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HomeMy WebLinkAboutZBA-05/15/1969Southold Board ppeals D, L. I., N. Tdephon¢SOS~660 APPEAL BOARD MEMBERS Robert ~'. Gillispi¢, .Jr., Chairman Roberi: Bergen Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. SOU~HDLD T~,VN BOARD CF APPEALS May 15, 1969 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, May 15, 1969, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr,, Chairman; Robert Bergen, Fred Hulse, Charles Grigonis, Jr., Serge Doyen, Jr. The Chairman reopened the hearing on ~peai No. 1239, Upon application of A~mand Bartos~ Jr.~ 671 W, 162 Street, New York~ New York~ for approval of access in accordance with the State of New York Tow~ Law~ Section 280A, over the following described right of way, Location of property: north side Main Road, East M~zrion~ New York~ bounded north by land n~v or formerly of. D. Tuthill, east by lands of i. Latham, Cook, and others, south by Main Road, west by BL Schafero TH~CF~IRMAN: We postponed decision on this application at our last meeting, The difficulty was in the ommission of the paper that was the formal denial of access by.the building inspector. We now have the application for the building permit, The location of the road is west side private road, north side ~in Road. The property is now vacant land, the intended~use is a one family dwelling, The estimate cost is $i5~000.00 plus or minus; the dimensions of the structure are 30 feet plus or minus~ by 30 feet plus or minus, by 40 feet plus or minus; it is one and one half story high. The size of the lot is 267 feet in the front; 210 feet in the rear~ and 900 feet deep, The date of purchase is 1969. The applicant has applied for access. The same access was used previously and available to the former owner. The difficulty here is that the first 380 feet of the access is 8 1/4 feet wide~ The res~ 9~f the ace,s% is appzq~imate~y~16 feet3~ide. ~ Southold Town Board of Appeals May 15, 1969 Page -2- TH~CHAIPd~a~W: (Cch't) The application for a building permit was disapproved by the Building Inspector because of lack o£ access. is there anyone present who ~shes to say anything more in connection with this access? FLOYD F. BLING~ JR.: I appear here for ~v~. Bartos. It seems that if a man is going to buy a piece of property he shodd be able to build at least a one family dwelling on it. The former o~mer had this access and now we are going to build a building and it does not meet the requirements at this time. THB CHAIR~AN: Anyone else wish to be heard in comuection with this access? (There was no response.) THM~CPL~Pd~N: Is there anyone present'whowishes to speak against this application? IRVING L. PRICE, JR.~ ESQ.: We don't want to speak agaimst it. We would like some clarification. If we could ask if this access is being granted for just one house on.one lot? THE CP~IRMAN: Yes~ it will be specifically 9ranted on this being used for one single £anily residence over this route. I suppose that any development dov~ there would solve that whole situation down there. The original old road which was used, maybe over 100 years~ is no longer adequate for modern equipment and there are several residences behind this property in 'question. How many residence behind this? ~R, FJ3~G: There are two behind it, ~. PRICE: I don't mean to nit-pick~ this application s~ys on the west side ofright of way, you stated private roa~. It is not a private road~ just a right of way. THE CHAiR~N: That's right~ as I und~stand it. ~R. PRICE: A private road would indicate that the applicant owns it. He does not ow~ it, he just has a right of way over it. TH~ CHAIRM~N: I assu~e it is a private road. I would assume Dorothy Tuthiil owned this. MR, PRICE: You mean the physical location of the house is on a private road? THE CHAIP~4AN: Yes. ~. PRICE: Access is over a right of way. We have no other objections to this other than those heard at the original hearing. THE CHAi~¢~N: Is there anything further on this application? (There was no responses) Southold Town Board ~Appeals ~y 15, 1969 · Page After investigation and inspection the Board finds that the applicant requests permission for approval of access over a private right of way. This access has been in existance for many years, hc~Jever in order for the applicant to obtain a building permit, he must have approval of access from the Board of Appeals. It is the opinion of the Board of Appeals that to deny this application would be to deny the applicant the use of his land. It is a condition of this approval that the property in question should be used as one signle building lot and only ~ne single fsa~ily dwelling shall be erected on this property. The Board finds that strict application of the Ordinance would produce practical diffiolties 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 variance will not change the character of the district and will observe the spirit of the Ordinance. On motion by ~wtr. Gillispie, seconded by b~. Bergen, it was RESOLVED Armand Bartos, Jr., 671 W. 162 Street, New York, New York~ be granted approval of access in accordance with the State of New York Town Law~ Section 280A, on property loCated north side MainRoad~ East Mmrion, New York, as applied for, subject to the condition set forth above. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Hulse, Grigonis, Doyen. PUBLIC HE~RING: Appeal No. 12~$ - 7:40 PoM.(B,D.S.T.), Upon application of Behrle Outdoor Advertising~ Box 8~5~ Riverhead, New York~ a/c Herb McCarthy, General Wayne Inn, Cedar Beach Road, $outhold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a)~ for permission to erect an off premises directional sign, 2 feet byf4 feet. Location of property: land of Southold Bayview Corporation~ south side of Main Road and Bayview Road intersection~ Southold~New York, bounded north by M~in & Bayview Roads, east by Bayview Road, south byHoJ. Smith, west by~in Road. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to itspublication in the official newspaper, and notice to the applicant. THE CHAI~V~N: The sign is two feet by four feet, mounted on posts~ and reads Turn Here, General Wayne Inn. Is there anyone present wishes to speak in favor of this application? Southold Tovzn Board ~v Appeals 3 ~4ay 15, 1969 ~ · Page -4- GLAYDS FfN~ACEK~ (Behri~ Outdoor Advertising): I wou!