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HomeMy WebLinkAboutZBA-10/11/1967Southolcl Town Board ppeals SOUTHOLD, L. I., N. Telephone SO 5-2660 APPEAL E~OARD MEMBERS Robert "~. Gil[ispi¢, Jr., Chairman Robert Bergen Charles Gregonis, Jr. Sers¢ Doyen, Jr. Fred Hu.be, Jr. A regular meeting of'~he' Southo~d Town Board of Appeals was held at 7:30 P.M.', Wednesday~ October 11~1967, at the Town Office, Main Road, Southold~ New York. There were present:~ Messrs: Robert-W. Gillispie,Jr.~ Chairman; Fred Hulse~ Jr.a Serge Doyen,-Jr. Absent: Messrs: Robert Bergen; Fred Hulse~ Jr. PUBLIC HEARINO: Appeal No. 1141- 7:30P.M.'.(E.D~S~TJ) Upon application of George Bauer, Southold, New York, a/c Herman Poerschke, North Road~ Arshamomaque~ New York, for a va~nce in accordance with the Zoning Ordinance, Article III~ Section 300~ Subsection 6, for permission to locate a private detached garage in the front yard area. Location of property: north side North Read, Arshamomaque, New York, lotnumber 17, in Subdivision of Young & Goo~_ale, Bounded north byLeng Island Sound, east by land now er formerly of Cunningham, south by North Road, west by.land now or formerly °f Nissenfeld- Fee paid $5.00. Southold ToWn Board of Appeals -2- October 11, 1967 The Chairman opened 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: Is there anyone present who wishes to speak in favor of this application? MRS. POERSCHKE: I do. THE CHAIRMAN: There are a number of houses doWn there with detached garages in the front yard area. MRS. POERSCKHE: All of the lots are somewhatnarrow and at that point deep. THE CHAIRMAN: Some of the garages to the east'a~ much closer tothe road than you propose to put this garage. MRS. POERSCPLKE: Yes, some of the lots are not quite as deep as you go down the line. THE CHAIRMAi~: You would be backing the car out of the garage on your own property. MRS. POERSCHKE: Yes. THE CHAIRMAN: Is there anyone else present who wishes to speak in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone present who w~hes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to locate a private detached garage in the front yard area. The applicant owns waterfront property. The Board points out that this is a situation that frequentlyoccurs in many areas where there is waterfront property. The proposed garage will be setback from the road at least 200 feet, thus eliminating any traffic hazard of the applicant backing out onto a public highway. Southold Town Board of Appeals -3- October 11, 1967 The Board'finds that strict application of the Ordinance will produce practical d~fficulties orunnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity oft his property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the Character of th e district. On motion by Mr. Gitl~spie, seconded by Mr. Hulse, it-was ~ESOLVED George Bauer, Southold, New York, a/c Herman Poerschke, North Road, Arshamomaque, New York, be granted PERMission to located a private detached garage in the front yard area on property located on the north side North Road, Arshamomaque~ New York, lot n~m%er 17 in the Subdivision of Young & Goodale. This permission is subject to the following conditions: 1. The garage shall be located at least 200 feet from the front property line . (North Road.) 2. The garage shall be located at least five feet from any other property line. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse~ ~r. Doyen. PUBLIC HEARING: Appeal No. 1142 - 7:45 Upon application of Gunter Morche~l, Marratooka Road, Mattituck, New York, for a variance in accordance ~ith the Zoning Ordinance, Article IV, Section 404, for permission to construct a business building With insufficient setback from-Sigsbee Road. Location of property: Old MainRoad and Sigsbee Road~ Laurel~ New York, lot number 102 in Mattituck Park Properties Subdivision. Fee paid $5.00. The Chairman openedthe hearing by reading the application for a variance~ legal notice of hearing, affidavit attesting to its publication in the official newspaper, an~otice applicant. Southold Town Board of ~ppeals -~- October 11, 1967 THE CHAIRMAN: You are locating this building one foot from the propertyline~ Mr. Morchel? MR. MORCHEL: I could go right up to the property line but I am going to leave a little bit. MR.' DOYEN: Is there a lot next to this? MR. HULSE: The bowling alley is next to ~uis. MR. MORC~.: The~e is another lotbetween my lot and the bowling alley. THE CHAIRMAN: Is there anyone present to speak.for this application? 