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HomeMy WebLinkAboutZBA-03/13/1959Southold Town Board of Appeals SOLITHOLD, L. I., N. Y. Telephone SO 5-26(~0 APPEAL BOARD MEMBERS Robert ~(/. Gillispie, Jr., Chairman Robert Berg¢~ Herbert Rosenbers Charles Gregonis, Jr. Serge Doyen, Jr. MINUTES gouthold Town Board of Appeals March 13, 19%9 A regular meeting of the Southold Town Board of Appeals, previously scheduled for Thursday, March 12, 1959, but held over because of weather conditions, was held at the Town Clerk,s Office, Main Road, Southold, New York, on Friday, March 13, 19%9 at 7:30 P.M. There were present: Messrs. Robert Bergen, Vice- Chairman, Charles Gregonis, Jr., and Serge Doyen, Jr. Absent: Messrs. Robert W. Gillispie, Jr., and Herbert Rosenberg. Also present: Mr. H. M. Terry, building Inspector. PUBLIC HEARING: 7:30 P.M.~ Appeal No. 139 - Appli- cation of N~rio Zanghetti, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 30~ for permit to use lot located off Oriental Avenue, Fishers Island, New York. Fee paid $15.00. Vice-Chairman opened the hearing by reading application, notice of disapproval issued by the building inspector, and legal notice of hearing with affidavit attesting to its publication in the official newspaper. There was no one present who wished to speak for or against the application. 8outhold Town Board of Appeals -2- March 13, 1959 Resolution offered by Mr. Gregonis, and seconded by Mr. Doyen, Whereas the application of Mario Zanghetti, having been considered at Public Hearing No. 139, on March l~, 19~9, and the Board finding that strict application of the Ordinance would ~-oduce undue hardship because of the undesirable topog- raphy of the plot. The Situation is unique also because of the contour of this particular plot. The public convenience and welfare ~d justice will be substantially served, and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured, and the spirit of the Ordinance would be served. Be it RESOLVED that the application be granted as applied for, including the 1% ft. front yard set-back. Vote of the Board: Ayes:- Mr. Bergen, Mr. Gregonis, and Mr. Doyen. By resolution offered by Mr. Gregonis and seconded by Mr. Doyen, the minutes of the meeting of February 26, 19%9 were approved as submitted. Vote of the Board: Ayes:- Mr. Bergen, Mr. Gregonis, and Mr. Doyen. By resolutioh offered by Ym. Doyen and seconded by Mr. Gregonis, the minutes of the meeting (called to order, but held over to March 13) of March 12, 1959 were approved. Vote of the Board: Ayes:- Mr. Bergen, Mr. Gregonis, and Mr. Doyen. PUBLIC HEARING: 7:$% P.M., Appeal No. 138 - Appli- cation of Robert Waddington, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 30~, for permit to use lot located off Oriental Avenue, Fishers Island, New York. Fee pa~d$15.00. Vice-Ch~irman opened the hearing by reading application, notice of disapproval issued by the building inspector, and legal notice of hearing with affidavit attesting to its publi- cation in the official newspaper. There was no one present who wished to speak for or against the application. Southold Town Board of Appeals -3- March 13, 19%9 Resolution offered by Mr. Doyen, and seconded by Mr. Gregonis, Whereas the application of Robert Waddington, having been considered at Public Hearing No. 138, on March 13, 1959~ and the Board finding that strict application of the Ordinance would ~roduce undue hardship because of the undesirable topography of the plot. The situation is unique also because of the contour of this particular plot. 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 would not be sub- stnantially or permanently injured, and the spirit of the Ordinance would be served. Be it RESOLVED that the application be granted as applied for, including the 27 ft. front yard set-back. Vote of the Board: Ayes:- Mr. Bergen~ Mr. Gregonis, and Mr. Doyen. PUBLIC HEARING: 8:00 P.M., Appeal No. 1~0 - Appli- cation of Blanche L. H. Weese, Lupton Point, Mattituck~ New York~ for a variance in accordance with the Zoning Ordinance Article III~ Section 30~, Article X, Section lO00A and Section 280A, for permit to divide into two single lots and recognition of access to property located on the north side Lupton Point Road, Lupton Point, Mattituck, New York. Fee paid $1%.00. Vice-Chairman opened the hearing by reading application, notice of disapproval issued by the building