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HomeMy WebLinkAboutZBA-12/01/1966-~OUTHOLD, L. I., N. Tdcphon~ SO 5 ~60 APPEAL BOARD MEMBERS Robert ~X/. Gillispie, Jr., Chairman Robert E~er~en Charles Gre~onis, Jr. Serse Doyen, Jr. Fred Hulse, Jr. MINU~TE S SOUTHOLD TOWN'BOARD ®F APPEALS December 1, 1966 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P. Mo, Thursday, December 1, 1966, at the Town Qffice, 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, JEo PUBLIC HEARLNG: Appeal No. 992 - 7:30 P.M.~,(E~S.oT-), Upon application of John iHaponic~ a/c Irad Rafuse, Arsh~u~omaque Avenue,-Southold, New York, for a variance in accordance with the Zoning Ordinance, ArticleIII, Section 300,. Subsection 6~ for permission to construct an accessorybuilding 'in the front yard area. Location of property: east side Arshamomaq~eAvenue lo~ number. 11, Beixedon Estates, Southold~ New Yo~k, Fee paid $5.00 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official new~paper, and notice to the applicant. Southold Town Board of Appeals -2- December 1, 1966 The Board and Mr, Haponic briefly discussed the location of .the proposed detached garage. THE CHA~: Is this lot in question larger than S~anley's lot? MR. HAP~XC: Mr. Stanley has two lots. THE CHAXRMAN: Was this house built since the passing of the Zoning Ord/nance ? MR. RAP~XC-. The house was built about five years ago. MR. BERi~R: How deep is the lot? MR. t~P~XC: The lot is 200 feet deep. T~ ~: There is a sharp drop off there of about 10 feet. MR. HAP~XC: This isn't close to the re~d~ MR. BER~EI~: The garage is 60 feet away from ~he road. T~ ~-- Are there any other questio~s? (There was no response. ) THE ~ll~M~N: Is there anyone present who wishes to speak against this applircation? (The~e was no response. ) After investigation and inspection the Board finds that the appellant request perm~sion to erect a two car garage in the front' yard area. The .Board finds that the slope of the lot and the a~le of the house makes it lmpossibl~ to build the proposed g~age in the rear yard. The Board further fin~ that the proposed garage will be setback at least 60 feet frcan ~he front property line. The proposed garage will not change the Character of the district as there are several other garages in the front yard area further down this street on the same side as the_lmroposed garage. Southold T~wn Board of Appeals -3- December 1, 1966 - The Board f~nds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship~ ~he har~p created is unique and would not 'be shared bY all properties al/ke in the ~,ediate vicinity of this property' and in the smme use d~strict= and the variance d~es observe the spirit of the O~dinance and will not change the character of the d~st=~Cto On mot~c~ by Mr. Hulse, seconded by Mr. Bergen, it was ~F~ that John Haponic, a/c Ifad Rafuse, Arshau~maque Avenue," Southold~ New York, be granted permission to build a detached garage in'the ~ront yard area on property lo~ated ~n the east side of Arsham~maque Avenue, Southolde New York, as applied f~r ~n the application to~e Board of Appeals, application dated November 15~. 1966. Vote of the Board: Ayes~ - Mr. Gillispie~ Mr. Bergen* Mr. Hulseo PUBLIC BEALING: Appeal No. 993 - 7:45 P.M.(F~&~.), Upon app1/~ation of WilliamMo Beebe, N~ Suffo~ ~ne, Cuttle, N~ York~ for a s~c~l ~ception in accor~ce w~ ~e Z~ing ~~ ~t~e ~ Section 4~ Subsectl~A~ as ~=ti~ 1002 ~ies~ for ~ission to re~ ~ o~ ~es i~ntification gr~nd s~. ~at~on of pro~rty= east si~ .New Suf~ ~e~. Cu~e~ N~ York~ boun~ed nor~ by--Walter ~re~o~ east by W~ter ~e~o~ sou~by W.M. Bee~ west by N~ Suffo~'~e.. F~ ~d ~5.00. The~ha/xman opened the hear~nq~by reading t/~app1/~ation for a s~ ~eepti~ legal notice of hear~ge affi~vit a~test~g to ~ts ~l~cat~o~ i~ ~e official n~spa~r~ ~ not~ce ~'~e a~ll~ation. THE ~L~.MAN: Is there anyene present who wishes to speak in favor of this application? ~There was no response°) THE C~a~M~N: Is Mr. Beebe present? (There was no response.) Southold Town Board of Appeals -4- December 1, 1966 THE CHAIRMAN: Does anyone know how long this business has existed at this place? BERGEN: I am sure it was prior to