HomeMy WebLinkAboutZBA-12/19/1974 APPEAL BOARD
MEMBERS
Robert '~'. Gillispie, Jr., Chairman
Robert Bersen
Ch,~rles GrJgoni% Jr.
Serg~ Doyen, Jr.
Fred Hulse, Jr.
MINUTES
Southold Town Board of Appeals
December 19, 1974
A regular meeting of the Southold Town Board of Appeals was
held at 7:30 P.M. (E.S.T.), Thursday, December 19, 1974, at
the Town Office, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr.,
Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse,
Jr. (8:15 P.M.); serge Doyen, Jr.
The decision of the Board on Appeal No. 1975, Gloria
and Edward Jo Praetz, 53750 North Road, Southold, New York,
was postponed at public hearing held December 5, 1974 until
7:30 P.M., December 19, 1974.
THE CHAIRMAN: I believe we have accumulated all the
information necessary to make a decision on this appeal.
The Building Inspector's Notice of Disapproval states that
the applicant needs a front yard variance, Article III,
Section 100-34 and Bulk Schedule.
After investigation and inspection the Board finds that
applicant requests permission to construct addition to dwelling
with reduced setback located at North Road (CR 27) and Beverly
Road, SoUthold, New York. The findings of the Board are that
the area of the lot occupied by applicant's building exceeds
the 20% allowed. Also, applicant has considerably less than
the 30 foot radius requirement at the intersection of a
Private road and County road. An addition to ~the existing
dwelling would further limit visibility.
Soutbold Town Board of Appeals -2-
December 19, 1974
The Board finds that strict application of the Ordinance
would not produce practical difficulties or unnecessary hardship;
the hardship created is not unique and would be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance will change
the character of the neighborheod, and will not observe the
spirit of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Gloria & Edward J. Praetz, 53750 North Road,
Southold, New'York, be DENIED permission to ~o~struct addition
to dwelling with reduced setback, as applied for, for the
reasons stated at the public hearing held December 5, 1974.
Vote of the Board: Ayes:- Messrs: Gillisple, Bergen,
Grigonis, Doyen.
The decision of the Board on Appeal No. 1976, George Ahlers
Builder, Inc. a/c A. & R. Usatch, Nassau Point, New York, was
postponed at public hearing held December 5, 1974 until 7:40 P.M.,
December 19, 1974.
THE CHAIRMAN: The Notice of Disapproval from the Building
Inspector reads as follows: "Disapproved on the following
grounds: Accessory building in front yard area, Article III,
Section 100-30 C and 100-32. The applicant owns two lots,
Lot No. 184 and Lot No. 185. The proposal is to erect a garage
on Lot No. 185; a one car garage in the front yard area.
After investigation and inspection the Board finds that
applicant requests permission to locate accessory building
(garage) in front yard area on the north side of Broadwater
Road, Cutchogue. The findings of the Board are that applicant
is the owner of a long, narrow lot, and that the rear yard
area is subject to flooding. The house is located too close
to the high water line to put the garage behind the house.
The Board agrees with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would 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 ihethe same use district; kand the variance will not
change the character of the neighborhood; and will observe
the spirit of the Ordinance.
Southold Town Board of Appeals -3-
December 19, 1974
On motion by Mr. Grigonis, seconded by Mr. Bergen, it was
RESOLVED, - George Ahlers Builder, Inc. a/c A. & R.
Usatch, Nassau Point, New York, be GRANTED permission to
locate accessory building (garage) in front yard area on
the north side of Broadwater Road, Cutchogue, as applied
for, subject to the ~otlowing conditions:
1. That the garage be located no closer than 10 feet
to the easterly side yard of Lot No. 185.
2. That the garage be located no closer than 100 feet
to Broadwater Road.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Doyen.
On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED tkat the minutes of the Southold Town Board of
Appeals dated December 5, 1974 be approved as submitted
subject to minor correction.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Doyen.
Ten (10) Sign Renewals were reviewed and approved as
submitted.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the next regular meeting of the Southold
Town Board of Appeals will be held at 7:30 P.M., Thursday,
January 9, 1975, at the Town Office, Main Road, Southold,
New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Doyen.
Southold Town Board of Appeals -4-
December 19, 1974
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PUBLIC HEARING: Appeal No. 1979 - 8:00 P.M. (E.S.T.)
n application of Grabie Appliance, Inc., Main Road,
tituck, New York for a variance in accordance with
Zoning Ordinance, Article VII, Section 100-70 and
k Schedule for permission to erect free standing radio
er over the permitted height. Location of property:
n Road, Mattituck, New York, bounded on the north by
n Road (Rte 25); ~ast by De Maula & Keene; south by
f; west by S. Moore & Wf. Fee paid $15.00.