~ke to ask permission to erect these_ signs,. This. is one. of three th~:~!I,am~.~, askin9 for tonight, They are purely dzrectxonal~smgns~ no advertised, other than the n~me and direction. F~. Cierach~ ov~ner of the 9~ s~ati~n has said that last year he had to give directions to ~uy nu~nber of people who came on his property, This is way off the main road and nobody could find it unless you have some direction. T~ CHAIR24AN: We c~ae down to look at this from Bayview Road. We noticedathat the bushes and plantings were a little high at that particular location, so I th~-zk if this is granted it would be made a condition that the plantings be cut MR, ~RG~N: The plantings should be trimmed down. TH~CHAI~&a_N: Bayview Road is lower where you are c~m~a~g £rom the South. If you located the sign higher~ it v~auld be difficult ~o read. G. POLACE~: Possibly ~¢~. Cierach ~auld do it~ I can't spe~c for him. THBCHAIRA~AN: That would be a condition of granting this application. It w~uld be justified. G. ~OLACE~: I plan to put the sign snuggled in the bushes. ~Q. ~ERG~N: It has to be five feet from each property line. So you would have to.go back aways, G. POI~CE~: Do you underst~d that I hope to put the sign before the bushes in the center of the bushes at the point? TH~ CHAIPJ~N: If you put it in the bushes~ no one wilt see it ·because the bushes a~e four feet high. I think the bushes should be trimmed ~. BERC~EN: They are hazardeous to traffic, G. POLACEK: Would you~ke sn exception and let me put the sign i8 inches from the ground? TH~ CF~IR~igN: Better that than block visibility, The sign should be located 18 inches from the grou~. Is there anyone else present who wishes to speak for this application? (There was no responee,) T~ C~I~;k~N: Is there anyone present who wishesto spe~k a~ainst this.application ? Southold Tow~ Board May 15, 1969 Page Appeals RICPL~RD AJ. BiN: I live just off Baywater Road. I think we realize that when Herb ~cCarthy purchased the General Wayne Inn~ he realized that it was a remote location and that he would suffer some business from it. It detracts from the aestics. I also feel that we will set up precedent. There will be extra traffic that would not ordinarily be going down there. It is a proven fact that road signs not only tend to slow up traffic~ but are hazardeous and cause a good many accidents, I am against this, TN CHAIRMA~N: You say iris a proven fact~ I would be glad to hear whatever material you have on this. MAR. ~BIN: I don't have the fact material with me. There v~s article in Popular Science. ~H~CHAI~¥~%N: This is not an advertising sign, We are the governing body of the Town as far as signs are concerned. 9$e don~t like them any better than anyone else does. There are some 2~000 signs in the Town of $outhold. A gOOd m~uy ~re illegal, We are in the process of getting some of them do%vn. This is something we have had alot of experience with. This To%vn is a rural co~-m~unity, It has been the policy of the Town to encourage directional signs to places to eat, sleep~ places of amusement~ marinas~ parks. We have even in~uded places of worship. People from out of To, wa would not know where these places are~ ~. ~J~BIN: I understand you~ reasoning,' MR. B~RC~EN: That is why we want directional signs.~ The less wording on the sign~ the better it is. If there is too much wording on the sign then the cars ~i!l slc~ up, '' THE CHAIRMAH: This sign in question is a minimum sign, Herb McCarthy doesn't even have his name on it. JO~E~q POTORSKI: This is just a point of information. Is this sign going to be ilI~minate~ .and if so how will it be i!Iuminated~ G. POLACEK: It will have s~O~ch lite. ~ CHAIR~2~: ~yone else wish to speak? (~nere was no response,) After investigation and inspection the Board finds that the applicant v~shes to place a directional sign on land of Southold Bayview Corporation, south side of Main Road and Bayview Road intersection~ $outhold. ~ne applicant has a letter of permission from the property owner for the erection of th~ sign on his property, This sign shall be in the s!%ape of a~ arr~v~ and read Turn Here~ General V~ayne Inn. This sign is in line with the types of signs 9ranted by the Board of Appeals as it is in the interest of the travelling public, Southold Town Board c~-l~Appeals iWay 15, 1969 ~. Page -6- On motion by F~. Gillispie, seconded ~y ~r. Bergen, it was RESOLVED Behrle Outdoor Advertising, Box 845, Riverhead, New York, a/c Herb McCarthy: General Wayne inn, Cedar Beach Road, Southoid, New 'fork, be granted permission to erect an off premises sign on property of Southold Bayview Corporation~ south side ~ain Road and Bayview Road intersection, Southold, New York, subject to the following conditions: 1o The sign shall be no larger than two feet by four feet. 2. The sign shall read: Turn Mere, General Wayne Inn. 4. The sign shall be located at least five feet from any property line. 5. The lower level of the sign shall be located 18 inches from the ground. 6. The shrubbery at the point of intersection of Bay View- Road and Main Road shall not exceed three feet in height, 7. If General Wayne Inn no/~9~erarequires this sign: the permission for the sign and location shall ex~ire. 8. This sign shall be granted for a period of one year, renewable annu~l!y upon written application to the Board of Appeals'. 9. This sign shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it concerns signs. Vote of the Board: Ayes:- ~4essrs:~ Gillispie~ Bergen: Hulse, Grigonis ~ Doyen. PUBLIC HEARING: Appeal No. 12&& - 7:50 P.M.(E&D.S.T.)~ Upon application of Behrle Outdoor Advertising: Box 8A~, Riverhead, New York, ~/c Herb ~;~oCarthy~ General wayne Inn, Cedar Beach% Road, Southold, New York, f0~ a special exception in accordance with the Zoning Ordinance, A~ic!e iII~ Section B00: Subsection 10, for permission to erect an off premises directional sign three feet by eight feet. Location of property: land of M. Surczenski, south side ~in Road, Southold,New York, bounded north by ~ainRoad 7 Suzoczenski, east by. Hunter and Lehr~ south by Li!lian Howell, west by Helen ~{o~s. Fee paid $5.00. The Chairman opened the hearing by reading the application for ~ special exception~ legal notice of hearing, ~affidavit attesting to its pulibcation in the official newspaper: and notice to the applicant. SoUthOld Town Board May 15, 1969 Page -?