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HomeMy WebLinkAboutZBA-06/10/1959 APPEAL BOARD MEMBERS [~obert ',X/. Gillispi¢, Jr., Chairman Robert Bergen Herbert Rosenber9 Charles Gregonis, Jr. Serge Doyen~ .Jr. Southold Town Board of Appeals SOUTHOLD, L. I,, N. Y. Telephone SO 5-26~0 MINUTES Southold Town Board of Appeals June lO, 19~9 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M.~ Wednesday, June 10, 1999 at the Town Clerk's 0ffice~ Main Road~ Southold, New York. There were present: Messrs. Robert W. Gillispie~ Jr.~ Chairman~ Herbert Rosenberg~ and Charles Grigonis~ Jr. Also present: Mr. HowardM. Terry~ Building Inspector. Absent: Mr. Robert Bergen, and Mr. Serge Doyen, Jr. PUBLIC HEARING: 7:30 P.M.~ Appeal No. 182, - Application of Richard H. Redden~ Oak Avenue~ Southold~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 304, for permission to reduce front yard set back on property located on the north side of Oak Avenue~ Southoldt New Yorkt Lots 301~ 302~ and 303, on map of Goose Bay Estates~ Fee paid $1~.00. The Chairman opened the hearing by reading application~ notice of violatioN.issued by the Building Inspector~ legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAIRMAN: ~ there anyone present who wishes to speak for this application? Southold Town Board of Appeals -2- June lO, 19~9 MR. RICHARD H. REDDEN~ Oak Avenue~ Southold, New York: The application speaks for itself. I would like to say that the addition will be al feet. ~. HOWARD M. TERRY, Building Inspector: I thought the addition was going to be in line with the garage but it came out further when it was measured. REDDEN: It is actually 20 feet from the road. MR. TERRY: The setbacks on that street are between 28 feet and Sg feet. Most of the houses face on the creek so that actually the addition is going on what the Redden's c&nsider the rear of the house. MR. RO$ENBERG: Is this a corner lot? MR. REDDEN : There are two more houses before the corner, however there is a public right of way on one side of the property. The town road in front is asphalt. CHAIrmAN: I s there anyone else present who wishes to speak for this application? -- Are there any questions? -- Is there anyone present who would like to speak against this application? (No one wished to speak.) Resolution was offered by Mr. Grigonis, seconded by Mr. Rosenberg, and carried, %fHEREAS application of Richard Redden having been considered at Public Hearing No. 182 on June 19~9, and the Board finding that strict application of the Ordinance would produce undue hardship because the property is deed restricted on the water front side so that it is only possible to build an addition towards the street side. The situation is unique and would not be shared by all properties alike in the immediate vicinity because the property is nearly the westerly end of a private right of way and has deed restric- tions peculiar to the vicinity. The public convenience and welfare and justice will be substantially 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 this is residential area with mostly s~m~er homes and this would be a continuation of the same use, therefore Be it RESOLVED that the application be granted as applied for · Vote of the Board: Ayes:- ~. Gillispie~ Mr. l~osenberg, and Mr. Grigonis. $outhold Town Board of Appeals -3- June 10, 19~9 PUBLIC HEARING: 7:~ P.M.~ Appeal No. 183 - Application of Charles and Charles M. Ifrull~ 338 Atlantic Avenue~ East Rockaway~ New York~ for a variance in accordance with the Zon- ing Ordinance~ Article III, for permission to reduce frontage and Section 280A~ of the Town Law for recognition of access. Location of property~ Orient~New York, bounded north by Frey, east by J. Douglass, south by J. Douglass~ and west by Orient Harbor. Fee paid $1~.00. The Chairman opened the hearing by reading the application, notice of violation issued by the Building Inspector, legal notice of hearing, affidavit attesting to its publication in th~ officialnewspaper, and letter from the applicant. CHA1-R~N: Mr. Krull, it is necessary for you to amend the application to read Article III~ Section 303, as well as Section 2~OA of the Town Law, is that satisfactory to you? MR. tfRL~LL$ That is agreeable. CHAIR~N: Is there anyone present who wishes to speak for this application? MR. CHARLES KRULL, 338 Atlantic Avenue, EastRocka~.~ay, New York: I would. I am one of the owners of the property in the appeal at present. In order to have ingress and egress to the southerly lot shown as No. 2, I would have to have a right of way extending to the southerly line of the Frey property to the norhterly line of plot Nol 1. That would be recognition of access across parcels 2 and 3. C~IR2~&N: ~re there any houses on 1, 2 or 3? ~. KRULL: None. There was considerable discussion held relative to the ~roperty in question. MR. IQtDLL: We intend to build on the northerly lot numbered 3, as soon as possible. CHAIrmAN: You may only ap~ly and receive access for one lot on an application, if you wish access to the other lots they must be made separately. At this time you wish access to lot No. 3? MR. KRULL: Yes, lot No. 3. CHAI~N: Is there anyone present who wishes to speak against this application? (No one %~ished to speak.) Southold Town Board of Appeals -4- June 10, 19~9 Resolution was offered-by ~M. Rosenberg, seconded by I3. Grigonis and carried, W!