HomeMy WebLinkAboutZBA-04/23/1959Southold Town Board of 4ppeals
SOUTHOLD, L. I., N. Y.
Telephone $O 5-~660
APPEAL BOARD
MEMBERS
Robert LX/. Gillispi¢, Jr., Ch~irm~n
Rob~t Bergen
Herbert RosenbersI
Charles Gregoni% Jr.
Ser~e Doyen, Jr.
MINUTES
Southold TownBoard of Appeals
April 23, 19~9
A regular meeting of the $outhold Town Board of
Appeals was held Thursday, April 23, 19~9, 7:30 P.M.~
at the Town Clerk's Office~ i~,£ain ~oad~ Southold, New
York.
There were present: ~,~ssrs. ~obert W. Gillispie~
Jr.~ Chairman~ Herbert Ecmenberg, Robert Bergen, and
Charles Gregonis~ Jr.
Absent: i~M. Serge Doyen, Jr.
Also present: i~M. Howard
~,z. Terry~ Building
Inspector.
PUBLIC HE, iRING: 7:30 P.l,.i., Appeal No. 1~6, Appli-
cation of Stephen Ir~mescu, Private Road, Box 356, Southold~
New ~ork~ for a variance in accordance with the Zoning
Ordinmuce, Article III~ Section 307~ for permission to
reduce east side yard on property located on the west
side of North Bay View Road~ Southold, New ~ork, and
bounded north by Goose Creek~ east by i~llgraf, south
by Private ~oad, and west by Sayre and ~oung~ Fee paid
z .oo.
The Chairman opened the hearing by reading appli-
cation for variance, notice of disapproval issued by
Southold Tov~ Board of Appeals
-2- April 23 19~9
,
the Building Inspector, and legal notice of the hearing with
affidavit attesting to its publication in the official news-
~aper.
CHAIRi~I~: Is there ag;one present who wishes to speak
for this application?
ivy. Howard Terry~ B~.iiding Inspector, introduced i~.
Rodman Webb, Cottage ?lace, Southotd~ who is to construct
the proposed addition to the Irimescu house.
The Board held considerable discussion relative ~th~
sketch appearing in the file.
CHAIPd~N: How close is the next house?
There is 30 feet between the houses.
i.~. ROSENBEi~G: if the garage is constructed ¥~here they
intend there will be 23 feet between the two houses, I have
visited the property ~ad ~m faiuiliar with it.
~. %~B~: They tried to buy 2~ feet on the other side
of their house but they couldn't get it.
i~i. ROSE~EilG: This is the only feasible location for
the garage, as the view would be obstructed if it ~re placed
in the back of the house.
There being no one present who wished to speak against
this application~ Resolution was offered by ~. kosenberg~
seconded by ~. Gregonis, and carried, ¥~hereas application of
Stephen Irimescu~ having been considered at Pu%~lic ~aring ~.
1~6 on April 23~ 19~9: and the Board finding that strict appli-
cation of the Ordinance would produce undue hardship because
proposed location is only logical location and there is no
possibility of increasing the size of the lo~ The situation is
unique and would not be shared bM ~tl properties ati~e in ~he
i~ediate vicinity because this is a 7% ft. lot between t~o
larger lots and it is impossible to increase its size. The
public convenience and welfare and justice will be substantially
served~ and the legally established or permitted use of neigh-
borhood property and adjacent use districts %~ould not be sub-
stantiaily or permanently injured~ and the s~irit cf the Ordinance
would be served there are other d~llings with attached garages
in t~is neighborhood.
~e it ~-~3DOL'F~D t~at the application be granted.
Vote of the Board: Ayes~- ~. Gillispie, i,~. bergen~
~.~. ~%osenberg~ and i,~. Gergonis.
Southold To~,~a Board of Appeals -3- April 23~ 19~9
PUBLIC ~Ai~!~G: 7:~5 P.id.~ Appeal l~o. 1%7 - Appli-
cation of George F. Grat~u~,~ohl, for Elsie Grathwohl~ New
S~ffolk~ New ~"ork~ for a variance in accordance with the
Zoning Ordinance~ Article IIZ~ Sectior~ 303~ and ~rticle ~
Section lOOOA~ for permission to dedicate the following ~es-
cribed property to the To~a of Southold: Located on the
north west si~e of Grathwohl Road~ )~ew Suffolk~ i~ew York~
bounded north by other lands of the applicant~ east by
Grathwohl Road~ south by ~. ~lanchard~ and west bM West
creek. Fee paid ~i~l~.O0.
