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HomeMy WebLinkAboutZBA-07/20/1967 APPEAL BOARD MEMBERS Robert xXz. Gillispie, Jr., Ch,~irman Robert Bergen Charles Gre~onis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 MIN'UTES SOUTHOLD TOWN BOARD OF APPEALS July '20~ 1967 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday~. July 20, 1967,~ at Town Office,. Main Road~. Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr.~ Chairman; RobertBergen~ Fred Hulse, Jr. Absent: Messrs: Charles Grigonis~ Jr.~ Serge Doyen~ Jr. PUBLIC HEARING: Appeal No. 544- Upon application of GeorgeL.-Penny, Inc.~ Main Road, Greenport~ New York, for a special exq~pti~n in accordance with the Zoni~ Ordinance~ Article III, Section 300~ Subsection 11, ~for permission to erect and maintain-a directional sign for George L. Penny'-Lumber, Inc.~ on the property of John G. Poliwoda, south side Route 27A, approximately 500 feet west of Albertson Lane~ Greenport, New York. Fee paid $5.00. THE CHAIRMAN: The oz~inal hearing.was scheduled for February 14~ 1.963. Southold Town Board of Appeals -2- July 20, 1967 The~Chairman opened the hearing byreading the original application for a special exception, the original legal notice of hearing,, the original affidavit attesting to its publication in the official newspaper, and the original notice to the applicant. The Chairman also read the Order to remedy violation~ dated January 25, 1963, by the Building Inspector. THE CHAIRMAN: The reason for the delay in this hearing is at the time the hearing was scheduled Mr. Penny.was not available and it was postponed until such time as he could appear and it was forgotten for awhile. At this time is there anyone present who wishes to speak in favor of this application? MR. PENNY: I think it is necessary-formy business tohave a directional sign there. That Route 25 isn't going to be as the road along the sound will be. In order to get people to stop there we need the sign. THE CHAIRMAN: Is there anything else? (There-was no response. ) THE' CHAIRMAN: Is there anyone, present-who wishes to speak against this application? {There was no response.) THE CHA~: I will speak against-it and state that'the Board of Appeals has never interpreted the' Ordinance to permit the existance of business off premises signs such as~the business of the applicant. Accordingly it will be my recommendation that this application~be denied and. thatthe applicant be required to remove this sign withih one week. After investigation and inspection the Board~finds that the applicantrequests permission to retain an. off premises directional sign. The Board finds that the applicantls sign would direct!~n~-traffic to his lumber yard located on the Main Road. The Board points out that this type of sign has never been permitted by the Board of-Appeals. The type, of sign owned by the applicant has never been granted for off premises use. Southold Town Board of Appeals -3- July 20, 1967 The Board finds that the public convenience and welfare and J~st~icewill not be served and the legally estaublished or permitted use of neighborhood property and adjoining use districts-will be permanentlyor substantially injured and the spirit of the Ordinancewili not be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED George L. Penny~ Inc.~ Main Road, Greenport~ New York, be DENIE~rmission to erect and maintain a directional sign on the property-of John G. Poliwoda, south side Route 2'7A, approximately 500 feet west of'Albertson Lane, Greenport, New York. This 'sign shall'be removed from the premisesby July 27, 1967. Vote of the Board: Ayes:- Mr. Giltispie~ Mr. Bergen, Mr. Huls~. PUBLIC HEARNNG: Appeal No. 1129 - 7:45 R,F~E.D,~S.T.), Upon application of Rensselaer G. Terry, Jr., Esq.~ Main Road, Southold, New York, a/cMarie Burkhardt, Bayview Road, Southold~ New Yo~ for recognition of access in-accordance with the State of New York Town Law, Section 280A. Aocation of property: s/s Main BayviewRoad; bounded north by Main Bayview Road~ east by A. O'Sullivan and Ano., south by South Fork~Development Corp., west by M. Caccavo. Fee-paid $5.00. The Chairman opened the hearing Dy reading 1the application forrecognition of access, legal notice of hea~ing~ affidavit attesting to its publication in the official newspaper, and the notice to the applicant. THE CHAIR/4AN:' Is there anyone present who wishes to speak in favor of this application? REI~SELAER G%' TERRY~' JR~-~,. E~': Mr. Chairman and members of the Board I'appear on behalfof~4rs. Burkhardt and ask your favorable consideration of this application. It does not violate the spirit of the'Ordinance. It is a large piece of' property, It appears to me to be in accordance with past decisions of the Board. THE CHAIRMAN: Anyone else to speak for this application? MR. BEE~N: As a Board member I will say we were down to look at this and they would be able to get a fire truck or ambulance in there. Southold Town Board of Appeals July 20-~ 1967 THE- CPI~IRMAN: Is this right- of way as described on the map? R.G. TERRY, JR~.