HomeMy WebLinkAboutZBA-12/09/1959Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5-~660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Ch~irm~n
Rob~t Bergen
Herbert Rosenberg
Charles Gregonis, Jr.
Serge Doyen, '..Ir.
MINUTES
Southold Town Board of Appeals
December 9, 1999
A regular meeting of the Southold Town Boardof
Appeals was held 7:30 P.M.s Wednesday, December 9, 19~9,
at the Town Clerk Office, Main Road~ Southold~ New York.
There were present: Messrs. Robert W. Gillispie, Jr.,
Chairman, Robert Bergen, Herbert Rosenberg, and Charles
Grigoniss Jr.
A3.so present: Mr. Howard M. Terry, Building Inspector.
Absent: Mr. Serge Doyen, Jr.
PUBLIC H~.~RING: 7:30 P.M., Appeal No. 239 - Upon
application of Gennaro M-neri, Pike and Naple Avenue,
Mattituck, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 300, Subsection
7, for permission to locate private garage with reduced
setback. Location of property: south side Pike Street
and west side Maple Avenue, Mattituck, New York, bounded
north by Pike Street, east by Maple Avenue~ south by H. R.
Reeve, and west by E. Pike. Fee paid $15.00.
The Chairman opened the hearing by reading notice of
disapproval issued by the Building Inspectors application
Southold Town Board of Appeals -2- December 9, 19~9
for a variance, legal notice of hearing and affidavit attest-
ing to its publication in the official newspaper.
CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. GENNARO MANERI~ pike and Maple Avenue, M~ttituck,
New York: I wish to speak for myself and answer any questions.
CHAIRMAN: These pictures here are of your house and
property?
(Mr. Maneri identified the pictures appearing in the
file.)
(Mr. Howard M. Terry, Building Inspector stepped forward
and further explained the pictures and proposed location of
the garage.)
MR. MANERI: The roadway in front of my house is supposed
to be ~0 ft., but the paved part is all on one side which is
the side across the street. There is 18 ft. of undeveloped
roadway in front of my house and another 18 ft. from there to
the house itself.
CHAIR~L~N: What is the setback of other houses on the
street?
MR. TERRY: There is only one on this side of the street
at the end of the road that is further back.
CHAIRMAN: How much land is on the garage side?
MR. MANERI: The land is 22~ ft. back ~11 together.
From where I want to put the garage there will be 18 ft. on
Maple Avenue~ and that is what my house is now.
CHAIP~MAN: You say the hardship here is the cesspool
location?
MR. MANERI; Two cesspools, and the grape vi~es and the
slope of the land. The land falls off to the south. The
grape vines I have spent eight or nine years raising.
CHAIRMAN: Is there anyone else present who wishes to
speak for this application? Is there anyone present who
wishes to speak against this application? Does anyone wish
to ask Mr. i~neri any questions?
(There was no response.)
Resolution was offered by Mr. Rosenberg, seconded by
Southold Town Board of Appeals -3- December 9, 19~9
Mr. Bergen, and carried, ~ Appeal No. 239 having been
considered at Public Hearing No. 239 on December 9, 19~9 and
the Board finding that strict application of the Ordinance
would produce undue hardship because by placing the garage
back ~0 ft. it would be directly over one of the cesspools,
also the land slopes considerably to the south, making the
proposed location on the most level portion of the lot. The
situation is unique and would not be shared by all properties
alike in the immediate vicinity because this is a corner lot
which had-been built on prior to the adoption of the Zoning
Ordinance, and the location of the cesspools make it almost
impossible to comply with present ~egulations. 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 wo~ld not be
substantially or permanently injured and the spirit of the
Ordinance would be observed because the setback of this
garage would generally conform to the setback of other
structures in the neighborhood, therefore be it
RESOLVED that the application be granted as applied for
because the Board feels the hardships do exist which justify
granting this application.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen,
Mr. Rosenberg~ Mr. Grigonis.
PUBLIC HE.~RING: 7:~0 P.M.~ Appeal No. 250 - Upon
application of LeRoy Tuthill, Main Road, Mattituck, New York,
for a special exception in accordance with the Zoning Ordinance,
Article IV~ Section ~08, and Article VII, Section 703A, for
permission to erect three (3) portable ground signs on premises
of ESSO Service Station, corner of Main Road and Wickhsm Avenue,
Mattituck, New York. Fee paid $1~.00.
