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HomeMy WebLinkAboutZBA-09/30/1965 Southold , Town Board Appeals SnUTHE3LD, L. i., N. Telephone $0 5-P660 APPEAL BOARD MEMBERS Robert ~/. (~illispi¢, Jr., ChaJrraan Robcr~ BerBen Chsrles (~re~oni% Jr. Serse Doyen, .Jr. Fred Hulse, Jr. MINUTES SOUTHOLD T(~WN BOARD OF APPEALS September 30, 1965 A regular'meeting of the Southold Town Board of Appeals was held at 7:30 P.M.,. Thursday, Beptember 30, 1965, at the Town Office, Main Road, Southold, New York. There were ~resent: Messrs: Robert'W. Gillispie, Jr., Chairman; Robert Bergen, Fred Hulse, Jr. Absent: Charles Grigonis, Jr., Serge Doyen~ Jr. PUBLIC HEARING: Appeal No. 802 - 7:30 P.M.(E.D.S.T), Upon application of Lloyd Hamilton, Love Lane~ Mattituck, New York, for a variance in accordance with the zoning Ordinance, Article III, Section 303, and Article'X, Section 1000A~. for permission to divide a lot with insufficient frontage. Location of property: eastside BaileyBeach Road, Mattituck~ New York, bounded north by B. Rochard, east by-Catullo, south by other land of applicant, west by Bailey Beach Road. Fee pa~d $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 newspaD~r~ and notice to the applicant. Southold Town Board of Appeals -2- September 30,1965 MR. HUI~E: Is there a survey of the property attached to the application? THE CHAIRMAN: No, he will have a survey made if and when the property changes hands. Is there anyone present who wishes to speak in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone presentwho wishes to speak against this application? (There was no response.) THE CHAIRMAN: I might state for the record~ that Mr. Bergen and I were at this property this afternoon, and it appeared to us that the division of the property could be made on the basis of 75 feet by 150 feet without changing the character of the neighborhood. We pursuadedMr. Hamilton to~g~to this division, v~e old division that was suggested by Fir. Hamilton, which was 50 feet by 150 feet, created a lot that was only 7,500 square feet. This is much less than the footage required by the Zoning Ordinance. It was suggested to Mr. Hamilton that he increase the size of the proposed division to 75 feet by 150 feet to give him 11,250 square feet, which is closer to the mininum area required by the Zoning Ordinance. It was further suggested to Mr. Hamilton that there would be several conditions imposed on anyvariance for division of the property. Mr. Hamilton appeared agreeable to these conditions. MR. HULSE: How big is this whole piece of property? THE CHAIRMAN: There has never been a survey made of this property. It appears to us that a good deal more in depth as you went from north to south. The area in the center is used for children"s swings, sort of a park. According to our observation and information, if this property was ever divided up and sold, it might well be that the remaining lots will be 75 feet on the highway~ or in width. This division of the property will 'not change the character of the district. The Chairman: Are There any o~herquestions? (There was no response.) Southold Town Board of Appeals -3- September 30, 1965 After investigation and inspection, the Board finds that Lloyd Hamilton wishes to divide property located on the east side of Bailey Beach Road~ Mattituck. The applieant has agreed to divide this property seventy five feet (75') by one hundred-fifty feet (150'), instead of fifty feet (50') by one hundred-fifty feet (150') as proposed in the application to the Board of~Appeals. The division of seventy-five feet (75') by one hundred-fifty feet (150') will give the applicant 11,250 square feet. In general, the Board is in agreement with the reasonisg of the applicant as it is presented in the application to the Board. The Board finds that this is a summer rental colony and many adjoining~properties have less than 100® feet frontage. The Board finds that this division of property will not change the character of the neighborhood. 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 same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED that Lloyd Hamilton, Love Lane, Mattituck~ New York~ be granted permission to divide a tot with insufficient frontage on property located east side of Bailey Beach Road, Mattituck, New York, subject to the following conditions: 1. If this proposed lot, to be divided seventy five feet (75') by one hundred-fifty feet (150"), is actually sold as a building lot~ that the front yard set back of any new structure on this proposed lot shall conform with the established setback of the cottage to the south of the proposed lot, however, due to the steep rise from Bailey Beach Road, a garage may be constructed at street level with a deck over the garage to be used as a porch. 