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HomeMy WebLinkAboutZBA-04/02/1959 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Ch~;rm~n Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. Southoid Town Board of Appeals SnUTHOLO, L. I., N. Y. ~elephone SO 5-~6~0 Southold To~m Board of Appeals April 2, 1959 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. at the Town Clerk's Office~ Main Road, Southold, New York on Thursday~ April 2: 1959. There were present: Messrs. Robert W. Gillispie~ Jr.~ Chairman~ Robert Bergen~ Herbert Rosenberg, and Charles Gregonis~ Jr. Absent: }5. Serge Doyen~ Jr. Also present: ~. Howard M, Terry, Building Inspector. PUBLIC HEARING: 7:30 P.M.~ Appeal No. 144 - Applica- tion of John Drossos, for a variance in accordance with the Zoning Ordinance~ Article III, Section 300, Subsection 1 through 8~ inclusive~ and Article X~ Section 1007, for permission to expand a non-conformin~ use by the addition of a drive-in refreshment stand and archery range. Location of property: West side Main Road~ Arshamomaque~ ~st Greenport~ N.~., bounded north by Rempe, east by Rempe, south by Main Road~ and west by Costos. Fee paid $15.00. Chairman opened the hearing by reading notice of hearing~ affidavit attesting to its publication in the official news- paper and application. Southold Town Board of Appeals -2- April 2, 19~9 C~QIRM~: Before we begin, ~. Drossos~ it will be necessary for you to amend your application to include a special exception to comply with the Zoning Ordinance. Will that be agreeable to you? Mr. Drossos considered and gave his consent. The application was amended to include Article Section 1007. CHAIR~N: Is there anyone present who wishes to spe~k for this application ? -- Tell us about your plans Mr. Drossos. MR. JOHN DROS$OS~ Main Road~ Route 2~ Greenport~ New York: Everything is on the plan there that I am going to do. I explained it to ~. Terry. CHAIR~.~N: You have a motel now~ is that correct? ~,~. DROSSOS: Yes. CHAIRMAN: Your motel consists of what, four units? ~. DROSSOS: Ten units. CHAIRMa%N: They are located behind your house? ~. DROSSOS: 'Yes. CHAIRS%N: About 100 feet back? ~. DROSSOS: No, 3~ to 40 feet back of the house. CHAIR~N: You propose to put up a refreshment stand~ a drive-in refreshment stand~ I see by the map here. -- How much room is there between the proposed stand and the highway line, what is the distance? ~. DRO£SOS: 4~ to ~0 feet back. CHAI~.iAN: Would you pave that, or put gravel in there~ or what sort of arrangement would you make for a driveway? },~. DR0£~0S: Black-top. CHAIRP~N: Mr. Drossos, are you familiar with the State Highway Department requirements for ingress and egress~ going in and out of the property? ~. DROSSOS: No. CHALRP~N: As I understand~ you have to get permission from the State Highway Department. (The Chairman quoted a ]~tter from the ~tate Highway Department relative to this matter.) Southold To~n Board of Appeals -3- April 2, 19~9 Chairman continued: How big is the proposed stand going to be? Mi~. DROSFOS: ~6 wide by 4~ feet· C~.~I~IAN: Is it to be open on three sides? i~fi~. DR0~0?: On one side. CHAI~,.AN: How much space is allocated for the archery range? ~.~. DR0S~OS: ~6 x ~. CHAI~J~IN: No, the size of the stand. · DR0~O~. 20 feet by ~ feet CHAIP~iAN: The archery range is ~0 by ~? ~,~. DI~0SSOS: ~6 wide by ~ deep. CHAIfd~fi~N: What provision is made in your proposal to fence in this archery range and protect the people who might be walking around outside of it? !~. DROSSOS: It is going to be fenced on the side. CHAIR~N: How high would the fence be? MR. DROS50S: Four feet. CHAIR?L~N: Four foot fence. Did you ever shoot a bow and arrow? ~i. DROSSOS: No. CHAI~,!AN: How far would you say this bow and arrow could shoot? i.