Loading...
HomeMy WebLinkAboutZBA-01/22/1959Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert ~J. Gillispie, Jr., Chairman Robert Bergen Herbert Roscnbcr9 Charles Gr¢9onis, Jr. Serge Doyen, .Jr. MINUTES $outhold Town Board of Appeals January 22~ 19~9 A regular meeting of the Southold Town Board of Appeals was held at the Town Clerk's Office, Southold~ New York, on Thursday~ January 22, 19~9, at 7:30 P.M. There were present: Messrs. Robert W. Gillispie~ Jr.~ Chairman~ Robert Bergen~ Herbert Rosenberg~ and Charles Gregonis, Jr. Absent: Mr. Serge Doyen~ Jr. Also present: Mr. Howard M. Terry~ Building Inspector PUBLIC P~ARING: Appeal No. 133~ upon application of George H. Tyrrell, Marratooka Park~ Mattituck, New York for variance in accordance with the Zoning Ordinance, Article X, Section iOOOA for permit to subdivide property located at Marratooka Park and bounded on the north by private road, east by other lands of the applicant~ south by Peconic Bay, and west by Marratooka Club prop- erty, Mattituck~ New York. Fee paid $15.00. Chairman opened the hearing by reaSing application for the variance, notice of disapproval issued to applicant by the Building Inspector, and legal notice of hearing with affidavit attesting to its publication in the official newspaper. CHAIRMAN: Is there anyone here who wishes to speak for this appeal? Southold Town Board of Appeals -2- January 22, 19~9 Mr. William Wickham a~peared for the applicant and stated that the property had been in the Furman family for many years prior to its purchase by George Tyrrell. There had been no recent construction and the existing buildings had been there for over ten years. He added that there would be a right-of-way and also a right-of-way to the beach. There was no one present who wished to speak against the appeal. On motion of i~. Rosenberg~ seconded by bM. Bergen it was unanimously RESOLVED, that the appeal for George H. Tyrrell for variance in accordance with the Zoning Ordinance~ Article X~ Section lO00A for permit to subdivide property located at Marratooka Park~ be granted as applied for. Vote of the Board: Ayes- ~. Gillispie~ Mr. Bergen~ ~. Rosenberg~ and Mr. Gregonis. A resolution was offered by ~. Rosenberg~ seconded by Gregonis and unanimously carried Whereas at a Public Hearing on January 8, 1999 on Appeal No. 121 upon application of Arnold Sacks for removal of Notice of Violation issued by Building Inspector on the property located on the south side of Sound Avenue near Cox's Lane and for a variance to permit space to be rented in the building was heard. From the testimony taken at the hearing and from visits made to the premises by the members of the Board the findings are as follows: Upon the premises in question applicant has constructed a potato storage building consisting of eight bins of which two are utilized by applicant. The remaining six bins being rented to others for storage. It is therefore apparent that the building was constructed primarily for the leasing of storage space and incidentally as storage space for agricultural products grov~ on applicants farm. Applicant has entered into agreements with other farmers in the area for the leasing of bins in the building on an 11 month basis for ~1~000.00 per bin. At the hearing the Building Inspector indicated that he advised applicant that he would be permitted to occupy the building for the storage of his own potatoes but if he stored potatoes for rental it would be commercial business and would require a change of zone. Southold Town Board of Appeals -3- January 22~ 19~9 We are thus faced with the situation in which the applicant knowing that he could not use the storage space for products of others proceeding with the construction of the building and entering into agreements with others for the leasing of 7~ of the building. In such a situation it appears to this Board that the hardship is self-created. Applicant has urged that the premises cannot be used for any other purpose. The Board does not agree with this conclusion. The prmperty upon which the building is erected as well as a great portion of the surrounding area has been for many years and is now being utilized for farm purposes. The Board is of the opinion that the use is not a use customarily incidential to permitted uses in an "A" District but is the conduct of a separate business not permitted in the district in which the property is located. Further the Board is of the opinion that to grant the variance requested would in effect be granting a change of zone which is beyond the authority of this Board. And furthermore the Board finds that the public convenience and welfare and justice will not be substantially served and the legally established or permitted use of the neighborhood property and adjacent use district will be substantially or permanently injured and the spirit of the Ordinance will not be observed. Therefore be it RESOLVED that the application of Arnold Sacks be denied. ~rs. Della Chew appeared for an informal discussion with the Board. There was considerable discussion On ~s. Chew,s questions relative to the zoning of her property, and the erection of signs for other parties on her property, located on both sides of the Main Road~ Mattituck~ New York. Upon >~s. Chew's request she was furnished the necessary forms for making application to the Town Board for a change of zone. Minutes of the January 8th meeting were read. On motion of ~r. Gregonis~ seconded by ~. Bergen~ and carried~ Minutes were approved as submitted. Minutes of the January l~th meeting were then read. On motion made by Mr. Rosenberg~ seconded by Mr. Gregonis~ and carried~ Minutes were approved as submitted. On motion of Mr. Gregonis, seconded by ~. Bergen and unanimously carried~ Be it RESOLVED~ that A?peal No. 130~ application of Ruth Grathwohl~ Main Road~ Cutchogue~ N.Y. for a variance~ be corrected Southold Town Board of Appeals -4- January 22, 19~9 because in stating action of the Board Secretary inadvertently stated lots to be divided as 40, ~l, ard part of 39, and 42~ it should have been lots 41, ~ *~ and part of ~O. Secretary was instructed to correct actions and so notify Ruth Grathwohl. This action is taken in order that the correct boundaries of the property of Ruth Grathwohl be established for the purposes of this variance. The appeal of Eva M. Main was received. The application, map and attached papers were studied. Board then fixed time and place of public hearing to be held at the Town Clerk's Office, $outhold, New York on February ~, 19~9. 7:30 P.M. (E.S.T.) upon application of Eva M. ~.~in~ 100 Circle Drive, Plandome Manor, Long Island, New York, for a variance in accordance with the Zoning Ordinance Article IV, Section 400, Subsection l, for permit to construct duplex dwelling on Lots lO, ll, and 12 located at east side Goldin Lane, Southold, New York. The next meeting of theBoard of Appeals is scheduled for Thursday, January 29, 19~9 at 7:30 P.M. in the Town Clerk's Office, $outhold, New York. Meeting adjourned at 8:~ P.M. Respectfully submitted, Judith T. Boken Secretary