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HomeMy WebLinkAboutZBA-04/30/1959 APPEAL BOARD MEMBEIRS Robert '~/. Gillispi¢, Jr., Ch~irm~n Rob=~t Bcrscn Herbert Roscnbcrs Charles Grcsonis, Jr. $¢rBz Doyen, Jr. Town Board of Appeals SElUTHOLD, L. I., N, Y. Tzlcphon~ SO 5-~6~0 MINUT~ Southold Town Board of Appeals APRIL 30, 1959 A resular meetin~ of the Southold Town Board of Appeals was held on Thursday, April 30, 1959, 7~30 P.¥. at the Town Clerk,s Office, Main Road, Southold, New ~ork. There were presentg Messrs. Robert W. Gillispie, ~r., ~hairman, Herbert Rosenberg, and Charles Gregonis, Jr. Absent~ Messrs. Robert Bergen ~,d Serge Doyen, Jr. Also present: Mr. Howard M. Terry, Building Inspector. PUBLIC HEARING~ 7~30 P.M.. Appeal No. 160 - Appli- cation of Olin 61over, Pequash Avenue, Outchogue, New York, for a variance and special exception in accord- --ce with the Zoning Ordinance, Article III, Section 303 and 306, and Article X,Section iOOOA, for permission to use lot and reduce side yard on corner lot located on Peqnash Avenue and First Street, Outchogue, New York, bounded north by l~rst Street, east by now or formerly of Fleet,.southby Glover, and west by Pequash Avenue. Fee paid $15.OO. The 2hairman opened the hearing by reading application, legal notice of hearing and affidavit attesting to its publication in the official newspaper. Southold Town Board of Appeals -2- April 30, 1959 CHAIRMAN~ Is there anyone present who wishes to spe~ for this application? MR. HOWARD TE~tY, Building Inspector: Iwish to say that the application appears to be reasonable. There will be approximately 60 ft. front yard setback ~d 2~ ft. side yard setback. The Board discussed the application. CHAIR~AN~ Is there anyone present who wishes to speak against this application? (No one wished to spe~.) Resolution offered by Mr. Rosenberg, seconded by Mr. Gregonis, and carried, ~hereas application of olin Glover having been considered at Public Hearing No. 160 on April 30, 19%9, and the Board finding that strict application of the Ordinance would produce undue hardship because the owner of the lot would be unable to build on same without securing this variance. The situation is unique and would not be shared by all properties alike in the i~snediate vicinity because this is the only remaining vac~,t l~t in the immediate area. The public convenience and welfare and Justice will be substantially served, and the legally established use of neighborhood property and adjacent use districts would not be substantially or permanently injured, and the spirit of the 0rdin-nce would be served because the lot would be in conformance with the other 75 ft. lots in the area. Be it RESOLVED that the application for a variance and spe elal exception be granted to locate the proposed dwelling at least 2~ ft. from First Street, and in line wi~ the other existing dwellings presently on Pequash Avenue. Vote of the Board: Ayes~- Mr. Gillispie, Hr. Rosenberg, ~d )tr. Gregonis. PUBLIC ~.ARING~ ?~% P.M., Appeal No. 161 - Appli- cation of Hon. Leone D. Howell, 75 Roslyn Road, Mineola, New York, for a varig-ce in accordance with the Zoning Ord~,~,~, Article ~, Section 30~, and Article ~ Section iO00A, for permission to reduce frontage and usea~ a single lot, property located on a Private Road, West side of Camp ~ineola Road, Mattituek, New York, and bounded north by right-of-way, east by Ruland, south by Great Peconic Bay, and west by Cahill, Fee paid $15.00. The ~hair~an opened the hearing by reading application for variance, legal notice of hearing and affidavit attest- lng to its publicatioh in the official newspaper. ~ Southold Town Board of Appeals -3- April 30, 19~9 CHAIRM~s Is there anyone present who wishes to speak for this application? Mr. Otto Van Tuyl, Greenport~ N.Y., stated that Judge Howell asked hi~ to be present and answer any questions the Beard might have. Mr. Van Tuyl explained the application and described what Judge Howell proposes to do. Resolution was offered, there being no one present who wished to speak against the application, by Mr. Gregonis, seconded by Mr. Rosenberg and carrled~ Whereas application of Hon. Leone D. Howell having been considere~ at Public Hearing No. 161 on April 30,19~9. and the Board f.inding . that strict application of the Ordinance ~ld proauce un due hardship because the entire area is laid out in ~O ft. lots, this being the only 100 ft. parcel, -,d the applic~t would be unable to divide this lot and equalize the lots on either side of hi~. The sit,;_~tion is unique --d would not be shared by all properties alike in the i--ediate vici-ity because this is the only remaining 100 ft. parcel surrounded by ~O ft. lots. The public convenience ~nd 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 wo,;ld be served because the lot would be in conforms_nee with the entire area and would improve the area by enlarging the surrounding lots. Be it RESOLVED that the application be gr,,ted as applied for o Vote of the Boards A.vess- Mr. Glllispie, Mr. iosenberg, and ](r. Gregonis. Mr. Thoems ~urzenia appeared before the Board in connec- . tion with his Appe$1 No. 1~ for a special exception in accord ance with the Zoning Ordinance, A~ticle ~YI, Section ~00, Subsection 11. for permission to locate and maintain a directional sign on the south side of North Road, east of Albertsons L~ne, on property of Mrs. F. Stepnowski, Greenport, New York. This appeal was held on Thursday, April 2~ 1~ by decision was withBeld pending further information fro~ Hr. Jursenia giving a fairly approximate location of the proposed sign. Mr. Jurzenia stated that he has received ver~ permission from Mr. Edwin Xing to locate a sign on his property on the southeast corner of the intersection of North