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HomeMy WebLinkAboutZBA-09/14/1967Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-~660 APPEAL BOARD MEMBERS Robert W. Giilispie, Jr., Chairman Robert Bergen Charles gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOT.D T~WN'BOARD OF APPEALS September 14,1967 A regular meeting of the Southold Town Board of:Appeals was held at 7:30 P.M., Thursday, September 14,1967, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert'Bergen, Fred Hulse, Jr. Charles Grigonis was presentlatez~in the meeting. Absent: Mr, Serge Doyen, Jr. PUBLIC P~.~RING: Appeal No. 1t36~- 7:30 P.M.~(E.D.S.'T~')~ Upon application of JosePh Krukowski, Main Road, SoUthold, New york, for'a special exception in accordance with the'Zoning Ordinance Article III, Section 300, Subsection 10, for permission to erect a wall sign on a barn. Location-of property: south sideMain Road, Southold, New York, bounded north byMain Road, east'by Beixedon Estates Subdivision, south by'Beixedon Estates Subdivision, west by J.T. Overton. Fee paid $5.00. Southold Town Board of Appeals -2- September 14, 1967 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. THE C~: Is there anyone present who wishes to speak in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) THE CHAIRMAN: I will say for the record there was one large sign on the barn and the proposed four feet by six feet sign for which this application is made will be limited to that size. This sign is in the public interest in directing the travelling public to an amusement area, a fishing station. This should greatly improve the sign situation at that particular point. After investigation and inspection the Board' finds that the appellant ms quests permission to erect a directiohal sign on the side of his barn. This sign will be a directional sign to be used by Arrow Fishing Station. The Board deems this sign in the interest of the travelling public in that it directs people to an amusement area. 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 notbe permanently or substantially injured and the spirit of the Ordinance,will be observed. On metion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that Joseph Kurkowski, Main' Road, Southold, New York, be granted pezmission to erect a wall sign, directional sign for the Arrow Fishing'Station, on the south side Main Road, Southold, New York. This: permission is-subject to the following conidtinns: 1. This sign shall be granted for one (1) year only, renewab~ annually upon written application to the Board of Appeals. $outhold Town Board of Appeals -3- September 14, 1967 2. This sign shall be subject to all subsequent changes in the Southold Town Budding Zone Ordinance as it applies to signs. 3. This sign shall beno larger than four (4) feet by six (6) feet, or twenty-four (24) square feet. 4. This sign shall be used by the Arrow Fishing Station Only. When the tenant of the sign is changed a new application must be made to the Southold Town Board of Appeals. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal'No. 1137 - 7:45 P.MJ(E.D.S.T.)i, Upon application of Nelson Axien, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article III~ Section 307, Article X, Section 1000A, for permission to set off a lot with insufficient road frontage and to set off a lot with.insufficient side yard. Location of property: east side Private Road at Bayview ~ Southold, NewYork, bounded north by Mc Carthy, east Reydon Shores Subdivision~ south by Hamre, west by Private Road. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, the legal notice of the hearing, the affidavit attesting to its publication in the official newspaper, and the notice to the applicant. TPIE CHAIRMAN: Is there anyone present.who wishes to speak in favor of this application? MR. NELSON AXIEN: This is the map of~e entire parcel of property of which this is .a part. MR. HULBE: This is Paradise Shores? M~ NELSON AXIEN: ~(Pointing to map~ Yes. This is the roadwayatNorth Bayview Road. This ,r~ad comes in at this point here. THE CHA/_RMAN: The lot-we are talking about is located next to McCarthy's? MR. NELSON ~%XIEN: Yes. This is the 290 feet that'I have left. S~u~thold Town Board of Appeals -4- September 14, 1967 THE CHAIRMAN: At one time did McCarthy take about 10 feet from ~our property2 NELSON AXIRN: Yes. That was about 17 years ago. I have owned this property for 20 years. I have contracted to sell this with a t0 foot side yard if the Board so determines. THE' CHAIRMAN: He is required to'have side yards of 10 feet and 15 feet. If we grant th$~ we would certainly