~. DROS~0S: 2~ to 30 yards· I ~n going to have a back- stop. CHAIi~,iAN: I have seen them go 200 yards. It is quite a hazard. MR. DROSSOS: That is according to the bow and arrow. CHLIPd~i~N: The type you are going to get into will shoot an arrow at least 200 yards. Up state they shoot deer with them. How far from the proposed refres,hment stand will the fence be? Southold Town Board of Appeals -~- April 2, 1959 ~R. DROS20S: Next to the stand. CHAIRMAN: How close? ~%. DROSSOS: Right next to it. (Discussion was held relative to ~.M. Drossos' plans.) CHAIRMAN: Is there anyone else who wishes to ask questions? MR. ROSEI~BF~RG: How long has it been since you have served food in the main house, i,4r. Drossos? Yhen did you stop serving food in the house? ,MR. DROSSOS: Five years. CHAIPd¢~N: ~nat is directly across the street from you? I,LR. DROSSOS: Ciacia, no, Ryan. CHAIRMAN: They are residences. How many houses are there? One opposite your pro!)erty~ correct? MR. DROSSOS: Yes. CHAIRI~iAN: How far to the east is the next house? M2{. DROS$OS: The drive-in theatre. CHAIRR~AN~ To the east of the Ryan house~ across the street, is that the golf driving range? ~. DROSSOS: Yes. CHAIRMAN: Going the other way west --- MR. DROSSOS: West is myself. CHAI~iAN: Next is your house? MR. DROSSOS: After the lYO feet is my house. CHAIRMAN: What is to the west of your house? MR. DROSSOS: Mrs, Costos. CHAIPd~N: How far west? ~R. DROSSOS: Fromny property? -- Costos. CHAIP~L~N: What is across the street west of the Rempe house? M~. DROSS0$: Ciacia on the corner. Southold Town Board of Appeals -~- April 2, 19~9 CH~I~E,~N: Ciacia~ what is that? ~. DROSSOS: A house. CH2IRi~iN.~. West of that? ~. DROSSOS: Road. C~I~.~N: Is there anyone else present who wishes to speak for this application? (No one wished to speak.) CHAIRi~N: Are there any other questions that should be asked of ~. Drossos. (No one spoke.) CHAIi~.~N: Is there anyone else present who wishes to speak against this application? 2TAELEY CORWIN, ESQ., Greenport, N.Y.: I see no reason to tell you that the application has no serious adverse effect on the economy of the To~, but I do object to the application on the ground that I do not believe you have any jurisdiction to extend a non-conforming use of this type. ~. Corwin went on to quote several sections of the New York State Laws and results of several cases with reference to non- conforming uses. He described the area surrounding ~. Drossos' property as follows: "From Chapel Lane to Albertson Lane, or Cassidys Lane, is an "A" district. From the east side of Chapel Lane to ~res Lane, which is largely woods, and for some reason or other that was zoned "B". Across the street from Mr. Drossos and to the west ~here there are several residences it was zoned "B". I agree that those residences have business ventures attached to them such as Joe Man and Ciacia. Along the north side of the road there is nothing until you reach La Colla's and that is an "A" residential. You then have the Tavern and Mill Creek and that is an entirely different zone. I think the remedy that is needed would be to zone the property in question and much of the surround- ing property business. CHAIRi~L~N: ~o do you represent, [~. Corwin? STA!,.rLEY COPJ'fIN: Myself, Stanley ~orwin. CHAIn.lAN: Is there ayone else present who wishes to spe~ against this application? PAUL ECKHARDT$ Pipes Neck Road, Greenport~ New fork: -- Mr. Eckhardt indicated that he felt the solution to this situation would be for Mm. Drossos to apply to the To~ Board for a change of zone to include all of the area in a "B" district. ~. Eckhardt Southold Town Board of Appeals -6- April 2, 19~9 described the property in question with relation to his property which is located almost at the end of Pipes Neck Road, "there being the Ciacia house on the corner, the Mount house on the west side of the road~ the house of Fred Rempe on the east side of Pipes Neck Road~ next is ~. and M~s. ~ichael Pekunka, Sr., and ~. and ~s. Michael Pekuraka, Jr.~ immediately to the south of that is the home of ~. and M~s. Reiter, Jr., and then ~. and ~s. Reiter, Sr.~ and further down is my home and the homes ef other people. -- I feel that at this time an exception of a variance would amo~mt to a rezoning. I do not think lb. Drossos has shown a hardship." t~. Eckhardt stated that he feels there are sufficient recreational facilities in the area, including Cals ~tand, the drive-in theatre~ the ~riving range, and the villages of Greenport and ~outho!d. He. also thinks that'~his archery range would create a hazard. Many people are caoable of shooting an arrow a greater distance than is realized, l~hen it gets into the hands of an amateur an arro~ of this type and size might be deflected to ~here boys romp in the woods, and else~here~ thereby causing a potential danger. CHAIRi,~N: Is there anyone else present who wishes to speak against the application of Mr. I thi~ the Board can come to a decision right away. Basically granting this ap?lication is somethinE that ~e have nG authority to do. For this