The Chairman opened the hearing by reading application
for variance~ notice of disapproval issued by the Building
Inspector~ and legal notice of the hearing with affidavit
attesting to its publication in the official newspaper.
Ci~I~: Is there anyone present who wishes to speak
for this application?
(No one wished to speak.)
The Board examined and discussed the map of the area
as it appeared in the file.
There being no one present ~£no wished to speak for or
against this application~ Resolution was offered by ~r.
Gregonis~ seconded by ~. Bergen~ and carried~ ?~ereas
application of George F. Grathwoh~ having been considered
at l~ublic Hearing No. 1~7 on Epril 23~ 19~9~ and the Board
finding that strict application of the Ordinance would produce
undue hardship because propertlz owners in the area would not
have any other access to "West Creek" other than this location.
The situation is unique and would not be shared by all properties
alike in the i~m~ediate vicinity because this property is to be
~dicated to the To~ of Southold and is the only property located
in the area directly opposite the end of the public road. The
public convenience and welfare and justice will be substantially
served~ and the i~gally established or permitted use of neigh-
borhood property and adjacent use districts would not be sub-
stantially or permanently injured~ and the spirit of the Ordinance
would be served because the propertM is too narrow to meet the
Zoning requirements and would provide public access to the
waters of "West Creek".
Be it ReSOLVED~ that the applicatioz~ be granted.
Vote of the Board: ~yes:- i,~r. Gillispie~ ~,~. Bergen,
i~. dosenberg~ and i~r. Gregonis.
Secretary was dictated a letter to Supervisor ~orman
I~ipp suggesting that the $1~.00 fee charged ~. Grathwohl
be refunded in view of the fact he is dedicating the property
to the To~,m of Southold.
$outhold Town Board of Appeals -4- April 23, 1959
Mr. George Fisher, southwest side Tuckers Lane, Southold,
N. Y. cmme before the Board for an informal discussion relative
to building an attached garage on the south side of his house,
making the side yard less than that required by the Ordinance.
The Board advised ivy. Fisher that he should make an application
for a variance.
PUBLIC i~ARING: 8:00 P.M., Appeal No. 158 - Application
of Helen G. Cochran, for Terry ~ters, Southold, New York, for
a special exception in accordance with the Zoning Ordinance,
Article III, Section 300, Subsection 3A for i~ermission to
dredge and use for boat basin, property located on the south
east corner of Terry Waters Property, bounded north by Lot 5,
south by Peconic Day, west
east by other lands of Terry Waters, ~ew Yor~. Fa paid ~!~15.00.
by Lot 7 and Rambler Road~ Southold, _
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.
CHAIRi~N: Is there anyone present who wishes to speak
for this application?
W. ~A~iO~O COCF2~AN, Main Road,?outhold~ New York: Helen
Cochran is listed as doing-business-as Terry Waters~ and has a
very small interest in it.
~. Terry, Building Inspector~ described the map of Terry
Waters at Bay View, Southold, L.Z., and the Board discussed same.
i~. COCHineal: ~ have permission of the Federal Governm~
to dig the canal. E~very lot ovmer from now on will have his own
boat mooring. They will have the use of a private beach and
private boat basin, ire contemplate~ in the future, having a
harbor of 30OOfeet of inland water.
CHAI~E': Will you want to have any facilities for the
owners of property such as gasoline?
~.~t. COCHi~A~,~: ?~ot at all.
~.,£~. TERmlY: That would not be practical, the land is too
1OW.
i~EQ. COC~i~q~: ~. Rambo~ our engineer, has all the blue
prints from the Federal Government~ unfortunately he was not
able to be here tonight to answer questions.
There will be nothing co~m~ercial about this?
~. COC[~LQAN: Never. The first deed will state they are
entitled to the berth. There will be about 60 berths, ~ feet
wide.
C~IRi~i: is there anyone present who wishes to speak
Southold To}m Board of Appeals -~- April ~3, 19i'9
against this application?
(i~o one wished to s?~ea~. )
Resolution offered by ~. Rosenberg~ seconded by
Gregonis and carried, ?~hereKs application of Helen G. Cochran~
for Terry %raters, having been considered at Public Hearing
No. 1~$, on April 23, 1919, and the Board finding that 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
or permanently injured and the sp~it of the Ordinance would
be observed, therefore
Be it ~OLVED, that the application be granted for the
dredging of the southeast corner of Terry Waters property for
a boat basin for mooring of private boats of property o%,mers
in this subdivision.
