Loading...
HomeMy WebLinkAboutZBA-10/21/1971 APPEAL BOARD ME~BER Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grlgonis, Jr. Serge DOyen, Jr. Fred Hulse, Jr. Southolcl Town Board of Appeals SOUTHOLD, L. I,, N.Y. 11~"71 Telephone 765-26~0 MINUTES SOUTHOV~D TO~.~ BOA~.RD OF October 21, 1971 A regular t~eeti~ of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, October 21, 1971, at the Town Orifice, Main Road, 2outhold, New York. There were present: l~essrs: Robert ~;. Gillispie, Jr., Chairman; Robert Bergen and Charles Grigonis, Jr. Absent: Messrs: Fred Hulse, Jr., and ~erge Doyen, Jr. Also o_esent. I~~. Howard Terry, Bmilding _,nspector. ~MYBLiC k~.~R~G: Appeal No. 1470 - 7:30 P.M. upon application of Frank & Gertrude Gehring, Jackson Street, New ~uffolk, New York, For a variance in accordance with the Zonir~ Ordinance, Article iii, ~ection 300, Subsection 6, and Article iii, ~ection 309, For permission to locate accessory bmilding (garage) in front yard area. Locatien of property: south side of Jackson Street, New Su£Folk, New York, bounded northby Jackson Street, east by ~. Marvin, so~th by Peconic Bay, west by J. L. Courior. Fee paid $%.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attestio~ to its publication in the official newspapers, and notice to the applicant. THE Ct~kIRM~: Is there anyone present who wishes to speak For this application? t~i~. ~?~_AA~ GE~qING: The accessory building would have the same setback as that of the adjoining property. The prefabricated ste~I with which we are going to build it comes in 4 foot sections of corrugated roofir~ and siding, 2~~ enar~%eled steel to ~toh the colo~ of the house. Southold Town Board o£ Appeals October 21, 197! TITE CMA~!~N: Does it have any architeet~.ral features? I~. GEHR~NG: It will have a peaked roof, and it will have gutters. It will be s~hrubbed on both sides. We won't have to back out on the street. THE CHA~--q~'~2{: 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 (garag~ in front yard area on the so~th side of Jackson Street, New ~uffolk, New York. The Board finds thatmost residences on the south side of Jackson ~treet facing Peconlc Bay have garages in the front yard area. The findings of the Board agree with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical di££iculties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the i~diate vicinity of this property and in the same use district; and the variance will not change the character o£ the neighborhood, and will observe the spirit of the 0rdinanoe. On motion by I@. Bergen, seconded by Mm. Gr~gon~s, it was R~BOL~ZEDFrank & Gertrude Gebm~ng~ Jackson Street, New Suffolk, New York, be GRANTED permisslou to locate accessory building (garage) in front yard area, as applied for. Location of property: south side of Jackson Street, New ~uffolk, New York. Vote of the Board: Ayes:- Messrs: Gilllspie, Bergen~ Grigonis. F~BLiC ~AR~G: Appeal No. 1469 - 7:45 P.M. upon aoplication of Fred Bohlke, Shipyard Lane, ~gst Marion, New York afc John Bohlke, R.O.W., off east side of Shipyard ~ame, East Marion, New York, £or a variance iu accordance with the Zoning Ordinance, Article iii, Section 30~, for permission to construct private one f~m~ly dwelling with reduced front yard setback. Location of property: private right-of-way off east side of ~hipyard Lane, East ~rion, New York, bounded north by Joe. Cheropowicz, east by Robert Clark, south by L. I. Oyster Farms~ west by Russell H. Reeves. Fee paid $~.00o The Chairlman opened the hearing by reading the application Town Board of Appeals O~tobe~2_, i971 For a variance, legal notice of hearing, aff_~davzt attesting to its publication in the of£ic!a! newspapers, and notice to the applicant. THE ~PiAIR~i%N. Is there anyone present who wishes to speak for this application? (There was no response.) THE C?L~t~N: We did tell M~. Bohlke that it was not necessary for him to appear. This is not an mudersized lot but the depth is a little short. The lot has a frontage of 130 feet. Applicant wishes to set the building lengthwise in order to have a view of the bay from the living room. The hardship is unique because of the depth of the lot. THE C~_EA~i~&~N: Is there anyone present who wishes to speak against this application? (There was no response.) ~ffter investigation and inspection the Board £inds that applicant requests permission to construct one Family dwelling with reduced frontyard setback located private right-of-way offf east side of ~hipyard Lane. The Board £iuds that the lot is not undersized and has a frontage off 130 feet. The findings of the Board are in agreement with the reasouir~ of the applicant that hardship is due to the depth of lot which is the most shallow lot on the right-of-way. The Board finds that strict application of the Ordinance would produce practical di£~ic~ltles 