HomeMy WebLinkAboutZBA-04/24/1969MINUTES
$OUTHOLD TO~ Bfk~RD OF
April 24~ 1969
A regular meeting of the Southold Tovrn Board of Appeals was held
at ?:30 P.M.~ Thursday~ April 24~ i969~ at the Tov~n Office~ 5~ain Road,
Southold ~ New York-.
There were present: H~ssrs: Robert W. Gillispie~ Jr.~ Chairm~n) Robert
Bergen~ Fred Hulse~ Charles Grigonis~ Jr.
Absent: ~. Serge Doyen~ Jr.
PUBLIC HE~ING: Appeal No. 1238 - 7:30 P.M~(E.S.T.), Upon application
of ~tone. Sepenoski~ Jr., ~;~in Road~ Orient~ New York, for a special
exception in accordance with the Zoning Ordinance, ~ticle III~ Section
300, Subsection i0, for permission to erect 4 ft. by 6 ft. sign on property
of Stanley Rutkowski. Location of property: north side of ~4ain Road, East
Marion: New York, bounded north by Village of GreeRport Water District, east
by A.L.R. Franciso: south by ~4ainRoad, west by right of way.
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~ ~nd notice to the applicant.
~ CH-~I~2q: Is there anyone present who wishes to speak for this
application?
(There was no response.)
Tin~~ CHAI~anN~ Is there anyone present who wishes to speak against
this application?
(There was no respnnse)
T~HE CHAIR?~;~N: How many signs are there for this ~te?
H~A~qD TERRY, Building Inspector: Just the one on the location.
~. BERGEN: Have we given any other signs to people who have road
stands~ other than on the premises?
HOWARD TERRY: You have given permission to have more than one sign.
This happens to be a piece of ~'U" shaped farm land.
(A lenghty discussion was held on whether or not the type of sign
requested by the applicant should be permitted. It was the opinion of the
Board that the reqh~sted sign is not essenti=i to the operation.)
~ Southold Town Board of Ap~als
-2-
1969
After investigation and inspection the Board finds that the aool*~ant
requests permission to erect a farm st~_nd~o~f the premises of where the
farm stsnd is actUally located. The Board finds that the applicant rents
this l~nd where the farm stand is located and other farm land. There are
approximately four or five houses between the proposed sign and the farm
sta~nd. It is the opinion of the Board that a farm stand sign should be
immediately adjacent to the fs~m
The Board finds that strict
produce practical difficulties or
created is not ~nique and would be
i~v~.edimte vicinity of this property
the varicane will not observe the spi~
change the character of the district.
ation ~f the Ordiramce would not
hardship; the hardship
by all properties alike in the
in the same use district; and
of the Ordinance, and will
On motion by Y~. BerGen, seconded by Mr. Gillispie, it was
RESOLVED B~tone Sepenoski, Jr., Main Road~ Orient: New York, be denied
per~ission to erect ~ ft. by 6 ft. sign on the property of Stanley Rutkowki~
located on the north side of Main Road, E~st t~rion, Mew York~
Vote of the Board: Ayes:- Mr. Gi!lispie~ ~wlr. Bergen, ~. Hulse, M~. GriGonis,
PUBLIC HEARING: Appeal No. i2~9 - 7:~5 P.M.(B.S,T,), Upon application of
Armand Bartos, Jr.~ 671 W. 162 Street: Mew York, New York, for approval of
access in accordance with the $tateof N~v York Tova~ Law~ Section 280A, over
the following described private right of way. Location of property: north side
~¢~iDRoad~ East Yi~rion, New York, bounded north by land n~v formerly of D.
Tuthil!, east by lands ~ I. Latham~ Cook, ~nd others, south by MainRoad~ west
by K. Schafer. Fee paid $5.00.
The Chairman opened the hearinG by read~ug the application for approval
of access~ legal notice of hearinG, affidaivt attesting to its publication in
the official newspaper, and notice to the applicant~
The Chairman described the right of way in question.
Th~ CHAI~N: Is there anyone present who wishes to speak for this application?
FLOYD F, KING: JR.: I speak for ~. Bartos. The applicant plans zo put
one family dwelling on that property if this variance is granted.