~REA$ application of Charles and Charles M. Krull having been considered at Public Hearing I~o. 183 on June 10. 19~9 and the Board finding that strict application of the Ordinance would produce undue hardship because property can oraly be entered by a private right of way and applicants would be unable to build on an undersized lot. The situation is unique and would not be shared by all properties alike in the immediate vicinity because one large parcel adjoining is farm land and is not subdivided into smaller building plots. This property is using a right of way for ingress and egress. The public con- venience and welfare and justice will be substantially served and the legally established or permitted use of neighborhood property a~d adjacent use districts would not be substantially or permanently injured and the spirit of the Ordinance would be observed because this property would be used for residential purposes in keeping with the s~rrounding neighborhood, therefore Be it iTESOL~D that the application be granted permitting right of access to Lot No. 3 as described in survey of ~My 29, by Otto W. Van Tuyl & Son, and permission to use and build on this lot with reduced frontage, 19~9 Vote of the Board: Ayes:- ~[r. Gillispie~ },~. Rosenberg, and Mr. Grigonis. Mr. Joseph Be~o, Greenport, New York, cemte before the Board of Appeals for an informal discussion relative to a violation he received from the Building Inspector - Article X, Section 1007 (a) of the Building Zone Ordinance -"a non-conform- ing use has been expanded and new use created without a special exception from the Board of Appeals and in violation of the provisions of the Labor Laws." Mr. Benko, upon request of the Board, stated that he presently does automobile repairs, valve, points, plug, and grease jobs, spot welding for a maximum time of five minutes, brazing, spray painting, touching up, repairs on lawnmowers, straightening, simonizing, generator and starter work, steam cleaning. Mr. Benko also sells tires and tubes and similar items sold by gas stations. He described himself as an all- a~ound mechanic~ and stated he does not employ any help, but does every~hin~ himself. Mr. Terry asked Mr. Benko about a trailer for ren,% that is parked in front of his station and he state~ that would be removed the next day, as he had it there for a friend and not for himself. It was brought out that the garage will accomodate three cars inside and PM. Benko was not to make major repairs on cars outside of the building. Southold Town Board of Appeals -~- June lO~ 19~9 After considerable discussion the Board advised ~. Benko that he would have to apply for a special exception for a reasonable expansion of a non-conforming use. Mr. William Unkelback and ~. John Iqoroleski came to the Board for an informal discussion relative to Mr. Koroteski's operation of a nursery business on the property he is purchas- ingf~om IR. Unkelback. On April 30, 19~9 when ~@. Eoroleski spoke to the Board of Appeals relative to this matter it had been indicated a special exception wo~ld be required. Mr. Unkelback brought out the fact that he had been in the retail business from 1932 in that building up to April 19~7 when he went to Germany. Mr. Unkelback dolt with the sale of spray material, poultry equipment, chicks~ fertilizer, and farm and garden supplies. It was the determlnatmon of the Board of Appeals that ~. Koroleski's operation would be a continuation of a nonconforming use and therefore would not require a special exception. There was a brief discussion relative to the location of signs. Mrs. Basil D'Emo~ New York City, New York, spoke to the Board of Appeals about a problem she has in connection with selling her house at Nassau Point and retaining a small piece of land larger enough to meet the building zone requirements~ for the purpose of building a small cottage. The lots are No. 27 and 28 on map of Nassau ~Point. The house in question on Lot 27 is very near the lot line of Lot 28 and it is almost impossible to enter the garage without crossing the lot line. Mrs. D'Emo wishes to give several feet of Lot 28 inorder to remedy this situation. The Board advised that she may divide the property as she wishes, as long as she retains 100 feet frontage on the road and the lot to be retained meets the 12,~00 sq. ft. requirement of the Building Zone Ordinance. A letter was received from Helen G. Cochran, Southold, New York, who does business as Terry Waters, requesting that the proposed boat basin at Terry Waters, as granted as a result of Appeal No. 1~9, be changed from the beach and park area to the area represented by Lot No. 8 on the filed map of Terry Waters~ Southold. Mr. James Rambo and ~. W. Germond Cochran appeared at the June 4th meeting of the Board of A~peals relative to this change. On motion of Mr. Grigonis, seconded by Mr. Rosenberg and carried it was Resolved to grant permission to move the north boundary line of proposed boat basin from Lot No. 8 to Lot No. 9 because of the discovery that the applicants do not have full control over the area proposed for the boat basin in the original application. - Location of the property would now read: South- east corner of Terry Waters property~ bounded north by Lot No. 9, east by other lands of Terry Waters~ south