HomeMy WebLinkAboutZBA-06/01/1961Southoid Town Board of Appeals
SOUTHOLD, L. I., N. Y.
Telephone S05-~6d0
APPEAL BOARD
MEMBERS
Robert W. Gillispi¢, Jr., Chelrman
Robert Bergen
Herbert Rosenberg
Charles Gregonis, Jr.
Serge Doyen, .Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
June 1, 1961
A regular meeting of the Southold Town Board of Appeals
was held 7:30 P.M., Thursday, June 1, 1961 at the Town Clerk
Office, Main Rood, Southold, New York.
There were present: Messrs. Robert W. Gillispie, Jr.,
Chaix~man, Robert Bergen, Herbert Rosenberg, and Charles
Grigonis, Jr.
Absent: Mr. Serge Doyen, Jr.
PUBLIC HEARING: Appeal No. 376 - 7:30 P.M. (E.D.S.T.),
upon application of A. V. Roche, a/c Shell Oil Company, P. O.
Box 412, Babylon, New York, for a special exception in accord-
ance with the Zoning Ordinance, Article X, Section 1007, Sub-
section A, for permission to erect and maintain ground sign
with reduced setback and increased height. Location of property;
south side Route 25, Greenport, New York, bounded north by Main
Road, east by Cleaves Point Corp., south by Robert Preston and
west by Ernest Wiggins. Fee paid $15.00.
Southold Town Board of Appeals -2-
June 1, 1961
The Chairman opened the hearing by reading application for
a special exception, legal notice of hearing and affi~_avit attest-
ing to its publication in the official newspaper.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. A. V. ROCHE, Shell Oil Company: In accordance with the
applicatlonwe request ~his variance because if we comply with the
height regulations it would be a possible hazard from trucks
hitting the sign because of the present day height of trucks.
THE CHAIRMAN: What is the top height?
MR. ROCMR: Most places we maintained a minimum of 12 ft.
to the lower edge of the sign but that is past because some of
these trucks today are 12 ft. 6 in. The Company now has a
standard pele which will bring the sign 14 ft. to the lower edge.
THE CHAIRMAN: In the drawing for this particular station
it shows 6 ft. from the street line, is that correct?
MR. ROCHE: I just found out yesterday when Mr. King, the
owner of the property, showed me a copy of his deed and the sign
base is in 12 ft. from the property line and from the embankment
it is 15 ft.,so it clears the Town requirements as far as setback
is concerned.
THE CHAIRMAN: Then you would only need a special exception
for the height. The Board is in agreement that the extra height
is advisable.
Is there anyone else present who wishes to speak for this
application?
(There was no response.)
THE CHAII~4AN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
The Board of Appeals finds that the additional height for
the erection of the Shell Oil Company ground sign giving 14 ft.
clearance from the ground level would be advisable as a safety
Southold Town Board of Appeals -3-
June 1, 1961
factor due to the height of the present day trucks using the
premises.
The Board further finds 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 sub-
stantially or permanently injured and the spirit of the Ordinance
will be observed, 'therefore
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that A. V. Roche a/c Shell Oil Company be granted
permission to erect and maintain ground sign 21 ft. in height,
lower edge 14 ft. above ground level, and entire sign to be
5 ft. from any property line. Location of property: south
side Route 25, Greenl~rt, New York, property of Charles King.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
PUBLIC HEARING: Appeal No. 377 - 7240 P.M. (E.D.S.T.),
uI~n application of ~ V. Roche, a/c Shell Oil Company, P. O.
Box 412, Babylon, New York, for a special exception in accord-
ance with the Zoning Ordinance, Article IV, Section 408, for
permission to erect and maintain ground sign with reduced
setback and increased height. Location of property: southeast
side Route 25, Southold, New York, bounded north by Main Road,
east by J. DePaz, south by Millis Bailey and west by Millie
Bailey. Fee paid $15.00.
The Chai~-man opened the hearing by reading application for
a special exception, legal notice of hearing and affidavit attest-
to its publication in the official newspaper.
THE CHAIRMAN: Is there anyone present who wi~hes to speak
for this application?