(Other residents using this right of way in question were discussed.
This right of way has been used for many many years by the residents in here.
It was suggested that if this approval of access was granted it would be
limited to a one family dwellinG,)
THE CPL&I~£~2N: Is there a~vone else present who wishes to speak for
this ~oplication?
(~nere was no response.)
Southo!d To~%u~ Board of Ai~als -B- At~l~l 24. 1969
T~ CHA!P~N: Is there anyone present who wishes to speak against this
application?
IRVING L. PRICE: JR.: ESQ.: i a~ ~n attorney with an office at 2S8 ~4ains
Streets Greenport. I represent Robert J. Long. It is listed as Schafer. ~.
Long is now owner of.that property/ We have been~here b~_fore on the continuing
of a non-conform~uG use~ or the addition of a non-conforming use. On ssnd
and Gravel and transit mix. We c~e ~D here to see if that right of way is
more than 8 1/2 feet.
The right of way is 8 I/A feet on the application.
~. PRICE: D~ter listening to the applications there is a defect in the
appllcation~in that he ask for a variance for the Board of Appeals~ ~%d the
Board of Appeals does not have the power to Gr~ut a variance for approval of
access, The other alternative is for this to be declared ~u open development
area and that is done by the To~ Board. The only power the Planning Board
would have is to recommend this to the Town Board,
T~CHAI~£aLN: The Planning Board would Get this ~opllcation if it was
more than four lots. We have been over this before. The Board of Appeals
has power to do this under the To~
B~. ~RICE: I could be shown this.
(~ne Chairman read from Section 280 A of the To~ 'Law,~ whereby the
Boardof Appeals has the power ~o Gr~t approval of access.~A lenghty
discussion was held on whether or not the Board of Appeals had the right
to act on the application Dot approval of access. It was agreed that
the Board of ~opea!s does have jurisdiction.)
~. LONG: I have heard rumors that the real reason for this application
is to move the East Marion School House onto this property.
TH~ CF~N: ~ybe ~. King can cleared that up.
I~R.. KING: The original.intent was to move the Bast ~;~rion School House.
The acquistion of the Bast ~rion School House was not a provisbn of the
contract of sale. A provision of that sale was that the variance be Granted
to either move a d~e!ting on there or construct a dwelling on there.
_lq~ CHAI~J~N: It doesn't matter where the building comes from.
~. PRICE: There is no decision from the Building Inspector that you
are appealing from.
TP~ C~JtI~WLaRY: The Building Inspector denies approval of_ access under
Section 280A of the 1To%~n
A ·
HOWARD TERRY: That is automa~ti&.
Southold Tova~ Board of ~ als -4- . '<'~
Apr~ 24, 1969
THE CI~I~3~N: If we were to deny him the application, we would be deni~ug
him the use of his property.
~&q. PRICE: I would like to make a couple of more points for the
record. ! still.ob3ect to the procedure here. There is no decision from
and administrative officer, On the record there.is no application for a
building permit that has been denied, Dad we agrue that the Board of Appeals
does not have jurisdiction in this matter, ~o application is before the
Court ~hat has been denied,
THE C~IR~N: Do you have ~uy other papers on this?
HOWARD TERRY: Just what is in the file,
MR. PRICE: The record should sh~%~ there is nothing in there now on April
24th~ at 8:06
TERRY: Denial is automatic in a case like this.
THE CHAI~W: I think you should have papers showing what you have
denied. I think there is no question that the Boardof Appeals has pol~er
'to act on thiso
Certain things ~hould be shown.
MR, PRICE: That it would cause hardship.
THE CPL~IR~5%N: It %~uld be a hardship if he couldn't reach the property.
Is there anyone else present ~£no wishes to spe~k for or against this application?
(There was no response.)
THE C~I~ta2[: Are there any other questions?
(There was no response. )
C~ motion by ~. Gitlispie~ seconded by ~. Hulse~ it was
R~SOLVED that decision on Appeal no, 1239~ Armand Bartos~ Jr.~ 671 W~
162 Street~New York~ Ne~ York be postponed until the .Board of Appeals are
in receipt of the application that has been verbably denied~ which will be
at the next regular meeting of the Board of Appeals.