Road and Chapel L~_~e and requested that the location on his origi-a~ application be cha~ged to conform with the new location. Southold Town Board of Appeals ~+- April 30, 1959 Resolution was offered by ~r. Rosenberg, seconded by Mr. Gregonis ~r~ carried Whereaw application of Thomas 2urzenia, having Been considered at Public Hearing No. on April 2, 1959, ~nd the Board finding that the public convenience and welfare and Justice will Be served and the 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 R~0LVEDthat the application for a special exception be granted, subject to the ~rltten permission of the o~ner of the land, for the erection of a 6 by 10 ft. directional sign advertising only the facilities of the Silver Sands Motel to Be located on the southeast corner of the intersection of North Road and Chapel Lane, Greenport, on the land of E. H. EAng. This sign is to Be no closer tbs- five feet from the property line. This permission is good until revoked. Vote of the Boards Ayess- Mr. Gillispie, ~r. Rosenberg, and Mr. Gregonis. Mr. Peter Pappas, East Marion, appeared Before the Board of Appeals for an informal discussion relative to repairing and extending the front of the ~iffyBite, Orient Point. Mr. Pappas indicated that since the front of the Building needs repairs he would like to extend the floor space at the s~me time and square the Building off with the eaves. The Board discussed Mr. Pappas' proposa~ and advised him to apply for a Variance under Section ~0~ whieh has to do with~t~e yard~ ina "B" Business district. Mr. ~ohnEoroleski came before the Board for an ~-~or~al discussion relative to moving his nursery business from its present location on Sound Avenue, West Mattituck, to the Unkelbach property, approximately 3/% of a mile east of his present location. Mr. Eoroleski is Being ejected from his present location, and has a contract to buy at this new location which will become final on September 1st. The Board of Appeals, after discussion of the proposal, advised ~oroleski to apply for a speolal exception under Article X,' Section 100? D, which has reference to non-conforming uses, since the building had previously been used for raising, and hatching chickens. Mr. Fred Eoung, o~ner of Young,s Boat Yard, in the vicinity of Sage~s Brickyard, Arsh~_mo~aque, c~me before the Board for *~ informal discussion relative to violations he has received pertaining to signs. Each violation was taken separately and dis~assed and the Chairman quoted part of minutes of another meeting which delt with business signs Southold Town Board of Appeals -5- April 30, 1959 advertising products, One of ~r. Yotu~g's signs had been moved by the State and he was advised that he may replace it as near as possible to the previous location when the time comes. Mr. Edward Purcell also appeared ~efore the Board of Appeals for an infer,.-1 discussion relative to signs. He asked several questions relative to the placing of a sign on the property of Mr. A. Frohne, Silvermere Road, Greenport and also relative to a sign for the Sound Shore Motel. Mr. Purcell stated that most motel signs are electrical in nature and it is his feeling that they should be at least fou~ feet from the ground instead of the present three feet. On,orion of Mr. Rosenberg, seconded by Mr. Grego,~s and carried, it was Resolved that the Boardof Appeals set time and place for hearing on application of George W. Krielizg, Howard Avenue, Mattituck, New York, for recognition of access under Section 280A of ~he Town Law. Location of property= private right of way going east from M~rratooka Road on Lupton's Point, Map of Lupron Point, Mat~ituck, New Y~ork. Ti~e and place Being ?530 P.M. (E.D.S.T.), May 1~ at the Town Clerk,s Office, Main Road, Southold, New York. Vote of the Board~ Ayes=- Mr. Gillispie, ~r. Rosenberg, ~d Mr. Gregon~s. By Resolution offered by Mr. Gregonis, seconded by ~Rosen~rg and unanimously carried, ?~5 P.M., (E.D.S.T.) 1~, 19~ was set for the hearing upon application of Claudio Giovanelli and ~ederick Schultz, GreenpOrt and Southold, N.Y. respectively, for a special exception in ~ccordance with the Zoning Ordinance Article IV. Section ~00, ~ubsection 9. and Article VII~, ~ection 801, Subsection C for permission to use and ~aintain premises as a public garage and automobile show room and incidental thereto automobile service or gasoline station. Location of property, situated in the To~ of outhold, boun~ed north by now or for~__erly o~ Gagen, east by_now or formerly of Gagen, south by ~iddle ~oad (Route 27A County), and west by Railroad Av~lueo Vote of the Board~ Ayes~- Mr. Gillispie, Mr. Rosenberg, an~ Mr. Oregonis. Legal notice on all of the abo~e hearings will be published in the official newspaper on May 8, 1959. The minutes of the meeting of April 23. on motion of Mr. Rosenberg, seconded by Mr. Gregoni~ a~ carried, ware approved as submitted. The minutes of April 28, 1959 were approved as submitted on ~otion of Mr. Rosenberg, seconded by Mr. Gillispie and unanimously carried. Southold Town Board of Appeals -6- ~pril 30, 19%9 The Board of Appeals received a communication from the Planning Board stating that they wish to go on record that they will be unwilling to recommend any extension of business zones on the ~iddle ~oad until such time as the State, County A.d Town agree on ~t type of road there shall ~e and where it is to be located. The Board of Appeals discussed several proposed ~-end- ments to the Building Zone Ordinance ~_-d a letter was dictated to the Plan~ing Board with the Board of Appeals recommendations. These proposed amendments had to do with sign sizes, amusement enterprises, and distance of signs from the ground. Mee%ing adjourned at llt30 P.M. Respectfully sulw~ tted, Secretary