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HomeMy WebLinkAboutZBA-10/17/1974SoUthold Town Board of Appeals SnUTHOLD, L. I., N.Y. 11971 Telephone 765 2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chdrmn Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals October 17, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, October 17r 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. Absent: Mr. Serge Doyen, Jr. THE CHAIRMAN: On September 12, 1974, it was resolved by the Board of Appeals that a decision on Appeal No. 1940, application of Gary Olsen a/c Zdzislaw Mikolajczyk, be post- poned until 7:30 P.M., October 17, 1974. The Board's actions are related to use of land. GARY OLSEN, ESQ.: I would like to buy the property for a law office. THE CHAIRMAN: It was our Town Attorney's opinion that it could be related to the tenant if you could get a tenant who would not generate too much traffic. This is all related to parking. GARY OLSEN, ESQ.: At the moment there might be too much room for me alone. I would like to rent out some of the space to someone like a CPA, a person who doesn't generate traffic. I want to know if I can use it for myself and I would like room for expansion if I should ever take any partners and it should become a law firm. I am by myself now but I would like to have room to take in partners, and, while I have just one Southold Town Board of Appeals -2- October 17, 1974 secretary now, I might need more in the future. THE CHAIRMAN: I believe this matter should probably be postponed until you come up with an idea of exactly what you want to do. MR. OLSEN: I know what I want to do but I can't foresee what will happen in fifteen years. MR. JACK DRISCOLL: I question whether you have the power to tell any business how many people can be employed in a business zone. I don't Care what Mr. Tasker says. THE CHAIRMAN: He is Counsel for the Town. None of us is a lawyer. If this were granted you would have to have restrictions on how many people or companies can go in there. MR. OLSEN: As I understood it at the time of the first meeting you stated, when we came in for two offices, that it was out of the question unless adequate parking could be met. Any of the permitted use~ under "B" could operate regardless of parking. Suppose I withdraw the application and then take partners in and additional secretaries, would I be served with a summons? MR. FRED HULSE, JR.: You are asking for two offices; you spoke about putting a CPA in. MR. OLSEN: I would like that possibility. If I ever sold it, I would like to have two offices. Suppose we just want to use it for a law firm, would I have to come before the Board? Howard Terry, the Building Inspector, indicated "yes". That's what started the whole thing. MR. DRISCOLL: The only reason why we came in here was that we wanted two offices. MR. OLSEN: I believe that the better approach is to withdraw the application. THE CHAIRMAN: Town Counsel will have to guide ns. I suggest that you withdraw the application. MR. OLSEN: I don't want to "open Up a can of worms". Mr. Terry said that I would need variances on side yards and the rear yard. MR. CHARLES GRIGONIS, JR.: You're not applying for a Building Permit. MR. OLSEN: My own feeling is that it's not necessary. Southold Town Board of Appeals October 17, 1974 THE CHAIRMAN: You are putting in a professional office where previously there was a business office. MR. OLSEN: Mr. Terry took the position that it was non- conforming use for the Telephone Company. THE CHAIRMAN: Originally you thought of two or three offices. That would be non-conforming. MR. OLSEN: I think the application should be withdrawn since it's in the name of someone not involved. We just won't submit again. THE CHAIRMAN: Without prejudice to fuHure applications. MR. OLSEN: I just don't want to get a summons from the Building Department. THE CHAIRMAN: I don't believe you could if you open a law office. MR. OLSEN: Why don't we adjourn the hearing and I'll talk to Mr. Terry. THE CHAIRMAN: We'll also talk to Mr. Tasker. MR. OLSEN: I don't want to present another application if it isn't necessary. THE CHAIRMAN: We will advise you as soon as we hear from Mr. Tasker. MR. OLSEN: I will write a letter to you when you advise me that it is not necessary to come before the Board and I would like it confirmed to the Building Department. On motion by Mr. Giltispie, seconded by Mr. Bergen, it was RESOLVED that hearing on Appeal No. 1940, application of Gary Flanner Olsen a/c Zdzislaw Mikolajczyk, be adjourned without prejudice until after consultation with Town Counsel. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -4- October 17, 1974 PUBLIC HEARING: Appeal No. 1959 - 7:45 P.M. (E~D.S.T.) upon application of Arthur W. Hahn~ Jr., Bay Shore Road, Box 685, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to use property as two building lots with insufficient frontage and area. Location of property: W/S Bay Shore Road, Amended Map of Peconic Bay Estates, Lots 132-136, Greenport, 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 Van Tuyl survey dated September 23, 1974 which shows five 50 foot lots owned by the applicant, Lots 132-136 inclusive, with a depth of 125 feet. The lots are rectangular in shape. Theproposal is to divide these five lots into two lots, each 125' x 125' We also have a copy of the tax map of the area which indicates that the properties on both sides of the street are undersized lots, some are double lots, some appear to be smaller than 50 feet. