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HomeMy WebLinkAboutZBA-09/10/1959 APPEAL BOARD MEMBERS Robert T,/. Gillispie, Jrt, Chairmen Robert BerBen Herbert Rosenber9 Cherles Gregonis~ .Jr. Serge Doyen, Jr. Southold Town Board o£rAppeals SOUTHOLD, L. I., N, Y, Tele~one SO 5-~6~0 MINUTES Southold Town Board of Appeals September 10, 19%9 A regular meeting of the Southold Town Board of Appeals was held Thursday, September 10, 19%9, 7:30 P.M., at the Town Clerk's Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Chairman, Robert Bergen, Herbert Rosenberg~ Grigonis, Jr. Gillispie, Jr., and Charles Absent: Messrs. Serge Doyen, Jr., and Howard M. Terry, Building Inspector. PUBLIC HEARING: 7:30 P.M.s Appeal No. 215 '-LUpon appli- cation of Walter Ebbitt, Bayview Road, Southold, New Yorks for a variance in accordance with the Zoning Ordinances Article Ill, Section 300, and Article X, Section lO00A~ for permission to reduce frontage and sell as a single lot, prOperty located on the west side of Youngs Avenue, Southold, New York, bouuded north by Nowers~ east by Youngs Avenue, south by other lands of the applicant and west by Cassidy and others. Fee paid $l .OO. The Chairman opened the hearing by reading letter to the Southo~d Town Board of Appeals -2- September 10, 19~9 Building Inspector from Mr. Ebbitt, notice of disapproval issued by the Building Inspector, legal notice of hearing and affidavit attesting to its ~ublication in the official newspaper. CHAIRMAN: Is there anyone present who wishes to speak for this application? ~. I~ALTEREBBITT, Bayview Road, Southo]d, have a purchaser in mind for the proposed lot. have a survey of the exact location and size. New York: I believe you CHAIRMAN: You knew when you bought the property of the zoning regulations? MR. EBBITT: Wh~.I.b°ught it I had a brother'interested in buying the lot. CHAIRMAN: You will use the othe~ part of it? ~R. EBBITT: I am using it now. I have.spent a great deal of money already. ~. CHAIRMAN: Are there any questions members of the Board would like to askMr. Ebbitt? Is there anyone else present who wishes to speak for this application? Is there anyone present who would like to speak against this ,application? (No one wished to speak.) Resolution was offered by Mr. Gillispie, seconded by Mr. Grigonis and carried~ WHEREAS application of Walter Ebbitt having be~n considered at Public Hearing No. 215 on September 10, 19~9, and the Board finding that strict application of the Ordinance would produce ~nduehardshlp because property is considerably larger than the surrounding lots, someof which are only $0 or ~0 ft. and the applicant would be unable to use the lots without the requested variance. The situation is unique and would not be shared by all properties alike in the immediate vicinity because parcel is considerably larger than surrotuudSg lots. The public convenience and welfare and justice will be substantially served and the legally established or permitted use of neighborhoo~ property and adjacent use districts would not be substantially or permanently injured and the spirit of the Ordinance would be observed~ because the property in ques- tion would have approximately 7~ ft. on Youngs Avenue with a depth of 200 ft. and a right-of-way in the rear lesding in from Mechanic Street, therefore be it RESOLVED, that the application be granted as applied for. ~ote of the Board: Ayes:- Mr. Gi~lispie, Mr. Bergen, Mr. R~senberg, and Mr. Grigonis. Southotd Town Board of Appeals -S~ September 10, 19~9 The minutes of the meeting of August 2?, 19~9, on motion of Mr. Rosenberg, seconded by Mr. Bergen and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gi]lispie, Mr.