'What is your problem? MR~ MORCHEL: I need to build the building wider. If I have to stay 25 feet from Sigsbee Road that will only give me 21 feet for the building and that is not wide enough. THE CHAIRMAN: What do you manufacture? MR. MORCHEL: I make ducts and roofing. THE CHAIRMAN: Do you do anything for air conditioning. MR. MORCHEL: I so some. I do mostly duct work. THE CHAIRMAN: What is the average lenght of the metal. MR. MORCHEL: Some are eight feet, some are 12 feet. Most she~s are eight feet, but some~e twelve feet, THE CHAIRMA~I: Are they galvanized sheets? MR. MORCHEL: They are mostlygalvanized sheets. Some are copper. A building only 21 feet wide is very small and you have to have room to turn the sheets around~ and have the work benches. MR. HULSE: How big do you want the building? MR. MORCHEL: Twenty si~ feet by sixty-five feet. MR. HULSE: How far is the building located from the rear line? Southold Town Board of Appeals -5- October 11, 1967 MR. MORCHEL: The property is 163 feet deep. THE CHAIRMAN: There will be about a78 foot rear yard. What are you going to use the side yard for, parking? MRS' MORCHEL: Iccould use it for parking. THE CHAIRMAN: HS~ fatback is the bowling alley from the road? MR. MORCHEL: About 25 feet. MRj HULSE: This is the property line, but the Main Road comes in here, so you are quite a distance from the Main Road. It is about 40 feet from the property line to the Main Road, so you are not going to block vision from this corner. THE CHAIRMAN: It probably would be better to keep the parking in the rear. MR.- MORCHEL: Right now, when they bowl they are parking in the front. I could park on the side. THE CHAIRMAN: Is there anyone present that w~heS to speak aginst this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect a new business building with insufficient s~tback from Sigsbee Road. The Board finds that the lot in question had been held in single and separate ownership prior to the enactment of the Zoning Ordk~ce, and it is not feasible to enlarge it, The Board does not foresee any traffic hazard at this corner in view of the ~act-Sigsbee Road enters the OldMain Road before meeting the new highway. The Board finds that strict application of the Ordinance will produce practical difficulties or unneeessaryhardship; 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 thecharacter of the district. Southold Town Board or,Appeals -6- October 11~ 1967 On motion by'Mr. Gillispie, seconded by Mr. Doyen, it-was RESOLVED that Gunter Morchel, Mmrratooka Road, Mattituck, New York, be GRAN~permission to constructa business building with insufficient setback from Sigsbee Road,' as applied for. Location of property: Old~Iain Road and Sisgbee Road, Laurel, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse, Mr. Doyen. On motion by Mra Gillispie, seconded by Mr. Hulse, it-was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M.~(E.D.'S.T.), 9~jursday, October 26, 1967, at the Town Office, Main Road, southold, New York, as the time and place of~hearing for a REHEARING on Appeal No. 1140, upon application of Robert S. Pascale, Rabbit'Lane, East Marion, New York, for a variancd in accordance with the Zoning Ordinance, Article III, Section 303, A~cicle X, Section 1000A, for'permission to divide property.with insufficient frontage. Location of property: north side Rabbit Lane, EastMarion~ N~w York, bounded north by Marion 'Lake, east by Crowley, south by Rabbit'Lane, west by Jack Schimatz. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse, Mr, Doyen. PUBLIC HEARING: Appeal No. 1143 - 8:00 P.M%-~.'D%"S.T.'), Upon application of Norman Reily, Mattituck, New York, a/c the residents of "Shore Acres", Mattituck, New York, forla special ex ception in accordance with the'Zoning Ordinance~ Article III~-Section 300, Subsection 10, for permission to erect and maintain an identification sign on the property of Agnes D. McGunnigle. Locationof proper~y~ north east side Bayview Road and Mill Road, Mattituck, New York, bounded north by M. Chudiak, eastby ShoreAcres, south by Bayview Road, west by Mill Road. 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. $outhold Town Board of Appeals -7- October 11, 1967 THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? the place. Both of us do. I am Norman Reily and this is since the Town removed the sign we have had one month ago Mr. Unlemann passed away and the for him for about an hour. They couldn't find Howard could ~erify %hat. THE CHAIRMAI~: It is easy for one to get lost in there. NORMAL REIL¥: Whether that had anything to do with the passing of the gentlemen I don't know. Lately the parcel post has been coming in about nine o~.ten oSlock because they can't find the area. THE CHAIRMAN: You~don't need anything more on the sign than Shore Acres. NORMAN REIL¥: That is all we need. It's been there since we were kids. It just seems the problem is getting worse every- day. THE CHAIRMAN: How big of a sign do you ~eed? NOR/~%N REILY: The Town has one, the one we had, it's about one foot long and sits on T-shape post. The situation is just getting worse everyday. GEORGE OLSEN: I had some people coming over t~ my house for some business. They live on Peconic Bay Blvd. They came all the way o~er there and then wmmt back home and called me because they couldn't find the place. They passed Hideaway Estates and ended up at~Naugles Dock. THE CHAIRMAN: There are alot of places with the same ~roblem. 