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 ~. Grigonis, seconded by M~. Bergen, it was EESOY~lrED Fred Bohlke, Shipyard Lane, East Marion, New York a/c John Bohlke, R.0.W., off east side of Shipyard L~ne, East Marion, New York, be Glwa~I. TE~ permission to construct private one ~amily dwelling with reduced froutyard setback as applied for. Vote of the Board: Ayes:- Messrs: Gii!ispie, Bergen, Grigonis. Southoid Town Board of Appeai~ PUBLIC klE~LR~G: Appeal upon application of William K~ 0r_enu, New York, for a varia~ 0rdinance~ Att'isle 1-1I, Se6ti~ 309, for permission to locate area with insufficient front northeast corner of Village I~ York, bounded north by J. Ladd east by Oyster Pond Historica~ west by Village Lane. Fee pa~ The Chairman opened the October 21, 197i o. 1471 - 8:00 P.M. (E~D.S.T.) .hz, Village Lane & Fletcher Street, ~ce %n accoraance ~th ~he Zoning .n 306, and ~ticle IZi, ~ection accessory building in front yard 'ard setback. Location of property: ~ne & Fletcher Street, Orient, New y & Oyster Pond Historical Society, · ~ociety, south by Fletcher Street, ~>.uu. .earing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIFd~N: Is there anyone present who wishes to speak for this application? I~. %~I~-.~_~ tfgNZ: I am here to speak for the application. (The Chairman and the Beard discussed the dimensions of the property as indicated on the sketch.) THE CHAIRP~N: Is this building going to be a simulated barn? Yes. it will have cypress siding aud. a cedar roof. THE C~IR_,~: ~Uaen we visited the property it appeared to us that if you put the building back eight feet from the road you would shear some trees. We also thought that in view of the location of the telephone pole it would be difficult to get cars in and out. Is this going to be a garage? ~R. ~NZ: it will be a garage and a storage area. The doors would open on Fletcher Street. It will be two story with no base- merit. THE C~.AIR~N: This would not be objectionable to the Historical Society? ~Z. KAI~Z: i discussed it with them, and i~s. Gilbert suggested that location. THE CMA~w~N: ~Fno lives in the houses across the right-o£- way? I~q. ~1%NZ: They are o%~ned by the Historical Society. There is the old Samuel Vail house, and the home of William C. Conroy. T~ CS~.IRI~L~N: ~;Ye try to have cars back out on their own property rather than on public property. Southold Town Board of Appeals Oct ob~rmi, 1971 (IvL~. Kanz and the Board referred to map of property.) ~. BERGEN: Zt looked to us that you oomld clear your telephone pole if you kept it 24 to 30 feet From the easterly line. ~. K~.NZ: (referring to drawing) This would'be an alternate place but the Historical Eociety chose this place. THE C~I~N: I would like to see a letter from them approving this location. i~hR. RO~T DOUGLAS: John Tuthill and George Latham have okayed it. Ffiq. KAi~TZ: I know they will be very disturbed if the bmilding is moved over closer to the school homse. ~. BERGEN: W~ thought you could cmt out three of the trees. 2~R. DOUGI~S: ~e would be ontop of the cesspool. That point was put in last year, and the cesspool was put in this S umme r. THE CHALw.~.~N: There is a question in n~~ mind about being close to Fletcher Etreet. I~i~. iv~NZ: There is no traffic there. Billy Cormoy and >ir. i~tham are the 0nly ones who drive on it. Mms. Gilbert thought it was considerate that we approached them at all. ~. DOUGLAS: YOU would have to remove the trees if you go back further. They just moved this school house in today and they want that for a scenic setup and, also, it was our feeling that al! of these trees are of value to any water supply. There is only about four feet of water, it rises and falls with the tide. (l~r. Kanz presented to the Board a general description of specifications, and materials list). i¥~. ~Z: ~mr house is 160 years old and I want this to blend in with the whole scene. TB~ CP~A~R~k~t: There will never be another house built in this location. l~q. ROBERT DO0-G~: There are probably a total of four cars a day on that road. THE CHA~R~2~N: Is there anyone present who wishes to speak against this application? Southoid Town Board of Appeals 0ct ober21~ 1971 (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to locate accessory building in front yard area with insufficient front yard setback on the northeast corner of Village ~ne and Fletcher Street, Orient, New York. The findings of the Board are that locating the garage eight feet from the front line of Fletcher Etreet meets with the approval of the Historical Eociety and would not unduly interfere with traffic. This location would save a valuable grove of trees. Therefore, the Board is in agreement 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 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 i@. Grigonis, seconded by I~. Giiiispie, it was R~OLVED William KanZ, Village