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HomeMy WebLinkAbout882 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATESIII.x.'_......4.........1966 Appeal No. 882 Dated June 16, 1966 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Hideaway Estates To Youngs Point Appellant Mattituck, New York at a mectir+g of the Zoning Board of Appeals on Thursday, July 14, 1966 the appeal was considered and the action indicated below was taken on your ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ` t ) Request for a variance to the Zoning Ordinance ) 1. SPECIAL EXCEPTION. By resolutionof the Board it was determined that a,special exception ( ) be granted ( ) be denied pursuant to Article .............................. Section ............—............... subsection .....__...._........... paragraph ............................. of the Zoning Ordinance, and the decision of the Building Inspector( ) be reversed ( ) be confirmed because 8: 00 P.M. (E.D.S.T. ) , Upon application of Hideaway Estates, Youngs Point, Mattituck, Neta York, for a speic al exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for per- mission to retain off premises name plate identification signs on pro- perty that is `located on the North side of a private right of way known as Miller Road'off the east side of Mill Road, Mattituck, New York, bounded north by Stevens, east by private right of way, south by A.W. Smith, west l?y Mill Road. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of .the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE (b) The bard,04 created Us),(is not) unique and (would) (would not) be shared by. all properties alike in the immediate vicinity of this pioperty and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Lavpector ( ) Abe confirmed ( ) be reversed. APPROVED ZONING BOARD OF APPEALS FORM ZB G2�Chaifman Board of Appear (�1LQ�a t t+- . �i� +`, Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the applicant hes requested permission to place an area identification sign on the north side of a private right of way known as Miller Road off the east side of Mill Road, Mattituck. There is some controversy over who has title to the property upon which the sign is erected. Therefore, in order for the applicant to main- tain the sign in its present location, the Hideaway Estates group must obtain permission from the present owners of the property to maintain the sign in its present location. If this is not possible, the sign must be moved on to the 24 foot right of way which is south east of the six foot buffer strip referred to in the letter from William Wickham, Esq. The sign must be located at least two feet from any property line. The Board points out that an area identification sign with the name of the property owners in the area is very helpful to visitors* of the property owners, delivery men, and operators of emergency vehicles. The Board finds that the public 'convenience and welfare and justice will be served ,and ,the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Therefore, it was RESOLVED that Hideaway Estates, Youngs, Point, Mattituck, New York, be granted permission to retain an off premises name plateidentification sign on property that is located on the north side of a private tight of way known as Miller 32X Road off the east side of Mill Road, Mattituck, New York, subject to the conditions set forth above, and subject to any subsequent changes in the Southold Town Zoning Ordinance as it applies to signs. v` " 'IJ0'IVN 0~ SOUTI~O~D, NEW YORK AI=PLICAT~'O~ FOR, SPI~CIAL E~fCEPTION TO THE. ZONING t~OARD OF Ai=PE~kLS, SOUTI-IOLD, N. Y. N~me S~eet and Number Nattituck New York ~un$~DaHty State hereby apDly to THE ZONING BO~I~D OF ~L°PEALS £or a SPEC~ EXC~TION in accordance with ~e TI~E SPECIAL Ei~C~LOTIO~ IS I~EQUE~TE~D B~C~USE Tho permanent residing owners of homos ia Hido-away Estates, as