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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,