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HomeMy WebLinkAboutZBA-02/10/1966 S°uthold Town Board Appeals SOUTHOLD, L. J., N. T¢l~phon¢SO59660 APPEAL BOARD ~EMBER$ Robert kY,/. Gillispi¢, Jr., Chairman Robert Bersen Charles Gregonis, Jr. Ser~e Doyen, Jr. Fred Huls¢, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS February 1~~, 1966 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P,'M~, Thursday~, February 11,, 1966, at the Town Office, Main Road,. Southold, New York. There were present: Messrs: Robert"W. Gillispie~. Jr., Chairman; Robert Bergen~ Fred Hulse,~, Jr. Absent: Messrs: Charles Grigenis~, Jr.~ Serge Doyen~ Jr. PUBLIC HEARING: Appeal No. 826 - 7:30 P~'M.i~jS~TJ), Upon application of Stephen B. Hamilton, Legion Avenue~ Mattituck~ New York, for a ~ariance in accordance with the Zoning Ordinance, Article III~ Seetion 303~. Article X,-Section 1000A~ for per- mission to divide proper~y with insufficient frontage andareao Location of property: north side Legion Avenue,. Mattituck, New York,. bounded north by'Long Island Railroad, east by Newalis- Griffin, south by Legion Avenue~Wells~ west by Cemetery Assn. Fee paid $5.00. Southold Town Board of Appeals -2- February t~ 1966 The Chairman opened the hearing by reading application for a variance, legal notice ofheazing~ affidavit attesting to its publication in the official new~paper~ and notice to the THE CHAIRMAN: Is there anyone presentwho wishes to speak in favor of this application? WTT~.!AMWICKPkAM~ESQ.: ~resented~sur~ey to the Board): This was the original layout of all the lots on Legion Avenue. We had planned to retain 60 feet by 160 feet~ but then we thought it would%ork out better to have 70 f~et ~y 150 f~et. MR. HULSE: This house is pretty close to the road. MR. BERGEN: Ail the h~uses on that street are fairly close to the road. WT~IAM~CKHAM,E~.: The only change to be made on this property would be to make this parcel of land 70 feet by 150 feet. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any questions? {There was no response.) 'After investigation and inspection the Board finds that the applicant wishes to set off a parcel of land 70 feet by 150 feet. The Board finds that the application states %hat the applicant has contracted %o sell his non-conforming business~roperty~ and the parcel of land retained is the applicant~'s residence. The Board finds that the applicant's original lot was 60 feet by 160 feet~ and other lots in this immediate area are~also the same size. Therefore~ the Board finds that the creation of this undersized lot~ill not change the characeer of the neighborhood, The Board points out that there are actually no real changes being made on this property except to d~vide it and set off the applicant~s residence. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all Southold Town Board of Appeals -3- February 15, 1966 properties alike in the immediate vicinity of. this property and in the same use district;, and the variance does observe the spirit of theOrdiance and will not change the character of the district. On motion by Mr. Bergen,. seconded by Mr. Gillispie~ it was RESOLVED that Stephen'B. Hamilton~ LegionrAvenue, Mattituck, New York be granted permission to set off a parcel of land to be 70 f~et by 150 feet located on the north side of Legion Ave.~ Mattituck~ New York, bounded north by Long Island Raiiroad, east by Newalis-Griffin, south by'Legion Avenue-Wells, west by Cemetery Assn. Vote of the Board: Ayes:- Mr. Gillispie~ Fir. Bergen~ Hulse. The following letter was written to James R. Delehanty~ Box 476~ Mattituck~ New York. Dear Mr. Delehanty: We have carefully considered you~letters of January 27~ 1966. Notices of hearings which are concerned with Zoning matters are conducted pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the TownOf Southold. This involves publication of notices in the current official newspaper of the Town. A ~uestion of how large a cir- culation the current official newspaper of the Town enjoys at any given time is irrel~ant. Any other systemof private notice of individuals who might or mightnot be concerned with-Zoning has always been regarded as being extremely burdensome to administer~ particularly because of the fact that half of the residence of the Town of $outhold are owned by whose official residence is elsewhere. $outhold Town Board of Appeals -4- February ~ 1966 In reply to your letter concerning the August 20~1964 action of the Board in the matter of the appeal of Rosalie Lahmann, Case No. 705. The applicant applied for and was granted a variance permitting the construction of a garage which was said to be an accessory to the main residence. No plans have ever been submitted for the main residence, nor are the Lahmanns required to submit their intentions in this regard. There is nothing in the Zoning Ordinance which can be construed to prevent ~he erection of this garage. However, it would definitely be a Zoning violation if the garage was used as a residence. Mrs. Lahmann does not state whether or not she intends to live in this garage~ nor is she required to give any guarantee about a residence which she may or may not construct. There is no provision of the Zoning Ordiance which would prevent a so-called accessorybuildingfrom being constructed prior to the main structure. Accordingly~ as far as we are able to determine there has been no violation of the Zoning Ordinance. Thank you for your interest in this matter. Very sincerely~ Robert~W. Gillispie, Jr.,-Chairman, Southold Town Board of Appeals. On motion by Mr. Hulse, seconded by Mr. Bergen~ it was RESOLVED that the minutes of the Southold Town Board of Appeals dated January 27,. 