the Zoning Ordinance. THE CHAIRMAN: Is there anyone presentwho wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to retain an on premises ground sign with insufficient setback from the property line and insufficient height from ground level. The Board finds that the sign in question is three feet by five feet, presently set three feet back from the property line and eighteen inches above ground level. The Board finds that the applicant is the proprietor of a business which existed prior to the Zoning Ordinance and that to grant the continuance of a ~on-con~orming sign three feet from the property line is a privilege denied to all others in the Town of Southold,~ and accordingly denied to the applicant. The sign may be maintained eighteen inches above ground level. The Board finds that the public convenience and welfare and justicewill be served and the legally established or permitted use of neighborhood property and adjoining use districts wilt not be permanently or substantially injured and the spirit of the Ordinance Will be observed. On motion by Mr. Gillispie~ secnnded by ~ir. Bergen, it was RESOLVED that WilliamM. Beebe, New Suffolk-Lane, Cutc hogue New York, be granted permission to retain an on premises ground sign, three feet by five feet, on property located on the east slide of New Suffolk'Lane, Cutchogue, New York, subject, however to the following conditions: 1. The sign shall be granted for one year only~ renewable annually upon written application to the Board 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 at least eighteen inches (18") above ground level. Southold Town Board of Appeals -5- December 1, 1966 4. The sign shall be located at least five (5) feet from any property line or street line. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse. Mr. Newton Robbins appeared before the board in regard to his directional sign to Capt. Jim's Ro%~boat Station , sign located on the cornerof the Main Road and Third-Street. Mr. Robbins advised the Board that he could not maintain the required five foot setback from the property line. The Board advisedMr. Robbins to make an application for a special exception and the board would consider his request. Mr. Woerstlind of Capt.. Marty's appeared before the Board in regard to the sign located on his building on the, corner of King Street and First'Street. The sign in question is located too close to the road. The Board advised Mr. Woerstlind to make an application for a special exception and the Board would consider his request. In response to a letter fromWilliam H. Wertenberg dated November 30~ 1966, the following letter was written: "William H. Wertenberg Hideaway Estates Matttituck, New York 11952 _"DearMr. Wertenberg: "In response to your letter of November 30, 1966, please be adwised that the Board of Appeals is agreeable to an extension~of time with regard to your identification sign on Miller Road, identify- ing Hideaway Estates. This sign was referred to in special excet~tion appeal number 882, dated June 16, 1966, It is out'understanding that you will be able to clear this matter up by July 1, 1967. "Very sincerely, /s/ Robert W. Gillispie, Chairman, Southold Town Board of Appeals". Southo~d Town Board of Appeals -6- December 1, 1966 The Following letter was written to Richard Cron,.Esq., Main Road, Cutchogue, New York. Dear MI. Cron: On September 15~ 1966, the Board of Appeals granted access to Henry'Case, referred to in Appeal No. 950, subject to the approval of the Building Inspector. The Building Inspector advises us that the road has been properly imporved and is now suitable for use by public vet~cles and it is in good condition. Accordingly,. this letter c6nstitutes our approval of the access as defined in Appeal number 950. Very sincerely, /s/ Robert W. Gillispie, Jrt, Chairman, Southold Town Board of Appeals. On motion by Mr. GilliSpie~ seconded by Mr. Bergen~ it wa~ RESOLVED that the Southold Town Boardc~ Appeals set 7:30 P.M., (E.S.T.), Thursday~ December 15, 1966, at the Town Okfice, Main Road, Southold~ New York, as the time and place of hearing upon application of Stanley'Corwin, Esq., a/c