Mr. Robert Bergen disqualified himself from sitting on
the Board for this hearing.
The Chairman opened the hearing by reading application
for a special exception, legal notice of hearing, and affidavit
attesting to its publication in the official newspaper.
CHAIRMAN: Is there anyone present who wishes to speak
for this application?
Mr. Terry stated Article VII was stated incorrectly in
the legal notice as VIII. The Board agreed this woutld in
$outhold To~m Board of Appeals ~+- December 9, 1959
no way affect the hearing of this application.
MR. WILLIAM WICKHAM, Attorney for Mr. Tuthill, Mattituck,
New York: I do not know whether you have had any of these
before you before to have set a precedent or not. We realize
what is said and done here tonight not only is effective as to
this gas station, but any others in Southold Town. It is not
a question of location of permanent signs or location of any
buildings, it is more~ I think, a question of merchandising~
not only fromm~nth to month but from week to week and day to
day. I do not think there is any question as to how this matter
came up in this particular instance. It has been known for some
time that the gas stations in Riverhead To;eh and I guess beyond
have been cutting prices and a lot of transient trade has gone
there.
CHAIRMAN: In the s?~mmer time?
MR. WICKHAM: I know my man has mentioned it for some t~me.
I am Just bringing this' up as to how it came about. Gas station
business, I think you ~now, a very high percentage is transient.
MR. LeROY TUTHILL, MattitUck, New York, brought out the
fact if a station has ~een selling 3000 gal, a month, in the
summer time he might ~?mp lO,OOO or maybe 8000. Now with many
people working in Riverhead and Calverton when they see a price
cut they buy gas up there and therefore the local dealers suffer.
CHAIRMAN: What did you pump in July and August, if I might
ask?
MR. TUTHILL: Comparable to the figures just mentioned with-
out a sign indicating a price cut. If permitted, I will use
regular uniform signs which can be read, readable signs.
~R. WICKHAM: Mr. Tuthill put out his sign which apparently
was in violation. Of co~rse, as mentioned in the application,
in this-particular section you do see considerable advertising
across the street.
CHAIRMAN: You mean behind the windows?
MR. WICKHAM: Yes. That is just the point, I know you do
not have any control over that.
CHAIRMAN: But that is not competition in the product.
MR. WICEHAM: However~ Bohack's has antifreeze for sale.
You have a question of limited advertising in this field and
~n~imited advertising in another field in the exact locality.
The question is how far you should go and what is orderly
Southold Town Board of Appeals -5- December 9~ 1959
advertising. These people in the service station business
in order to advertise antifreeze, if there is a price situation,
they like to advertise the price and any fill in accessories
they h~ndleo I do not know how they are going to effectually
carry out this advertising unless they have some sort of
transient or spot sign.
THE CHAIRMAN: When you say that you mean ESS0?
MR. WIC~M: We have to go back again to the fact this
is a transient business and they have to have some means to
catch the eye of the public. You do not necessarily need such
signs as Chevron, Flying Horse, or ESS0~ etc., you have to go
fttrther than that. They cannot-do it by window display or
through the mails or newspapers, they have to have spot
advertising.
MR. HOWARD M. TERRY, Building Inspector: This has nothing
to do with being for or against this appeal, but this station
is one of the few stations that has been authorized and built
since the 0rd~nance went into effect, limiting signs, etc. that
the gas stations have. Most of the gas stations have been in
business for years and do have these signs which are non-con-
forming. I had to give Mr. Tuthill a violation as he did not
have them before and had no possibility of getting them until
a special exception is applied for and granted.
MR. ROSENBERG: Might I interrupt, and ask you whether you
are speaking for or against this?
MR. TERRY: Neither, that is Just for the record.
MR. ROSENBE~G: Mr. Wickh~n, you are aware that on June
2~th of this year 19~9 they were granted a special exception
through the agency of Mr. Dunathan representing ~SSO who
appeared here on June 2~th and asked for a special exception
for another sign other than those permitted in the 0rdinance~
that the sign he was asking for and was granted was the only
sign he would ask for, and stated they opposed any other signs.
That is the sign on the west end of the station. That was his
persuasive argument that that was the only other sign they
wished.