MR. A. V. ROCHE, Shell Oil Company: If we turn the sign
around the opposite way it is now part of it would be hidden
by the service station building. This property has a very narrow
frontage. The old sign was hanging out over the highway.
Southold Town Board of Appeals -4-
June 1, 1961
THE CHAIRMAN~ Are you sure it will not hang over the
highway line?
MR. ROCHE~ No, the contractor said the sign clears the
highway by 6 inck~s.
MR. ROSENBERG~ Did you make the sketches in the application?
MR. ROCk, E: No, Mr. Terry did. I think he measured the
location.
THE CHAIRMAN~ Is there anyone present who wishes to speak
against this application?
(There was no response.)
The Board finds that the additional height for the erection
of the Shell Oil Company ground sign giving 14 ft. clearance from
the ground level would be advisable as a safety measure due to
the height of present day trucks using the premises. Further,
the reduced setback is necessary because of the abreviated front
yard of this station, there being only 11 ft. between the front
property line and the front of the service station building.
The Board also finds 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
On motion of Mr. Gillispie, seconded by Mr. Grigonls, it was
RESOLVED that A. V. Roche, a/c Shdll Oil Company be granted
permission to erect and m~intain ground sign 21 ft. in height and
lower edge 14 ft. above ground level. This sign shall be located
5 ft. from the easterly property line and at least 6 inches from
the northerly property line. No part of this sign shall overhang
the northerly property line. Location of property: southeast
side Route 25, Southold, New York, Premises of Shell Oil Company.
Vote of the Board= Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
Southold Town Board of Appeals -5-
June 1, 1961
PUBLIC ~%RING: Appeal No. 378 - 7~50 P.M. (E.D.S.T.),
upon application of A. V. Roche, a/c Shell Oil Company, P. O. Box
412, Babylon, New York, for a special exception~ accordance with
the Zoning Ordinance, Article IV, Section 408, for permission to
erect and maintain ground sign with reduced setback and increased
height. Location of property: north side Route 25, west side Peconic
Lane, Peconic, New York, bounded north by A. Cierach, east by S.
Cierach, south by Route 25, and west by Peconic Lane. Fee paid
$15.00.
The Chairman opened the hearing by reading application for
a special exception, legal notice of hearing and affidavit attest-
ing to its publication in the official newspaper.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. ~ V. ROCHE, Shell Oil CompanY$ The variance as shoNn
on the application will eliminate possible accidents. We request
that we be l~rmitted to extend this sign towards the front property
line.
MR. ROSENBERG~ Is the sign up?
MR. ROCHE: Yes, the sign and pole is up.
THE CHAIRMAN: Why were the signs put up before receiving
permissiON?
MR. ROCHE~ My instructions to the contractors were to contact
Mr. Terry, the build~g inspector. The contractor spoke to Mr. Terry
and said we were going to replace the existing signs and he told
the size of the signs and Mr. Terry said they were within the reg-
ulations, but the contractor forgot to mention the height of the
sign would be 21 ft., so they proceeded to go to work. They got
the signs in before Mr. Terry got out to see them.
THE CHAIRMAN~ If the sign is 14 ft. high it will clear the
vision on the corner, but we cannot allow it to face closer to the
property line than 5 ft. If you swing it around to the north it
will comply.
MR. ROACHE~ If we swing it around the building east of it
would blbck of the view.
$outhold Town Board of Appeals -6-
June 1, 1961
THE CHAIRMAN= Mr. Rosenberg and I took pictures of each
of these stations and we have a picture of this station approach-
ing it from the east. The Vail building would not obstruct the
visibility of the sign.
else
Is there anyone/present who wishes to speak for this appli-
cation?
(There was no response.)
T~E C~AIRMAN= Is there anyone present who wishes to speak
against this application?
(There was no response.)
The Board finds the additional height for the erection of the
Shell Oil Company ground sign giving 14 ft. clearance from the ground
level would be advisable as a safety measure due to the height of
present day trucks using the premises.
