HomeMy WebLinkAboutZBA-09/16/1965SOUTHOLD, L. Ii, N,
Telephone SO 5 2660
APPEAL BOARD
MEMBERS
Robert "~/. GiJlispie, Jr., Chairman
Robert BcrBen
Charles GreBonis; Jr.
Ser~e Doyen, Jr.
Fred Hulse, Jr.
MINUTES
$OUTHOLD ~OWN 'BOARD OF APFEALS
September 16~ 1965
A regular meeting of the Southold Town Board of Appeals
was held on Thursday~ Septemberl6,; 1965~ at 7:30 P.M.s, at
the Town. Office~, Mai~ Road,/Southold,~ New York.
There were present: Messrs: Robert~W. Gillispie~ Jr.~'
Chairman;~Charles Grigonis~, Jr.~.Robert Bergen
Absent: Messrs. Serge Doyen~ Jr.~ Fred Hulse~ Jr.
PUBLIC HEARING: Appeal No. 800 - 7:30
Upon application of!~rnoldI~rson~ a/ of AnthonyBongiova~ni
and Vito Cecchini,~ Southold~ New York~ for a variance in
accordance with the~Zoning'Ordinance~i Article ItI~ Section 303~
and~Article~X~ Section 1000A, for permission to divide lots with
insufficient ~rontage. Location of property: I~ke Drive-Kennys
Road Section~ Southold,~ New York~ bounded north by'~ake Drive~
east by'Alex'Orr~! south by Great'-'Pond~!.west by F. DuPont. Fee
paid $5°00.
The Chairman opened the hearing byreading application for
a variance~ legal notice ofhe~uring~, affidavit attesting to
publication in the official newspap~r,~ and 'notice to the appli-
cante
Southold Town Board of Appeals
--2-
September 16~ 1965
THE CHAIRMAN~ IsThere anyone presentwho wishes to speak
in favor of this application?
ARNOLD LARSON: I have stated it all in the application.
THE CHAIRMAN: Itwould be possible for them to divide this
into four lots by a slightly different procedure so far as
zoning is concerned. This would intend to help it rather than
change the character of the neighborhood. There is a lot acreage
of 73~000 square feet. The minimum zoning requirement is 122500
which would give them at least five lots. This is very preferable
as far as we are concerned here. Is there anyone who wishes to
speak against this application?
CThere was no response,)
THE CHAIRMAN: Any other questions?
(There was no response.)
After investigation and inspection the Board finds that the
applicant wishes to divide lots with insufficient frontage as
there is approximately'258~ on Lake Drive and extending in dis-
tances ~of 315'fo 250'~' in 'depth to Lake~Leeton (known as Great
Pond) now divided into five 50~ lots. It is requested that three
separate lots be made of 86' each of road and lake frontage and
having square footage in the area of approximately 21~500 - 25~295
and 27~090 respectively.
The Board finds that~strict.application of the Ordinance
will produce practical difficulties or unnecessary Hardship
because sale ofthis property cannot be consumated without
permission for'a variance being granted at this time~ The
hardship craated is unique and is not-shared by-all properties
alike in the immediate vicinity of this~propertyand in this
use district; and the variance does observe the spirit of the
Ordinance and will not change the character or'the district.
On motion by Mr. Gillispie~ seconded by Mr. Grigonis~ it was
RESOLVED that Arnold ~arson~ a/c of ~nthony Bongiovanni
and VitoCecchinl~ Southold~ New York,, be granted permission to
divide lots with insufficient frontage in the La~eDrive-Kennys
Road-Section~ $outhold~ New York.
Southold Town Board of Ap~P~als -3- September'~6,~ 1965
The Board is in complete agreement with the reasoning of
the applicant. The findings arethatthis will be the best pos-
sible division of the propertywhich could be divided into five
lots or~ more.
Vo~e of the Board: Ayes: Mrl Gillispie~ Mr. Bergen,3 Mr.
