HomeMy WebLinkAboutZBA-04/29/1965Robe~ Bergen
Charles Gre~oni$, Jr.
Ser~e Doyen, Jr.
Fred Hulse, Jr.
own uF
BOUTHOLD, L, I., N.
Telephone SO 5 9660
APPEAL BOARD :
MEMBERS
Robert W. Gillispie,' Jr., Chairman
MINUTE'S
SO~THOT.~ T~N BOARD OF APPEA~,S
· April ~29.~ 1965
A regular meeting of the Southold Town Board of Appeals
was held at 7:30 P.M.,. Thursday,s;April 29, 1965, at the Town
Office, Main Road, South®id, New "York.
There were present: Messes: R®bert~W. 6illispie~ Jr., Chairman;
Robert Ber~en,~ Fred Hulse, Jr.
Absent: Messes: Charles 6rigonis~ Jr.~ Serge Doyen~ Jr.
PUBLIC P~ARING: Appeal $ 764- 7:30 P.Mj~.D,S.T.),,. Upon
application of Silver Sands Motel, Silvermere Road~, Greenport~
New York, for a special exceDtion in accordance with the Zoning
Ordinance~ Article III~ Section 300~ Subsection 11~ for per-
mission to erect a directional sign on the property'of Char~ s
Hubbard. Location of property: s~uth side North Road~C2R. 27A)
Peconic, New York, bounded north by North Road,~C.R. 27A)~ east
by~C. Geiger, south by Long Island Railroad,, west by K~D. Case.
Fee paid $5.00.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing:~ affidavit attesting
to its publication in the official newspaper, an~ notice tothe
applicant.
Southold Town Board of Ap~als -2- April 29~-~965
THE CHAIRMAN: Is there anyone wish to be heard in favor
of this application?
THOMAS JURZENIA: We don~t want to clutter up the landscap~
but we have to maintain our business. We are off the main
highway and I don't think it is unreasonable to request this
sign.
THE CHAIRMAN: Is there anyone present who wishes to speak
in opposition ~ this sign?
NELSON'A~TMNE: I would like to speak against the application.
I think that we have a principle inV~ved here. I feel a
directional sign should be on a corner and not very far from
the location of the premises. When the sign is located so
far from the motel~ it becomes an advertising sign, and we
no longer could consider it andi~ectional sign.
TMM, CHA/_RMAN: How close would you say it had to be to the
location to qualify as a directional sign?
THOMAS JURZENIA: If I may say something here. The Automobile
Club of'America considers anything within five miles of the
location a directional sign.
~I~ONAXIENE: I don't think that aPPlies here. I would
say within a quarter of a mile to the turn. And it shouldn't
be on all corners either. Once a pre~iedence is set, other
motels will do it. Also~ these Will no longer be directional
signs. They will be advertising signs. In fact, there is only
a select group of business~, w~ich motels are one, that are
permitted any off premises signs at alll They are a very
fortunate group. However, other business might say,, why can't
I have a directional sign.
(~ lenghty discussion was held in regard to the classification
of directional signs and advertising signs. Discussion was also
held on the distance a sign sh®uld be from the location of the
premises~ in order to be c~ssify as a directional sign..)
THOMAS JURZENIA: It is very difficult to get a location
for a sign on the main highways.~ We ~ow'have signs on ~ir. King's
property and Mr. Polywoda's property. This property is suppose
to be sold in the very near future, so it is only a matter of
time before these signs come down. A sign on the Hubbard property
will certain~ not distract from the atmosphere there. There
are very few locations where we can put signs.
Southold Town Board of Approvals -3- April 29,. L~65
THE CHA~: Is there anyone else wish to be heard on this
application ?
~There was no response.)
After investigation and inspection the Board finds that
Silger'Sands Motel wishes to erect a directional sign on the
property of~Charles Hubbard, south side of the North Road in
Peconic. Said owner of the premises has given written permission
to erect-the sign. The sign will be four feet by 6 feet and
read "3 miles ahead, Turn Right~ Silver Sands Motel". The Board
is in agreement with the reasoning of the applicant. This motel
is located off themain highway and needs a directional sign.