2. It is understoo~that the front wall facing Bailey Beach Road (west wall) of the proposed house will conform with the setback refered to a~ove. Southold Town Board of Appeals September 30~ 1965 3. The ~Aroposed structure shall_be at least 10 feet from the northerly property line, and at least 15 feet from the southerly property line. 4. There will be no side yard variances granted for this proposed lot. 5. The remaining land of Mr. Hamilton's shall not be used to increase the number of summer cottages presently on the land. 6. If any additional land is added to this property, the part so added shall be also subject-to all the conditions s~ated for the property in question. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse PUBLIC HEARING: Appeal No. 803 - 8:00 P.M~(E.'D.S~T.), Upon application of Rudolph Koubek, a/c'Arkay~ Inc., Great'River Road~ GreatRiver, New York, for a variance in front yard setback to convert an existing building to a residence in accordance with the Zoning Ordinance, Article III, Section 304~ Location of property: east side Kerwin Blvd.~ Peconic Bay EsSaYs, Greenport, New York, bounded north by Pipes Neck'Creek, east by other land of applicant, south byKerwin Blvd., west by Long Island Rail- road. 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: The purposed of this application is to convert an existing farm building~ which is approximately 15 feet, plus or minus, from Kerwin Blvd., to a residence. It was denied by the Building Inspector because it is not 35 feet from the road. At this time, is there anyone present who wishes to speak in favor of this application? MR. RUDOLPH KOUBEK: I am in favor'of the appl~tion. $outhold Town Board of Appeals -5-. September 30, 1965 THE CHAIRMAN: What do you mean by the property has three frontages? MR2 KOUBEK: It goes down and curves there~ down to Bay Shore Road. I have a survey here if you want to see it. MR. HULSE: He bought the whole piece of property, he bought the right-of-way which is considerable good size. MR. KOUBEK: This is on the creek. MR. HULSE: Do you own anye of the creek? Fir. Koubek: I own up to the high water mark. THE CHA~ This is a 1937 survey. Now, where is the building on this property? MR. ~ULSE: The building is right here. (indicating place on survey) THE CHAIRMAN: Have you had a division of this property made for subdivision p~poses2 MR. KOUBEK: No, this is the way we bought it, I understand that this is a filed map as 50 foot lots. Mr. Van Tuyl gave me this surveys I just had~h made. MR. BERGEN: You are not going to subdivide the rest of the land? MR. KOUBEK: No~ not yet. THE CHA~: How big is the ~arn? MR. KOUBEK: thirty feet by fourt~yfeet. THE CHAIRMAN: You would have alot of difficulty moving it back? MR. HULSE: Thatw~uld be impossible. THE CHAIRMAN: Are you going to live in it, or do you plan to resell it? Mr. Koubek: No, we are going to live in it. Southold To~n Board of Appeals 0-6- September 30, 1965 THE CHAIRMAN: One thing we don~t want to become involved in is, if you develope this you will have front lots and back lots. MR. KOUBEK: I don~t intend to do that. I intend to put a house right in here some day. ~pointing to survey) ~HE CHAIRMAN: There are no other houses on this side of Kerwin Blvd? MR. HULSE: Dugan is the first house on that side. THE CHAIRMAN: This building won't set the front yard setback. Is there anyone present who wishes to speak in opposition to this application? (There was no response,) THE CHAIRMAN: Anyone else WiSh to ask any questions regarding this appl~ation? (There was no response.) After investigation and inspection the Board finds that the applicant wishes to convert an old farm building into a one family dwelling. This building is located approximately 15 feet from the road, which is less than the setback required by the YZonin9 Ordinance. The building was built prior to the Zoning Ordinance. The Board finds that it is not feasible to move the building back on the lot because a very deep storage cellar exist underneath it. The conversion of this old farm building, will enhance the character of the neighborhood~ and will not depreciate the neighborhood in any~y. The insufficient setback of this building will not set the setback from the road oflany future structures on the east side of Kerwin Blvd. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessaryhardship; 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 district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Southold Town Board of Appeals -7- September 30~ 1965 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLV~ that Rudolph Koubek, a/c Arkays, Inc., GreatRiver Road, Great River, New Yorkt be granted permission to convert an existing farm building to a residence with insufficient set back on property located east side Kerwin Blvd.~ Peconic Bay Estates~ Greenport, New ¥ork, subject to the following condition: 1. That the location of this proposed residence shall not be used to vary any other provisions of the present zoning Ordinance of the Town of~Southold. It may not be used as an a~gument to ~ary any other provisions of the Zoning Ordinance of Southold Town. Vote of the Board: Ayes:-bir. Gillispie~ Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 804 - 8:15 P.M. CE.D.$.T.)