HomeMy WebLinkAboutZBA-10/22/1959Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone SO 5-~660
APPEAL BOARD
MEMBERS
Robert xX/. Gillispie, Jr., Chahmen
Robert Bersen
Herbert Rosenberg
Charles Gregonis, Jr.
SeH]e Doycn~ Jr.
MINUTES
Southold Town Board of Appeals
October 22, 19~9
A regular meeting of the Southold Town Board of Appeals
was held 7:30 P.M,~ October 22, 1999, at the Town Clerk's
Officer Main Road~ Southold~ New York.
There were present: Messrs. Robert W. Gillispie, Jr.,
Chairman, Robert Bergen, Herbert Rosenberg~ Charles Grigonis~
and Serge Doyen, Jr.
Also present: Mr. Howard M. Terry, Building Inspector.
PUBLIC B~ARING: 7:30 P.M.~ Appeal No. 228 - Upon appli-
cation of Frank E. Horn, Island View Lane, Greenport, New
York, for a v.~riance in accordance with the Zoning 0rdinance~
Article III~ Section 303~ and Article X, Section lO00A~ for
permission to reduce frontage and sell as a single lot, property
located on Private Road, off Island View Lane~ Greenport~ New
York. Lot No. 9 on map of property of Frank Horn~ Greenport~
New York. Fee paid $1~.00.
The Chairman opened the hearing by reading letter from
the applicant, notice of disapproval issued by the Building
Inspector, legal notice of hearing with affidavit attesting
ot its publication in the official newspaper. Also appearing
in the file was a legal description of the property dated
October 7~ 19~9.
$outhold Town Board of Appeals -2- October 22, 19~9
CIiAI~AN: Is there anyone present who wishes to speak
for this application?
MR. FRANK HORN, Island View Lane, Greenport, Mew York:
I do not have anything to add, I believe everything is covered
in the application.
CHAIP~MAN: Is there anyone present who wishes to speak
against this application? Are there any questions anyone
would like to ask? -- There is a house on this property?
MR. HOR~P: Yes, there is a house and the tenant wishes
to buy the house, and all of the others are going to buy at
the same time. The lot in the middle was sold about 19~0.
Resolution was offered by Mr. Grigonis, seconded by Mr.
Rosenberg~ and carried~ WHEREAS application of Frank E. Horn,
having been considered at Public Hearing No. 228, on October
22, 1999, and the Board finding that the strict application
of the Ordinance would produce undue hardship because the
building had been built prior to zoning and has been used for
s~mmer tenants continually since that date. There is no way
of enlarging the lot to conform to the requirements of the
Ordinance. The situation is unique and would not be shared
by all properties alike in the immediate vicinity because this
is the only property in the area which has several cottages
built on one piece of property for the purpose of summer
rentals. 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 building has existed
in this location for several years and has been used for resid-
ential purposes. The proposed use by the purchaser would continue
as residential~ therefore be it
RESOLVED that the application be grantedas applied for on
Lot No. 9 on map of property of Frank E. Horn, described as
follows: Beginning at an iron pipe set on the boundary line
between land of ~am Pekunka and land conveyed or to be con-
veyed by the party of the first par~ to (BunE~lo~No. 10), said
pipe being 3~ feet northerly along said line from its inter-
section with the northerly line of land of Francis M. Pitt;
running thence along said land of Pekunka, N.26°~3'gO"W.-33.0
feet to an iron pipe; thence along other land of said party
of the first part, three courses, as follows: (1) at right
angles to the l~st described co~u~se$ N.63°O6'10"E.-16.0 feet
to an iron pipe. thence (2) S.88 12 E.-168.7 feet to an iron
pipe; thence (3) S.2~°~'E--13~.3~ feet to an iron pipe set
at the edge of the creek; thence northwesterly along creek
l0 feet, more or less, to an iron pipe; thence along said land
Southold Town Board of Appeals -3- October 22, 19~9
conveyed or to be con~eyed by the party of the first Bart to
.(Bungalow No. 10), t?~ee courses as follows: (1) N.~O 2~'W.-90.2~
feet to an iron pipe; thence (2) N.7~°19'W.-136.0 feet to an
iron pipe; thence (3) S.63°06'lO"W.-16.0-feet to the point of
begi~ming~ - Together with ar ight of way 16 feet in width
from the northwesterly corner of the ~remises notherly along
said land of Pekunka to a private road over land of said party
of the first part~ and thence easterly over said private road
to Island View Lane. - Subject to a right of way 16 feet in
width across the westerly end of the premises adjoining land
of Pekunka. - Together with all right, etc. in the creek....