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: This application would appear to be a justifiable one. The applicant is surrounded by 50 foot lots on both sides of the street and proposes to enlarge the 50 foot lots to 125' each which would be considerably larger than the surrounding lots. 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 ~se property as two building lots, with insufficient frontage and area, on the west side of Bay Shore Road, Amended Map of Peconic Bay Estates, Lots 132-136, Greenport, New York. The findings of the Board are that applicant proposes to create two 125' lots out of ~the present five 50' lots. The Board also finds that ~ots in the surrounding area are considerably smaller than the proposed 125' lots. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -5- October 17, 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 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. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED, Arthur W. Hahn, Jr., Bay Shore Road, Box 685, Greenport, New York, be GRANTED permission to use property as two building lots, as applied for. Location of property: W/S Bay Shore Road, Amended Map of Peconic Bay Estates, Lots 132-136, Greenport, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated October 3, 1974 be approved as submitted subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. For the Record: Joseph Sawicki, North Road, Southold, New York, furnished the Board of Appeals with a survey showing the exact boundaries determinations of his property. PUBLIC HEARING: Appeal No. 1960 - 8:00 P.M. (E.D.S.T.) upon application of Boris T. and Olga Shaskin, 1055 Captain Kidd Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 c. and Article III, Section 100-32 for permission to locate accessory building (garage) in front yard area. Location of property: Map of Captain Kidd Estates~ Lot No. 184~ Mattituck, New York. Fee paid $15.00. Southold Town Board of Appeals -6- October 17, 1974 The Chairman opened the hearing by ~eading the application for a variance, 19gal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The sketch which accompanies the application appears not to be in scale according to our observations when we were there. THE CHAIRMAN: Is there anyone present who wishes to speak for th~s application? (There was no response.) MR. ROBERT BERGEN: We inspected it and I see no reason why we should allow the applicant to extend beyond the house. THE CHAIRMAN: We were non able to locate the cesspools even though they are drawn on the sketch. This 12 foot ex- tension to the building line would be the only one on the street. It would be undesirable. The man across the street has a garage attached to his dwelling. I think this could be attached but if it could not there is a big side yard on the east. There is an adequate rear yard as well as an adequate side yard for an accessory building. 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 locate accessory building (garage) in front yard area of Lot No. 184, Map of Captain Kidd Estates, Mattituck, New York. The findings of the B~ard ~re that applicant has an adequate rear yard and an aGequaue easterly side ¥~md on which to locate an accessory building. It is this Board's opinion that in the absence of a definitive sketch or survey indicating the exact loc~- tion of the cesspools, the garage couldi be lined up with the front building line and attached to the westerly side of the house. It would not necessarily have to be Closer than 6 feet to the westerly side line. The applicant has failed to show any unusual or unique hardship and the Board finds that it would change the character of the neighborhood to permit an accessory building an the front yard area. 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 neighborhood, and will no~tobserve the spirit of the Ordinance. Southold Town Board of Appeals -7- October 17, 1974 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Boris T. and Olga Shaskin, 1055 Captain Kidd Drive, Mattituck, New York, be DENIED permission to locate accessory building (garage) in front yard area, Lot No. 184, Map of Captain Kidd Estates, Mattituck, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1962 - 8:15 P.M. (E~D.S.T.) upon application of Pebble Beach Realty, Inc., 620 Hempstead Turnpike, Elmont, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C, G, D & F for temporary signs of excessIve s~ze. Location of property: State Road, East Mar~on, New York, bounded on the north by L. I. Sound; east by A. Birten; south by Main Road; west by Island's End Golf & Country Club. Fee paid $15.00. The Chairman opened the hearing by readinH 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: Is there anyone present who wishes to speak for this application? MR. J. J. DONOVAN, President: I would like to tell the Board that in no way did we attempt to flaunt any of the regulations of the Town. I came in and talked to Mr. Terry and asked him about signs. I thought I heard him say that the size of the sign should be 4' x 6' The sign man in Cutchogue said they can be 4' x 8' We were going to put one on the road and one further back. He said they have to be 35 feet back. That's how we got 4' x 8' signs. He further said that if we had 500 feet of road frontage we would not need a permit. THE CHAIRMAN: Who told you that? MR. DONOVAN: The sign man told me. We do have 164 acres. I will show you the map. We have one sign located here and the second sign is right here. This is a 200th scale. THE CHAIRMAN: How much