Helmut Hass, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, SectiOn 303, Article X, Section 1000A, for permission to divide property; and for recognition of access in accordanCe with the State of New York Town Law, Section 280A. Location of property: east side private ~oad (Beverly Road), Southold, New York, bounded north by land of Hass and Fiedler, east by Ruch, south byArshamomaque Pond (Mill Creek), west by private Road, (Beverly Road). Vote of the Board: Ayes:-ALL On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Boardof Appeals set 7:40 P.M. (E,S.T.), Thursday, December 15, 1966~ at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of George Wetmore~ a/c Ilie Wacs, and Werner Rosenberg,. Greenport, New York, for a recognition of access in accordance the State of New York Town Law, Section 280A. Location of properS: e~u~ side Lighthouse Road, Southold, New York, bounded north by J.H. Lind, east by Wiegand, south by B. & T. Enter, Inc., west by Lighthouse Road. Vote of the Board: Ayes: ALL Southold Town Board of Appeals -7- December 1, 1966 On.motion by Mr. Bergen, seconded by M_r. Hulse, it was RESOLVED that the Southold Town Board~of Appeals set 7:50 P.M. (E.S.T.), Thursday~ Decmmber 15, 1966, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of A. Reilly & Sons, Inc., Shore Acres~ Mattituck, New York, for a special exception in accordance with the Zoning~Ordin- ance, Article III, Section 300, Subsection 10~ for permission to retain the following signs: 1) sign located on the north side Cox Neck Road and Bergen Avenue, Mattituck, New York, bounded north by John & Rose Koreleski, east by' Cox Neck Road, south by Bergen Avenue, west by Hubbard; 2) sigh located on the no~th side Bayview Drive and Cox Neck Road, Mattituck, New York, bounded north by McGunnigle, east by Shore Acres S~bdivision, south byBayview Drive, west by Mill Road. Vote of the Board: Ayes:-ALL On motion by Mr. Gillispie, seconded by.Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M.'(E.'S.T.)', ThurSday, December 15, 1966~ at the Town Office, MainRoad~ Southold, New York., as the time and place of hearing upon application of Lloyd Dickerson, Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance~ Article IV, Section 408, Subsections ~) and for permission to retain a roof sign and wall sign. Location of property: south side Main Road, Mattituck, New York, lot number east two thirds of two and three in Mattituck' Park~ Properties~ Mattituck, New York. Vote of the Board: Ayes: ALL On motion by Mr. Hul~e~ seconded by Mr. Bergen, it was RESOSVED that the Southold Town Board of Appeals set 8:25 P.M.(E.S.~ ), Thursday, December 15, 1966, at the Town Office, Main Road,~ Southold~ New York, as the time and place of heaziag upon application of Philip W. Abatelli, Main Road, East Cutchogue~ New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 10~ for permission to retain an off premises directional sign on the property o~ AlbinPietrewicz, located on the south sideMiddle Road, Cutchogue, New York, bounded north by Middle Road-Butler, east by Butler-Borawa, south by J. Pietrewicz-Borawa, westby Wickham Estate-Krupski. Vote of the Board: Ayes:- ALL Southold Town Board of Appeals -8- December 1, 1966 On motion by Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED that the Sou1 P.M.(E.S.T.), THursday~ De~ Main ~oad, Southold, New ~ upon application of Harold Mattituck, New York, a/cM~ Mattituck, New York, for a the Zoning Ordinance, Arti4 permission to retain side ~ north side Middle Road, Ma- Mattituck'Creek, east by. Wi west by Maiden Lane. Voteof the Boardi Aye~ On motion by Mr. Berg, RESOLVED that the Sou' P.M. (E.S.T.). Thursday, De, Main Road, Southold, New Y upon application of'Charle Road, Southold, New York, with the Zoning Ordinance, for permission to retain a insufficient setback. Loc Southold, New York, bounde south by B. Schwartz, west Vote of the Board: Ay On motion by Mr. Gill RESOLVED that the Sou ~old Town Board of Appeals set 8:35 ~ember 15, 1966, at the Town Office, ~rk, as the time and place of hearing R. Reeve & Sons, Inc., Main Road, ~ttituck Laundromat, Middle Road, special