- Appeas The ~ham_man read the letter of perauission from the property ovmer. This sign reads Herb iw~Carthy, General Wayne inn, Turn right~ THE CI~AIP~N: Is there ~yone present who wishes to speak for this application? G. POLACEK: This is approximately what the ~gn will look like, (showed picture of the sign), it is 3 feet by 8 feet. I might add the mileage on this sign. I haven't asked Herb if he wants the .mileage on it. TP~CI-~I~4AiW: This sign should be three feet from ground level. ~yone else wish to speak for this application? (There was no response,) THE CHAIRMA~N: D~yone wish to speak a~ainst this application? F~. ALBIN: I would like ~o speak against it, Now it seems a directinmal sign has 9ro%,~four tines in size. THE CHAI~kW: We permit 2~ square feet. This sign is three feet by eight feet. M~Q. ALBIN: I don't think it will add anything to the landscape. I noticed coming out east on Route 25, there are three billboards, one in Jam~esport, Mattituck~ and Cutchogue, It seems this will tend into a billboard setup. THE CHA~I,~i&I~-: This type of sign we have permitted and we have fo%~d it necessary.in the area, Part of the economics of the area is in the su~er use of the area. This is in line with the Board's policy giving directional information for the types of places mentioned before, This is in the interest of the traveliin9 public. -Anyone else wish to sp_e~k against this application? PI~ROLD L. S~ITH~ Southold: I am mot speaking in opposition. I would like to ask ~ the Board has come up with the opinion that highway signs can't be served by signs smaller than 24 square feet. It would seem to me that directional signs could be small, serve this.purpose~ s=nd would not be objectional, TP~- C-~IPdV~_N: We have had some test on what a man sees when he is 9oing 50 ~d~H, it isn't an av~ful lot, We have reduced the size of the directional sign, and I think this is the third reduction, (A_lenghty discussion was held .on the signs in SoutholdTo~vn, It was pointed out that only four direc'tionai signs are permitted to one enterprise, The thought of m~<ing directional signs standard for all businesses in Southo!d Town was discussed,) ~{E CHAIR.~N: is there anything else to be said? MR~ PORTOS~I: I ~m not opposed to this sign, I feel there is a need for this type of sign~ Are we getting into advertising onit, N~v he says Herb Mcarthy. Are we getting ~uto advertising, We are talkin9 about direction: or are we advertising Herb ~c Carthy? $outhold T~ Board~< Appeals May 1S, 19o9 .Jr Page -8- THE CHAIR.~i~N: I see'no objection to that. Herb l',~-Carthy is a name well known here. (Again a lenghty discussion was held on signs.) TH~ CF~IR~J~: Is there an~tn~ng else? (There was no response.) After investigation and inspection the Board finds that the applicant request permission to erect a directional sign on the property of M. Surczenski, south side Main Road, Southold, New York. The applicant has the permission of the property owner for the erection of the sign on his property, This sign will be a directional sign to a restaurant. The sign will read General Wayne Inn, Herb ~Carthy, Turn right, Possibly the mileage v~ill be added to this sign. The Board finds this sign is in line with the Board's policy for granting directional signs~ and this sign is in the interest of the travelling public. On motinn by Mr. Giliispie, seconded by M~. Bergen~ it was R~SOLVED Behrle Outdoor Advertising, Box 8~S, Riverhead, New York, a/c Herb ~Carthy~ General Wayne Inn, Cedar Beach Road~ Southo~d, New York, be granted permission to locate a directional sign on the property of M. Surczenski~ south side Main Road~ South~ld, New York~ as applied for~ subject to the following conditions: 1. The sign shall be no larger th~u three feet by eight feet. 2. The sign shall read: Herb McCarthy, General Wayne Inn, Turn Right, (The mileage may be added to the sign.) B. The sign shall be located at least five feet from any property line. The sign shall be located at least three feet above ground level. S. if General Wayne Inn no longer requires this sign, the permission for the sign and location shall expire. 6. This sign shall be granted for a period of one year, renewable annually upon written ~Dplication ~o the Board of Appeals, This sign shall be subject to all subsequent changes in the Southold Town Buildin~Zone Ordinance as it concerns signs. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Hulse, Grigonis, Doyen. South01d Tmon Bo~rd ('¢'Appeals May 15~ i969 Page -9- PUBLIC ~)~RING: Appeal No. 12AB - 8100 P.M.(E.D.S.T.), Upon application of Fred Kettter~ Village L~ne, Y~ttituck, New Yor~, for a variance in accordance with the ~oning ~Jdin~nce, Article III, Section 305, for permission to construct addition to existimg~dweliing with 'reduced setback. Location of property: lot # 25 VillaCe M~nor~ eamt side of Village Lane, Mattituck~ New York, bounded north by private road~ east by Ruland~ south by IWmBride~ west by Village Lane. Fee paid The Chairm~u opened the hearing by reading the application for a variance~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and notice to the applicant. T~C~AIR~_~N. Is there anyone present who wishes to speak for this application? (There was no response.) TP~ CM_~I~4AN: Is there anyone present who wishes to speak against this ~oplication? (There was no response.) THE CHAIRStAN: I will speak against the applic~tio~bbecause this is a violation of the front yard setback as defined in the Zoning Ordinance. The C~zdinance permits a five foot porch and this type of porch the applicant is asking for is eight feet. This is a self imposed hardship/ We have given this man a side yz~rd variance for the garage. This is a flagrant violation of the Zonin~ Ordinance and this porch must be reduced to five feet. ~ter investiDation and inspection the Board finds that the applicant r~quests permission %o