(Subject to an easement of L. I. Ltg. co....)
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~
Mr. Rosenberg~ Mr. Grigonis, and Mr. Doyen.
PUBLIC ~&RING: 7:~O P.M.~ Appeal No. 229 - Upon appli-
cation of Frank E. Horn~ Island View Lane, Greenport~ New York~
for a variance in accordance with the Zoning Ordinance, Article
III~ Section ~0~ and Article X~ Section lO00A~ for permission
to reduce frontage and sell as a single lot, property located
on Private Road~ off Island View Lane~ Greenport~ New York.
Lot No. l0 on map of property of Frank Horn~ Greenport, New
York. Fee paid $1~.00.
The Chairman opened the hearing by reading letter from
the applicant, notice of disapproval issued by the Building
Inspector~ legal notice of hearing with affidavit attesting
to its publication in the official newspaper. Also appearing
in the file was a legal description of the property dated
October 7, 19~9.
CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. FRANK E. HORN~ Island View Lane~ Greenport~ New York:
As I stated before~ I believe the application covers everything.
CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(No one wished to speak.)
CHAIRMAN: How did it happen that these lots arrived in
this condition?
MR. HORN: The people were anxious to have creek front
and it was difficult to lay out the lots with creek front.
Southold Town Board of Appeals -4- October 22, 19~9
CHAIRMAN:
MR. HOR/~:
C~LEIRMAN:
~q. HOP~-:
Mr. Horn~ how many cottages have you built?
16 counting my o~m
HOw many are year-afoul8 houses?
Three~ while not used year-around are suitable
to be used as such. There are three others that can be made
year-around with very little work~ all they need are heating
systems. Five other people who have houses down there bought
land from me and built their o~m cottages. They are summer
bungalows that can become winter bungalows with very little
work.
CHAIR~N: Are there any other questions?
(No one wished to speak.)
Resolution was offered by i~m. Bergen~ seconded by Mr.
Rosenberg~ and carried~ WHEREAS application of Frank E. Horn,
having been considered at Public Hearing No. 229~ on October
22~ 1999~ and the Board finding that the strict application
of the Ordinance would produce undue hardship because the
building had been built prior to zoning and has been used for
s~mer tenants continually since that date. There is no way
of enlarging the lot to conform to the requirements of the
Ordinance. The situation is unique and would not be shared
by ~1 1 properties alike in the immediate vicinity because this
is the only property in the area which has several cottages
built on one piece of property for the purpose of summer
rentals. The public convenience and welfare and justice will
be substantially served snd the legally established or permitted
use of neighborhood property and adjacent use districts would
not be substantially or permanently injured and the spirit of
of the Ordinance would be observed because the building has existed
in this location for severa/ years ~nd has been used for resid-
ential purposes. The proposed use by the purchaser would continue
as residential~ therefore be it
RESOLVED that the application be granted as applied for on
Lot Noo l0 on map of property of Frank E. Horn~ described as
follows: Beginning at a triangular concrete monument set on
the boundary line between land of Adam Pekunka and land of
Francis M. Pitt~ said monument being 23 feet southwesterly
from the northeasterly corner of said land of Francis M. Pitt;
running thence along said land of Adam Pekunmka, N.26°~3'~O"W.-35.0
feet to an iron pipe; thence along land conveyed or to be con-
veyed by the party of the first part to (Bungalow No. 9)~ thr~e
courses~ ~s follows: (1) at right angles.to the last describea
course, N.63°.O6,10"E.-16.0 feet to an iron pipe; thence (2)
S.75°19'E.-136.0 feet to an iron pipe; thence (3) S.~O°2~'E.-90.2g
Southold Town Board of Appeals -5- October 22, 1959
feet to an iron pipe set at the edge of the creek; thence
southwesterly along the creek 50 feet, more or less~ to said
land of Francis ~. Pitt; thence along said land of F. M. Pitt~
O ~ ~
three courses, as follows: (1) N.6~ 1~'W.-65 feet. more or
less to an iron pipe; thence (2) N.$8°36'W.-lOl.16 feet to
an iron pipe; thence (~) S.52o20,W.-23.0 feet to the point
of beginning. - Together with aright of way 16 feet in width
from the northwesterIy corner of the premises northerly along
said party of the first part~ and thence easterly over said
private road to Island View Lan~ - Subject to a right of way
16 feet in width across the westerly end of the premises
adjoining land of Pekunkm. - Together with ~ll right~ etc.
in the creek... - (Subject to an easement of L. I. Ltg. Coo.)