The Chairman opened the hearing by reading application
for a variance, legal-notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: A sketch indicates that the proposed
to~er will be constructed at the rear of the property. The
height will be 40 feet plus. It will be located off the
southeasterly side of the appliance store at the rear of the
lot.
THE CHAIRMAN: Is there anyone ppresent who wishes to
speak for this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
(There was no ~esponse.)
THE CHAIRMAN: Are there any questions?
MR. CHARLES GRIGONIS, JR.: How much is 40 feet plus?
THE CHAIRMAN: I think we should relate it to 55 feet.
The tower and radio have been approved by F.C.C.
After investigation and ~nspection the Board finds that
the applicant requests permission to erect free standing
radio tower over the permitted height. The findings of
the Board are that applicant has located the structure as
appropriately as possible. The Board agrees with the
reasonmng of the applicant.
Southold Town Board of Appeals -5-
December 19, 1974
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by alt
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 neighborhood; and will observe
the spirit of the Ordinance.
On motion by Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED, Grabie Appliance, Inc., Main Road, Mattituck,
New York be GRANTED permission to erect free standing radio
tower over the permitted height on Main Road, Mattituck,
New York, as applied for, subject to %he following condition:
That no part of this construction shall be higher
than 55 feet from ground level.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Doyen.
PUBLIC HEARINH: Appeal No. 1980 8:15 P.M. (E.S.T.)
upon application of James Mulhall, Kenney's Road, Southold,
New York for a variance in accordance with the Zoning
Ordinance, Article III, Section 100-30 C and 100-32 for
permission to erect free standing accessory structure over
35 feet in height. Location of property: Lots 1, 2, 3,
Map Kennewood, W/S Kenney's Road, Southold, New York. Fee
paid $15.00.
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesting to its publication in the official newspapers,
and notice to the applicant.
THE CHAIRMAN: The application is accompanied by a
sketch indicating that the proposed windmill will be at
least 100 feet from Kenney's Road and 15 feet from the
northerly side line of the applicant's southerly side yard.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. JAMES MULHALL: As you know, we live in days of
energy crisis. I am an inventor and have several patents.
I would like to experiment with generating electricity or
pumping water with the type of wind power that was common
to this area some years ago. I need the extra height so
Southold Town Board of Appeals -5~ December 19, 1974
we can make use of the upper winds. I live in a fairly
wooded area, some of the trees there are 50 feet high.
THE CHAIRMAN: I had a windmill with a water tower on
top of it. I don't think I ever used the windmill part of
it. I pumped water up with electricity. We did not attempt
to generate electricity..
MR. MULHALL: Maybe you have read in the papers that
Grumman's wind vane will be geared to a generator. It will
supply electricity for storage batteries. Nobody has in-
vented a generator that will produce 60 cycle current.
I would tike to experiment with a generator, modified so
it could produce 60 cycle current with components. I would
like to erect and gather wind velocity over a period of
time. Wind velocity is anywhere from 16 to 20 miles per
hour. Near the Sound it approaches 20 miles per hour. You
have a long period of calm but some of the 30 knot winds in
the winter make up the average. 120 amps connected in series
would give you power for four or five days- and after that
we would recharge again. They are like heavy duty truck
batteries. These would be ordinary 12 volt batteries
connected in series.
THE CHAIRMAN: You have 50 feet; is that to the top of
the blades or the center?
MR. MULHALL: I have a 40 foot tower that was given
to me and I am going to have 50 feet to the hub of the
blade.
THE CHAIRMAN: I think we would make it 55 feet.
MR. MULHALL: I thought of 8 foot blades or 10 foot
blades.
THE CHAIRMAN: PerhDps we should go to 60 feet.
MR. MULHALL: That would be helpful.
THE CHAIRMAN: How close are you to the Sound?
MR. MULHALL: About a quarter of a mile.
THE CHAIRMAN: Are you going to anchor this in concrete?
MR. MULHALL: Piers of concrete, 4' x 4' x4'
not really gotten to that calculation yet.