Grigonis.
PUBLIC HEARING: Appeal No. 801 - 7:45 P.M. (E.D~S~T~)~ Upon
application of'Frederic P. Richm Attorney fort he Esta'te of
Charles F~ Kramer~ MainROad~ S~uthold~ NewYork~ 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 and~area. Location of property: Main Road
and~echanic~Street~ Southold, New York~ bounded north by Main
Road~ east by Rothman~ south byother lands of Kramer~ west by
Mechanic Street. FeePaid $5.00.
The Chairman opened the he~ving by reading'application for
a variance,~ legal n~e ofhearing~! affidavit attesting to its
publication in the official newspaper~ and noticeto the appli-
cant. ~'
THE CHAIRMAN: Is there anyone to speak in favor of this
application?
(The Board~examinedamap of the property in question which
w~s in the file.)
MRS' WALTER KAPP: Mr~ Gillispie~i I think we havea survey
now which is probably~a lot more.accurate. Iwant to speak~for
it~ but'I think that most of the allegations which we have,made
are contained in the petition.
THE CHAIRMAN:'Ithink the Boardwill agree with everything
in the application.
MRS.' JOHN JAMES ~: May I ask that you read paragraph
two again?
THE CHAIRMAN: Certainly,"The hardship created is unique and
is not shared by all properties alike in the immediate vicinity
of this propertyand in this use district because the property
Southold ~Town Board of Appeals
-4-
September 16,~ 1965
has formany-~ years bwen used for'both business and residential
purposes with part of the property in a business zone and the balance
in a residential zone since the advent of the Zoning Ordinance." Is
that the part you wanted read?
MR~~ EP~%~ER: Somewhere it states the property.was never in-
tendedo..~.
THE CHAIRMAN: That whole statement goes like this~, "Strict
application of the Ordinance would produce practical difficulties
orunnecessaryhardshipbecause the store~ outbuilding and dwelling
whichare ~~&~z~p~ located~on the Colored portions of the
attached .sketch which is made a part.of this application? were all
constructed several years priorto the passage of the Zoning Ordin-
ance. Although the land on which they were build is a single parcel
approximately 330' x 60.'~ and title thereto was in the name of
'Charles F. Kramer for many years prior to1952 and has been.held
in the name of his estate since then~ it was never intended that
they all be considered as one parcel. Prior to the passage of the
Zoning Ordinance it would have been possible to sell any one of them
as a separate parcel."
~R~~ KRAb%IR: ~That is a false statement-right there. ItS's
always been one piece.
THE CHAIRMAN: The intentions of t he owner really don't concern
us. What we are concerned with is the effect~of this appiicationl
Weoften run into people who say~! "We intended to do this~ or.that,,
etc." The application is to divide a piece or'property which is -
partly business and partlyresidential.
bI~S~ KRAMER: My'reason for coming is that I live in a house
at the end ~of the property and I have paid all of the taxes~ and
mortgage~ and insurance on this entire piece~ as my husband did
before me after'his father died. It is listed as one piece at
the bank~- on,the bank'mortgage,- and 1if this is sold as they
intend to do~ it leaves me withouta garage.
(Mrs. Blramer pointed out on the map thearea where herhouse
is located.)
T~E CHAIRMAN: Did you rent-or lease this property from Charles
F. Kramer?
~5~.' KRAMER: No, we paid for the house ourselves. The effect
of this would be that I would be left-without'a garage. It has a
two-car garage on it now which two families have always used. It
47.510469 10.000002 0 2602ñØ -9999ñØ -9999 5 2P 64.179331 9.998988 0 2602ñØ -9999ñØ -9999 5 2F 63.179331 9.999978 0 2602ñØ -9999ñØ -9999 5 2L 63.179331 9.999990 0 2602ñØ -9999ñØ -9999 5 2137 313.822189 6.000000 0( 4001ñØ -9999ñØ -9999 5 24 0.000000 17.500002 03 5102ñØ -9999ñØ -9999 5 21 0.000000 17.500002 03 5102ñØ -9999ñØ -999
Southold Town BOard of Appeal~ -6-
September 16~. 1965
(There followed considerable discussion .as ~to whether or
not the estate had clearltitle to the property,! and what right
the estate had to enter the premises. The .Board was assured by
Mr, Kapp that the estate did,~ in fact~, have clear title to the
property and had been given the approval ofthe Surrogate's
Court for the sale of this property.)