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 erect'an area identification sign for'Shore Acres at Mattituck, on the property of Agmes D. McGunnigle. Said property owner has given written permission for the erection of a sign on her property. The Board finds that this type of sign is essential to the residents of Shore Acres for the proper-~ direction for all delivery men, emergency vehicles and visitors to the residents in Shore Acres. Southold Town Board of Appeals -8- October 11, 1967 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. ON motion by Mr. Hulse, seconded by Mr. Gillispie, 'it was RESOLVED Norman Reily, Mattituck, New York, a/c the residents of Shore Acres, Mattituck, New York, be granted permission to erect a~d maintain an area identification sign on the property of Agnes D. McGunnigle, located on the north east side Bayvi~w Road and Mill Road,~ Mattituck, New York. This permission is subject to the following conditions: 1. The sign shall be granted for a period of one year, renewable annually upon written application to theBoard of Appeals. 2. The sign shall be subject to all subsequent Changes in the Southold Town Building Zone Ordinance as it applies to signs. 3. The sign shall be located at least five feet (5') from any property line. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse, Mr. Doyen. PUBLIC ~R.~RING: Appeal No. 1144 - 8:15 P.~j~(~.D.'S%-T.), Upon application of Anna S. EdWards, Hedge Street, Fishers Island~ New Yor~, for a variance in accordance with the ZoningOrdirance, Article III, Section 300, Subsection 6, for permission to locate a private detached garage in the fron~ yard area; and for recognition of access in accordance with the State of New York Town Law, Sec- tion 280A. Location of property: private right of way, Fishers Island, New York, bounded north by-West~Harbor, east by'Hurlburt, south by Private right of way, west by'Burr. Fee paid $5.00. The Cha/rman opened the hearing by reading the application for a variance and recognition of access, legal notice of'hearing, affidavit attesting to its publication in-the official newspaper and notic~ to the applicant. Southold Town Board of Appeals -9- October Il, 1967 THE CHAIRMAN: Is there anyone prese~h Who wishes to speak for this application? MR. DOYEN: There is no house there now. This is the access so they can get a building permit, and the variance is so they can put the garage in the front yard area. They want to put the house on the waterfront. MRj PFOLSE: That is a pretty high bluff there, from what have heard. MR.~ DOYEN: Yes, it is. Down here they can look down into the harbor and over to Connecticut. If they put the house closer to the road the view would be chopped off. THE CHAIRMAN: How fatback is the garage? MR. DOYEN: About 30 feet. THE CHAIRMAN: Are there other houses with the garages in the front yard area in this particular area? MR. DOYEN: Yes. THE CHAIRMAN: I think they could put the garage back 35 feet. MR. DOYEN: They are backing out onto a dead end street. THE CHA~: 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 construct'a private detached garage in the front yard area; also request is approval of access. The Board finds ~that the applicant is the owner of waterfront property. The Board points out there are many areas inthe Town of Southold, where there is waterfront property, the garages are located in the front yard area. The Board finds that the applicant will be backing out of the garage'onto a dead- end street. The Board does not consider this a major traffic hazard. As to the approval of access, the Board finds that the access road can be made passable to all emergency vehicles, and will be a width of at least 15 feet. Southold Town Board of Appeals -10- October 11, 1967 The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is~ique 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. Doyen, seconded by'Mr. Gillispie, it~ was RESOLVED Anna S. Edwards, Hedge Street, Fishers Island, New York, be granted permis~o n to loca~e a private detached garage in the front yard area; and be granted recognition of access on property located on the Private Right or'Way, Fishers Island, New York. This permission is granted subject tore following conM~tinns: 1. The proposed private detached garage shall be located at least 35 feet from the front (road) property line. 2. The access road shall be subject to the final approval fof the Southold Town Building Inspector. Vote of the Board: Ayes:- Mr. Gillispiea Mr. Hulse~ Mr, Doyen. On motion by Mr. Gillispie~. seconded by Mr. Hulse, it was RESOLV~N~ that the minutes of the $outhold Toan Board of Appeala~ dated September 28, 1967~ be approved'as submitted. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Hulse, Mr. Doyen. On motion by Mr. Gillispie~ seconded by Mr. Hulse, it.was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M.(E.'D.S.T~), Thursday~ October 26, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of~hearing upon application of Robert Hyatt, Southld, New York, a/cWilliam Wurtz, Horton Point Southold, New York~ for a var~nce in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to build and accessory building in the front yard area. Location~of prpperty: ~ north side' Private Road (Hyatt Road), Southold, New York, bounded north by L.I. Sound, east by C. Ocane, south by Right of way, west byW. L. Mandel. VOTE OF~THEBQARD~AYES:~ -~- Southold Town Boardof Appeals -ll- October 11, 1967 On motion by M_r. Giliispei,. seconded by Mr..Hulse, it was RESOLVED that the $outhold Town Boardof-Appeals set 8:00 PiM.'i(E~'DjS.'T~')', Thursday, October 26, 1967, at the Town Office, Main Road~ Southold, New York~ as the time and place of'hearing upon applicationof FredAdler, 18Lion'Lae, Westburya New York, for a variance in accordance with the~Zoning Ordinance~ Article III, Section 303, Article'X, Section 1000A, for permission to divide property with insufficient frontage. Location of property: north east side'Lake Side Drive, lots numbered 77 and 78 in Cedar Beach Park Subdivision. Southold, New York, Vote of the Board~Ayes:- ALL On motion by Mr. Gillispie, seconded by Mr.. D~yen, it was RESOLVED that the Southold Town Board of Appeals set8:15 P.M.