I have
Southold Town Board of Appeals -6-
DeCember 19, 1974
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
applicant requests permission to erect free standing
accessory structure over 35 feet in height on the west
side of Kenney's Road, Southold, New York. The findings
of the Board are that the applicant has requested a 50 foot
ste~l tower but that with the experiments he plans to
conduct it may be necessary to go higher. The Board
agrees with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would 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 prope~t~
and in the same use district; and the variance will not
change the character of the neighborhood, and will observe
the spirit of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, James Mulhall, Kenney's Road, Southold, New
York, be GRANTED permission to erect free standing accessory
structure over 35 feet in height on the west side of Kenney's
Road, Southold, as applied for, subject to the following
condition:
That no portion of the structure shall exceed 60 feet.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
PUBLIC HEARING: Appeal No. 1982 - 8:30 P.M. (E.S.T.)
upon application of Suzanne S. Coleman, Montauk Avenue,
Fishers Island, New York for a variance in accordance with
the Zoninq Ordinance, Article III, Section 100-30 C and
100-32 a-~ 100-35 for permission to build accessory building
in front yard area and maintain front yard fence over 4 feet
in height. Location of property: N/S Montauk Avenue,
Fishers Island, New York, bounded on the north by F. I. Farms-
Dawson; on the east by Dawson; south by Montauk Avenue; west
by Union Chapel. Fee paid $15.00.
Southold Town Board of Appeals -7- December 19, 1974
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesting to its publication in the official newspapers,
and notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
(There was no response.)
THE CHAIRMAN: Is there anything to be added to what
is in the application?
MR. SERGE DOZEN: I think the only thing that is missing
is the height of the fence. I think it's 8 feet. I spoke to
Mr. Coleman about this and he said he had an attorney. I
was not aware the home was in his wife's name.
THE CHAIRMAN: How long have these two structures been up?
MR. DOYEN: The fence must have been erected in the
Spring. I don't know about the accessory building. I didn't
know it was there until Howard Terry brought it to my attention.
There is a newspaper, notions, non-precription drug store that
has quite heavy traffic, and there is a children's clothing
shop, close by.
MR. ROBERT BERGEN: Let's make the fence no higher than
8 feet.
MR. DOYEN: It doesn't c~t anyone's view off. It is as
close as permitted to the property line. I thought the
attorney was taking care of this$
THE CHAIRMAN: I believe we should postpone decision on
this until we learn where the fence is and how high it is.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, decision of the Board of Appeals be postponed
on Appeal No. 1982, Suzanne S. Coleman, until 7:30 P.M.,
Thursday, January 9, 1975.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
Southold Town Board of Appeals -8- December 19, 1974
PUBLIC HEARING: Appeal No. 1983 - 8:45 P.M. (E.S.T.)
upon application of Thomas A. Duffey, President, T.A.D.
Auto Sales, Main Road, Cutchogue; New York for a variance
in accordance with the Zoning Ordinance, Article Vii,
Section 170 B, Subsection (4), Subsection (f) for per-
mission to use pre-existing business property surrounded
by residential area. Location of property: Main Road,
Cutchogue, New York, bounded on %he north by Main Road;
east by Pequash Avenue; south by M. Barteau; west by
Fleet Estate. Fee paid $15.00.
The Chairman opened the hearing by reading the
application for a variance, legal notice of hearing,
affidavits attesting to its publication in the official
newspapers, and notice to the applicant.
THE CHAIRMAN: The application is accompanied by an
affidavit signed by Edward W. Fox, as follows:
"I, Edward W. Fox, state that I did conduct an
authorized used car dealership from the premises
located at the southwest corner of Pequash Avenue
and Main Road, Cutchogue, New York, 11935, for
s several yea~s during my operation of garage, gas
station, and fuel oil business."
Dated: December 6, 1974
/s/ Edward W. Fox
The accompanying survey indicates the portion of the
property that is being leased; the bulk of it is being
leased to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. THOMAS A. DUFFEY: I feel that all my business
will be conducted locally, I will be giving employment
to people in the town of Cutchogue. I have already cleaned
it up and cut down the brambles. I hired local people to
do that. All the drums of oil and everything else were '
taken out. That's the way I propose to keep it. I am a
General Motors man, I know my business. The cars will be
placed so you can open both doors of the cars. I may have
12 cars.. I would very much like to have this location if
I may.
THE CHAIRMAN: This is an application to conduct this
type of business within 300 feet of a residential zone.
Southold Town Board of Appeals -9- December 19, 1974
THE CHAIRMAN: Is there anyone present who wishes
to speak against this application?
MR. JOHN MINERVA: I am a resident of Cutchogue, and
President of Fleets Neck Property Owners Association. I
was aware of the fact that Mr. Fox had a gas station. I
don't think he had used cars. He sold cars as they came
in. I don't think it was primarily a used car lot. It
is not 300 feet away from a residential area.
THE CHAIRMAN: That's the reason for this application.
He, Mr. Duffey, had an application in for this type of use,
a special exception, which is really a required exception
as far as this Board is concerned if the applicant meets
the criteria in a "B-l" zone. I~s500' or 600' to the next
garage. There are two applications here. One is Mr.
Duffey~s application to conduct this use and the other,
this one, is to conduct use within 300 feet of a residential
zone.