inspector, and legal notice of hearing with affidavit attesting to its publi- cation in the official newspaper. Mr. Terry explained the map to the Board. ~MAN! Is there anyone present who wishes to speak for this application? Mrs. Blanche L. H. Weese made herself known to the Board, and stated she wished to speak for the application. MR. TERRY: Mrs. Weese, could you please tell the Board about how many year-round residences there are in the vicinity of your residence? MRS. WEESE: Just three year-round. MR. D0~EN: What are the sizes of the lots in general? MR. TERRY: Most of them are not as large as this one. They are about 7~ or 80 feet on the road. These lots when divided will average about ll,000 sq. ft. each. $outhold Town Board of Appeals March 13, 1959 VICE-CP~AIRMAN: Is there anyone present who wishes to speak against this application? There was no one present who wished to speak. Resolution offered by Mr. Gregonis, and seconded by Mr. Doyen, Whereas the application of Blanche L. H. Weese, having been considered at Public Hearing No. 150, on March 13, 1959, and the Board finding that strict application of the Ordinance would produce undue hardship because the lot is larger than needed for one residence and just undersize in area to make two lots. The situation ~ unique because of the shape and contour of the lot. The public convenience and welfare and justice will be substantially served, and the legally estab- lished 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. Members of the Board have visited the site and find the proposed layout satisfactory. There will be a lg ft. right- of-way on the east property line for access to the rear lot. Be it RESOLVED that the application be granted as applied for. Vote of the Board: Ayes:- Mr. Bergen, Mr. Gregonis, and Mr. Doyen. PUBLIC HEARING: 8:15 P.M.~ Appeal No. 137 - Appli- cation of Woodhollow Properties, Inc., Jericho Turnpike, Jericho, New York~ for a variance in accordance with the Zoning Ordinance Article Ill, Section 300, Subsection lO for permit to locate subdivision sign at intersection of Main Road and plum Island Lane on the north side of Main Road, Route 2g, Orient, New York. Fee paid $1~.00. Vice-Chairman opened the hearing by reading application, notice of disapproval issued by the building inspector, and legal notice of hearing with affidavit attesting to its publi- cation in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? JAMES A. HAWU_~ETT (Huntington~ L.I., New York): Mr. Walter Uhl, of Woodhollow Prop rties, Inc., has authorized me to appear for this application and answer any questions you gentlemen might have. (Mr. Doyen read Article III, Section 300, Subsection 10.) $outhold Town Board of Appeals March 13, 19%9 (Exhibits A-1 through A-S, supplied by the Board of Appeals, were produced. These exhibits were photographs of the sign in question.) The Board studied Exhibits A-1 through A-g. MR. TERRY: At the time the application was made I discusse~ it with Mr. Rosenberg and we decided if the sign is located on the island than they would meet the 3% ft. set- back requirement from the public street and there would be more than l0 ft. side lines and more than %00 ft. on the island. But they set the sign out in the highway rather than on the island. VICE-CHAIRMAN: Mr. Hewlett, by having the two signs it~eems confusing to the motorist. They would be unable to read them both at the same time. It is also in the way of vision when entering the highway from Pl~m Island Lane. It creates a hazard whether coming or going. MR. HE~LETT: I agree with you. I had not thought of it shielding the approach from the highway. Mr. Terry read Article X, Section 1006 of the Zoning Ordinance, which is as follows: "~~O~an-d n~°h~ fence,tree, shrub°r otheror other growth shall be erected, altered or maintained on any corner lot at any point within twenty (20) feet from the intersection of the street lines, which may cause danger to traffic on a street by obscuring the view.', MR. HEW~TT: By pushing the sign back on the island it doesn't seem to have the prominence it should~ although I had not thought of it blocking the highway traffic, that is some- thing again, I believe, from the hazard standpoint. MR. TERRY: I talked with Mr. Dean and he measured the width of the highway and that is the highway line. VICE-CHAIRMAN: We cannot give you permission to leave the sign where it is