THE CHAIRMAN: I think the Board is in favor of this application.
I certainly am. In this case yourclaim is not'going to be affected
by what we do here. It will not-be prejudiced.
MRSi~ KRAMER: May I askwhat effect this will have on my
house andwhere I am supposed to store my storm windows,; hicycles'~
etc. ?
THE CHAIRMAN: I don"t think this isa question for this Board
to decide.
MRS.~ KRAMER:
garage? Is it?
Is it possible for me under zoning to build a
I'd like to know.
MR~~ KAPP: I don~t see where this is pertinent to the appli-
cation,
THE CHAIRMAN: It isn't.
helpful.
I'm just trying to be courteously
(There was considerable discussion as to the possibilities
of Mrs. Kramerlbuilding a garage. She was advised to submit an
application for a variance, ifnecessary~ and it-would be decided
at-a meeting of the Board 0fAppeals at Some future date.)
After investigation and inspection the Board finds that the
appllcantwishes to divide a lot with insufficient frontage and
area for the purpose of~ settling the estate or'Charles F. Kr~mer
who died in 1952. The' Surrogate's Court has approved the sale
of the property~eferredto in the application.
The Board further finds that it is in agreement with the
reasoning of the applicmntas to the unique hardship~ and that this
sale will not uhange the character of the district,~ ~articularly in
view of the~factthat no new construction is involved in this
application'
Southold Town Board of'Appeals
-7-
September 16, 1965
On motion by Mr. Gillispie~ seconded by Mr. Bergen~ it was
RESOLVED that-Frederic P. Rich, Attorney for the ~Estate of
Charles F. Kramer~! Main Road~' Southold,. New York-be granted 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 ahd'area for the purpose
of settling the estate of.Charles Fi Kramer.
Vote of the Board: Ayes: Mr. Gillispie,, Mr. Bergen~ Mr. Grigonis.
The Board .resumed hearingon Appeal~"Fm~W$795~_ upon appli-
cation ofVail Bros.~ Inc'~ Main Roadand Peconic Lane~ Peconic,
New York~ for'a special exception in accordancewith .the-Zoning-
OrdinanceE Article IV, Section 408~ Subsection (b), for'permission
to erect a wall sign.' Location of Property: n/e corner of Main
Road and Peconic Lane~] Peconic~, New York~ bounded north by
Lillian Al Gozelski,, east by other~land of Vail Bros~ Inc.,. south
by Main Road~ west by Peconic~Lane.
The chairman opened the hearing by reading the applicationz
datedJune 15~- 1965. The Chairman further~reviewedthe applica-
tion and the reasons for erecting the sign.
THE CHAIRMAN: Is there any sign on the used car lot now?
E%~ HERBERT~WR~: No. We have a sign that will come down
when we erect the new one.
THE CHAIRMAN: The reason that we asked for the survey is that
we don-~t have the right to grant permission for signs that-hang
over the State HighwaY- Is that a one or one-and-a-half story
building?
MR%~WELLS: There is a story~up there.
THE CHAIRMAN: There is no sidewalk there,, is there?
MR%~ WELLS: Just concrete, There is a~concrete sidewalk
there for a ways.
THE CHAIRMAN: We have so little to do with sidewalks I'm not
sure whether theyare'State ~roperty or-'not. If you are granted
permission to put this sign up,! you would be placing it over a
sidewalk.