~ Upon application of Joseph J. Frohnhoefer~ 2644 Grand Avenue, Baldwin New York~ for a special exception in accordance with the Zoning Ordinance, Article III, Section 300~ Subsection (5a~, to converta one-family dwelling to a two-family dwelling. Location of property: west side ¥oungs Avenue, Southold, New York, bounded north by E. Purcell, east-by Youngs Avenue, south by M. Baker, west by other land of the appl~ant. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exception, legal notice or'hearing, affidavit attesting to itss~D2olication in the official newspaper~ and notice to the applicant. THE CHAIRFam~: Is there anyone present who wishes to speak in favor of this application? (There was no response. ) THE CHAIRMAN: Is Mr. Frohnhoefer here? (There was no response.) THE CHAIRMAN: Ia there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -8- September 30, 1965 THE CHAIRMAN: Are there any questions fromany members of the Board? MR. HULSE: I would like to know the interior make-up of the house and the size. THE CHA]/kMAN: You do not have to fill out a building permit application with this type of appeal. On motion by Mr. Hulse, seconded by bit. Bergen, it was RESOLVED that the hearing upon application of Joseph J. Frohnhoefer, 2644 Grand Avenue, Baldwin, New York, be delayed until the end of the meeting until Mr. Howard TerrF, Building Inspector~could be present and provide additional information about the house in question/ Vote of the Board$ Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 805 - 8:30 P.M. (E.D.S.T.), Upon application of Harold Feinberg, D/S/A Southampton Produce Distributers, Sound Ave., Mattituck, New Yor~ for a special exception in accordance with the Zoning Ordinance, ArticleX~ Section 1007, Subsection (e), to expand a nonconforming use by adding a new potato storage building. Location of property: south side Sound Avenue~ Mattituck, New York, bounded north bySound Avenue, east by Unkelbach, south by Unkelbach, and west by Prins. Fee paid $5.00. The Chairman opened the hearingby reading application for a special exception, legal notice ofhearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application. Mr. Feinberg appeared in favor. THE'CHAIRMAN: The building is located~here (indicating map), We were up there today. It looks cent~&lly located. It is more than 100 feet to the west. MR. FEINBERG: Everything is going to be east of that shed door. Southold Town Board or'Appeals -9- September 30 ~ 1965 THE CHAIRMAN: The building is at least 30 feet from this? (indicating map) MR. FEINBERG: More than that. on the south and a mininum of 30 feet on the front. THE CHAIRMAN: The trucks could back up here (indicating map) and drive right through. MR. RNILSE: The trucks wQuldn~t be backing out onto the h ighway. THE-~PL%IRMAN: There is alot of room on this piece of property: Is there anyone else who wishes to speak in favor of this application? (There was no r~sponse.) THE CHAIRMASI: A couple of.-questions I would like to ask. Is the purpose of this building to store o~d potatoes? MR. FEINBERG: Yes~ sir. THE CHAIRMAN: Do you have other~ storage space available? MR.' FEINBERG: I have storage on Mr. Wickham~s land~ for 20,000 bushels. Fir. Woodhull has%he contract. THE CHAIRMAN: Where else do you have storage? MR. FEINBERG: We have two bins on Reeve~s Storage. I don~t know how lsng we will have that. THE CHAIRMAN: What is ~he record for years past of potatoes sold out of storage? MR. FEINBERG: Fifty to sixty thousand bushels. THE CHAIRMAN: That is considerably short of the storage that,s available. The proposed storage building i~to be 60' by 100~. This would put you in a more desirable condition if you could store a good p~rtion of your crop. The estimated crop is 100,000 bushels. You have storage for 20,000 plus 42~000 that will give you storage for 62,000 bushels. You say you will get storage for another 20,000bushels? Southold Town Board of'Appeals -10- September 30~ 1965 MR. FEINBERG: We may be able to get'another barn. THE CHAIRMAN: Under your. present condition, you may store 3/4 of your crop? MR. FEINBERG: Ifws don't lose any of the storage. THE CHAIRMAN: Are there any other questions for Mr. Feinberg? (There was no response. ) THE~CHAIRMAN: 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 wishes to construct a farm storage building for additional st~age of.his potatoe crop. This building ~ to be sixty feet .(60') by one h_~ndred feet (t~0'). The Board finds that the applicant also buys and grades potatoes for other farmers, thus the additional storage building being a necessity. This building is to be constructed on non-conforming business property, already used as a potatoe grading station, therefore, this addition will not change the character of the district or depreciate the area. The Board also finds that most of the storage building will be located below ground level. The Board finds that the public convenience and welfare and justice will be served and the legally-established or permitted use of neighborhood ~roperty and adjoining use distr~icts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen~ it was Sound RESOLVED that the SQuthampton Produce Distributers, Avenue~. Mattituck~ New York, be granted permission to construct a new potatoe storage building on property