Loading...
HomeMy WebLinkAboutZBA-05/07/1959Southoid Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-~6~S0 APPEAL BOARD MEMBERS Robert W. Gillispi¢, Jr., Cheirm~n Robert Bergen Herbert Roscnbcrg Charles Gr¢$onis, Jr. S¢r~¢ Do¥~n~ Jr. IRuT s Southold Town Board of Appeals May 7, 19~9 A regular meetin~ of the Southold ~own Board qf Appeals was held at 7.30 P.M.s Thursday~ May 7s 1959 at the Town Clerk's Office, Main Road, Southold~ New York. There were present: Messrs. Robert W. Gillispie, Jr., Chairman~ Robert Bergen, Herbert Rosenberg, Charles Gregonis, Jr., and Serge Doyen~ Jr. Also present: Mr. Howard M. Terry~ Building Inspector. PUBLIC HMARING: 7:30 P.M.s Appeal No. 162 - Appli- cation of Costas Starss Main~toads East Marions New Yorks for a special exception in accordance with the Zoning 0rdinance~ Article III, Section ~03s Subsection ll~ for permission to erect and maintain a directional advertising sign on the property of Adsm Pekunkas east side of Main Roads Arshsmomaques New York. Fee paid $15.00. The Chairman opened the hearing by reading application for special exception, legal notice of the hearing, and affidavit attesting to its publication in the officis1 newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? $outhold Town Board of Appeals -2- May 7, 1959 Mr. Costas Stars, east Marion~ New York, stated that he wished to speak in favor of the application. Mr. Terry explained the sketch of the property where the ~roposed sign is to be located~ which appeared in the file. Mr. Stars wishes to erect a three by four foot~ one- sided sign on the north east corner of the property of Ad~ Pe~ka. The Chairman asked Mr. Stars how many other directional signs he has and Mr. Stars indicated he has three signs on his own property~ but none located off of his property. CHAIRI~AN: Is there anyone who wishes to speak against this application? --- Are there any questions? (No one wished to spe~.) Re~olution was offered by Mr. Rosenberg~ seconded by Mr. Bergen~ Whereas application of Cost~s Stars, ~aving · been considered at Public Hearing~No. 162 on May 8~ 1959~ and the Board finding that the puolic convenience and wel, f~re and Justice will be served and the legally established or permitted use of neighborhood property will not be sub- stantially or permanently injured and the spirit of the Ordinance will be observed~ therefore Be it RESOLVED that the application for a special exception be granted for the erection of a three by four foot single faced directional sign lettered Stars l~or~ CabiDs~ East Marion, New York, with a directional arrow and ~ miles~ to be located three feet above the ground and at least five feet from the northeasterly property line on property of Adam Pekunka~ Main Road~ Arsh~momaque~ New ~ork. Vote of the Board: ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg~ Mr. Gregonis, and Mr. Doyen. The minutes of the meeting of April ~0~ 1959 were approved as suBmi~ted~ subject to correction~ by motion of Mr. Bergen~ seconded by Mr. Rosenberg and carried. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ ~. Rosenberg, Mr. Gregonis, and Mr. ~oyen. PUBLIC .M~.a~ING: 8:15 P.M.~ Appeal No. 16~ - Appli- cation of Charles M. King, Sunset Shores, East Marion, New York~ for a special exception in accordance with the Zon- ing Ordinance~ Article X~ Section 1007~ Subsection E~ for permission to replace a non-conforming business building. Location of property: north side Main Road, (Route 25) Southold Town Board of Appeals -3- May 7, 19%9 East Marion, New York, bounded north by A. Quintana, east by P. Van Valkenberg, south by Main Road, and west by A. Quintana. Fee p a id $15.00. Mr. King present an application which had been ~mended and Resolution was offered by Mr. Bergen~ seconded by Mr. Rosenberg and carried that the amended application, showing the owner-tenant relationship, be approved. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg, Mr. Gregonis, and Mr. Doyen. The Chairman opened the hearing by reading application for special exception! legal notice of hearing and affidavit attesting to its publication in the official newspaper. Mr. King presented a petition to the Board and the Chairman read same. This petition contained 1% signatures~ all of whom represented approximately 90% of the surrounding property owners in the immediate vicinity of the property in question. CHAIRMAN: Is there anyone present who wishes to speak for this application? Mr./stated that he wished to speak in favor of the application and indicated that the application covered everything he intended to do. CHAIRMAN: property? MR. KING: CHAIRMAN: old store? Do you intend to move the barn from the ~es. And do you intend to demolish the 96 year MR. KING: Yes. CHAIRMAN: The front of the building will be ~0 ft. wide, approximately as it is on the sketch? The west wall will be 55 feet and the north wall will be 