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Home My WebLink AboutZBA-04/21/1966Southold Town Board Appeals SOUTHOLD, L. I., N. Telephone SO 5 2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Gregonis, Jr. Serse Doyen, Jr. Fred Hulse, Jr. M I N U T E S SOUTHOLD TOWN BOARD OF APPEALS April 21,1966 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P~M.~ Thursday, April 21, I966, at theSouthold Town Office, Main Road,. $outhold,' New York. There were present: Messrs: Robert-W. Gillispie, Jr.., Chairman; Robert Bergen, Fred Hulse, Jr. Absent: Messrs: SergeDoyen~ Jr.,-Charles Grigonis, Jr. PUBLIC HEARING: Appeal No. 835 -- 7:30 P~M.~.S.T~), Upon application~of~Plymouth Builders~ Inc., 130:West 42nd Street, New York'City, New YOrk, a/c'Charles Reinfurt~ 10-32 49th Avenue~ Long Island City, New York~ for recognition of access in accordanceWith ~he State of New York Town Law~ Section 280A. Location of property: private right o~ way off the north side of ~anhanset Avenue, Greenport~ New York., bounded north by Josephine Clavin, east ~y~Wm. R. Pell, III, south by Cassano-I. Rock, west by Peter DykovitZo Fee paid $5.00. South01d Town Board of Appeals -2-- April 21.,. 1966 The Chairman opened the hearing by reading the application for approval of access, legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and notice to the appliCant. The Board briefly discussed the application, stanley Corwin~ Esq. presented to the Board a su~ey of the property in question. THE CHAIRMAN: When was this property in question divided. ST~NLEY'CORW!N, ESQ.: In 1955 it was subdivided. HOWARD TERRY~ Building Inspector: These lots have all ben, held in single and separate ownership. THE CHAIRMAN: Howard~ as the Building Inspector~ what is your opinion of this right of way? HOWARD TERRY: If we get the muchneeded rain, it will turn muddy. MR. HULSE: You would have to be able to get a fire-t~uck in there. STANLEY CORWIN., ESQ.: I am sure that these people would not have any objection to any.reasonable restrictions'that.the Board feels they'should put on, THE CHAIRMAiq: Is there anyone present who-wishes to speak in opposition to this application? ~There was no response.) After investigation and inspection the Board finds that the~plicant request appro~ of an access on a private right- of-way off the north side of Manhanset Avenue~ Greenport~ New York. The Board finds that this right-of-way would become muddy in the event of a heavy rain. Therefore, it is the opinion of the Board that bank run should be put on the right--of-way from Manhanset Avenue north to the point where the applicant has access, approximately 249 feet. This right-Of-way should be accessible to ambulences~ fire trucks, and all other 'emergency equipment. SOUthold Town Board of Appeals -3- April 21~ 1966 The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardsh~ip 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 this district, On motion by Mr, Gillispie,. seconded Fir. Bergen~ it was ~RESOLVED that ~ymouth Builders~ Inc,~ a/c Charles Reinfurt, 10-32 49th Avenue~ Long Island.City~ New York, be granted recogni~on of access.on a private right of way lOcated on the north side of M~set Avenue~ Greenport~. New York~ subject to the followingcondition: That this right of waybe approved by Mr, Howard Terry~ Building Inspectorw Town of~Southold. Vote of the ~Board: Ayes:-Mro Gillispie~ Mr, Bergen~ Mr. HuIse, PUBLIC HEARING: Appeal No, 836 - 7:45 P,M, ~(Eo'S. To}i~ Upon application of Thomas Jurzenia, Silvermere Road~ Greenport,~ New Yomk~. for a variance in accordance with the Zoning Ordinances. Article III~, Section~ 307~. for'permission to reduce the side yard ~quiremento Location of.property: south side Silvermere Road, Greenport~ New York~ bounded north by~Silvermere Road, east by Silver Sands Motel, south by' Peconic Bay~. west by land of ~rohne, Fee paid-S5, 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 newspaper, and notice to the applicant, THE',CHAI/{MAN: Is there anyone presentwho wishesto speak for this application? (The~e was no response,) THE CHAIRMAN: Mr, Bergen and I spoke~to Fir. Jurzeniao He said it was impossible forhim to attend the hearing tonight unless it was absolutely necessary~ and we told him it would not be necessary, Southold Town Board of Appeals -4-- April 21~ 1966 THE'CPL%IRMAN: 