frontage do you have? MR. DONOVAN: Well over 500 feet. The day the signs were put up we photographed them. They are both 4' x 8'. They are both temporary signs until we get our road in. They would be out of there next Spring. ~ Southold Town Board of Appeals -8- October 17, 1974 THE CHAIRMAN: The first error is g~qnsize of the signs. They do have to be 35 feet back. MR. D©NOVAN: THat we could correct. THE CHAIRMAN: Knowing what the cost of a sign is today, I would be especially careful to make sure that I am paying for a sign that is legal. That's a nice sign, the coloring and the lettering are very good, but there is no way that I know of that this Board can permit anyone to exceed the size, namely 4' x 6' We have not exceeded the permissible limits according to the Ordinance on a sign of this type, which is informational. You say you have more than 500 feet of frontage.., the only thing that occurs to me is that the original Ordinance stipulated continuous frontage of 500 feet or more. This is one sign per subdivision. I can't understand your reason for putting the other sign at the golf course. Golfers ~hould not be afflicted with signs. This would permit signs around the periphery of any large subdivision. The old Ordinance used to read that you were permitted one sign for 500 feet. MR. DONOVAN: We have no desire to put up any other signs. That was not our purpose. The smgn of the Island End Golf Course ms larger. THE CHAIRMAN: That was carefully worked out many years ago. At that time we were permitting larger signs for certain types of activities for the amusement of the public, such as golf courses. They have a non-conforming use. MR. DONOVAN: We did not do this deliberately. There would be little purpose in that. That sign could just as easily been 4' x 6'. I can't blame anybody but myself. THE CHAIRMAN: I think there is no way out for us. You are permitted one sign, not two; and you can't have a sign next to the golf course. You are permitted a sign on a lot that is for sale, one real estate sign 3' x 4' That relates to individual lots. The one we are talking about is related to your frontage and can not exceed 24 sq. ft. with a setback of 35 feet. I think the Board should insist that this sign should conform in size. MR. DONOVAN: I am not happy with your decision. I don't think it creates any problem there. Southold Town Board of Appeals -9- October 17, 1974 THE CHAIRMAN: It does create problems for us. One of the reasons you are going to have customers for these lots is that this Board literally fought for years to eliminate billboards. The banks and everyone else wanted to put up signs. We have maintained good control by not making exceptions. I am sorry you had this trouble. MR. DONOVAN: I can't blame the Board. I wish you would go along with me until May. If notf I hope you will let me have a month for removal. THE CHAIRMAN: The other sign you.will have to cut up into 4' x 3' signs. You can't have it on the golf course. We have not had anyone come in with this problem before. MR. DONOVAN: We are not going to put up 4' x 3' signs but we are going to put permanent identification up. 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 temporary signs of excessive size on State Road, East Marion, New York. The findings of the Board are tha~ it can not permit any applicant to exceed the permitted size of signs according to the Ordinance. An informational sign of this type may not be larger than 4' x 6' Applicant is only permitted one sign so must remove the sign which is located close to the Island's End Golf Course, and reduce the size of the sign on the road to 4' x 6', as well as setting it back 35 feet from the road. The Board does not agree with the reasoning of the applicant. 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 neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was Southold Town Board of Appeals -10- October t7, 1974 RESOLVED, Pebble Beach Realty, Inc., 620 Hempstead Turn- pike, Elmont, New York, be DENIED permission to maintain temporary signs of excessive size on State Road~ East Marion, New York, as applied for. The sign on State Road may be no larger than 4' x 6' and shall be set back from the road a distance of 35 feet. Also, the sign located adjacent to the Island's End Golf Course shall be removed as applicant is permitted one (1) sign of permissible size according to the Ordinance. The Board agrees to grant aPplicant Thirty (30) Days to comply. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Decision of the Board on Appeal No. 1949 - Wickham & Lark a/c Estate of Marie Vermaelen, Mattituck.. New York: After investigation and inspection the Board finds that applicant requests permission to subdivide lots with in- sufficient width and unapproved access on two of the lots, located on the west side of Bay Avenue, Mattituck, New York. The Planning Board informed the Appeals Board that the Planning Board and the Superintendent of Highways have agreed to approve this minor subdivision providing a variance is obtained for Lot No. 1o The Board of Appeals postponed making a decision on this appeal and on October 3rd at a regular meeting of the Board IT WAS RESOLVED that application of Estate of Marie Vermaelen be sent back to the Planning Board for further clarification by the Planning Board. The Appeals Board suggested that the Planning Board propose a simpler way to provide for a Town easemen~ for drainage water which may occur in the future. A corrected map has now been received and the drainage easement has been marked in as 15 feet rather than the 10 feet which was not satisfactory to this Board. 