reduce the front yard setback by erecting a front porch which will project eight feet. The Zoning Ordinance of the To%~ of Southold per,its a five foot porch~ The Board finds there is no hardship involved. The hardship is a self- imposed haxdship. The Board finds that strict application of the Ordinance will not produce practical difficulties or ~iuecessary hardships the hardship created is not unique and would be shared by ali pro, ties alike in the immediate vicinity of this property and in the s~e use district; and the variance would change the character of the neighborhood~ and would not observe the spirit of the Ordinance. On mot~n by ~. Gil!ispie~ seconded by Mr. Grigonis~ it was RESOLVED Fred F~ttler~ Village Lane~ B~attituck~ New York~ be DEN~D permission to construct a front porch on an existing dwelling on property located east side Village Lane, ~ttituck, New York. This porch must be reduced to five feet projection within 50 days from the date of this action~ Vote of the Board: Ayes:- ~essrs: Giltispie, Bergen, Hu!se, Grigonis~ Doyen~ SouthOld To%wa Board ~']~' Appea!s % ~ay 15~ ' 1969 <~/ · Page -10- PUBLIC P~ARING: Appeal No. 1242 - 8:20 F.M.(E.D.S.T.)~ Upon application of Greenport Auto Sales~ %~est Front Street ~ Greenport ~ Nem' York, for a special exception in accordance with the Zoning Ordinance~ Article IV~ Section 408, Subsection (a), for permission to erect a second on premises ground sign. Location of property: south side i..~in Road~ Greenport, N~v York, bounded north by ~{ainRoad~ east by Brovcn-Giova~nelli~ south by Railroad~ ~est by Gladys Cs~jko~ Fee paid $5.00 The Chairman opened the hearing by reading the application for a special exception~ legal notice of hearing,affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CP~IRP~3LN: Is this a standard Ford sign? the sign Ford puts ~. it is the same color Ford lighted because we are not open nights. (Greenport)J~to Sales): No~ it is similar to It is not TP~ C~IR~&~N: From the east line this is 8~ feet. line with the present sign on the property? That would be in ~. Cf~PBELL: The present sign is on the east side of the property. This is more t~vard the middle. There is a grass spot in front of the building. ~ae sign will be just west of the grass spot. TH~ CP~AI~JkN: Your parking area is not separated from your neighbor is it ? ~. C#2~FBEL~:No, it isn't. THE CqAI~N: Should the property be separated? ~. C~MPBELL: It would not help s~yth~g puttin~ ~p a fence~ THB C~iRY~N: You don't have a sign on the face of the building? 5~,. CAf~PBELL: No. T~ CI~IR~[~&N: Are you willing to forego your sign on the face of the building .at any time? ~. C~'dPBELL: l*C~y should I comprise. I am entitled the use. I don't think it is any easier to get people in my place than to get in General Wayne inn~ They get four signs to get to their place and you are asking me to give up some of the things I am entitled to just to get one sign. THE C~_IP~L~N: You have a good point there. There is certainly need for that sign. B~yone else to speak for this application? (There was no response. ) ~.~ CF~IRb£&N: ~. Hulse~ you are an expert observer of this situation~ do you have ~nything to add? Southold Toyota Board ~l~ Appeals ]~,~ay 15, 1969 Page -I1- ~. HUT~: I have nothing to add other than what he has sa~d~ His building is blocked off. Anyone that wasn't f~iliar with it won't ~qow where to go. It might eliminate a traffic problem ~ we can keep al! the cars going in the same direction. If it stops one accident it will be worth it. RTCPL&RD ALBI_~: How high is the sign from the ground? THE C~J~I~.~N: The application states seven feet~ is that enough? ~. C~BELL: I measured the highest mutt that we sell and this sign has to be above that. The other sign is 15 feet high. The reason that was made that high~ if you ever come up with a law where you can't unload cars on the road I have to 9et a convoy through there. This sign will be ~0 - 50 feet from~the other sign, THE CHAI~t~: How far back from the highway will this sign be? HO~D TERRY: It will be 12 feet from the north line which is the highway line. THE CHAIR~L~: D~e there any other questions? %The. e was no response,) THE CF~a. IR~4~2¢: is there s_nyone present who wishes to speak against this application? (There was no response,) D~ter investigation ~d inspection the Board finds that the applicant requests permission to erect a secon~ ground sign on his business property. The sign will direct people to his service shop located in the rear of the property. ~his p~ice shop is not clearly visible from the highway, In genera!~ the Board is in agreement with the reasoning of the applicant, The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship~ the herdship created is unique and would not be shared by all properties alike in the i~medlate vicinity of this property and in the s~me use district; and the variance will not change the characterof the district and will observe the spirit of the Ordinance, On motion by ~, PIulse~ seconded by ~, Bergen, it wasI RESOL'~D Greenport Auto Sales~ ~Iest Front Street~ Greenport: ~ew York~be ~%A~LC~D permission to erect a second on premises ground sign~ as applied for on property !ocate~ south side b~inRoad~ ~reenport~ New York~ subfect to the following conditions: 1o The sign shall be subject to all subsequent chs~uges in the SoutholdTov,~ Building ~one Ordinance as it applies to signs. 2, The sign shall be granted for a period of one y~.r~ renewable annually upon written application to the ~ard of App~is, Vote of the Board: ~es:- ~" oc. ~ ~- ~oS .... . ~zlils~!e~ ~ergen~Hulse~Grigonis~ Doyen. $outhold Tov~ Board ~ j~opeals May 15~ 1969 Page -12- PUBLIC b~RING: ApPeal No~ !241 - 8:45 P.M.(~,D,S.T.)