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 request a reduction in the side' yard requirement. The Board finds that the total area of this lot is 24~000 square feet. This lot is a long narrow lot with less than 100 foot frontage. The reduction in the side yard of 15%, from 10 feet to 8½ feet, is well within the permitted reduction. The Board points out thatthis reduction could have been obtained fromthe building inspector ifthe lot had less than 12~500 square feet~ and a variance would not have been required. The Board points out that the adjoining property of' Frohne~to ~he west has been built on two feet from the propertyfline, ~' The applicant's house will be 8½ feet from the proper~y line. The Board finds thatthis use will notehange the character ofthe district as other houses are built close to the property line. This will be a residential use in a residential district. The Board finds that strict application of the Qrdinance will produce practical difficulties or'unnecessary hardship; 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~dis~rict; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by'Fir. Bergen~ seconded byMr. H~se~,itwas RESOLVED that Thomas Jurzenia~-Silvermere Road~, Gre~nport~ New York~ be granted permission to reduceethe side yardrequirement on propertylocatedon the south side of SilvermereRoad, Greenport New~Ork, Vote of the Board: Ayes:-Mr. Gillispie~ Mr. Bergen~ Fir, Hulse, Southold Town Board of-Appeals -5- April 21~ 1966 In accordance with a letter received from FLr. Martin Suter.~.-Secretary,, Mattituck'Fire Department~ On motion by Mr. Hulse~ seconded by'Mr. Gillispie~ it was RESOLVEDthat the Board of Appeals grant permission to the MattituckFire'Department to place approximately 50 posters~ 15 inches by 30 inches~ on the main~roads and in stores in the Mattituck FireDistrict from June 1~, 1966~ through July 16~ 1966. In the letter requesting permission~ Mr. Surety. Secretary of the Mattituck Fire Department~ agrees to remove these posters immediately after July 16, 1966. It is believed that this is in the public interest. These posters will advertise a bazaar to be held July 13, 14~. 15 and 16~ 1966. It is specifically forbidden to place these posters on utility poles or private property without permission. Vote of the Board: Ayes: -Fir. Gillispie~ Mr.~ Bergen,. Mr. Hulse~ On motion by Mr. Gillispie,. seconded by Mr. Hulse, it was RESOLVED thatthe minutes of the $outhold Town Board of Appeals dated April 7~ 1966, be approved as submitted. Vote of the Board: Ayes:-Mr. Gillis.pie~ Mr. Bergen~ Mr. Hulse. PUBLIC HEARING: Appeal No. 837 - 8:00 PLM2~(E,,S.T.), Upon application of Boatmen's Harbor~ Inc.~. Cutchogue~ New~.¥ork, for a special exception in accordance with the Zoning Ordinance~ Article III~-Section 300, Subsection 10, Article IW~ Section 408, Subsection (a), for permission to erect a directional sign on the property of John Madzelan~ Location of pro~rty: southeast corner of Main Road and PequashAvenue~ Cutchogue~ New York, bounded north by Main Road~ east by'D%-r. Scharadin~ south by RoE.~ Carroza~ west by'Pequash Avenue. Fee paid $5.00. 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. Southold Town Board of Appeals -6- April 21~ 1966 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RICHARDCRON,' ESQ.: I speak for it. Of course you have read the application. I would just affirm everything that is in the application. There was a directional sign there~ the 0nethat~Lister maintained. This is for direction purposes. This is the onlysign they have showing direction to Boatmen~'s Harbor. THE CHAIRMAN: Did we~ this Board~. grant approval for the original sign? HOHARD TERRY: This is an old sign. MR. BERGEN: May I ask a question? T~E CHAIRMAN: Yes. MR. BERGEN: Did the people ask Fir. Fox if they could put the sign on the west side of his property, R~CHARDCRON, ESQ.: I don~t think so. MR. BERGEN: We don~t like people to have signs on'~s front lawn, We realize he needs a sign. RICHARD CRON, ESQ.: Isn't this purposed sign in the same location? MR. BERGEN: The other sign was in the highway, RICHARD CRON., ESQ.: All I know is that there was a sign there, and I thought this was going to, be in the same location. THE CHAIRMAN: This type of an applicationx the Board has not granted, I reca-ll one in East-Mar~on'as you go down