well as owners of lots who exoect to build, respoctfu!iy roquest the Zoning Board of Appeals to grant us a special exception with respect to Zon- ing Ordinance, Article IIi, Section 300. We refer to our name signs, located on Miller Road, a Private Right- of-way maintained by us. This means of our identification was designed, only after sorious thought as to location, attractiveness and so as not to interfero with ones vision while driving in either direction on Cox Neck Road. Please consider, also, the nearest home,t~ertenborgs~ from our idontification sign is at a distance of l~00 feet, while ~Ramsauors~ is at a distance of 18~0 feet. Without this identification sign it is going to be extremely difficult for various delivery services and out-of-town visitors to locate our homes. We sincerely request your granting this exception so that these signs may remain in their presont location, as setting them back, suggested~ they would be of no use as they could not be seen~from Cox Neck Road. FGR~ Z~2 Yvud(,'S Po ~T J i OGiLVl~ 5'IPE ~(~OET.S C HI iff R ~L LEGAL NOTICES Pursuant to Section 267 o! the ToWn L~w a~d the provimons of the amended Building Zone Ordinance of the ToWn of ~outhold, Suffolk County, New, York, mblic hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southdid, New York, at 7:30 P. M., on July 14, 1966, on the following appeals: 8:00 P. M. iE.D.S.T.t, upon appltea- tion of Hideaway Estates, Youngs Point, Matti~uck, New York, for a special ex- ception in accordance with the Zonini Ordinance, Article III, Section 300 Subsection 10, for permission to retaiz off premises name plate identification sign on property that is located on the North side of a private right of way known as Miller Road off the east ~ide of Mill Road, Mattituck, New York, bounded north by Stevens, east by pri- vate right of way, south by A W. Smith. west by Mill Road. 8:10 P. M. (E.D.S.T.), upon appli~- tion of John H. Kloppenburg, North Oak Dr/ye, Cutchogue, New York, for Zoning Ordinance, Article III, Sections 304 s~d 307, for permission to erect an addition to an existing dwelling with insufficient side y~rd. Location property; south side Albo Drive, Laurel, New York, bounded north by Alto Drive, east by John Loper, south by Krogman-Loper, west by Albert Casper. 9:20 P. M. (E.D.S.T,i, upon applica- tion of Devola Eassford, a/c To Rave and To Hold Corp.. R. F. D. 3, York- Article III, Section 303 and Article X, Section 1000~., and the State of New York Town L~w, Section 290A, for per- mission to divide property with in- sufficient frontage, and for approval of side Main Road, East Cutchogue, New York, bounded north by Main Road. east by G. W. Wells, south by S. Taylor;J west by R. W. Richmond-Taylor. 8:30 P. M. (E.D.S.T.), upon applica-. tion of Albert D. Dawson, & Wf., Fish- · ers Island, New York, for recognition of access in accordance with the State of New York Town Law Section 280A. Location of property: north side Mon- tauk Avenue, Fishers Island, New York, bounded north by Albert Dawson, easi by West ,Harbor, south by Montauk Avenue, ~ est by Montauk Avenue. Avenue, Southold, New York, for a variance in accordance with the lng Ordinance, Article III, Section 304, for permission to build an addition setback from a private road. LocationI of property: east side Boisseau Avenue and private road, Seuthold, New York, bounded north by Private Road-Walter Sawicki, east by F. Moffat, south by Railroad-Cassidy, west by Boisseau 8:50 P. M. (E.D.S.T.), upon applica- tion of James J. Kreh, Main Road, Mattimck, New York, for a special ex-: ception in accordance w~th the Zoning Ordinance, Article IV, Section 408, Subsection A, for permission to erect back. Location of property: north west~ Avenue, Mattituck, New York, bounded north by land now or formerly of Mat- tituck Trucking Company, east by Fac- tory Avenue, south by Main Road, west