~ boon application of Thomas J, Gorman~ 2~iole %?ay~ Dix Hil!s~ New York~for approval of access to private right of way in'acco~dance'~ith the S~ate of New York Tov~ La~ Section 280A. Location of property: private right of ~ay off south side Sound Arvenue~ I~ttltuck~ New York~ bounded north by Chas, Under~ood~ east by CrescRnt Way (Pvt, R. 0, W,)~ south by ~zmrion Smith~ west by Laurel:Lake. Fee paid The Chairman opened ~he hearing by reading the application for a variance~ legal notice of hearing~ affidavit attestin~ to its publication in the official newspaper: ~nd notice to the applicant. T~ Ci~AiR~3~: is there anyone present who wishes to spe~< in favor of this Application? CI~LES ~a~:~ ESQ,: I would like to. My n~=~e is Charles Raffe~ I have an office at 747 ~ast_MalniStreet~ Riverhead. I represent ~';~. and 5'~s. Gorr~n. I ~ou!d like to put on. record the general situation concerning title of this property. (~;~. Raffe traced the title of the property from when it was origLla! purchased to the present owner. The parcel in question was formerly o~;~ed by Fafinski) I understand maps have been filed with the Southo!d To~ Pl~u_uing Board showing where the e=~ressway will go~ and this willhhalf the property from Southold Avenue. In addition the Department of Transportation~ Southold To~ Planning Board and the Building Inspector indicate there ~i!l be a service road constructed on the south side of the Long Island Bxpressway with entrance at Aldrich Lane on the ~est ~d later at Sound Avenue~ or Old Smund Avenue on the road that comes into ~attituck~ so that the acess will be much closer. THE CHAIR~/LAN: The access problem will be aiot simplier when that goes through. ¥~en will that be? I~. ~a~FB: I cs~'t say that. As far as the area itself goes, there are six or_eight homes there. The majority are s~m~er homes. The home that is to be constructed~ the building pizuus show it to be 1250 square feet° They intend to use it for a surmner home and it will not change the character of the neighborhood. The use of these roads will be limited because they are only being used in the summer months. (A~ alternative access route was pointed out on the map) Anyone else wish to speak for this application? (There was no response. ) ~Lq. GOP~LAb~: I like the area because of the r~ad. a paved road, i don ~ t want TI~ CPL~IRMJ~: Is there anything else? (There was no response.) Southold Tovrn Boar/ fA.~rea~s~ ~ 3'~-.y 15~ 1969 TP~ CPLAIRr,'DJg: The only way we would grant access over this is to have the access in, roved. I realize that it is difficult to obtain volunteers to join with you to improve the access. It may be' impossible. We have inspected it very carefully today~ ~r, Bergen has been fam~itiar with this for many years. We could not approve the acess the v,?ay it is. It has to be %~-dened to 16 feet~ free and clear. The big trees would have to be removed e~nd cleared in some spots. If this isn't done, we can't approve the access. ?,~:S. GOR~,~{: The camp access isn't any better than our access. They have children in there. That is d~gerous. I~. BERGEN: The camp has a blacktop road. THE CH3kIP~r~,~,~: ~] things pre-existt~.l~e Ordin~,zace. zh_ only thq~ug we c~n be guided by is not to make a situation s~ny worse. We have had this difficulty before with access. They have been improved before they could be used. Doesn't the Tovau have to condem it then? ~. BERGEN: The right of way is 20 feet wide= but it has never been improved. TI-~ C~i~,iAIN: There are some holes that need fi!in9 and brush needs to be cleared back. The problem is that the people don't want to improve it. They like the holes in the road, it keeps hot-fodders out. The acess will have to be i~oroved south of the high tension lines. The right of way would have to be improved subject to the Building Inspectors approval. I~. RA~FE: The right of way has stkfficient width~ THE CI4~IR?~N: Yes~ you are fortunate in that respect. ~. G~: That road is every bit 15 feet wide~ clear. 5~. BERGEN: It is not 15 feet clear. ~. GORSe%N: A ~arbage truck goes in ~nd out of there everyday. %?e have su2umered there for 5 years we no the road. Ti-~ CHA~q?d~N: is there anything further? (There was no response.) Southoid Town Bo~rd o~j-~ppeais ~y 15~ 1969 Page -14- ON ~4otion by ~. Gi!iispie~ Seconded by ~. Hulse~ it was RESO~%~D that decisbn on Appeal No. 12A!~ Thomas H~ Gorman be post-ported for a% least two ~ore meetings of the Board of Appeals, Vote of ~he Board: Ayes:- Messrs: Gillispie~ ~r~en~ Hulse~ Grigonis~ Doyen. PUBLIC P~RING: Appeal No. 1249 - 9:00 p~M.(B.DoS,T.')~ Upon application of Behr!e Outdoor Advertising: Box 845~ Riverhead~ New York~ a/c Herb ~4cCarthy: General Wayne Inn~.Cedar Beach Road~ Southold~ New York: for a special exception in accordance ~ith the Zoning Ordinance~ )~tic!e I!I~ Section 300~ Subsection 10~ for permission to erect an off premises directional sign, Location of proper~y: inter- section of Bayvie~ Road and Baywater Road~ Southold~ New York, bounded north by Bayu~w Road~ east by cer~tery~ south by To~ property~ west by Peter Sarkus~ Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exception~ legal notice of hearing~ affidavit attesting to its pub!ic~tion in the official newspaper~ and notice to the applicant. Tk~ CHAiR~%~N: This is a single face sign~ an arrow to the right so it can be seen from Baywater Road and Bayview Road. i don't think a two face sign would work %here, G. POLAC~J~: If the sign is angled as I have it~ people could see it con. n9 THE CM3~IRM~N: Isn't this sign located on the front G. POLACBK: Yes~ it is in front of the kitchen entrance. She also had many cars stop and ask directions~ TH~CP~IR~3gq: Is there anyone present who wishesto spe~k against this application? How highis this sign? ~H~CHAI~-L~N: This will be three feet. ~. POLACEK: Could it be more than three feet. Could it be at least four or five feet. RIC_~ARD ALBIN: is the arrow trying to give direction for Bay Water and Bayview~ yet. there are ~wo signs coming from the other way. ~{g CH&IP3~: ?