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HomeMy WebLinkAboutZBA-06/25/1959 Southold Town Board of Appeals SOUTHOLD, L. I., N. ¥. Telephone SO 5-~6~0 APPEAL BOARD MEMBERS Robert '~.,'. Gillispie, .Jr., Chelrmen Robert Bergen Herbert Rosenberg Cherles Gregonis, .Jr. Serge Doycn~ .Jr. Southold Town Board of Appeals June 2~, 19~9 A regular meeting of the Southold Town Board of Appeals was held 7:~0 P.M.~ T~hursday, June 2~ 19~9, at the To~m Clerk~ 0ffice~ Main noad~ Southold~ New Tork. There were present: ~ssrs. Robert W. Gillispie~ Jr.~ Chairman~ Robert Bergen~ and Herbert ~osenberg. Also present: ~. Howard M. Terry~ Building inspector. ABsent: ~. Charles Grigonis~ Jr.~ and Mr. Serge Doyen~ J~. PUBLIC HEARING: 7:30 P.M.~ Appeal No. 184 - Application of The T~ustees of the Cutchogue Presbyterian Church~ Cutchogue~ New York ~ for a special exception in accordance v~ith the Zoning Ordinance~ Article III~ Section 300~ Subsection ll~ for permis~on to locate and maintain an advertising sign on property of the Presbyterian Church Parsonage, south side Route 2~ Cutchogue, New York. Fo fee~ church organization. The Chairman opened the hearing by reading application for special exception~ legal notice of hearing and af_mdavm~ attest- ing to its publication in the official newspaper. CI-~I~,'~N: Is there anyone present who wishes to sleak for this application? $outhold town Board of Appeals -2- June 2~, 19~9 MR. ROBERT F. DART~ Cutchogue~ New ~ork, appeared'for the applicants and stated that the sign is a temporary one2 to be used only between Nay and October~ and is about ~, by-6' in size. On the sign will be placed notices of auctions2 r~m~age and food sales~ and various other church activities to be held. CHAIEv~N: How far back is the sign from the property line? i~. DART~ I would say 2~ feet. It is put there primarily to a~Bract outsiders. ~2. TERRY, Building Inspector: Most of the churches have portable signs that they take down and put up when there is some particular activity, andthis church would like to have one that is there on posts for the five or six months period. CIiAIRMAN: Is there'anYonelelse Present~who~wishes'tO speak for this application? -- Is there anyone present who wishes to speak against this application~ ~ (No one wished to speak.) Resolution was offered by Mr. Bergen~ seconded by Mr. Rosenberg and carried~ whereas application of the Trastees of the Cutchogue Presbyterian Church having been considered at Public Hearing No. 185~ on Tuesday, June 2~, 19~9~ and the Board finding that the public convenience and welfare and justice will be served andthe legally established or permitted use of neighborhood property wil~e subSpantially or permanently injured and the spirit of the OrEifiance wzll be observed~ there- fore Be it EESOLVED~ that the application be granted to permit the Cutchogue Presbyterian Church to maintain a sign approx- imately $ ft. by 6 ft. on the lawn of the parsonage opposite the church during the period from ~y 1st to October lst~ for notices of church affairs only. We believe this is in the public interest. Vote of the Board: Ayes:- ~. Gillispie, Mr. Bergen, and Mr. Rosenberg. Mr, Robert F. Dart then stated that he was also represent- ing Mr. Ernest Wilsberg~ who wished to withdraw his ?pplication for a special exception, Appeal No. 187, robe held 8.30 P.M. this evening, without prejudiCe. The Board was agreeable and the application was withdrawn. Southold Town Board of Appeals -3- June 2 5~ 1959 PUBLIC HEARING: 7:~5 P.M., Appeal No. 18~ - Application of ESSO Standard Oil Company, by Emmet V. Dunathan~ Agent~ for a special exception in accordance with the Zoning Ordinance, Article IV, Section ~08, for permission to locate a second ground sign on the southwest corner of property located on the northwest corner of Main Street and Wickham Avenue, Mattituck New York. Fee paid $1~.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? ~. EMMET V. DUNATHAN~ Agent, 2278 Cleveland Street, North Bellmore, L.I., New York: Mr. Dunathan described the proposed location of the sign and stated that the present sign is located on the intersection corner. Driving west you can not see the sign at ally but you can see the sign of a diner ~urther down and a competitors si~n also. Going east our sign is obstructed by the trees also. This proposed sign is to be a lower sign on the ground level~ hung from two supports. CHAIRMAN: What is the height of the present signs lower edge? MR. DUNATHAN: approximately 8 ft. the finished grade. 