toward the Town Beach. Sterling Harbor had permission from the cemetery association to put a sign in the .cemetery~ however we had to deny the application, R~CHARDCRON, ESQ.: What is the basis for your denial? THE'CHAIRMAN: Unsuitable location. (The Chairmanwent on to explain about the signs that the Town purposed to erect.) Southold Town Hoard of Appeals -7- April 21~ 1966 RICHARD CRON~ ESQ~ : To deny thiS application would be a-real hardship. There is no other way to direct people to Boatmen's Harbor. There is no other sign. THE CHAIRMAN: The best place fort his sign would be d~reCtly across TIGe stlreet'to the west. HOWARD TERRY: I spoke to Mr. Fox-nd ask him if he was coming down here tonightw but I guess he isn~'t. He said he would not give permission to anyone to put a sign on his property. RICHARD CRON, ESQ.: Unless this sign is put on the easterly corner of'pequash.Avenue~ it-will be useless. THE CHAIRMAN: What does he have at Boatmen's Harbor? RICHARD CRON, ESQ.: Just slips. MR. BERGEN: Does he have anyparty boats or any fishing boats? RICHARD CRON~ESQ.:~ No. THE CHA/_RMAN: It is against the Board's policy to place a sign on someone's front lawn. RICHARD CRON~, ESQ.': This is a unique situation. If this fellow has any hope of getting new business~ he needs a sign somewhere. I don~t think it is going to destroy this particular area. This sign will be in 'the same proximity of the sign that previouslyexisted. THE CHAIP~4AN: As far as the whole Town isconcerned this could change the character of the district. The Civic Association would object to this. RICH~RDCRON~ESQ.': I wonder if any one would object if the~knew that a sign heretofor existed. THE C~L%IRM3~N: As far as we are .con~erned~ we have granted the location of signs for motels~ restaurants~ and places of amusement~ but no, in locations that are similiar to this one. This is a hilt up area in the center of the town. Southold Town Board of Appeals -8- April 21~ 1966 RICHARD CRON'~ ESQ.': I could think of a similiar Circumstance where a sign was granted. The golf course. THE CHAIRMAN: The golf course in East Marion? RICHARD CRON~ ESQ.': NO~ the golf course in Cutchogue. THE CHAIRMAN: The sign is right after the North Fork County Club. RICHAROCRON%ESQ.: It is on private property. THE'CHAINMAN: That same sign was denied-in the center of Town, RICHARD CRON~ESQ.': It was denied because it was placed onaa right of way. MR. BERGEN: We make a few mistakes, but everytime we try to clear something up it~be~n thrown back'at-us. RICHARD CRON,i ESQ.: I am just citing an instance where it was permitted& (The ch~rman explainedthe circumstances involved in granting the application for the permission for~the sign for the golf course in Cutchogue.) RICHARD CRON, ESQ.: Wouldn't Re be doing a public service by providing directions to a marina. Without this sign the cha~es of anyone finding Boatmen's Harbor, unless 'they have been~there before, is very minute. The only cha~$e they have of getting new business is by a sign. We are asking_ for a sign in the only logical place to put a sign. ~h,e Board and Richard Cron, Esq.,. discussed an alternative location for~this sign in question.) THE CHA~: I think that we will reserve decision on this. I agree ~at this is a difficult situation. Maybe the rest of the Board will outvo~eme~ I don~t know. RICHARD CRON,ESQ.: I can't see any real objection to this. THE CHAIRMAN: Your statement is a matter of~ op~on. RICHARD CRON~ESQ.: The basis for my statement is this is a unique situation. S~uthold Town Board of Appeals -9- April 21, 1966 ~The Chairman advisedRichard Cron, Esqo ofthe conditions the Board or'Appeals must consider in granting a variance or a special exception.) RICHARD CRON~ ESQ.: Where else are we going~to place a sign'? THE CHAIRMAN: Others hate had to ~ind another location. RICPIARD CRON~ ESQ.': In the event we find another location we will have to go through this again if it is on private property. MR. BERGEN: It can be on private property~ but not on someone's front lawn. RICHARD CRON, ESQ.: This is a vacant lot. MR. BERGEN: There is a house on this lot. You couldn't put the house any Closer to the road. THE CHAIRMAN: When did the present owner purchase the property? RECHARDCRON~ ESQ.: In the latter part Of'December. This is the season coming up and he needs a sign. On motion by Mr. Hulse~ seconded by Mr. Bergen, it was RESOLVEDthat the decision of the Board of~Appeals be reserved upon Appsal' No. 837, upon application of B°atmen~s Harbor, Inc.