by la~d now or formerly of Tidewater Oil Company. tion of Greenport Playhouse, Inc., 163' East Merrick Rogd, Merrick, New York } Section 408, Subsections A & E, for per- Location of property: north side Main Road. Greenport, New York, bounded !south by the Main Road, west by Chapel La~e. 9:15 P. M. (E.D.S.T.). upon applica- tion of Joseph Cherepowicz, Main Ro~d,. East Marion, New York, for a special exception in accordance with the Zon-; ing Ordinance, Article III, Section 300, Subsection 8, for permission to retain farm stand signs. Loc~tion of property: south side Ma~n Road, East Marion, New York, bounded north by Mgin Road. east by Marion Manor Sub- Manor Grove Corp., south by J. Els- worth-Reeve, west by Shipyard Lane- 9:30 P. M. (E.D.S~T.), upon applica- tion of Felix Doroski, a/c Cutchogue: Auto Sales, Main Roexl, Cutehogue accordance with the Zoning Ordinance, Article IV, Section 409, Subsection R, for pern~issioc to retain a projecting wall sign. Locatio.~ of property: north~ side Main Ro~d, Cutchogue, New York, bounded north by M. Doroski Est., east by F. Doroski, south by Main Road, west by E. A. White. 9:40 P. M~E.D.S.T.) upon applica- tion of Fred W Kaelin. ~ain Street,' Cutchogue, New York, f¢ special ex- ception in accordance with the zoning ~ Ordinance, Article IV, Section 408, Sub- section B, for permission to retain a )~ SUffOLK ~ sign projecting more than one foot!N~A/ YORK from the front of the building. Location of property: south side Main Road,. Cutehogue, New York, bounded north~ by Main Road, east by S. Hand, south by Fire District, west by C. P. Tuthill.~. Whitney Booth, Jr., bei~ duly sworn, soys 9:50 P. M. (E.D.S.T.), upon applica- tion of Sunset Motel, 312 North Road, iS the Editor, of THE LONG ISLAND Oreenport, New York, for a special, exception in accm~ance with the Zon- - MATTITUCK WATCHMAN, o public news- lng Ordinance, Article IV, Section 499,.ed at Southold, in Suffolk County; and that Subsection A, for permission to retain a directional sign on the property of if which the annexed is a printed copy, has been Gcorge Telles. Location of property: south side Main Road, Oreenport, Ne~l said Long Island Troveler-Mottituck Watch- York, bottnded north by Main Road, ! east by Herman Sill south by Herman~och week for .... ~.~.(~ ..... week~ Sill, west by C. Ryan. 10:00 P. M. (E.D.S.T.), upon applica- tion of Sunset Motel, 312 North Road/, commen¢inQ On the .................................. Greenport, .New York, for a special ex- section 10 for permission to re~n df-' Y--" ~2~/~ rectional signs at the following loca- ~/ /~/~'~].~ Ruch, located on the south side of the. North Road, Greenport, New York, ~ bounded north by the North Road, east ' F by V. Poliwoda, south by J. R. Cassidy, west by Private Road; 2) on the prop-. erty of Clementine F. Rutkowski Estate, Worn to before me this ........................ located on the south side Main State ~ Road, East Marion~ New York, bounded ', ~ Sh pyard Lane, south by Cleave Point [ Corp., west by Cleave Point Colp , ' DATED: June 30, 1966 ~ Notary PubUc BY ORDER OF THE SOUTHOLD ~ SOUTHOLD, NEW YORK ADEL£ PAYNE Notary Publrc, State of New Yorg Resi~mg i0 Suffolk Cou:ty No. 52.3041000 19~'~ Commission £xpires March 30, MES. GREENPORT, N. Y. FRIDAY. JULY 8, 1966 NOTICE OF ~GS Pursuant to Section 26? of the 'Town Law and the provisions of the Amended l~ullding Zone Or- dinance ~f the Town of Southold, Suffolk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of S~u~thold, at the Town Office, Main Road, Southold, Ne~ 'York, at 7:30 P. M., on July 14, 1966, on the following appeals: B:00 P.M. (E,D:S:T.), ,Upon plicatidn of l-Iide,.away Estates, YoUngs Point, Mattituck, New York, for a special exception in accordance with the Zoning Or- dinance, Article ILl, Section 360, ,Subsection 10, for permission to retain off premises name plate identification signs an