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HomeMy WebLinkAboutZBA-03/10/1960 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Ch~rm~n ~ Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. Southold Town Board of Appeals ~OUTHOLD, L. I., N. Y. Telephone SO 5-P660 MINUTES Southold Town Board o£ Appeals Ma~ch 10~ 1960 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.~ Thursday~. March 10~ 1960 at the Town Clerk Office~ Main Road~ Southold~ New York. There were present: Messrs. Robert Chairman~ Herbert Rosenberg~.. and Charles Grigonis~ Jr~ Absent: Messrs~ Robert Bergen, and Serge Doyen~ Jr. Also Present: .,v~, Howard M. Terry~ Building Inspector PUBLIC HEARING: 7:30 P.M.~ Appeal No~ 265 - Upon application of Baker & Fickeissen, Main Street and Boisseau Avenue, Southold~ New York~ a/c Adam Mele, Private Road, west side Silvermere Road, Greenport~ NeW York~ for a variance in accordance with the Zoning Ordinance~ Article III, Section 307, for permission to reduce side yard on west side of lot located on Private Road~ west side Silvermere Road~ Greenport~ New York, bounded north by Private Road, east by John V. Nunno, south by Henry Baack~ west by Adeline M. Roach. Fee paid $15.00. The Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector~ application Southold Town Board of Appeals -2- March 10, 1960 for a variance~ legal notice of hearing and affidavit attest- lng to its publication in the official newspaper, THE CHAIRFaA~: Is there anyone present who wishes to speak for this application? MR. EDWIN FICKEISSEN, Southold~ New York: I do not know as there is anything to say except just what I have on the application. THE CHAIRMAN: of Is this one/a group of houses along this road? MR. FICKEISSEN: It is on a private road that goes in about 250 ft. from Silvermere Road and I would say there are about four or five 50 ft. lots on each side of the road_ MR. GRIGONIS: How far is the next house from the line? MP~ FICKEISSEN: I would think they are all about centered on the lots. This house has 11 and 13 ft. on each side. THE CHAIRMAN: This private right-of-way would ajoin this lot, is that correct? MR. TERRY: It runs in frOnt of the lot. Silvermere Road runs north and south. The house in question is on the south side of the right-of-way~ There is another house to the west of it and that dead-ends the street. MR. ROSENBERG: When you speak of the private right-of-way you are speaking of the road in front of the house~ is that correct ? ~ FIC~EISSEN: Yes. MR~ ROSENBERG: Did you make this application out? MR. FICKEISSEN: Yes~ I did. MR. ROSENBERG: When you speak of practical difficulty preventing the garage being place anywhere else, what do you have in mind? MR. FICKEISSEN: There was 13 ft. on that side of the house and it runs for only 90 ft. They would also like to keep the several large oak trees back further. Southold Town Board of Appeals -3- March 10~ 1960 MR. ROSENBERG: It would require the removal of a tree? MR. FICKEISSEN: Several trees in the rear of the house. THE CHAIRMAN: Where are the garages located on the other side Of this private road? MR. FICKEISSEN: Ido not believe they have garages. mr. TERRY: The two on the opposite side of the street do not have garages. (~tr. Fickeissen examined the photograph appearing/the file and pointed out the proposed location of the garage,) MP~ ROSENBERG: Your feeling-is that if this tree is removed that that is the practical difficulty. Suppose the next fellow felt he would like to put his garage on this same side for the same reason? MR. FICKEISSEN: I think they would have to put the garage on the other side because they do not have the same amount of room. THE CHAIRMAN: Our problem is with the future neighbors~ and not just necessarily the present neighbors. It appears this is not a unique hardship~ everyone on the street is in the same situation. The location of the garage in the rear of the lot would be must more desirable from our standpoint. MR_ FICKEISSEN: The lot.is so shallow if you put 'the garage in the back end of the lot you do not have enough room to get around the house and over to the garage. MR. ROSENBERG: I was down there the other day and it ~ould not be that kind o£ a difficulty, There would be enough room if .the garage were placed in the rear of the lot. You have to think of the house next door~ in fact they are all very