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