property that is loeated on the North ,side of a pri~ate right of way known as Miller Read off the east side of Mill Head, iVLattithck, New York, bounded north by Stevens, east by ,private right of way, south by A W. Smith, west by Mill Road. 8:10 P.M. (E.D.S.T.), Upon ap- plication of John H. Klopper~burg, North Oak Drive, Cutehogue, New York, far a variance in accordance with the Zoning Ordinance, Art- icle III, Sections 304 and 307, for p~rmission to erect an addition to an existing dwelling with in- sufficient .side yard. Looaiion ef property: south side Alto Drive, Laurel, Ig~ York, bounded north I by Alto Drive, ea~t ,by John Lop- er, ,south by Kregman-Loper, west by Albert Casper. 8:20 P.M. (E.D.S.T.), Uipon ap- plieaiion of Devola Bassford, a/c To Have and TO Hold Corp., R.F.D. 3, Yorktown, New York, for ,a variance in accer~lance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A, and the State of New York Town Law, Section 280A, for po,r- mission te divi.de property with insufficient frontage, and for ap- proval of access. Location of pre, perry: ,south side i~ain l~oad, East Cuteh0gue, New York, bound- ed north by Main Road, east by ~. W. W~elis, south by S. Taylor, west by H. W. Riel~mo~d-Taylor. 8:30 P~. (E.I~.T.), Upon ap- plication of Albert D. Dawson, & Wf., Fishers ~and, New Yqrk, for ~ecognition of access in accord- ance with the State of New York Tow~ Law Section 280A. Loca- tion of ~roperty: nogth side Mon- tauk Avenue, Fishers Island, New York, bounded north by Albert Dawson, east by West Haxbor, south by Mont~,uk Avenue, by Montauk Avenue. 8:40 P.M. (E.D.S.T.., Upon ap- ~lieatinn of ,George Barzac, Jr., Boisseau Avenue, Southold, New Zork, for a variance in accord- ance with the Zoning Ordinance Article III, Section ~4, for per-, mission to build ,an addition to an existing dwellir~g with insuf- ficient setback from a private road. Location of prope~rty: east side Boisseau Avenue and private road, Southold, New York, bound~ north by Private l%oad-Waiter Sa- ! wicki, e~a~_l~t by {F. Moffai, south by l~ailromd-Gassidy, w~st by Bois- ~eau Avenue. )LK. ! ~RK ~ ss: y Main Road, w~t by E.A. White. [ 9:44) P-M. (E,D~.T.), Upon ap-~ c ~ ~' ~r~t ~, New York, for a, ~ci~ exception ~ aecor~ce ~ P~inter ~nd Publisher ~f ~e SUFFOL~ cie IV, ~cMo~ ~, SuCtion. B, ~news~pe~ pubUsh~ f~ ~,r~on ~ retain a ~n proj~g more than one foot j noti~, et which the ~nexed is ~m t~ f~nt ~ the bufld~.~ ~tl~ ~ pro~rty: ~uth ~e jished in the ~id Suil~lk Weekly Times ~t by S. ~, sou~ by ~re ~ . . ~[; .... ~9:.50 r~. (~.~.T.), U~n ~p~ . ...... 19~.~. ~o~h ~d, Or~r~, :I*ew York, erty: south si,~e Main ~oad,[ .............. ~' ~ ........... G~n~, ~ew York, ~u~ded ~ ....................................... ~orth by lVlain Road, ea~ by Her- man Sill, south by Herman Sill, west .by C. Hya~. 10:00 P.M. (~.D.S.T.), Upon ~li,cation of ~et Motel, 312 Nor~ ~ad, ~r~rt, New York, fqr a spec~ ex~bi~ in ~ccord- ance with ~e Zo~ng Ordnance, Article III, :$~t~ 300, Su~ectidn 10 for permission to re.in direc- riehl ~gns at the [elbowing cat~o~: 1) on the property of VaI- ~tine ~uch, leca~d on the south ,side of the Nor~ Road, Green- ~r%, New York, ~ north by the ~or~ ~, ~t by V. Poli- wo~a, ~u5h by J. H. C~idy, west by ~riva~ ~ca~; 2) on the prop- erty of Clememtine F. Rubkowski Estate,, l~at~ ~n the ~u~ side ~Main Sta~ Ro~, E~t ~aridn, New Y~rk, bounded nor~ by Main Ro~d-S~, e,~t by Shipyar~ ~e, s~th by Cleave Po~t Corp., we:st .by Cie,ave Point Co~. ~y peirson d~ring te ~ heard on any of the able appli~tin~ ~o~d ~r at the time a~[ place above &~,~fied. ~ ~ ~ 1MyS~ Road, Mattituck, New York, for a ~g~cial exceptio~ in accordance with the Zoning Ordinance, Art- icle IV, Sect~0n 408, Subsection A, f~or permission to erect-a ground ,sign with insufficient set hack. Lo- cation of property: nort~ we~t corner of the Mai~ Road and Fac- tory Avenue, Mattituck, New York, boar~ded north by land now or formerly of l~attituck Trucking Company, east by Factory Ave- nue, south by Main Ro~d, west by laild now ,or formerly of Tidewa- ter Oil Company. 9:09 pAVi. (E.D.f;.T.), L~on ap- plication ,of Gree~port Playhouse, Inc, 163 East ~Vierri.ck Road, Mer- rick, New York, for a special ex- cept}on in accordance with the Zoning Or.dinance, Article IV, Sec- tion 468, Subsectior~s A & B, for permission to retain an on pre- mises g~'ound sign and on pre- mises wall sign. Location of prop- ierty: north side Main Road, Oree~port, New York, bounded north by King G~'eenport Associa- tion, east by King Greenport As- sociation, couth by Main Road, west by Chapel Lane. 9:15 FJM. (E.]D,S.T.), Upon ap- plieati,on of J.osfiph Cherepowich, l~ain Road, East Marion, New York, for a ~pecial ex'ception in laceqrdance with the Zoning Or- ,Section 300, /d~n~nee, Article III, of ~r, operty: south ~ide Main lq~d, East M~rion, New York, I bounded north by Main Road I east by IV~arion l%anor 'Sub.-Mano~ C~rove C(~rp., south by J. Elsworth- Reeve, west by Shipyard Lane-Ors. 9:30 pa~I. (E~D,S.T.), Upon a~- plication of Felix Doreski, a/c Cutchogue Auto ~ale~, Main Road, Outchogue, New York, for a spe- cial exception in accordance with t,he ~onl~ (~rdinanc~, Arllcle I¥, Section 4~, Subsection B, for per- mi~,~ion to retain a projecting wall sign. Location of property: north -side Main Ro~d, Cutchogue, New ¥~rk, bounded north by M. Dor- eski Est., east by F. Doroski, 'south TOWN OF SOUTHOLD OFFIOE OF BUILDING INSPEOTOR TOWN OLERK'S OFFIOE SOUTHOLD, N. Y. ,'EL. Subjects- Violation ~f "~ff ~renisam" tder, ti£i'~tion and ~a~e~late sign~ located on premises of Mrs Smith~ E/S Mill Roads ~attituck, N.Y. To each a~d all a~ove ~emed ~he"o.f.~ p~e.,ises"sign applioatlo~ ~de by Hr Waz,te~erg~ ~ the ~a~ of AppeaXo~ to ~,z thi~ si~ ~s app~ved ~bJect ~ ge~t~g ~e a,,~v~l..~ o~ :~.. ~t~h. to ,~, .. ~alm~ . ~u,~, a ~t~n ,m her ~per~ - ~cl~es the bed of tha "Mill er Right of way" lead~g tb Hidea~y To ~te ~ithe~ this office or the ~ard of Appeals ~ve received ~y ~eh pe~ission f~ Mrs. Smith to r~ntain thi~ sl~ mn her p~pertye The afo~nt!oned A~entificatlon and ~2~te si~ berg violati~, of Art~cla X s,~c~'an 1::02 ::;d Ar'~ 'iii~,~ *~,.zon ~00 $~ 10 of ~e b~ld~g ~ o~i~e of th~ To~m of Sou~old, ~ are By order of Howard Terry · ~,lildtmg Inspector, Town of ~AW OFFICES W~ LllAM WICKHAM MATTITUCK~ LONG ISLAND NEW YORK 119S2 516-298-8353 August 7, 1967 Board of Appeals Town of Southold Southold~ N. Y. Gentlemen: We have been informed that the name sign in the right of way of Mrs. W. H. Smith, which you ordered removed, has been moved to another position. It is now either on the Northwest corner of the Smith property, or on the highway. The monument in that area is 2.46 feet West of the property line. We trust that you will take the necessary steps to have the sign removed. WW/as Very cordially yours, / 1%7 1~. William WickB~ Attorney Main l~ad ~attituck~ ~.Y. ~ear The Bo,~rd of Appeals is going to take up the matter o£ sig~ for Hide-away Estates~ E/8 Cox Neck-Mill Rd~ ~attituck~ ~ediately foll~g ~e ~lb~g case ~ ~e agenda for the ne~ meet~g, ~u~ 2~st~g that you will have ~ agreement on this ~tte~ ~y the~e Yo~m truly , July 7~ 1967 1~, W~lliam Wertenberg Hideaway Estates Cox Neeke~tll Rd ~attituek~ N,Y. Dear The ~ard of Appeals,is ~ning to take ur, t!:e matter of the si~ for "Hideaway Estates"! E/S$oxneek-Mill immediately following the H~lbing ease on the agenda for the next meeting ~uly 20! 