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HomeMy WebLinkAboutZBA-08/27/1959 APPEAL BOARD MEMBERS Robert "X/. Gillisloie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis~ Jr. Serge Doyen~ Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 Southold Town Board of Appeals August 27, 19F9 A regLLlar meeting of the Southold Town Board of Appeals was held Thursday, August 27, 19~9, 7:30 P.M.s at the Town Clerk's Office, Main Road, Southold, New York. There were present: Messrs. RobertW. Gillispie, Jr.~ Chairman, Robert Bergen, and Herbert Rosenberg. Absent: Messrs. Charles Grigonis, Jr., and Serge Doyen, Jr. Also present: Mr. Howard M. Terry, Building Inspector. PUBLIC NE. ARING: 7:30 P.M.s Appeal No. 213 - Upon appli- cation of ~oseph Riccardi, Construction Corporation, of Artist Drives Middle Island, New York, for Thomas Szala, 10~ Newel Street, Brookly$, New York, for a variance due to lack of access in accordance with State of N?w York Tgwn Law, Section 280A. Location of property: east szde o~ przvate right-of- way. south oe Main Bayview Road Southold, New York~ bounded north by now or formerly o. S. Poters, east by Canal, south by n~w or formerly oe E. C. Axien, and west by private ~right- of-way. No eee necessary for access. Southold Town Board of Appeals -2- August 27, 19~9 The Chairman opened the hearing by reading notice of disapproval issued by the BuiN. ding Inspector. application for variance, l?gal 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. THOMAS SZALA, 10~ Newel Street, Brooklyn, New ~ork: I can show ln my deed where I have a clause for a right of- way, also a letter for the road to be ptt in shape. (Mr. Szala produced a deed to the parcel in which the following appears: "Together With a right-of,way over said ~0 ft. road for Egress and egress to and from described parcel; the southeasterly line which is described as follows--" (There also was a letter from Henry J. Smith to Thomas Szala~ signed and notarized March l~ 19~9 covering the premises in question and stating as ~ollows: "that 9n or before the 30th day of May 19~9 I will scrape the right-of- way which gives access to the property --- by operating a bulldozer Upon such rOad at least three times and putting a small crown thereon.") CHAIRMAN: Yonr remedy, Mr. Szala~ as far as enforcing it is concerned, is to see Mr. Smith. (Mr. Smala stated that at the present time one half the right-of-way is plowed and looks as though something isgoing to be planted.) CHAIRMAN: As far as our requirements are concerned for access to your property only l~ft. is required and that is m~ni~w~m under State of New York Law Eection 280A. Our main interest at present is that the road is passable. MR. ROSENBERG: I~measured t~ right-of-way today and $1 ft. is plowed, leaving 9 ft. It is passabl~only as far as Bergs~ past Bergs it is not. CHA~R~N: Is there anyone present who wishes to speak further eor this application? Is there anyone present who wishes to speak againstthis ,application? (No one wished to speak,) MR. SZALA: Nith Berg being in there~ can you make a recommendation-so I could continue on through there? MR. ROSENBERG: We could if the road were going on as SoutholdTown Board of Appeals -3- August 27, 1959 Bergs road. Mr. Berg was promised by Zebroski that his road would be ~0 ft. also. That is why the Building Inspector denied you until it is passable in there. It is up to youto enforce your agreement. You will have to arrange in some way to have 1~ ft. oe clear road beeo~ethis application can be granted. CHAIRN~dI: I~hink it would be best to continue this hear- ing until the right-of-way is clear and we will write a letter to Henry Smith. (A letter was forwarded,being hand carried by Mr. Szala, to Henry J. Smith explaining the purpose of Mr. Szala's appli- cation and advising the Board is aware of the deed restriction and agreement between Mr. Smith and Mr. Szala. It was stated that the application would not be granted until the right-of- way is in a passable condition.) Upon motion of Mr. Rosenberg, seconded by .Mr. Bergen~ and carried it was RESOLVED that hearing be continued until such time as the road is passable. Vote of the Board: Ayes:- Mr. Gillispie, ~. Bergen, Mr. Rosenberg. PUBLIC HEARING: 7:$0 P.M., Appeal No. 208 - Application of Helmut Hass~ for Southold Town Beach Motel, North Road~ Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section $08, for permission to erect and maintain a directional advertising sign on the property of Richard E. Schiefer, east side Bowery Lane and south side North Road, $ outhold, New York. Fee paid $15.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing and afeidavit attesting to its publication in the oe"icial newspaper. CHAIRMAN: Is there anyone present who wishes to speak eor this application? Is there anyone present who wishes to speak against this application? (No one wished to speak for or against the application.) CHAIRMAN: We will continue this hearing until Thursday, September 3, 19~9, 7:30 P.M.~ and write a letter to Mr. Hass stating the Board wiehs a representative of the Southold Town Beach Motel to be present at that hearing to discuss each of the sign locations chosen. Southold Town Beard of Appeals -4- August 27, 1959 On motion of Mr. Bergen, seconded by Mr. Rosenberg and carried, it was RESOLVED that this hearing be continued to 7:30 P.M., Thursday, September 3, 1959. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, ~nd Mr. Rosenberg. PUBLIC HEARING: 7:50 P.M., Appeal No. 209, Application of Helmut Hass, for Southold Town Beach Motel, North Road, Southold, New York, for a special exception in accordance with the Zoning 0rdin- ance, Article III, Sectio~ 300, SubseCtion.il, for permission to erect and maintain a dmrectional advertm~ing sign on the property o~ Ernest C. Tuthill, south side Middle Road, Mattituck, New York. ~ee paid $15.00. The.same legal procedure was followed in this appeal as the previous one, for the same reasons. PUBLIC HEARING: 8:00 P.M., Appeal No. 210 - Application of Helmut Hass, *or Southold Town Beach Motel, North Road, Southld, New York, ~or a special exception in accordance with the Zoning Ordinance, Article I~I~ Section 300, Subsection l~, *or permis- sion to erect snd maintain a directional advertismng sign on the propert~ o~ Mary Pylko, south side Sound Avenue, Mattituck, New York. Fee paid $15.00. The same legal procedure was followed in this appeal as the previous ones, for the same reasons. PUBLIC HEARING: 8:10 P,M., Appeal No. 211 - Application of Helmut Hass, ~or SouthOldTown'Beach Motel, North Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section $08, for permission to erect and maintain a directional advertising sign on the property o* the Shell Service Station, Ted Wells, Proprietor, north side Hamilton Avenue and west side Wickham Avenue, Mattituck, New York. ~ee paid $15.00. The.same legal procedure was followed in thisappeal as the prevmous ones, for the same reasons. Southold Town Board of Appeals '~- August 27, 19~9 PUBLIC HEARING: 8:20 P.M., Appeal No. 212 -Application of Helmut Hass, for Southold Town Beach Motel, North Road~ Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Secti?n 300, Subsection ll, for permission to erect and maintain a d~rectional advertising sign on the property oe Joseph Sawicki, south side North Road, Southold, New York. Fee paid $1~.00. The same legal procedure was ~ollowed in this appeal as the previous ones~ for the same reasons. The minutes of the meeting of August 20, 19~9, on motion o~ Mr. Rosenberg, seconded by Mr. Bergen, and carried, were approved as corrected. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: 8:30 P.M., Appeal No. 207 - Application of Carl D. Reiter, Main Road, Southold, New York, for a variance in accordance wi~h the Zoning Qrdinance, Article III, Section 300. for permission to reopen rot use as a hotel, the property known' as Lake Lodge, a USe which has been discontinued for more than two years. Location of property, north side Sound View Avenue, Southold, New York. ~ee paid $1~.00. The Chairman opened the hearing by reading application ~or variance~ legal notice of hearing and a?idavit attesting to its publication in the official newspaper. CHAI~N: Is there anyone present who wishes to speak for this application? MR. HOWARD M. TERRY, Building Inspector: Mrs. Reiter called today and stated that she could not make it tonight as she will be tied up and if there is any question would the Board continue the matter until after Labor Day~ when the Reiters can be present. CHAIRMAN: Now~ is there anyone present who wishes to speak for this application? MR. TOM WARD, Pinecrest Dunes, Soundview Avenue~ Southold, New York: I have the boys camp across the lake and also adjacent on the north side o~ Soundview Avenue and the west end of the lake. $outho!d Town Board of Appeals -6- August 27, 19~9 I believe it would be very advantageous to all of us in the area to have that building operated as a hotel because as it is now it constitutes a menace, morally and socially and is an eyesore and possibly a heavy fire. It has been used by vagrants, used by individuals parking there many hours different nights. It has been used by individuals who sleep off Saturday night intoxications. I believe if it were to be used as a hotel it would be good for the area. However, in order to use it as a hotel it would require not just several, but many thousands of dollars to put it in working condition, therefore it would be retttrned to the tax rolls and help all~ us. Ism the longest term i~ediate neighbor to Lake Lodge and since ! have seen it used and occupied by several differenttenants beginning all the way back to Carl Reiter~ it would be an advantage to us if it is occupied. I would like to say I have no monetary interest in it and believe for the comm~mi~y it would be very much better being occupied than it is in the present state. CHAIRMAN: Would the operation of Lake Lodge as a hotel be an asset to your operation? MR. WARD: Not in the least. C~IRMAN: Won't it help the parents visiting the children? MR. WARD: I have a guest house of my own to accomodate parents, however they normally live near by and can make the visit and return in one trip. I can care for them overnight. Visiting is also discouraged in our institution, rather than encouraged. CHAIRMAN: Is there anyone else present who ~ishes to speak for this application? Is there anyone present who would like to spe~k against this application? MR. FRANK Mc!NTOSH, Proprietor, Sea BreezeSnack Bar, 8outhold, New York: When I heard of this I thought I would come up hcre. I would like to make good and the way I underst~d this was actually a hot spot. I would say it breeds discontent and the people were awakened at all hours of the mOrnihg with intoxicated people and people slept there. CHAIRMAN: I believe if the Lake Lodge were left unoccupied it would be only used by vagrants, etc., as ~. Wa~d pointed out. MR. MclNTOSH: I do not think so, sir. I have a place of business down there and ! intend to put motels up If it can be granted me~ and I have a bee~ license and could get a liquor license in later years, and ~f itwere opened up it would be of no good to the area. I ~ink it would bring outsiders where this $outhold Town Board of Appeals -7- August 27, 19~9 town would not welcome them. It would bring other elements like shows or things like that for entertainment. CHAIRMAN: Ehows~ that would be Objectionable? 1,~. McLNTOSH: To my way of thinking, yes. CHAIp~V~N: Chiefly, this would offer severe competition to what you are doing? MR. McINTOSH: As far as lodging people, yes. I am speak- ing for people who could not be here. Certain hotels bring differnet clientel.~ It would hinder me by having a liquor and beer license and housing the public. CHAIRMAN: We understand that monetary consideration as far as being legal grounds for objection or for a variance we are not permitted to consider legally, in other words you can not claim that the financial aspect of anything are grounds for granting or denying a variance, in fact, the fact that you will be financially injured we can not be concerned with. Everyone has financial difficulties. We are not here to protect you from competition or any other business. Is there anyone else present who woud.d like to speak against this application? MR. ALFEED F. W~.IMAN~ Soundview Avenue, Southold: I am neighter for nor against this application. When we read about it everyone discussed it and decided if ~t were put through in the correct manner it would be fine and an asset. We would like to say if they do get a liquor license we would like to see the business conducted properly. That is the only thing that is bothering us. I hope I am not out of order.by speaking of this. CHAIRMAN: I thiD~k the remarks are perfectly in order. I believe, if t am correct, that Lake Lodge had a liq~r license before and if they had a Favorable record, it is looked upon with favor when someone else applies for a liquor license on that same place of business. MR. WTE~.MAN: The only other thing that we are worried about is that the person who takes over might have a labor camp again. MR. WARD: When the labor camp was organized to the west of my camp I was greatly concerned because Isaw danger to the children in my care, but I was greatly pleased with the behavior. There was little cause to call our police department and when it was necessary they were there in a short time. The last time we had an incident was two years ago. CHAIRMAN: What labor camp is that? Southold Town Board of Appeals -8- August 27, ~9~9 WARD: The one on Soundview Avenue. MR. TERRY: L. I. P., about 1000 ft. from Mr. ~ard~s place. MRS. HENRY LYTLE, Soundview Avenue, Southold, New York: Our property is directly opposite the road to the labor camp on Soundview Avenue. (Mrs. Lytle went on to describe the hazards of having a labor camp near a residential area and described several incidents that hadoccurred in the past when the l~lice department had to be sEmmoned.) MR. McINTOSH: Under the circumstanceE that is all resid- ential area. The people are happy there. This will bring nothing but intoxicated people in there. MRS. LYTLE: When we were here and CarlReiter ran it, it was very nice but I do not recall it being run as a hote. When Murphy ran it I do not believe it was run as a hotel either. If something is non-conforming can it go back as it was? CHAIRMAN: If it had been continued less than two years ago there would be no question. CAROL REITER, Southold, New York: When Murphy had it, it was run as a hotel. He rented rooms. I would not say he had a lot of roomers, however. Two floors were rented. The people who are interested in buying the Lake Lodge have had a business in New York City. They have run a bar and grill very successfully for many years. They each have operated a restaurant and bar together and separately ad one time. CHJ~IRMAN: Your father has a prospective purchaser and the sale will depend on whether or not the place can be used as a hotel. CAROL REITE~{: That is right. MR. WARD: I feel particula~ indebted to Mr. and Mrs. Reiter because I believe that they have refused to sell the property to people who have wished to use it as a residence because they were afraid of the type of people who would live in it. They felt it would be a detriment to have a colony living there. They have borne in mind the welfare of all of us. CHAIRMAN: Miss Reiter, how soon would the decision on this be required? MISS REITER: The man is waiting for the decision before buying. Southold Town Board of Appeals '9- August 27, 1959 CH~IRM~: When can your parents come in here? MISS REITER: Soon after Labor Day. CHAI~L~2~: Is there anyone else present who wishes to speak for or against this application? Is there anyone present who wishes to ask any questions? (No one wished to speak.) On motion of Mr. Rosenberg, seconded by Mr. Bergen and carried, it was RESOLVED that this hearing be continued until September 10, 19~9 so that Mr. and Mrs. Reiter may come in. The matter of hearing the request for additional rental cabins on the property will have to be done separately, as far as this application would be concerned. Vote of the Board: Ayes:- Mr. Giltispie, Mr. Bergen, and Mr. Rosenberg. Mr. Stanley Sepko came before theBoard of Appeals for an informal discussion. Mr. Sepko presently has a carpenter shop in his mother's barn at Mattituck. He wishes to build a new home for himself and at the same time build a garage in the rear of his yard to accomodate this carpenter shop. Mr. Sepko had been advised by the Building Inspector that this would not be possible since the carpenter shop is presently non-conform- ing business andit could' not be moved to a residential area. The Board of Appeals concurred with the Building Inspector and advised Mr. Sepko likewise. By resolution offered by Mr. Rosenberg, seconded by Bergen and carried, 7:30 P.M., (E~D.S.T.), Thursday, Sea, ember 10, 19~9, Town C$erk's Office, Main Road, Southold, New zorK was set for hearzug upon application of Walter Ebbit, Bayview Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, ArticleI!I, Section 300, and Article X, Section IO00A, for permission to reduce frontage and sell as a single lot, property located on the west side of Youngs Avenue, Southold, New York, bounded north by Bowers and others, east by Youngs Avenue, south by ~ther lands of the applicant and west by Cassidy and ethers. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, md Mr. Rosenberg. Southold Town Board of Appeals -10- August 27, 19~9 It was further RESOLVED that legal notice of hearing be published in the official newspaper on date of September ~ 19 9. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Meeting adjourned at ll:00 P.M. ReSpectfully submitted, ~ ~ ~ J~udith T. Boken, Secretary