Board to grant this application would be to create a power that we do not have. Yot~m property is in an "A" district and it is forbidden to erect and maintain a restaurant therein and the archery range comes under the same classification. Both of those projects are ?i-ermitted~ under certain conditions, in a "B" district for example. In general we cannot grant a variance unless these conditions are met. There must be a distinct hardship, there must be either undue or un- necessary hardship, the situation must be unique, and the project must not adversely affect the area. Hardship co,anon to all can not be considered an undue or unnecessary hardship an~ if it is common to all surely it is not unique~ and it is mM opinion we have no legal right to allow a dining facility to be erected and maintained in an "A" district. ~fe are administrative and not legislative, we cannot rezone a ~strict. That is a matter for the Town Board. This hearing was conducted in order that Mr. Drossos might exhaust all the remedies that are available to him before he approaches the Town Board, if he does, for an application for a change of zone. It is my suggestion that the remedy in this situation is for you, M~. Drossos, to get your neighbors with you and apply to the Town Board for a change of zone to business in that area. That sums up what I have to say. We are now ready to take a vote of the Board. Southold Town Board 'of Appeals -7- April 2, 19~9 Resolution offered by i-~. Rosenberg~ seconded bM ~'~. Gregonis and carried, '~ereas the application of John Drossos, having been considered at Public Hearing No. 144, on April 2~ 19~9~ and the Board finds that strict application of the 0rdin- ance would not produce undue hardship~ the situation is not unique and the public convenience and welfare and justice will not be served a~d the legally established or permitted use of neighborhood property and adjacent use district will be sub- stantially or permanently injured and the spirit of the Ordin- ance will not be served. Be it RESOLVED~ that the application be denied. Vote of the Board: Ayes:- Y~. Gillispie, Mr. Bergen, Mr. Rosenberg, and l,~. Gregonis. PUBLIC P~EARING: 8:00 P.id.~ Appeal No. 1~ - Application of Thomas Jurzenia, Silvermere Road~ West Greenport, L.I.~ New York~ for a specisl exception in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection ll~ for per- mission to erect and maintain a directional ~ gn on the south sid~ North Road, east of Albertson Lane~ on property of M~s. F. Stepnowski, Greenport, L.I.~ l{ew York, Fee paid $15.00. Chairman opened the hearing by reading application for special exception, letter granting permission for the location of the sign, notice of hearing~ and affidavit attesting to its publication in the official newspaper. CHAI~AN: Is there anyone present who wishes to speak for this application? TH0~S JURZS~IA: Siivermere Road, Greenport, New Ygrk: The sign is necessary to mark a direction to propagate the present business I have. The sign explains itself. There is no directional on the North Road to indicate the establishment of our motel any where else to be had. The people using the North Road do not know I am here. The sign would be a credit to the area and is quite essential. ~R. ROSENBERG: How far from the Sound Shore Motel will the sign be? MZt. JUP~ZENIA: East of the motel. MR. R08Ei'~BERG: Almost upto Chapel Lane? ~. JURZENIA: To the furthest easterly point of Mrs. Stepnowski's property. I could put it as far east of the motel, or as far west of the motel as possible, I intend to put it east of the motel. Southold Town Board of Appeals -$- April 2~ 19~9 ~. ROSE>$ERG: We would not like to see a sign in front of the motel. We just want to know where it is going to be. i{q. J~L~gENIA: Jack Levin is fully aware of theproposed sign. I have to have a directional there to let the people know that there is another motel available on the Bay. C~IR~f: Before we can reach a decision it will be necessary for the Board to have an approximate location within a few feet. We will withhold decision until the next meeting, Thursday, April 9~ 19~9~ pending further information from you giving a fairly approximately location of the proposed sign. ~R. JUREENIA: I will have it staked and let ~. Terry know. CHAIRM~N: You may supply a location to ~. Terry and we will reach a decision at the next meeting. Pt~LIC }~%ING: 8:10 P.M.