The Board further finds 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 pe&m-
anently injured and the spirit of the Ordinance will be observed,
therefore,
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that A. V. Roche, a/c Shell Oil Company be granted
permission to erect and maintain ground sign 21 ft. in height and
lower edge 14 ft. from the ground level. This entire sign shall
be located at least 5 ft. from any property line. Location of
property= north side Route .25 and west side Peconic Lane, Peconic.
Premises of Shell Oil Company.
Vote of the Board= Ayes=- Mr. Gillispie, Mr. Bergen, Mr.
Bosenberg, and Mr. Grigonis.
PUBLIC ~ARING~ Appeal No. 379 - Upon application of A. V.
Roche, a/c Shell Oil Company. Box 412, Babylon, New York, for a
special exception in accordance with the Zoning Ordinance, Article
IV, Section 408, for permission to erect and maintain ground sign
with reduced setback and increased height. Location of property~
Southold Town Board of Appeals -7-
June 1, 1961
north side Route 25 and west side Depot Lane, Cutchogue, New York,
bounded north by Alex Danowski, east by Depot Lane, south by Route
25, and west by James Wickham Est. Fee paid $15.00.
MR. A. V. ROCHE, Shell Oil Company~ I would like to with-
draw this application due to the fact if the sign were hung facing
in or out it would not ~ake any difference. The conditions with
trees are so bad that it would not m~ke any difference. We do
not even need the height. I think we will put up a lower type
ground sign.
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it
was
RESOLVED that Appeal No. 379, Shell Oil Company be withdrawn
without prejudice to future applications.
Vote of the Board= Ayes~- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
PUBLIC ~RARING~ Appeal No. 380 - 8~10 P.M. (E.D.S.T.), upon
application of A. V. Roche, a/c Shell Oil Company, P. O. Box 412,
Babylon, New York, for a special exception in accordance with the
~oning Ordinance, Article IV, Section 408, for pe~mission to erect
and maintain ground sign with increased height. Location of prop-
erty: Hamilton Avenue and WickhamAvenue ( County Route 27A),
Mattituck, New York, bounded north by Zimnoski, east by Wickham,
Avenue, south by County Route 27A, and west by other ]a~d of H. R.
Reeve, Inc. Fee paid $15.00.
The Chairman opened the hearing by reading application for a
special exception, legal notice of hearing and affidavit attesting
to its publication in the official newspaper.
T~E CHAIRMAN~ Is there anyone present who wishes to speak
for this application?
MR. A. V. ROCk, Shell Oil Company; This application is
requested to eliminate possible accidents due to the construction
of the present day trucking equipment.
~ CHAIRMAN~ ~here would you erect this sign, on the corner?
Southold Town Board of Appeals -8-
June 1, 1961
MR. ROCHE: No, sir, it would be 30 ft. from Wickham Avenue
and 6 ft. from Hamilton Avenue and it will be hung facir~ inside.
THE CPL%~MAN~ Is there anyone present who wishes to speak
against this application?
(There was no response°)
The Board finds the additional height for the erection of the
~ell Oil Company ground sign giving 14 ft. clearance from the
ground level would be advisable as a safety measure due to the
height of present day trucks using the premises.
The Board further finds 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 perma-
nently injured and the spirit of the Ordinance will be observed,
therefore
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that A. V. Roche, a/c Shell Oil Company be granted
permission to erect and maintain ground sign 21 ft. in height and
lower edge 14 ft. from the ground level. This entir~ sign shall
be located at least 5 ft. from the property line. Location of
property= Hamilton Avenue and Wickham Avenue (County Route 27A),
Mattituck, New York.
Vote of the Board~ Ayes=- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
PUBLIC ~;~RING~ Appeal No. 381 - 8220 P.M. (E.D.S.T.), upon
application of A. V. Roche, a/c Shell Oil Company, P% O. Box 412,
Babylon, New Y~rk, for a special exception ~ accora~nce with the
Zoning Ordinance, Article IV, Section 408, for permission to erect
and maintain ground sign with reduced setback and increased height.
Location of property~ south side Route 25 and Old State Road and
Bray Avenue, Laurel, New York, bounded north by Route 25, east by
Della chew, south by Old Road and west by Old Road and Main Road.
Fee paid $15.00.
