HomeMy WebLinkAboutZBA-11/25/1959 S°uthold
APPEA~- BOARD
MEMBERS
Robert ~'. Gillispi¢, Jr., Che~rrnan
Ro'~e~t Bergen
Herb~ Ros~nb~r9
Charles Grzgo~is, Jr.
Serge Doyen, Jr.
Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5.26~fl0
Southold Town Board of Appeals
November 2~, 19~9
A regular meeting of the Southo!d Town Board of
Appeals was held 7:30 P.M.~ Wednesday~ November 2~, 19~9~
at the To~.~ Clerk's Office, Main Road, Southold, New York.
There were present: Messrs. Robe2t W~ Gillispie, Jr.,
Chairman, Robert Bergen~ Herbert Rosenberg~ and Charles
Grigonis, Jr.
Also present: Mr. Howard M. Terry, Building Inspector.
Absent: Mr. Serge Doyen, Jr.
PUBLIC ~!qING: 7:30 P.M.~ Appeal No. 237 - Upon appli-
cation of Peter Kreh~ Jr. ~ a/c Mattituck Marina, C~mp Mineola
Road, Mattmtuc-~, New York, for a special exception in accord-
ance with the Zoning Ordinance~ Article III, Section ~00~
Subsection 3A~ for permission to expand the Mattituck Marina.
Location of property: Camp Mineola Road~ Mattituck, New York,
bounded north by Julius ZebrOski~ east by Peter ~eh, Jr.~
south by James Creek, and west by James Creek. Fee paid $1~.00.
The Chairman opened the hearing by reading application for
a special exce. ption, legal notice of hearing and affidavit
attesting to mts publication in the official newspa-0er.
$outhold Town Board of Appeals -2- November 257 1959
CHAIRMAN: Is there anyone present who wishes to speak
for this application?
Mr. Peter Kreh, Jr. presented a Sketch he prepared of the
project with the proposed changes indicated. Mr. Kreh stated
that he intends to widen.the canal on the Bay side and put in
additional m. orings.
CHAIRMAN: How deep is the canal?
MR. KREH: Six foot and 25 ft. wide. We now propose to
make it 50 ft. wide.
CHAIRMAN: What difficulty did you have this summer?
MR. KBEH: I could not get the Big boats in there. We
have had a few inquiries to take 26 and 28 ft. boats for gas
and some have asked for moorings.
MR. HOWARD M. TERRY~ Buildin~ Inspector: I have heard
a great amount of favorable comment about this'operation up
there. I have not heard any opposition from anyone~
(The Chairman read theaction granting the pri®r special
exception on December 18~ 1958.)
CHAIRMAN: The boats that come in for gas, are they
pleasure boats?
MR. EREH: Yes.
CHAIRMAN: How much parking area do you have?
MR.'JAMES Iq{EH: We have a 50 ft. road with 25 ft. improved
and used~ the other 2~ ft. is used for parking.
CHAII~ViAN: What is going to be the location of the lLnder-
ground storage tanks?
MR. PETER I{REH: (Mr. Kreh indicated on the sketch he
presented to the Board the exact location of the proposed
taks. He stated they will be installed with anti-floating
concrete saddles.)
CHAIRMAN: What other services do you perform there outside
of supplying gas?
MR. EREH: Gas and oil~ that is about ally however we also
do repairs. We use the launching ramp for pulling boats in and
out.
MR. R0SENBERG: Have you finally decided to put the tanks
Southold Town Board of Appeals -S- November 2~, 19~9
on your property~ not on the creek side? It would seem ~ess
objectionable to other people in the area.
CHA Ii~iAN:
fas t?
us to
from
Yes~ we~have,
Do you have much trouble with boats going too
Mostly with outbo~ards. They go Pretty fast.
MR. JAMES KREH: We watch them~pretty carefLtlly.
MR. PETER IG~EH: The property owners in the area have allowed
put up signs and we~ in that.way, try to control the speed
that method. The signs read$ miles per hour.
CHAIRMAN: Are there any other questions anyone would like
to ask?
MR. BE~qGEN:
How much meadow do you own towards the water?
MR. KREH: About l0 acres.
MR. ROSENBERG: How are the people that are going to use
the new canal going to get to their boats?
MR. KREH: We are going to put another road on the other
side.
(There was a brief discussion relative to cutting into
meadow land and dredging the canal.)
CHAIRMAN: Is there anyone else present Who wishes to speak
for this application? Is there anyone present who wishes to
spe~c against this application?