nice bungalows. You have at least 13 ft. between the house and the line, and if it is placed in back you would just have to take down the tree. THE CHAIRFaAN: We cannot correct errors that occurred in the past,, we have to keep them from occurring in the future and this is an error where there is room in the rear and to have this garage Southold Town Board of Appeals -4- March 10, 1960 attached to the house would create a precedent and everyone on each side of the street should be allowed to do it~ and it would create almost a solid front. Is there anyone present who wishes to speak against this application? (There was no response.) Is there anyone present who would like to ask any other questions? Is there anything else you would like to sa~ Mr. Fickeissen, we are not trying to be arbitrary. MR. FICKEISSEN: I have nothing further to add, although I do think they should all get together and buy a lot and put all of the garages on it, Resolution was offered by Mr. Gillispie, seconded by Mr. Grigonis and carried~ WHEREAS~ application of Baker & Fickeissen,. a/c Adam Mele, having been considered at Public Hearing No, 265 on March l0x 1960,. and the Board finding that strict application of the Ordinance wOuld not produce undue hardship because adequate space exists in the rear of the lot for the location of the garage, The situation is not unique and would be shared by all properties alike in the immediate vicinity because a precedent would be created in the area of small lots to permit continuous building without the proper area between the buildings. The public convenience and welfare and justice will not be served and the legally established or Permitted use of neighborhood property and adjacent use districts would b.e substantially orpermanently injured and the .spirit of.the Ordinance would not be observed because there would be created a situation where there would be continuous building without the ~roper area between the buildings, therefore be it RESOLVED that the application be denied. Vote of the Board: Ayes.:-- Mr, Gillispie, Mr. Rosenberg~. and Mr. Grigonis, PUBLIC HEARING: 7:45 P,M.~_ Appeal No. 266 - Upon application of Phil and Evelyn Berry~ Private Road~ east side Bailey Beach~ Mattituck,~ New York~ fOr'a variance in accordance with the Zoning $outhold Town Board of Appeals -5- March 10~ 1960 Ordinance~ Article III~. Section 303,. and Article X~. Section 1000A~.. for permission to reduce frontage and use as a single lot, property located on Private right-of-way~ east side Bailey Beach, Mattituck~ New York, bounded north by Sound, east by Robert H. Austin,. south by Bailey Road, and west by other land of the applicant. Permission is also requested for recognition of access to this lot under Section 280A of the New York State Town Law. Fee paid $15.00. The Chairman opened the hearing by reading notice df dis- approval issued by the Building Inspector, application for a variance~ legal notice of hearing and affidavit attesting to. its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. EVELYN B. BERRY, Mattituck, New York: I do not think there is anything further I can add than we have already put in the application. THE CHAIRMAN: I believe you have explained it very fully~ that you have a very large lot and wish to divide it. Is there a house on one of the lots? MR. PHIL BERRY$. Mattituck. New York: either of the lots. There is nothing on (Mr. Berry described the neighborhood. ) tHE CHAIRMAN: How long have you owned the lot? MR. BERRY: About ten years, THE CHAIRMAN: This is the first time access has been requested over this road, is that right? Is it wide enough? MR. BERRY: It is 20 ft. wide. THE C~: Is there anyone present who wishes to speak against this application? Are there any questions anyone would like to ask? (There was no response.) Southold Town Board of Appeals -6- March 10, 1960 ~ ROSENBERG: Howard~ this does not automatically entitle them to reduced side yards~, does it? mr. TERRY: Nor it does not, they will have to maintain the side yard requirements. MR. ROSENBERG: Do you know the people who are buying the lot? MRS. BERRY: up on the bluff. Yes,. and it will be a small summer house built THE CHAIRMAN: of the property? Is it possible to get a surveyors description MR. BERRY: I have here the contract of sale which has a description on it. Resolution was offered by Mr. GrigoniS~ seconded by Mr. Rosenberg~ and carried~ WHEREAS application of Phil and Evelyn Berry having been considered at Public Hearing No. 266 on March 10~ 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because the parcel is much too large· for one dwelling, there being over 30~000 sq. ft. in each lot~ and there is no way to increase the road frontage. The situation is unique and would not be shared by all properties alike in the immediate vicinity because this is the only parcel of this size in this area with this frontage that is for sale. 