Southold Town Board of Appeals -9-
June 1, 1961
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?
MR. A. V. ROCk, Shell Oil CompanY; This variance is also
requested to eliminate possible accidents due to the height of
present aay trucks.
THE CHAIRMAN: In your appl~ ation you indicate you wish to
install the sign pole 15 ft. from apex of the triangle. That was
amended to 20 ft. when you spoke to us before, is that correct?
MR. ROCHE: Yes, it will be at least 20 ft. back.
THE CHAIRMAN: This will be a rotating circular sign?
MR. ROCHE: Yes, with the same dimensions as the hang-out
sign.
THE C~AIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
The Board finds that the additional height for the erection
of the Shell Oil Company ground sign giving 14 ft. clearance from
the ground level would be advisable as a safety measure due to the
height of present day trucks using the premises.
The Board further finds that the public convenience and welfare
and justice will be served and the legally established or pe£mitted
use of neighborhood property will not be substantially or pez~ma-
n~ntly injured and the spirit of the Ordinance will be observed,
therefore
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that A. V. Roche, a/c Shell Oil Co~,,pany be granted
permission to erect and maintain ground sign 21 ft. in height and
lower edge 14 ft. from the ground level. The location of this
sign is to be at the triangle of this property, no closer than 1 ft.
to any property line and at least 20 ft. from the apex of the triangle.
$outhold Town Board of Appeals -10-
June 1, 1961
Vote of the Boards Ayes~- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
The Board of Appeals received a letter from Alfred Goldsmith,
Eagle Hook & Ladder Co., Southold Fire Department requesting
permission to put up posters advertising a block party throughout
Southold fire district at various locations on trees, etc. Also,
one larger sign in front of the fire house. The signs would be
up from about June 7th to July 8th at which time they would be
taken down.
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it
was
RESOLV~ that the Board of Appeals grant permission to
Alfred Goldsmith, Eagle Hook & Ladder Co., Southold Fire Depart-
ment, to place approximately 50 posters on the Main Roads and in
stores in the Southold Fire District on the 7th of June 1961 tb
the 8th of July, 1961, a period of approximately 32 8~ys. These
posters will advertise a block party. In the letter requesting
permission by Mr. ~oldsmith it was agreed to remove these posters
as soon as possible after July 8th. It is believed this is in
the public interest.
It is specifically forbidden to place these posters on
utility poles or on private property without pez.~ission.
Vote of the Board~ Ayes=- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
The minutes of the meeting of May 25, 1961, on motion of
Mr. Gillispie, seconded by Mr. Bergen, were approved as submitted.
Vote of the Boards Ayes~- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
PUBLIC HEARING~ Appeal No. 375 - 8=45 P.M. (E.D.S.T.),
upon application of Mattituck Merchants Association, Love Lane
and Pike Street, Mattituck, New York, for a special exception
in accordance with the Zoning Ordinance, Article V, Section 502,
Southold Town Board of Appeals -11-
June 1, 1961
for permission to erect and maintain directional sign on industrial
property of Mattituck Oil Corp., Luther Road and Mattituck Creek,
Mattituck, New York. No fee required - non-profitttax exempt
organization.
The Chairman opened the hearing by reading application for a
special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspaper, and letter of per-
mission from the property owner.
THE CHAIRMAN~ Is there anyone present who wishes to speak
for this application?
MR. ALOIS J. LUTZ~ Chairman, Mattituck Merchants Association,
Love Lane and Pike Street, Mattituck, New York~ If the sign is
too excessive it can be cut down. It will be facing the Sound on
an oil tank in Mattituck Creek. We feel it is necessary to direct
the people down the creek. The boats get as far as the Anchor Inn
or Old Mill and think that is as far as they can go.
close
THE CHAIRMAN~ How/can they get to the shopping center by boat?
MR. LUTZ~ Approximately 500 ft.
THE CHA/I~4AN~ Is there anyone present who wishes to speak
against this applicatioR'?
(There was no response.)
