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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 -2- 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