The Board finds that the applicant is in danger of losing his
other sign locations along this route. The Board also points
out that this sign is in the interest of the traveling public,
as all directional signs are, to direct people to places of
amusement, food, lodging, churches~ etc.
The Board finds that the public cnnvenience and welfare
and justice will be served and the legally established or
permitted use of neighborhood property and adjoining use
districts will n~t be permanently or substantially injured
and the spirit of'the Ordinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED thatSilver Sands Motel, Silvermere Road, Greenport
New York, be granted permission to erecta directional sign
on the preperty l®f'Charles Hubbard~ located south side North
Road ~.R. 27A), Peconic, New York~ subject to the following
conditions:~
1. This siqn shall be four C4) feet by six ~C6) feet.
2.. This sign shall be located 30 feet from the highway.
3. This sign shall be'~at least three (3) feet from ground
level.
4. When the:Town institutes a new sign program for directional
signs~ this sign shall be subject to all rules and regulations of
said program.
Vote of the Board: Ayes:-Mr. Gillispie,~Mr. Bergen~ Mr. Hulse.
Southold Town Board of At~als -4- April 29, ~965
PUBLIC HEARING: Appeal No. 765 - 7:40 P.M. ~.D.S.T.)~ Upon
application ~ Harold Simonson~ Strohson Road, Cutchogue, New
York, for a variance in accordance with the Zoning Ordinance~
Article III~ Section 303~ and Article X.~ Section 1000A~ for
permission to divide property: Location of property: east
sideStrohson Road~ Cutchogue~ New York~ bounded north by
H. Henwood, east by Creek~ south by M. Seaman-Mansfield~ and
west by Strohson Road. Fee paid $5°00.
The Chairman opened the hearing by reading application
for a variance~ legal notice of hearing, affidavit attesting
to its Dublication in the official newspaper~ and notice to
the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
in ~vor of this application?
HAROLD SIMONSON: I speak in favor of it. There are several
other lots in this particular area that have only 50~ frontage.
THE CHAIRMAN: If you give your daughter 100~ on the road
would it harm your trees?
HAROLD SIMONSON: I don~t want to have to take care of my
trees on someone elses property.
THE CHAIRMAN: We would be creating a lot that is undersized~
where there is the opportunity to convey 100 feet.
MR. HULSE: How far is your f~st tree from the road?
MR. SIMONSON: The first tree is about 15 feet.
THE CHAIRMAN: What kind of trees do you have?
MR. SIMONSON: Pear, Pluma and apple.
THE CHAIRMAN: You could have something in the deed stating
that you own the trees.
MR. SIMONSON: I wouldn't want to do that~
THE CHAIR/~2~N: You might have trouble in the fut~e with this
lot with the health department.
MR. SIMONSON: There are other lots here that are only 50
feet wide.
Southotd Town Beard of'Appeals -5- April 29~ ~965
THE CHAIRMAN: If we, grant this application, wewill be
creating ~undersized lot, and a problem for someone in the
future.
Is there anyone present who wishes to be heard in
opposition to thisapplication?
,(There was no response.)
After investigation andinspection the Board finds that
Harold Simonson is the owner of a lot with 223 feet frontage
on the road. Mr. Simonson wishes to convey the southerly
85 feet of this lot to his daughter~ thus creating a lot with
insufficient frontage. The Board disagrees with the reaonsing
of the applicant. The Board does not feel that the applicant
ShOws evidence of an unusual hardship. It is the opin~ of
the Board that the character of the neighborhood will be
changed in the future.
The Board finds that strict application of the Ordinance
will not produce practical difficulties or unnecessary hardship;
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
the district.
On motion by Mr. Gillispie~ seconded by Mr. Bergen, it was
RESOLVED:'that Harold,Simonson~ Strohson Road, Cutchogue~
New York, be denied permission to divide property with
insuffficient frontage on property located east side Strohson~
Road, Cutchogue, New York.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen~ Mr. Hulseo
PUBLIC HEARING: Appeal No. 766 - 8:00 P,M.~E~jD,B~T~)~ Upon
application of'A. Reilly & sons~, Inc., Mattituck, New York, a/c
Robert Ogilvie~ Mattituck, New York,. for a variance in accordance
with the Zoning Ordinance,~ Article III,. Section 305, fOr permission
to erect an addition with insufficient front yard s~t back.
