Loading...
HomeMy WebLinkAboutZBA-07/28/1960 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairmen Robert Bcrsen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. Southold Town Board of Appeals SOLITHOLD, L. I., N. Y. Telephone SO 5-2660 MINUTES SOU~HOLD TOWN BOARD OF APPEALS July 28~ 1960 A regular meeting of the Southold Town Board of Appeals was held 7230 P.M., Thursday~. July 28~ 1960 at the Town Clerk Office~ Main Road~. Southold, New York. There were present~ Messrs. Robert W. Gillispies Jr-s Chairman~ Robert Bergen, Herbert Ros.enberg~. and Charles GrigoniS, Jr. Also present: Mr. Howard M. Terry, Building ~nspectoro Abs.ent~ Mr. Serge Doyen. Jr. PUBLIC ~ARING: 7: 30 PwF~ (~ D. S. T. ), upon application of Walter Kessler, Pike Street,. Mattituck, New York, for recognition of access in accordance with State of NeW York Town Law Section 280A. Location of property: private road known as Maple Avenue off the east side Grand Avenue, Matt ituck ,: New York,.. bounded north by Maple Avenues east by land now or formerly of Frances H. White~ south by Long Creek, and west by now or 'formerly of John Muttitt. No fee - access. The Chairman opened the hearing by reading notice of Southold Town Board of Appeals July 28, 1960 disapproval issued by the Building !nspector~~ application for a Variance~ legal notice of hearing and its publication in the official newspaper. T~E CHAIRMAN: Three of the members of the Board went up and looked at this~ and we are pretty familiar with it. We have a map here in the file that describes it, Our impression of this right-of-way is that it is very good. Is there anyone present who washes to speak for this appli- cation? WILLIA~WICKHAM, ESQ,~ Ma%tituck, New York: Since the filing of~the application it has been determined by survey that this is a 31 ft. right-of-way instead of 30 ft. This right-of-way was laid out by John Muttit in 1937. He was the owner of most of that acreage. I do not want to repeat what has been said in the appli- cation, but I would hate to see that right-of-way changed at the present time for the reason that it is very pretty with all Maple trees along it that had been laid out by Mr. Muttit and which measure about one foot in diameter. T~E CHAIRMAN: He sold some of the lots on this right-of-way? MR. WICFJ~%~4: ~e .didn't actually sell them~ he left them in his will to members of his family. This is the first one with any proposed building on the right-of-way. THE CHAIRMAN: in the deed? The right-of-way~. I presume, is described MP~ WICKF~M: It is described in the deeds, yes. Mr.. Kessler actually owns to the center of the right-of-way and has access to Grand Avenue. THE CHAIRMAN: Is there anyone else present who wishes to speak forthis application? (There was no response.~ THE CHAIRMAN: Is there anyone present who wishes to speak against this application? X~here was no re~nse.) Southold Town Board of Appeals -3~ July 28, 1960 Resolution was offered by Mr. Rosenberg, seconded by Fir. Grigonis~ and carried, ~ application of Walter Kessler having been considered at PubliC Hearing No. 287 on July 28,... 1960, and the Board finding that strict application of the Ordinance would produce undue hardship because there is no other access to this property other than the 31 ft, right-of- way running east from Grand Avenue. The situation is unique and would not be shared by all properties alike in the immediate vicinity because most of the residences in the neighborhood front on Grand Avenue which is a public highway, The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially or perm- anently injured and the spirit of the ordinance would be observed because there are few lots fronting on this right-of-way and therefore there would be a' small number of uses. The property will be used for residential purposes in keeping With the neighborhood, therefore be it RESOLVED that this application be granted as applied for permitting access over a 31 ft. right-of--way running ~ast from Grand Avenue. Right-of-way described as follows: Running east from Grand Avenue~ on the South of the right-of-way: Fred Franke~ John Muttit~ Martin & Paul Suter, Walter Kessler. Running east from Grand Avenue~ on the North of the right-of-way: Martin & Paul Surer and Armbrust. Vote of the Board: Ayes:- Mr~ Gillispie,. Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The minutes of the meeting of July 21~ 1960, on motion of Mr. Rosenberg~ seconded by Mr. Bergen, and carried~ were approved as submitted. Vote of the Board: Ayes:- Mr. Giliispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals July 28, 1960 PUBLIC HEARING: 8:00 P-M. (E.D~T.), upon application of Bridle & Stephen Hornick, 119 Holiday Boulevard, Center Moriches~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~. Section 300, Subsection 1~ for permission to use property as a two family dwelling. Location of property: north side Skippers Lane~ Orient, New York~ bounded north by Allen A. Mille, east by Phoebe Way~ south by Skippers Lane, and west by Rhoda S. ~Isch. Fee paid $15.00. The Chairman opened the hearing by reading notice of 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: I think most of the Board is familiar with this property. Three of us went down to look at it and I have known personally the people who lived in the house years ago and have been in it. It is a large house. At this time we would be glad to hear from anyone present who wishes to speak for this appl icat i0n. MR. STEPHEN HORNICK# 119 Holiday Boulevard, Center Moriches, New York: The application speaks for itself. I would like to have a two family residence. THE CHAIRMAN: I believe you came in and talked to us last fall informally~ and at that time you said you thought of making it a three family dwelling, is that right? MP. HORNICK: Yes~ at that time we thought of three families. We had previously thought of four. THE CHAIRMAN: At that time we told you of the procedure for applying for an "M" Multiple Residence District and advised you to go to the Town Board for a change of zone to "M" District, which permits three and four apartments and I believe that was done, is that correct? MRS. HORNICE: yes. I applied for a change of zone to "M" and the Town Board said if I had permission of the Board of Health, and the Board of Health said it would be all right if I put in another cesspool and I said I would. I then went back with all the papers and after a while I heard 'that the Planning Board had turned it down.. Southold Town Board of Appeals --5- July 28, 1960 THE CHAIRMAN: You are talking of a three family use. you are thinking of a two family use? Now MRS. HORNICK: That is right. THE CHAIRMAN: Are you going to live in part of it? MR. HORNICK~ Yes~ we. are going to use it for summer use. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Heal th ? Have you discussed this with the Board of MRS. HORNICK: Yes~ we have. THE CHAIRMAN: Two families is all right with them? MRS. HORNICK: Yes, I have a letter from them saying so. THE CHAIRMAN: We have.reviewed the history of this property and now we would be glad to hear from anyone present who wishes to speak againstthis application. MRS.'ANDREWJ* ASCH~ Skippers Lane, Orient, New York: Mrs. Asch read a prepared statement, stating that her objection is to making the former ~eybine residence into a two and possibly a three family multiple dwelling, She stated that the property has only a 60 ft. frontage and the property between the neighbors house is only 10 feet. It was stated that the fire hazard is much greater in a multiple residence and the facilities for cooking in a small room cannot be adequate and constitutes a hazard as there would be no supervision by the owners. Mrs. Asch stated that if it is intended for a winter occupancy the fire hazard is greater and if summer occupancy only~ it does not correct the housing shortage. It was pointed out that th.e neighborhood does not lend itself to an operation of this type as all the homesteads have had the same families for 50 to 100 years. Mrs. Asch stated that it is her opinion that if the Reybines had known what these people intended they~0uld never have sold the house, as Skippers Lane is not a business street. Southold Town Board of Appeals -6- July 28~ 1960 THE CHAIRMAN: There are several things brought out that I believe you would never have said had you not been reading a prepared statement. 'A multiple residence is more than two families. This application has been reduced to two families. The fire hazard is reduced by reason of the fact these people expect to have just summer occupancy. On the point you bring out about supervision, Mr. and Mrs. Hornick intend to live in this house themselves. Also~ what the Reybines may or may not have done is an item we Cannot consider. The house was sold to Mr. and Mrs. Hornick. In view of 'all these things I wonder if you might wish to withdraw any of the statement you read? MRS. ASCH: The one main thing is the short distance between the two houses. At one side at the point of the porch there is less than 10 feet and between our house there is less than 10 feet. MR. RALPH W. LATHAM~ Orient, New York: Mr. Chairman~ I think it would be well if yourepeatedyour previous statement about the history of the case~ as some of these people have come in late. THE CHAIRMAN: Mr. Hornick came in last fall to discuss with us, for his information, what might or might not be the attitude of the zoning authorities in the event he wanted to change the house he bought into a 'three family residence~ and we said it would have to be done by a .change of zone because that would constitute~ in our thinking, a multiple residence. More than two families