MR. WICKHAM: vi do not know if he specified this type of
sign or permanent signs.
MR. ROSENBERG: This is one of the nicest stations that
we have around here. There is an ESS0 station here in Southold
and they do not go in for those signs. I attended a seminar
Saturday where a Shell representative gave a talk and they
are opposed to these sms~l signs.~ The representative of the
Shell Company stated that the only additional advertising they
Southold Town Board of Appeals -6- December 9, 1959
would like to have would be something for eiEht or ten days
on an opening of a station.
MR. WICEHAM: I dare say they would be the first to
howl if business fell off.
MR. ROSENBERG: In Huntington it is forbidden to put
up theee signs. I myself thought you had a very beautiful
station there.
THE CHAIRb~N: The representative of Shell also pointed
out that he thought that any regulations bearing on advertising
should beneither more nor less restrictive to a service station
than a Board of Appeals would be to any other business in a~
business area; not to single out gasoline service stations for
any special treatment. In other words, what is done in con-
nection with gas stations advertising should apply to any other
business on the same section.
Is there anyone else present who wishes to speak for this
application? Is there anything anyone would care to add? Are
there any questions anyone would like to ask of Mr. Tuthill
or Wic~ham?
In order to clarify what you do want, you are asking for
three portable standing signs?
MR. TUTHILL: One that might be car wash, oil change, etc.
A lot of people do not look into the station to see what is on
the windows. With thesesigns near the sidewalk it will catch
their attention to any specials we might be having.
CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
THE CHAIRMAN: I would like to ask Mr. Wickham if a special
exception were granted for this purpose of portable signs, the
ssme thing would create a precedent which would extend over the
whole area of Southold Town, unless he can otherwise explain.
MR. WICEHAM~ Maybe the Ordinance did not contemplate this
particular think. The Ordinance is pretty general. This is
Just as seners1 as you can get.
THE CHAIE~AN: The policy of the Board has been, you might
say adamant as far as signs are concerned. The one thing we are
backed on is signs and as I have often mentioned in hearings in
connection with sign applications~ we have had as many as 500
n~mes against a particular sign.
Southold Town Board of Appeals -7- December 9, 19~9
Is there anyone else present who wishes to say any-
thing on this?
MR. ROSENBERG: As you can gather from things I have said
I ~m opposed to this. When this station was originally proposed
there was a great de~l of opposition to it and some of the persuasive
reasoning was the type of station to be put up and I was in favor
of it and I believe in the photographs and sketches and the ESSO
people did Just exactly aS they said they would do~ and the
people in Mattituck were in favor of it.
MR. TUTHILL: I want to do this on my own, this has nothing
to do with ESS0 itself.
MR. WICKHAM: This is still a s~mmer section as far as
retailing. The people seem staisfied to stay the way they are.
MR. TUTHILL: That is because they already have their signs.
MR. ROSENBERG: All I can say as far as your station is
concerned~ the special exception was granted and maybe there
are conditions that warrant a change in the conditions that were
in the first time, but I do not see them.
T~ CHAIRMAN: I can sympathize with your position~ as what
the ESSO people said to us on the occasion of applying for this
is of no interest to you but a handicap at this point.
MR. WICEHAM: I still maintab that that position is dis-
cr~minatory where perhaps 90% of the stations can advertise as
they want. I feel Mr. Tuthill should be treated on the s~me basis.
MR. ROSENBERG: We did authorize several stations but with
the usual conditions of three signs. Your station has four
signs because of the conditions of trees, corner, etc. The
stations that have been authorized have not been given any other
privileges than any other business. This particular location I
feel very strongly about.
THE CHAIRMAN: If there is nothing further to add we will
close the hearing at this point and give it further deliberation
by the Board later this evening.
0nmotion of Mr. Grigonis, seconded by Mr. Rosenberg and
carried, WHEREAS application of LeRoy Tuthill having been con-
sidered at Public Hearing No. 250 on December 9~ 19~9~ and the
Board finding that the public convenience and welfare and Justice
will not be served and the legally established or permitted use
of neighborhood property will be substantially or permanently
injured and the spirit of the Ordinance will not be observed~
therefore be it
RESDLVED that the application be denied because the Board
Southold Town Board of Appeals -8- December 9, ~959
feels that it is not a proper function of the Board of Appeals
to vary the Zoning regulations in order to equalize business
competition and also because the granting of this application
would be contrary to all previous decisions relative to signs.