~ Cutchogue~ New York, for'a special excePtiOn in acCordance'with theZoning Ordinance, Article III~ Section 300,-Subsection 10~ Article IV,-Section 408, Subsection (a), for permission to erects.directional sign On the protmrty of John Madzelan. Location of property: southeast corner of Main Road andPequashAvenue~ ~utchogue~ Ne~ York~ bounded north by'M~n Road, east by~D.'R. Carroza, west by Pequash Avenue. Vote of the Board: Ayes:--Mr. Gillispie~ Mr. Bergen, Mr. ~ulse. Southold Town Board of-Appeals -10- April 21, 1966 PUBLIC HEARING: Appeal No. 838 - 8:30 P.'M.~.S.T.)~ Upon application of Rev. John Jefferson~ Middle Road~ Mattituck New York,. for a variance in accordancewith the Zoning Ordinance~ Article III~ Section 303~ Article X~ Section 1000A, for permission to erect a dwelling oninsufficient area. Location of property: north side ~ddle Road® Mattituck~ New York~ bounded north by'W.H.' Wickham Est.~ eaSt by John Jacobs~ south by Middle Road~ west by'Church-Jacobs. Fee p~id $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 newspaper~ and notice to the applicant. The Chairman read the minutes of October 26~ 1961~ Appeal No. 417~ upon appliCation of Rev. John Jefferson~ for permission to divide property. MR. BERGEN: This property has already been divided into two parcels. THE'CHAIRMAN: A condition of granting the variance in 1961 was that the applicantremove the two presently occupied shacks in the rear of his own house~ on the fr'ont lot~ upon~ completion of the proposed new dwelling on the rear lot. Have these buildings been removed? REV. JOHN JEFFERSON: I have removed one~ and the other one is .still there. THE CHAIRMAN: This has ~.be~n almost five years since the granting of the variance. REV. JOHN JEFFERSON= I~ve got to get that other building out of there now. X have to get it out of there by Mondayo THE~CHAIRMAN: The original action of the Board still applies. Unless you can enlarge your lot there is nothing we can do. In other words we would be changing a decision that has already been made, and while that's possible for this Board to do~ in a case like this there would be an overcrowding of land. The Beard of Health now requires one half acre plots for all developments. {The Chairman advised Rev. John Jefferson of the present problems with ~ater supply andhow this relates to density'of population..) $outhold T~wn Board of Appeals -ll- April 21~.1966 THE' CHAIRMAN: Under the present conditions it jus~ isn~tpossible to divide this property again so that you could put three dwellings on it. We divided it once~ so. that you could put two dwellings on it. Would it be possible to obtain more land adjoining your property? REV. JOHN JEFFERSON: The church owns property on one side of. me. THECHAIRMAN:-Does the Church own property all the way back to the woods? REV. JOHN JEFFERSON: Yes. THE CHAIRMAN: If you could purchase 13~000 or 14~000 square feet from the"Church~ then this Board could consider giving you access to that lot. REV.' JOHN JEFFERSON: It would be possible to get about 20 feet from the Church. MR. BERGEN: That wouldn~t be enough property. THECHAIRMAN: You need all the land for a third house. tf you can't buy it from the church, maybe they would consider giving you a long term lease. We would like to help you, but I don~t see how we can. REV.' JOHN JEFFERSON: One question I would like to ask. Would you permit me to remodel the house and move it back further on the lot. THE CHAIRi~AN: You can remodel the house~ but you can't make a two family dwelling out of it. REV. JOHN JEFFERSON: You see the whole problem is that my daughter is in the house with'~r~us~'~now~ and she has five children. It's too much for my wife and I.. We will have to move out or something, THE CHAIRMAN: Is there anything further 'to be said about this application? ~There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? CThere was no response.) Southold TownBoard of Appeals April 21., 1966 After investigation and inspection theBoard finds that the applicant request permission to divide property in orderto erect a third dwelling on the property. The total area of the property in question is approximately 