following subdivision identification signs with insufficient setbac_N~ 1) a sign on the north ~r~ side North Road !(CR 27)~ at the entrance to MCCann Lane, .east and west side of McCann Lane~ Greenport, New York; 2) Two signs on the north side North Road i.(CR 27), on the east and west side of Moore Lane N0rth~ on the premises of J.J. Vaccaro and A.'M,' Atwan, respectively. 3) a sign on:the property of O~'E.' Gildersleeve~ North Road~ Green- port~ New York, bounded north byHomestead Way,. east byH~J.S. Land and Development-Corp., south by North Road !(CR 27)~ west by H.~.Sj Land and Developement-Corp; 4) a sign on-the land of the aPPticant~ north side North Road ~R 27)~ Greenport~ New York~ boundednorth, east and west by HjJ. S. Land and Development Corp.~ south by North Road (CR 27.)/ Fee paid $5.00. The~Chairman opened the hearing by. reading~the application for a~special exception, the legal notice ofhearing~ affidavit attesting to its publicatiun in the officialnewspaper, and the notice to the applicant. South-old Town Board of Appeals -7- April 13, 1967 THECHA~: Is there anyone present Whowishes to speak in favor of this application? '(There was no response,) THE CHAIRMAN: I told Mr. Morgan it wouldn't benecessary for him to-appear, we are familiar with %he situation. THE CPL%IRMA~: Is there anyone present who wishes to speak. against this application? (There was no response. ) MRj BERGEN: Is sign, number one., the two facingsigns,~ double face? THE CHAZRNAN: They are on a fence as you come in. MR~ HULSE: ~umber one is al~l~'~, and sign number four is alright. THE~CHAIRMAN: Signs number two and threehave to get letters of permission-from the property owners. MR. BERGEN: Theyare real estate directional signs~, the type we haven't given permission for. MR. HULSE: Signs number two and three will have to be denied. THE CH~IRFR~: Sign number four is a two facing sign. MR. H~E: I think we agree with the applicant~, if the signs were put back 35 feet they would not'be visible. TMECHA~: This part of the developmentis inaccessible. Actually they might need identification in that place~ MR. PU3LSE: I don't think they need it. THE CHAIRMAN: I don~t think-theyneed it to sell property-. Maybe they don~t need it. ~nis' is a little different fromlbeing way off the Main Road. MR, BER~: The sigss don't a~vertise anything in the interest of the travelling public, MR. HULSE: The~' other signs we permitted were to direct where people already live. This is strictly advertising. Southold Town Board of Appeals -8- April 13, 1967 THE CHAI~RMAN: Is there anything else? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to retain four subdivision identification signs with insufficient setback. The Board agrees with the reasoning of the applicant as to sign number one and sign number four. If the signs were set back the required thirty five feet they would not be .~isible. These two signs are permitted. As to sign number.two, this is an advertising sign for the sale of property and located o~ property'other~than that of the developers. As to sign number three, this is an off premises directional advertising sign and as such is not a permitted use. As to sign number one and sign number four 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. As to sign number two and sign number three, the Board finds that the public convenience and welfare and justice will not be s~rved and the legally established or permitted use of neighborhood property and adjoining use districts will be pez~L~anently or substantiallyinjured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, itcwas RESOLVED that-Eastern Shores, Inc., North Road.~ Greenport~ New Yorka be grated permission to retain the foil®wing subdivision identification signs with insufficient'setback: 1) a sign on the north side North Road ~CCR 27), at the entrance to' M~Cann Lane, east and west side of McCann Lane, Greenport~ New York; 2) a sign on the land of the applicant north side North Road'(CR27), Greenport, New York, bounded north, east and west by H~'J.S. Land and-Develop- ment Corp., south by Nmrth Road (CR 27), as applied for. This permission is granted subject to the following conditions: Southold Town Board of Appeals -9- April 13, 1967 1. Both signs shall be granted for a period of one year,, renewable annually upon written application to the Board of Appeals. 2. Both signs shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it applies to signs. IT WAS FURTHER RESOLVED that Eastern Shores~ Inc.