Vote of the Board: Ayes:- 5~. Giilispie~ ~, Bergen, t~. Hulse~ ~. Grigonis,
Southold Tov~ Board of Appeals
April 24s 1969
~*~, Robert %'~itherspoon appeared before the Board of Appeals for
an informal discussion in regard to directional signs for the To~n of
Southo!d, P~, Witherspoon proposes a sign with a four feet ~.six feet
copy area: and abou~ a four inch border ~around the ~dge, ~ ~ Witherspoon
was advised he should also discuss this plan with the Tov~ of Southold,
A lenGhty discussion was held on the feasibility of such a
PUBLIC P~ARING: Appeal No, 12~0 - 8:00 Po~, (E ,S,T~ ) ~ Upon application
of HedviG P, Terry~ Horton's Lane~ Southo!d~ Nev~ York~ for a variance in
accordance with the ~oning Ordinance: _~rticle ~II~ Section 303~ ~nd P~ticle
X~ and Section 1000A; for permission to use lots.28 & 29~ 25 & 27~ 30
as single ~nd separate lots w, ith less thsn required area, Location of
property: w~est side ~J~ry's Road~ Iv~ttituck~ Nev~ York~ lots number 28 &
25 & 27~ B0 & B1s on 5.L~p No, 577: of Garden i{eights~ ~¥~ttitucks Ne~v York,
motion by ~. GiIlispie, seconded by ]~. Hulse~ it was
RESOLVED this hearing be postponed until the map showing all
properties within 500 feet is recieved~ ~nd until the Board of Appeals
recieves a report from the Suffolk County Piam~ing Comm_ission, It
should be reported to the Suffolk County Planning Commission that the
Board of Appeals is inclined to Go along with this application,
Vote of thc Board: Ayes:- I~, Gil!ispie: ~g~, BerGen~ ~g~, Hu!ses .... ~'~. Grigonis,
motion by ~, GriGonis, seconded by~'.~,~ Gillispie~ it was
P~$OL~D that final approval be given to theapplication of Ellis
Terry~ application no. 1237, dated B~arch 18, 1969.
Vote of the Board: Ayes:- ~r. Gillispie, Y~. Bergen, ~. Hulse~ Mr. Grigonis.
The Board of Appeals took up the application of Lloyd Terry:~ain
Road~Orient~ New York~ for a special exception in accordance with the
Zoning Ordlnance: Article X~ Section iO00A: for per_~ission to reneer a
farm labor c~mp pe~it ~rantedApril As 196~, Location of property: south
side ~ain Road~ Orient: New York~ bounded north by ~{ainRoad: ~st by land
n~g~ or formerly of S, ~oro!eski: south by Bay~ west by ~ Ls. th~,
D~ter investigation m~d inspection the Board finds that the application
requests permission to rene~ a farm l~Dor c~o, The Board finds'that is
neCessary for the applica/%t to expand the facilities of the canko due to
Board ~£ Health requirements, There will be no expansion in the number of
occupants of the camp, A permit for additions~ buildings was Gr~nted last
year, This labor camp permit shall be rene.~ed for a period of one year,
On motionby I~, Gil!ispie~ seconded by ~, Grigonis~ it was
Southold Tovm Boardof Appea~s
-6-
April 2g~ 1969
RBSOL~/~D Lloyd Terry~ Main Road: Orient~ New York~ be gra~nted permission
to renew a farm labor camp permit for a period of one year,on property located
south side ~r~in Road~ ~ient: ~[ew York~ bonded north by
l~d now or formerly of S. Koroleski~ south by Bay, west by
Vote of the ~ard: Ayes:- ~,~. Giiiispie, ~. Bergen: ~. Hulse~ ~, ~i9onis~
~ it was
On motinn by ~. Gii!ispie~ seconded by ~. Hulse~
RESOLVED that the Southo!d Town Board of Appeals set the following
i¥~_nRoad: Southo!d~ New York: as the time
times, at the Town Cffice~ ~ {
and ~zace of hear~g on the fol!o~-ing applications:
7:40 P.M0[EDS.T)~ L~on application of Behrle Outdoor Advertising~ Box
8~5~ Riverhead~ New York~ a/c Herb ~4cCarthy~ General Wayne Lnn: Cedar Beach
Road: Southold~ New York, for a special exception in accords%ce v~th the
%ornkng Ordimance~ Article iV: Section zz08, Subsection (a)~ for permission to
erect aD. off premises directional sign: 2 ft. bp- ~ ft. Location of property:
land of Southold Bayview Corporation: south side of ~in Road and Bayview
Road intersection: Southold, New York, bounded north by i~in & ~inview
Roads, south by H.J. Smith~ west by ~.L~in Road~
7:50 P.M.(E.D,S~T.): Upon application of Behrie Outdoor Advertising:
Box 8~5: Riverhead, NewYork: a/c P~rb ~Carthy: General Wayne inn, Cedar
Beach Road: S°utho!d: New York~ for a special exception in accordance with
the Zoning Ordinance, Y~ticle Iii: Section BO0~ Subsection 10~ for permission
to erect an off premises directional sign~ 3 ft. by 8 ft. Location of
property: land of M. S~czenski, south by ~inRbad~ Southold~ New York: bouned
north by ~in Road: & Surczenski~ east hy Hunter & Lehr, south by Lilii~u
~e~vell ~west by Helen Piokus.
