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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