In addition, on June 25, 1959, because of visit~lity
conditions on this street ~n additions1 business sign was
permitted over and above the usual number of three (3)
permitted on a business corner. At the time of the public
hearing upon application to construct the service station,
which was completed about July l, 1959~ the P-~0 representative
stated the permitted signs would be sufficient. However, the
company later found a need for an additional standing sign and
was granted same. The same reasoning prevails today as it did
at the time of granting the original application for the con-
struction ~f the station. A fine modern service station is an
asset to this important shopping area and it has proven so. No
other station erected since the establishment of the Ordinance
has other than the permitted signs and a great many of the non-
conforming service stations have removed the so called "illegal"
signs of their own volition.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg,
and Mr. Grigonis. Mr. Bergen not voting as he disqualified
himself from sitting on the Board for this hearing.
PUBLIC ~,ARING: 8:00 P.M., APpeal No. 2~1.- Upon appli-
cation of Floyd Houston, a/c Goldsmith and Tuthlll, Youngs
Avenue, Southold, New York~ for a variance in accordance with
the Zoning Ordinance, Article V, Section 503, for permission
to reduce side yard setback on side of property bounded by
railroad right-of-way. Location of property: west side Youngs
Avenue, Southold, New York, bounded north by L. I. Produce and
Fertilizer Co.~ east by Youngs Avenue, south by Railroad, and
west by Long Island Produce and Fertilizer Co. Fee paid $15.00.
The Chairman opened the hearing by reading notice of dis-
approvalissued by the Building Inspector, application for a
variance, legal notice of hearing and affidavit attesting to
its publication in the official newspaper.
CHAIRMAN: I think that all of the Board is thoroughly
fsmiliar with the location, we have all bean over there and
looked at it.
Is there anyone present who wishes to speak for this
application.
MR. FLOYD HOUSTON, New Suffolk, New York: ~hen I put that
Southold Town Board of Appeals -9- December 9, 19~9
plant in 12 or 13 years ago that triangular section which-you
see on your little plan was of no use to us. The four 10,OO0
gal. storage tanks were put in the corner at that time with the
expectation that we would expand to thewest. We are now plan-
ning to put in two 15,OOO storage tanks, 30,000 more storage in
the event of a break down of transportation and I would like to
have them up in the air so in the case of power failure we
could get fuel. We would Also like to build a garage s~d office
sometime in the future and I have the plans here. (Mr. Houston
produced pl~s for the Board to see.) We would like to have the
two tanks as we have the only storage around this area. The
present tan~swhich are underground are about 2 ft. from the
line~ however, these will be much further, 6 or 8 ft. further
because the tanks are not as long as those in the ground.
THE CHAIRMAN: How long are the tanks?
MR. HOL~TON: They are lO ft. long by 2~ ft. in dismeter.
Usually these tanks are painted aluminum.
~HAIRMAN: (referring to sketch) Is the fence on your line?
MR. HOUSTON: I am quite sure it is on the line. I believe
the prQperty line is the fence. My line to the railroad is
ft.
THE CHAIRMAN: Are you going to abandon the railroad siding?
MR. HOL~STOE: No, that will be retained, because at some
time it might be necessary to bring fuel in by tank car.
THE CHAIRMAN: How thick are those slabs?
MR. HOUSTON: Heavy enough to take the biggest transport
trucks.
~ CHAIRMAN: As i understand the reason for putting them
up ih~the air is in case of a po~r failure?
MR. HOUSTON: We have had power failures, also in case of
a br~sW down in our own equipment or Long Island Lighting and so
forth.
CHAIRMAN: Is there anyone else present who wishes to speak
for ~his application? Is there anyone present who wishes to ask
Mr. ~ouston any questions about the application?
Your only reason for putting them in the air~ as I under-
stand it, is because of these slabs and the power failure?
ME. HOUSTON: And it is much less expensive.
Southold Town Board of Appeals -10- December 9, 19~9
THE CHAIRMAN: I hear it is about half a dozen of one and
six of another of a question of deterioration on a tank you put
above or below the ground.