(No one wished to speak.)
Resolution was offered by Mr. Bergen, seconded by:Mr.
Grigonis~ and carried~ WHEREAS application of Peter Kreh, Jr.,
having been considered at Public Hearing No. 237 on November
25~ 1959~ and the BOard finding that the public convenience
and welfare and justice will be served and the legally
established or permitted Sse of neighborhood property will
not be substantially or permanently injured and the spirit of
the Ordinance will be observed, therefore be it
RESOLVED~ that the application be granted as applied
for under the following conditions: the gasoline service
facilities be located at the southerly end of the made land
adjoining James Creek which runs to the west cg this ProPerty.
Southold Town Board of Appeals -4- November 2%, 19%9
Furhter condition: that th$ original special exception permitting
3% berths be expanded to include permission for up to 100 boats
of a class no larger than A'2 (26 ft. to~2 ft.). All of the same
conditions except as to the number of berths which applied on
special exception No. 126 also apply to the granting of this
special.exception.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Rosenberg, and Mr. Grigonis.
PUBLIC HEARING: 8:00 P~M., Appeal No. 236 - Upon appli-
cation of Theresa Bollhoefer, East ROad ( Fleets NeCk ),
Cutchogue, New York~ for a variance in accordance with the
Zoning Ordinance, Article III, Sections 303, and 307 for
permission to reduce frontage 'and side yards and Article X,
Section 1000A for permissi0ni~o'di~ide property into two lots.
Location of property: south side East Road, Cutchogue,-New
York~ bounded north by East Road~ east by Julia Wickham, south
by Bay~ and w~st by PequashmAvenue and Willis. 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 and affidavit
attesting to its publication in the official newspaper.
CHAIPJ~AN: Is there anyone present whowishes to speak
for the application?
(Mrs. Theresa Bollhoefer stated she was the owner of
the property and wished to speak for the application.)
(Mrs. Bollhoefer was asked to identify the photographs
taken of her property and she did so.)
CHAIRM~N: What is the size of your lot in Garden City
where you presently make your home2
MRS. BOLLHOEFER: 61 by 100.
CHAIE~N~ There is also a house on the bay on this
property, does that belong to you?
MRS. BOLLHOEFER: Yes, itdoes. I rent it through the
summer.
CHAIRMAN: You presently have an "L" shaped piece of
property and you propose now to divide th~ Bay property from
~outhold Town Board of Appeals -5- November 25, 1959
the Pequash Avenue property at a suitable point?
MRS. BOLLHOEFER: Right.
CHAIRMAN: You say there will be no objection from the
adjoining property owner to the West?
MRS. BOLLHOEFER: No, that would be Mr. Willis, and he
is here with me tonight. I want to build the house for a
permanent home, I want to co~out here tb live. I w~ll
tear down the little hodse that iseEisti~g near the 'road
now.
CHAIRMAN: Is there anyone else present who wishes to
speak for this application?
MR. JOHNWILLIS, Cutc~ogue, New York: Mrs. Bollhoefer
is my sister-in-law and I fe~l it would be nice to have her
here near her own sister.
CHAIRMAN: Mr. Willis, how far is the east line of yot~r
house from the ~ot line?
MR. WILLIS: Seven feet from the foundation to the
property line.
CHAIRMAN: Do you have a garage?
MR. WILLIS: Yes~ my garage is attached to my house on
the west side on Pequash Avenue.
CHAIRMAN: Is there anyone else present who wishes to
speak for this application? Are there any questions anyone
would like to ask of the people who have spoke for the appli-
cation?
~MR. ROSENBERG: Yours is rather, from a legal point of
view, a complicated matter. You are asking to divide from
one to two lots. You are also asking, if that is permitted
to treat the property as a Small lot that existed before
Zoning.- You now have a non-conforming building. You are
only permitted, under Zoning! .to have one building. If there
were no hOuse here and you wiShed to build there you would
have to leave l0 ft. and 15 ft.side Yards.
CHAIRMAN: I think what Mr. Rosenberg is bring out is~
if you owned a large lot today and you wanted to divide and
put two r~sidences on it you would have to adhere to the
regulations that exist as it wo~ld apply to everyone else.
One of the problems along this whole avenue on Peconic BaY
is just this problem you are bringing out~ a long lot with
Southold Town Board of Appeals -6' November 2~, 19~9
irregular location of the houses existing prior to zoning. In
any case~ what do we do with people who come in here and ask
for something that looks reasonable to them but would not be
permitted a~yone else. It is not a hardship to say that because
there is no dwelling to the east of you you should be ~rmitted
to put a dwelling in there much larger than the present one.