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 permanently injured and the spirit of the Ordinance would be observed because the proposed use is residential in keeping with area and the proposed lot is very similar to the other lots in the area~ therefore be it RESOLVED that the application be on the following described property: Ail that plot~ piece or parcel of land lying and being at Mattituck. Town of Southold~ County of Suffolk~ State of New York: Beginning at a point at the northwesterly corner of the premises herein described at mean highwater mark of Long Island Sound 100 feet from the premises now or formerly of Lawrence Po Reeve and Alicia V. Reeve on the west~ running thence in a gemerally northeasterly direction along the mean high water mark of Long Island Sound 100 feet to the land now or formerly of Jacob and Esther P. Schott; the tie line between said points being north Southold Town Board of Appeals -7- March 10, 1960 54 degrees 48 minutes 50 seconds east 100 feet; running thence along said land now or formerly of Jacob and Esther P. Schott south 24 degrees 46 minutes east 357.81 feet to a concrete monument marking the southwest corner of said land now or formerly of Jacob and Esther P. Schott~ running thence south 64 degrees 23 minutes west approximately 85 feet more or less to a point; thence running northerly along a course to be fixed by a new survey to the mean high water mark on Long Island Sound~ the point or place of beginning, Permission is also granted under Section 280A of the State of New York Town Law for access to the abovedescribed parcel over private right-of-way running west from Reeve Road. Private right-Of-way sometimes known as Bailey Beach Road. Vote of the Board: Mr. Grigonis. Ayes:- Mr. Gillis~ie~. Mr. Rosenberg, and THE CHAIRMAN: The hearings we will now consider wer.e postponed from March 3, 19604 which was a day of heavy snow and postponed until 8:00 P.M. March 10, 1960. As I understand from the Secretary everyone was'notified by'telephone and were pleased not to have to come out in the snow. PUBLIC HEARING: 8:00 P.F~, Appeal'Not 263~ previously scheduled for 7:30 P.M., March 3rd~ but pQstponed to 8:00 P.M~. March 10~_ .1960 because of the weather. Upon application of Ralph L. and Una Belle Glover, East Main Street~ Southold, New York~ for recognition of access in accordance with State of New York Town Law~. Section 280Ao Location of property: south side North Sea Drive~ Southold~. New York~ bounded north by other lands of the applicant, south by Margery Burns, east by Donald Hauck~ and west by Blanche Siebert and others. No fee necessary for access. The Chairman opened the hearing by reading notice if dis- approval issued by the building inspector~ application for this variance~ affidavit attesting to the publication of the legal notice in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak forthis application? Southold Town Board of Appeals -8- March 10~ 1960 MP~ HOWARD TERRY, Building Inspector: Mr~ Glover was in the .night the application was filed and explained his situation. THE CHAIRMAN: come in tonight. I believe we told him he did not have to Is there anyone present who wishes to speak against this application? (There was no response.) Resolution was offered by Mr. Grigonis~ seconded by Mr~ Rosenberg, and carried, WHEREAS application of Ralph L. and Una Belle Glover having been considered at Public Hearing No. 263 on March 101 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because as the parcel is laid out there is no other access to the rear lots. The situation is unique and would not be shared by all properties al/ke in the immediate vicinity because this property is the .deepest in the original Lidico Corp. development in the area. 