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HomeMy WebLinkAboutZBA-11/16/1972 Southold Town Board Appeals SOUTHOLD, L. I., N. T¢lcphon¢SO5-~6d0 APPEAL BOARD MEMBERS Robert '~'. GilJispi¢~ Jr.~ Robert Bergen Charles Gresonis, Jr. S¢r~e Doyen, Jr. Fred Huls¢, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS November 16, 1972 A regular meeting of the Southold Town Board of ApDeals was · 0 held at ?°3 P.M., Thursday, November 16, 1972, at the Town Office, Hain Road, Southold, New York. There were present: Messrs: Robert W. Giltispie, Jr., Chairman; Robert Bergeu; Charles Grigonis, Jr.; Fred Hulse, Jr. Absent: Mr. Serge Doyen, Jr. THE CNAIRN~N: The decision of the $outhold Town Board of Appeals on Appeal No. 1691, John and Florence Battenfeld, 51 Judson Place, Rockville Centre, New York, was postponed until 7:30 P.M. tonight, November 16, 1972. A public hearing was held on November 2, 1972 for a variance in accordance with the Zoning Ordinance, Article Iii, Section 301, for permission to divide property with less than required width and area. Location of property: south side Peconic Bay Boulevard, Laurel, New York. I have received a telephone call from the attorney of John and Florence Battenfeld asking that the applica- tion for a variance be withdrawn. On motion by N~. Gillispie, seconded by l~---. Bergen, it was RESOLVED that application on Appeal No. 1691, John and Florence Battenfeld, %1 Judson Place, Rockville Centre, New York, be withdrawn as requested without prejudice to the applicant. Vote of the Board: Ayes.-' Messrs: Giltfspie, Bergen, Grigonis, Hulse. ~thold Town Board of Appeals -2- November 16, 1972 PUBLIC HEARi~NG: Appeal No. 1693 - 8:00 P.M. (E.D.~.T.), upon application of George Ahlers, Builder, Inc., 250 Cox Lane, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 600 C, Subsection 3a for permission to erect an oversize sign . Location of property: east side of Cox Lane, Cutchog~e, New York, bounded north by Cox Lane Associates; east by R. Halikias; south ~y Lewis, Thompson and others; west by Cox Lame. Fee paid ~15.00. The Chairman opened the hea~tng by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMANI Is there anyone present who wishes to speak for this application~ MR. GEORGE AHLERS: I am here to speak for the application. MR. ROBERT BERGEN: What is the setback of the building? MR..~HLERS: 35 feet from the property line and 42 feet from the road. We would like to erect this sign parallel with the northwest boundary. We would take the other signs down that we have. THE CH~I~NA.N: We would limit you to a maximam of 81 square lest, and would prefer it to be all on one sign. MR. ~HLERS: (indicating drawing of sign) This is the designer's idea of what would be attractive. THE CHAIRN~N: M~. Bergen has pointed out that one of our concerns is the setback. Normally you are allowed 5 feet. MR. AHLERS: We won't be setting it exactly on the property line. THE CHAIRMAN: You will have to be 5 feet from the other property line, the side line. Do you own the property to the north? MR. ~LERS: That's for sale right now. It's residential. To be 5 feet from the line would take out the parking lot. THE CHAIRMAN: Can't you have some people pa~k in the rear? MR. AHLER~: The building is I foot from the property line. Seuthold Town Board ef Appeals -3- November 16, 1972 THE CHAIRM~N: In m~ opinion it is unfair to the adjoining residential property to go closer than 5 feet. MR. AHLERS: I can live with that. THE OHAIRM~N: Another thing, you could have twelve other things on the side and request a sign for each of them which is wh~ we would want to concentrate everything on one sign. MR. AHLE~S: I am sure we can work something out. MR. BERGEN: It would have to be 5 feet from the side line and 12 to 15 feet back from the road line. THE CHAIREAN: You are putting a sign on a structure. The sqmare footage of your sign can not be over 81 square feet. You have about 8 or l0 feet that you have not used. MR. ~LERE: I think we could get this sign in. We have a good 16 feet to the end of the read. We should be able to keep the sign 15 or 16 feet from the road and 5 feet from the other property. You mean the legal road line? MR. BERGEN: Yes. MR. AHLERS: What would you accept as a minimum? THE CHAIRM~N: 15 feet. MR. AHLERS: The panels are double-faced, each face has a different type of shingle on it. The end ef the sign has to be at least 15 feet in from m~ marker. THE C~mAIRMAN: The roof projection shall not be more than 3 feet. (There was a further discussion of side yards between Ahlers and the Board). I~R. AHLERS: We have a bank that slopes down and we plan te plant thatarea. THE CHAIRMAN: Are there any ether questions? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Town Board of Appeals -4- November 16, 1972 After investigation and inspection the Board finds that applicant requests permission to erect an oversize sign on premises located on the east side of Cox Lane, Cutchogue, New York. The Board 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. On motion by ~. Bergen, seconded by Mr. Hulse, it was RESOLVED George Ahlers, Builder, inc., 250 Cox Lane, Cutchogue, New York, be GRANTED permission to erect an ever- size sign on premises located on the east side of Cox Lane, Cutchogue, New York, subject to the following conditions: That the sign shall be ne closer than 15 feet to the property line to the west. That ne part of the sign shall be closer than 5 feet to the property line to the north. That the applicant shall combine the two signs on this display structure to make one sign no larger than 81 square feet in area. That applicant be granted permission for a 3 foot roof overhang. That applicant shall be permitted to display building materials on panels which will be erected on the balance of the structure. Vote of the BOard: ~yes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1694. - 8:20 P.M. (~E.