1967, T~stin~ that you will have an agreement on this matter by then, YoUrs truly August 10, 1967 WllliamWickham, Esq. Main Road Mattituck0 New York Res Hideaway Estates - Sign Dear Mr. Wickham~ Per request f~o~ your office the following is the resolution passed by the SoutholdTown Board of Appeals at a regular meeting held on J~ly 20, 1967. "It was RESOLVED that because of failure of Hideaway Estates as represented byMr. Wertenberg to ob~ainpemission for the continuance of the sign wh~/t was the subject of Appeal No. 882 % ~n any location - the appeal on application number 882 by Mr. Wertenberg is hereby instantly denied. "Xt was FURTI~ER RESOLVED this sign shall be removed by August 1, 1967." Trusting the above will be helpfuly to you, Very sincerely, Barbara C. Dlttmann, Secretary Southold Town Board of Appeals Hideaway Estates Mattituck, New York November 30, 1966 Town Board of Appeals Southold Town Southold, New York Gentlemen: Today I received a letter from Howard Terry in regard to our identification signs as covered by your special exception number 88R, dated, June 16, 1966. Mr. Terry advises in his letter of a deadline, namely, December 10, 1966, which was not specified in copy of special exception forwarded me. We have not taken action in this matter since we did think that Mrs. Smith would have a change of heart, especially so, since we submitted to her a design of a colonial sign, size 24" by 28", which would eliminate all individual names and read, "Hideaway Estates, Miller Road". In view of the fact, that three of our families are now in Florida and an additional three families are leaving this week, we respectfully request the Board of Appeals extend to us an extension of time, namely, to July l, 1967. We make this request so that in the event of an injunction or civil action we would, at that time, have full representation of Hideaway Estate home owners. Sincerely, William H. Wertenber6 WHW:mr December 2, 1966 William H. wertenberg Hideaway Estates Mattituck, New York 11952 Dear Mr. Wertenberg: In response to your letter of November 30, 1966, please be advised that the Board of Appeals is agreeable to an extension of time with regard to your identification sign on Miller Road, ldentif~g Hideaway Estates. This sign was referred to in special exception ~ppeal number 882, dated June 16, 1966. It is our understanding that you will be able to clear this matter up by July 1, 1967. Very sincerely, Robert W. Gillispie, Jr. Chairman, Southold Town Board of Appeals awGJ r/ d Hideaway Estates Young's Point Mattituck, New York July 10th, 1967 Town Board of Assessors Southold Town Southold, New York Gentlemen: This will acknowledge receipt of your letter dated July 7th, 1967. In reference to the replacement of an identification sign for Hideaway Estates. Since permission from the present owner of the buffer strip north of the right of way to retain the sign in its present location cannot be obtained, we, the Hideaway Estates owners, have acted to move the sign in compli- ance with your directive dated July 14, 1986. WHW:mr Sincerely yours, William H. Wertenberg Note May I advise your Board tha~ in the event, of any further action in this matter, that any and all communications be sent to the following owners of Hideaway Estates: Dr. Robert Ogilvie William H. Wertenberg Kenne%h E. Ramsauer Arthur Becket Julian Carsill Mrs. Albert R. Rohrer Clyde Sipe Walter Juettner Harry E. Pohl Charles Goertz Stanton Jennings Klaus Beier ¥~s. S. P. Jones Dr. D. Hayes G. Talbot Edward Kells L. Burke C.J. Kucyn Dr. Hammond LAW OFFICES WILLIAM WlCKHAM MATTITUCK~ LONG ISLAN B NEW YORK 11952~ 516 MA 9-8353 June 23, 1967 Board of Appeals Town of Southold Southold~ N. Y. Re: Hideaway Estates Gentlemen: We have been advised that you have given Mr. Wertenberg until July 1st to come to some agree- ment with Mrs. W. H. Smith regarding a mutually acceptable road sign. So far~ Mrs. Smith has not been approached~ although she is perfectly willing to discuss this matter. We wish to bring to your attention again our position with respect to the right-of-way which was set forth in our letter to you dated July 12~ 1966. You have a Xerox copy of the deed granting the right- of-way. It is our firm opinion that this carries with it only the right of access. It does not include such other items as electric light~ telephone poles and gas mains. We are certain that no public utility company would attempt to make any installation without the consent of the fee owner on a recordabte instrument. The same holds true as to signs. No person has any right to install them without the express consent of the fee owner. Please be assured that Mrs. Smith has no intention of being unreasonable in this matter~ but this is her property and signs do affect it. A neat~ uncluttered sign is her objective~ and such would be an asset also to all the residents of Young's Point. Very cordially yours, WW/as LAW OFFICES WILLIAM WICKHAM MATTITUCK, LONG ISLAND NEW YORK 11952 5i~i MA 9-8353 July 12, 1966 Board of Appeals Town of Southold Southold, New York Re: Application of Hideaway Estates 8 p.m., July 14, 1966 Gentlemen: I have been asked by Mrs. W. H. Smith to represent her in this matter. Unfortunately, I have a conflict for this time, so I am taking the liberty of registering opposition by letter. Mrs. Smith is the owner of this parcel, includ- ing the right of way in question. This was conveyed to her predecessors in title by deed from Jennie Young and Others to Daniel Dana Jackson and William Francis Kip by deed dated February 9, 1918 and recorded in Suffolk County Clerk's Office in Liber 963 of deeds, page 227. The deed contains the following reserva- tion: "SUBJECT, NEVERTHELESS to a right of way for the said Clara B. Miller and for the several heirs at law and devisees of said Selah Young, deceased, above named, twenty- four (24) feet in width, extending east and west across the premises hereby conveyed from the land of Clara B. Miller, on the east to the highway, on the west crossing Mape's Neck, known in recent years as Cox's Neck, the northern boundary of said right of way being six (6) feet south of the line dividing the premises of said Clara B. Miller and the premises hereby conveyed." A Xerox copy of the above deed is enclosed. A right of way for access does not carry the right to erect signs without the permission of the Board of Appeals Town of $outhold -2- July 12, 1966 fee owner. Therefore, we ask that the petition be denied and the signs removed. WW/as encl. Very cordially yours, JUly 24, 1967 William H. Wertenberg Hideaway Es~tes Mattituck, New York 11952 Dear Mr. wertenberg: Xn response to your letter of July 10, 1967, we are quoting below a resolution passed at a regular meeting of the Board of Appeals on July 20, 1967, which is self-expla*atory. "It was ~SSOLVBD that because of failure of Hide- away Estates as represented byMr. wertenberg to obtain permission for the continuance of the sign which was the subject o£ Appeal No. 882 - in any lo~ation - the appeal on application number 882 hymn. Wertenberg is hereby instantly denied. "Xt was further RESOLVED this sign shall be rem~ed by August 1, 1967." we do not propose to co~m~unicate this resolution to the list of names in your letter of July 10th, since you were the original applicant. Through discussion of your sign it was indicated it is very possible to make a compromising solution, however, the Board's efforts for a compromise have been unsucessful0 and we believe if you are going to have a sign there you will have to deal with the owners of the property. THISINDENTURE,madethe ,~> ~ ~-. - ~ ~t.~.