HomeMy WebLinkAboutZBA-07/08/1965Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5-9660
APPEAL,, BOARD
MEMBERS ~¢
Robert W. gillispie~ Jr., Chairman
Robert Bergen
Charles Greg~ni% .Jr.
Serge~ Doyen, Jr.
Fred Hulse, Or.
__MI_NUTE S
SGUTM~LD TOWN BOARD ~F APPEALS
July 8, 1965
A regular meeting of the SoutholdTown Board of'Appeals
was held at 7:30 p.-M.i, Thursday, July 8, 1965, at the Town
Office, Main Road, $outhold, New York.
There were present: Messrs: Robert-W. Gillispie, Jr., Chairman;
Robert Bergen,~.Fred Hulse, Jr.
Absent: Messrs: SergeDoyen, Jr., and Charles Grigonis, Jr.
PUBLIC HEARING: Appeal No. 784 - 7:30 P.Mj(E.-D.S.T.), Upon
application or'Philip C. Fueller, 180 Willis Avenue, Hawthorne,
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: west side
Bray~Avenue, Mattituck, New York, lot-$54, in the Subdivision
of'G.I. Tuthill, Section I, Mattituck, New York, 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 appli-
cant.
Southold Town Board of Appea~s
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July 8, 1965~-'~
THE CHAIRMAN: Is there anyone present who wishes to
speak in favor of this application?
MR. BERGEN: I will spe~k in favor of ito I think that
it is an improvement on the land. I ~m in favor of passing
the application.
THE CHAIRMAN: Anyone else wish to be heard in favor of
this application?
~There was no response.)
THE CHAIPdWAN: Anyone wish to be heard in opposition to
this application?
CThere was no response.)
After investigation and inspection the Board finds that
the applicant wishes to divide a 50 foot lot in half. This is
lot number 54 in G.~I.~uthill, Section I~ subdivision, in
Mattituck. The applicant is also the owner of lots number
53 and 55 in the same subdivision. These two lots are also
50 foot lots. The applicant wishes to divide lot number 54
in half and then transfer lot number 53 and half of lot number
54 to his neighbor, Carnabuci. The applicant will beep half
of lot number 54 and all of lot number 55 for himself. By
this division the applicant is creating two lots out of three
lots, and thus making each parcel larger. The Board finds
that this division of property will enhance the area by
eliminating one sm~ll undersized building lot. The Board
points out it is desirable and in keeping with the spirit
of the Ordinance to maintain or enlarge building lots
whenever possible.
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 immediate vicinity of this property
and in the same use district; and the variance does observe
the spirit of the O~ee Ordinance and will not change the
character of the district.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED that-PhilipC. Fueller, 180 Willis Avenue, Hawthorne,,r
New York, be granted permission to divide property located on
west side of Bay'Avenue, Mattituck, New York, lot~$54, in the
Subdivision of G.I. Tuthill, Section I, Mattituck, New York.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr° Hulseo
Southold Town Board of App~m~s
-3-
July 8, 196b
PUBLIC HEARING: Appeal No. 785 - 7:45 P.M.(E.D.S.T), Upon
application of~EllenDeMaria, Orient, New York, for a variance
in accordance with the Zoning Ordinance, Article III,. Section
304~ andArticle III~ Section 309, for permission to place an
accessory building in the front yard area. Location of p~-
petty: west side private road, Orient, New York, bounded north
by Belfit-MacDougall, east'by Robertson, south by Beatrice
Eastman, west by Dyer-Tuthill. 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 appli-
cant.
THE CHAIRMAN: Is there anyone present who wiShes to speak
in favor of this application?
MR. DeMARIA: I am in favor of it. You have stated~e~/e~
everything from the application~ It is impossible to place this
building anywhere besides the place indicated because the land
does slope off in all directions.
road.
THE CHAIRMAN: About how close is this located tothe private
MR.~ DeMARIA: I think the closest point is about 30 feet from
the private road.
THE CHAIRMAN: Is there anyone else present who wishes to
speak in favor of this application?
i(There was no response.)
TRE CHAIRMAN: Is there anyone present 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 accessory building in the
front yard area. This accessory building is to be used as
a studio by the applicant. The Board~inds that the front
yardarea is the only feasible location for the building, in
view of the fact that the land slopes off on all sides and in
the rear of the property. The Board also finds that the
applicant is the owner of an odd shaped lot. The Board finds
that the accessory building will be screened from the road
and will not harm the character of the district in any way.
Southold Town Board of'Appe.~ls
-4-
July 8, 196~
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 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.
On motion by blt. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board or-Appeals grant
permission to EllenDeMaria,~ Orient, New York, to erect an
accessory building in the front yard area on property located
west side private road, Orient, New York~ bounded north by
Belfit-MacDougall, east by Robertson, south by Beatrice Eastman,
and west by Dyer-Tuthill~ subject~to the following conditions:
1. The accessory building shall be located no closer than
30 feet to the present private road to the east.
2. The accessory building shall be located at least 30
feet from any other property line.
3. This accessory building shall at no time be used for
any type of business or commercial purposes, including the
display or exhibit of paintings, antiques, or anything of that
nature.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Hulse.
PUBLIC HEARING: Appeal No.-786 - 8:00-P~M,-i(EjD,'SjT.)~ Upon
application of'North Shore ResortAssociation, Greenport, New
York, for a special exception in aceordance with the Zoning
Ordinance, Article III~ Section 300, Subdivisi®n 10, and Article
IV, Section 408, Subdivision (a), for permission to erect a
~ ground sign on property located east side of the. Main
Road, Southold, New York, bounded north by HarryCase~ east
by~L.E. Baker, south by L2E. Baker, west by Main Road, Fee paid
$5. o0.