~,' ESQ.': No, it isn't actually as shown on the map. THE CHAIRMAN: I~ think the driveway is on the westerly side? RjG. TERRY,~.JI{o'~ESQ.': The ~intention was to be on the southerly side. THE CHAIRMAN:,What-we are approving is a, 16 foot oft his property~ adjoining the southerlypart of the property. R.G.' TERRY,ESQ.: It is intended to be along the southeasterly boundary line. T~E CHAIRMAN: Presently you have got it on the westerly boundary line. Do you intend to move it? R,'G. TERRY~JR.,ESQ.': Yes. MR.' BERGEN: Then it will have to be approved subject to the approval of the Buildi~ Inspector. R~G.' TERRY, J~j,ESQ¥: Thereis no objection to leaving;the right of way where it is. This was proposed by Mr. Van Tuyl. THE CHAIRMAN: The right of way should be describedas being along the westerly boundaryline. Is there-anything fur'ther on this application~ (There was no response.) After investigatien and inspection the Board finds thatthe applicant requests approval of access on a right of'way to be approximately 300 feet in depth. The Board points~ out the right of wayshould be described as being along the weStertyproperty iine~ -The findings of the Board are the driveway is in good condition and is passable for emergency vehicles. 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 sharedby all properties alike in the immediate vicinty of this property and in the same use district; and the variance does obsez~e the spirit of the Ordinance and will not change the character of the district. Southold Town Board of Appeals -5- July 20~ 1967 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED Rensselaer G. Terry, Esq,. Main Road~ Southold, New York, a/c Marie Burkhardt, Bayview Rca d, Southold, New York, be granted approval of access 'for a private right of way south side Main Rayview Road, Souttuld, New York. Vote of the Board: Ayes:--/4r. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARIN~ Appeal No. 1130 -~:55 P.~M~.(E~D~S.T.), Upon application of Lefferts P. Edson, Esq., a/cPhilip and Natalie Paris,. 3 Gre~tJones Street~ New York, NeW York, for'permit to alt~r and convert an existing farmbuilding to a residence and Studio,. said farm buildingbeing a ,non-conformingbuilding", having insufficient setback from a public~highway~ also for the conversion of another existing ~farm building'to a studio. The above applications are made under the Provisions of Article III, Section 304,. and Article III, Section 300, Subsection 7 of the' Building. Zone Ordinance of the Town of Southold. ~ Location of property: east side Midland Parkway, being lot~%l,.map of "Beawood Acres, Section Map %2575 filed in the County.'Clerk's Office, bounded north by lot number 2 & 3 Sea~eod Acres, Section I, east by F.TAkscin &' south by'O. Selling& P. Peters, west by'Midland Parkway, Bayview, Southold, New York. Fee paid $5,00. The Chairman opened the hearingby rea~ing the applications for a~s~-~e&a~-e variance, legal n~ice of hearing, affidavit attesting to its publication in the~official neWspaper~ and notice to the applicant. The Chairman read the following letter: "June 16, 1967 - Mr. & Mrs. Philip Pavia~ 3 Great Jones Street~ New York, New "Dear Mr. & Mrs. Pavia: "Today I received a copy.of the survey of you SeawoodAcres,. SouthOld~ New York,. from Van Tuyi the Surveyor, showing the locations of all buildings, propertylines, etc. "The westerlybuilding which you wish to convert-to a studio with living quartersis a "non-conforming" building which is too close to the~road. This can not be-converted to any other use than agricultural storage without approval of the' Board of Appeals. Southold' Town Board of Appeals -6- July 20~ 1967 "The main (largest) barn can be converted to a residence with a studio if you wish, however this will require a building permit and health department approval of water supply'& sewage disposal, before a certicate of occupancy can be issued. "None of the buildings can be used for any purpose other than agricultUral storage without'a certificate of occupancy - Article VII Section 703B of the Building Zone~Ordinance. '~ You are hereby ordered~ not to use any of the bu~dingsf~ for any purpose other than agricultural storage until a cert~cate of occupancy for such building is issued by this office. "Yours truly, /s/ Howard Terry, building Inspector." THE CHAIRMAN: I will state this application as we understand it and then ask .for anybody to speak in favor of it. Please correct me if I am wrong~ The small building which is closer to the Midland Parkwayis proposed to make into a studio and