would be an "M" zone and it is not permitted in a residential zone which this is. Mr. Hornick was advised the procedure would be to go to the Town Board and make an application to change this to Multiple Residence and tell them what he proposed to d°. All of this I understand was done and the matter referred to the Planning Board for the usual procedure. The Planning Board makes an investigation and reports to the Town Board whether or not they should make a change of zone. The Planning Board did not make a recommendation for a change of zone to "M" Multiple Residence District. Therefore the procedure which is left to Mr. Hornick is to come in here to ask for a variance to the Zoning Ordinance to permit this type of use and that I think is what you were speaking of when you asked me to repeat my statement. That is why Mr. Hornick-is here now. In the past when people have either inherited or bought or otherwise acquired a large residence or indicate a wish to change to two family residence we have usually acceded to the request. I believe the thinking of the Board is that as some of these large houses grew older there may be less and less demand for them and to be Southold Town Board of Appeals -7- July 28z 1960 permitted to have them somewhat productive as two family resi- dences rather than deteriorate as one family residences, is more satisfactory. Is there anyone else present who wishes to speak against this application? MISS ~T~N E. HARRINGTON~ Skippers Lane~ Orient, New York~ My sister~ Miss Harriet E. Bubert~ is ill and I have a statement she would like to. have me read. Miss Bubert~s statement indicated that she has lived on Skippers. Lane,~ Orient, for 18 years and during that time only one house has changedhands. Most of the houses are occupied by one and two persons who have owned and lived there for many years. A multiple residence would be out of character in the neighborhood ~d from her observation it would tend to deteriorate the value very quickly~ especially where the owner does not live there himself, Miss Bubert stated that Mr. ~ornick must have known the zoning laws when he purchased the property. She advised that she is a retired New York City school teacher and is living on a pension and the depreciation of her property would mean a real hardship, therefore it was urged that the petition be not granted. T~ECHA~: Is there anyone else present who wishes to speak against this application? IRVING I~ PRICE~ JR.,. ESQ.~ Greenport, New York: I appear on behalf of George R. Latham~. another neighbor, and I would like to close the objectors side~ if I could. Mr. George R. Latham lives on Skippers Lane, Orient. I would like, first~, to read a letter from Mr, Lathamaddressed to the Board of Appeals which he did not have time to mail~ "This letter is in reference to the application for a variance in the Zoning Law of Bridie and Stephen Hornick to ps rmit the use of their property on Skippers Lane~ Orient, as a two-family dwelling, "I am a property owner on this street and while. I plan to be represented at the hearing by my attorney, Mr. 'Irving L. Price~ Jr. I wish to call to the attention oE your Board the fact that these houses on this street are one-family dwellings except that owned by Miss Phoebe Way, who occupies one side of the house~_ and Mrs. Brown T~abor with her son~ the other - a total, of three persons in the one house. This arrangement has been in effect for some years. Southold Town Board of Appeals -8- July .28~ 1960 "Most of the houses on this Lane have been owned by their present occupants for long periods-of time. Mine, for instance, 40 years; Mr. Burton Rackett~ about 30 years; Mrs. Jula Tuthill, about 35 years; Mrs. Ethel Rackettm about 35 years; and that of Dr. and Mrs. Andrew Asch about 60 years. "The adoption of the Zoning Law by the Town was in my opinion a wonderful step in the right direction. If this variance is granted~ howevers, a precedent will have been established and similar applications would probably be granted. This, in effect, would defeat the purpose for which the Zoning Ordinance was adopted. "I h~reby request that the petition be denied. "Sincerely yours~ George R. Latham." MP. PRICE: First I would like to say that all dwellings on that street are zoned "A" Residential and Agricultural and among the permitted uses in Section 300 of the Zoning Ordinance are one family dwellings. Two family dwellings are only specifically mentioned in the Ordinance under Article IV, Section 400 entitled "B" BusineSs District, where two family and multiple dwellings are permitted, and I assume that the section under which the applicants move this Board for a variance is to Paragraph "B" Section 801-A of Article VIII~ THE CHAIRMAN: I believe the variance is to Article Section 300~ Subsection 1~. one family dwelling. MR. PRICE: They move under the section that gives the Board of Appeals the power and that is Paragraph "B" of' Section 801-A~ Article VIII. (Mr. Price quoted this .section from the Ordinance. ) My client~. Mr. George R. Latham~ lives across the street on the south side of State Street or Skippers Lane,. Orient, New York, south of the intersection of Oyster Ponds ~Lane~ and the premises of the applicant are on the north side of Oyster Ponds Lane, east of the premises of Dr. and Mrs. Asch, which is on the corner of Oyster Ponds Lane and Skippers Lane. We have pictures we would like to introduce in evidence. Objector's Exh~it I Photograph of the residence of' Dr. and Mrs. Andrew Asch. Southold Town Board of Appeals -9- July 28~. 