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HomeMy WebLinkAboutZBA-05/28/1959Southold Town Board of Appeals SOUTHDLD, L. I., N. Y. Telephone SO 5-~6~0 APPEAL BOARD MEMBERS Robert W. Gillispi¢, Jr., Chairman Robert Bergen Herbert I~osenber9 Ch,sties Gr¢~onis~ Jr. Sgr~¢ Doyen, Jr. MINUTES Southold Town Board of Appeals May 28, 19~9 A regular meeting of the Southold Town Board of Appeals was held Thursday, May 28~ 19~9~ 7:30 P.M.~ at the Town Clerk's Office, Main Road~ Southold: New York. There were present: Messrs. Robert W. Gillispie~ Jr.~ Chairman~ Robert Bergen~ Herbert Rosenberg~ and Charles Grigonis~ Jr.~ who arrived after the meetinghad been called to order. Absent: Mr. Serge Doyen, Jr. Al~o present: Mr. Howard M. Terry~ Building Inspector. PUBLIC HEARING: 7:30 P.M., Appeal No. 173~ Application of Frank Horn~ Island View Lane~ Greenport, New York, for a variance in accordance with the Eoning Ordinance~ Article III, Section 303, and Article X~ Section lO00A~ and Access under Section 280A of the Town Law for permission to reduce frontage and use as a single lot~ property located on private road~ south side Island View Lane: south of Peconic Bay Properties Sub- division, and bounded north by Barr~ east by Peconic Bay or Pipes Cove, south by Hor~ and west by private right of w~y. Fee paid $1~.00. The Chairman opened the hearing by reading the application~ legal notice of the hearing~ and affidavit attesting to its publication in the official newspaper. $outhold Town Board of Appeals -2- May 28, 1959 CHAIRMAN: Is there ~nyone present who wishes to speak for this application? MR. FRANK HO~N~ Island View Lane, Greenport~ New York~ stepped forward and was introduced by ~. Howard Terry. Terry explained the layout of the property and Mr. Horn answer- ed questions of the Board. Mr. Horn indicated that there is no other way for the property to be divided other than request. Property further south is meadow land and would have to be filled in and improved before it would be usable as residential property. The Chairman asked what the condition of the access was and Mr. Horn stated that it is in good condition and usable except during the thawing time, which is common to all private roads. CHAIRMAN: Is there anyone else who wishes to spem~ for this application? - Is there anyone present who wishes to speak against this application? (No one wished to speak.) Resolution was offered by i,~. Rosenberg~ seconded by M~. Bergen and carried, 'F~IEREAS application of Frank Horn, having been considered at Public HearinE No. 173 on May 25~ 1959~ mad the Board finding that strict application of the Ordinance would produce undue hardship because applicant is unable to enlarge the property in question and would be unable to sell it without the requested variance. The situation is unique and would not be shared by all ~roperties alike in the immediate vicinity because this is the last of two lots on the water south of Island View Lane that they would be suitable for residential purposes. The public convenience and welfare and justice will be sub- stantially 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 Ordinanc~ would be served because most of the other lots in the area are of 50 ft. and this would in no way change the character of the area~ therefore Be it RESOLVED~ that the application be granted as applied for. Vote of the Board:- Ayes:- ~. Giliispie: ~. Bergen, and Mr. Rosenberg. PUBLIC HEA~ING: 7:~5 P.M., Appeal No. 17~ - Application of Dorothy and Michael Reise~ H,zatt Road (private road), Horton Point, Southold, New York, for a variaace in accordance with the Zoning Ordinance, Articel III~ Section 300~ Subsection 7~ for permission to reduce setback and. use as a private garage. Lo- Southold Town Board of Appeals -3- May 28, 1959 cation of property~ north by Sound~ east by O. Lindermayer~ south by V. Neslage~ right of way~ and west by H. McCabe Estate. Fee paid $1~.00. The Chairman read the application~ legal notice of hear- ing~ and affidavit attesting to its publication in the official newspaper. CHAIRI~AN: Is there anyone present who wishes to speak for this application? MR. MICHAEL REISE stepped forward and together with Pk. Howard Terry~ explained the location of the property on the map and described the location of the proposed garage. Mr. Reise stated that it is impractical to try and drain the swamp which exists in the central part of the lot becamse it acts as a natural drainage for a large area~ as stated in the application. C.HAI~iAJ~: Is there anyone else who wishes to speak for this application? - Is there anyone present qi~o wishes to speak against this application? (No one wished to speak.) Upon motion of Mr. Bergen~ seconded by Mr. Rosenberg and carried it was WWM~REAS application of Dorothy and Michael Reise, having been considered at Public Hearing No. 17~ on May 28~ 19Y9, and the Board finding that strict application of the Ordinance would produce undue hardship because of the unusual contour of the land making it impractical to locate the garage in any other way than is proposed. The situation is unique and would not be shared by all properties alike in the ~mmediate vicinity because this lot is the lowest area in the vicinity and has the densest growth of trees. The public convenience and welfare