MR. HOUSTON: You can also load a truck faster with a gravity
feed than you can with pumps.
MR. BERGEN: I do not see how you can pump faster with
them above ground. I maintain it can be done just as fast when
they are under ground.
THE Ci~LAIRMAN: I think it would be much more desirable if
they did not stick up in the air. They would be visible from
the Main Road.
MR. H 0USTON: I have one up in the air at New Suffolk
which I painted red and it had been al~min~ and most people
thought they would see it but they do not see ~ very much.
They could be painted green.
THE CHAIRMAN: I talked to one man today who lives near
to t~_~sand he said nobody else wants to live near there. As
I understand it, there is going to be some effort made to
improve that area a bit. I believe across the street is a
residence and there is some intention of the Long Island Rail-
road abandoning that station. Also the hardware store across
the street is not in use and I have heard there is some plan
to perhaps have a modern shopping center in that area and it
would be directly opposite your place. Further, looking into
the future I would like to see them down rather than up. I
would be in favor of granting this variance provided you agree
to place the tanks underground so that they are not an eye sore.
Also there is some hazard involved in overhead tanks rather than
having them in the ground. We were told Saturday by a Shell
executive that the safety feature as far as tanks being under-
ground were minimm~m risks and the only places which are less are
churches, and taverns, etc. are more of a risk than gas stations.
From the hazard angle they are safer underground.
MR. HOUSTON: Gasoline, yes. These are fuel oil tanks.
I would not put gas in the air. Is it a difficulty of being
unsightly?
THE CHAIRMAN: To ~me extent I would say so, I do not
know what the rest of the Board would say.
MR. HOUSTON: What if I put them out 30 ft.?
THE CHAIRMAN: The Board has no control over them if
you located these tanks in the air or up to 50 ft. &s long
as they are 30 ft. from the railroad right-of-way. ~hat I
was concerned about, in the interest of Southold and the
people who live around here, that with a plan afoot to improve
the area, to put a couple of tanks of that size up in the air
Southold Town Board of Appeals -11- December 9, 19~9
at that point would be the first thing people coming into
Town would see.
MR. HOUSTON: Suppose I inquire as to the cost of putting
them into the ground?
THE CHAIRMAN: We would postpone decision in this matter
and continue the hearing until a later date.
MR. GRIGONIS: I Would rather see them in the ground. I
feel that way about all tanks.
MR. BERGEN: My opinion is that a truck can be loaded
Just as fast from a ground feed and I would like to see them
in the ground. My tanks are in the ground and I have a $ in.
feed line.
MR. ROSENBERG: First of all the tanks that you have now
are a non-conforming installation that would not be permitted
if they were to be put in now. You have a right, without
consulting us, to put them any where on the property providing
they are 30 ft. away from the railroad and any street. I
do not know anything that you have said so far, from my point
of view, that gives us a legs] point. There is no unnecessary
or unusual hardship. You wish to utilize your land to the
best advantage. That is not a legs1 hardship. Nor is this at
all a unique situation.
MR. HOUSTON: That would be the most efficient location.
MR. ROSENBERG: To your advantage. I am waiting for
you to tell us of any hardship. Tou must present a hard-
ship. The only hardship for you is to be most advantageous.
That is a personal hardship. From my point of view, from
my position on the Board, you will have to produce a hard-
ship and a unique situation.
THE CHAIRMAN: The purpose of a hearing is to produce
additional information. You did bring out the fact there are
concrete slabs.
PR. HOUSTON: As far as the west end of the property is
concerned there is a s~,mp there which drains all of that
area. Where mthe other part of the property is concerned,
we have a non-conforming situation there and If I can not
put anything in there~ then the property is useless to me.
Mr. Chairman, I would like to have this hearing continued
to a later date so that I may get a price on putting the tanks
underground.
On motion of Mr. Grigonis, seconded by Mr. Bergen, and
$outhold Town Board of Appeals -12- December 9, 19~9
earried~ it was
RESOLVED to continue this hearing until December 23~ 19~9.
Vote of the Board: Ayes:m Mr. Gillispie, Mr. Bergen,
Mr. Rosenberg~ and Mr. Grigonis.