1960 Objector's Exhibit Photograph' showing the closeness of the residences of Dr. and Mrs. Andrew Asch and Mr. and Mrs. Stephen Hornick. Objector's Exhibit III Photograph oft he residences of Mr. and Mrs. Stephen Hornick and Miss Phoebe Way. Objector's Exhibit IV Photograph of the residence of Miss Harriet E. Bubert. Objector's Exhibit V Photograph showing the residences of Mr. and Mrs. Stephen Hornick and Miss Phoebe Way. Obi ector as Exhibit VI Photograph showing the closeness of the residences of Mr. and Mrs. Stephen Hornick and Dr. and Mrs. Andrew Asch. Obi ector~s Exhibit VII Photograph from rear view showing the closeness of the residences of Mr. and Mrs. Stephen Hornick and Dro and Mrs..Andrew Asch. Objector*s Exhibit VIII Photograph of the residence of Mr. George P~ Latham. Objector's Exhibit IX Photograph showing the general character of the 'neighborhood.. As you well know, the Board of Appeals was set up virtually of the laws of the State of New York and by the Ordinance of the Town of Southold and Paragraph "B" of Section 801 sets forth under what conditions the Board of Appeals has the power to vary or modify such Ordinance and as with all laws they have been tested in the Courts,. and if it will please the Board I would like to review some of the Court decisions applicable to the matter at hand. First~ I would like to say that the Courts hold that the applicant must show~ and has the burden of proving~_ that there are practical difficulties or unnecessary hardships in the way of Southold Town Board of Appeals July 28~ 1960 carrying out the strict letter of these regulations so that the spirit of the Ordinance will be observed and the public safety and welfare secured and substantial justice done. I submit that the petitioners have not shown practical difficulties or unnecessary hardship and I submit he has not shown that the Ordinance will be observed and public safety and welfare will be substantially secured and in fact~ what is being asked for here is spot zoning. They are asking that the premises be rezoned to permit a two family house as though it were made a "B" district. I submit from the statement of Mrs. Asch and the statement of Miss Bubert that this neighborhood is generally made up of one family residences with one exception# which is a non-conforming use, and I submit that compared to other residential secti~s which are zoned residential and agricultural under the Town Ordinance, that one non-conforming use among all the dwellings in the district is very low. (Mr. Price cited several decisions in support of his thesis that a hardship had not been shown. ) If there is a hardship which is common to the whole neighbor- hood the remedy is to seek a change in the Ordinance itself, The petitioners cannot be heard to say there was an unnecessary hardship. It was one family when he bought it and he knew it was zoned one family and he still bought it. I respectfully request that this application be denied, T~E CHAIRMAN's Is there anyone else present who wishes to speak against this application? (There was no response.) THE CHAIRM3~: We have a petitiom here which .I will read. "PETITION "We~ the undersigned, residents of Skippers Lane, Orient~ Town of Southold~. Long Island~_ New York~ do hereby protest the application for a zoning variance by Mr. Hornick of Skippers Lane~. who desires to convert his single family dwelling into a multiple unit dwelling, We are the owners of single family dwellings and we feel that a multiple dwelling on this street would depreciate the value of our homes. We have lived here for many years and Southold Town Board of Appeals -11- July 28~ 1960 our parents befor.e us, and we do not desire at this time to change the character of the neighborhood. (SIGNED) 'Mr. and Mrs. Charles E. Webb Mrs. Agatha S, Cibell Dr. and Mrs. Andrew J. Asch Mrs. Ethel T. Rackett Harriet E. Bubert Helen E. Harrington Mrs. Lyle F. Tuthill Eugene J. McDonnell Don L, Stevens by Permission 7/26/60 Frank C. Stevens George R, Latham ~lizabeth E. Latham Burton C: Rackett by G. R. Latham authorized deputy." THE CHAIRMAN: There are any number of