exception in accordance with :le IV, Section 408, Subsection (b)~ for ~all signs. Location of property: :t~tuck, New York, bounded north by ~ckham Avenue, south by Middle Road, ~n, seconded by Mr. Gillispie~ it was ~old Town Board of Appeals set .8:45 :ember 15, 1966~ at the Town Offic~ )rk, as the time and place of hearing ~ Dougherty d/b/a Teves Realty~ North ~or a special exception in accordance Article IV, Section 408, Subsection Qn premises identification sign with ~tion of property: south side North Road, 1 north by North Road, east by J. Poliwoda,~ by V. Ruch. ~=s:- ALL ispie, seconded by Mr. Hulse, it was hold Town Board of Appeals set 8:55 P.M. (E.S.T.), Thursday, December 15, 1966, at the Town O~ce, Main-Road, Southold, New York~ as the time and place of hearing upon application ofCharles Dougherty, d/b/a Te~es Realty, North Road, Southold, New York, for a special exception in accordance with the Zoning'Ordinance, Article III, Section 300~ SubseCtion 10~ for permission to retain the following off'premises signs: 1) a sign on the property of Muznic Estate, located on the south side Main Road, Cutchogue, New York, bounded north by Main Road, east by Linden Avenue~ south by North Fork'Co., west by W.H, Wickham- Wm. Baxter; 2) a sign on the property of SurozeraHki, located on the south side Main Road, Southold, New York, bounded north by Main Road-Surozenski, east by Hunter-Lehr~ south by L. Howell, west by Mokus; 3) a sign on the property of A.-Zaveski, located on the south side North Road~ Peconic~ New York, bonnded north Southold Town Board of Appeals -9- December 1, 1966 by Middle Road, east by E.G.' Horton-Dist. Line, south by'Long Island Railroad, west by Suffolk'Connty Property; 4) a sign on the property of the applicant, north side North Road, Southold, New Yo~k, bounded north by Long Island Sound, east by CummingS, south by North Road, west by Cummings, Vote of the Board: Ayes:- ALL On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold TOWn Board of Appeals set 9:10 P.M. CE.S~T.), Thursday, December 15~ 1966, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Mattituck Lanes, Main Road, Matt~tuck, NeW York, for a specialexception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection ~ ~), for permission to retain a side wall sign. Location of property: south side Main Road, Mattituck, New York, lot numbers 105 and 104 on Mattituck Park Properties, Mattituck, New YorkJ' Vote of the Board: Ayes:- ALL On motion by Mr. Gillispie~ seconded by Mr. Bergen, i t was RESOLVED that the Southold Town Board of Appeals set 9:25 P.M.(E.S%'T.)', Thursday, December 15, 1966, at the Town Office, Main Road, Southold, New York, as the time and place of hearing · upon application of Richard E. MacNish, Main Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a), for permission toretain a ground sign with insufficient setback and heightfrom ground level. Location of property: northside Main Road, EastCutchogue, New York, boundednorth by B. Tuthill, east by A. Davids, south by Main Road west by R.F. Tuthill. Vote of the Board: Ayes: =ALL On motion by FLr. Hulse, seconded by F~r. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 9:40 P.M.(E,S.T.)', Thursday, Dece~mber 15, 19664 at the Town Office~ Main Road, Southold, New York, as the time and place of hearing upon application of William Sterling, a/c~Sterling Nurseries, Main Roads Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a) for permission to retain more than one ground sign on premises. Location of property: north sJga Main Road, Cutchogue, New York, Southold Town Board of Appeals -10- December 1, 1966 bounded north by R.~ Sterting~ east by G.~.-Billard, south by Main Road, west by B. Pawtuczk. Vote of the Board: Ayes:- AT.t. On motion by Mr. Gillispie~ seconded by Mr/ Hulse~ it was RESOLVED that the minutes of the Southold Town Board of Appeals dated November 17, 1966, be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergent Mr. Hulse. The next regular meeting of the Southold Town Board of Appeals will be held at 7:30 PM (E.S.T.), Thursday, December 15, 1966, 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