want the l0 feet on 10 feet on the northerly side and 15 feet on the southe=lyside. You have contracted to sell this property to who? NELSON AXIEN: Mr. Clark THE~CHAIRMAN: Is thereanything further'un this application? (There was no response. ) THE CHAIRFa%N.: Is there anyone present~ who wishes to spe ak again st this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to set-off a lot with insufficient road frontage and toset off a lot with insufficient side yard. The Board finds that the total area of the lot in question is 12,240 square feet. This is just under the-minimum required by the Zoning Ordinance, which is 12,500 square feet. ~he Board finds that the proposed division of the property is the best possible division of the property in view of the fact there is an existing house on the adjoining southerly lot. In general, the Board is in agreement with the reasoning o~ the applicant. The Board'finds thatstrict application of the Ordinance will produce practical ~ifficulties or unnecessary hardship; thehardship 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 spiritof~e Ordinance and will not change the character of the district. On motion by Mr. Gillispie, second by Mr. Bergen, it was RESOLVED that Nelson Axien, Peconic, New York, be GRANTED Southold Town Board or'Appeals -5- September 14~ 1967 permission to set off a lot with insufficient~road frontage and to set off a lot with insufficient 'side yard for~an existing dwelling, on property located on the east side private Road, atBayview, Southold, New York, and as shown on the map by Otto W. Tan Tuyl & Son, Map datedAugust'25, 1967. Any structure erected on the lot with 90.94 foot frontage shall be located at least fiftee~ (15) feet from the southerly property line and atleast-ten ~(10) feet from the northerly property line. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse. Mrs. Ragna Bie, and her son, Mr. John Bie appeared before the Board on an informal discussion of appeal number 1132, which was made by Mrs. Ragna Bie. Firs. Bie explainedthe reason she was not present at the~hearing was because she did not receive the notice ofhearing until after the meeting, due-to an improper address. The Chairman explaines what took place at the public hearing; the reasons the beach lots were not permitted; and read t~e action of the Board on the case in question. On motion by Mr. Gillispie, seconded by'Mr.. Bergen, itwas RESOLVED that the Southold Town Board of Appeals set 7:30 P.M.,(E.D,S~T.), Thursday, September 28, 1967, at the~ Town' Offic$ Main Road, Southold, New York, as time and place of hearing upon application of Richard Menzer, 30-70 50th-.Street~ Woodside, New York, for recognition of access in accordance with the'State of New York'TownLaw, Section 280A. Location of property: west side Ri~htof way, west side North Bayview Road,-Southold, New York, bounded north by Nelson, east by right of way, south by McDavid; west by Goose Bay'Est. Sub. Vote of the Board: Ayes: ALL Southold Town Board of Appeals -6- September 14, 1967 On motion by Far. Hulse,' seconded by bit. Bergen, it was RESOLVED that the Southold Town Board cf Appeals set 7:40 P.M.(E~D.S.T.), Thursday, September 28,-1967, at the Town Office, MainRoad, Southold, New York, as the time andpiace of hearingupon application of Edna A. Brown, Main Road, East .Marion, New York, a/c Helen Hilder.garde Hawkins, 2807 Sprangler Lane, Bowie, Md., fora variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to divide premises with insufficient frontage and area in either lot. Location of property: south side Main Road East Marion, New York, bounded north by-Main~Road, eastby Arthur Limouze Est., south by Bay, west-by Michel Monz. Vote of the Board: Ayes:- On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T..), Thursday, September 28, 1967, as the time'and place of hearing upon application of Robert S. Pascale, Rabbit Lane, East'Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section t000A, for permission to divide property andconstruct two dwellings with insufficient frontage and area. Location of property: Rabbit~Lane off east side Bay Avenuet EastMarion, New York, bounded north by Rabbit'Lane, east by U.M.' Gray, south by Gardiners Bay, west by W. Reichart. Vote of the.Board: Ayes:- ALL On motinn by Mr. Gillispie, seconded by Mr. Bergen, itwas RESOLVED that the minutes of the'Southold Town Board of Appeals dated August 24, 1967 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse. The meeting was adjourned at 8:50 P.M. AP_PROVED Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town Board of Appeals