~latis the overall sign location? G. POLACEK: This will be the third one. One at the intersection, on at Laughing Water~ and this one. Southold Town Board peals :i%y i5:1969 Page -15- TP~ CPL~I~r~_W: This is not blanketing the area° This is a difficult p!ace~to get to. I think these signs will help the situation. A~yone else wish to.speak against this application? ~ There wa s no responses) ~%fter investigation and inspection the Board finds that the application requests permission to locate a directional sign on the proper~ located arc the intersection of Bayview Road and Baywater Auenue~ Southold. The Board finds that the sign is a directional sign for.General.Wayne Inns This sign is in the interest of the travelling public. Such signs are~granted in line with the Board's policy. on Motion by ~. ~ergen: seconded by ~. Gillispie~ it was F~ESOLVED: Behrle OUtdoor Advertising: Box 8~5~ Riverhead~ New York~ a/c Herb ~cCarthy: General Wayne L~n~ Cedar Beach Road~ SouthOid~ Ne~ York~ be granted permission to erect an off premises directional sign as applied for~ subject to the following conditions: 1. The sign shall be no larger than four feet by six feet. The sign shall be located at least three feet from ground !evel~ 3~ The sign shall be located at least five feet from any property line. 4. ~Tae sign shall be subject to all subseqent changes in the Southold~To~n Building Zone Ordinance, as it applies to signs. S. The sign shall be granted for a period of one year~ renewable annual%y.upon written application to the Board of Appeals, Vote of the Board: Ayes:- ~ ~essrs. Giliispie: Bergen~ Hulse: Grigonis, Doyen. PUBLIC I~-RING: Appeal'No. 12~7 - 9:10 P2~{.(E.D.S.T~), Upon app!ic~tion of Oscar Goldin~ 520 Fourt Street~ Greenport~D-~ew York~ for a variance in accordance with theZoning Ordin~uce~ Article X~ Section i007~ Subsection (e9 and (f)~ for permission to construct addition to non-conforming dwelling. Location of property: south side wiggins Street~ east by Jas. Pirille Estate~ south by ~ary Heaney~ west by ~Adam ~ohnsono Fee paid The Chairman opened the hearing by reading the application for a variance~ legal notice of hearing~affidavit attesting to its publication in the official newspaper~ s~_d notice to the applicant. Southold To~,-ri Board of Appeals I',~y 15, 1969 Page -16- THE CHAIP~{: Is there anyone present who wishes to speak in fa~r of this application? This addition is for a bathroom. I~o GOLDIN: This house existed for many years. ~u out,house was there and they destroyed it. There are no facilities maud the Boardof Health requires they be put in. The only way they can be put in is to add on. BERGEN: I~atis the size of the lot? ~,~q. GOLDIN: It is $0 feet by 80 feet. BERGEN: The lot has one house onit? .~'~.5Q.. C4DLDIN: It has two houses on it. ~g CFJ~IR~N: This is a non-coo_~orming use, two £~ities on one lot. That is the reason you have to come in here to expand a non-conforming HC~JARD TERRY: The Housing Board ~ud the Board of Health is after them to put the facilities in this building, THW~ CPLA_I~: We have to deny the app!icalion on the basis of compounding an error that already existed. This would be expanding a non-conforming use and we would have to deny on that basis. ~. GOLDiN: There is a humsn aspect to tb~s. The Board of Hetath has asked me to put it on. This woman lives here alone and can't find a place to go. The Board of He&lth tells her to go and then we can't find her a place. TP~ CF~{IRM~W: We would have to deny this application. This would compound an existing situation. ~. GOLDIN: I don't think you are making it worse. You are making it better. You are providing facilities for a poor person who did not have them before. THE CHAIPJ.~JgN: Is she on welfare? ~.~. GOLDiN: No, sir. She goes out to work. I have tried to get her another place~. I don~t have anything vacant and no one else has anything vacant. ~-;~. BERGEN: %'&y can't you buy another piece of property and move the dwelling~ so you would have a separate dwelling. ~,~. PORTOSF~: How old is the lady? i,~. GOLDING: ApproxKmately 30 years. Southold Boa=d Appea .s ~ay 15~ 1969 Page ~%7~ ~. GOLDIMG: If I put the house on another lot, it ~ill won't meet the requirements. ~. BERGEN: You would have sufficient area to add onto the building, ~,~. GOLD!~?: The property was non-conforming when I bought it. ~. BERGEN: I am surprised that the Boardof Health lets a person live in there. ~AR,. GOLDIN~:,The Board of Health told me that the wome~ keep it so i~maculate that they wishes that I would fix it up. As i said b~-fore I asked the lady to move. How far apart are the two dwellings? ~. GOLDINC: About i5 feet. TB~CP~I~4D2¢: How big is the house that you propose to add the bath onto? ~, GOLD_~N~: It has two rooms, I would say about 12 feet wide by 20 feet deep~ ~X~ C~iRPR%~: It is under m~uimum standards of Southold To,,a% now. You need 12,$00 square feet of land and 850 square feet of building ~3fea~ ~. GOLDIN: I am not building, it is there. HOWD~D TERRY: For the record, we have tried to get the two buildings attached, have one non-conforming building on the !or: but that didn't work. This is the very last resort to comply with the Housing Board ~nd Board of Health requirements. T~CHAI~: I question whether we can grant this. Th~s is two undersized houses on one undersized }~. GOLDIN: That has been ruled on. It is a non-conforming use and can't do anything about it. TP~ CH~IRM. AnN: We can't exps_ud a non-conform~nguuse. 5~. GOLDIN: ~at you are saying is ~ake it do~. Your attorney told me ~o come to the Board of Appeals. TP~ C~w~%I~N: I will be glad to check with the attorney and find out if we c~u grant this. 5~. GOLDIN: A~e vou telling me that the Board of Appeals has never ~ranted a zoning vari~uceo T~CM3.IR~;J~N: Not of this type, You haven't even completed the application,~ ..A_!i you have is a s~ement you must comply with Board of Hes~th requlrements. We are no~.ooncerned with Bo rd - 1 requirements. In order to !egaAmy granz a varmang% yo~m~%% ~ow ~ Appea 1 s $outhold Tovm Board May 15~ 1969 Page -18- Tn CP~IPd~N, (Con ' to ) unusual or unique hardship. You might be able to show that is unique, nobody has two house on one lot, D~. GOLDiN: I have no alternative but to apply for relief. There are others in the~To~ where there are two houses on one lot. TP~ C~J~RMJ~N. I think you should fill this application out ~nd show unique hardship~ and that the character of the district will not be ohangede ~ GOLDIN: Would you postpone this and let me know when you will have it on the adgenda. THE CH~!~La3{: It will be two or four weeks. On moti°n by Ir=. Gillispie, seconded by Mr. Grig~nis~ it was RESOLVED Oscar Goldin, 520 Fourth Street, Gr~enport~ New York, application be post-poned in order that the Chairm~n may check with the To~m Attorney~ and so that M~. Goldin can properly fill out the application form. Vote of the Board: ~4~es:- ~. Gillispie, Mr. Bergen~ Mr. Hulse~ Grigonis~ ~J. Doyen. P~0BLIC H~ARING: Appeal No. 1248 - 9:25 P.M~(E,D.SoT.)