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 permanently injured and the spirit of the Ordinance would be observed because the proposed use is residential in keeping with the area and the lot sizes will conform to the ordinance require- ments~ therefore~ be it RESOLVED that the acce~be granted under Section 280A of the New York State Town Law by'providing for an access road straddling the~center division line of lots 44 and 45 on the Lidico Corp. map, 20 ft. in wi~th~ running from North Sea Drive south 305 feet more or less~ Vote of the Board: and Mro Grigonis. Ayes:- Mr. Gillispie Mr. Rosenberg~.. PUBLIC REARING: 8:20 P.F~,. Appeal No~ 256~ previously scheduled for 7:40 P.M.~ March 3rd,~ but pustponed to 8:20 P.M., March 10, 1960 because of 'the weather. Upon application of Marion S. Ladds, Nassau Point Road, Cutchogue~ New York~ for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 306, for permission to reduce front yard setback on a corner Southold Town Board of Appeals -9- March 10~ 1960 lot. Location of property: southwest corner of Nassau Point Road and Carpenter Road~ Cutchogue, New York~ Lot No. 150 on map of Nassau Point Club Properties~ Inc. Fee paid $15.00. The .Chairman opened the hearing by reading notice of disapproval issued by the Building Inspector~ application for a special exception, legal notice of hearing~, and affidavit attesting to its publication in the official newspaper. THE CHAIRMA~: Is there anyone present who wishes to speak for this application? MR. ROSENBERG: Mr. Dart asked me to explain to the Board why he is not here tonight, He had arranged his affairs so he would be here last week but planned to be'out of town this week. He said there is nothing he would say other than reciting what you have already read. He did not want you to think him dis- courteous by not being present and if necessary to postpone the ~aring until he can be present. THE CHAIRMAN: As I understand his reasoning, he would like to use an odd shaped lot without observing the corner restriction which is the reason why it would have to be a special exception rather than a variance~ What is the overall area of this lot? MR. TERRY: The dimensions are about 96 ft. on Nassau Point Road~ 292 ft. on Carpenter Road~ about 14 ft. inthe rear and about 295 ft. on the south line. MR. ROSENBERG: I think they want to put the hnuse on the dome part of the lot~ is that correct? MR. TERRY: Yes~ on the high spot. There is a valley in the center and it slopes up to the sides of the lot. TME. CHAIRMAN: Is there anyone who wishes to object to this application? Are there any other questions? (There was no response.) Resolution was offered by Mr. Gillispie,. seconded by Mr. Grigonis, and carried~ WHEREASthe application of Marion S. Ladds having been considered at Public Hearing No. 256 on March 10, 1960, Southold Town Board of Appeals -10- March 10, 1960 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 RESOLVED, that the application be'granted as applied for, for permission to reduce front yard setback on Lot No. 150 on Map No. 156, Nassau Point Club Properties, Inc. The Board of Appeals agrees with the reasoning of the applicant. Vote of the Board: and Mr. Grigonis. Ayes:- Mr. Gillispie, Mr. Rosenberg, PUBLIC REARING: 8=30 P.M., Appeal No. 257, previously scheduled for 8:00 P.M-, March 3, 1960, but postponed to 8:30 P.M., March 10, .1960. Upon application of Claudio Giovanelli, and Frederick L. Schultze, d/b/a G. ~ S. Service Station, Route 25, Gremnport, New York, for a special exception in accordance with the Zoning Ordinance, Article Iv, Section 400, Subsection 9 for permission to erect and maintain a public garage on property located on the south side of Route 25, Greenport, New York, bounded north by Main Road, east by Robert Brown, south by Railroad, and west by E. E. Johnson. Fee paid $15.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? LEFFERTS P. EDSON, ESQ., Southold, New Yo~: applicants. I represent the TRE CHAIRMAN: I believe this application should be amended by eliminating the words "and service station", since a separate application was made for the service station. Does that meet your approval, Mr. Edson2 MR. EDSON: That is all right with me. Southold Town Board of Appeals -11- March 10~ 1960 TRE CHAIRMAN: The sketch in the file shows the existing bus shop of Brown, the shop being 75 ft. from Route 25 and the office building 50 ft.