Lane & Fletcher Etreet, 0rient~ New York, be G~TED permission to locate accessory building in front yard area with insufficient front yard setback ou the northeast corner of Village Lane and Fletcher ~treet, Orient, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Grigonis. FOv3LIC h~ARl~IG: Appeal No. 2472 - 8:1~ P.M. (E~D.S.T.), upon application o£ Charles King, Mill Road, Mattituck, New York, for a variance in accordance with the zoning Ordinance, Article Iii, ~ction 300, Subsection 6, and A~ticle III, ~ction 309, for permission to locate accessory building in front yard area. Location of property: private right-of-way off south side of Mill Road, Mattituck, New York, bbunded north by H. Ackerman, east by E. Fox, south by J. King, west by Creek. Fee paid $~.00. The Chairman opened the hearing by reading the application for a variance, legal notice of b_earing, affldavitattesting to its publication in the official newspapers, and notice to the applicant. TA~ CHAIR~7: Is there anyone present who wishes to speak for this application? (There was no response.) Southoid Town Board of Appeals -7- October 21, 1971 THE CHA~2~: This residence is in a ~B~ Business Dist~icto Before the right-of-way was changed the applicant would not have had to apply for a variance. There are other accessory buildings in that area. The proposed acceasory bmild~ng would be located 25 feet from the new right-of-way. THE C~IRi'~: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to locate accessory building in front yard area located privateright-of-way off south Side of Mill Road, Mattituok, New York. The Board finds that this is a "B~ Business district, that there are other accessory buildings in the area, and that the proposed building would be located 25 feet from the new right-of-way. The Board agrees with the reasoni~ of the applicant. The Board finds that strict application of the Ordinance womld produce practical difficulties or unnecessary hardship~ the hardship created is ~nique and would not be shared by all properties alike in the i~mmediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by >~. Bergen, seconded by ~. Grigonis, it was R~QLFEO Charles King, Mill Road, Mattituok, New York, be GRANTED_Permission to locate accessory building in front yard area located private right-of-way off south side of Mill Road, Mattituck, New York, as aplolied for. Vote of the Board: Ayes:- ~essrs: Gillispie, Bergen, Grigonis. PUBLZC HEARI~G: Appeal No. 1473 - 8:3o P.M. (~.D.$.T.), upon application cz Burr G. ~s, l~azn Road, ~o~tno~d, ~ York ~ Sa~e_ E, & Mad~lzne L. Meel~us, 1~ ~eeks Read, ~or~h Babylon, New York, for a special ~xception in a~cerdance With the Zoning Ordinance, Article Iii, Section 300, ~ubsectiOn ~ (a)~ for permission to re-lnstate use of two (2) family dwelling as a non-co~orming use. Location of property: north si~de of Main Road, ~onthold, New York, bounded north by L. !. Rai~ead, east by N. ~ecthl, ~ou~th by Main Road, west by J. Nierodzik. Fee paid $~.00. Eouthold Town Board of Appeals October 21, 1971 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 newsps~ers, and notice to the applicant. T?~ CHA~N: Is there anyone present who wishes to speak for this application? ~. BURT G. IEWIS: The applicant is a successful farmer in tlme west end, and wants to move out here to farm- not potato~but nursery and flowers. The property has 305 feet on the Main Road. THE CHAI~N: Because of the fact that they are going to have a double hoc_se, the applicant would probably have nO ob- jection to our inserting a restriction. They have sewage, and water spread over 18 acres. THE CHA~i~N: Zt would be possible that he would keep the land and sell the house. ~. ~I~: To the best of my knowledge hs will farm for the rest of his days and pass it on to his son. Most land today is sold to speculators but I have sold other farms and t~ people are still farming. ~at his grandson will do, Z can not guarantee. TP~ CHAdiaN: He would net have to sell the whole thing as a unit. If we set this 1~9.78 feet by 250 feet back, it would be the land that would go with this double house. T~ C~EA~: 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 re-instate use of two (2) family dwelling as a non-conforming use on the north side of Main Road, Bouthold, New York. The Board finds that this dwelling was formerly used as a two family dwelling (since 1951) with separate living units and entrances for first and second floor occupancy, including two separate kitchens, and is located on an 18 acre parcel of land; and that the applicant, s intention is to farm the entire property. The Board finds that the p~blic 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. On motion by ~. Gillisple, seconded ~y ~wL~. Grigonis, it was ~outhoid Town Board of Ai~paals -9- October 21, 1971 RESOL~ Burr Go Lewis, l~ain Road, ~outho!d, New