~ Upon application of Gottlieb J~ Nick!es~ M~.inRoad~ ~uthold~ New York~ a/c Joseph and Rose ~aiies~ BayView Road~ Southgid~ New York~ for a varie~ce in accordance with ~heZoning Ordinance~ Article III~ Section 303~ ~nd A~ticie X, Section 1000A, for permission to divide.and set off lot with insufficient frontage. Location of property: east side Ba~viewRoad, Southo!d~ New York~ bounded north by Co ~ S~th, east by J.P. Kowa!aki, south by Pine Neck Road~ west by Bayview Road. Fee paid $5~00~ The Chairman oepend the hearing by reading the application for a variance: legal notice of hearing~ affidavit attestin~ to its pub- lication in the official newspaper, and notice to the applicant. THBCI~iRMAN: Is there ~nyone presen~ who wishes to speak for this application? ~'~S, ~3~RRY DIC~RSON BURNS: I ~-m partners with M~ Nmc_.les. !~r. and ~s. i~i!es~are quit~ elderly and they requested M~. Nickies to divide the ~operty as they don~t feel they w~nt to keep all the property. Some of the neighbors have 75 f~ot lots s~d the home is close to the neighbors and that is why we applied for it. TP~ CHAIRM~N: Do you have a buyer for the other piece of property? 9k~S. BD~NS: No, they ~ave kn~ us for many years and that is why they came to us. Southo!d Tova~ Boardi~ Appeals ~y 15, 1969 Page -19- T~ C~A.I~nN: Is there anyone else who wishes to spe~< for this application?. (There was no response.) TP~CHAIRY~: Is there anyone present who wishes to spe~< against this application? (There was no response. ) THE CH~I~%~N: Is there ~uyone present who has any questions? RIC~RD DJ~B_~: Will it change the zone of the property if it is split?. ~.~, BERC~EN: No, it stays the same zone, THE C~IR!~a~: This has been done by the Board of ~peals in the past.. After investigation and inspection the Board finds that the applicant requests permission to set off~lot with insufficient frontage~ The Board finds this division will be in keep~u~ with the character of the area. It is a condition of granting this v~riance that no side yard, rear yard, or front yard variances will be granted for a building to be constructed on the undersize lot. Also a 15 f6ot side yard should be maintained on the north side of any proposed structure that is built there, The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and w~uld not be shared by all properties a!ike in the i~mediate vicinity of this property and in the s~me use district; and the variance will not change the character of the area; ~ud will observe the spirit of the Ordinance. On motion by ~. Bergen, 'seconded by ~ Doyen, it was RESDLV~D Gott!ieb J. Nickles~ Main Road~ Southo!d, New York, a/c Joseph and Rose ~4ailes~Bayview Road, Southold~ N~York be C~QANTBD permission to divide and set of~ lot with insufficient frontage, as ~oplied for on property located east side Bayview Road~ Southold,New York, subject to the conditions set forth above. Vote of the Bo~ d: Ayes:- l~ssrs: Gil!ispie, Bergen, Hulse~ Doyen. Grigonis did not vote due to conflict of interest. PUBLIC HEARIng: Appeal No. 1250 - 9:~5 P.~*.~(E~D.$,T.}~ Upon application of M.T. Cassella Builders~ Inc., 50~- Walt ?.~Uaitman Road, Huntington,Station~ New York~ for a varis~uce in accordance with the Zoning Ordinance~ Artic~ IV B~ Section A&2-2 as it applies to Article IV, for further reduction in landscape area and increase in parking area for proposed ~ttituck Shopping Center. Location Of property: north east corner of Factory Avenue and Ro-ete 2S, ( ~su~un Road), ~ttituck, I~ev.~ York~ bonded north by Bethany Cemetery Assoc. ~ east by Bethal%y Southold To~%~, Board ~,~y 15~ 1969 · Page -20- Appeals Cemetery Assoc., south by ~,~in Road~ west by Factory Avenue. Fee paid $5.00, The Chairman ~epened the hearing by reading the application for a variance~ legal n~ ice of hearings sffidavit attesting to tis publication in the official newspaper~ and notice to the applicant. THBC~IRD~N: The Boardof Appeals has granted reli~ in action dated January 2~ 1969. The northly side of this property was originally projected to have 80 feet of landscaped area. We reduced the landscaped area on the northerly part, The reason for the variance was to increase the parlcing area. is there anyone present who wishes to spe~c in favor of this application? I~ To CASS~LLA: The reason for this request is to increase the parking and to exhust a~uy possibility of not having adequate parking and have people parking on the public street. And in order to obtain W.T. Grant as a tenant we need to have parking for 600 cars. TP~ CHAIR~W: What did the original application call for in the line of cars? ~. CASSELLA: ~9B cars. TP~ CPLAIRI<~N: This one here sa~vs 31g cars. H~¢~ARDTERRY: That was the origiinai application~ TP~C~I~'~N: l~en you made the first app!ication~ how many cars were involved? ~'~. CASSELLA: As a total there were ~gB cars~ now we want 62B cars. T~ C~JiIR~r'J~.N: ,~{¢~ you want 623 cars. ~.'~Q. CASSELLA: V$nat we want here is to build a shopping center to the benefit of the Tot, an as well as benefit to ourselves. We don't want to build something that will be obsolete . ~%7e don't wan~ the c~rs con~est~g tr~fic on Route 25 ~d Factory Avenue. W.T. Gr~nt will not t~ke a lease ~u!ess ~ have paring for 600 cars. A representative from A & P wanted to attend ton~ht ~dgive his views for A & P . We ~e not tryin~ to 9et away with something. H~WARD T~RRY: The record should show that Mr, Casse!la ~ud Dean went over Factory Avenue and the drain situation today~ THE CHAI~a~: I have a l~ter here from the Southoid T~.