and justice will be substantially served and the legally established or permitted use of neighborhood property and ajdacent use district would not be substantially or permanently injured and the spirit of the Ordinance would be served bedause there are other detached accessory buildings and garages in the immediate vicinity which have unimual set- backs~ therefore Be it RESOLVED that the application be granted as applied for. Vote of the Board: AMes: ~. Gillispie~ ~. Bergen~ and Mr. Rosenberg. Southold Town Board of Appeals -4- May 28, 19~9 The minutes of the meeting of May 14, 19~9, on motion of Mr. Rosenberg, seconded by ~M. Bergen and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Rosenberg, seconded by Mr. Bergen~ and carried, the minutes of the May 21, 1999 meeting were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, ~M. Bergen, 1~. Rosenberg, an~ Mr. Grigonis. PUBLIC HEARING: 8:00 P.M., Appeal No. 175 - Application of Raymond B. and Sophie M. Smith, Summit Road, Bayview, Southold, New York~ for a special exception in accordance with the Zoning Ordinance, Article III~ Section 306 for permission to reduce set- back requirements on a corner lot. Location of property, in Bayview~ Southold, bounded north by Nidds~ east by Private Road, south by Private Road, and west by Macoun. Fee paid $1%.00. Chairman read application for special exception, 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~ LEF~W~RTS P. EDSON, Southold, New York, appeared for the applicant. The Chairman explained to Ym. Edson that the application should be treated as a special exception rather than a var~nce as it had been presented~ and read Article III, Section 306, in lieu of 30~A and 307 A. Mr. Terry described the location of the property on the map. Mr. Edson stated that the house is located 81 feet from the corner: therefore making it almost an inside lot. He stated that the houses in the neighborhood are so located as to afford each person a view of the water. I~M. Smith placed his house $~ feet from the rear line and wishes to place the porch on the Summit Road side of the property, believing that it will not interfere with any other persons light or air. Chairman stated that the concern would be with the traffic from the corner~ but since the setback is 5l feet it is certainly creating no problem. CHAIRi~N: Is there anyone else who wishes to speak for this application? - Is there anyone present who wishes to s peak against this application? Southold Town Board of Appeals -5- May 28, 1959 (No one wished to speak.) Resolution was offered by Iv~o Bergen, seconded by l~J~. Grigonis and carried, W$iEREAS application of Raymond B. and Sophie M. Smith having been considered at Public Hearing No. 175 on May 28~ 1959, and the Board finding that the public convenience and welfare and justice will be s~rved and the legally established or permitted use of neighborhood property will not be ~ubstantially or permanently injured and the spirit of the Ordinance will be observed~ therefmre Be it RESOLVED, that the application be granted as applied for. Vote of the Board: Ayes:- ~. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: 8:15 P.M., Appeal No. 176 - Application of Costas Stars, Main Road, East Marion, New Yor~, for recognition of access to a single lot, under Section 280A of the Town Law. Location of property, Private Road, east side Cedar Lane, East Marion~ New York. No fee necessary for access. The Chairman opened the hearing by reading application for recognition of access, legal notice of hearing and affidavit attesting to its publication in the official r~Bpaper. I~R. COSTAS STARS, East Marion, New York, stepped forward and together with Er. Terry, explained the application. CHAIE.~AN: Is there anyone present who wishes to sperm against this application? There being no one who wished to~eak against this appli- cation, Resolution was offered by M~. Grigonis, seconded by ~. Rosenberg and carried, ~'£HEREAS application of Costas S~ars having been considered at Public Hearing No. 176 on May 28, 1959, and the Board finding that strict application of the Ordinance would produce undue hardship because existing roads are from 50 to 35 feet in width and are used by other property owners nearby for access. The situation is unique and would not be shared by all properties alike in the immediate vicinity because it is intended to widen and improve the roads as soon as possible. The public convenience and welfare and justice will be sub- stantially 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 served because th is is part of a residential area that v~ll undoubtedly be used mostly f~r~m~er homes, therefore Southold Town Board of Appeals -6- May 28, 19~9 Be it RESOLVED~ that the application for recognition of access be granted as applied for. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Rosenberg~ and M~. Grigonis. Mr. and Y~s. James Lo Grant~ Cedar Lane and Bayview Road~ Southold~ New York~ appeared before t~ Board of Appeals for an informal discussion relative to a violation they received on a real estate sign that had been repainted in vblation of the Zoning Ordinance. Mrs. Grant stated that her home is obscured by a high road embankment and the use of an advertising sign was necessary to continue her real e state business. The sign in question belonged to ~. Therm and he had given ~s. Grant permission to repaint it using her name~ bu~ M~ Grant also removed the information which pertained to the property upon which the sign stood. As far as the Board of Appeals is concerned ~s. Grant may keep the sign where it is but it must only advertise that property for sale and directions where the public may inquire regarding that property. Mr. and Mrs. ~ant stated they would revise the sign to conform to due zoning ordin- ance. Mr. Frederick Schu~tze (Appeal No. 169 - Giovanelli and Schultze Special Exception)~ came before the Board of appeals to determine if a decision had been made on his application. The Board advised Mr. Schultze that a decision ~ould be forth- coming this evening and if he either came back later in the evening or called the Building Inspector's office the next morning he would learn the Board's decision. P~. Schultze left the building. Resolution introduced by Mr.'Bergen~ seconded by ~. Grigonis and carried~ %~AS at a Public Hearing No. 169 on May 14~ 19~9 upon application by C. Giovanelli and F. Schultze for a special exception made pursuant to the provisions of Article IV~ Section4 00, paragraph 9, and Article VIiI~ Section 801~ Subsection C of the Building Zone Ordinance of the To%m of $outhold. The application requests permission to use the premises described therein for a public garage~ automobile showroom and incidental thereto a gasoline station. From thestatements made by the a!~plicants at the public hearing and from visits made to the oremises bM members of the Bca rd of Appeals~ we find the following facts: The applicants have contracted to purchase the premises~ which contract is subject to permission being granted by this Southold Town Board of Appeals -7- May 287 19~9 Board to use the property as an automobile repair shop and gasoline service station. The property is located at Southold on the northerly side of Route 27A at the northeasterly inter- section of Youngs kvenue~ sometimes known as Railread Avenue. Although the main building is located about 7~ feet northerly from the existing center line of Route 27A~ the building is actually on the highway line. There are dwellings located on the easterly side of Youngs Avenue~ sometimes known as Railroad Avenue,~ north of the subject premises~ the nearest being but 3~ to 40 feet from the main building proposed to be used for automobile repair and garage purposes. A dwelling house is also located on the southeasterly corner of the intersection of Route 27A and Youngs Avenue~ sometimes known as Railroad Avenue~ directly opposite the premises. Although the property is located in a "B" Business District~ it is within 60 feet of the residential zone. Route 27A is one of two main East-West through-traffic highways in the Town of Southold. There is an existing gasoline station on the southerly side of Route 27A at Peconic~ approximately two miles west of the subject premises. This Board has recently granted permission for the location of two additional service stations on Route 27A in this area. One on the northerly side of said highway~ approximately 700 feet east of the premises here involved and another at the south- westerly intersection of Route 27A and Youngs Avenue~ sometimes known as Railroad Avenue~ diagonally opposite the premises involved. Both of these permits authorized only the conduct of gasoline service stations. No automobile repairs~ engine re~airs~ body and fender work or auto painting are permitted. Location of the main building~ one corner of which touches the County property line~ woul5 prevent installation of tanks and p~mps with required setbacks on southerly side of building. A restirction on the contract prevents building further west on Youngs Avenue~ sometimes kno%~ as Railroad Avenue~ than the existing setback of the westerly line of the residence on the property. There are presently nine service stations and/or public garages~ auto showrooms and usem car lot, mn the Southold area located about one-half mile from the premises in question. The applicants stated in the hearing that the premises would be used for general garage work~ engine repair~ auto washing~ body and fender work~ auto spray painting and similar work and that wrecked autos would be brought upon the premises and would remain for long periods of time. The storage of wrecks is a use of the premises not permitted in a "B" Busi~ss District. Such a use would tend to establish a junk yard~ similar to use existing on applicants~ premises presently on north side of Front Street in the Village of Greenport. Res- trictions on gasoline station applications granted by this Board up to the present time: 1. No major repair work shall be performed in the open. 2. Pumps, lubricating and other devices shall be located at least fifteen (l~) feet from the line of any street or Southold Town Board of Appeals -8- May 28, 19~9 highway, right of way or property line. 3. All fuel oil or similar substances shall be stored at least fifteen (l~) feet distant from any street or lot line. $. No automobiles, or automobile parts, dismantled or damaged vehicles,similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted. ~. Signs to be in accordance with Article IV, Section ~O8, of the