$outhold Town Board of~Appe~ -8- September 16,~'~965
(Mr. Howard Terry~: Building Inspector~ advised that sidewalks
were'State property.)
MR%~ W~T~S: You are correct, We didn-~t realize this until
this afternoon when the surveycame from VanTuyl. Other~tse~ we
would not'have put in the application. Theyhave a smallerver-
sion of the same sign. Wouldwe have to make another application
for that?
T~E CHAIRMAN: If the Board Us willing to do that~ we can
specify that the other sign nothang over the sidewalk.
Mai- WELLS: I assume we would have room to put a smaller sign
in there,
THE CHAIRMAN: What will happen to the other-'~'~ signs?
MR%~WELLS: The sign that overhangs now would be replaced Dy
this sign.
THE CHAIRMAN: You ha~e'two signs there now?
MRj WEV.¥~: We have two signs there now.
THE CHAIRMAN: You have your name on the front-of the building?
MRi~ W~.TJ.S: We used to~ but it's been taken down.
~HE CHAIRMAN: There are height limitations on these things~
too. Do you know how high the presentsign is?
(At this point Mr, Wells presented to the Board a brochure
from General Motors showing different types of signs that could
beerectedon the front of a buildingz including a sm~_!ler one
than the one specified in the original application.)
MR%~ WELLS: If the Board thinks they would go along with the
smaller one~ we would go along with it. Z'm 3ust sorry we
bothered you with it.
(The Chairman then suggested they put'the sign on a p~le,
Mr. Wells said that this could not be done mainly because of
lackof~-space.)
Southold Town Board~ of ~Appek~s
-9--
September 16%/1965
THE CHAIRMAn: What is the thinking of the restof the Board?
BERGEN: I think.that the smaller sign could'get in there.
M~ GRIGONIS: If that survey is taken from the edge of the
State line~ I think you could get it in there.
THE CHAIP/HAN: Is there anyone present Who wishes to speak
against'this application?
(There was no responsel)
THE CHAIRMAN: Any other questions whatsoever?
(There was no response,)
After invesstigationand inspection the Board finds that
the applicant wishes to erect a wall sign to replace the present
overhanging signl The Board lsof the opinion, that-i~&~T~'the
~-p~w-%'~tandardization of this sign in line with the
country-wide General Motors sign program will improve 'the appear~
ance of the,building and is in general agreement with the reason-
ing of the applicant. In the opinion of the Board~ an ample
safety-factor exists in relation to sidewalklines.
On motion by Mr. Grigonis,~ seconded by Mrl Bergen~ it was
RESO~LVED that Vail Bros.~ Inc~ Main Road and Peconic Lane~
Peconic~ New York~ be granted permission to erect~a wall sign
on their building ~ replace the present sign~ The condition for
granting thls ~ ls that the applmcant-use the smaller'of two
General Motors signs. The one beingapproved is 84" by'81~~ and
the replacement.will-not exceed in height the height of the
present overhanging sign.
Vote of the Board: Ayes: Mr. Gillispie,~Mrl Bergen~ Mr. Grigonis.
On motion by Mr. Bergen, seconded by Mr. Grigonis~; it was
RESOLVED to return a check for'~$5o00 to Mr. Clarence
VanDeusen~I Pike Street,' Mattituck~ New
Vote ofthe Board: Ayes: Mr, Gillispie~ Mr. Bergen~,-Mr~ Grigonis.
$outhold Town JBoard of Appe~s
-10- September ' lt_~/1965
~he~Chairman dictated a letter .to Mr,-Robert-A. Leighton~
171 Kensington,Road~ Garden City~ New Yorkz with a cc to Mrl '~
Artemas E. Ward~! Salt Lake~CivicAssociation~ Salt~Lake Village.,
Roch~!l Place~Mattituck~ New York. A Copy 6f this letter is in'
the file on Mr. L~hton~ Appeal' ~794.