2% feet and 1% feet and the east wall will be 35 feet and 20 feet? PR. KING: Yes, although it may be a little smaller~ but when I applied I used the largest measurements ~ would possibly have . If I made it smaller and wanted to make it larger at a later date I would have to come in again otherwise. CHAIRMAN: What are the d~mensions of the present store? ~R. KING: 2~ x 36, plus the shed on the back of the store which is possibly six by 20. Southold Town Board of Appeals ~+- May 7, 19~9 CHAIRMAN: In our original discussion about this you said something about the possibility of a parking lot in the rear of the store? MR. KING: On the east side and to the rear it might be possible to set it up so that it may be used as a parking lot. CHAIRMAN: Will there be enought room to m~e a drive- way beside the building? MR. KING: There will be 22 feet. MR. R0$ENBERG: However~ I believe each p~rking apace for each car requires 3~$ sqare feet and you will not have much space for very many cars. There was c~nsiderable discussion relative to the location of the proposed building. Mr. King stated that the architecture of the proposed store would be colonial in keeping with the other buildings in the vicinity. CHAIRMAN: Is there anyone present who wishes to speak for th~ application? MR. WAYLAND BROWN~ Main Road~ East Marion~ New York: I would like to speak in favor of the application. There has been a st~re in East Marion all of my life and I would like to see it continued~ and I think it wo~d be good for the village. I would also be in favor of modernizing the building. CHAIRMAN: Is there anyone else who would like to speak for this application? MR. ER~EST RADFORD~ Main Road, East Marion~ New York: I have no objection to th~s application being granted~ but I would like to say that this particular area where the present stc~e is located should all be zoned Business, since East Marion has no business area. I would also like to see my property zoned business and have said that before. The store.has been there a long time and I would like to see it continued~ and I do not think the man~ right to conduct his business should be taken away. CHAIRMAN: You have no objection to modernizing the store and in addition you would go further than that and su§gest that an area on both sides of the Main Road should be z~ned business? MR. RADFORD: I think eventually it should be, in at least five years. There was discussion relative to the zoning of a section $outhold Town Board of Appeals -~- May 7~ 19~9 of East Marion as Business. MR. ROSENBERG st ated that he had spoken to the Town Board and asked their feelings on the pssobility of zoning the particular area in question and adjoining property as Business. The Town Board stated that they are perfectly willing to sponsor a change of zone and consider itfavorably however a petition must be submitted by those property owners in the area that are in favor of the change. The Town Board is in favor of that which is best for the community. The Chairman discussed the advantages and disadvantages of having a business zone in East Marion for those present to consider. CHAIP~N: Is there anyone else present who wishes to speak for this application? MR. DOYEN: Mr. i~ing, you would be in favor of having your property and the general surrounding property rezoned for business? MR. KING: I do not know, I would have to Rink about it. If the rest of the village is in favor of a business zone for that particular area I would go along with them. There was further discussion relative to the location of the proposed building with respect to the property and Mr. King confirmed the sketch that appears in the file. The Chairman asked Mr. Radford what would be his advantage of having his property zoned Businesa Mr. Radford stated that he does not believe in the idea of keeping things as they were fifty years ago. He likes to see them go forward. He has an office in his ho~e and if he wanted to sell that property he could sell it for business if that were the zoning. ~. Radford believes that every village should have a business district where business may develop freely. CHAIE~N: Is there anyone present who wishes to speak for this application? MR. ARTHUR QUINTANA, Main Road, East Marion, New York: I own the land on the west and north of Mr. King. I was thinking myself of putting in an appliaation for a business district for my land down to the post office. I would like a better store than there is now, and I would like to also see a business area established. Mr. Quintanawent on to describe the location of his property with relation to the location of Mr. King's store. CHAIR~N: Are there any other questions members of the Southold Town Board of Appeals -6- May 7, 19~9 Board would like to ask? Is there anyone present who wishes to speak against this application? (No one wished to speak.) CHAIRMAN: I would like to suggest that this hearing be recessed. We will arrive at a decision tonight. Resolution was~ered by Mr. Rosenberg, seconded by Mr. Doyen and carried, to recess this hearing and arrive at a decision before the close of tonights meeting. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. After further discussion, Resolution was offered by Mr. Rosenberg, seconded by Mr. Bergen and carried, Whereas application of Charles M. King, having been considered at Public Hearing No. 163 on May 7, 19~9, and the Board finding that the public convenience and welfare and Justice will not be served and the legally established or permitted use of neighborhood property will be substantially or permanently injured and the spirit of the Ordinance will not be served, therefore Be it RESOLVED that the application be denied because Mr. King wishes to demolish present store and building and replace the present store with a new building costing greatly in excess of ~0% of the fair value, as established by the Board, of the present store building. The s tore is at present non-conforming and we are convinced that the applicant's reasoning is inadequate to ~ rmit this Board to grant a special exception. Testimony introduced did not reveal a need for expansion but merely indicated that the immediate neighbors largely favor this project. The solution to this situation lies in a possible change of zone in our opinion. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: 8:30 P.M. (Appeal No. 165 - Appli- cation of Elizabeth T. King, for Lela Tucker, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article IV, Section $00, as it refers to Article III, Section 303, and Article X, Section lOOOA, for permission to reduce frontage and use as a single lot property located on the west side of ~oungs Road, Orient, New York, bounded north by E. H. King, east by Young s Road, south by E. H. King, and west by E. H. King. Fee paid $1~.00. Southold Town Board of Appeals 07- May 7, 19~9 The Chairman opened the hearing by reading application~ notice of hearing as it appeared in the officla newspaper, and affidavit attesting to its publication. CHAIRMAN: Is there anyone present who wishes to spe~ for this applidation? MRS. MT~IZABETH T. KING~ Orient, New York: I wish to speak in favor of this application. We wish to build a house. CHAIRMAN: Is there anyone present who wishes to speak against this application? (NO one wished to speak.) Resolution was offered by Mr. Grigonis~ seconded by Mr. Bergen and carried, Whereas application of Elizabeth T. King, having been considered at Public Hearing No. 16~ on May 7~ 19~9~ and the Board finding that strict application of the Ordinance would produce undue hardship because owner would be unable to utilize lot for a residence without securing this variance. The situation is unique and wo~ld not be shared by all properties alike in the immediate vicinitybecause this lot is one of three residential lots in a business area. 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 served because this lot would be used for residenial, in keeping with adjoining property to the north and south, Be it RESOLVED that the applied for. Vote of the Board: Ayes:- Mr. Gillispie~ ~. Bergen, Mr. Rosenberg, Mr. Grigonis,~and ~r. Doyen. PUBLIC HEARING: 8:~.M., Appeal_No. 16~, App ii- cation of A. Halsey Brown, Main Road, (Route 2~), East Marion~ New York~ for a special exception~in accordance with the Zoning 0rdinance~ Article IV,Section ~08~ Subsection A, for permission to erect and maintain a real estate advertising sign on the northeasterly corner of property of Royal Toner, ~5 feet south of the Main State Road, Greenport, New York. Fee paid $1~.00. Chairman read the application for a special exception, legal notice of hearing, with affidavit attesting to its publication in the official newspaper. CMATRMAN: Is there anyone present who wishes to speak for this application? Are there any questions? Southold Town Board of Appeals -8- May 7, 1959 CHAIRYa~N: Mr. Terry, where was this sign located previously? MR. TERRY: West of Silvermere Road~ West Green~rt. Mr. Brown had to take it out of there. CHAIRMAN: Is there anyone present who wishes to speak for or against this application? MR. ERN~-~T RADFORD~ Main Road~ East Marion~ New York: I would like to ask a question pertaining to the application. I have a real estate sign at approximately the same location on Toner's property as Mr. Brown intends to erect his sign. What is the purpose of having his sign so close to mine? Is he trying to blot it out or what? My sign is located on the ~ortheast corner next to Powers property~ Just beyond the stone wall~ and has been there before zoning. CHAIRMAN: The question at this point ~ perhaps the Board should require that the sign be relocated within a reasonable distance from where it was previously located. In this case it would be giving a man a new sign in an entirely new loCation. This would be a move of one and ~ to one and ½ mile from the original location. M~. RABFORD: I would like to point out that Mr. Brown has signs all along the Town. After further discussion it was decided to recess this meeting until such time as Mr. Brown would like to come in and give a new location for the sign. The Board is in favor of relocating the sign in an area within a reasonable distance from the original location. A letter to ~his effect was forwarded to Mr. Brown. PUBLIC B~.