~ Appeal No. 146 - Application of Thomas Jurzenia, Silvermere Road~ West Greenport, L.I.~ New fork~ for a special exception in accordance with the Zoning Ordinance, Article IV, Section 40o, for permission to erect and maintain a directional sign on the north side cf ~oute 2~, approx. 300 yds. west of Silvermere Road, ~-~est Greenport, L.~.~ New Zork, on property of Josephine Rutkowski. Fee paid ~l~.O0. Chairman opened the hearing by reading application for special exception, letter granting permission for the location of the sign, notice of hearing, and affidavit attesting to its publication in the official newspaper. CHA~QMAN: Is there anyone present who wishes to speak for this application? THOi~S JURZENIA~ Silvermere Road, Greenport~ New ~ork: It is necessary to have a sign on the o~her side of the road as we are off the road. I have made a clearance in the woods so that the people can see the Bay. ~. ROSE~ERG: How far from the other sign you have will it be? i~. JURZENIA: 300 feet west of that sign on the north side of the road. CHA~,~i[: This sign is well within the area required and the Board thinks this type of sign is necessary. Is there anyone present who wishes to speak against this application? (No one wished to speak.) Southold Town Board of Appeals -9- April 2, 19~9 Resolution offered by ~. Bergen~ seconded by Rosenberg and carried~ ~nereas application of Thomas Jurzenia~ having been considered at Public Hearing No. 1~6~ on April 2~ 1959~ and the Board finds that strict a~plication of the Ordin- ance would produce undue hardship~ the public convenience ar~ welfare and justice will be served and the legally established or permltted use of neighborhood property and adjacent use district would not be substantially or permanently injured and the spirit of the Ordinance will be served. Be it RESOL~D~ that the application for a special exception be granted for the erection of a 6 x 10 directional sign adver- tising the Silver Sands ~tel~ to be erected on the property of i~s. Josephine Rutkowski~ 300 yards west of the Silvermere Road~ West Greenport~ N.Y. Vote of the Board: Ayes:- Mr. Giltispie, Mr. Bergen~ Mr. Rosenberg, and M~. Gregonis. Pb~LIC ~ARING: 8:1~ P.M., Appeal No. 147 - Application of 01in Glover~ ?equash Avenue~ Cutchogue, New York~ for a variance in accorSance with the Zoning 0rdinance~ Article X, Section IO00A~ for permission to divide into two single lots property located on Pequash Avenue~ Cutchogue~ L.I.~ New York~ bounded north by Glover~ east by Fleet~ south by Kane~ and west by Pequash Avenue. Fee paid ~]1~.00. Chairman opened the hearing by reading application, notice of hearing, and affidavit attesting to its publication in the official newspaper. CHAIPd~AN: Is there anyone present who wishes to speak f~ this application? Mr. Lefferts ?. Edson stated he would like to speak for the application. ~q. ROSE~BERG: ~y do you feel this situation is unique~ because it is the only property with two houses? MR. EDSON: Originally the neighborhood was built on 7g ft. lots and Mr. Glover bought two lots and built {wo houses. With the coming of the Zoning Ordinance he was left with property in excess of the minim~n requirements of the Ordinance. CHAIR~,~N: Before we go any further~ we find it will be necessary for you to amend this application to indicate Article X in lieu of ~ and complete the section which gives reason for the unique hardship. Y~. Edson agreed to this amendment. Southold To~.~ Board of Appeals -10- April 2, 1959 ~. EDSON: As the application states it is necessary for us to obtain the variance in order to be able to sell the other house. I represent the purchaser and the bank, ~. Wickham represents the seller. If Mr. Glover sold without first obtaining this variance it would leave him with his own res- idence subject to a violation, and the second house on the lot would also be subject to a violation. I ask that this variance be granted in order that we may divide this property. At this point the hearing was recessed to April 9, 19~9 at the request of the applicant to enable ~hem to present additional information. The minutes of the meeting of March 26, 19~9, on motion of ~'~. Rosenberg~ seconded by Mr. Oregonis, and carried~ were approved as corrected. Vote of the Board: Ayes:- ~. Gillispie, ~. Bergen~ ~. Rosenberg~ and Mr. Gregonis. ~.M. Roger Williams, son of 1.