located south sade Sound Avenue, Mattituckz New York, subject to the following conditions: 1. The entrance to the proposed building shall be at least 20 feet south of a line established by extending the southerly line of the present building. ( south of the large tree on the east side of the building.) Southold Town Board of Appeals -11- September 30, 1965 2. The proposed building shall be at-least 30 feet from the easterly property line. 3. The proposed building shall be at least 50 feet from the southerly property line. 4. The proposed building shall be at least 50 feet from the westerly propmrty line. 5. The proposed building shall be located at least 20 feet behind the existing building. Vote of the Board: Ayes:-Mr. Gillispie~ M~o Bergen, Mr. Hulse. wee Mr. Joseph Polashock appeared before the Board for an informal discussion. He proposed to construct a private detached garage with insufficient distance from the property line. The proposed garage was to be a two car garage 22' by 20 feet to be located on his property on Third Street at NeWS~ffolk. The Board advised Mr. Polashock to fill out a formal application and they would hear it at their next meeting. Mr. Basil D~'emo appeared before the Board to discuss the possibility of getting permission for off-premises signs for his real estate business. The Board advised Mr. D~emo that they do not grant directional signs or advertising signs for real estate businesses. On motion by Mr. Gillispie, seconded by M_r. Bergen~ it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M., CE, D.S.T.), Thursday, October 14~ 1965, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon application of Joseph Polashock, Third Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance~ Article III, Sectbn 309, for permission to erect a private detached garage with insufficient distance from the lot line. Loc~tion of property: east side Third Street~ New Suffolk, New York,.bounded north by Smolenski, east by Prezioso, south by W. Ketcham E~%a.te, west by Third Street. Southold Town Board of Appeals -12- September 30, 1965 'Vote of t~e Board: Ay~s:-Mr. Gillispie, Mr. Bergen, Mr. Hulse. On motion by Mr. Bergent seoonded by Mr. Hulse, it was RESOLV~ that the Southold Town Board of Appeals set 7:45 (E.D.S.T.),~ Thursday, October 14~ 1965, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon application ofIr~ing C. Latham, Main Road,-Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Article VII~ Section 703A, forpermission to erec~a sign with insufficient setback. Location of property: north side. Main R~ad, Orient, New York, bounded north byLong Island Sound, east by J. Fitzsimmons, south by Main Road, west by Greenway.RealtyCorp. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse,. PUBLIC HEARING: Appeal No. 804 - Upon application of Joseph J. Frohnhoefer, 2644 Grand Avenue, Baldwint New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 300~ Subsection (5a)~ to c~nvert a one-family dwelling to a two-family dwelling. Location of property: west side Youngs Avenue, Southold, New York, bounded north byE. Purcell, east by Youngs Avenue, south by M. Baker, west by other land of the applicant. Fee paid.S5.00. THE CHAIRMAN: I have already read the application and the legal notice. Howard, do you know anything about this house~ (Mr. Howard Terry~ Building I~u~pector, advised .the Board that the interiormake-up~ dimensions~ and construction of the house in question are suitable for a two familydwelling.) THE-CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board Of Appeals -13- Septen%ber 30, 1965 After investigation and inspection the Board finds that the.applicant wi~hes to convert an existing building into a two family ~welling. TheBoard finds that two-thirds cf this property is in a business district. The other one-third of the property is in a residential district. The building was built prior to the z~oning regulations. The Board finds that this conversion will improve the .building. The Board further finds that this conversion will not change the character of the neighborhood, in view of the fact that a ~t~ree family residence exist on the property to the south of the property in question. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining~use districts will not be permanently or substantially,,injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED-that the Joseph J. Frohnhoefer~ 2644 Grand,Avenue Baldwin~ New YOrk, be granted permission to convert a one-family dwelling into a two-family dwelling on property located west side Youngs Avenue~ Southold, New Yor~,~subject to the following condition: 1. That the outside dimensions of~thisstructure shall not be altered. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen,'Mr. Hulse. On Motion by Mr. Gillispie, seconddd by Mr. Bergen~ it was RESOLVED THAT the minutes of'the Southold Town Board of Appeals dated September 16, 1965, be approved as submitted. Vote of the Board: Ayes:-Mr. Gillispie~ Mr. Bergen, Mr. Hulseo MpP OV£D eeting adjourned at lO:OO Respectfully submitted~ Barbara C. Dittmann, Secretary $outhold Town Board of'Appeals