The fact which you have mentioned here several times, that you
wish to duplicate your Garden City home is a very commendable
thought but it is incidental and unrelated to this application.
(Mr. Rosenberg brought out the fact there are several
pieces of property across the street and on the same side of
the street which are larger than the Bollhoefer property, but
the same thing could not be done.)
MR. ROSENBERG: It is my feeling that there should be ~ ft.
on the Wickham side and 7~ on the Willis side.
(The Board discussed with Mrs. Bollhoefer the placement
of the house on the lot and the possibility of making the
house slightly smaller.)
MRS. BOLLHOEFER:Well, if we cannot~have what, we are ask-
ing, we will give you ~ ft. on one'side and 7½ on the~6ther.
CHAIRMAN: It is the feeling of the Board the'application
cannot be granted as applied ~?'for.
Resolution was'offered by Mr. GrigoniS, seconded by Mr.
Bergen, and carried, ~tEREAS aPplication of Theresa Bollhoefer,
having been considered at Public Hearing No. 237 on November
2~, $9~9~ and the Board finding that the application must be
denied as requested, but granting permission to use the lot
and build a dWelling which shall be no closer to the east side
line than 5 ft. and no closer to the west side line than 7½ ft.
and no closer to East Road than the existing front yard setback
wstablished by the house ~mmediately to the west. This
permission is ~be subject to transfer of the northeasterly
portion of th~ Bollhoefer property as described on Otto W.
Van Tuyl~s map~drawn October 9, 1959 in which a northerly
dimension o~ ~9.04 ft. is noted Parallel to East Road, by
12~ ft. on the east line, by $6.01 ft. on the southerly line
which is an extension of the Willis southerly line as shown
on the map, and returning to the point of beginning a distance
of 111.66 ft.
It is felt that thepeculiar shape of this property in
itself creates a hardship.
This variance is further granted subject to the complete
~emolition and removal of the existing non-conforming dwelling.
Southold Town Board of Appeals -7- November 25, 1959
This permission is to become effective immediately upon
the transfer of the lot out of. Mrs. Bollhoefer's name.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. ~rgen,
Mr. Rosenberg, and Mr. Grigonis.
PUBLIC HEARING: 8:SO'P.M. ~ Appeal No. 238 - Upon appli-
cation of Wilbur S. Hauser~ d/b/a Pecon~ Liquer Store, Main
Road, Peconic, New York, for a special exception in accordance
with the Zoning Ordinance, Article III~ ~ection 300~ SubSection
ll~ for permission to erect sign~advertising Peconic ~iqu~r Store
on north side Main Road,-P~conic~ New York. Property bounded
north by A. Cierach~ east by G. Berkoski~ ~outh by Main Road, and
west by A. Cierach. Fee paid $1~.00.
The Chairman opened the hearingby ~e~ding application for
a special exception, legaI~not~ice of hearing~ andaffidavit
attesting to its publication in the official newspaper.
CHAIRMAN: Is there
for this application?
MR. WILBUR HAUEER:
the application.
anyone present who wishes to speak
I have no~hing to add to what is in
(The photographs taken of the Peconic Liquor Store and
existing sign were shown to Mr. Hauser and he identified them.)
MR. JOHN STA~ICZ, Manager of Gregory-Doyle~ Inc. building
which is located behind the PeconiC Liquor Store: That is not
a true picture~ because Gregory-Doyle building is behind the
liquor store. ~e have trucks coming in and out from behind the
building, and some of you who are familiar with gypsy drivers
know they come in and out like a bunch of indians. AiSD~ another
thin~ as a neighbor I do not object to the sign. There is no
objection in the neighborhood. If there were you would see
them here at the hearing. As manager of the firm in the same
yard we also have no objection. - About the gypsy drivers; the
driveway was built before Mr. Hauser was there. That is a
stone driveway. We even had occasion when the stones broke
our windshields.
CHAIRMAN: Everything is leased to tenants?
MR. HASUER: That is correct.
(Considerable discussion followed relative to stones
from the driveway and Town road flying up and hitting cars
and the existing sign.)
8outhold Town Board of Appeals -8- November 25~ 19~9
CHAI~N: I would think the reasoning as far as the
stones is not one that we could recognize as a legitimate
reason for granting this special exception.