decisions which are in the legal record indicating that a Board of Appeals should not be influenced one way or another solely by reason of a petition. The purpose of a public hearing is to elicit any additional information that we did not know prior to the hearing. This is not a popularity contest and our decision will not~_ by law~. be influenced by a vote. As Mr. Price pointed out a favorable decision is made on an appli- cation for a variance as a result of an unusual hardship~ unique hardship and the proposal will not change the character of the neighborhood. Those are the conditions under which we can grant a variance under the Ordinance. A special exception is different. It is required of Us that we grant a special exception if the appli- cant meets certain special conditions which bear on the application. Is there anyone else present who wishes to speak against 'this application ? MR. EUGENE McDONNELL~.. Orient~ New York: I am in sympathy with the young couple but most of the people present have lived in the locality for years and if this couple had lived in the locality for years they would be in sympathy with the feelings of the local people. This is just a speculation deal and someone will come along after they have the privilege of overcoming the zoning there and someone will come along and offer a profit and good-by to Skippers Lane and the next person may be much more undesirable than the couple I am looking at now, THE CHAIRMAN: I do not believe that the matter of being Southold Town Board of Appeals -12- July 28~ 1960 influenced by a profit is exclusive to Mr. and Mrs. Hornick~ however, it has been upheld in the courts that a financial hard- ship is not one we .can consider here. MRS. AGATHA CIBELL, Skippers Lane~, Orient~ New York: think I have the most outstanding property on SkiPpers Lane and I have a great deal to lose..if this is granted. The minute you start to change the character of the street I might as well put a match to my property and let it go up in smoke. I am on the north side of Skippers Lane three houses west. THE CHAIRMAN: Anyone else ? MR. CHARLES WEBB~, Skippers Lane, Orient~ New York: In order to make it 100%~ I have a piece of property on Skippers Lane and I can concur in all the feelings that have been expressed~.so for the record I would 1/ke to add that to the list, MR. FRANK STEVENS~ Skippers Lane~ Orienta New York: I speak for myself as well as my fathera in that 20 some odd years ago we first came to Orient and decided to locate there because of the way of life which is shown by the type of dwellings which have been present over the ~ears. I might add from my experience in real estate that when there is a variance granted to change from single residence to multiple residence I have observed in a number of different communities there is a definite change in the complete outlook. We feel, very stren_gly, .th~at the charm that is present on Skippers Lane is one os the reasons we have lived ther.e for the past 20 odd years, so therefore we would like to say that we would like it to continue. MR. GEORGE LATHAM~ Skippers Lane, Orient~ New York: I would like to speak in reference to the petition. The reason was~ ther.e were some of the property owners who were unable to be her~onight. Mr. and Mrs. Burton C. Rackett and Julia Tuthillo THE CHA~: They all feel the same way? MRS. ASCH~ Yes, they do. THE CHAIRMAN: There will be a period of rebuttal~ Mr. and Mrs. Hornick, is there anything you would like to say in answer to the implications made by the people who are against this appli- cation? Southold Town Board of Appeals -13- July-28~ 1960 MRS. HORNICK: It is true we did not know it ~as such an established neighborhood, and we were told by the real estate people who said there were s~veral two family residences in the neighborhood. T.~R CHAIRMAn: There is a two family residence adjoining 'this house, is that correct? MRS. CIBELL: The reason why her house is converted into a two family house is that Miss Way is a cripple and these people~ Mrs. Brown Tabor and her son, live in that house as a one family unit as Miss Way cannot live in that house alone,~ and in order to give each individual a little privacy one lives on one side and one on the other side of the house~ but there is no other separation. THE CHAIRMAN: Does she rent to the Tabors? MRS. CIBELL: Yes~ but there are only three pegple living there. MR. HOWL%RD TERRY, Building Inspector: When I was making a check on the multiple residences some time ago and I was told that there were several people on the street that were taking boarders and paying guests~ including the Reybines. MRS. CIBELL: That is completely untrue. No one takes boarders on Skippers Lane. We do have our own house guests and relatives come to visit, but no paying guests. MR. PRICE: No one ~skes boarders~ that is