residence, is that~correct? LEFFERTS Pj EDSON, ESQ.: Yes. THE CHAIRMA~i. The other'barn it is proposed to make into a sculptureStudio. One thing I am a little unclear about. The small building will have a studio in it. What is the difference between an artstudio~uand a sculpture studio~ LEFFERTS Pj EDSON, ESQ.': I think it can be explained better by Mr. Pavia. His work is larger in nature than the work'of his wife. MR.' ~AVIA: I make %large statues of mostly.waxl'andb~onze. I have a Federal-commission coming up. I would like to make some tall things if I want to. My wife paints and the little barn is better for her. We thought the little barn we could live in there and she could paint in there until we build a house. MRSJ PAVIA: We thought we would like to have both barns ~ for studios and for'labs in both of 'themand then build a separate house on the property. THE CHAIRMAN: I think there will be very little living area in there. Southold Town Board of Appeals -7- July 20, 1967 HRS~' PAVIA: Actually it is quite large. What we would like now really is just both barns as studios and build a house.~ (Mrs. Pavia showed preliminary, plans ora house to be built on the property and its location.) MR.- BERGEN: This shows the house 60-70 feet-back from the road. MRS' HULSE: On this small.barn you are not going to touch the outside-of the building at all. MRS:' PAVIA: We want to put two sky-lights in there. THE CHAIRMAN: The first problem was that you wanted to live in the barn and that would violate the front yard area requirement. MR, HULSE: The area is quite built-up. THE CHAIRMAN: It will continue to build up. That leaves only the question if this use is a higher use that it-was as farm storage. I think it~. I don't know if the rest of the Board ag~es with me. It stikes me the artistic use of accessory building to store cauli~ower would be higher, and th~rewould be less traffic. The onlyquestion we would have to decide if you are not going to live here, and that would be unacceptable~ unless you moved it. THE CHAIRMAN: Do you expect alot of casting in there? MB~. PAVIA: No. MR. PAVIA: We would be there, mostly in the summer. I have a large studio and teach in New York. THE CHAIRMAN: Could be temporary summer use as a~studio. MRS. PAVIA: It would look'much better. It ~ouldn'tbe an eyesore. Southold Town Board of Appeals -8- July 20~ 1967 THE CHAIRMAN: How long since this building has been used? HOWARD TERRY, Building Inspector: I think it was two years ago that theyhad potatoes stored. THE CHAIRMAN: As I said what~Ou want is to use this building as a studio for painting and this building for sculpture, and you maybuild a house there. How soon will you build the house? MRS. PAVIA: We intent to as soon as you say okay. LEFFERTS P. EDSON, ESQ'.: How definite at this time would you want the location of this construction? THE CHA~: At least 15 feet from this side line and you have 25 feet from this line and 35 feet back from the highway. And you propose to put it back at least 60-78 feet. You will need this information for the Building Inspector.when you apply fora building permit. Is there anything further on this application? (.There was no response.) After investigation and~nspection the Board finds that the applicants request permission to convert existing farm buildings into a painting studio and sculpture studio. The Board grants this application as applied for except the applicants are denied the use of the~Caul~flower house, westerly accessory buildinga on the property for~residential purposes. The findings of the Board are the applicants propos~ to use the large barn, the northerly part of the property~ fora sculpture studio; andthe small barn~ on the westerly part of the property~ as a paint, studio, ~ith the installation of proper facilities. The Board further ~inds that the use is primarily seasonal~ altho the applicants inten~ to build elsewhere on the property and will conform to side yard and fro__m~yard requirements. 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 thisproperty and in the same use district; and the v~riance does observe the spirit of the Ordinance and will not change the character of the dist~h-t. Southold Town Bo~d of Appeals -9- July 20, 1967 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that'Lefferts P. Edson,'Esq., Main Road, Southo~, New York,. a/c Philip and Natalie Pavia, 3 Great Jones Street, New York, New York , be granted permission to convert an existing farm buildings into studios as follOWs: the large barn on the northerly part of the property shall be used as a sculpture stmdio; the small barn on the westerly part ofthe property as a paint studio; the applicants are denied permission to use~ther' building as a residence. Location of property: East sideMidland Parkway~ being lot~$1, Map