7'6" and the hinges The bottom will be and top rail will be approximately 30" above CHAIRMAN: The present sign is what? MR. DUNATHAN: The ~resent sign is 12 ft. 6 in. and the boom is at 17 ft. 6 in. or 18 ft. The mast itself is about 5 ft. 6 in. CHAIRMAN: The problem might be the height from the ground. We have been recommending that the lower edge be at least ~ ft. from the ground. MR. DUNATHAN: This sign is completely internally lighted. CHAIR~N: For safety measures we have been recommending ft. to everyone. MR. DUNATHAN: We can manage that. CHAIRMAN: Are there any other questions? - Is there anyone present who wishes to speak against this application? (No one wished to s peak.~ MR. BERGEN: Have you looked at the ~affic coming f rom Southold Town Board of Appeals - -~- June 2~, 19~9 Wickham Avenue west with reference to where the sign would be? Would it interfere with traffic? MR. DUNATHAN: No it does not, it is in five feet and at that point 12~ feet from the corner. I believe it would be back far enough that it would not interfere. Resolution was offered by Mr. Rosenberg, seconded by Mr. Bergen and carried, Whereas application of ESSO Standard 0il Company by Emmet V. Dunathan, Agent, having been considered at Public Hearing No. 18~ on June 2~, 19~9~ and the Board finding that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood prop- erty will not be substantially or permanently injured, and the spirit of the Ordinance would be observed, therefore be it RESOLVED that the application be granted as applied for - standard oval ~ ft. by $ ft. double faced sign, covering 29 sq. each f%ce, with the lower edge of the sign to be $ ft. from the ground level and the sign to be ~ ft. from any property line. ft. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and Mr. Bergen. PUBLIC HEARING: 8:00 P.M.~ Appeal No. 186 - Application of Vera Ketcham, Main ~oad~ East ~%rion, New York, for a variance due to lack of access ~n accordance with State of New York ~own Law, Section 280A~ L~ation of property, on private right of way, Bay Lake Park, East Marion, New York, bounded north by J. W. Billman, east by Truman Path, south by F. J. Alexander, and west by Marion Lake. No fee- access. The Chairman opened the hearing by reading letter from applicant~ noti~ of disapproval issued by the Building Inspector, legal notice of hearing, and affidavit attesting to its publication in the official newspaper. CHAIRMAN: Xs there anyone present who wishes to speak for this application? FRANK McMANN$ Greenport: I represent Mrs. Ketcham. Board has any further questions I would be glad to submit information if possible. If the The Board was thoroughly familiar with the property and the a~plication fully covered the facts. CHAIRMAN: Is there anyone present who wishes to speak against this application? - Is there anyone present who would lihs to ask any questions? Southo~d To~ Board of Appeals -~- June 25, 19~9 (No one wished to speak.) Resolution was offered by Mr. Rosenberg, seconded by iergen, a~d carried~ ~ereas application of Vera Ketcham, havin~ en_cons~dered at Public Hearing No. 186 on June 2~, 19~9, and~ e ~oard finding that strict application of the Ordinance'would produce undue hardship because applicant wo~uld be unable to sell property without securing this variance which the contract provides the seller do. The situation is unique and wo~ld not be shared by all properties alike in the immediate vicinity because there is no approved access to this particular lot. The public convenience ar~ welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured and the spirit of the Ordinance would be observed because all of the residents of this ~m~ediate area have to use the ~ame access~ therefore Be it RESOLVED that the application be granted as applied for. Vote of the Boar~: ~e~o ~ ~.- Mr. Gillispie~ l~. Eergen~ and Mr. Rosenberg. PUBLIC HEAd. RING: 8:1~ P.M.~ Appeal No. 188 - Application of Robert H. Preston and LaGrant R. ~hpaman~ Greenport~ New York~ fora variance in accordance with the Zoning Ordinance, Article III~ 8ection ~0~, and Article X~ Section lO00A, for permission to reduce frontage and use as a single lot~ ~operty located on private road known as Robinson ~oad~ Greenport,~New York~ Lot No. on map of Sterling Harbor Homes~tes. Fee p~id $1~.00. 