hearsay. MRS.. HORNICK: We were told by the real estate agent that there were other two .family residences and we found that with the tremendous house two or three people cannot possibly maintain a 16 room house, There is only my one son~ my husband and myself. MR. HORN!CK: We were going to rent the other apartment to my wifets sister. THE CHAIRMAN~ That will be for the SlllF~]~er? MP~ HORNICK: YeS, They will be out next week and live with us as company in any case. They have been out before on a weekend. THE CHAIRMAN: Would any of the members of the Board like to $outhold Town Board of Appeals -14- July 28~ 1960 speak or ask any questions? (There was no response.) T~E CHAIRMAN~ The question of fire hazard has been mentioned and Mr. Grigonis is an expert in that field~ Mr. Grigonis~ what do you have to say about the fire hazard? MP~ GRIGONIS: There would be no more hazard with that house than any other along the street. The fact there will be people occupying the rooms would, in fact~ reduce the hazard of a fire starting unnoticed. T~E ~: Is there anything else? MR. PRICE: In light of the fact that rebuttal testimony is being received I would like to renew my motion that this application be denied on the grounds that no practical difficulty has been shown. THE CHAIRMAN: I will close the hearing and we will reach our decision sometime later this evening° Resolution was offered by Mr. Grigonis, seconded by Mr. RoSenberg~ and carried~ WHEREAS application of Bridle and Stephen Hornick having been considered at Public Hearing No. 293 on July 28, 1960, and the Board finding that strict application of the Ordinance would produce unnecssary hardship because the house is too large for one family needs, there is a two family dwelling adjoining and it is only a short distance to the "B" Business District or the Main Street of the village. The hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district because this'is the largest one family dwelling in this block~ the others are business uses, a two family dwelling and a single family dwelling. The variance does observe the spirit of the Ordinance and would not change the character of the district because the proposed use is residential. It is next to another two family dwelling and close to a business district~, so there would be no real change in the character of the neighborhood. By investigation and public hearing the Board determined the following facts pertinent to the decision: Applicant proposes to make a two family dwelling of an Southold Town Board of Appeals -15- July 284 1960 · existing unoccupied large dwelling and to occupy one apartment and to lease the other to an immediate relative, No alteration in the appearance of the building is contemplated. It is the opinion of this Board that this use of the property will not depreciate the neighboring residences but will, in fact~ tend to provide a reasonable solution of the problem of using a large old residence,, and that this use will tend rather to conserve local values. Mr. Hornick, as a matter of fact, is presently engaged in renovating the property. The fire hazard will not be materially increased~ nor will the proposed use vary in any important particulars from the present use of the Way property adjoining to the east and presently used by two families. In considering the proposal to make the property an "M" Multiple Residence District the Planning Board, while not recommending the application due to the lot size and for other reasons~ suggested the two family use as a reasonable solution. The Town Board concurred in this recommendation. It should be pointed out here that the Hornick property consists of a parcel of land having a frontage of 66 feet on Skippers Lane by a depth. of 179 feet. There is erected on the property a building more than 50 years old of 16 rOoms,, by. Mrs. Hornick~s testimony, The property in question is located 65 feet from the "B" Business zone to. the east and the property separating the Hornick parcel from the existing Business zone is p~esently occupied as a two family residence. Said Business zone includes a barber shop~ confectionary, post office, grocery store~ and a Mechanics Lodge Mall, and~ in addition, bisects the Bubert property which is diagonally across Skippers Lane from the Hornick parcel. The Board finds that this use would be inharmony with the spirit, intent and general purposes and would not disturb the tenor of the neighborhood. As a .matter of fact, appellants propose to occupy a part of the house for their own use and the .remainder for the occupancy of their relatives for seasonal'use. It was pointed out iht he public hearing that the residents of Skippers Lane frequently have house guests, consequently the proposed use of the Hornick property would be essentially of the same character. Southold Town Board of Appeals -16- July 28, 1960 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 adjacent use districts would not be substantially or permanently injured and the spirit of the Ordinance would be observed~.. THEREFORE BE IT RESOLVED that this application be granted as applied for. Vote of the Board: Ayes:- Mr. Gillispie, Fir. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. The Board of Appeals received a letter from Mr. William S. Midgley, Jr., Captain~ Cutchogue Fire Department, Cutchogue~ New York, requesting permission to display advertising posters adverti- sing the 4th Annual Chicken Barbecue to be held August 27th, 1960, The would like to post approximately 30 posters and will taken them down the day after the barbecue:. The following resolution was offered by Mr. Bergen, seconded by Mr. Grigonls, and carried: The Board of Appeals grants permission to William S- Mtdgley, Jr4, Captain, Cutchogue Fire Department,.. Cutchogue, NeW York, to place approximately 30 posters on the Main Road and in stores in the CUtchogue Fire District from the 1st of August 1960 to the 27'th of August 1960~. a period of approximately 27 days. These posters to advertise the 4th Annual Chicken Barbecue. In the letter requesting permission from Mr. Midgley it was agreed to remove these posters the day after the barbecue. Itis specifically forbidden to place these posters on utility poles or on private property without permission. Vote of the Board~ Ayes:- Mr. Gi!lispie, Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. On motion of Mr. Grigonis~. seconded by Mr. Rosenberg~ and carried, it was RESOLVED that 7:30 P.M. (E.D.S.T.), Tuesday~ August 9~ 1960~. Town Clerk Office, Main Road~ Southold~ New York to be set as time and place for hearing upon application of Joseph Deerkoski, Oregon Road~. Mattituck~ New York~ for a variance Southold Town Board of Appeals -17- July 28, 1960 in accordance with the Zoning Ordinance~ Article II~ Section 202 and Article X~ Section 1007, Subsection E~ for permission to reconstruct a non-conforming building. Location of property: south side Oregon Road~ Mattituck~. New York,. bounded north by Oregon Road, east by Daniel .Ruthinoski~ south by Joseph Zuhoski, and west by Joseph Zuhoski. Vote of the Board: Ayes:-- Mr, Gillispie, Mr. Bergen, Mr.' Rosenberg~.. and Mr. Grigonis, Resolution was offered by Mr. Bergen~ seconded by Mr. Grigonis~ and carried,, setting 7:45 P.M. (E.D.S~ T. ), Tuesday, August 9~ 1960~ Town Clerk Office~ Main Road~ Southold~ New York as time and place for hearing upon application of Kurt O. Gronau, Reydon Shores~ Southold, New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303 and Ar~tiele X, Section 1000A~ for permission to divide property into .two lots. Location of property: Lots 20 through 24 inclusive, Grove Drive~ Reydon Shores~. Southold~ New York. Vote of the 'Board: Ayes:- Mr.. Gillispie#.~ Mr. Bergen,Mr. Rosenberg,. and Mr. Grigonis. On motion of Mr. Grigonis~ seconded by Mr. Rosenberg~.. and carried, 'it was RESOLVED that the Board of Appeals set 8:00 (E.D..S.T~)~ Tuesday~ August 9,. 1960~ Town Clerk Office, Main Road Southold, New York, as time and place for hearing upon application of Charles and Florence Ziegler, Bay Avenue, East Marion,. New York~ for a special exception in accord_ance with the Zoning Ordinance~._ Article IIIA, Section 360,. Subsection 2~ for permission to erect and maintain an advertising sign on the property of Charles and Florence Ziegler, Bay Avenue~ East Marion~ New York, bounded north by W. W. Waskburn~_ east by Krancher~ south by Marion Lane, and west by W. W. Washburn. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Rosenberg~. and Mr. Grigonis Resolution was offered by Mr, Rosenberg~ seconded by Mr. Bergen, and carried~ setting 8:15 P.M. (E.D.S.T.)~ Tuesday~ August 9,. 1960~ Town Clerk Office~ Main Road, Southold~ New York as time and place for hearing upon application of Robert Preston~. Middleton Road, Greenport, New York, a/c William Ubbins~ for recognition of access in accordance with State of New York Southold Town Board of Appeals -18- July ~8, 1960 Town Law Section 280A. Location of propertyz Private right-of- way off south side Main Road~ Greenport,. New York,. bounded north by Robert H. Preston & ors. east by Gull Pond~ south by Robert H. Preston & ors. and west byprivate-right-of-way. Vote of the Board: Ayes~ Mr. Gillispie~ Mr, Bergen~ Mr. Rosenberg, and Mr. Grigonis. It was further RESOLVED that legal notice of hearings be published in the official newspaper under date of August 4~ 1960. Vote of the Board: AyeS:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg~ and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, August 4~ 1960 at the Town Clerk Office, Main Road,. Southold, New York. Meeting adjourned at 10:30 P.M. Respectfully submitted, Judith T. Boken Secretary