~ North Road, Greenport,.~New York,, be denied permission to retain the following subdivision identification si~s: 1) two signs on the north side North Road i(CR 27) on the east and west side of Moore Lane North, on the premises of JjJ.' Vaccaro and A. Mi Atwan~ respectively; 2) a sign on the property of O.E. Gildersleeve~ North Road, Greenport, New York~ bounded north by Homestead Way,. east by~H~J.S. Land and Development'Corp., so~th by North Road (eR 27), west by H.J.S.- Land a~d Development-Corp. Said signs .shall be removed within 60 ~ays from the date of this action. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HE.ZING: Appeal No. 1079 - 8:20 P~(EST)~ Upon application of Cr. escent~Beach Motel.~ Inc.~ Main Road, (Rt 25)~ Greenport~ New York,, for a special exception in accordancelWith the.Zoning Ordinance, Article III~ Section 300,. Subsection 10, for-permission to erect a d~rectional sign on the property oft he Rutkowski Est., located on the north side'.Main Road~-East~Marion,. New York, bounded north by Main Road~S~te, east by Shipyard Lane, south by'Cleave'Point~Corp.~ west~by~Cleave Point'Corp. Fee paid $5.~0 The'Chairmanopened the hearing by reading the application fora special exception, the legal notice of hearing,, affidavit attesting to its publication in the official newspaper, and the notice tothe applic ant. Southold Town Board of Appeals -10- April 13, 1967 THE CHAIRMAN: Is there anyone present who wishes to speak.for/6his application? Mr. Kavanaugh: I do. MR. HULSE: Did you have this sign made yet? MR. EAVANAUGH: It is in the process. MR. HULSE: On the application the sign reads turn left. Maybe it would b~better to have it read next left. -~~UGH: It could be done-that way. (The location of the sign was discussed. It.was determined the legal notice was in error in regard to the description Of the property for t~e location of the sign. The Chairman read -the letter of permission from the property owner, which designated where the sign shall be located on the property.) THECHAIRF~N: Is there anyone present who wishes to speak against this application? ,(Therevas no response.) After investigation and inspection the Board finds that the applicant requests permission to erect an Off Premises directional sign on the property of Stanley J. Rutkowski. -Said property owner has given a letter of permission for the erection of said sign, The: Board finds that the applicant operates a motel and the sign in question directs to his motel business. The Board points out this sign is in the interest of the travelling public. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use ofneighborhood property and adjoining use districts will notlbe permanentIy or substantially injured and the spirit of the'Ordinance will be observed. $ou~thold ToWn Board of Appeals -11- ~April 13, 1967 On motion by Mr. Hulse~ seconded by Mr. Bergen,. it-was RESOLVED that Crescent Beach Motel~. Inc., Main Road~ Greenport, New York~ be granted permission to erect a directional sign on the propertyof Stanley J. Rutkowski, located on the north side'Main Road, East Marion~ New York, as applied for. This permission is subject to the following conditions: 1. The sign shall be no larger than 24 square feet in area. 2. The sign shall be located at least five feet from any property line. 3. The sign shall be located at least three feet~above groundlevel. The sign shall be subject to all subsequent change~ in the'Southold Town Zoning Ordinance as it applies to signs. ~. The sign shall be granted for a period or'one year~. renewable annuallyupon written application to the Board of Appeals. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,. Mr. Hulse. Mr. David~Dill appeared before the Board for an informal discussion in regard to having a professional office in a residential area. The nature of Mr. Dill's profession is data processing service bureau. There weuldbe no signs, no displays~ no advertisings, andno cars coming in and out, other thana delivery truck once or twice a month. The Board agreed this_type of operation would bepermissible in a residential area within the residenoe of Mr. Dill. On motion~by'Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes oftheSouthold Town Board of Appeals dated March 30th, 1967, be approved as corrected. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Hulse, Southold Town Board of Appeals -t2- April 13~ 1967 On motion by Fir. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of'Appeals set 7:30 P~M.i(E.S.T.)', Thursday, April 27, 1967, at the Town-Office, Main Road, Southold, New York, as the time and place of hearing upon application of Kyrillos~ Charalambides, 1550 Central Drive, Mattituck, New York~ for a variance in accordance with .the Zoning OrdinanCe, Article III,. Section 300,-SUbsection 6,. or Article III, Section 306.~ and Article VII, Section 703., for permission to construct an addition with insufficient front yard setback. Location of property: north ~east co~ner' Central Drive and Summit~Drive,. Mattituck, New York~ lot number 79, Captain Kidd Estates. Vote of the Board: Ayes:- ~n motion by~Mr. Gillispie, seconded by Mr. ' Hulse.~. it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.'M~-~(E..S2T.}% Thursday, April 27, 1967, at the Town Office~ Main Roa~ Southold,. New York, as the time and place of hearing upon application of H.R. Reeve & Sons, Inc., Main Road~ Mattituck,. New York~ a/c RatphW. Tuthill, WickhamAvenue,..Mattituck, New York, for recogntion of access in accordance with the'State of New York TownLaw, Section 280A. Location of property: north side Wickham Avenue~ Mattituck, New York, bounded north by'Otto L. Anrig~ east by George Dickerson &O~s.~ south byWickham Avenuew west by'P. Kueski. Vote of the Board: Ayes:- motion by Mr. Bergen, seconded by-Mr. Hulse, it was RES-OLVED that the Southold Town Board of Appeals-set 8:00 P~'M.i~E.S.T.),. Thursday, April 27, k967, at the TOWn'Office~ Main Road, Southold, New York., as the time and place of hearing upon application of William'wickham~ Esq., Main Road~ Mattituck, New York~ a/c Herman W. JohnSton, 286N. OceanAvenue, Patchogue~ New York, for a variance in accordance with the Zon~ Ordinance, Article II~ Section B03, Article X, Section 1000A, for permission to divide property: Location of property: north east and north west sides Haywaters Road, Nassau Pointa Cutchogue~ New York,lots number 13~ 14, 15, and 22 in PeconicBay Properties Subdivision. Vote of the Board: Ayes:-~LL Southold Town Board of Appeals -13- April 13, 1967 On motion by M_r. Hulse, seconded by Mr. Bergen, it was -RESOLVED that the Southold Town Board of Appeals set 8:15 P~M,(E~S~T.),I Thursday, April 27~ 1967, at the Town Office, Main Road~'Southold, New York, as the time and place of hearing upon application of'Oyster Ponds Road & Gun Club~ Inc., Orient~ New York, for a special-exception in accordance ~ith the Zoning Ordinance,. Article III~ Section 3001~ Subsection 5 (c), forpermission to maintain and operate a private club, rifle and pistol range within a structure. ~Location of property: south side King Street~ Orient., New YOrk, bounded north by'King Street, EastbyRobert Douglass and Wf., south by~Latham andOrient'Harbor~ west by Douglass, Krull, Frey and Others Vote of the Board: Ayes:-~ALL On motion by'Mr. Gillispies, seconded by Mr. Hulse,. it was RESOLVEN that the'Southold Town Board of Appeals set 8:30 P.M.:(E.S.T.),i Thursday, April 27, 1967, at the Town Office~ Main Road, Southold, New York, as the time and place ofhearing upnn application of'Edna A. Brown,. MainRoad, East Marion, New York~ for a special exception in accordance with the~Zoning Ordinance Article ~IV, Section 408~ Subsection.A~. for permission to retain an on premises identification sign .with insufficient height from ground level. Location of property: north sideMain Road, East Marion, New York, bounded north by Andra Bitten, east by Wo-C. Brw0n~ south by Main Road, west by Mary'King Est. i'~ Vote of the Board: Ayes:-ALL On motion by'Mr. Bergen, seconded by Mr. Gillispie~. it was RESOLVED that the Southold Town Board of Appeals set 8:40~ P,M,:(E.S.T.i)~i. Thursday, April 27~ 1967~ at the Town. Office, Main Road, Southold, New York,. as the time'and place .of hearing upon application of'.Townsend~Manor Inn, 714,. Main Street~ Greenpor~ New York,. for a special exception in accordance with the Zoning Ordinance, Article IIIl,~-Section 3 00, Subsection 1~, For permission to retain an off premises directional sign. on the property' of Haro/d Reese. Location of property: south sideMain ROad, Greenport, New YoIk~ located on lot number 44 in SoutholdShores Subdivision. Vote of the Board: Ayes:- ALL Southold Town Board of'Appeals -14- April 13,. 1967 The next regular meeting of the Southold Town Board of Appeals will be held at' 7:30 PoMe, Thursday~, April .27~ 1967.~ at the Town Office~ Main Road, Southold, New York° The meeting was adjourned at 10:00 Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town Board of Appeals