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HomeMy WebLinkAboutZBA-08/24/1967 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Gre~onis, Jr. Serge Doyen, Jr. Fred Hulse, .Jr. Southold Town Board of Appeals .cIOUTHOLD, L. I., N. Y. Telephone SO 5-9660 MINUTES SOUTHOLD T~WN BOARD OF APPEALS August 24, 1967 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, August~24, 1967, at the Town Office~ Main Road, Southold, New York. There were present: Messrs: Robert-W. Gillispie, Jr., Chairman; Robert Bergen, Fred Hulse, Jr/, Charles Grigo~is, Jr., was present later'~n the evening. Absent: Mr. Serge Doyen, Jr. PUBLIC P/EARING: Appeal No. 1134 - 7:30 P.M$(EiD. S.T.)', Upon application of Cutchogue Chamber of Commerce, Cutchogue, New York, for a special exception in accordance ~ith the Zoning Ordinance, Article III, Section 300, Subsection 10, for permission to erect and maintain the following off pr~mises signs: 1) a sign on the property of Chester Orlowski, located on the north side Main Road, East Cutchogue, New York, bounded north by'A. Greyszko, east by M.E. Case, south by Main Road, west by S.C. Rysko; 2) a sign on the property of John Wickham, located on the north side Middle Road, Cutchogue, New York, bounded no rth by A. Pietriewicz, east byA. Pietriewicz, south byMiddle Road, ~est by'.Henry P. Wickham; 3) a sign on the property of William J. Baxter, Sr., located on the south side Main Road, Cutchogue, New York, bounded north by Main Road, east by Down's Creek, south by New SuffOlk Avenue-Nilliam E. Horton, west by'D. Andruski; 4) a sign on the property of William Wickham, located $outhold Town Board of Appeals -2- August 24,. 1967 on the mouth side Middle Road, Cutchogue~ New York, bounded north by Middle Road, east byHoore Est.., south by'Long Island Railroad,. west by E. Tuthill; 5) a sign on the property of James Dean, .south side New Suffolk Avenue, Cutchogue, New York, bounded north by New Suffolk~Avenue, east by Liebell-Seaman, south by Peconic Bay, west'by Reeve-Beachwood Sub. No fee required. The Chairman opened thehearing by reading thelegal notice of hearing, application for a special exception,. affidavit attesting to the notice in the paper,~ and notice to the applicant. The Chairman read the letters of permission from the property owners where each of the applied for signs will be located. THE CHAIRMAN: Is there anyone present to speak for this application? Do you have anything to add to the application? PATRICK GORMAN: The only thing I have to say is years ago we had these metal signs. We had three or four and they-~sappeared from the area. TheChamber-ofCommerce is a small group and they are trying to advertise to the people coming into Town what we have in business and recreation. We decided that we would ask the Town for permission to put up these sign to encourage people coming into Town to stop in Cutchogue and have business interest in the community. So we decided to ask the Board of Appeals for permission to erect these signs. THE CHAIRMAN: Whats the size of the Chamber of Commerce group? PATRICK G~RMAN: About 35to 40 people on our mailing list. Those attending meetings are about 12%. CHAIRMAN: You have about 6 people- out to the meetings? PATRICK GORMAN: No~ it is about-15 people. THEICHAIRMAN: How does the real estate group feel about this? Are they willing to go along with this? PATRICK GOP24AN: Yes. MR. HULSE: Do all of these signs say the same thing? Southold Town Board of Appeal~ -3- August 24, 1967 PATRICKGORMAN: Coming intoCutchogue it will say,- Welcome to Cutchogue~ Chamber or, Commerce, DriveSafe~y. The one in New Suffolk will say~- Welcome to New Suffolk, Chamber of Commerce~ Drive Safely. They are all the same except going into New Suffolk. THE CHAIRMAN: What will be the size of the si~s? PATRICK GORMAN: Whatever can be read from a car going by. There will be five or six words all together. THE CHAIRMAN: How about the signs in Mattituck~ ar, e they big enough? HOWARD TERRY~ Building Inspector: The MerchantsAssociation's sign is four feet by six feet. The Chamber of Commerce sign is three feet by four feet. PATRICK GORMAiq: We thought a white sign with black lettering would be presentable. THE CHAIRMAN: How do you propose to erect these signs? PATRICK GObliN: On wood post, We are not goingto put them all up right now because we don't havethe money. THE CHAIRMAN: I don't see anything wrong with this request. Does anyone wish to object to this for four signs welcomeing people to Cutchogue, and one sign welcomeing peopleto New Suffolk? ~There was no response.) PATRICK GORMAN: These signs will all be single face. MR. HULSE: If you have one at each end of Town they don't need to be double .face. THE CHAPMAN: Do the signs on the County highway'have an arrow~% on them? PATRICK GORFaa/q: Thatis a very good point. They should have an arrow on them. THE CHAIRMAN: ttseems to me there has always been some question of'advertising business off premises. This is a partial solution on signs indicating business districts. Southold Town Board of Appeals -4- August 24, 1967 THE CHAIRMAN: Is there anything further on this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permissicn to erect five signs in the Cutchogue area for the Cutchogue Chamber of Commerce. Four of'the signs will read: Welcome to'CUtchogue,~Chamber of Commerce, Drive Safely. Those on the County highway will have an arrow indicating the-Cutchogue business district. One sign will read: Welcome to New Suffolk, Chamberof Commerces. Drive Safely. All five signs will be white signs with black lettering. In general 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 Ordina~ will be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED Cutchogue Chamber ofCoi~Lerce, Cutchogue, New York, be GRANTED permission to erect and'maintain the following sloss: 1) a sign on the property oK Chester Orlowski, located on the north side Main Road, East Cutchogue, New York; 2) a sign on the property of John Wickham~ located on the north side Middle Road, Cutchogue, New York; 3) a sign on the property ofWilliamJ. Baxter,. Sr.