Vote of the Board: ayes:- i.~. Gi!lispie, Lt. Bergen,
Rosenberg, and ~. Gregonis.
YD~.LIC HE~tiEG: 5:1~ P.i[.~ Appeal ilo. 1~ - ~pplication
of Nichols Properties, Inc., Cutchogue, New Zori:, for a variance
in accordance with the Zoning Ordinance~ ~rticta IIi, gection
303~ and Article X, Section 1000a~ for permission to reduce
frontage and uae as single lot, property located on the ~oest
side of Minnehaha Boulevard~ Laughing Waters~ Southold~ ~ew York~
bounded north by Nichols Properties~ inc., east by hinnehaha
Boulevard, south by H. Currie, and west by iGnapp and Byrnes.
Fee paid :i)1~.00.
The Chairman opened the hearing by reading app!ication~
legal notice of hearing~ and afffidavit attesting to its publica-
tion in the official newspaper.
Ci~I~.~il: Is there anyone present ~,~o wishes to si?ea~ for
this applicatio~?
i~. WILLI~[ ¥IICi~Li~,i, Cutchogue, Kew York: There is very
little I have to offer in addition to the application, except
an apology. I prepared the deed for the seller of the land aad
had been told bM i~. Nichols and ~..~eilly that the variance
had been secured for the building permit~ and it was not u~til
after the application for a building permit had been denied
that we found that the variance had not been secumed and ~e told
the purchasers that we would maize the necessary application at
the expense of the seller. I pointed out in the application the
other lots have been remapped az~d remonumented as shorn on the
map, and. we respectfully request that t~ requested ap?lication
be granted.
Southold Totem Board of A]~peals -6- April 23~ 19~9
CHAI[~.C~i[: is there anyone else v/l-~o wishes to speak
for this application?
(No one wished to speak.)
CHAIR[AI~[: is there anyone present who'~..~ishes to speak
against this appeal?
(No one wished to speak.)
C)~i~{[,~[: Is there anyone present ~ho wishes to speak
or ask any questions?
There being ne questions hesolution was offered by ~.~.
~gonis~ seconded by i~m. Bergen smd carried, i'~ereas appli-
cation of Nichols ~roperties~ Inc.~ having been considered
at Public Hearing No. 1~9~ on April 23, 19~9~ and the Board
finding that strict application of the Ordinance would produce
undue hardship because the ovmer of this lot would not be able
to build on same without sect~ing this variance. The situation
is nmique and would not be shared bM ail properties alike in
the i~mediate vicinity because this is the only remaining lot
in the area which is tmdersized. The public convenience and
welfare and justice will be substantially servea~ and the
legally established or permitted use of neighborhood property
and adjacent use districts would hot be substantially or
permanently injured, and the spirit of the Ordinance wo~mld be
served because most of the lots in 'the st~rotu~ding development
are undersized.
Be it P.~E~ZOLVED, that the application be granted.
Vote of the Board: Ayes:- i,~. Gillispie~ i~. Bergen,
~. Rosenberg, and ~. Gregonis.
The minutes of the meeting of April 16~ 19~9~ on motion
of i~. Bergen, seconded by i~. llosenberg~ wet e approved as
submitted.
Vote of the Board: ayes:- i~. Gillispie~ i~. Bergen~
and i~. Rosenberg~ i~. Gregonis did not vote.
I~. Gregonis disqualified himself at this point as he
has a personal interest in the following ~atter.
~. Rennselaer G. Termly, Jr.~ appeared before the Board
and requested that a decision be reached in the matter of the
Appeal No. 1~ application of George and Lillian Braun for a
special exception to erect and maintain a g~soline service
station at the intersection of Hiddle Road and Youngs Avenue,
Southold~ New York.
Southold To~au Board of Appeals
-7- April 23, 1959
After considerable discussion between the Board~ i~'~. Terry
and 1M. William Wickham~ with reference to securing the necessary
permission from the State or Comity a:~d Town Highway Depart-
ments~ it was by
Motion of Mr. Rosenberg~ seconded by i.,~. Bergen and
carried~ l~hereas application of George and Lillian Braun~
having been considered at Public Hearing No. 15~ on April 16~
19~9~ and the Board finding that the public convenience and
welfare and justice will be served~ and the legally establish-
ed 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~ therefore
Be it R~SOLVED~ that the application be granted subject
to the following conditions:
1. Location: At intersection of Middle Road and Youngs
Avenue~ $outhold~ New York~ bounded north by Middle Road~ east
by Youngs Avenue~ south by S. Grattan and Charnews: and west
by J. Charnews.