7 The Cha&rman opened the hearing by reading application~ notice of disapproval issued by the Building Inspector, legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAIrmAN: Is there anyone present who wishes to spe~ for this application? ~. LA GRA~T CHAPt~N~ Robinson Roa~ Greenport, New Zorn: We appear to answer any further questions that you might like to ask. ¥$e would like to state that everything will be sold up to two lots, and this is one which needs a variance~ CHAIR~N: What does the purchaser propose to do with this property$ MR. CHAP~,~N: Ali we know is what he told us, and that is he wants to put up a dock for his boat. ~'~e have restrictions on the property. ~e require 1000 sq. ft. in the house on the 1st. floor $outhold Town Board of Appeals -6- June 2~, 19~9 and side yards of l0 ft. each side. ~. ROSENBERG: That does not affect this Board. What you are applying for is permis~on to sell a lot having a frontage of ~ feet on Robinson Boad. CHAIE~v~N: After you sell ~is lot~ do you care what he does with it? MR. CHAPMAN: Yes~ I care because I have a home there. C~MAM: We can grant this application~ but lim±t the granting to what he says he wants to do~ but require if he wants to build a house in the future he would have to come to us for permission at that time. Is there anyone else present who wishes to speak for this application? - Is ~here anyone present who wishes t s peak against this application? - Are there any questions? (No one wished to speak.) Resolution was offered by Mr. Bergen~ seconded by Rosenberg and ca~r~ed~ whereas application of La Grant Chapman ~ Robert Preston, having been considered at Public Hearing No. ~ on June 25, 19~9~ and the Beard f~nding that strict appli- cation of the Ordinance would produce undue hardship because applicants would be unable to sell this lot without the requested variance to reduce th8 frontage. The situation is unique and would not be shared by the properties al±ke in the immediate vicinity-because no dwelling is planned to be erected on the premises~ it is believed the purchaser plans to use the property to construct docking facilities thereon for the mooring of a private yacht. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially ar permanently injured and the spirit of the Ordinance would be observed because the premises' would remain as they presently are~ no structure being built thereon~ there- fore be it RESOLVED~ that the application is specifically granted varying Section lO00A and denying a variance to the other sections of the Ordinance as applied for~ without pr~ udice to future applications. Vote of the Board:- Ayes:- Mr. Gillispie~ Mr. Bergen~ and~ ~. Rosenberg. $outhold To~ Board of Appeals -7- June 2~, 19~9 A lettmr was received from the Southold Fire Department, Benedict hanasek~ General Chazrman~ Bloc~ Par~y Committee, requesting ~ermission to place approximately 50 posters advertis- ing the forthcoming block party of the Southold Fire Depart- ment on the main roads and village in the $outhold Fire District. It was RESOLVE~ by ~,~. Rosenberg~ seconded by ~. Bergen and carried~ that permission be granted to the $outhold Fire Depart- ment to place approximately ~0 posters~ 18" by 30" on the Main Roads and in stores in the Southold Fire District on the 17th of June to the 18th of July, a period of approximately ~2 days. In the letter requesting permission~ from ~r. Benedict ~nasek~ General Chairman of the Block Party Committee, it was a~reed to take these posters down as soon as possible after thei h~t ofJuly. It is believed this is in the public interest. It is specifically forbidden to place these posters on utility poles or on private property without permission. A letter advising of this resolution was forwarded to M~r. Manasek. Vote of the Board: Ayes:- M~. Gillispie, ~.~. Bergen, and Mr. Rosenberg. The minutes of the meeting of June 10~ 19~9, on motion of Mr. Bergen, Seconded by ~r. Rosenberg and carried, were approved as submitted. Vote of the Board: Ayes:- M~. Gillispie, ~. Bergen, am~ Mr. Rosenberg. Mr. Wilfered Ruland~ Sigsbee Road, Mattituck~ appeared before the Board of Appeals for an informal discussion relative to build- ing a new residence on the I~in Road, Mattituck. 'l~ne Board discussed the work Mr. Ruland does painting signs. Mr. Ruland produced several letters from his present and futu~e neighbor~ attesting to his character and desirability as a neighbor. ~. Gillispie called ~. Tasker, Town Attorney by telephone and discussed proposed amendments that might affect ~. Ruland, and ~. Tasker's opinion with reference to the type of work I~. Ruland does. It was the final decision of the Board of Appeals that Mr. Ruland should be allowed to do this sign painting work, doing so ~thout an advertising sign of any manner, as long as it is confined to his basement. of The next meeting of the Southold To~n Board ~ Appeals will be 7:30 P,M.~ Thursday, July 9~ 19~9 at the Town ~lerk's Officer ~in Road~ Southold, New York. 0n m6tion of l~. Bergen~ seconded by Iv~. Rosenberg and carried~ it was RESOLVED that time and place be set for hearing on application of ~ttituck Marina~d%mp Mineola Road, Mattituck~ Southold Town Board of Appeals -8- June 2~, 1959 New Yorky for a special exception in accordance with ~e Zoning Ordinance, ~rticle IVy Section ~08, for permission to erect and maintain a directional sign on the southeast side of ~in Road y south of New Suffolk Avenue, ~ttitucky New York, on property of John W. Boutcher. Time and place being set at 7:30 P.M.