~ located on the south side Main Roa~. Cutchogue, New York; 4) a sign on the property of'William Wickham,. l~cated on the south side Middle Road, Cutchogue,. New York~ 5) a sign on the property of James Dean, south side New Suffolk Avenue,. Cutchogue, New York. This permission is granted subject to the following conditions: 1. All five signs shall be no larger than three feetby four feet (3' x 4') in size. 2. Ail five signs shall be located at least-five feet (5') from any'property line or lot line. 3. Ail five signs shall be located at least three feet (3') above ground level. Southold-Town Board of Appeals .5-- August 24, 1967 4. Ail ~five signs are granted for a period of'one year, renewable annually upon written application to the Board of Appeals. 5. All five signs shall be sub3ect to any subsequent changes in theSout~j01d Town Building ~one Ordinance as it applies to signs. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. HUlse. PUBLIC HEARING: Appeal No. 1135 - 7:50 PiM~'.(E.D.S,T.'), Upon application of George Ahlers, Eugene Road, Cutchogue, New York, a/c George Akscin, Reydon Shores, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307~ for permission to build a new one family residence with insufficient side yard area. Location of property: east side Wells Avenue, Southold~ New York, bounded north by G.H. Wells Est., east byJockey'Creek, south by George McFadden~. west by'Wells Road. Fee paid $5.00. The Chairman opemd 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 CHAIRMAN: The actual distance between thd two para~l side lines of thus lot is 99.6 feet, even though the lot has 1~'0 feetfrontage. Placeing the house in the optimum location as far as the side yard is concerned would require 13% feet side yard on one side and 10 feet on the other side, or 1½ foot reduction in side yard. Something was said in the application about hardship due to the slope of the land. Could'you elaborate on that? GEORGE AHLERS: We could have placed the house closer to the road but they wanted to take advantage of the maximum ~iew of the lot. The lot slopes away to Jockey'Creek and itslopes away to McFadden on the other side. THE'CHAIRMAN: On the side with 13.6 side yard? GEORGE AHELRS:~ Right. Southold T~nBoard of Appeals -6- Augus~ 24, 1967 THE CHA~RI~AN: ARe there houses on the adjoining properties? GEORGE APtLERS: No. The nearesthome is two lots away. THE CHAiRMAN: How many vacant lots in this area? HOWARD TERRY~ Buikling InSpector: There are two vacant lots on each side of~is lot. GEORGE AHI~S: One is ownedby the Wells EState and the other side is owned by McFadden. HOWARD TERRY: On the north side is the Wells Estate. MR. BERGEN: ARE All the lots like this one? HOWARD TERRY: He has one on the angle on the S turn there. THE CHAIRMAN: Who laid this property out? HOWARD TERRY: Otto Van Tuyl. THE CHAIRMAN: When was it-laid out? HOWARD TERRY: About 1920. T~E CHAIRMAN: How are the other houses on this side turn? GEORGE AHAERS: '~hey are crowding the lot line on the side yard. HOWARD TERRY: Most of the lots are fan shape~6ntil you get around the S turn and then they ~quare out. MR. BERGEN: This is not a very well planned subdiv~ion. HOWARD TERRY: They buil~ the road around the edge of the farm land. THE CHAIRMAN: The reason we didn't come right out a~d give you a definite no when you were in.here was because I wanted to talk to Town Council about this. I wanted to get his opinion of w~ether this would stand upif it was granted. I don't think it would. I think the reasoning would be dubious grounds for granting it. It is a self-imposed hardship for one to buy~a lot like this. Supposing it had been 120~eet on the road. This justhappens to be within our border line. Southold Town Board of Appeals -7- AugUst 24, 1967 GEORGE AHLERS: The plot plan does not tell the actual width of that lot. I thought it had 110 foot frontage and that was w~at I was-~oing on. ~ called Van Tuyl up just to make sure and John Sherwood said it was 99.6 feet and then I knew we were in trouble because we thought we had plenty of room when we selected this house. THE CHAIRMAN: This lotis 99.6 feet. What you are asking for is a house that does not even fit on a 100 footlot. HOWARD TERRY: It would fit on a 110 foot lot. THE CHAIRMAN: If' had something to do with the way the house is angled. MR. HULSE: Can you get a little extra land on this side~ GEORGE AHLERS: I don't know. This had been a thought but Mr. Wells is getting on in years and it might be difficult~ THE CHAIRMAN: Are mostcf