~Bergen, Mr. Rosenberg, and Mr. Grigonis. The Board briefly discussed the proposed excavation and removal of top soil ordinance and the pros and cons of fencing irrigation ponds. PUBLIC HEARING: 8:00 P~.M., Appeal No. 207, Continued from Thursday~ August 27, 19~9 - Upon application of Carl D. Reiter, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section SOO, for permission to reopen for use as a hotel, the property known as Lake Lodge, a use which has been discontinued for more than two years. Lo- cation of property~ north side Sound View Avenue, Southold, New York. Fee paid $15.00. The Chairman opened the hearing by reading letter from the applicant to the Building Inspector, notice of disapprov8/ issued by the Building Inspegtor, legal notice of hearing and affidavit attesting to its publ~cation in the official newspaper. The Chairman also read the portion of the minutes of the meeting of August 27, 19~9 pertaining to the Reiter hearing, to bring the matter up to the present time. CHAIRMAN: Is there anyone present who would like to speak for this application? MR. FRANK MclNTOSH, K~nnys Road, North Sea Drive, Southold, New York: In my humble opinion I came in tonight to tell you that I have given more thought and consideration to the matter and I think~ in my humble opinion, that it would be my suggestion that the Board grant this application. Since the place is run-down now and as Mr. Ward said, ~would be better to have it occupied and operated than in the. condition it is In now, CHAIRMAN: Then you~av~ ~changed your o~inion? MR. McINTOSH: Yes, I have changed my'OPinion~and reversed my opinion. CHAIRMAN: You found it would be an asset? MR. MclNTOSH: Indeed. CHAIP~N: Is there anyone else present who wishes to speak for this application? Southold Town Board of Appeals _~, september 10, 19~9 MRS. HELEN REITER, Main Road~ Southold, New York: I would like to Say that the Lake Lodge has been licensed as a hotel and restaurant, and it has been insurer as. a hote~ .an~ re~g~rm~vvt. ActUally it has not been used very mucn as a no,el, wa y husband used it years ago, we had ten in help living there. CHAIRMAN: Those people stayed there in the Lake Lodge. MRS. REITER: Yes. I would also like to state that con- trary to what Mr. McIntosh said last week about the type of clientele they would get, when we had Lake Lodge we catered to what we thought the elite families of Long Island. Your business encourages its clientele or discourages it. Even at the Barge we have had people who live in the vicinity of Lake Lodge tell us how much they miss it. CHAIRMAN: I ~ink the most unfavorable criticism has been its use as a labor camp. How didMurphy use it? MRS. REITER: As a hotel and'r~staUrant- CHAIRMAN: Did he lease frbm 'yo~? MRS. REITER: Yes. -- During the war we had it rented out to the Farm Bureau, that is the only time,it was used as a labor camp. -- As Mr. Ward said, we have had offers to sell it before, the money was there, but we knew someone would come along to buy it who would dse it properly. CHAIRMAN: Do you know the people? MRS. REITER: 0nly from meeting them to discuss the business proposition. They are both restauranteurs. At the present time there is nothing definite. Everything is pending the outcome of this variance. ~he prospective purchasers come from a long line of restauranteurs, they are two brothers and have been summer residents in this area for years, but heard it was almost impossible to take the Lake Lodge out of the zoning restrictions. CHAIRMAN: Is there anything else you care to add? - Is there anyone on the Board who would like to question Mfrs. Reiter? Is there anyone else present who wou/d like to speak for this application? Is there anyone else present who would like to speak against this application? (No one wished to s~eak.) CHAIRMAN: Are there any questions anyone would like.to ask~ anyone in the room would like to ask in~rmection with th~s appli- cation? Southold Town Board of Appeals '5' September 10, 1959 MRS. JOHN W. WALLACE~ Soundview Avenue, Southold, New York: In selling this property to folks who ~ish to operate it as a restaurant, is there any reason to believe they wou~d operate it on the same standards as you folks operated it? CHAIR¥&N: Mrs. Reiter would have to answer that. Our responsibility is to deBermine the facts of how it has Men operated in the past. It seems encouragingabout what Mrs. Reiter says in regard to the people who plan to operate it. I ttuderstand they are summer residents and operate a restaurant establishment in the metropolitan area together and separately. MRS. WALI~CE: The problem is the closeness of the present labor camp to the Lake Lodge, how can'you refuse to serve these people if they chose to come in there? There is already a problem on the roads on weekends and. holidays.