~D.S.T.) upon application of George Ahlers, Builder, Inc. s/c/A. J. Armstrong, Nill Creek Drive, ~outhold, New York, for a variance in accordance with the Zoning Ordinance, Article III, ~ection 300 0-3, and Section 302, for permission to put accessory building in front yard area. Location cf property: south side of Mill Creek Drive, Southold, New York, bounded $cuthold Town Beard of Appeals -5- November 16, 1972 north by Mill Creek Drive; east by R. Mullen; south by Arshamomaque Creek; west by N. Straus. Fee paid $15.00. The Chairman opened the hearing 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 CHAIRMAN: Is there anyone present who wishes to speak for this applicstion? MR. GEORGE AHLER~: The house is close to the water. I think it would be impossible to put the garage to the rear. THE CHAIRMAN: I assume there is a picture window. MR. AHLERS: Yes. We are not going to connect the garage. THE CHA~: (Referring to sketch) There seems to be a sharp drop. Does M~. Armstrong own property on the other side of the creek? MR. AHLERS: No. He has a short distance at the back and then it drops off. It's a single car garage, existing slab, 14t x 21'. ~,~. HUI~1~: How far is it from the property line? MR. AHT~: 15 to 16 feet. 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 put accessory building in front yard area on premises located on the south side of Mill Creek Drive, Southold, New York. The Boa~d finds that the garage will be located on an existing slab t~at is located at least 130 feet from Mill Creek Drive and 15 feet from the southerly line of the property; that it is a single car garage, 14t x 21~ in size; that the existing house ~as been built further back on the property than most other properties in the area. The Board agrees with the reasoning ef the applicant. The Beard 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. ~outhold Town Board of Appeals -6- November 16, 1972 On motion by N~. Hulse, seconded by M~. Grig~nis, it was RESOLVED George Ahlers, Builder, inc. a/c A. J. Armstrong, Mill Creek Drive, ~outhold, New York, be GRANTED permission to put accessory building in front yard area, as applied for, on premises located on the south side of Mill Creek Drive, $outhold, New York. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonts, H~ise. PUBLIC EE~RING: Appeal No. 1695 - 8:30 P.M. (E.D.S.T.), upon application of Otto and Bernice Macomber, Pine Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than required area and frontage. Location of property: east side of Pine Avenue, Southold, New YOrk, Lots ll through 15 inclusive, Map of Goose Bay Estates. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official n~wspapers, and notice to the applicant. THE CHAIRM~N.: Is there anyone present who wishes to speak for this application? ERS. BERNICE ¥~COEBER: Goose Bay was subdivided into many 60 foot wide lots. More than three-quarters of the lots are between 10,000 sq. ft. and 12,000 sq. ft. (Mrs. Macomber showed a survey of the property to the Board). These three lots were bought originally and that is where our house is. Then we bought four or five more and a couple of years later we bought the rest of them. When we bought in 1961 or 1962 we were told we could subdivide. What we want is to get a variance. (There was a further discussion concerning property already divided and remaining property to be divided). THE CHAIRFL~N: As I recall it some people bought property across the street in one lot and one and a half lot sizes. Many of them are 60' x 100' and 801 x 100'. MRS. NACOMBER: There is very little open land left. TB~ CHAIRM$~N: I donlt 'think there is any question but what this appeal should be granted because of the character of the area. A majority of the lots are undersized. However, I would like to have a sketch drawn from the tax map. We have to know what exists there Southold Town Board of Appeals -7- November 16, 1972 now. This is the sort of information we need to make an equitable division of property. It should indicate the size of the lots across the street. From what I know, I believe this should be granted but I think it should be backed up by a sketch. MP~. MACOMBER: How long would it take? TEE CHA-IRN~N: Our next meeting will be held on December 7th. However, if you are in a hurry, we can act before that at a special meeting. I don't believe we should act tonight. MRS~.~LACOMBER: That would be satisfactory. On motion by M~. Gillispie, seconded by' Mr. Hulse, it was RESOLVED that action of the Southold ToWn Board of Appeals be postponed on Appeal No. 1695, Otto and Bernice Macomber, Pine Avenue, $outhold, New York, until 7:30 P.M., Thursday, December 7, 1972, subject to applicant furnishing sketch indicating dimensions of properties in the surrounding area. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC ~ING: Appeal No. 1696 - 8:45 P.M. (E.D.S.T.), upon application of Rensselaer G. Terry a/C Paul J. Burnside, 6 Devereux Place, Garden Ci~¥, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-3, and Section 302, for permission to put accessory building in front yard a~ea. Location of property: east side Nassau Point Road, Gutchogue, New York, Lot $70, Map of Nassau Point Properties. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. TEE CHAIRMAN: Is there anyone present who wishes to speak for this application? RENSSEL$~ G. TERRY, ESQ.: I am here to represent Paul J. Burnside. THE CHAIRMAN: The application has not been notarized. De you swear that this is your signature? MR. TERRY: I do. Southold Town Board of Appeals -8- November 16, 1972 RENSSELAER G. TERRY, ESQ.: M~. Chairman, members of the Board: I appear in behalf of Paul J. Burnside who is anxious to have a three car garage. It would be impractical to put the garage between the house and the water. Most other garages in the neighborhood are situated between the house and Nassau Point Road. THE CHAIR~LAN: There is an accessory building there now. MR. TEREY: Yes, that shed is being removed. THE GHAIRM~N: The garage would be further away from Nassau Point Road than the shed which is being removed. I think we figured the distance at about 180 feet. Many of the properties along there have enorm~ms front yards. THE CH~: 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 put accessory building (garage) in front yard area of premises located on the east side of Nassau Point Road, Cutchogue, NewYork. The findings of the Board are that this front yard area was previously used for a shed which was located closer to Nassau Point Road than the garage will be, and that the shed is being removed. 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 M~. Bergen, seconded by Mr. Grigonis, it was RESOLVED Rensselaer G. Terry, Esq.'a/c Paul J. Burnside, 6 Devereux Place, Garden City, New York, be GRANTED permission to put accessory building in front yard area of premises located on the east side of Nassau Point Road, Cutehogue, New York, as applied for, subject to the following conditions: That the proposed three car garage be located at least 150 feet from Nassau Point Road, and 5 feet from the southerly property line adjoining Lot #71. Vote of the Board: Ayes:- Messrs: Gillfspie, Bergen, Grtgonis, Hulse. SOuthold Town Board of. Appeals -9- November 16, 1972 On motion by Nv. Gilltspie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated November 2, 1972, be approved as submitted, subject to the following corrections: Page 19 (Valentine Ruch) the word "improve" changed to "increase". Page 21 (William W~ckham-Mary Zeneski) - last sentence "that no plot may be divided or changed, etc." chan~ed to "that this plot may not be subdivided or changed in any manner'~. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grlgonis, Hulse. On motion by F~' Grlgonis, seconded by Mr. Hulse, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7oD0 P.M., Thursday, December 7, 1972, at the ToWn Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gtllispie, Bergen, Grigonis, Nnlse. Eight (8) Sign Renewals were signed and approved as submitted. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.S.T.), Thursday, December 7, 1972, at the Town Office, Main Road, S~uthold, New York, as the time and place of hearing upon application of Goldsmith Building & Const., a/c Conrad Ahrens, Nassau Point Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance , Article III, Section 300, C-2 and Section 302, for permission to construct garage part,yin front yard area. Location of property: so~th side Nassau Point Road, Cutchogue, New York, Lot #83A, Nassau Point Properties. Vote of the Board: Ayes: Messrs: Gtllispie, Bergen, Grigonis, Hulse. Southold Town Board of Appeals -I0- November 16, 1972 On motion by Fu~. Hulse, seconded by M~. Grigonls, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.S.T.), Thursday, December 7, 1972, at the Town Office, Main Road, Seuthold, New York, as the time and place of hea~ing upon application of Leo W Tillinghast, 232 Third Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to construct dwelling with insufficient side yard. Location of property: Washington Avenue and Wilmott Avenue, Greenport, N. Y., Lots l~ and 50, Map of Washington Heights S~bdivision. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by M_r. Grigonis, seconded by ¥~. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. {E.B.T.), Thursday, December 7, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Leon C. and Katherine A. Marcus, 145 Sylvan Lane, East Marion, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: north side Main Road, Orient, New York, bounded north by F. A. Dorman Estate; east by Lydia Brown; south by Main Road; west by George L. Edwards Estate. ~1.~.~ ~?~.~-~ Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED t-hat the Southold Town Board of Appeals set 8:30 P.M. (E.S.T.), Thursday, December 7, 1972, at the Town Office, Main Road,~Southold, New York, as the time and place of hearing upon appli~ation of Carol Dowd and Theodore DoWd c/o Thomas Daly, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article IiY, ~ection 301, for approvals'of lots in minor subdivision with less than required area. Location of property: S~mnd View Avenue Extension and Lighthouse Road, Son,hold, New York, Minor ~ubdtvision No. 39. Vote of the Board: Ayes:- Messrs: Glllispie, Bergen, Grigonls, Hulse. ~outhoid Town Board of Appeals -11- November 16, 1972 The Meeting was adjourned at 10:00 P.M. Respectfully submitted, Marjorie McDermott, Secretary R~bert W. OfliSsple~'"'J~'.~ Ch~l'~E