Loading...
HomeMy WebLinkAboutZBA-12/05/1968 (2) APPEAL BOARD MEMBERS Robert ~,Y~. Gillisc~i¢, Jr., Chairman Chades Gresonis, Jr. Frzd Huls¢, dr. Southoid Town Board o£ Appeals srlUTHDLD, L. I., N. Y. Telephone SO 5-2(560 MINUTES SOUTHOLD TOWN BOARD OF APPEALS December 5, 1968 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday~ December 5~ 1968~ at the Town Hall, Southold~ New York. There were present: Robert W. Gillispie, Jr., Chairmans Robert Bergen, Fred Hulse, Charles Grigonis. Absent: Mr. Serge Doyens Jr. 3:30 P.M.(E.S.T.), Upon application of North Fork Lions Club of Greenport~ and Rotary Club of Greenports P.O. Box 204s Greenports New York, for a special exception in a~cordance with the Zoning Ordinances Article III, Section 300, Subsection 10, for permission to erect an off premises directional sign on the property of Floyd F. King~ 3r.s Greenport, New York, bounded north by L.I. Sounds east by Ernest Wiggins, south by Main Road, and D. Ripleys west by William J. Pollert. Fee paid $5.00. The Chairman opened the hearing by reading the applicatinn for a special exceptions legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE ~HAIRMAN~ Is there anyone present who wishes to speak for application? MR. HULSE: I would like to say that I was talking to a representative of the Rotary Club, and he planned to be here tonight but he had ~o go ~RMAN: Did he say where he wants to put the sign? $outhold Town Board of Appeals -2- December 5, 1968 HOWARD TERRY~ Building Inspector: They would prefer it between the Island End% signs. THE CHAIRMAN: The Rotary Club is going to erect the stanction and put the Lions Club sign on it. MR. BERGEN: These are not directimnal signs, they are information signs, letting the people ~now these clubs are in the T own. THE CHAIRMAN: They are courtersy signs. MR. BERGEN: I think they are good service clubs and should be recognized. THE CHAIR~t~N: 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 requests permission to erect off premises signs for the Rotary Club and Lions Club. These signs are in the interest of the general public inview of thefact they advise there are such clubs in the community. The signs also advise of the time and place of meeting of these clubs. This sign shall be located between the two present Island End Golf and Country Club signs now located on the premises on the north side of the woad. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was B~[,~ED North Fork Lions Club of Greenport and Rotary Club of Greenport, be granted permission to erect an off premises sign on the property of Floyd F. King~ Jr., north side Route 25, Greenport~ New York~ subject to the following conditions: 1. The sign shall be subject to all subsequent changes in the Southold Town BuildingZone Ordi~ce as it applies to signs. 2. The sign shall be granted for a period of one year~ renewable annually upon written application to the Board of Appeals. 3. The sign shall be located at least five feet from any property line. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigo~is. Southold Town Board of Appeals -3- December 5, 1968 PUBLIC HEP~ING: Appeal No. 1222 - 7:45 P.M.(E.S.T.), Upon application of Rev. Robert C. Haupt~ 52 New Mill Road, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to construct addition with insufficient side yard. Location of property: Lots 73 & 74 of Gardiners Bay Estaees~ east side of private road~ East Marion, New York, bounded north by H.C. Heess, east by Ao g. Vishhauser, ~omth by H.Fo Rossmeyer, west by private road. Fee paid $5.00. The Chairman opened the hearing by reading the applicstion for a var~ nce~ legal notice of hearing~ affidavit attesting to its publication, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? REV. HAUPT: Gardiners Bay Co. must approve all plans for bu~in9 in here. They have reviewed this and they have given approval of it. I have the approval with me if you would like to see it. THE CHAIRMAN: Their requirement is six feet on the side yard? MR. HAUPT: Yes. THE CHAIRMAN:~ This Gardiners Bay Estates is part of the Zoning Ordinanee, I believe. This means that several of the lots do~n there are undersized, as you skated in the application. Obviously, zoning can't change something that has already happened. On the side of the lot where you propose tomake the addition you have 18 feet. On the other side you have 38 feet. How much distance is there between this lot line and the house to the north? 5~. HAUPT: About 30 to B5 feet. THE CHAPMAN: It looked like that to me. Do you use this house yourself? MR. HAUPT: Yes. MR. BERGEN: Do you live there year around? MR. HAUPT: We don't have heat in it as yet. MR. BERGEN: Are there people aroundyou year around? MR. HAUPT: No on that street. $outhold Town Board of Appeals -4- December 5, 1968 THE CHAIRMAN: I think that the only reason that this can be granted is because the lot is undersized. 5~. HULSE: The lot is not undersized. THE CHAPMAN: The lot is 120 feet by 140 feet. If the lot was undersized we could grant a reduction of 50 per cent. MR. BERGEN: Did you by anychance ask your neighbor what he thought about this? MR. HAUFr: Yes. No objection. We had alternate plans and he suggested this would be the best as far as appearance is concerned. It is also more economical to do it this way. THE CHAIRMAN: We are not permitted to consider financial hardship. N~R. HAUPT: My reasin for my request for the variance was the understanding when I built the house that I could build on this way. MR. HULSE: When did you build the house? MR. t{AUPT: In 1954. ~{g CHAIRMAN: At that time there was no zoning requirement. You bought two lots, right? MR. HAUPT: R~ght. THE CHAIRMAN: Across the street from Mr. Haupt there is a lot 50 feet wide that was just sold the other day. On a SO foot lot, held in single and separate ownership prior to the Ordinance, the side yards can be reduced by 50%. It seems a little