2. Sigas to be in accordance with Article IVy Section
40~ of the Building Zone 0rdinano~ of the Town of $outhold.
3. No major repair work shall be performed in the open.
4. P~nnps~ lubricating and other devices shall be located
at least fifteen (1%) feet from the line of shy street or
highway~ right of way or property line.
~. Ail fuel or similar substances shall be stored at
least fifteen (1~) feet from any street or lot line.
6. No automobiles~ or automobile parts~ dismantled or
damaged vehicles and similar articles shall be stored in the
open and no parking of vehicies~ other than tho~ being
seZviced~ shall be permitted.
7. Application for building permit must be made within
one (1) year.
8. State or County~ and Zown Highway Department permission
must be obtained for access to this property. (Written permission.)
Vote of the Board: Ayes:- i,~. Gitlispie~ ~,~. Bergen~ and
~. Rosenberg. i'~. Gregonis~ having disqualified himself~
not voting.
I~M. Charles King appeared before the Board of Appeals and
submitted his application for a special exception to replace his
Southold To~m Board of Appeals -~- April ~3~ 1959
non-conforming business building in East Marion.
On motion of ~. Gregonis~ seconded by l,~. Bergen, and
carried~ it was
RE~0L¥~ED~ that time and place be fixed for the following
public hearings to be held bM the Board of Appeals of the To~
of Southold at the To~n Clerk's 0ffice~ Main i~oad, Southold,
New York~ on May 7~ 19~9:
7:30 P.M. (E.D.S.T.), upon application of Costas Stars,
Main Road, East ~rion, l~[ew York, for a special exception in
accordance with the Zoning Ordinance, £~rticle iii, Section
300, Subsection ll~ for permission to erect and maintain a
directional advertising sign on the property of Adam Peimn~a,
east side of Main Road, Arshamomaque, New York.
8:15 P.M. (E.D.S.T.)~ upon application of Charles i,~. 2[ing,
Sunset Shores~ East Marion, i~ew York~ for a special exception
in accordance with the Zoning Ordinance, Article ~, Section
1007~ Subsection E, for permission to replace a non-conforming
business building. Location of orooerty: north side ~ain Road
(Route 25), East ~Yarion, New York, bounded north by A. Quintana~
east by ?. Van Valkenburg, south by Main Road, and west by
A. Quintana.
It was f~u~ther ~SOLV-.~iD, that legal notice of hearing is
to be published in the official newspaper on date of May 1, 19~9.
Vote of the Board: Ayes:- ~. Gillispie, i~. Bergen~
I~. Rosenberg, and ~.M. Gregonis.
The next meeting of the Southo!d To~.m Board of Appeals
will be held on Thursday, April 30, 1959~ 7:30 P.M.~ at the
Town Clerk's Office, Main hoad~ Southold~ New fork.
A letter dated april 20~ 1959 was received from ~.~m. Robert
Waddington, Fishers Island, New York, requesting that he be
advised what Zoning regulations to comply wi~h relative to
lobstering off his property. Secretary was dictated a letter
in reply to ~. Waddington advising that his operation is
incidentia! to that particular locality as defined under
Article iii, Section 300, Subsection o of the Building Zone
Ordinance, and therefore no permission is required so far as
the Building Zone Ordinance of the Tot,~ of Southold is con-
cerned, as amended.
Members of the Board of Appeals visited severa21 local
nurseries on April 21~ 19~9 and learned that there is suitable
shrubbery available for the purpose of screening of junk yards.
The Board also reached the conclusion that the required screen-
ing must consist of hedge or evergreen trees to a height sufficient
t~ zcreen the contents of the property.
Southold to~,~_ Board of Appeals -9- April 23~ !9~9
The next meeting_of the ~Zouthold To~a~ Board of :~ ?eais
will be he!d~ Thursday~ April 30~ 1)~9~ 7:30 ?.~.~ at the
Town Clerk's Officer i~ain ~oad~ Southo!d~ ~ew York.
i~eeting adjourne2 at 11:25
f{espectfu!iy submitted~
Judith T. Boken
Secretary