~ Planning Board disapproving a f,~rther reduction in landscaping roi this shopping center ~nd stating that the Planning Boardhas always requested a 50 foot buffer strip between business property and a cemetery, A~yone present wish to speak against this application~ Southo!d Town Boar~,_ f Appeals ~:~y 15~ 1969 Page -21- G~LRY FLf~-~R O~N: I am mn attorney with an office at ?gain Road, ~4attituck. I represent th~ ~ttituck i~ierchants Association, We object to t he application for a varia~ceon the following grounds. The variance is no±in harmony with the development of the co--unity. The applicsunt has mlready been Dr~nted a variance to reduce the buffer zone on the north side by the cemetery from 80 feet to ~0 feet. Appara_ntly they want to reduce it to five feet. We respectfully submit they have not shown any hardship and they are ~rying apparantty to do too much in limiied area, They ~uew what the standards were when they cs=me into the community~ and apparantly they are attempting to alter them° If the Tovrn is going to have standards, they should abide by them in order to assure the reasonable growth of the Town, For these reasons~ we requests our objections on the record. ~gainst T~ CHAIR~DJ~: Anyone else wish to speak/fu~ this application. (There was no response,) THE CHAIPJ~JLN: Are there any oth~ questions? (l~nere was no response, ) TI-~ CPL~I~N: I will have to speak against this application as it stands now, ~Our fmrst ~ar~ance gave a reductmon of about 9% of the 25~ landscape area. You will have to have less parkin9 area, or develope another site. We have varied it to some ek-ten~ on the previous variance. It is my opinion that we should not gr~ut this application. I~Sq. C"~SSELLA: Did you say not grant this? T~CIq~IR~anW:-Yes. MR,~ CASSELLA: You are back tothe A0 foot buffer zone? THE CF~I~: Ye s, CASS~LLA. As far as this attorney here, I think that he is being malicious, TI-~ C~IR~@~: I don't think so. I thi~< you have misunderstood him. I don't think.we are governed by.what he Stated. You have already hada reduction in the landscaped area, k~at you are asking for now is a variance on a variance~ and i think that we are going to deny it. MICHBLE RUSSO: Won't you consider this buffer zone? ?~, CASSELLA: Didn't we state in the last meeting in the event that we neededadditional parking that we could come back tothe and the Totem would give us relief. ~CHELE RUSSO: ~ Think MattltuCk consists of 10 stores on one street, ~ are not going to hurt them. We are putting in an A & P and the Post Office: and the Post Office wants to come there. We are not beqqing ~hem to come her ~ W a ~ '~g theatre which this Town needs, we nave over ~U a~es ~ ~n~U~, in a SouthOld Town Board ~Appeals ?~, ~y t5, 1969 '%-~' Page -22- T~ CHAIR~i~N: You have reduced the landscaped area here once, and we may havebeen wrong to reduce it once~ ~$e are not 9oing to co~lpo~l~d an error by doing it again. After investigation ~ud inspection the Board finds that the applicaut requests permission to further reduce the landscape area and increase parking area for the proposed ~'~ttituck Shopping Center, The Board points out that the applicant was 9ranted one reduction in landscaped area on January 2, 1969~ The Board does not feel that a further reductionis justified or in the ~uterest of Southold T~ and keeping the spirit of the Zoning Ordirmce. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and w~uld be shared by all properties alike in the i~ediate vicinity of this property and in the sa~me use district; and the variance will change the character of the district and v~!!not observe the spirit of the ~oning Ordinance. On motion by ~*~. Gi!!ispie, seconded by ~. Hulse, it ~zas RESOLVED that the M.T. Casse!!a Builders, inc.~ 50~ Walt k~itm~n Road, Huntington Station, New York, be DENIED permission to further reduce the landscape area and increase the.parking area for the proposed I~mttituck Shopping Center, as applied for on property loca~d north east corner of Factory Avenue ~ud Route 25 (I~4ain Road, Y~.ttituck New York. Vote of the Board: Ayes:- i~SSRS: Gillispie, Bergea, Hulse, Grigonis~ Doyen~ PUBLIC P~ARIh~: Appeal No./~0 (E~D.S.T.), Pursuant to Section 267 Subdivision 6 of ~the Tow~ Law of the State of New York on the Board's motion~ a rehearing on Appeal No. 915 Part 2; upon application of Port of Egypt Fishing Station, Y~ir~qoad, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section Subsection (a)~ for permission to retain a roadside directional sign on t~e north side Main Road~ Lot #'s lB to 16, ~p #$B9 C. L. Sandford BrickCo~ Southold~ New York, bounded north by L.I0 R~lroad, east by Koke: south by ~in Road, west by Oates. No fee. The Chairman read the ~rigiD~l application and the legal notice of hearing as it concerns this sign~ and the affidavit attestMng to its publication. The Chairman stated that in the original notice the property was not properly described and there_fore the action is defective. The Chair~w~a read the action as it concerns this application~ ~1essrs. bieblein appeared for the application. They contended that the property in question is all one piece of property even thought the road 9oes through the property. The Lieblein obtain their water suppy for thief business fromthis property, Southold To%~ Board a~JjAppeals~-- ~y 15, !969 A very lenghty discussion was held on what type of sign would be epermitted. The possibility of a sign larger th~ four feet by six feet was discussed. The Lieb!iens were advised to make a new application for the type of sign they would want; and meanwhile the Chairman stated he would tried %o Get a ruling on whether or not the property should 'oe considered on giece of property or two pieces of property. ~1 motion by ~,~. Gillispie~ seconded by ~;~. Bergen~it was RESOLVED THAT THE Southold To~¢~ Boarder Appeals uphold it's original decision.on Appeal i~o. 9i5~ dated 1966~ in the case of Port of Egypt sign. ~is resolution corrects the description on the property ~d toca%es the sign on the north side of the ~g~in Road~ and the sign is again hereby denied in this location. Vote of the Board: Ayes:- £~ssrs: Gil!ispie, BerGen~ Hulse, GriGonis, Doyen~ On motion by ~'~. Bergen~ seconded by ~. Hulse: it was ~gSOL~D that the minutes of the Southold T~.~ Board of Appea!s~ dated April 24: 1969: be approved as submitted~ Vote of the Board: Ayes:- ~4essrs: Git!ispie, Bergen, Hu!se~ Grigonis, Doyen. The next regular meeting of the Southold Tovm Board of Appeals will be held at 7:30 P.~., Thursday: Pb.y 29~ 1969, at the T~n Office~ l~in Road~ Southo!d~ New York. The meeting was adjourned at ll:B0 P.~. Respectfully submitted ~