the houses placed close to the road? GEORBE AHELRS: They set-at all different angles. HOHARD TERRY: They located the houses to take advantageous of the water view. GEORGE AFTERS: Actually What theyhad wanted to~o is set the house in this direction and we started to lay it out like this. I couldn't' figure out why we only got'eight or nine feet left. This is whatprompted us to contact Van Tuyl. TRE CHAIRMAN: Actu~ly this could be cut off a l~ttle bit. GEORGE ABLERS: It could be done. MR. HULSE: How large is the garage? GEORGE ~S: ~wenty three feet. THE CHAIRMAN: I think we are licked as far as the house is concerned. The house is too large for 100 footlot, so it wouldn't fit on a 99.6 foot lot. Southold Town Board of Appeals -8- August 24, 1967 GEORGE AHI~RS: It was a mistake. We were assuming that we had ~0 foot lot. THE CPL~IRMAN: I think: this can be easily solved. How big is this projection on this side of the~house? GEORGE APILERS: Four feet. MR. HULSE: You can take a few feet off? GEORGE AHLERS: Yes we can do it. If this was laid out before zoning can't youreduce the side yard? HOWARD TERRY: If the area is insufficient-itcan be reduced/ THE CHAIRMAN: The house is a little too, large for the lot. Are there any other questions concerning~this application? (There was nq~esponse. ) After investigation andinspection the Board f~nds that the applic~t requests permission to erect a one family dwelling with insufficient side yard area. The applicant requests a reduction in side yard of ~/foot six inches, The. lot in question has 110 foot frontage on the road, however where the house is to be located the lot is 99.6 feet. The Board finds there is no unique or unusual hardship involved in this application. The Board finds that the proposed house overall is 76 feet ~n width and would not fit on a 100 foot lot. The Board finds that strict application ofthe Ordinance would not produce practical difficulties or'unnecessary hardship; the hardship created is not unique and would be shared ~ylall 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. Gillispie~ it was RESOLVED GeorgeAhlers~ Cutchogue, New York~ ~d George Akscin~ Reydon Shores, Southold, New York, be DEN?RD permission to erect'a new one family residence with insufficient side yard area on property located om the east side Wells Avenue~ Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Hulse. Southold Town Board of Appeals -9- August 24, 1967 In response to a letter received from the~Cutchogue Fire Department, On motion by bit. Hulse, seconded by Mr. Bergen,, it was RESOLVED that the Cutchogue Fire Department be granted permission to display-posters in the Town of Southold advertising their annual "bar-b-que"&t' These posters will be displayed fro m August 8, 1967 to August-26, 1967. These posters shall be removed promptly after the event. It is believed this is int the public interest. It is the opinion of the Board that a temporary sign, four feet by six feet, could be placed on the CutchogueVillage Green~ providing the property owner approves. Said sign shall be set a~ least five feet from any'property line. Ir'is specificallyforbidden to place these posters on utilitypo~ea or private property, without permission. Vote of the Board: Ayes~Mr. Gillispie, Mr. Bergen, Mr. Hulse. The Board ofAppeals t~ok. up the matter of Appeal No. 1132~ Upon application of Ruth Ann Brown~ Southold, New York, a/c Ragna Bie, Private Road, Horton Point, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article' X, Section iO00A, for permission to divide propertywith undersized waterfront-lots and for approval of access in accordance with the State of New York Town Law~ section 280A. Location of property: north side private road, Horton Point, Southold, New York~bounded north by Long Island Sound, east by Vi~x~ent"Sardi, Sr., south by right of way, west by W.~. Miller. On motion by'Mr. Gillispie, seconded.by Hulse,. it was RESOLVED that the Board of Appeals approves the vehicular access on the easterly and westerly'border providing access from the main common right ofway .to lot one and lot two, subject to the final approval of the Southold Town Building Inspector. However, the Board'findsthat it will be against ~the public interest of the Town of Southold to create two new 57 foot lots as proposed, designated as lot 3a and 4a, because or'the improper size and the possibility of increased density, and because the Board is not empower to create more than four lots from a single piece, of property, this being a function of the Planning -10- $outhold Town Board of Appeals August 24, 1967 Board. Provisions for beach rights should be made between parties in the deeds. The Board does not specifically approve a pedestrian right of way from lots ~hree and four ove~~ lots one and two to the beach. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr.. Hulse. On motion by Mr. Gillispie, seconded by Mr. Bergen, itwas RESOLVED that/abe minutes of~he~Southold Town Board of Appeals dated August 10, 1967, be approved as submitted. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. The next regular meeting of the Southold Town Board of Appeals will be held at 7:.30 P.'M.', Thursday, September 14, 1967.~ at the Town Office~ Main Road, Southold, New York. The meeting was adjourned at Respectfully submitted,