23,205 square feet. To divide this into three parcels would create~three very undersized parcels of land. The Board had previously divided .this same property into two parcels of land on October 26, 1961. It is the opinion of the Boardto further divide this propertyto permit a third dwelling would constitute overcrowding of land. The Board also points out that the Board of Health wo~ld prObablynot approve water supply and cesspools for three dwellings on this property. The Board finds~that strict application of the Ordinance will not produce practical difficulties or.unnecessary hard- ship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and will change the character of this district. On motion by Fir. Hulse~ seconded by Mro Gillispie~ it was RESOLVED that Rev. JOhn Jefferson~ Middle Road~ Mattituck~ New York~ be denied permission to divide property into three separate parcels so that a third dwelling may be erected on property located on the north side of Middle Road~ Mattituck, New York~ bounded northby W.H. Wickham~ Est.~ eastby John Jacobs, south by Middle Road~ west by'Church-Jacobs. Vote of the Board: Ayes:--Mr. Gillispie~ M-r.'Berge~ Mr. Hulse. On motion by Mr, GlllisPie~ seconded by'Mr,Bergen~ it was RESOLVED that the Southold Town Board of Appeals .set 7:30 P.-M.'(E~D.S.T.)~ Thursday~ May 5, 1966~ at the Town Office~ Main Road~ $outhold~ New York~ as the time and place of hearing upon application of Russel Tabor~and$ons, Platt~Road, Orient~ New' York~ for a~special exception in accordance with the Zoning Ordinances- Article X, Section 1003A-~ for permission to renew a farm laborcamp permit granted June 10~ 1965. Location of property: east side Platt Road, Orient, New Yorkw bounded north by W.B. Karcher-Vo'Y.' Latham, east by R.W. Gillispie~ south by G.W. Hallock~ west by Platt Ro~d. $outhold Town Board of Appeals --13- April 21~ 1966 Vote of the Board:~ Ayes:- Mr. Gillispie.~ Mr. Bergen, Mr. Hulse. On motion by M~. Hulse~ secmnded by Mr. Bergen~ it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.'M.~.D.S%T.)~ Thursday, May 5~ 1966~ at the Town Office~ Main-Road~-Southold, New York, as the time and placeof hearing upon~pplication of MiloLCatan,. Southold, New York, for a variance in accordance wi~h the Zoning Ordinance, Article III,. Section 303~ Article X, Section 1000A, forpermission to divide property. Location of property: east side Minneh~uha Blvd.~ Laughing Waters, Southold~ New York, bounded north by Milo Catan, east byH. Aldrich~ south by R. Coningsby~Osseo Avenue, ~est by Minehaha Blvd. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Ber9en~ Mr. Hulseo On motion by Mr. Ber~en~ seconded by Mr. Gillispie, it Eas RESOLVEDthat the Southold Town Board .of Appeals set 8:15 P. M~D.S.-T.~), Thursday~ May 5~ 1966~ at-the Town Office, Main Road,~ Southold~ New York,. as the time and place ofhearing upon application of Gl~dys I.' Phil~ps~ 320 Catskill A~enuew Lindenhurstz New York, for~a variance in accordance with the Zoning Ordinance, Article III,~ Section 304, for permission to reduce the front yard setback. -Location of prope~ty:'east sideColonial Road, Southold, New York, bounded north~byJ'Ed Nidds,~ eastby M.D, Dickerson, south by'A%Hj Germaine~ west by'Colonial Road. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Hulse. On motion by'Mr.· Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P~'M.~E.B~'S.T~)~ Thursday, May 5, 1966~ at the Town Office~ Main Road, Southold~ New York, as the time and placeofhearing upon application of~Albert'Wolfe, a/c Orient by the Sea Marina~ Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III~- Section 300~ subsection for permission to erect a d~rectiOnal sign on the property of Woodhollow Properties, Inc. Location of property: north side Main Road, Orient, New York~ bounded north by Orient by the Sea Subdivision~ east by George Young~ Jr.~ south by the Main ~oad~ west by orient by 'the Sea'Subdi~sion. Southold Town Board of Appea~s -14- April 21~ 1966 Vote of the Board: Ayes:- Fir. Gillispie~ Mr~ Bergen, Mr. Hulse. The next regular meeting oft he Southold Town Board of Appeals will be held at 7:30 P,'Mj~ Thursday,~ May 5,. 1966~. at the Town Office, Main Road~ Southold, New York. The meeting was adjourned at 10:00 PjMj Respectfully submitted, $ Barbara C. Dittmann~ Secretary Southold Town Board of Appeals