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~
Mr. Rosenberg, Mr. Grigonis, and Mr. Doyen.
FUBLIC P~M~RING: 7:~0 P~M., Appeal No. 2~0 - Upon appli-
cation of Frank E. Horn~ Island View Lane~ Greenport, New York~
for a variance in accordance with the Zoning Ordinance~ Article
III, Section ~0~, and Article X,Section lO00A~ for permission
to reduce frontage and sell as a single lot~ property located
on Private Road~ off ~sland View Lane~ Greenport, New York.
Lot No. 12 on map of property of Frank Horn~ Greenport~ New ~ork.
Fee paid
The Chairman opened the hearing by reading letter from
the applicant~ notice of disapprova~ issued by the Building
Inspector~ legal notice of hearing with affidavit attesting
to its publication in the official newspaper. Also ap~ aring
in the file was a legal description of the property dated
October 7, 19~9.
CHAI~N: Is there anyone present who wishes to speak
for this application? Is there anyone present who wishes to
speak against this application? Is there anyone present who
wishes to ask any questions ~tu connection with this appli-
cation?
(No one wished to speak.)
CHAIRMAN: Mr. Horn~ what do you estimate is the size
of lot No. 127
MR. HORN: Approximately what t~e others are~ 9~000 square
feet.
Resolution was offered by Mr. Rosenberg~ seconded by Mr.
Grigonis, and carried, ~EtEREAS application of Frank Horn,
having been considered at Public Hearing No. 2~0 on October
Southold Town Board of Appeals -6- October 22, 19~9
22~ 19~9, and the Board finding that the strict application
of the Ordinance would produce undue hardship because the
building had been built prior to zoning and has been used for
summer tenants continually since that date. There is no way
of enlarging the lot to conform to the requirements of the
Ordinance. The situation is unique and would not be shared
by all properties alike in the immediate vicinitybecause this
ia the only property in the area which has several cottages
built on one piece of property for the purpose of summer
rentals. The public convenience and welfare and justice will
be substantially or permanently 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 wo~ld be dzerved because the
building has existed in this location for several~ ars and has
been used for residential purposes. The proposed use by the
purchaser would continue as residential~ therefore be it
RESOLVED that the application be granted as applied for on
Lot. No. 12 on map of property of Frank E. Horn~ described as
follows: Beginning at an iron pipe set on the boundary line
between land of the party of the first part and land of Admm
Pekunka~ at the northwesterly corner of land of Francis'M.
Pitt; ruruuing thence along said land of Francis M. Pitt~ two
courses, as follows: o(1) S.$8°32'E.-109.91 feet to an iron
pipe; thence (2) 8.61 01'E.-7~ feet, more or less, to the
creek; thence southerly along the creek ~5 feet~ more or
less~ to an iron pipe; thence along other land of the party
of the first part, t~ocourses~ as follows: (1) N,~6°~3'W.-lll.7
feet to an iron pipe; thence ~2) N.37~lS'W.-lO0. O feet to an
iron pipe and said land of Adam Pekunka;_thence along said
land of Adam ~ekunka~ N. ~2°20'E.-30.0 feet to the point of
beginning. - Together with a right of way 16 feet in width
from the northeasterly corner of the premises easterly and
then northeasterly along said land of ~ekunka to a private
road over land of the party of the first part, and thence
easterly over said private road to Island View Lane. - Subject
to a right of way 16 feet in width across the northerly end
of the premises adjoining said land of Pekunka. - Together
with all right~ etc., in said creek abutting the premises. -
(Subject to an easement of L. I. Ltg. CO.o.)
Vote of the Board: Ayes:- ~. Gillispie, Mr. Bergen,
Mr. Rosenberg~ Mr. Grigonis, and ~. Doyen.
PUBLIC 5~ARING: 8:00 P.M., Appeal No. 226 - Upon appli-
cation of Jack J. Levin~ Sound View Avenue~ Southold~ New York,
for a special exception in accordance with the Zoning 0rdinance~
$outho!d Town Bcard of Appeals -7- October 22, 19~9
Article III, Section 300, Subsection 11~ for permission to
erect and maintain directional advertising sign on the prop-
erty of Adam Pelo3_nka, southeast side Main Road, (Route 2~),
Arshamomaque, Greenoort, New York~ Fee paid $1~.00.
The Chairman opened the hearing by reading legal notice
of hearing with affidavit attesting to its publication in the
offical newspaper, and application for the special exception~
as well as letter of permission from the property owner.