What about item 2~ an eye-level traffic hazard?
.MR. HAUSER: People do not see it until they are on top
of it. People coming out from the city see the sign and Jam
on the brakes and cut across traffic.
MR. BERGEN: Would they see it sonner if it were closer
to the building?
MR. HAUSER: I have oneon the building that I am going
to take off. The building is 100 ft. off the street and the
house to the east of me is 25 ft. off the street.
MR. STANKEWICZ: We would be willing to take down two
of our signs and that would mean three signs would be taken
down to m~[e room for the new ~gn.
Fiq. HAUSER: People do not see the Other neon sign on
the building even though it is high enough, but it is not
visible.
CHAIRMAN: You are permit a sign l~ ft. You can ha~e it
l0 ft. from the ground if you like. The sign sizes in a /"B"
Business district are l~ ft. 6 in. from the~g~oUnd to the tgp
edge. The sign itself cannot exceed 6 ft. 6 ~n. by 12 ft. 6 in.
MR. HAUSER: The sign man said for visibility of 1507 ft.
a
3O
in'
letter is required..The only reason I put Peconlc on
there is people come in to see if this is Southold. It does
not have to be there at all.
CHAIRM~N : No business signs have been granted that were
not in accordance with the regulations. I amtrying to suBgest
that you take and cut down the sign to ~ by lO. Possibly ~$~
If you cut out Peconic and hold the top dimension to l~ ft. 6 in.
from the ground, you could then get it about 9 or 10 ft. from
the gro'mud level which would largely eliminate the traffic
hazard. The outside dimension has to be within those maximum
dimensions.
Are there any questions anyone else would like to ask?
How soon do you propose to do this?
MR. HAUSER: As soon as I get finished remodeling the
buildingS about March.
CHAIRMAN: When will you remove the old sign?
Southold Town Board of Appeals
-9- November 2~, 19~9
MR. HAUSER: I will remove the old signs as soon as I
put up the new sign.
Resolution was offered by Mr. Bergen: seconded by Mr.
Rosenberg~ and carried~ WHEREAS application of Wilbur S.
Hauser~ d/b/a/ Peconic Liquor Store, having been considered
at Public Hearing NO. 238 on November 2~, 19~9, and the Board
finding that the public convenience and welfare and Justice
will be served and the legally established or permitted use
of neighborhood property will not be substantially or permanently
injured and the spirit of the Ordinance will be observed~ there-
fore be it
RES0LVED~ that the application be denied as requested~ but
granted permitting the construction of a neon lighted sign
conforming with the maximum dimensions for permitting a business
sign as specified in Section ~08~ with a maximum height not more
than l~ ft. 6 in. and maximum dimensions of the sign area not to
exceed 6 ft. 6 in.by 12 ft. 6 in. This is not to be interpreted
as permitting an arrow outside of the 6 ft. 6 in. by 12 ft. 6 in.
area Just mentioned. 'The lower edge of the sign is to be no
less than 3 ft. from the ground level. Any electrical controls
to be located at least ~ ft. from ground level. A further
condition with regard to this permission of a business sign in
"A" Residentialarea requires the elimination of the present
wall sign an~ present standing sign. The new sign is to be
located approximately in the area of the present standing sign
but in any case no closer than ~'ft, from any property line.
Sign to be erected before July l, 1960 or new application must
be filed.
Vote of the Board: Ayes.- Mr; Gillispie~ Mr~B~rgen~
Mr. Rosenberg, and Mr. Grigonis.
The minutes of the Meeting of November 12~ I9~9~ on
motion of Mr. Grigonis~ seconded by Mr. Rosenberg~ and carried:
were approved as corrected.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~
Mr. Rosenberg~ and Mr. Grigoni~.
On motion of Mr. Grigonis, seconded by Mr. Rosenberg and
carried~ it was RESOLVED that time and place be fixed for
hearing upon application of Genuaro Maneri~ Pike and Maple
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.
Southold Town Board of Appeals
-10- November 2~, 19~9
Location of property: south side Pik~ 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.
Time and place' being set for 7:30 P.M. (E.S.T.), Wednesday,
December 9, 19~9, at the Town Clerk Office, Main Road, Southold,
New York.