1966 be approved as submitted. Vote of the Board: Ayes:-Mr. Gillispie~ Fir. Bergen, Mr. Hulse. The Board reviewed appeal No. 825~ upon application of David S. Strong~ Camp Mineola Road~ Mattituck, New York, for a special exception in accordance with the Zoning Ordinance~ Article III, Section 300,'Subsection 5 (i) for permission to erect a storage building for boats on the premises of a marina that is now subject to a special exception use. Location of property: Camp mineola Road, Mattituck, New York, bounded north by~'-~eter Kreh~ Jr.~. east by Peter Kreh, Jr.~ south by Peter Kreh,r Jr-Allen, west by JamesCreek. Southold Town Board of Appeals -5- February ]~, 1966 By investigation and public hearing the Board of' Appeals determined the following facts pertinent to this decision: Peter Kreh~ Jr. obtained a special exception as a result of Appeal No. 126 on December 18., 1958 to operate a marina adjoining the dredged portion of James Creek. Mr. Kreh operated a marina at this location prior to the enactment of the Zoning Ordinance on April 27,~ 1957. Action of the Board of Appeals on December 18, 1958~ Appeal No. 126 granted permission to operate a non-commercial marina in a residential areawith the following restrictions: 1. Mooring spaces to be provided for 35 boats and a launching ramp together with a parking lot in a southeasterly direction from the present structure. 2. Services to be provided for privately owned boats under 26 feet. 3. No services shall be provided for party boats and/or commercial operations. 4. No boats shall be rented or leased. On November 27, 1959, this special exception use was expanded to permit mooring facilities for 100 boats of a class no larger than A-2 (26 feet to 42 feet). In approximately 1965~ David Strong purchased 7 acres of ~his 16 acre tract of land. Peter Kreh, Jr. included all the marina facilities which he formerly operated. Mr. Strong has applied for permission to build a 60 f6ot by 60 foot by 20 foot aluminium boat storage shed to be used soley for the purpose of physical storage of boats of local home owners. To date, some accommodation of this demandhas been furnished by leasing a building several miles distant on the North Road. The projected building would be located approximately 500 feet easterly of the present marina facilities building. Objections of local adj. oining residents are concerned with the de'~preciation of property values as a result of changing the naturally attractive ah~highly residential character of this neighborhood by including a commercial building and other activities associated with storage and movement of boats, such as painting and trailers. (In spite of restrictions~ it is unreasonable to assume that a boat stored for the season would not be painted at the point of storage). The Board finds further that the location of this marina in a natural meadow area is highly visible from most of the S.u~rounding~res~de~tial~reas- Southold Town Board of Appeals -6- February ~ 1966 In considering the above the Board finds: 1. That the proposed storage use would adversely affect the orderly and reasonable use of the adjacent properties. 2. That the character of existing and probable development of residential uses in the area would be adversely affected. 3. That the conservation of propertyvalues and the encouragement of appropriate uses of land would be adversely affected. 4. That the Board finds itself in general agreement with the position advanced byWilliam'Wickham~Esq.,~ attorney for Sa~Lake Village Association, that the June,. 1965 revisions of the Southold Town Building zone Ordinance concerning marina uses permitted in the several zones require a new and more limited interpretation of permitted residential marina uses; specifically~ limited to considering marina for the docking and mooring or accommodation of not more than Six 46) non- commercial boats. Boat storage yards are permitted under Article IV~ as revised~ "B" Business District~ Section 400~. Subsection 19. There is some doubt~hethera storage facility may be permitted in a'~-l" Business District or a "B-2" Business District~ however we are convinced that the limitations noted above must prevent favorable consideration~of this application in a residential zone. 5. Until now~ storage facilities have not been requested. The Board finds~hat the public convenience and welfare and justice owill not be served and the legally established or permitted use'or'neighborhood property and adjoining use districts will be pe~anently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr, Gillispie~ seconded by Mro Hulse~ it was RESOLVED that David S. Strong~ Camp Mineola Road, Mattituck~ New York~ be denied permission to erect a storage'building for boats on the premises of a marina that is now subject to a special exception use on property located on'Camp Mineola Road, Mattituck, New York~ bounded north by"Peter Kreh~ Jr.~. east by Peter' Kreh~ Jr.~ south by Peter Kreh~. Jr.-Allen~. west by James Creek. Vote of the Board: Ayes:--Mr. Gillispie~. Mr. Bergen~~ Mr- Hulse. Southold Town Board of Appeals -7- February 1~. 1966 The next regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M., Thursday.~ March 10~ 1966, at the Town Office~ Main Road~ Southold, New York. The meeting was adjourned at 9:00 Respectfully submitted~. Barbara C. Dittmmnn~ Secretary Southold Town Board of Appeals APPROVED