CHAIRII~N: Is there anyone present who wishes to speak
for this application?
MR. JACK J. LEVIN, Sound View Avenue, Southold, New York:
I have nothing to add, other than we have no directional sign
and advertising sign for the '~reenporter". This is the best
place I can get near to the motel°
The Chairman stated that the maximum sign permitted is
12 ft. 6 in. by 6 ft. 6 in. and not to exceed gO sq. ft. in
area. The sign is to be 3 ft. above the ground level. The
Chairman read the requirements that should be met by appli-
cants seeking directional signs~ and the purpose of such a
sign must be directional in the public interest or convenience
as distinguished from signs advertising the sale of products
or merchandise. Signs advertising types of business which
provide food, shelter and amusement for the public are deemed
in the public interest and convenience.
MR. LEVIN: I propose to make the sign a rectangle, ~ ft.
by 12 ft.
MR. BERGEN: What about AAA - is that a service?
MR. LEVIN: People follow AAA, they look for it when
they are traveling. We have tb meet very rigid standards
to be recommended by AAA.
MR. ROSENBERG: If it is a directional sign, the theory
is people are looking for a place to stay and in consequence
a directional sign does not have advertising. -- What do
you think of the sign on Albertson Lane for size, do you
think it should be larger?
MR. LEVIN: I don't llke that sign.
MR. ROSENBERG: You are allowed a sign two and one-half
times that size.
Discussion was held relative to the placement and wording
of the Sound Shore Motel sign on the corner of Albertson Lane
and North Road.
$outhold Town Board of Appeals -8- October 22~ 19~9
ME. LEVIN: Any person that performs a service for the
community should be allowed to let the public know what they
have to offer.
CHAIRMAN: Every business performs a service to the
community or they would not be there.
MR. ROSENBERG: Other motels ask for a directional sign
and get it. You should get what everyone else gets~ and I
am sure you do not want anything others were denied. You
cannot have a directional sign that is an advertising sign.
MR. !.F~VIN: But I have cut the sign do%$~ to the bare
necessities. I feel that open all year, free T.V. and air
~onditioned are necessities. Others have on the Bay and so
ornn.
~. R0$ENBERG: We have denied every motel that wishes
toadvertise. You could have On Rt. 2~, or In Town or similar
wording.
(Considerable discussion followed relative to what would
be considered advertising and different wording allowed other
motels for directions to their establishments.)
CHAIRMAN: I have prolonged this discussion in order that
both points of view might be brought out. Some time in the
future consideration may be given to permitting a little more
on a motel sign than we have ~n the past. At the present time
we cannot permit Free T. V. or air conditioning, or Open All
Year.
ME. DOYEN: We do not have much choice in the matter.
There is no limit as to where to draw the line or what will
be im;ortant to the public. It might be well for us to
advise the Town Board that some consideration should be made
as to how many services should be allowed on a sign.
MR. LEVIN: All I want is AAA and those other minimum
services that I render°
CHAIRP~N: In view of the fact all the other signs that
have been permitted to motels are confined to strictly directions
to the motels, there is no reason your sign cannot be the same.
Resolution was offered by Mr. Gillispie, seconded by Mr.
Rosenberg, and carried, WHEREAS application of Jack J. Levin,
having been considered at Public Hearing No. 226 on October 22,
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 sub-
stantially or permanently injured and the spirit of the
$outhold Town Board of Appeals -9- October 22~ 19~9
Ordinance will be observed, therefore be Jt
RESOLVED that the application be granted %~ith the
condition that the information on the sign shall be limited
to covering directions to the "Greenporter Motel, 2 miles
ahead on the let~ AAA." Sign not to exceed ~0 sq. ft. in
are§~ maxSm~w~ length to be 12 ft. 6 in., maximum height to
be 6 ft. 6 in. and sign to be 3 ft. above ground level, and
no closer than ~ ft. to any property line. If the appli-
cant so choses, the words "In the center of To,ca", or word-
ing to that effect may be used on the sign.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Rosenberg, Mr. Grigonis, and }t~. Doyen.
CHAIRMAN: For the record I would like to say, I thine
some people in the room are favorable toward permitting
additional advertising on motel and restaurant directional.
signs.
PUBLIC HEARING: 8:30 P.M.~ Appe'~l No. 231- Upon appli-
cation of Sunrise Coach Lines, Inc., south side Front Street,
Greenport, New York~ for a special exception in accordance
with the Zoning Ordinance, Article IV, Section ~00~ Subsection
9~ for permission to use property on the north side School
Street Extension for storage of buses and service facilities
for same. Fee paid ~1~.00.