~qING: 9:00 P.M.,AppeaL No. 166~,~- Appli- cation of Harold R. Reeve & Sons~ for ~larence ~uthill~ Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to reduce west side yard on property located on the south side of Main Road~ Mattituck, New York~ bounded north by Main Road~ east by F. Sidor~ south by C. Melot~ and west by G. Filla, Fee paid $15.O0. The 6hairman read application~ legal notice of hearing~ with affidavit attesting to its publication in the official newspaper. CHAIrmAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -9- May 7, 1959 CHAPMAN: Is there anyone present who wishes to speak for this application? Mr. Harold R. Reeve, Jr., appeared at the hearing to answer any questions the Board might have. CHAIRMAN: Are there any questions from the members of the Board? ME. TERRY: All houses in the neighborhood are similarly located and it would be impossible to locate the room in any other place. CHAIRMAN: 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. Doyen and carried, Whereas-application of Harold R. Reeve & Sons for Clarence Tuthill, having been considered at Public Hearirg No. 166 on May 7, 19~9, and the Board finding that strict application of the Ordinance would produce undue hard- ship because of the layout of the house it would be impractical to locate the room on the west side where there is sufficient room. The situation is unique and would not be shared by all properties in the immediate vicinity because Mr. Tuthill is confined to his bed and cannot use the second floor and a combination bedroom and living room is necessary. 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 served because th~ area is largely farm land and this would still be a continuation of the residential use, therefore Be it RESOLVED, that the application be granted as applied for. vote of the Board: ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. PUBLIC HEARING: 9:lg P.M., Appeal No. 167 - Appli- cation of Paul's Servicenter, North Road, Peconic, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection ll, for permission to erect and maintain an advertising sign on the south side of Nc~th Road (Route 27A), 12g feet east of the s ervicenter, bounded north by North Road (Route 27A~ east by K. Case, south by Railroad, and west by road. Fee paid $1~.00. $outhold Town Board of Appeals -10- May 7, 19%9 Chairman read application for special exception, legal notice of hearing and affidavit of publication as it appeared in the official newspaper. CHAIRMAN: Is there anyone present who wishes to s peak for this application? MR. HAROLD E. PAULy North Eoad, Peconic, New York: There have been a sign there before~ but it had blown down. There had been a sign on that location for a good five years. We need this sign because of the trees. If the trees are taken down the sign will be taken down. The trees block the view of the station and make the sign necessary to warn the people that there is gas ahead. GtAIP~vLAN: I would like to make it clear on the location of the old sign that you are speaking about. MR. PAUL: It was on the northwest corner of the inter- section of Mill Lane and Peconic Lane and Middle Road. We did not reerect it because it is quite a job and also it was a traffic hazard.. There was a discussion relative to the surrounding property. CHAIRMAN: The sign in question that you are applying for is on the lawn of your property? MR. PAUL: It might be on some County property, one leg of it. MR. ROSENBERG: How far back is your home from the road? MR. PAUL: Between %0 and 7% feet. MR. ROSENBERG: How long has the sign been down? MR. PAUL: about two years. It had been there previous to that for about three years. Mr. Robert Paul, son of Mr. Harold Paul answered several questions posed by the Board. MR. ROSENBERG: How many signs do you have on your property? MR. PAUL: I believe there are about five signs. (Mr. PALL1 named them.) There was considerable discussion relative to the location of the pumps, various signs~ trees and other obstacles. It was pointed out that there are actually nine signs on the Paul prop- erty. Mr. Paul stated that he definitely needs four signs out of the nine to conduct his business properly. $outhold Town Board of Appeals -ll- May 7~ 19~9 Resolution was offered by Mr. Gregonis, seconded by Mr. Rosenberg and carried, Whereas application of Pm~l's Servicenter having