PUBLIC H~.&RING: 8:20 P.M., Appeal No. 2~2 - Upon appli-
cation of Nelson Axien, Box 3~2, Peconic, New York, for a
variance in'accordance with the Zoning Ordinance, Article III~
Section ~0~, and Article X, Section lO00A. Variance is also
requested due to lack of access in accordance with State of
new York Town Law~ Section 280A. Location of property: north
side Private Road, off Mill Road~ Peconic, New York~ bounded
nC~th by Long Island~soUnd, east by other lands of the appli-
cant, south by right-of-way~ and west by G. Hipwell. Fee
paid $1~.00.
The Chairman opened the hearing by reading notice of
disapproval issued by the Building Inspector, application
for a variance, legal notice of hearing with affidavit attest-
ing to its publication in the official newspaper.
CHAIR~h~N: Is there anyone present who wishes to speak
for this application?
MR. Nm~,SON AXIEN. Peconic, New York: I have a chance
to sell this house and lot on one half of the property on
which I built it in the first place in 1957 and the buyer
does not want the entire property and I would like to sell
the house and use the other one half of the property for
myself to build a home. Mr. Van Tuyl has divided the property
in h~f for me and the dimensions are on the sketch you have
in the file and a leg~ description is also there.
MR. ROSENBERG: What does that m&ke each piece, about
one half acre plots?
THE CHAIRMAN: As I understand you wish to build a house
on the remaining lot for yourself. How will you locate the
house~ will that require side yard variances?
MR. AXIEN: There is mnough to put a house in there
without requesting a variance.
THE CHAIR~h~N: Is there anyone else present who wishes
Southold Town Board of Appeals -1~- December 9, 19~9
£o speak for this application? Is there anyone present who
wishes to speak against this application?
(There was no response.)
MR. ROSENBERG: Is that the same access all the other
people up there use?
MR. AXIEN: Yes.
THE CHAIRMAN: How wide is the access road?
MR. AXIEN: 33 ft.
T~ME CHAIR~MkN: That is not a Town road?
MR. AX~N: Nor a private road. It continues do,n in
the ssme direction, turns left at Autumn Lake and goes along
to a Town road.
THE CHAIRPLAN: Does that road have a name?
MR. AXIEN: No.
CHAIRMAN: Is there anyone else present who has any-
thing to say for or against this application?
(There~as no response.)
Resolution was offered by Mr. Bergen, seconded by Mr.
Grigonis, and carried, WHEREAS application of Nelson Axien,
having been considered at Public Hearing No. 252 on December
9~ 19%9;and the Board finding that the strict application
of the Ordinance would produce undue hardship because appli-
cant constructed the present house far to one side of the
lot in 1957 with the intention of buildinga second house
on the other side of the 10t in the future. The situation
is unique and would not be shared by all properties alike in
tile ~mmediate vicinity because this is the only oversized lot
in the area. Other lots have less than 100 ft. frontage. The
public convenience and welfare and justice will be substantially
served and the legally established or permitted use of neiSh-
borhood property and adjacent use districts would not be
substantially or permanently injured and the spirit of the
Ordinance would be observed because applicant intends to
build a dwelling in ~onformance with neighborhood dwellings
and locate same between l~O and 17% ft. from the right-of-way,
therefore be it
RESOLVED that the application be granted because the
Board feels it would be an undue hardship to prohibit the
Southold Town Boar~ of Appeals -l~- December 9~ 19~9
division of this property which amounts to about an acre
because of undersized frontage. Recognition of present
access road which proceeds in a westerly direction from Mill.
Road at Goldsmith Inlet is also approved. In building on
the remaining portion of the property, specifically the east-
erly lot after the division, it is agreed that applicant will
not request side.yard variances on any residence constructed.
Description--Nelson Axien lot adjoining Hipwell. This
is the lot upon which is located the dwelling which Mr. Axien
proposes to sell:
Beginning at the southwesterly corner thereof at a point
on the northerly line of a 33 ft. right-of-way~ said point of
beginning being the southeasterly corner of land previously
conveyed by Nelson Axien to John F. Renhan (now Hipwell);
from said point of beginning running thence along said land
previously conveyed by Nelson Axien to John F. Renahan
N.31°20~W.-300 feet more or less~ to the ordinary high water
mark of Long Island Sound~ thence easterly along said high
water mark of Long Island Sound, 7~ feet~ more or less~ thence
running along land of Nelson Axien parallel with the westerly
boundary of the premises herein described and 72.~g feet easterly
from said westerly boundary~ measured at right angles thereto,
S.31°20'E.-310 feet~ more or less~ to said northerly line of
said 33 ft. right-of-way; th~ce along said northerly line of said
33 ft. right-of-way S.820$9'W.-79.~O feet to the point of begin-
ning.