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- October 17, 1974 On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Appeal No. 1949, Estate of Marie Vermae!en, be approved with respect to frontage of Lot No. 1, as outlined in survey of Minor Subdivision ~for Estate.of Marie Vermaelen (as revised), showing a 15 foot drainage easement located in the area between Lot No. 3 and'Lot No. 4, and be approved with respect to the access requested. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. The Chairman instructed the secretary to write a letter, incorporating the above resolution with regard to the Estate of Marie Vermaelen, to Mr. John Wickham, Chairman of the Southold Town Planning Board, with copy to Mr. Richard F. Lark, attorney for the Estate. The following letter was sent to Mr. Carl Vo Brandebury, Nassau Point Road, Cutchogue, N. Y. on October 18, 1974: "We are in receipt of your application No. 1961 dated October 2, 1974 wherein you propose to place a fence on the public highway and we find, after conferring with Town Counsel, that we have no jurisdiction over lands on the public highway where the applicant proposes to place private structures. Accordingly, we are returning your application and fee herewith." /s/ R. W. Gillispie, Jr. cc: Building Inspector On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the next regular meeting at the $outhold Town Board of Appeals will be held at 7:30 P.M., Thursday, November 14, 1974, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -12- October 17, 1974 On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T.), November 14, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) and Bulk Schedule for permission to construct Body Shop on property with insufficient side line. Location of property: N/S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell; east by A. Goodate; south by Main Road; west by J. O'Connell. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T~), November 14, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Thomas A. Duffey, T.A~D. Auto Sales, Main Road, Cutchogue, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 for per- mission to conduct ~a used car sales business, and special exception to erect a second sign. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; on the east by Marratooka Lane; south by J. Brooks & R. Polhemus; west by Sunset Avenue. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:55 P.M. (E.D.~S.T.), November 14, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Steven Born, Leeward Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and 100-35 for permission to install decorative entrance wall with lighting in front yard area of lots on new Private Road. Location of property: Oregon View Estates, Cutchogue, New York, bounded on the north by lands of applicant; east by lands of applicant; south by Middle Road (CR 27); west by land of applicant~ Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, Southold Town Board of Appeals -13- October 17, 1974 On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.D.S.T.)., November 14, 1974, at the Town Office, Main Road, Southold, New York, as the time and~place of hearing upon application of Robert L. Hyatt a/c Joseph Cornacchia, Skunk Lane (Bay Avenue), Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (3) & 100-32 C for permission to construct accessory building (private garage) in front yard area. Location of property: N/S Skunk Lane (Bay Ave.) & -Peconic Bay, Cutchogue, New York, bounded on the north by Joseph Cornacchia, Jr.; east by Peconic Bay; south by Skunk Lane (Bay Ave.); west by Joseph Cornacchia, Jr. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:25 P.M. (E.D.S.T.), November 14, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Walter G. Kapp, Esq., a/c Louise O. Day, 360 West 22nd Street~ New York City, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot and buildings with insufficient area and width. Location of property: W/S Peconic Lane - N/S Long Island Railroad, Peconic, New York, bounded on the north by other land of applicant; east by Peconic Lane; south by A. Blaschack & Long Island Railroad; west by other land of applicant. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:40 P.M. (E.D.S.T.), November 14, 1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Cynthia Kaminsky, Woodcliff Drive, RFD 1, Box 153, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct building on premises with insuffici- ent setbacks. Location of property: Mill Road, Mattituck, New York, bounded on the north by Mill Road; east by M. Phillips; south by M. Phillips; west by Mattituck Creek (Inlet). Southold Town Board of Appeals -14- October 17, 1974 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:50 P.M. (E.D.S.T.), November 14,m1974, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Craig A. Richter a/c Nickalas Casamisima, 10 Island View, Greenport, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to construct addition to existing dwelling resulting in reduction in side yards. Location of property: 10 Island View Lane, Greenport, New York, bounded on the north by G. Zelinski; east by Creek (Fanning Point); south by C. Krepp; west by R.O.W. Ext. of Island View Lane. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. The meeting was adjourned at 9:30 P.M. Respectfully submitted, PROVED · , ~ r . ar3orle McDermott, Secretary Robert W. Gillispie, Jr., Chairman