unreasonable in Gardiners Bay Estates to &sk the applicant to stay a full 10 feet from the side line. There is no real hardship~ there is plenty of room on the lot to build this room. It is just a question of appearance and financial~ which we are not permitted to consider. The people across the street can reduce the side yard by 50%, and you are asking for the same privilege excppt for six feet. Your testimony is that you bought the house with these plans to add onto it. This subdivision is part of the Ordinance. The road can never be made a Town Road. 5~. BERGEN: The fact that Gardiners Bay Estates Company recognizes this and goes along with it, I would go along with it. If it was going to hinder Gardiner Bay Estates they would not approve it. F~. GRIGONI$: I am inclined to go along with this. The Chairman: Is there anyone present who wishes to speak nst this application? (There was no respond.) Southold Town Board ~f Appeals -5- ODecember 5, 1968 After investi9ation and inspection the Board finds that the applicant requests permission to construct an addition with insufficient side yard. The applicant is the owner of two lot s in Gardiners Bay Estates. This subdivision was made part of the Zoning Ordinance in 1957 as the lots in this subd~ision are undersized. Ail undersized lots held in single and separate ownership are automatically granted a 50~ reduction in side yard. The 0ranting of this variance will not harm this area. The Board also points out that the street this lot fronts on will never become a Town road in view of the fact it is too narrow. The Board finds that strict applicati~ of the Ordinance will produce practical difficulties or unnecessary hardship~ the hardship created is unique and would be shared by all properties alike in the immediate vicinity ~ this property and in the same use district; a~d the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gri9onis, seconded by Mr. Bergen, it was RESOLVED Rev. Robert C. ~aupt, 52 New Mill Road, Smithtown, New York~ be 9ranted permission to construct additionx~k~with insufficient side yardm property located east side of private road, East ~'~zimn, New York. Vote of the Board: Ayes:- 5~ Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis. The Hearing on Appeal No.1219, George W. Smith & Sons, a/c J. E. Fontana, was reopened. Smith appeared in behalf of the application. THE CHAIR[,ta2N: Can't this addition be put on the rear of the house. I,~. SMITH: You don't take into consideration aestics, but this can't be put on the rear of the house. I~. BRRGEN: This a~ition is just about one half of what he has there now. THE CHAIRSt~N: The house is pretty small. (Mr. Smith explained the present layout of the house and the proposed addition and explained why it had to be done as was proposed in the application.) THE CHAIRMAN: I don't see anyway we cam 9rant this application. There is plenty Of room in the rear of the property where he could put the additinn. Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -6- December 5~ 1968 After investigation and inspection the Board f~ds that the applicant requests permission to ~r~ construct an adoption to an existing building with reduced front yard setback. The Board finds there is no legal hardship involved in this case. The applicant has ample room to construct an ~ddition in the rear yard of his property, and therefore should~e permitted to encroach on the front yard area. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created ~s not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; the variance does not observe the spirit of the Ordinance and would change the character of the district. On motion by ~. Gillis~ie, seconded by Mr. Hulse~ it was RESOLVED George W. Smith & Sons, Main Street~ 6outhold, New York, afc J.M. Fontana, Chestnut Road, Southold~ New York, be DENIED permission to construct an addition with reduced front yard setback. Vote of the ~ard: Ayes;- 5~r. Gillispie, Mr. Bergen, Mr. Hulse~ Mr. Grigonis. Mr. Thomas Cosello and Mr. Michel Russo appeared before the Board in regard to signs, gasoline station, and reduction in 25% landscaping for the Mattituck Shopping Center. Plans for the shopping center were shown to the Board. Mr. Bergen stated that he would ~bstain from voting on the application for the gasoline service station. Types of signs to be used was discussed at some lenght. The Board indicated they would be willing to go along with a reduction in the requirement of 25% of the area of the shopping center landscape~ so that there could be additi~al parking facilities. Both ~he gasoline service Station and the reduction in landscaped ~rea must come before the Board of Appeals at a public hearin9. The next regular meetin0 of the Southold Town B~ard of Appeals will be ~d at 7:30 P.M., Thursday, January 2, 1969, at the Town Hall, Southold, New York. Southold To~n Board of Appeals -7- December 5, 1968 The Board took up the matter of Appeal ~. 1217, Clifford Tyler. On motinn by ~. Gillispie, seconded by 5~. Grigonis, it was RESOLVED the application of Clifford and Edwina Tyler~ appeal number 1217, which was heard at a public hearing November ~ 7, 1968, for a special exception in accordance with the ZoninO Ordinance~ Article III, Section 308, as it applies to Article IV, for permission to operate a transient trailer camp area be granted for a period of two years. At the end of two years, the applicant may apply for a renewal. The Board of Appeals finds it is their obligation to the Town of Southold to determine after two years , trail period, whether or not this use should be continued. The findings of the Board are, the area to be used is reasonably well buffered by vacant business land, as well as vacant residential land. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse~ ~. Grigonis. The meeting was adjourned. Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town Board of Appeals