Description--Nelson Axien lot adjoining Birchard. This
is the lot Mr. Axien intends to retain and build a dwelling on.
Beginning at a point on the northerly line of a certain
33 ft. right-of-way ~ver land of Nelson Axien~ said point of
beginning being N.82 $9'E.-3~.~0 feet along said northerly
line from the easterly boundary of land formerly of Floyd Vail
(now Williamson); from said point of beginning running ~long
land of Nelson Axien parallel ~ith the westerly boundary of land
previously conveyed by Nelson Axien to Burt G. Lewis (now
Birchard)~ 72.~ feet westerly from said westerly boundary
measured at right angles thereto, N.31v20'W.-310 feet, more or
less~ to the ordinary high water mark of Long Island Sound;
thence easterly al ong said high water mark of Long Island
Sound~ 7~ feet~ more or less to said land previously conveyed
by Nelson Axien to Butt G. Lewis; thence along said land
previously conveyed by Nelson Axien to Burt G. Lewis
$.31~20'E.-300 feet~ more or less~ to said northerly line
of said 33 ft. right~of-way; thence along said northerly
line of said 33 ft. right-of-way~ 2 courses~ as follows:
(1) $.67o~0'30"W.-66.0~ feet; thence
(2) S.82°~9'W.-7.90 feet to the point of beginning.
Southold Town Board of Appeals -l~- December 9, 19~9
Vote of the Boardi .Ayes:- Mr. Gillispie, Mr. Bergen,
and
· ~osenuer~, . ' ~-~gon~.
PUBLIC HEARING: 8:~0 P.M., Appeal No. 253 - Upon
application of Midgley and Horton, a/c Fritz Kohn, Cutc~ogue,
New York, for a variance in accordance with the Zoning Ordin-
ance, Article III, Section 30+, as referred to in Article IV,
Section ~00, Subsection l~ for permission to reduce front yard
setback for a residential dwelling in a business district.
Variance is also requested due to lack of access in accordance
with State of New York Town Law, Section 280A. Location of
property: Private Road, east side 01d Harbor Lane, New
Suffolk, New York~ bounded north by H. E. Mason~ east by
Private Road, south by H. H. Tuthill~ and west by Canal.
Fee paid $1~.00.
The Chairman opened the hearing by reading notice of
disapproval issued by the building Inspector, application
for a variance, legal notice of hearing with affidavit
attesting mto its publication in the official newspaper.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. WI~LIAMWICKHAM, Mattituck, New York: I do not
think I can add much to the application; I believe you have
a sketch there. They have more than ample space on the Creek
side and plenty on the north and south sides. The sketch will
show the developed area a little more fully. The lots are not
very deep. Three of them have a width of lgO ft. As stated
in the application, this is the only residence here. Mr. Mason
to the north only has docking space.
CHAIRMAN: How much closer would you be than the existing
line which is established by the existing dwelling?
I~R. ROSENBERG: There was.a trailer there.
house will be the dining room of the new house.
house is 27 ft. from the right-of-way.
The present
The present
CHAIRMAN: Will the porch have a roof on it?
MR. WILLIAM S. MIDGLEJ, JR.: Yes.
(The Board discussed the sketch ap?earing in the file.
CHAIRMAN: Across the street is a boat house?
$outhold Town Board of Appeals -16- December 9~ 19~9
MR. MIDGLEY: Yes~ several boat sheds.
MR. CURTIS HORTON: It is a piece of land that is surrounded
by two canals.
~. MIDGLEY: This will be a year around residence.
THE CHAIRMAN: Is there anyone else present who wishes to
speak for this application?
(There was no response.)
THE CHAIRMAN: Is there any possibility of being any more
houses along the canal?
MR. WICEHAM: No one else is anxious to sell. Harry Tuthill
is not anxious to sell.
THE CHAIRMAN: Is there anyone 9resent who wishes to speak
against this application?