~ CHAIRMAN: I operated a labor camp for 15 years where there were up to 30 people through the summer and we never had that problem with any of those people, we had problems cause d by. liquor bought at the liquor stores but generally speaking they tended to go to places ~here they are among their own.p~ople. MRS. W~LLACE: This is a problem we have not met, the labor camp has operated without Lake Lodger and Lake Lodge has operated witho~t the labor camp. MRS. REITER: Even to open the doors of Lake Lodge it would cost $15,O00 without rent and costs of the building. The labor camp people Just would not go to the Lake Lodge because they do ~ot have enough money or wish to Just buy one drink. You do not see the labor camp people at Mitche~l~sor Porky's or eve~ the Barge. There is a way of keeping them out. With the kmnd of investment that would be made the appearance wotd.d be enough to keep them out. It wo~ld probably keep them clear of the whole neighborhood. MR. GRIGONIS: I do not think Soundview has ever had any trouble and a labor camp is Just up the road from the Soundview. ~S. WALACE: Isn't this the same trouble they had at the Worthwhile? MR. R08ENB~'RG: No, not the same thing.~ that was a 9hange of zone. -- In back of the S0uthold rail~bad static~, r~ht near the Sou~hold business disthict and residenceS, there is a labor camp and the police have not been called there, nor has any of Southold village had tro~.ble with them. Mr. McIntosh probably has never had trouble. As Mrs. Reiter said, it depends on the type of trade you cater to. Southold Town Board of AppeaN.s -6~ September 10, 19~9 MR. Mc!NTOSH: You would lose your liquor license and that is more sacred ~o you than anything else. CHAIRMAN: The holder of a liquor license has a great responsibility. -- Ar there anyother questions anyone would like to ask? Is there anything else anyone would like to say about this?~ If there is nothing further I will offer the following mesolution: Resolution was offered by Mr. Gillispie~ seconded by Mr. Rosenberg and c~r~ied~ WHEREAS~ appli?ation of Carl D. Reiter~ having been consiGered at Public Hearing No. 207 on AuguSt 27~ 1959 and continued to september 10, 1959, and the Board finding that Strict application of the Ordinance would produce undue hardship because applicants would be unable to continue the use of the building and property as a hotel and restaurant if not granted thisvariauce. The situation is unique and would not be shared by alt properties alike in the immediate vicinity because this is the only large building that has had a similar use in the area and had been used as a hotel and restaurant for many yearx. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood proPerty and adjacent use districts would not be substantially or perm- anently injured and the spirit of the Ordinance would be observed because the building will be continued to be used as ithad been for many years and there has not been substantial building of new homes in the area, therefore be it RF~OL~ that the application be granted~ excepting as it concerns rental cabins or the use of the property as a labor camp~ specifically permitting the use of the property as a restaurant and hotel~ but without prejudice to future appli- cations requesting permission for use of the property for rental cabins. Vote of the Board: Ayes:- Mr. Gillispies ~. Bergen~ Mr. Rosenberg, and Mr. Grlgonis. The minutes of the meeting of September 3, 19~9~ on motion of Mr. Grigonis~ seconded by Mr.Rosenberg and carried~ were approved as submitted. Vote of the Board: Ayes:- Mr. Gi]_lispie~ Mr. Bergen~ Mr. Rosenberg, and Mr. Grigonis. By resolution offere~ by Mr. Bergen, seconded by Mr. Grigonis and carried~ 7:~ P.M.~ (E.D.S.T.)