~s. Nella Williams, appeared before the Board of Appeals for an informal discussion with reference to an application he is making for his mother which is to come before the Board to schedule a hearing. The appli- cation is for permit ti use as single building lot property marked "A" on Map of land surveyed for Roger Williams at East Marion dated August 2~ 19~ by Otto W. Van Tuyl and Son. Williams stated that his mother is 7~ years of age and resides at Bayside and wishes to dispose of her property at Bay Lake Park, East Marion. After considerable discussion and review of the minutes of September 11, 1958, when application was made on other lots of ~s. Williams', it was determined that another application should be made on lot marked "B" on the afore- mentioned map. Both applications should include Article X, Section IO00A, and a clear description of the pro~.erty should appear somewhere on the application. Mm. Williwaws made the additional applications and additions. On motion of Mr.Rosenberg, seconded by ~. Bergen, and carried it was P~SOLVED, that time and place be fixed for the following public hearings to be held by the Board of Appeals of the Town of Southold at the To%m Clerk's Office~ Main Road, Southold, New York, on April 16~ 19~9: 7:30 P.M. (E.S.T.)~ upon application of Roger Williams for Nella Williams, 3602 212th Street~ Bayside, N.Z.~ for a variance in accordance with the Zoning 0rdinance~ ~ticle III, Section 303, and Article X~ Section 1000A, for permission to reduce frontage and use as a single lot, property described as follows: Beginning at private road kno~m as Trojan's Path, Map Southold Totem Board of Appeals -11- April 2, 19~9 of land surveyed for ~oger Williams at East Marion dated August 2~, 19~8 by Otto W. Van Tuyl and gon~ bounded on north by land of Williams~ running 117.80 feet westerly~ thence 37 feet southerly bounded by land of A. t~eib~ thence ~+.77 feet southeasterly bounded by riEht-of-way~ thence 96.13 feet easterly bounded by right-of-way~ thence 49 feet northerly fronting on private road known as Tr~r~an's Path, to point or place of beginning. 7:40 P.M. (E.~.T.)~ upon application of Roger Williams for Nella Williams~ 3602 212th Street~ Bayside~ N.Y., for a variance in accordance with the Zoning 0rdinance~ Article III, Section 303~ and Article X~ Section iO00A~ for permission to reduce frontage and use as a single lot~ property described as follows: Beginning at private road known as Truman's Path~ southeasterly corner of lot 16~ Map of land surveyed for Roger Williams at East Marion dated August 2~ 19~8 by Otto W. Van Tuyl and Son, 10~ feet west~ thence 42 feet southwesterly bounded by land of Milligan, thence 20 feet southerly bounded by land of A. Kreib, thence 117.80 feet fronting on private road known as Truman's Path~ to point or place of beginning. 7:~0 P.M. (E.S.T.), upon application of Arthur Schwarz, Vanston and Hay Water Road, Cutchogue~ N.~., for a variance in accordance with the Zoning Ordinance, Article IZI~ Section 303~ and Article X, Section iO00A~ for permission to reduce frontage and divide into two single lots, property located on the west side of Fleets Neck Road, (Pequash Avenue), Cutchogue~ New York, bounded north by W. Titus~ ~ast by Fleets Neck Road, south by Kennedy~ and west by G. H. ~leet Estate. 8:00 P.M. (E.S.T.)~ upon application of George and Lillian Braun, Cutchogue, New York, for a special exception in accordance with the Zoning 0rdinance~ Article IVy Section 400, Subsection 9~ for permission to construct and maintain a gasoline service sta- tion at intersection of Middle Road and Zoungs Avenue, Southold, New York, bounded horth by Middle Road, east by Youngs Avenue~ south by E. Grattan and Charnews, and west by J. Charnews. 9:00 P.M. (E.S.T.)~ upon application of John Haley~ for North Fork Housing Guild, Inc.~ ~ttituck, New York, for a special exception in accordance with the Zoning 0rdinance~ Article III~ Section 300, Subsection 11~ for permission to locate more than c~e real estate sales sign on property of George L. Penny, north side M~n Road~ Mattituck, New York~ bounded north by railroad~ east by J. Wilson~ south by Main Road~ and west by J. F. Young Estate. It was further RESOLVED~ that legal notice is to be publish- ed in the official newspaper on date of April 10, 19~9. Vote of the Board: Ayes: ~r. Gillispie~ Mr. Bergen, Mr~osenberg , and Mr. Gregonis. ~~~~~djourned at 11:3~ P.~ M.~ - __ ~ ~ Re~c~tfully submitted, . Judith T. Boken, Secretary