On motion by Mr. Bergen,, seconded by Mr. Grigonis~ it was
RESOLVED that the followingAnnual Estimate be submitted to
the Town Board-of the Town of~Southold for the Fiscal Year begin-
ning January-l~ 1966~
Secretarial Assistanceat public hearings
StationeryE form printing.and postage
Library and Subscription to Zoning Bulletin
Advertising of legal notices
$ 250.00
200.00
100.00
looo;oo
100.00
- Telephone
Travel expenses divided.as follows:
1. Estimated expense for three members of
Board to attend Association of Towns meeting
in New York inFebruary $375.00
2~ Estimated expense of~Mro Doyen~ Board
member from~Fishers Island for'.a~tendance
at Board meetings in-Southold $300.00
.3. Estimated tnfavel expense of Board to
Fishers Island $125.00
Total Travel Expense 800.00
Remuneration of Board or,Appeals:' .~.1~ $1250.00 of
which is'remuneration tothe Chairman and the -
balance representing'$1150~00 to each member. 5850~00
Total estimated expenseof~Board offAppeals 8300.00
Total estimated income fromappealapplications 500,'00 ~.
~$~800o~0Q
The Board is still firmly-of the opinion that the fee offal1
applicants to the Board should be increased from'$5o00 to $15100
because or'the increased cost-of the public notices which average
about-S10.00 now that we are advertising in both of the local papers.
Vote of 'the Board: Ayes: Mr'i Gillispie~! Mr. Bergen~ Mr. Grigonis.
Southold 'Town Board of~Appe~s
-11-
September 1%o~ 1965
Itwas further'resolved that a letter be sent to theTown
Board oft he Town of~Southold commending the performance of the
secretaryandr~commending an increase from her present salary
of~$3~600
Vote of the Board: Ayes: Mr, Gillispie.. Mr. Bergen, Mr. Grigonis.
On motion by 'Mr. Bergen~ seconded by Mr. Grigonis. it was
RESOLVED that~the'Southold Town Board of Appeals set 7:30
~'i'D~S,T~)~' Thursda~.September'30~ 1965~ at the Town Office~Main
Road~ South'old~ New York~ as timeand place ofhearing upon appli-
cation of'Lloyd Hamilton~ Love Lanes! M~ttituck~ N. Y~ fora .variance
in accordance with the Zoning~Ordin~ncesArticle III~ Section 303i
and-ArticleX~ Section 1000A, fo~ permission to divide a lot.with
insufficient frontage. Location of property: e/s Bailey Beach Road~
Mattituck~ N.Y.. bounded north by B. Rochard~ east'by'Catullo~'
south by ~therIand ofapplicant~ west by Bailey Beach Road.
Vote of'the Board: Ayes: Mr. Gillispie,i Mr. Bergen, Mrl Grigonis.
On motion by'Mr' Gillispie, seconded by Mr, Bergen~ it was
~OLVED that theSouthold TownBoard of'Appeals set 8:00
(E,D.S'~T'~).. Thursday~ September 30~ 1965® at the TownOffice~ Main
Road.! Sout/~old~ New York.. as time and place of hearing'upon appli-
uati0n' of Rudolph Koubek~! a/cArkays~i Inc.~. Great~River~Road..
Great~River~ N.Y,.. for ~ ~ariance 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: e/s
Kelvin Bl~d,~ Peconic'Bay'Estates,! Greenport. NiY.~! bounded north
by-Pipes Neck-Creek,. eastby other land of'applicant, south by
KerwinBlvd,'~ west'by
Vote of the Board:' Ayes: bir~ Gillispie. Mrl Bergen,3 Mr. Grigoniso
On motion by Mr. Grigonis~ seconded by'Mr, Bergen, it was
RESOLVED that the Southold ToWn Board or'Appeals set 8:15
(E.D.S.T.)~ Thursday~,' September 30~ 1965~ at the Town Office.~ Main
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