8:00 P.M.(.B.D.$.T.)~ Upon application of Fred K~ttler, Village Lane,
l~kttituck: New York~ for a variance in accordm~ce with the toning Ordinance,
D~ticte III~ Section 305, for permission to construct addition to existing
d%velling with reduced setback~ Location of property: Lot # 22 Village
east side of Village Lane, ~ttituc~ Ne~ York, bounded north ~v private road~
east by Ruland: south by Iv~Bride~ west by Vil!age Lane.
8:20 P.-~I.(E.D.S.T.), Upon application of Greenport Auto Sales, West
Front Street, Greenport, New York, for a special e~ception in accordance
with the Zoning Ordinance, Dzrtic!e IV, Section ~_08~ Subsection (a): for
permission to erect a second on premises ground sign. Location .of property:
south side ~in Road: Greenport, ~ew York, bo-~ded north by ~fain Road: east
by Bro~vn-GiovsmJael!i, south by Railroad ~ west by G!adys ODajko.
8:g5 P~M.(E.D.S.T.), Upon application of Thomas J. Gorman, 2 Oriole Way~
Dix Hills: New York: for approval of access to private right of way in
accordance with the State of New YorkTo%,~m% Law: Section 280A. Location of
property: private right of v.~gy off south side Sound Avenue, P~ttituc, New York~
bounded north by Chas. -Jnderwood~ east by Crescent Way ~?vt. R. O. W. ) south
by ~.Lmrion Smith~ ~mst by Laurel
So~thold Tov~n Board of :als -7- -~ ~ .~il 2A: 1969
Cn motion by ~. Gi!iispie: seconded by t,~. Grigonis: it v~as
~SOLV~D that the m~nutes of the Southo!d To%'~ Board of Appeals:
dated ApriI 3~ 1969: be approved as submitted.
Vote of the Board: Ayes:- ~. Gillispie: i'~. Bergen: ?fr~ Hu!se: ~-~. Grigonis.
motion by~,r.~,~ Gi!lispie~ seconded by l~r. Hulse~ it was
R~SOLVED: due to ~ error in the original legal notice: Pursuant to
Section 267~ubdivision 6 of the T~%~ La~,~ of the State of New York~ on the
Board's motion: a rehearing on Appeal No. 915 - Part 2; uPOn application
of Port of Eygpt Fishing Station~ ~lain Road~ South~ld: New York: for a
special exception in accordance with the ~oning Ordinance~ ~ticle iV.
Section ~08~ Subsection (a)~ for permission to retain a roadside directional
sign on the north siSe ~in Road: Lot #'s !B to 16~ ~p #539 C~L. Sand£ord
Brick Co.: Southo!d~ ~{ew York~ bounded north by L~ I. Railroad~ east by
lfoke: south by Main Road~ west by Oates.
Vote of the Board: Ayes:- ~. Gil!i~e: I;~. Bergen: ~. Hulse: I~. Grigonis.
The meeting was adjourned at tO:iS P.M.
Respectfully submitted: