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HomeMy WebLinkAboutZBA-08/13/1959Southold Town Board of Appeals SOUTHDLD, L. I., N. Y. Telephone SO 5-~6~0 APPEAL BOARD MEMBERS Robert W. Gillispi¢, Jr., Chairman Robe, t Bergen Herbert Rosenberg Charles Gr¢.~lonis, Jr. Serge Doyen, .Jr. MINUTES Southold Town Board of Appeals August 13, 19~9 A regular meeting of the Southold Town Board of Appeals was held Thursday~ August 13~ 19~9, 7:30 P.M.~ at the Town Clerk's 0ff~ e, Ma~n Road, Southold~ New York. There were present: Messrs. RobertW. Gillispie~ Jr., Robert Bergen, Herbert Rosenberg, and Charles Grigonis~ Jr. Absent: Mr. Serge Doyen, Jr. Also Present: Mr. Howard M. Terry~ Build ng Inspector. PUBLIC HEARING: 7:30 P.M.s Appeal No. 1~2 - Application of John F. Haley, for North Fork Housing Guild, Peconic Bay Boulevard, Mattituck, New Yo=k~ for a ~ecial exception in accordance with the Zoning Ordinance, Article III, Section 300~ Subsection ll~ for permission to locate more than one real estate advertising sign on property of George L. Penny~ north side Main Roa~ ~Mattituck, New York, bounded north by Railroad~ east by J. Wilson~ south by Main Road, and west by J. F. Young Estate. Fee paid $1g. O0. The Chairmau opened the hearing by reading ap plication~ legal notice of hearing and affidavit attesting to its pub- l~cation in the official newspaper. Southold Town B~rd of Appeals -2- August 13, 1959 CHAIRMAN: Is there anyone present who wisheE to speak for this ~pplication? MR. JOHN ~. HALEY, Peconic Bay Boulevard, Mattituck, New York: I took this drawing (indicating), the one that I spOke to you about the last time I was in here two weeks ago~ to Mr. Walter Luce and he concurs with you in the sign not containing too much wording. The smaller sign on the building was granted by you the other time to try out but it is not satisfactory. The sign cannot be seen when approaching the building. The new sign can be seen one half mile down the road. If I get this sign I will then take the small one off the building. The letter will also be brighter, it will be black on white and will be a very distinctive sign. MR. ROSENBERG: The sign will be an 8 by $ sign? 8 ft. by ft.? MR. HALEY: Yes, 8 by $, and will stand at least 80 Go 100 ft. from the westerly end of the building. CHAIRMAN: Is there anyone else present who wishes to speak for this application? Is there anyone p~esent who wishes to speak against this application? Are there any further questions members of the Board would l~, to ask? (No one wished to speak.) Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg and carried, ~ application of John 2. Haley, having been considered at Public Hearing No. 152 on.August 13, 1959~ 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 substant- ially or permanently in~ured and the spirit of the Ordinance will be observed, therefore be it RESOLVED that the application be granted and the 2 ft. by 3 ft. sign mounted on the ~ont of the model shell be removed and a ~ ft. by 8 ft. ground sign be erected on the west side of the property not less than five feet from any property line. Vote ~ the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Southold Town Board of Appeals -~- August 13, 1959 PUBLIC ME, ARING: 7:~0 P.M., Appeal No. 20~ - Application of William T. King, Bay View Avenue, (Arshamomaque), Greenport, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section ~03~ and Article X, Section lO00A, for permission to reducefrontage and use as a single lot, property located at the end of Bay View Aveuue~ Greenport, and bounded north by J. T. 0blom, east by C. Cass~dy, south by other lands of the applicant, and west by Private r ight-of-way. Fee paid $15.0o. 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 publica- tion in the official newspaper. CHAIRM~N: Is there anyone present who wishes to speak for this application? MR. WILLIAM T. KING, Bay View Avenue (Arshamomaque), Greenport, New York: I am William T. King. You may recall I have been in here before to get approval of 50 ft. and 70 ft. lots which I now know was unreasonable. I now request your consideration to approve the lot marked No. I on this map (a similar map appeared in the file)~ which is 80 ft. Seven of my neighbors in the area are on 50 ft. lots and most of the neighbors are of a nice type but a few do not lend themselves to the area. That is the reason I wish to get the 80 ft. here. I intend to build a two bedroom house for $7,000 or $8~000 for occupancy myself and I believe it will stand out in the neighborhood. The topography of the land is unusual. It is high and graduates down to a meadow. CHAIRMAN: These are all your lots, Mr. King? MR. KING: Yes. (Mr. Howard Terry, Building Inspector, stepped forward and explained further points about the property on the map. He stated there isn't too much available upland on any of the lots appearing on the map because of the flooding that comes in and it would mean that they would have to be substantially filled, but there is enough available land in the lot requested.) The Board discussed with Mr. King the arrangement of the proposed lots on the property, filling the lots and what would have to be done before building on them. MR. ROSENBERG: Isn't it possible, as we spoke before~ to enlarge that road so that it meets the regular road, which would make it the same~ and not have a jog. Southold Town Board o£ Appeals -~o- August 13, 19~9 MR. KING: Yes, that is a good idea, and that is what I will do. CHAIRMAN: Are there any other questions? Is there anyone else present who wishes to speak for this application? Is there anyone present who wishes to spe~, against this application? RESOLution was o*fered by Mr. Rosenberg, seconded by Mr. Grigonis, and carried, WHEREAS, application of William T. King having been considered at Public Hearing No. 205 on August 13~ 19%9~ and the Board finding that the strict app$icstion of th~ Ordinance would produce undue hardship because the southerly edge of the property is low meadow land which is subject to tidal flooding. To make the required 100 ft. width in the proposed lot it would take so much of the higher upland that it would spoil the adjoining lots for building purposes. The situation is unique and would not be shared by all properties alike in the immediate vicinity because this is the last available property south of the S~mmerhaven Subdivision. The public convenience and welfare and justice will be served and the legally estab- lished or permitted use of neighborhood property and adjacent use districts will not be permanently injured a~d the spirit of the Ordinance would be observed because this is a residential area built up on gO ft. lots, therefore be it RESOLVED that the application be granted as applied subject to ~. King's widening the right-of-way to 18 ft. on the easterly side of the property in line with the present line of the Town road. Vote of the Board: Ayes:- Mr. Gil~ispie, Mr. Bergen, Mr. Rosenberg, and ~. Grigonis. PUBLIC HEARING: 7:~0 P.M.~ Appeal No. 206 - Application of Jack Levin, Manager, Sound Shore Motel, North Road, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection ll, for permission to erect and maintain a directional advertising sign on the west side of intersection of Albertson Lane and North Rca% Greenport~ New York. Fee paid $1~.00. The Chairman opened the hearing by reading application for a special exception, letter of permission from the property owner, legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAIEqAN: Is there anyone present who wishes to speak for Southold Town Board of Appeals -~- August 13, 19%9 this application? MR. HOWARD M. TERRY; Building Inspector~ stepped forward and explained the proposed location of the sign, which will be the southwest corner of Albertson Lane and North Road~ Greenport, New York. CHAIRMAN: Is there anyone present who wishes to speak for this application? Are there any further questions? Is there anyone present who wishes to speak against this applicatioh? ~RS. FLORENCE JURZENIA~ Silvermere Road, Greenport, New York: 0ur~sign is on the opposite corner~ will this sign block the view of the billboard? The billboard which says, "Silver Sands Motel~ Turn Right?"~ Couldntt you put a clause in the ruling stating that permission is sub, ct to the sign not blocking the billboard? MR. ROSENBERG: If this sign is granted it is conceivable that from a distance it might block the bottom~ but not the wording on top. It might be possible for you to move the word- ing "Turn R~ht" to the top of the sign. MRS. JURZENIA: I think that since our sign is the first it should not be allowed to block our entire sign. I think if it were in the reverse it would be unfair. We are thinking of September and 0ctober~ for long range it probably won't matter Since that billboard will be taken out by the County before very long. (The Board discussed with Mrs. Jurzenia the possibility of her motel remaining open this winter.) MRSL JU~IA: I think there should be just one sign as on the thruways~ will all motels on the one sign at an inter- section. I think something should be done about signs. It is getting very serious. When we had to put up a sign we had to put up a marker and go through ~l the steps. I don't see why this man can't do the same. I have a letter here from Mr. King stating that Jack does not have permission to put a sign on the corner of Chapel Lane. CHA/RMAN: We will hold this letter to be read at the next hearing at 8:00 which is the hearing it refers to. The Chairman stated that since Mr. Levin had not ~eared at the hearing up to this poin. t, the appeal would be held until such time as he did appear. Southold Town Board of Appeals -6- August 13, 1959 PUBLIC HEARING: 8:00 P.M., Appeal No. 205, Application of Jack J. Levin, Manager, Sound Shore Motel, North Road, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Sub- section ll, for permission to erect and maintain a direct- ional advertising sign on the east side of Chapel Lane, near the North Roa~ Greenport, New York. Fee paid $15.00. The Chairman opened the hearing by reading legal notice of hearing and affidavit attesting to its publication in the official newspaper. CHAIBMAN: Is there anyone present who wishes to speak for ~his application? Are there any questions anyone would like to ask? MRS. FLORENCE JURZENIA, Silvermere Road, Greenport, New York: How~about the other sign that is there? CHAIRMAN: The application says "I wish to replace my small and inadequate directional sign." MRS. JURZENIA: It was in the roa~ property. He did not actually~have one on Mr. King,s property. CHAIRMAN: In other words this was never a legal location. MBS. JUBZ~.NIA: I was at a meeting at one time when it was said anyone is allowed to take down signs in the road. I think everyone should be trsated alike~ however, any time you see some- one doing something wrong, but successfully, you copy them, and if this is successful I will have a few signs put up. The Chairman read the letter, presented by Mrs. Jurzenia, from Mr. Edwin H. King which is as follows:" Due to prior commitment to you in placing your Motel sign on the north west corner of the Old Golf Course for one year~ from May 1st 1959 to APril 30th 1960, it will be impossible for me to grant any other person a privilege of placing a Motel sign in this particular area. I have informed Jack Levin of our agreement and have asked him to remove his sign." MR. TERRY: I think the signpainter put the sign up rather ~han Jack. MBS. JUBZENIA: I think something should be done to work this sign problem out. CHAIRMAN: It would seem to me that Mr. Levin should be called tonight and advised that as far as the Board is concerned Southold Town Board of Appeals -7- August 13, 19%9 this is a violation of the sign section of the Zoning Ordinance and we would not give favorable consideration to either one of his signs unless the sign is covered or removed by 12:00 Noon tomorrow. (August 15, 1959.) (Mr. Rosenberg made the 'necessary call and was advised by Mr./Levin that the sign would be removed the next day.) Irving Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, and carried, recessing Appeals No. 205 and 206 to August 20, 19%9. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg, and Mr. Grigonis. Mr. and Mrs. Felice J. Rossi, owners of the Duck Point Motel, Cutchogue~ New York, appeared before the Board for an informal discussion relative to moving one of their ex~ting signs to another location on Route 27A. There was a brief discussion relative to the location of other Duck Point Motel signs. Mr. Rossi was advised by the Board to secure the necessary permissio~ from property owners on whose property he intends erecting signs and come in again when that has been taken care of. The minutes of the meeting of July 30, 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, Rosenberg, and Mr. Grigonis. The minutes of the meeting of August 6, 19ff9~ on motion of Mr. Bergen, seconded by Mr. Rosenberg, and carried, w ere approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, ~M. Bergen, Mr. Rosenberg, and Mr. Grigonis. A letter was received erom Mr. Frank B. Rogers~ Jr.~ Cap- tain~ United ~ire Co. No. l~ Cutchogue Fire Department~ requesting ~outhold Town Board of Appeal~ -8- August 13, 19~9 permission to distribute and erect temporary advertising posters in the Cutchogue Fire District and surrounding areas during the week of August 17~through August 2~, 19~9, and removal of same by the week of August 2~ through 2~th~ in connection with the annual Chicken B.B.Q. to be held Saturday, August 22~ 19~9. The following resolution was offered by Mr. Bergen, second- ed by Mr. Grigonis and carried: "Permission is granted to the Cutchogue Fire Department to distribute and erect temporary advertising posters on the Main Roads and stores in the Cutchogue ~'ire District on the 17th of August through the 21st of August, 1959, a period of five (~) days. In the letter request- ing permission~ from Mr. Frank B. Rogers, Jr., Captain United Fire co. No. l~ Cutchogue Fire Department, it was agreed lhat the posters would be taken down betweea the 2~th and 28th of August, 19~9. It is believed that this is in the public interest. "It is specifically forbidden to place these posters on utilitypoles or on private propert~-~thout permission." Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. The Board received the deed of the transfer of property from Peter Frumenti to Pauline ~umenti. Deed was recorded August ~, ll:09 A.M.~ 19~9~ Ale~ Jaeger~ Clerk of ~?~.folk County. Appeal No. 199 dated June 29~ 19~9 was continued until such time as Mr. Frumenti transferred the property under appeal out of his name. Public Hearing was held July 23, 19Y9. Resolution was offered by Mr. Rosenberg, seconded by ~. Grigonis and carried, ¥~EREAS application of Peter Fr~menti having been considered at Public Hearing No. 199 on. July 23, 19~9~ and continued to this date, August 13, 1959, and ~e Board finding that strict application of the Ordinance would produce undue hardship because when the property was bought in 19~6 it was intended to build on both sections of lot~ how- ever the Ordinance makes that impossible. There are other lots of less than 100 ft. in the area. The situation is unique and would not be shared by all properties alike in ~e immediate vicinity because most of the remaining lots in the area have been sold and the lots are laid out to conform to the terrain, which is somewhat rolling. The public convenience and welfare and Justice will be served andthe legally established or permitted use of neighborhood property and adjacent use districts will not be substantially or permanently injured and the s~rit of the Ordinance would be observed because this is mostly a s~mmer sec- tion with most lots sold prior to the adoption of the Ordinance and are on less than 100 ft. frontaSe~ therefore be it Southold Town Board of Appeals -9' August 13, 1959 RESOLVED, that the application upon Appeal No. 199 dated June 29~ 1959 be granted on property described in the deed transfering the property from Peter Frumenti to Pauline Frumenti~ recorded August 5, 1959~ ll:09 A.M.~Alex Jaeger, Clerk ef Suffolk County. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Bergen~ seconded by Mr. Rosenberg, and carried, it was RESOLVED that time and place be set for hearing upon application of Joseph Riccardi Construction Corporation, of Artist Drive, Middle Island, L.I., New York, for Thomas Szala~ 105 Newel Street, Brooklyn, New York~for a variance due to lack of access in accordance with State o£New~York Town Law~ Section 280A. Location of Property: east Side of private right-of way, south o~ Main Bay-view Road, Southold~ New. York, bounded north by now or formerly of S. Poters', eastby canal~ south_by_now or formerly of E. C. Axien, and we:st by Private right Of way. Time and place being set for 7~30 P.M. (E.D.$.T .)~ Thursday, August 27~ 1959~ Town Clerk's 0ffice~ Main Road~ Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr..Bergen~ Mr. Rosenberg, and Mr. Grigonis. It was further Resolved that a letter be forwarded to Riccardi Construction Corporation returning the original variance application a/c Thomas Szala~ and stating that it will be neces'sary for the reverse side of the application to fully completed before the appeal can be acted upon at the hearing. By resolution offered byMr. Grigonis, seconded by Mr. Bergen and carried, 7.$0 P.M. (E.D.S.T.), Thursday~ August 27~ lq~9. Town Clerk's Office, Main Road, Southold~ New York, was s~% ~or hearing upon'application of Helmut Hass, for Southold Town Beach Motel~ North Road~ Southold~ New. York~ for a special exception in accordance with the Zoning Ordmnance~ Article I~, 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, Southold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion ofMr. Rosenberg, seconded by Mr. Grigonis and Southold Town Board of Appeals -10- August la, 19~9 carried, Thursday, August 27~ 19~9, 7:~0 P.M. (E.D.S~T.),at the Town Clerk's Office, Main Road. Southold, New York, was set fQr hearing upon application of Helmut Hass, for ~outhold Town Beach Motel~ North Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section ~00~ ~ubsection ll~ for permission to erect and maintain a directional advertising sign on the property of Ernest C. Tuthill~ south side Middle Road~ Mattituck~ New York. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Bergen~ seconded by Mr. Rosenberg, and carried it was RESOLVED that time and place be set For hearing upon application of Helmut Hassa~ for 8outhold Town Beach Motel~ North Road, Southold~ New York, for a special exception in accord- ance with the Zoning Ordinance, Article III~ Section 300. Sub- section ll, for permission to erect and maintain a directional advertising sign on the property of Mary Pylko, south side Sound Avenue, M~tt~tuck, New York. Time an~ place being set or 8.00 P.M. (E.D.S.T.)~ Thursday~ August 27~ 19~9, Town Clerkts Office, Main Road~ $outhold, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ ~. Rosenberg~ and Mr. Grigonis. By resolution offered by Mr. Grigonis, seconded by Mr. Bergen and carried~ 8:10 P.M. (E.D.S.T.)~ Thursday, August 27, 19~9, Town Clerk's 0~fice, Main Road, Southold, New York, was set ~or hearing upon application of Helmut Hass, for $outhold Town Beach Mote~ 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 the Shell Service Station~ Ted Wells, Proprietor, north side Hamilton Avenue and West side Wickham Avenue, Mattituck, New York. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr~ Rosenberg~ and ~. Grigonis. On motion of Mr. Rosenberg, seconded by Mr. Origonis, and carried~ it was RESOL~ that the Board of Appeals set 8:20 P.M. (E.D.S.T.), Thursday, August 27, 19~9, at the Town Clerk's Office, Main Road~ Southold, New York~ as time an~ place upon hearing of application of Helmut Hass~ for Southold Zown Beach Motel~ North Road~ Southold, New York, or a special exception in accordance with the Zoning 0rdinance~ Article III, Section ~00~ Subsection ll~ for permission to erect and maintain a directional advertis- ing sign on the property of Joseph 8awicki~ south side North Road, $outhold, New York. Southold Town Board oF Appeals -ll- August 13, 1959 Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. On motion of ~. Bergen~ seconded by Mm. Rosenberg~ and carried~ it waz RESOLVED that time ~ud place be set for hearing upon application of Carl D. Reiter, Main Road~ Southold~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 300~ for permissionto reopen for use as a hotel~ the property known as Lake Lodge~ a u~e which has been discontinued for more than two years. Location of property, north side Sound View Avenue~ Southold~ New York. Time and place being set for 8:30 P.M. (E.D.S,T.)~ Thursday~ AuguSt 27~ 1959, Town Clerk's 0ffice~ Main Road~ Southold~ New York. Vote of the Board: Ayes$- Mr. Gillispie~ Mr. Bergen~ ~. Rosenberg~ and ~. Grigonis. It was further RESOLVED that legal notice of hearing be published in the oeficial newspaper on date of August 21~ 1959. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. ~rgen~ Rosen~erg~ and Mr. Grigonis. Meeting adjourned at 10:O0 P.M. Respectfully submitted Boken Se crc tary