~ the existing store of Johnson to the west is 45 ft. from Route 25. It is propsed to place this G. & S, Service Station between Brown and the store of Johnson, The depth of the G. & S. lot is 300 ft. by 200 ft. in width. The pumps will be located 15 ft. from Route 25. The garage will also have an automobile showroom. MP~ EPSON: The surrounding area will be consistent to have this business go in there. It is a kind of industrial area,, with the bus shop and lumber yard, and so forth. THE CHAIRMAN: I will read the restrictions which are listed in the agreement between Robert Brown and Claudio Giovanelli and Frederick Schultze which appears in the file: "Subject to the restriction-that no commercial building or structure shall be erected on said premises within 75 ft, .of the southerly line of the Main Road~ no major repair work shall be performed in the open; no automobile (s) or automobile parts, dismantled or damaged vehicles or similar articles shall be stored in the open in front of building(s) or structure(s); except that gasoline pumps and/or island pump installations~ and advertising signs, shall not be considered as structures subject to the above set-back restriction. How soon are they going to build? M/{. EDSON: I can't answer that. T~E CHAIRMAN: restriction. Will a year be enough? There is a time ~ EDSON: The more the better~ I am not familiar with the time schedule they have in mind. THE CHALRMA~: We have been cautioned against special exceptions or variances where there is no time limit at all. Things are always changing. M~. ROSENBERG: How about a year~ and have them come back to have it renewed. The reason for .the time limit is just so someone won't be able to hold the property and use it as a speculative purpose. CHAIRMAN: We don't want to cause anyone any undue trouble. Southold Town Board of Appeals ~2- March 10~ 1960 MP~ EDEON: satisfactory. The one year time limit ~wilt be entirely Resolution was offered by Mr. Gillispie~ seconded by Mr, Rosenberg~ and carried, WHEREAS application of Claudio Giovanelli and Frederick L. Schultze, d/~/a G. & S. Service S'tation, having been considered at Public Hearing No, 257 on March 10, 1960 and the Board finding t-hat the public convenience and welfare and justice will be served and the legslly established or permitted use of the neighborhood property will not be substantially or permanently injured and the spirit of the Ordinance will be observed, therefore be it RESOLVED that this application for a special exception be granted as applied for a public garage subject to the following =onditions: 1. No major repaLr work shall be performed in the open. Pumps, lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or highway, right-of~way, or property line. Ail fuel oil or similar substances shall be stored at least fifteen (15) feet distant from any street or lot line. No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted. Signs to be in accordance with Article IV~ Section 408~ of the Building Zone Ordinance of the Town of $outhold. Permission is granted for one year in which to apply for a building permit for this project. Vote of the Board: and Mr. Grigonis. Ayes:- Mr. Gil!ispie, Mr. Rosenberg~ Southold Town Board of Appeals -13- March 10, 1960 PUBLIC HEARING: 8~45 P.M., Appeal No. 264, originally scheduled for 8:10 P.M., March 3, 1960, but postponed to 8:45 P.M., March 10, 1960. Upon application of Claudio Giovanelli, and Frederick L. Schultze, d/b/a G. & S. Service Station, Route 25, Greenport, New Yonk, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 400~ Subsection 9, for permission to erect and maintain a gasoline service station on property located on the south side of Route 25, Greenport, New York, bounded north byMain Road, east by Robert Brown, south by Railroad, and west by E. E. Johnson. Fee paid $15.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspaPer. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? I believe the Board is familiar with the application for a public garage which was just read, and this is for the gasoline service station. LEFFERTS P. ED'SON, ESQ., Southold, New York: additional to add. I have nothing THE CHAIRMAN: Are there any other questions concerning the gasoline service station? Does anyone wish to speak against this application? ~ (There was no response.) Resolution was offered by Mr. Gillispie, seconded by Mr. Grigonis, and carried, WHEREAS, application of Claudio Giovanelli and Frederick L. Schultze, d/b/a G. & S. Service Station, having been considered at Public Hearing No. 264 on March 10, 1960, and the Board finding that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property will not be substantially or permanently injured and the spirit of the Ordinance will be observed, therefore be it RESOI~ED that this application for a special exception be granted as applied for a gasoline service station subject to the following Conditions: 1. No major repair work shall be performed in the open. Southold Town Board of Appeals -14- March 10~. 1960 Pumps~ lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or highway~ right-of-way~ or property line. Ail fuel oil or similar substances shall be stored at least fifteen (15) feet distant from any street or lot line. 4~ No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted. Signs to be in accordance with Article IV, Section 408, of the Building Zone Ordinance of .the Town of Southold. 6~ Permission is granted for one year in which to ~pply for a building permit for this project. Vote of the Board: Ayes:- Mr. Gillispie, Mr, Rosenberg, and Mr. Grigonis. PUBLIC HEARING: 8:50 P.M.,Appeal No. 258~ originally scheduled for 8:20 P.M., March 3~. 1960, but postponed to 8:50 P.M., March 10, 1960~ Upon application of H. J. Mit-chell~ Front Street,_ Greenport~. New York, for a special exception in accordance with the Zoning Ordinance~ Article IV, Section 408, for permission to erect and maintain a directional advertising sign on the land of Julia Wickham Estate, located on the north side of Route 25, Arshamomaque~ bounded north by Albertson Lane, southeasterly by Route 25, and west by CassidyFarm. Fee paid $15,00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. The Chairman also read letter of pez~uission signed ~y John Wickham. T~E~CHAIRFa%~: Is there anyone present who wishes to speak for this application? MP~ C~%PJ~ES BUMBLE, Greenport~ New York: I will speak for the application~ (Mr. Mitchell also appeared with Mr. Bumble.) Southold Town Board of Appeals -15- March 10, 1960 T~E CHAIRMAN: Where is the sign now? MR. BUMBLE: down~ Right on the ground. The S-tate made us take it MR. TERRY: co nstruction. Quite a few had to come down because of the road MR. MITCHELL: The sign was there about 20 years. THE CHAIRMAN: Signs are a continuing problem. We have wide- spread support on signs~ Actually we have evolved a set of rules relating to signs and call it "Suggested uniformprocedure." You are one in the group regarded as being in the public interest and convenience. I will read that section to you: "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 or service. Signs advertising types of business which provide food, and shelter for the public are deemed in the public interest and convenience." MR~ BUMBLE: We are just trying to put. up a sign that the State took down. THE CHAIRMAN: That is correct,, but Mr. Mitchell may wish to put up a sign in the future and other people in the room might be interested~ Is there anyone present who wishes to speak against this application? Are there any further questions? (There was no response. ) T~E CHAIRMAN: Where do you wish to put the sign exactly? MR. BUMBLE: It will be about 150 ft. back from where the original sign was. On the southwest corner of the lot on Route 25~ bordering Cassidy farah MR. TERRY: They cut that road at least 100 ft. into the field from the original location of the sign~ THE CHAIRM~: Are there any other questions? (There was no response.) Southold Town Board of Appeals March 10~ 1960 Resolution was offered by Mr. Grigonis, seconded by Mr. Rosenberg., and carried~ WHEREAS application of H. J. Mitchell having been considered at Public Hearing No, 258 on March 10, 19604' 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 RESOLVED that this application be granted for the relocation of an advertising sign on the land ofJUlia Wickham~Estate~. north side Route 25, Arshamomaque, which was previously located on the northwest side of Route 25 and removed by the State Highway Depart- ment when the road was changed. This sign is to be located at least 5. ft. from any property line. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Rosenberg~ and Mr. Grigonis. PUBLIC HEARING: 9:05 P.M., Appeal No, 259, originally scheduled for 8:30 P.M., March 3, 1960, but postponed to 9:05 P.M., March 1960. Upon application of Louis Komarek, a/c First National Bank, Greenport, New York, for a special exception in accordance with the Zoning Ordinance~ Article III~. Section 300~ Subsection 11~ for permission to erect and maintain a directional advertising sign on the northwest side of land of Edwin H.. King, south side of Route 27A4 Greenport, New York. Fee paid $15.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing with affidavit attest- ing to its publication in the official newspaper. The Chairman also read the letter from Edwin King which appears in the file~ THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MP. LOUIS KOMAREK, Vice-Pr.esident. First National Bank, Greenport~ New York: Our plans~, of course~, are to erect a dignified sign welcoming people to Greenport and also stating that .Greenport is the home of the First National Bank~ the oldest First National Bank on Long Island. There will be a'time lock which will cause the light to go on and shut off at specified times.. At Southold Town Board of Appeals -17- March 10, 1960 this t/me there is no thought of advertising anything except the bank name. THE CHAIRMAN: That describes the sign. What is the hard- ship? I think you heard the general requirements that guide us as far as sign applications are concerned. As far as I know of' there has been no exceptions, you must convince us that this is unique from others. MR. KOMAREK: We sell services. That is all we have to sell. It can be looked at more or less along the lines of a utility company. THE CHAIRMAN~ Generally a utility company has a monopoly on an area, where usually banks do not, and in this area there are other banks, and your corporation is privately owned just as any other business established in any other town around here so that the benefit you might derive from this sign would, while you are providing a service, go to the stockholders of the hank or to strengthen the bank or enhance it, and in that sense seems to be no different from any other business. MR. KOMAREK: This sign will be welcoming the people to Greenport. At the present time there is no where along the road proper identification for people arriving at Greenport. We are proud of the oldest National Bank. Also, on the reverse side of the sign we will thank them for coming and ask them to come back. THE CHAIRMAN= And you originally intended to welcome people to Greenport or was that an after.thought? MR. KOMAREK: That was our original intention. We know our competitors have signs with christmas clubs, home improvement loans, and so forth, that is not our thought. The First National Bank has been there 96 years. tHE CHAIRMAN: As I said before in the previous hearing, if there is anything we are supported on, that is on signs and we have had as many as 400 some odd signatures on one sign plus numerous civic organizations in opposition. We are permitted to interpret the Ordinance and our interpretation is as I read it to you, therefore it would seem to me it would be illegal for us to grant this application unless someone can show us why it would not be illegal. It would be my inclination to vote against it. $outhold Town Board of Appeals -18- March 10, 1960 MR. ROSENBERG~ Just what Mr. Gillispie said is the meat of t_he whole thing. If you are allowed to put up a sign of this type everyone is allowed to do so. There are plenty of signs telling people to go to Greenport. Actually you render no greater service than a man in the real estate or insurance business. The Chamber of Commerce has a more legitimate reason to request a sign. It is illegal to grant you a sign and deny someone else. There is nothing in any argument you can advance that permits you to have a sign and other fellows not to have a sign. The other signs are non-conforming and they must be removed in two years~ but that does not allow us to give you permission to put up signs, MR. KOMAREK: There is a motel sign~ a lumber company sign~ real estate sign, and several others. MR. ROSENBERG: The motel sign is o.k. The lumber company sign and the real estate sign must come down in two years. MR. KOMAREK: Suppose I advertise a product? MR. ROSENBERG: Only on your own property. MR. KOMAREK: What about our competitor~s signs? MR. ROSENBERGz They have to come down. T~E CHAIRMAN: This would be precedent setting to grant your sign. Basically you have referred to the fact your competitor has an advertising sign and you want to do something about it. We can go just so far afield and no further. MR. KOMAREK: We would not feel bad as long as no one else is permitted to do it, We would not want you to make a variance for us against someone else, Resolution was offered by Mr. Gillispie~ seconded by Grigonis, and carried~ WHEREAS application of LQuis Komarek~ a/c First National Bank of Greenport~. having been considered at Public Hearin~ No. 259 on March 10. 