by other lands of Terry Waters known as park and ~each, and west by Rambler Road. $outhold To%~ Board of Appeals -6- June 10~ 19%9 Vote of the Board: Ayes:- ~. Gillispie~ Mr. Rosenberg~ and Mr. Grigonis. On motion of Mr. Rosenberg, seconded by Mr. Grigonis and carried~ the minutes of the meeting of June $, 19~9 were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, lv~. Rosenberg, and Mr. Grigonis. Chief John Haas and 1st Assistant Hichard Olmstead of the Mattituck Fire Department came to the meeting to speak to the Board of Appeals relative to placing approximately ~0 posters advertising the forthcoming bazarr of the Mattituck Fire Depart- ment to be held at the ~re ho~se grounds on July l, 2, 3~ and ~. They wish to place D e posDers just in the Mattituck-Laurel District. After considerable discussion it was RESOLVED by Mr. Rosenberg~ and seconded by Nm. Grigonis that permission be granted the Mattituck Fire Department to place approximately ~O posters~ 25" by 16" on the Main Roads and in stores in the Mattituck-Laurel area on the l~th of June to the 6th of July~ a period of approximately 21 days. The Mattituck Fire Department, through its representatives~ have agreed to take these posters down soon after the 6th of July. It is believed that this is in the public interest. It is ~pecifically forbidden to place these posters on utility poles or on private property without permission. At this time the Southold Town Board of Appeals would also like to express their appreciation to the ~ttituck Fire Department for the use of their hall on several occasions, and their cooperation in many instances. A letter advising of this resolution was forwarded to the Mattituck Fire Department. Vote of the Board: Ayes:- ~.~. Gillispie, ~. Rosenberg, and ~. Grigonis. The next meeting of the Southold Town Board of Appeals will be held Thursday, June 2~, 19~9~ 7:30 P.M. at the Town Clerk,s Office, Main Road~ Southold~ New York. On motion of ~. Rosenberg, seconded by Mr. Grigonis and carried~ ~was RESOLVED that time and place be set for hearing on application of the Trustees of the Cutchogue Presbyterian Church, Cutchogue~ New York, for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection ll~ for permission to locate and maintain an advertising sign on property of the Presbyterian Church Parsona~e~ south side Route 2~, Cutchogue, New York. $outhold Town Board of Appeals -7- June 10, 19~9 Time and place being set at 7:30 P.M. (E.D.S.T.), Thursday, June 2~, 1959, at the Town Clerk's Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, PP. Rosenberg, and ~. Grigonis. By resolution offered by Mr. Grigonis, seconded by Mr~ Rosenberg and carried~ 7.~5 P.M..(E.D.S.T), Thursday, June 25, 1959 at the Town Clerk's Office, Main Road, Southold, New York was set for the hearing upon application of ESSO Standard Oil Company, by k~mmet 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. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and ~@. Grigonis. On motion of P~. Rosenberg~ seconded bL Mr. Grigonis~ and unanimously carried, it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, June 2~, 19~9 at the Town Clerk's Office, Main Road, Southold, New York, as time and place for hearing upon application of Vera Ketcham, Main Road~ East Marion, New York, for a variance due to lack of access mn accord- ance with the State of New York Town Law~ Section 280A. Location of property, on private right of way, Bay Lake Park, East Marion, bounded north by J. %~. Billman, east~by Truman Path~ south by F. J. Alexander, and west by Marion ~ane. Vote of the Board: ~yes.'- Mr. Gillispie, Mr. ~osenberg, and ~ir. Grigonis. On motion of ~. Grigonis, seconded by Mr. Rmsenberg, and carried, it was RESOLVBD that time and place be set for hearing on application of Robert H. Preston and LaGrant n. Chapman, Greenport~ New York, for a variance in accordance with the Zon- ing 9rdinance, Article III~ Section 303~ and Article X, Section lO00a,~r permission to reduce frontage and use as a single lot property located on private road known as Robinson Roa~ Gre~port, New York, Lot No. 7 on map of Sterling Harbor Homesites. Time and plaCe being 8:15 P.M. (E.D.S.T,)~ Thursday~ June 2~, 1959 at the Town Clerk's Office, Main Road, Southold, New York. Vote of the Board: Ayes:- ~r. Gillispie~ ~. Rosenberg~ ~d Mr. Grigonis. By Resolution offered by Mr. Rosenberg, seconded by Mr. Grigonis and carried, 8:30 P.M. (E.D.S.T.)~ Thursday, June 2~, 19~9, Town Clerk's Officer Main Road, Southold, NewYork was set for hearing upon application of Ernest Wilsberg, Bay Avenue, ~attituck, New York, applying for permissive use to erect a Southold Town Board of Appeals -8- June 10, 1959 building on a lot divided by "A" REsidential-Agricultural district and "B" Business district boundary line on Bay Avenue~ Mattituck~ New York~ and bounded north by Bay Avenue~ east by lands of the applicant~ south by Mattituck Plumbing and Heating Company~ and west by George McCarthy. Vote of the Board: Ayes:- ~M. Gillispie, Mr. Rosenberg, and Mr. Grigonis. It was further RESOLVED that legal notice of hearing be published in the official newspaper on date of June 19, 1959. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg, and PM.Grigonis. Meeting adjourned at 10:55 P.M. ~?~'~'~) Secretary Respectfully Submitted, Judith T. Boken