Vote'of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
By resolution offered by Mr. Bergen, seconded by Mr. Rosenberg
and carried,'7:~O P.M. (E.S.T.), Wednesday, December 9, 1959, Town
Clerk Office, Main Road, Southold~ Ney York, was set for hearing ·
upon application of LeRoy Tuthill, Main Road, Matt%tuck, New York,
for a special exception'in accordance with the Zonmng 0rdinance~
Article IT, Section 408, and Article VIII, Section 703A, for
permission to erect three (3) portable ground signs on premises'
of ESSO Service Station, corner of Main Road and Wickham Avenue,
Mattituck, New York.
Vote of the 'Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
On motion of Mr. Rosenberg, seconded by Mr. Grigonis, and
carried~ Wendesday, Uecember 9, 1959, 8:00 P.M. (E.S.T.), Town
Clerk,s Office, Main Road, S0Uthold;Ne~ york, was set as time
and place for hearing~pon ~ppli~at~on~of Floyd Houston, a/c
Goldsmith and Tuthill, Youngs Avenue, Southold, New york, for a
variance in accordance with the Zoning Ordinance~, Article V~
Section 503, for permission'to~redd6~ side Yard Setback on side
of property bounded by railroad right-of-way. Location of
property: west side Youngs Avenue, Southo%d, New York, bounded
north by L. I. Produce and Fertilizer Co., east by Youngs Avenue,
south by Railroad, and west by L. I. Produce and fertilizer Co.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg~ and ~. Grigonis.
On'motion of Mr. Grigonis, seconded by M~.. Rosenberg, and
carried, it was RESOL¥'ED that time and nlace oe fixed for
hearing upon application of N~ls0n Axien, Box 3%2, Peconic,
New York, for a variance in accordance with the Zoning
0rdinance~ Article III, Section 303, and article X, Section
iO00A, for permission to reduce frontage and sell as asingle
lot. 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 north by Long Island Sound~
east bY other lands of the applicant, south bY right-of-way~
and west by G, Hipwell. ~Time and place 'being~ set for 8:20
P.M. (E.S.T.): Wednesday, ~ecember 9~ 19%9 at the Town Clerk
Office, Main Road, $outhold, New York.
Southold Town Board of Appeals -11-
November 25, 1959
Vote~of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr.
Rosenberg, and Mr. Grigoni~
By resolution offered by Mr. Rosenberg, seconded by Mr.
Bergen,'and carried, 8:$0 P.M. (E.S.T~)~ Wednesday, December
9, 1959, Town Clerk 0ffice, Main Road, SOuthold, New York
was set as time and place for hearing upon application of
M~dgley and Hort~a/c Fritz Kohn, C~tchogue, New York, for a
variance in accordance with the Zoning Ordinance, Arti01e~III,
Section 30~ and as referred toiin Article IV~ Section $00~ Subsection
l, for permission to reduce front yard setback for a residential
dwelling in a business district. Variance is also requested
due-to lack of access in accordance with~State of New York Town
Law~ Section 280A. Location of proRerty: Private Road~ east
side 01d Harbor~Lane, NeW Suffo!k~ New York, bounded n~th by
H~ E. Mason, east by Private Road, south by H. H. Tuthill, and
west by Canal.
Vote of the Board: Ayes:- Mr. Gillispie, R~. Bergen,
Mr. Rosenberg, and Mr. Grigonis.
0n'motion of Mr. Bergen, seconded by Mr. Grig onis, and
carried, Wednesday, Decembers9, 1959~ 9:00 P.M. (E.8.T.)~
Town Clerk Office, Main Road, Southold~ New York, was set
as time and place for hearing upon application of Almet
Latson, Private Road, east side Youngs Avenue, Southold, New
York, for a variance due to lack of access in accordance with
State of New'York Town Law, Section 280A. Property located on
private road, east side Youngs Avenue, Eouthold~ New York~
bot~uded northby A. Dolfinger and P. Sawyer, east by K. Salmon
and A. Latson, and others, south by Town Creek, and west by
C. Nissen, A. Downs, and other~.
~ote of the Board: Ayes$- Mr. Gillispie, Mr. Bergen,
Mr. Rosenberg, and ~. Grigonis.
It was further RESOLVED that legal notice be published
in the official newspaper on date of December ~, 1959.
Vote of the Board: Ayes:- Mr.~illispie, Mr. Bergen,
Mr. Rosenberg, and Mr.Grigonis.
The next meeting of the Southold Town Board of Appeals
will be held ~dnesday~ December 9, 1959, at the Town Clerk
Office, Main Road, Southold, New York.
Meeting adjourned at 10:$5 P.M.
~- ~ __ Respectfully submitted,
/~~ith T. Bokenl
~ ~ ap~~ Secretary