1960~ and the Board finding that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property will be substantially or permanently injured and the spirit of the Ordinance will not be observed~ therefore be it RESOLVED that this application be denied. The Board o F Appeals feels that granting this special exception would set a precedent. Southold Town Board of Appeals -19- March 10, 1960 Vote of the Board: and Mr, Grigonis. Ayes:_- Mr. Gillispie, Mr. RoseD_berg~ Mr. Eugene Mazzaferro~ Greenport~ New York~ appearedbefore the Board of Appeals for an informal discussion on behalf of the Catholic War Veterans Post No. 730, Mr, Mazzaferro stated that the Catholic War Veterans wish to operate a carnival in Greenport on the east side of Moores Lane on the property of L. Kalin Florist Shop, This carnival will only be run for one week which will be the 3rd week in July~ to raise funds for the non-profit organization. The size of the lot is 150 ft. on Moores Lane by 300 ft, in depth and they plan to erect a 4 ft. high snow fence around the lot to protect themselves and the adjoining property owners. Mr. Maazaferro was advised to file for a variance under Article II.~ Section 202~ for permission to operate a temporary amusement enterprise in an "A" District. Mrs. Grace Nld~.es~ Southold~ New ¥ork~ appeared before the Board of Appeals for an informal discussion relative to a piece of property she owns on the south side of the Main Road,s. Southold~ New York~ directly opposite the Southold Inn. Mrs. Nickles would like to erect a real estate office 11 ft. by 18 ft. on this piece of property which is zoned "A" Residential and Agricultural District. She presently has her office in her home which is located off the Main Road. Mrs. Nick!es was advised that her request would only be possible if she secured a change of zone to "B" Business District~. and the Board of Appeals has no power to change a zone. Her next move would be to apply to the Town Board for this change. The Board next held an informal discussion with Robert Preston and LaGrant Chapman, Greenport~. New York. The Board had received a letter from Mro Preston dated February 18, 1960 stating that it was his desire to sell parcels of land on Sterling Creek at Greenport 20 ft. by 75 ft. to be used as boat slips with no structures except a boardwalk dock. Mr. Preston was requested to appear before the Southold Town Board of Appeals -20- March 10~ 1960 Board so that the matter may be discussed further. At this time Messers. Preston and Chapman were advised that they wo~ld be un- able to divide this property into 20 by 75 ft. lots. Fir. Preston then asked the Board if they would go along with 14-75 ft. lots; 75 ft. on the street and taper/rig to 50 ft. on the Creek. He was advised, as long as they proposed the lots for the erection of dwellingS~ they would have to comply with the requirements of the Building Zone Ordinance~ which is 100 ft. frontage with 12,.500 sq. ft, per lot. However, if they had one or two undersized lots or odd shaped lots as a result of this division~ the Board of Appeals would be inclined to go along with it. Mr. Preston and Mr. Chapman stated that at the present time they were still undecided as to what they will do. The next meeting of the Southold Town Board of Appeals will be held 7:00 P.M., Thursday, March 24~ 1960, at the Town Clezk Office, Main Road~ Southold. At this same time there will be a joint meeting between the Board of Appeals,. Town Board and Planning Board. The minutes of the meeting of~Ebruary 29~ 1960,. on motion of Mr~ Gillispie, seconded by Mr. Rosenberg, and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. RoserfDerg~ and Mr. Grigonis. The meeting adjourned at 11:30 P.M. Respectfully submitted~ jSecretary