on the road, but can give you permission as long as you place it back on the island where the original permit was given for. MR. HEWLETT: What about a "V" type sign? permissible? Would it be MR. TERRY: As long as the "V" is not too large. Southold Town Board of Appeals -6- March 13, 19~9 Has Woodhollow ever gotten permission from the State to make connection with the State highway? MR. HAW~ETT: I have never heard it brought up. VICE-CHAIRMAN: It is the opinion of the Board that the permit for the sign will be denied. If you wish to make it a "V" type sign, providing the back-end of the "V" isn't any wider than the present sign~ it will be satisfactory. It is al~o the decision of the Board that the sign should be moved before the 1st of April. Is there anyone else present who wishes to speak for this application? (No one wished to speak.) VICE-CiiAIRMAN: Is there anyone present who wishes to speak against this a~plication? one wished to speak.) Zesolution offered by Mr. Doyen, and seconded by Mr. Gregonis, Whereas the application of Woodhollow Properties, Inc., having been considered at Public Hearing 137, on March 13~ 1999, and the Board finding that strict application of the Ordinance would not produce undue hardship; the situation would not be unique~ and the public convenience and welfare and justice would not be substantially served, and the legally established or permitted use of neighborhood property and adjacent use districts would be substantially or permanently injured, and the spirit of the Ordinance would not be served. Be it RESOLVED, that permission is denied for subdivision sign at intersection of Main Road and Plum Island Lane on the north side of Main Road, Route 2~, Orient, New York. However~ permission is granted for location of the sign on island as the original permit was granted. Permission ~ also granted for the erection of a "V" type sign in conformance with the original requested sign if it is so desired. Vote of the Board: Ayes:- Mr. Bergen, Mr. Gregonis, and Mr. Doyen. PUBLIC HEARING: 8:30 P.M.~ Appeal No. l$1 - Appli- cation of Walter $. Sage, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section ~08, Subsection A, for permit to locate sign on the south side of Route 2g at Arshamomaque near railroad overpass, Greenport~ New York. Fee paid $1g.00. Southold Town Board of Appeals -7- March 13, 19~9 Vice-Chairman opened the hearing by reading application, and legal notice of hearing with affidavit attesting to its publication in the official newspaper. VICE-CHAIRMAN: Is there anyone present who wishes to speak for this application? Mr. Terry stated that in checking with Mr. Dean he found that they plan to continue the guard rail past the front of Mr. Sage's property right up to the intersection of Kerwin Boulevard. Mr. Sage stated that his property is practically useless since the elevation of the bridge has been raised considerably. Under the present height and size limitations of the Ordinance the sign he proposes to erect will be ineffectual due to the increased elevation of the bridge. VICE-CHAIRMAN: Is there anyone present who is opposed to this application? (No one wished to speak.) Resolution offered by Mr. Gregonis, and seconded by Mr. Doyen, Whereas the application of W~ter S. Sage, having been considered at Public Hearing No. l$1, on March 13, 19~9, and the Board finding that strict application of the Ordinance would produce undue hardship because of the recent elevation of existing eastern approach to the r~ lroad bridge, rendering this property unusable for business purposes, it being bounded on t he west by the railroad and on the east by storage yard. The legally established or permitted use of neighborhood prop- erty and adjacent use districts would not be substantially or permanently injured, and the spirit of the Ordinance would be served. Be it RESOLVED, that application for a special exception be granted for permit to locate sign with no greater height than 20 ft., and overall size to be 16 ft. by 18 ft., with the condition that the proposed sign be used exclusively to advertise the business of the Sage Travel Agency in Greenport. Vote of the Board: Ayes:- Mr. Bergen, Mr. Gregonis, and Mr. Doyen. Mr. Joseph DePerty, Westhampton, L.I., New York, appeared before the Board for an informal discussion with reference to taking gravel from the Sound Beach (property of Cove Beach Estates, East