Aocation of property: south side Private Road, off the east side
or'Cox Neck Road, Mattituck~ New York~ bounded north byFox
Hollow Road, east byKenneth Ramsauer, south by Mattituck~Creek~
west by Julian Cargill. Fee paid $5.00
$outhold Town Board of ApPeals
-6-
April 29,~ '~-365'
The Chairman opened the hearing by reading application for
a variancea legal notice of hearing,, afiidavit attesting to its
publication in the official newspaper, and notice to ~e applicant.
T~E CHAIRMAN: Is there anyone present who wishes to speak
in favor of this application?
MR. REILLY: Well, we are here, butwe have nothing fur~J~er
to add. You have stated everything from the application.
THE CHAIRMAN: Is there anyone preseht who wishes to speak
in opposition to this application?
(There was no response.)
After investigation and inspection the Board finds that
the applicant wishes to erect an addition, howevers, does not
have sufficient front yard set back. The Board finds that
the dwelling was built prior to the enactment of the Zoning
Ordinance and the deed restrictions r~quire only 25 foot
set back. The Board finds that this lot slopes sharply
toward the creek. The proposed location for the addition is
the only feasible location. The Board finds that the setbac~
of the dwellings on this road vary greatly. The Board points
out that this lot is located on a dead-end private road and
a reduction in the front yard setback will not cause a traffic
hazard.
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship~
the hardship created is unique and would n~t be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the~riance does observe the
spirit of the Ordinance and will not'change the character of
the district.
On motion by Mr. Bergen, seconded by-Mr. Hulse, it was
RESOLVWO that-A. Reilly &'Sons, Inc., Mattituck~ New York,,
a/clRobert ogi!vie~ Mattituck,. New York~ be granted permission
to erect an addition with insufficient front yard set back on
property located south side Private Road, off the east side of
Cox Neck Road~ Mattituck~ New York.
Vote of the Board: Ayes:-Mr. Gillispie~. Mr. Bergena Mr. Hulseo
Southold Town Board ofA pp~als -7- April 29~"~965
PUBLIC P~.ARING: Appeal No. 767 - 8:15 P.'M,(E.D.S.T.), Upon
application of Arnold and ~ Mitchell, Inc.~ Main Road, Orient,
New York, for a variance in accordance with the ZoningOrdinance,
Article IV~ Section 400, Subsection 16,, and Article IV, Section
404, for permission to locate an accessory building in the front
yard area. Location of property:north side Main Road, Orient,
New York, bounded north by Wilco Development~ Corp. z east by
G. Latham,~ south by. Main Road, west by'Ruth Young. Fee paid
$5.00.
The Chairman opened the hearing by reading 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
for'this application?
ARNOLD MITCHELL: I have nothing to add to the application.
THE CHAIRMAN: What do you propose to have at this information
booth?
ARNOLD MITCHELL: Road maps~ Trai~ and bus schedules~ guide
to hotels, motels and restaurants~ Chamber of Commerce literature~
and Gemeral tourist information. Other businesses will be
invited to leave their literaturel
THE C~: Are you going tohave someone in the building?
ARNOLD MITHCHELL: No.
T~E CHAIRMAN: Is there ample room for parking?
ARNOLD MITCHELL: Yes.~. we have a very large parking facility
there. They can park right on the lawn.
THE CHAIRMAN: Is there anyone present who wishes to speak
against tb~s application?
(There was no response.)