~ Thursday~ September 2~ 1959 Southold Town Board of Appeals -7~ September 10, ~9~9 Town Clerk's Office, Main Road, Southold, New York was set as time and place for hearing upon application of Lewis N. Griffin, Bay Avenue, Mattituck, New York~ for a special exception in accordance with the Zoning Ordinance, Article IV~ Section ~00~ Subsection 9, for permission to use and maintain premises as a gasoline service station in conjunction with the public garage. Location of property: Mattituck, New York, bounded north by Sound Avenue~ east by Pacific Street, south by now or formerly of Clara Benjamin, and west by now or formerly of S. B. Hamilton. Vote of the Board: Ayes:- Mr. Gillispie, ~. Bergen~ Mr. Rosenberg, and Mr. Grigonis. .On motion of ~. Gillispie: seconded by Mr. Grigonis and carried, Thursday, September 24, 19~9, 8:00 P.M., Town Clerk's Office~ Main Road, Southold: New York, was set for hearing upon application of F. J. Rossi, proprietor of Duck Poiut Motel, Depot Lane, Cutchogue, New York~ for a special exception in accordance with the Zoning Ordinance, Article III, Section 300~ ~bsection ll, for permission to erect and maintain a directional advertising sign on the property of Mrs. Hull ~. Chew, southeast side Main Road, Laurel, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr.~ Bergen~ Mr. Rosenberg~ and Mr. Grigonis. It was further RESOLVED~that legal notice of hearing be published iu the official newspaper ondate of September ~8~ 19~9. Vote of the Board: Ayes:- Rosenberg, and Mr. Grigonis. Mr. Gil!iSPie~ Mr' Bergen, Mr. The Board of Appeals briefly discussed their budget and ordered it held over to the next meeting. The next meeting of the Southold ToWn Board of Appeals will be held Thursday, September 17, 19~9, 7:30 P.M., at the ToWn Clerk's Office, Main Road, Southold, New York. The matter of the application of Thomas Szala (Appeal No. 213) f~ recognition of access was brought up and discussed. The road has not been made passable, therefore the matter was held over to the next meeting on September 17th. The Board of Appeals received a letter from John C. Tuthill dated August 21, 19~9 giving permission to F. J. Rossi for the erection of a sign on his property near the.corner of Route 27A SoutholdTownBoard of Appeals -8' September 10, 1999 and Elijah Lane advertising and directing to the Duck Point M~tel. Mr. ROsSi was granted a special exception on May 19~9 for a sign to be placed at the intersection of Route 27A and Dep6t Lane but found it necessary to move same by request of the property owner and this new location was chosen. The letter from Mr. Tuthill was ordered filed in the Appeal No. 171 folder. The Chairman stated that he received a telephone call at his home from Mr. Thomas LaColla~ Southold~ New York, requesting · n permisslo to insert the word ,,LaColla" on his roof sign in lieu of the word "Tavern" which the Board of Appeals stipulated must be removed in order~that Mr. LaColla might retain his Pizza sign - Appeal No. 203 granted August 6~ 19~9. After considerable discussion it was the unanimous opinion of ~e Board that the following letter be forwarded to Mr. LaColla: "The Board has carefully considered your verbal request to substitute the word ,,LaColla"for the word ,,Tavern" on the ridge sign on your building. It is the unanimous opinion of the Board that such a substitution would violate the action of the Board of Appeals on Appeal No. 203 dated JUlY 23, 19~9 wherein we advised you ,,Elimination of the ,,Tavern" part of the ridge sign shall be affected within 30 days from this date." Accordingly you are again requested to eliminate the ,,Tavern" part of the sign as originally requested in Action just referred to. "We wo~Lld like to recall to your attention the fact that a neou sign was erected on the roof of the Tavern with- out a special exception as required under the Zoning Ordin- ance and that this Pizza sign became the third sign on the building. The Ordinance permits only one (1) sign on a building such as yours." Meeting adjourned at 10:OO P.M. RespectftLlly submitted  Judith T. Boken, Secretary