~.. day of ~:O~'~b~-~/ in the year nineteen hundred and ~,~l:g:l~n , between J~INIE YOUNG, ROY YOUNG, ~nmar. ied~ and CLArenCE YOIR;~, un- married, all of Bay Shore, Long Island, New York, and JOS~rA T. YOUN9., their father, of Bay Shore, Long Island, New York, parti esof the first part, and DANIEL DANA JACKSON, residing at I7o, 950 /" President Street, in the Borough of )fanhattan of the City of'/~'t~' ' i/`% New York, and V~ILLIgSf FR~ICIS KIP, residing at No. 174 St. Johns Place, in the Borouggz of Brooklyn of the City of New York, partie~ of the second part: WITNESSETH, that the said parties of the first part, in consideration of the sum of 0I~ (gl. O0) dollar~ lawful money of the United States, paid by the part 'les of the second part, ~nd other good and valuable considerations, do hereby grant and release unto the said part iesf the second part, their ~, heirs and ~ssigns forever, all that ce ~im piece or parcel of land situate, lying and being a~ Mattitu.k, County of Suffolk and State of New York, bounded and described as follows: BEGINNII,!G on the north by land of CLARA B. ~',[ILLER, three hundred end eighty-four (3~4) feet; on the east by lend of DAVID T. YOUNG, deceased, one hundred and eigjnty (180) feet; on the south by land of SELAH YOU}~G, JR., four hundred and forty-seven (447) feet; end on the west by the highway crossing Mape's Neck, known in recent years as Cox's Neck, one hundred and eighty (180) feet. TOG%'THER with all the right, title and interest of the parties of the first part in and to said highway on which eaSd premises abut. BEING 'the premises shown and designated on the map of SELAJ{ YOIR[G ESTATES NO. 1 filed in the office of the Clerk of Suffolk County on the 23rd day of September, 1907, and ntumbered 345, e.s lot No. seven (?). SUBJECT, NEVERTHELESS to a right of waT. for the said CLARA B. ~.ILLER and for the several he'irs at law (and devisees feet in width, extending east and west across the premise~ hereby conveyed from the land of CLARA B. ~ILLER, on the east to the highway, on the west crossing Nape's Neck, known in recent yearn ~e Cox's Neck, the northern boundary of ~ald ricoh: of way being six {6) feet south of the line dividing the prem- ises of.~said CLARA B. XILLER and the premises hereby conveyed. TOGETHER with the appurtenances and ail the estate and rights of the part ies of the first part, in and to said premises. TO HAVe AND TO HOLD the above granted premises unto the said partieSof the second part, *cheil' . · heirs and assigns forever. AND thc said parties of the first part do covenant with said partieeof the second part as follows; FIRST.--That said parties of the first part are seized of the said premises in fee simple, an~t ha ve good right to convey the same. Sscosr~.--That the parti eSof the second part shall quietly enjoy~ the said premises. Ta~Rn.--That the said premises are free from incumbrances. FouRTm--That th~ pard e~ of the first part will execute or procure any further necessary assurance of the title to said premises. FIFT~:.--Thatthesald parties of the first part will forever warrant the title to said premises. IN WITNES'a WHEREOF, the said par~.Ss of the first part have hereunto set tSeir hands and seals the day and year first above written. STATE OF NEW YORK, hundred and day of ~s ge~lv4~.~ , in the year nineteen , before me came JENIiIE Y01DTG, ROY YOUNG, CLARENCE Y0~.IND and JOSHUA T, YOUNG, t~cal~el~p$o be the individual Sdescribed in and who executed the foregoing instrument, and ~cknowledged that they executed the same. O STATE OF COUNTY OF ss.: On this day of , in the year nineteen hundred and , before me came to me known to be the indMdual described in, and who executed the foregoing instrument, and acknowledged that he executed the same. STATE OF NEW YORK, ] CITY OF NEW YORK, ~ss.: COUNTY OF On this day of , in the year nineteen hundred and , before me personally came subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn did depose and say, that he resided at the time of the execution of said instrument, and still resides in ; that he is and then was acquainted with and knew to be the individual described in and who executed the foregoing instrument; and that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time, subscribed h name as witness thereto. RECORDED in ~u~fo!k County Cla~.~-'s G_.~cc in Liber ~ of Deeds~c~ 227 O~l t~