of "Seawood Acres, Section I", Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC ~ARING: Appeal No. 1131 - 8:20 PeM~(E. D2S.T.), Upon application of WilliamWic2cham, Esq., Main Road,~ Mattituck, New York, a/c Julius W. Helbing~ Sailors Needle'Lane, Mattitucka New York, forpermit to divide propertywith insufficient area and~ recognitionof access; under ~rovisions of Article III, Section 303, andArticle X,/Section 10O0A, of Building Zone Ordiance of the~ Town of Southold and New York State TOWnLaw, Section 280A. Location of Property: east half of lot $31, map of Lida Bartley, map $770 filed in County'Clerk's Office, bounded north byJames Creek, 4asr by James Creek, south by Robert~Coomba, west byJamesx Creek. Fee paid $5.00. The Chairman opened thehearing by r'_~d_ing the-application for a s~ecial exception, legal notice of hearing,, affidavit attesting to its publication in the official newspaper, and notice to the application/ The Chairman read the ~ollowing letter into th~ecord: "17 July, 1967, Salt'Lake Village, Mattituck, New York. "~oning Board of Appeals, Southold Township, Southold, New York. "Re-: Application of Julius Helbing for'variance to divide property in Mattituck, New York. "Gentlemen: "As a tax-payer and year round resident of Matt~nck, New York, I would like to protest this applicationofMr. Helbing to divide property~hich is near me, in conflict to the present zoning regulations. $outhold Town ~Board of Appeals -10- July 20, 1967 "I,think it is important' tha~ the residential zon~ requirements he.maintained, especially in this area, and that variances such as this will eventually result' in down-grading of property values, including~my own. "I-therefore,.respectfully request that this application be denied. "Very truly }ours, /s/ Edward A. Reynolds" THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RICHARD LARK, ESQ.': I am associated with the office of William Wickham~ attorney' for the applicant. In this case in the-first instance the applicant desires to amend his application in one respect. $ have prepared two new sketches for the Bc~rd and I will explain the change. The.change has to do With the 15.foot strip of property. In-stead of giving it as stated in the application~ he thinks it best to grant a right of way'to Sailor's Needle Lane. It is felt this is best for seve~at reasons. Mr. Helbing intends to retain the one story frame house, that-won't change,, he .can'~con~Dll the ingress and'egress of anybody he so, the property to. The only change in the petition will be the sqsre footage. Instead of 8,700 square feet it will be 7,650 square feet. The parcel that he proposes-to sell would be just the peninsular portion where it touches the main parcel righ~ere. The right of way. would e~tendto the $&ilor's'Needle Lane. The main reason Mr. Helbing desires to sell this light house parcel, he his getting along in years and wants to reduce some of the burden of the care of the land. His wife is a~cripple,~ and he doesn't Haut to leave anyundo burden on here. He just-wants to keep the one house and sell off the other one. Due to the present difficulty and the unusual shape of the property it is impossible to comply~ith Section 303 of the Ordinance. This won't change the character ofthe neighborhood in any way. First of all, this lighthouse parcel has been used as a dwelling for many manyyears past. It's main function would be as a summer residence. MR~ HULSE: How wide is this strip of land that goes out'to the lighthouse? RICHARD LARK, ESQ.': Approximately 9 or 10 feet. THE CHAIRMAN: I don't think it is wide enough for an emergency'vehicle. Southold Town Board of Appeals -11 - July 20~ 1967 RICHARD LARK, ES~: They could get UP there,, could dump the hose right on James Creek there. Its approximately 65 feet to the'edge of the house to where the peninsular shape joins the main parcel. THE CHAIRMAN: Are the~e any other questions? MR. BERGEN: Does that lighthouse have water and toille~ RICHARD LAR~,i ESQ.: Yes. THE CHA~: Is there anyone presentwho wishes to speak against this application? (There was no response.) THE CHAIRMAN: I will have to dispute the belief that it would remain as a sui-~%er residence. There is no guarantee it will be used in the su~er time. The situation that would be created in regard to fresh water is extremely undesirable. We are charged to some extend to guard the future demands of the Town. The area appears to be depend~nt to a right of way to provide emergency vehicles,~ngress to the actual residence property on the peninsular. The area is insufficient. We are constantlyrevising our~ ideas of what constitutes proper' area. The Board of health specifies in subdivisions 20~000 square feet. And I recall when they put in the 20,000 square feet they wanted 30,000 square feet. It is particularly