York a/c ~amuel E. & Madeline L. M0elius, l~ ~eeks Road, North Babylon, New York, be GR~TED permission to re-instate use of two (2) family dwelling as a non-conforming use on prOperty located. north side of Main Road, Southold, New York, subject to the following e ondit ions: In the event that the residence is sold separately From the 18,192 acres shown in the Van Tuyl survey of August 3, 1970, smch sale must include 139.78 feet on the Main Road on the course laid out on the previously referred to survey. The west dimension of the proposed lot shall be 250 feet from the Main Road. The northerly boundary of the lot shall be 139.78 feet at right angles to the line, paralleling the westerly line and returning to Main Road. Vote of the Board: ~yes:- Messrs: Gillispie, Bergen, Grigonis. ~. Richard Caplau and I~. i~art Jenson of the Bayvlew Development Corp. d~b/a vzc~o~aMotel an~ Cottages, Bayview Road, Southold, New York had a ~u-~her discusszon with the Board, after the regularly scheduled b_earings, regardir~ the proposed expa~s~on of existing marina. On motion by I~. Bergen, seconded by ~. Grigonis, it was RESOLVED that the minutes of the ~outhoid Town Board of Appeals dated September ~0, 1971, be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by ~. Giliispie, seconded by ~. Bergen, it was RE~OLFED that the next regular meeting of the $outhold Town Board of Appeals will be held at 7:30 P.M., T~rsday, November ll, 1971~ at the Town Office, Main Road, ~outhold, New York. Vote of the Board: ~yes:-Messrs: Gillispie, Bergen, Grigonis. Southold Town Board of Appeals -!0- Oc~tober 21~ 1971 On motion by F~. Bergen, seconded by t~. Grigonls, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M., (~.S.T.), Thursday, November ll, 1971, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Sam Matassa, Island View Lane, Greenport, New York, for a variance in accordance with the Eoning Ordinance, Article III, S~ction 300, Subsection 6, and ~ticle IZI, Eection 309, for permission to locate accessory building (garage) in front yard and side yard area. Location of property: southeast side of Island View Lane, (Pvt. Road), Greenport, New York, bounded north by Adam Pekunka, east by Vera M. ~esson, south by Creek, west by Beatrice McBride~ Vote of the Board: Ayes:- Messrs: Gilllspie, Bergen, Grigonls. On motion by ~. Grigonis, seconded by M_~. Gillispie, it was E~OLVED that the ~outhold Town Board of &ppeals set P.M., (E.~.T.), Thursday, November ll, 1971, at the Town Office, ~lain Road, Southold, New York, as the time and place of hearing upon application of Lawrence J. & Florence Liso, Boisseau Avenue, ~outhold, New York, for a special excsption in accordance with the Zoning Ordinance, Article IIi, ~ection 300, Bubsection ~ (a), for permission to convert existing dwelling into two (2) family ~welling. Location of property: west side o-~ Boisseau Avenue, Southold, New York~ bounded north by Benjamin ~elvin, east by Boisseau Avenue, south by Catharine Grattan, west by Benjamin ~elvin. Vot~ of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. On motion by M~v. Gillispie, seconded by l~ir. Bergen, it was RE~OLVED that the Eouthold Town Board of Appeals set 8:00 P.M. (E.S.T.), Thursday, ~ovember ll, 1971, at the Town Office, Main Road, Eouthold, New York, as the time and place of hearing upon application of ~ervice ~ign Erectors, 120 East 151 Street, New York, New York, a/c Volinski Oldsmobile, Traveler ~treet~ ~outhold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, ~ubsection (b) ~, for permission to ~rect an.on-pre~ises 6 ft. by 6 ft. double- faced projecting wall sign. Location of property: land of Koke Bros., south side of Traveler ~treet, $outhold, New York, bounded north by Traveler ~treet, east by Youngs Avenus, south by Leciht- Terp, west by H. W. Prince. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. ~outhotd Town Board of Appeals -ll- October 21, 1971 REBOLVED that the ~outhold Totem Board oF Appeals Set 8:1~ P.M. {E.S.T.}, Thursday, November ll~ 19?l, at the To~n office, Main Road, ~omthold, New York, as the time and place of hearing upon application o£ Eervice S~gn ~rectors, 120 ~ast lS1 Street, New York, New Tork~ s~e Volinski Oldsmobile, Traveler Street, ~outhold, New York, for a special exception in accordance with the Zoning Ordinance, ~ection 400 (a), for permission to erect an on-premises ground sign with excessive hei~at~ over 6~6~ and excessive height above ground level, over 1~6~. Location~of property: land o£ Koke Bros.~ somth~side o£ Traveler ~tr~et, Southold, New York~ bounded north by Traveler ~treet, east by Young~s Avenue, south by ~eciht-Terp, west by H. W. Prince. Vote of the Board: Ayes:- Messrs: Gi!lispie~ Bergen, Grigonis. The Meez~ng was adjourned at 9.~ P.M. Re spe ct£uily submitted, Marjorle McDermott~ Secretary Southold Town Board off ~ppeals