~ (E.D.S~), Thursday, July 9y 19~9, at the Town Clerk's Office, Main Road~ Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. By resolution offered by ~. Rosenberg, seconded by Mr. Bergen and carried, 7:~ P~M. (E.D.g.T.), Thursday, July 9~ 19~9 at the Town Clerk's Office, Main Road, $guthold, New York was set for hearing upo~ application of Matt~tuck ~rina, Camp Mineola Road~ Mattituc~, New ~or~y for a special exception in accordance with the Zoning Ordinance, Article IIIy Section ~00, Subsection ll~ for permission to erect and maintain a directional sign on the southwest corner of Camp Mineola Road and New Suffolk Avenue, Mattituck, New York, on property of ~lcolm Tuthill. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, and Mr. Rosenberg. On motion of Mr. Bergen, seconded by Mr. Rosenberg~ and unanimously carried, it was RESOLVED that the Board of Appeals set 7:~ P.M. (ELD.S.T.), Thursday, July 9, 19~9 at the Town Clerk's Officey Main Roady Southoldy new York, as time and place for hearing upon application of Horace E. Kysery ~0~ Hempstead Avenue~ West Hempstead~ New Yorky f or a special exception in accordance with the Zoning Ordinance, ArtiCle IVy Section $00, S~bsection 9y for permission to erect and maintain a public garage and gasoline service station~on the northeast corner of M~in Roadand Bay Avenue~ Mattitucky New Y~rky bounded north by Main Road, east by ~s. E. C. Wells~ south by J. J. Elein, and west by Bay-Avenue. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ and ~. Rosenberg. On motion of Mr. Rosenberg, seconded by ~. Bergen and carried, it was RESOLVED that time and place be set for hearing on application of Alleyne Gogen, 229 Cathedral Avenuey Hempstead~ New York, for a variance~in accordance with the Zon±ng Ordinancey Article III~ Section ~07y for permission to reduce northerly side yard on Lot No. 67, Map of Nassau Point ~lub Property, Inc.~ east side Nassau Point Road, Cutchogue, New York. Time and place being set at 8:1~ P.M. (E.D.E.T.)~ Thursday, July 9, 19~9 at the Town Clerk's 0ffice~ Main Road, Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Berge$, and Mr. Rosenberg. Southold To,au Board of Appeals -9- June 2~, 19~9 By resolution offered by 1~. Bergen, seconded by ~ Eosenberg and carried~ 8:~ P.M. (E.D~8.T.), Thursday,~July 9, 19~9, at the Town Clerk's Office, Main Road~ Southol~ New York was set for hearing upon application of Kenneth R. Trillcott~ 222 Third Street, Greenport, New York, for a variance in'accordance with the Zoning Ordinance, Article III, Section 30~ and Article X, Section lO00A~ for permission to reduce frontage and sell as a single lot, property located on the east side WOod Lane~ Greenport, New York, and bounded north by B. Driskell, west by Wood Lane~ east byE. A. Loomes,'and south by other lands of the applicant. Vote of the Board: Ayes:- Mr. Gillispie, ~. Bergen, and Mr. Rosenberg. On motion of Mr. Rosenberg~ seconded by Mr. Bergen .a~d carried, it was RESOLVE~ that th~ Board of~ Appeals set 9.00 P,M. (E.D.S.T.), Thursday, July 9,~19~9 at the Town Clerk,s Office, M~in Road, Southold, New York, as time and place for hearing upon application of Leo Sledjeski~ and Peter Sledjeski, Main Road and King Street, Greenport and Orient, respectively, for a variance in accordance with the Zoning Ordinance, Article III, Section ~00~ Subsection 9~ for permission to maintain two seasonal signs~adver- tising) in connection with a produce stand, north side North Road~ (Route 27A), opposite Queens Lane on the property of Leo SledJeski. Vote of the Board: Ayes:- Mr. Gillispie, ~. Bergen~ and Mr. Rosenberg. On motion of Mr. Bergen, seconded by ~. Rosenberg and carried, it was RESOLVED that time andpplaee be set for hearing upon application of Bert Scagliotti~ madeline Avenue~ Fishers Island, New York~ for a variance in'accordance ~ith the Zoning Ordinance, Article III, Section ~00~ Subsection 7, for permission to reduce front yard setback requirements and build private garage on property hounded north by Madeline Avenue, east by W. E. Lar~ Company, south by W. E. Land Company, and west by Crescent ~venue, Fishers Island. ~Time and place being set at 9:1~ P.M. (~.$.T.)~ Thursday~ July 9~ 19~9 at the Town Clerk's Office, Main Road, Southold~ New York. Vote of the Board: Ayes:- ~. Gillispie, Mr. Bergen~ and Mr. Rosenberg. It was further RESOLVED that legal notice of hearing be pub- lished in the official newspaper on date of July ~ 19~9o Legal notice o£ Scagliotti hearing published in New London Day on June 29, 19~9. Vote of the Board: Ayes:- ~. Gillispie, ~. Bergen, and Mr.. Rosenberg. ~0djourned at ll:lO P.M. ~ I~__ C~ I_e:i~'~:~ Respectfully submittedl ' ~udith T. Boken~ Secretary