hard to get' fresh water along the south side of the Main Road. The major objection is it would create a situation that would affectthe well being of the Town and would affect ~he well being of all the people in ~the area. If this was changed to'a year'around use, they could run out of-~ater. MR~ HULSE: There is a good ~ tion of it which you could not call dry land. THE CHAIRMAN: Is there anything further? '(There was no response.) Southold Town Board of Appeats -12- July 20, 1967 Af~ter investigation and inspection the Board finds that the applicant requestPermission to set off a pi~e of property' with insuffic~nt area. Findings of the Board are thatthe parcel of land proposed to be set off will be 7~650 square feet, against the minimum of 12,500 square feet as required by the Zoning Ordinance,. and 20~000 square feet required in all new subdivisions. The Board finds that the property~is peninsu&ar in character being surrounded byJames Creekon three sides. It is questionable whether or not fresh water may~be obtained for this property. The proposed access for the parcel'to be setoff is inadequate to accommodate emergencyvehicles~ It is the ~ opinion of the Board of Appeals that the granting of the proposal would adversely affect-the welfare of the Town ~o~Souttm~nd the residents of Salt'Lake Village. The Board finds that strict apPlication of the Ordimance will not pro'duce practical difficulties or unnecessaryhardship; the hardship created is notunique and would be shared by all properties alike in the immediate vicinity of thisproperty and in the same use district; and the variance does not do serve the spirit of the Ordinance and will change the character'of the district. On motion by Mr. Gillispie, seconded by Hulse, it was REOSLVED that Julius'W. Helbing~ Sailors NeedleRoad, Mattituck,. New York, be denied permission to divide property with insufficientarea and denied permissionLfor~approval of access on property located on the east half of lot ~31 Map of Lida Bartley,. Map No. 770, filed in the Coh~ty-'Clerk's Office, bounded north by James Creek,. east ~y Jamesrcreek, south by Robert Coombs,~ ~est by'A. Ward and James Creek. Vote of the Board: Ayes:- Mr. Gillispie, ~w. Bergen~ Mr. Hulse. Southotd Town Board of Appeals -13- July 20, 1967 The Board of Appeals reviewed.the application of Hideaway Estates~ Appeal No. 882. - The Chairman read the action of the Board of Ap~aals in said case and other correspondence in the file. T~.CHAIRMAN: We were incorrect in putting it on the 25 foot right of way. One of our requirements forcer premises signs is that the owner of the property in question give permission to erect a sign. Otherwise we would be in the position of denying people the right to their own property. WILLIAM WICEHAM, ESQj: I am sorry there are not more residents from the development here. THE CHAIRMAN: Apparently the sign has been moved. MR~ BERGEN: But' according to the information the right of way is.24 feet and the six foot~uffer zone. THE CHAIRMAN: The six foot has nothing to do with it. MR. BERC~N: The sign is still not two feet from the boundary line. THE CHAIRMAn,: They can't locate it on the right ofway unless they get permission. WILLIAM WICEHAM~~ ES~.': You have mot a right of way in ~ which the identity of the owner is notknown. Mrs. Smith owns the right of way and the buffer zone. People have the right of way over it butshe is the fee title. On motion by Mr. Gillispie, seconded by Mr. Hulsea~ it was RESOLVED that because of failure of Hideaway Estates as' represented byMr. WetteD_berg to obtain permission for the continuance of the sign which was the subject of Appeal no. 882, in any location, the.appeal on application number 882 by Mr. Wertenberg is hereby instantly denied. It was further RESOLVED this sign shall be removed by August 1, 1967. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse~ Southold Town Board of Appeals -14- July 20, 1967 A letter was written t~ Mr. We~tenberg advising him of the Board's action on Appeal number 882. On motion by'Mr. Hulse~ seconded by Mr. Bergen~ it was RESOLVED that'the Southold Town Board of Appeals meet at 7:00 P.M.s' Monday, x~July 24~ at the Town Office,Main Road, Southold, New York~ for the purpose of making all decisions on all the appeals by"Suffolk' Outdoor'AdvertisingCo., Inc~ Vote of the Board: Ayes:- Mr. Gillispie,. Mr. Bergen, Mr. Hulse. The next regular meeting for hearings will be 7:30 P.M., Thursday, August~10~ 1967, at the Town Office, Main Road, Southold, New York. On Motion by Mr. Hulse~ seconded by Mr. Gillispie, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated June 6a 1967, be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ MT. Hulse. The meeting was adjourned at i1:00 PJM.' Respectfully submitted, Southold Town Board or-Appeals