Marion). ¥~. DePerty was advised that application would have to be made for a special exception under Article IV, Section $00, Subsection 17 of the Zoning Ordinance, and he was givau forms for filing. Southold Town Board of Appeals -8- March 13, 1959 PUBLIC HEARING: 8:g5 P.M., Appeal No. 152 - Appli- cation of James Mc Dermott, for a variance in accordance with the Zoning Ordinance Article III, Section 303. Location of property, Lot. No. 31, Map of George I. Tuthill Estate, west side Bray Avenue, Mattituck, New York, (Laurel District ll). Fee paid $15.00. Vice-Chairman opened the hearing by reading applicatioh, notice of disapproval issued by the building inspector, and legal notice of hearing with affidavit attesting to its publi- cation in the official newspaper. VICE-CHAIRMAN: Is there anyone present who wishes to speak either for or against this application? Mr. Terry explained layout of the property and proposed location of dwelling. There being no one else who wished to speak either for or against the application, Resolution was offered by Mr. Doyen, and seconded by Mr. Gregonis, Whereas the application of JAmes McDermott, having been considered at Public Hearing No. 152, on March 13~ 1959~ and the Board finding that strict application of the Ordinance would produce undue hardship because the surrounding lots are of 50 ft. The situation is unique because this is a 50 ft. lot in a filed subdivision, in the County Clerk's Office, but not reapproved by the Town Board. The public convenience ar~ welfare and justice will be substantially served, and the legally established or per- mitted use of neighborhood property and adjacent use districts would not be substantially or permanently injured~ and the spirit of the Ordinance would be served. Be it RESOLVED that the application be granted as applied for. Vote of the Board: Ayes:- Mr. Bergen, Mr. Gregonis, and Mr. Doyen. Mr. Joseph Ullerich, Southold, N.Y., appeared before the Board for an informal discussion relative to the property he owns on the east side of the Main Road, on Jockey Creek, Southold, New York. There was discussion relative to the possibility of Mr. Ullerich receiving a variance on several of the lots which are just undersized. The topography of the land makes it impossible for him to layout the lots in any other way. The Board advised Mr. Ullerich to file an appeal for a variance to the Zoning Ordinance. Mr. Ullerich also discussed with the Board the matter of erecting signs advertising his restaurant and fishing station. Southold Town Board of Appeals -9- March 13, 1959 Letters received from Mrs. Basil D'Emo, Park Avenue, New York City, N.Y., were read. Mrs. D,Emo posed several questions to the Board relative to selling one of her lots located at Nassau Point, and adding to that lot l0 or 15 ft. from the remaining lot, leaving a frontage of 85 or 90 ft. Secretary was dictated a letter to Mrs. D'Emo stating that from the information at hand the Board can see no valid way for granting a variance. However, if she wishes to make a formal application and submit additional information it could be considered formally at that time. The Board held a brief discussion relative to corresp- ondence received from the DeSylva Dance Studio, Hempstead, N.Y. It is expected that Mr. De Sylva will appear at the March 26th meeting of the Board of Appeals for an informal discussion. The Board then fixed time and place for a public hearing to be held on the application of Wilfred B. Ruland, Jr., Sigsbee Road, Mattituck, N.~., for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Sub- section 8, for permission to relocate handicraft business with advertising sign. By resolution offered by Mr. Gregonis, seconded by Mr. Doyen and carried, it was determined that public hearing is to be held at 8:15 P.M. on March 26, 1959 at the Town Clerk's Office, M~ n Road, Southold, New York. Notice is to be published in the March 20th issued of The Suffolk Times. Vote of the Board: Ayes:- Mr. Bergen, Mr. Gregonis, and Mr. Doyen. Secretary was asked to write Counsel Robert Tasker re- questing that he be present at 7:30 P.M. on March 26th for a discussion relative to an appeal that is scheduled for 8:15 P.M. that same date. The next meeting of the Board of Appeals is scheduled for 7:30 P.M. Thursday, March 26, 1959. Meeting adjourned at 10:05 P.M. Respectfully submitted, Judith T. Boken Secretary