The Chairmaa~ opened the hearing by reading application
for a special exception, legal notice of hearing and affidavit
attesting to its publication in the official newspaper. Also
appearing in the file was a copy of the lease agreement between
Clifford Tyler~ residing at Cutchogue~ and Sunrise Coach Lines,
Inc., a domestic corporation having its office and principal
place of business at Greenport.
CHAI~,UIN: Is there anyone present who wishes to speak
for this application?
ROBERT KALIN, Greenport, New York: I speak on behalf
of Sunrise Coach Lines. As stated in the application we
have found a need and necessity for the continued good oper-
ation of the business to lease this piece of land and instal].
the storage tanks so that we might have our own storage.
CHAIR~N: How far back is it proposed to locate the 2000
$outhold Town Board of Appeals -10- October 22~ 19~9
gallon storage tank?
MR. KALIN: The furthest most northeasterly corner of the
property.
CHAIRMAN: Is there anyone else present who wishes to
speak for this application? Is there anyone present who
wishes to speak against this application? Are there any ques-
tions members c~the Board would like to ask?
MR. ROSENBERG: How many buses do you expect to leave there?
MR. KALIN: Six.
MR. ROSENBERG: How long will they be there?
MR. KALIN: During the 10 month school year~ and at the
end of the school year we bring them to Greenport.
CHAIR~N: How much space is required to store a bus?
MR. KALIN: 3~0 square feet per vehicle. We will be using
90 ft. to be comfortable. That will be 2/3 of the lot.
IAR. ROSENBERG: There will be no mechanical repair work
on your lot?
MR. KALIN: None at all. Cliff does the repairs. The
buses are through by 9:00 A.M. and are not used again until
2~00 P.M. We bring them to Greenport if there are any major
service repairs. We also charter for various school affairs.
i~. ROBERT BROWN, Greenport, ~ew York, President, Sunrise
Coach Lines, Inc.: Service is given to Mattituck and Cutchogue
by these buses.
MR. ROSENBERG: Those are your buses up there now?
MR. KALIN: Yes.
The Chairman read the regulations and conditions applying
to gas stations.
Resolution was offered by Mr. Gillispie~ seconded by Mr.
Bergen, and carried, ~;HEREAS application of Sunrise Coach Lines,
Inc.~ having been considered at Public Hearing No. 231 on October
22, 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~ therefore be it
Southold Town Board of Appeals -11- October 22, 19~9
~qESOLVED that the application be granted as applied for
specifically limiting the use of the leased property to the
storage of school buses and for the servicing of school buses
with fuel. This special exception is limited to the duration
of the lease..
The following conditions are also imposed:
No major repair work shal], be performed in the open.
P~mps, lubricating and other devices shall be located
at least fifteen (1%) feet from the line of any street
or highway, right of way or property line.
All fuel oil or similar substances shall be stored
at least fifteen (l~) feet distant from any street
or lot line.
Vote of the Board:- Ayes:- Mr. Gillispie~ Mm. Bergen,
Mr. Rosenberg, Mr. ~igonis, and Mr. Doyen.
The minutes of the meeting of October 15, 1999, on motion
of Mr. Bergen~ seconded by M~. Rosenberg, and carried~ were
approved as submitted.
Vote of the Board: Ayes:- Mr. Gillispie~ ~. Bergen,
Mr. Rosenberg~ Mr. Grigonis, and Mr. Doyen.
The Chairman reported on his meeting of October 17th at
the County Center, Riverhead relative to the forthcoming Zoning
Board Convention to be held December y~ 19~9, 10:30 A.M. at the
Patchogue Hotel~ Patchogue, New York. A letter was ordered
forwarded to the Town Board advising that all members of this
Board of Appeals and Mr. Terry and Yms. Boken have indicated
a desire to attend this convention and the individual regis-
tration fee is $7.~0. It was requested of the Town Board that
a check drawn to Mr. Joseph P. Plonski~ Chairman~ Zoning Board
Eonvention in the amount of ~2.~0 be forwarded to this Board
for transmittal to Mr. Plonski as promptly as possible.
The next meeting of the $outhold Town Board of Appeals
will be held Thursday, October 29, 19~9~ 7:30 P.M., at the
Town Clerk's Office, Main Road~ Southold~ New York.
~ Mee_t_ing adjourned at lO:l~ P.M.
APPROVED
~espectfully submitted,
Judith T. Boken, Secretary