(There was no response.)
Resolution was offered by Mr. Rosenberg, seconded by Mr.
Bergen, and carried~ ~ application of Midgley and Horton,
a/c F~itz Kohn, having been considered at Public Hearing N~.
253 on December 9~ ~19~9~ and the Board finding that the strict
application of the Ordinance would produce undue hardship because
applicant ~urchased this lot several years ago and there has been
a small dwelling thereon for sometime. Applicant wishes to enlarge
a~ improve the dwellin~ and there is no possible way to enlarge
the lot. The situation is unique and wo~:ld not be shared by all
properties alike fn the immediate vicinity because this is the
only residential building in this "B" Business District. The
public convenience and welfare and 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
observed because the expansion of the dwelling would be in keeping
with the other residences in the area and infact improve the
neighborhood~ therefore be it
RESOLVED that the application be granted as applied for
subject however to the condition that the front yard sethack
be at least 12 ft.
Vote of the Board: Ayes:- Mr. Gillispie, Mm. Bergen,
Mr. Rosenberg~ and Mr. Grigonis.
Southold Town B~rd of Appeals -17- December 9, 19~9
PUBLIC ME. ARING: 9:00 P.M.~ Appeal No. 2~ - Upon appli-
cation of Almet Latson~ Private Road, east side Youngs Avenue,
$outhold, New York, for a variance due to lack of access in
accordance with State of New York Town Law, Section 280A.
Property located on private road, east side Youngs Avenue,
Southold, New York, b0~ded north by H. $. Joost, east by
other lands of the applicant, south by K. T. Salmon, and
west by private right-of-way. No fee necessary - access.
The Chairman opened the hearing by reading application
for a variance, ~ gal notice of hearing and affidavit attest-
ing to ~s publication in the official newspaper.
CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. HOWARD M. TERRY, Building Inspector: The road has
been in there a ~ood ~hile.~ i~ pass~ble. (The Board studied
photographs take~ of ~ne r~g -oz-way.~
CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
Resolution was offered by Mr. Bergen, seconded by 1~.
Grigonis, and carried, WHEREAS application of Almet Latson
having been considered at Public Hearing No. 2~0+ on December
9, 19~9, the Board finding that strict application of the
Ordinance Wottld produce undue hardship because this access
is a private roadway which has been in existance for many years
and is partially s~rfaced with black-top and serves as an
access for several other families. The situation is unique
and wotuld not be shared by all properties alike in the immediate
vicinity because this area has several dwellings built at
present which use this roadway. The public convenience and
welfare and 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 observed
because applicant intends to build a residence off this
private road which will be in keeping with the other residences
in this neighborhood, therefore be it
RESOLVED that the ~pplication be granted as applied for.
Vote of the Board:- Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Rosenberg~ and Mr. Grigonis.
~outhold Town Board of Appeals -18- December 9, 19~9
The Chairman reported that he had received a telephone
call from Mr. Edwin H. King, Orient, New York relative to the
question of enlarging a sign on the southerly line of his
property adjoining Route 25 on the old golf ~ourse. The
Board discussed this matter and it was decided a letter
should be forwarded to Mr. King stating that there are several
signs on the property and the Board of Appeals is not sure
which one he is referring to~ however, it would be contrary
to our past policy with reference to gemeral advertising signs
to permit any new non-conforming installations.
The minutes of the meeting of November 2~, 19~9~ on
motion of Mr. Rosenberg, seconded by Mr. Bergen, and carried,
were approved as submitted.
Vote of the Boar~: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Rosenberg, and Mr. Grigonis.
The Board of Appee~s received an application for a
variance dated December 9, 19~9 from Eugane Horton, a/c
William Blanchard, Grathwohl Road, New Suffolk~ New York.
The Board set 7:30 P.M.~ Wednesday, December 23, 1959 as
time for hearing. However, on December 10~ 19~9 Mr. Horton
withdrew this application for a variance as it was discovered
there was ample sq. ft. in the lot not to warrant an appeal.
The next meeting of the Southold Town Board of Appeals
will be held Wednesday, December 23, 19~9, 7:30 P.M., at the
Town Clerk Office, Main Road, Southold, New York.
Meeting adjourned at 10:3~ P.M.
Respectfully submitted,