After investigation and inspection the Board finds that the
applicantwishes to construct an ~formation booth, in the front
yard area of his hotel and restaurant operation. This information
booth will be located 35 feet back from the center of the
highway and 15½ feet east of the blacktop entrance road to the
hotel and restaurant operation. The following information will be
SOuthold Town Board of Apt>u~ls -8-- April 29,. ~65
available at the booth: road maps, train and bus schedules,
chamber'of commerce literature, guide to hotels, motels and
restaurants~ and all general tourist information, .Also, all
businesses in the Town will be invited to leave their literature
at the booth. The Board finds thatthe construction of this
information booth will greatly~enefit the Town of Southold~ The
booth will not cause any traffic hazard, the applicanthas ample
parking facilities.
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
properties alike in the immediatevicinity of,this property
and in the same use ~istrict; and the variance does observe
the spirit of the Ordinance and will not change the character
of the district.
On motion by Mr. Gillispiei~ seconded by Mr. Hulse,, it was
RESOLEED that Arnold & MaryMitchell, Inc., Main Road, Orient,
New York, begranted pezmission to erect an accessory building,
namelyan information booth, in the front yard area on property
located north side Main Road~ Orient,~ New York, subject' tothe
following condition:
1. That.this information booth will be maintained in the
highest of standards. If not, the Board has the power to reverse
the decision hereby made.
Vote of the Board: Ayes:-bir. GillisP~e,t Fir. Bergen, Mr. Hulse.
Mr. David Tuthill, Wickham'Avenue, Mattituck, New York,
appeared before the Board to discuss an application to construct
an attached garage with insufficient setback.
On motion by Mr. Gillispie,. seconded by Mr. Bergent it was
RESOLVED that the Southold Town Board of Appeals set 7:30 P.M.'~
(E~D.'S~T.), Thursday, May 13, 1965, at the Town Office, Main Road~
Southold~ New York, as time and place of hearing upon application
of David Tuthill, Wickham Avenue, Mattituck, New York, for a
special exception in accordance with the Zoning Ordinances. Article
III, Section 306, (as it applies tothe "B" BusinessDistrict
section of the Ordinance), for permission to erect an attached
garage with insufficient setback. Location of property:north west
corner of'Pike Street and Wickhan Avenue,~ Mattituck~, New York,
bou~ north by D. Gilersleeve, east by Wickham Avenue, south by
Pike Street,. west by-L,'C. Gildersleeve.
· ' Southold Town Board of Ap'p~als
-9-
April 29, ~965
~ote of the Board: Ayes:-- Mr. Gillispie, Mr. Bergen, Mr. Hulseo
On motion by Mr, Bergen, seconded by Mr. Hulse, it was
RESOLVED that theSouthold Town Board of Appeals set 7:45 P.M..,
~(E~D2SST.), Thursday, May 13, 1965, at the Town Office, Main Road,
Southold, New York, as time and place of hearSng upon application
of Peter Sledjeski, Main Road, Orient, New York, for a special
exception in accordance with the Zoning Ordinance, Article'X~
Section 1003A, for permission to renew a farm labor camp permit
that was granted June 11, 1964. Location of property: south side
Route 25, Orient, New York, bounded north by Main Road, east by
J.B. Droskoski, souttf0y J. Tuthill, and J. Dyer, west by J. Tuthill
and J. Dyer.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse.
On motion by Mr~ Hulse, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set 8:00 P.M.
(E.DJSjT.'), Thursdaya May 13,. 1965, at the Town Officea Main Road,
Southold, New York, as time and place of hearing upon application
of Robert Guarriello, Westview Drive,. Mattitucka New York,. for a
variance in accordance with the Zoning Ordinance, Article IIIa
Section 305, for permission to erect an attached garage with
insufficient front yard setback. Location of property: north
sideWestview Drive~ Mattituck~ New York, bounded north by
FoE. Hass,east by R. Bascomb, south by'Westvi~w Drive~ west by
Irene Fogarty.
Vote of the Board: Ayes:-Mr. Gillispie, Fir. Bergen, Mr. Hulse.
The next meetingof the Southold Town Board of Appeals will
be held at 7:30 P.'M.a Thursday~. May 13, 1965, at the Town Office,
Main Road, Southold~ New York.
Meeting adjourned 9:45 P.~M.
Respectfully submitted,
bara L, Dittmann,. y