Southold Town Board of Appe~is
-5-
July 8,. 196g~
The Chairman opened the Nearing by reading application for
special exception~ legal notice of hearing~ affidavit-attesting
to its publicatisn in the official newspaper~ and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
in favor of this application?
~(Mrs. Regina Victoria, owner of Victoriak Motel and
Cottage; and Mr. James P. Kavanagh, owner of'Cresent Beach
Motel, were present to speak in favor of the application.
Both parties are members of the North Shore Resort-Association.$
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 erect a six foot by four foot ~6
sign, which reads "Tourist Information, Drive In", Thissign
is to~W advise the people that information is available in
regard to places to eat, sleep, churches, and places of amuse-
ment. The Board finds that the applicant request permission
to erect this sign from June 1 through October i. The Board
points out that this information center and sign might
to eliminate the need of some businesses for additional off
premises directional signs. It is the opinion of the Board
that this sign is in the interest of the traveling public.
The Board finds thatthe public convenience and welfare
and j~stice will be served and the legally established or
permitted huse of neighborhood property'and adjoining use
districts will not be permanently rot substantially injured
and the spirit of the Ordinance will be observed.
On motion by'Mr. Gillispie# seconded by Mr. Bergen~ it was
RESOLVED that North Shore Resort Association, Greenport,
New York, be granted permission to erect a ground sign on
property located east side of the Main Roadt Southold~ New
York, bounded north by HarryCase, eastbyL. E~ Baker, south
by L.E.' Baker~ and west by Main Road. This permisssion is
granted subject to the following conditions:
Southold Town Bgard of App~fls
-6-
July 8, 196~
1. This sign shall be displayed during the summer season
only, specifically, ~une 1st through October 1st.
2. This sign shall be erected at least five feet ~')
from any property line.
3. Written permission from the property owner fortthe
erection of a sign on the premises must be received by the
Board of Appeals.
4. This sign shall be subject to all rules and regulations
imposed by a change in the Ordinance in regard to signs.
Vote of the Board:- Ayes;- Mr. Gillispie, Mr~ Bergen, Mr. HUlse.
In response to a letter from Msgr. John G. Brennan~ Pastor
Sacred Heart Rectory, the Board of Appeals
RESOLVED to grant to the Cutchogue Sacred Heart-Parish
permission to place a sign on the M~ttituck Church grounds
advertising their annual barbecue to be held July 24, 1965,
on the grounds of Out'Lady of Good Counsel Church, Mattituck~
This sign will be removed from the premises on July 25,
1965.
Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse.
On motion by Mr. Gillispie, seconded by Mr. Bergen~ it was
RESOLVED that the Southold Town Board or'Appeals set 7:30
P.M.'~.D,S~T.), Thursday, July 22, 1965, at the Town Office,
Main Road, Southold, New York, as time and place of hearing upon
application of Odile and Arthur Follenius, 16 Osprey NestRoad,
Greenport, New York, for a variance in accordance with the
zoning Ordinance, Article III, Section 304, for permission to
erect an attached garage with insufficient setback from the
road. Location of property: Osprey Nest Road, lot~$16, Cleaves
Point, Sect~n I~ Greenport, New York.
Vote of the Board: Ayes:-Mr. Gillisp~e, Mr. Bergen~ Mr. Hulse.
Southold Town Board of Appea~S -7- ~
July 8, 1965
Richard Cron~ Esq., appeared before the Board with an
application for Alvin Smith, Mattituck, to build a dwelling
with less than 850 square feet of floor area. This is to be a
temporary ~welling and will be removed or relocated on the
premises in about three .years. The Board did not offer any
opinion on how theywould act on this application.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals set 7:45
P.M.~(E.D.S.T.), Thursday, July 22, 1965, at the Town Office,
Main Road, Southold, New York, as time and place of hearing
upon application of Richard Cron, Esq., a/c H. Alvin Smith,
Mattituck, New York, for a variance in accordance with the
Zoning Ordin~nce~Article X~ Section 1000B, for permission
to erect a dwelling with insufficient floor area. Location
of property: private road off the south side of New Suffolk
Avenue, Mattituck, New York, bounded north by A. HJ Smith-M.
Suter, east by Halls Creek-Paust, south by Peconic Bay~ west
by Martin Suter.
Vote of the Bpard: Ayes:-Mr. Gillispie, Mr. Bergen~ Mr. Hulse.
Peggy Hill, ew~e owner'of Peggy~'s Luncheonette in Mattituck,
appeared before the Board to discuss the possibility of having~
her name put on one of the Town's new sign post. She wanted to
emphasize the fact that she was open at 5:30 in the morning for
breakfast. She would want th~s sign on the County road to
attract the attention of the east bound traffic. The Board
advised her that they were not sure what the procedure was for
the sign post, and that they would contact her when they could
give her some definite information about this new sign program.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the m~nutes of the Southold Town Board of
Appeals dated June 24, 1965~ be approved as submitted.
Vote of the Board: Ayes:-Mr. Gillispie, Mr- Bergen, Mr. Hulseo
The next meeting of the Southold Town Board of'Appeals
will be held at 7:30 P.M.s. Thursday,' July 22, 1965, at the
Town Office, Main Road, Southold, New York.
??ROV£D Me ting ad3ourned at 9:10
Barbara C. Dittmann, Secreta y
'Southold Town Board of Appeals