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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