been considered at Public Hearing No. 167 on May 7~ 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 will be observed, therefore Be it RESOLVE. U, that the application be granted as applied for and Amended May 7~ 19~9, for the advertising sign, advertising Paul's Servicenter, to be $ by ~ feet, location to be five feet from any property line. This sign replaces a non-conforming sign which blew down on the northwest corner of Mill Lane and Niddle Road (Route 27A), This permission is subject to revocation for cause. Mr. Paul Amended his applica~on to state that he would remove all signs on the property except the Mobile sign on the high pole on the west end of the property, the price sign on the west pillar and the price sigh on the east pillar of the canopy and the swinging sign fastened to the front of the canopy. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg~ Mr. Grigonis, and Mr. Doyen. Mr. Richard Kull, son of Antone K~tl, appeared before the Board of Appeals in connection with a letter received from the Planning Board relative to cleaning up his yard before April 1960 or it will be considered a junk yard. The property is located on the east side of Indian Neck Lane, Peconic and can not be seen~om Route 2~. Mr. Kull wanted to know if he would have to fence the property in on four sides, since it is partly surrounded by meadow and woods. Mr. Rosenberg stated that he would visit the property and give his report at the next meeting on ~_y l~th and the Board would then advise Mr. Kull of their determination. A letter to the Board of Appeals from Mary E. Pylko was read. Mrs. Pylko's letter gave permission to J. Richard Holmes to put a sign on her property advertising the 01d Mill Inn. Mr. Holmes application No. 109 for a special exception was continued from November 6, 19~8 pending receipt of written permission from Mrs. Pylko. Resolution was offered by Mr. Bergen, seconded by Mr. Doyen and carried, Whereas application of J. Richard Holmes, having been considered on November 6~ 19~8 ~nd May 7, 19~9, Appes1 No. 109~ and the Board finding that the public con- venience snd welfare and justice will be served and the Southold Town Board of Appeals -12- M~y 7, 19~9 legally established or permitted use of neighborhood property 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. ~ Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. ~oyen. The next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M., Thursday, May 15~ 1959 at the T~n Clerk'E Office, Main Road, Southold, New York. On motion of Mr. Rosenberg, seconded by Mr. Doyen and carried, it was Resolved that the Board ofAppeals set time and place for hearing on application of Peter Pappas, East Gillett Drive, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article IVy Section $0~ for permission to reduce front yard requirements on property located on the east side of Main Road (Route 2~), Orient Point, New York, bounded north by E. McDonnell, east by E. McDonnell~ south by parking field and west by MainRoad (Route 2~). Time and place being 7:30 P.M. (E.D~ .T.), May 21~ 19~9 at the Town Clerk's Office, Main Road, Southold, New York. Vote of the Board: Ayes: Mr. Gilltspie, Mr. Bergen, Mr. Rosenberg~ Mr. Grigonis~ and Mr. Doyen. By Resolution offered by Mr. Gregonts~ seconded by Mr. Bergen and unanimously carried, 7:~ P.M. ~E.D.S.T.), May 21, 1959 at the Town Clerk's Office, Main Road, Southold, New York, was set for the hearing upon application of F. j. Rossi, Depot Lane, Cutchogue, New York, for a special exception in accordance with the zoning Ordinance, Article III, Section 300, Subsection ll, for permission to erect and maintain a directional sign on the vicinity of intersection of Depot Lane and Oregon Road, Cutchogue, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. Resolution was offered by Mr. Doyen, seconded by Mr. R~senberg, and unanimously carried, that the application of William Arasimowicz, Private Road, north side the Gloaming, Fishers ISland, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 300, Subsection 7 for permission to reduce front yard set back requirements and build private garage on property located on Private Road, north side The Gloaming, Fishers Island, dew York~ bounded north by Southold Town Board of Appeals -13- May 7, 19~9 West Harbor, east by E. Hedge, south by G. Leone, and west by D. Torrance. Time and place was set for 8:00 P.M. (E.D May 21, 19~9 at the Town Clerk's Office, Main Road, Southold~ New York. Vote of the Board: ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen. It was further Resolved, that legal notice of hearings is to be published in the official newspaper on date of May l~, 19~9. Legal notice of the Arasimowicz case was al~ forwarded to the New London Day, New London~ Connecticut to be published. Meeting adjourned at 12:~0 AM. Respectfully submitted, Judith T. Bok~ Secretary