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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