Building Zone Ordinance of the To~m of Southold. They also propose to use the premises as a showroom for the sale of automobiles. The use of the premises for gasoline service station purposes would be merely incidental to the auto repair use. It ~ the opinion of this Board that these uses would definitely increase the peril of fire from highly inflammable materials used in applicants' business~ As previously stated, Route 27A is a m~ n East-West arterial highway. There are existing plans for the future reconstruction and enlargement of this highway, and in connection therewith, the Southold Town Plaming Board has given considerable study to the future development of the areas along this highway and has notified this Board that there shouM be no enlargement of present business uses on Route 27A which might interfere with desirable "parkway" features on the proposed new highway. The Board is aware from expe- riences that residential property adjacent to gasoline statioms tends to diminish in value, and it is o~ opinion that a public garage in combination with a service station in this location will lead to initial deterioration of the entire business area and repel the establishment of desirable types of business enterprise, thus adversely affecting the character and probable development of the proposed new highway. From the above facts~ it is the determination of the Board of Appeals that: (1) The proposed use will prevent the orderly and reason- able use of permitted or legally established uses in the district wherein the proposed use is to be located and will also prevent the legally established uses in the residential use district adjacent thereto. (2) The proposed use will prevent the orderly and reason- able use of adjacent properties and of properties in the adjacent use district. (3) The safety, health, the welfare, the comfort~ the convenience or order of the Tow~ will be adversely affected by the proposed use and its location. (~) The use will not be in haromony with and promote the general ptu'poses and intend of this ordinance. In making this determination, the Board of Appeals has considered the character of the existing and probable development Southold To~ Board of Appeals -9- May 28, 19~9 of uses in the district ard the peculiar suitability of such district for the location of the proposed use; the conse~ation of property values and the encouragement of the most appropriate use of lands the effect that the proposed use may have upon the creation of undue increase of vehicular traffic congestion; the effect that the proposed use may have upon the creation of undue obnoxious gases, odors, noise and increased fire hazard, and the sufficiency and adequacy of the property for the intended use and the reasonably anticipated expansion thereof, therefore Be it RESOLVED, that the application is hereby denied. Vote of the Board: Ayes:- Mr. Giilispie, Mr. Bergen, Mr. Rosenberg, and ~. Grigonis. After a discussion relative to an amendment to the Zoning Ordinance, it was decided that a letter should be forwarded to ~M. Robert Tasker~ Town Attorney, stating that the Board of Appeals feels the following amendment should be incorporated in the Zoning Ordinance under Article IV, "B" Bu~ ness District, Section ~00, Subsection 9 as follows: "9 - Public garages or automobile service stations or new or used car lots, when approved as a special exception by the Board of Appeals as hereinafter provided." The Board of Appeals feels that the words "new or used car lots" may very well save a lot of trouble which might otherwise result. The next meeting of the Southoid Town Board of Appeals will be held Thursday, June ~, 19~9, 7:30 P.M.~ at the Town Clerk's 0ffice~ Main Road~ Southold, New York. By resolution offered by I~M. Bergen~ seconded by ~. Grigonis, andcarried, 7:30 P.M. (E.D.S.T.), June lQ 19~9 at the Town Cterk'~ Office, Main Road, Southold, New York was set for the hearing upon application of Richard H. Redden, 0akAvenue, Southold, New York, for a variance ~ 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 0~ Avenue, Southold, New York, Lots 301, 302, and 303 on map of Goose Bay Estates. Vote of the Board: Ayes:- Mr. Gillispie, ~.~. Bergen, ~. Rosenberg~ and M~. Grigonis. Upon motion of ~. Rosenberg~ seconded by ~. Grigonis and unanimously carried,~it was Resolved that ~he Board of · Appeals s~t 7:~ P.M.~ '~,D.~.T.)~ June 10~ 19~9 at the Town Clerk's O~fice, M~ n Road, Southold, New York as time and place for hearing upon application of Charles & Charles M. Krull, 338 Atlantic Avenue~ East Rockaway, New York, for a variance in accordance with the Zoning Ordimnce, Article III, for permission to reduce frontage, and Section 280A of the To~n Law for recognition of access. Location of property, Orient, Southold Town Board of Appeals -10- May 28, 19~9 New York~ bounded north by Frey, east by J. Douglass, south by J. Douglass~ and west by Orient Harbor. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ ~. Rosenberg~ and ~. G rigonis. It was further REZOLVED that legal notice of hearing is to be published in the official newspaper on dated of June 5, 19~9. Vote of the Board: Ayes: Mr. Gil!ispie~ ~. Bergen~ ~. Rosenberg, and ~. Grigonis. Meeting adjourned at 10:10 P.M. Respectfully submitted~ Judith T. Boken Secretary