MR. MINERVA: I don't think it would enhance the
neighborhood. It's all open land. We will have a place
like Valley Stream. I feel it's the beginning of what
happened there. I don't feel this area calls for this
type of business.
THE CHAIRMAN: He proposes to limit the number of cars.
MR. ROBERT BERGEN: I think he asked for 12 or 15 cars.
THE CHAIRMAN: Mr. Duffey doesn't plan to do anything
but handle 12 used cars. The property was used for this
purpose before. He is not going to sell gas and there will
be no repairs done on the property. It will not be like
other used car lots that are in existence.
THE CHAIRMAN: Does anyone else wish to speak against
this application?
MR. ROBERT VANDERBECK: I am a Director of the Fleets
Neck Property Owners Association. I lived in Nassau
County for many years. I have seen that used car lots do
not enhance any area. I think it would be unsightly.
I have not heard anything about strings of lights.
MR. DUFFEY: There will not be any strings of lights.
MR. VANDERBECK: I am a resident of Cutchogue and
have lived here for three years but have been coming out
to Cutchogue for 40 years. I like Cutchogue, I think it
is beautiful. When you come from the west to the east
it is quaint and to come upon a used car lot, it strikes
me, it is no enhancement of the area.
Southold Town Board of Appeals -10- December 19, 1974
THE CHAIRMAN: This is a "B-i" zone. It extends down
Pequash Avenue to the next garage.
DR. ROSENFELD: I live in what was once Dr. Howard's
house. Does that land have access to the Ma~mn Road?
When the gas station was there before they had U-Haul trucks and
access to the Main Road.
THE CHAIRMAN: One of our conditions will be that this
business ahould be conducted at least 35 feet from any property
line. The building looks as if it is 25 feet from the street.
This is the second abandoned gas station that Mr. Duffey has
applied for. He does not want to sell gas. It was his suggestion
that any business would be conducted 35 feet from the front prop-
er~y line which means that cars would be placed 35 feet from any
property line whether it is on Main Road or Pequash Avenue.
DR. ROSENFELD: I am not in favor of this. I have been
coming here since the end of the first World War. When we
came here my wife, who is an artist, thought she would start
a little gallery and we were told we could not. This seems to
me to be an opening wedge.
THE CHAIRMAN: Zoning followed old business uses.
THE CHAIRMAN: Are there any other questions? If not, I
will offer a resolution granting this application.
After investigation and inspection the Board finds that
applicant requests permission to use pre-existing business
property surrounded by residential area on Main Road, Cutchogue,
New York. The findings of the Board are that the use which
applicant proposes has been a pre-existing use for many years
at this location which is situated less than 300 feet from a
residential area. The Board feels that to ~Dhib~t this limited
use of property would, to some extent, deprive the owner of
use of this "B-l" zoned property.
The Board finds that strict application of the Ordinance
would 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 will not change
the character of the neighborhood, and will observe the spirit
of the Ordinance.
Southold Town Board of Appeals -11- December 19, 1974
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales,
Inc., Main Road, Cutchogue, New York be GRANTED permission to
use pre-existing business property surrounded by residential
area on Main Road, Cutchogue, New York, as applied for~
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
Decision of the Board on Appeal No. 1964, Thomas A. Duffey,
President, T.A.D. Auto Sales, Main Road, Cutchogue, New York
was postponed on December 5, 1974 to December 19, 1974.
THE CHAIRMAN: This appeal was for a special exception.
The type of business you are conducting has to be permitted
by special exception. I have since learned that the zone extends
for considerably more than 400 feet. (The Chairman read from
the minutes of December 5th). "The type of business you are
conducting has to be permitted by special exception. The
particular type you are conducting "used car business" along
with garages can not be conducted within 300 feet of a
residential area, and I believe this is zoned 175 feet deep.
I don't believe the zone extends 500 feet or 400 feet."
I think the Ordinance is unduly restrictive because there
is no place you can find "B-l" zone that is not within 300 feet
of a residential area. A more or less arbitrary figure was
set up. This Ordinance has since been revised without giving
due consideration to the fact that this would limit business
zones.
After investigation and inspection the Board finds that
applicant requests permission to (a) conduct a used car sales
business, (b) to erect a second sign on premises located on
Main Road, Cutchogue, New York. The findings of the Board
are that applicant has submitted a revised sketch as requested
by the Board on December 5th, a~d has applied for a variance
concerning the stipulation of the Ordinance "300 feet from
a residential area". The Board finds that this is a pre-
existing use and agrees with the reasoning of the applicant
subject to restrictions.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or
permitted use of neighborhood property and adjoining use
districts will not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
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