(E,DjS.'T.), Thursday, October 26, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of'hearing upon application of Joseph J.-Decker~ Nassau Point'Road, Cutchogue, New York~ for~a variance in accordance withthe Zoning Ordinance, Article III, Section 307, for permission to constructa dwelling with insufficient side yard. Location of property: west side Wunn'eweta Road, Nasaau Point, Cutchogue~ New Yorka lot number 299 in "Amended MapA of Nassau Point." Vote of the Board: Ayes:-ALL On motion by Mr. Doyen~ seconded by Mr. Hulse, it was RESOLV~N~ that the Southold To%n Board of Appeals set 8:30 p.~i~jD.~S.T.),i Thursday, October 26, 1967, at the Town Office, Main Road, Southold~ New York, as thetime and place of hearing upon application of MarianCotumbus Club~ Inc., Deport~Lane, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article 'III, Section 300~ Subsection 5 for~permission to erect a fraternal clubhouse. Location of property: east side'Depot-Lane, Cutchogue, New York,~bounded north by Halecki~ east by Zeneski~ south b~Bialecki, west by Depot~Lane. Vote of the Board: Ayes:-ALL Southold Town Board of-Appeals -12- October 11~ 1967 On motion by'Mr. Hulse, seconded by Mr. Gillispie, it~as RESOLVR~ that the S~uthold Town Boardof Appeals set 8:45 P~'M,-.~(E.D~SjT.)', Thursday, October 26, 1967, at'the TownOffice, Main Road~ Southold, New York~ as the time and place ofhearing upon application of Robert-Waddington, Jr., Fishers Island, New York~ a/c Bradford Burnham, Fishers Island~ New~York~ for recognition of access in accordance with the State of New' Yo~ Town, Law, Section'280A. Location of property; North side Private Road;' Pennisula, FiShers Island, New York, bounded~or'th by Burr, east by Right of way-Burr, south by Burr~ westby-West Harbor. Vote of the Board: Ayes:- ALL The Board took up the matter of Appeal No. 1139, Upon application of Edna A. Brown, Main Road, East~Marion, New York~ a/c Helen Hildergarde Hawkins, 2807Spangler'Lane~ Bowie, Md.~ for a 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 ineither lot. Location of property: south side Main Road~ east~Marion, New,York, bounded north by MainRoad, east-byArthur~Limouze Est., south byBay, west by Michele Monz. After investigation and inspection the Board finds-that the applicant requests permission to divideproperty with insufficientfrontage and area. Th~Board approves this appli- cation as applied for and divides the property approximately ine one-half by means of a line starting from a point on the south side Main Road [Route 25) which is 37 feet easterly of the monument on the northwest, corner of the subject property on the south side-of the Main R~; thence running in a southerly direction through a point located 60 feet easterly'of the south- west monument, and at right angle to the southwestmonument-.o~ the west line, as shown on the map by'Otto W% Van'?~uyl &-Son, map dated June 30, 196~, and extendingto the ordinary high- water mark~ The findings of the Board are this division of prgperty will not change the character of this area, and that no new construction is contemplated. The area will remain the same after the division as it was before the division of the property. · he supply of fresh water is adequate on this property. The entire area being divided is approximately 5% less than the minimum required under the Zoning~Or~inance. The Board finds that $outhold Town Board cf Appeals -13- October 11.~ 1967 effortswere made to increase the area available for division without success. A condition of granting this variance is that no additions shall be made to any of the buildings on either ofthe lots created without first applying to the Board of-Appeals for permission to obtain a building permit. The Board finds that strict application ofthe Ordinance will produce practical difficulties .or. unnecess~ryhardship; 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 Mr. Hulse,~ it was RESOLVED Edna A. Brown, Main Road, East Marion, New York, a/c Helen Hildergarde Hawkins, 2807 Spangler Lane, Bowie, Md., be GRANTE~ pem~uission to divi~ property with insuffic~mt frontage and area as provided a~setforth above, and subject tothe conditions setforth above. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Hulse~ F~r.. Doyen. The next regular meeting of the $outhold Town Board of Appeals will be held at 7:30 P~-M~, Thursday~ October 26, 1967, at the Town Office, Main Road, Southold, New York. The meeting was adjourned at 9:30 P.M. Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town Board of Appeals