The Board finds that the erection of a sign directing transient
boats and yachts to the Mattituck Shopping Center is necessary and
will be helpful to the travelers. It has been detexmined that ap~rox-
imately 70 boats visit Mattituck Creek over a weekend during the
summer months. This sign would direct them to the location of
facilities for securing supplies and other services.
The Board Finds 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 perma-
nently injured and the spirit of the Ordinance will be observed,
therefore
On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was
Southold Town Board of Appeals -12-
June 1, 1961
RESOLV~ that Mattituck Merchants Association be granted
permission to erect and maintain directional sign on oil tank
of Mattituck Oil Corp., Luther Road and Mattituck Creek, Mattituck,
New York. Size of this sign to be 10 ft. in height by 12 ft. in
length with the wording: "Nelcome, Mattituck Shopping Center,
2 mi. ahead." This sign is larger than normally permitted so
that it will be effective, due to the fact it is on a convex
surface and has to be visible from a considerable distance over
the water.
Vote of the Board: Ayes=- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
PUBLIC B~.ARING= Appeal No. 383 - 9~00 P.M. (E.D.S.T), upon
application of Julius Zebroski, Bay View Road, Southold, New York,
a/c Leslie Gazzola, 1170-81 street, Brooklyn 28, New York, for
recognition of access in accordance with State of New York Town
Law Secti on 280A. Location of property~ private right-of-way,
so~th side Bay View Road, Southold, New York. Property bounded
north by private road, east by A. J. Gazzola, south by Canal, and
west by private road and Zukas. No fee necessary - access.
The Chairm~n opened the hearing by reading application for
x~cognition of access, legal notice of hearing and affi~_avit
attesting to its publication in the official newspaper.
THE C~AIRMAN~ The access which is requested to the Leslie
Gazzola lot is the most southerly lot on the west boundary of
this property.
Is there anyone present who wishes to speak for this application?
MR. JOSEPH SNRT.?.RNBERG, Southold, New York: I am appearing for
the applicant as his attorney. This is a request for access. The
property is adjoining a large area sold off completely prior to the
enactment of the Zoning Ordinance. The parcels adjoining are completely
developed with su~u~er cottages. There are two other right-of-ways
there, one of whic~ is not toodesirable in the winter. There is an
element of hardship. He has four lots on the right-of-way with w~ich
we are concerned, one is the lot for which we are applying. There
are three lots on the other side which will be affected by the other
application. He is applying for Gazzola which is the back lot.
Southold Town Board of Appeals °-13-
June 1, 1961
MR. RO~RNRRRG~ When was this lot sold?
MR. SN~.?.RNBRRG~ Approximately 1½ years ago.
MR. ROSENBERG~ Do you have the deed to this parcel?
(Mr. Snellenberg produced a copy of the deed.)
MR. ROSENBERG= He is applying for a somewhat larger piece
of property than Mr. Gazzola has. How can he do that?
MR. SNE?.?.WNBERG~ Mr. Zebroski is the contract vendee of the
parcel.
MR. ROSENBERG~ The only thing he can apply for is the property
he owns. The variance goes with the land, but what he is asking for
is land that is not the size of the land he bought 1½ years ago. He
can only ask for the parcel of record.
THE CHAIRMAN~ To clarify the record, Mr. Zebroski owned 25 to
30 acres prior to the Zoning Ordinance and developed approximately
2/3 of it and that left him with a parcel which is 6 to 8 acres
which we are discussing tonight and which we understand was sold
jointly to 9 purchasers.
MR. SNE?.?.RNBERG~ These purchasers had deeds to specific
parcels originally.
T~E CHAIRMAN~ And they have been taxed that way~
MR. SNR?.T.~NBERG: I would assume so.
T~R CHAIRMA~N: And these 9 owners had 11 lots set up and they
have now been reduced to 9?
MR. SN~?.?.RNBERG~ From 10 to 9.
THE CHAIRMAN: Who owned the 10th lot?
MR. SNR?.?.RNBERG~ The 10th lot which is of record is owned by
a man named Donahue.
MR. ROSENBERG~ When did you find out that deeds were given
1½ or two years ago?
MR. SN~.?.RNBERG~ I drew the deeds myself.
Southold Town Board of Appeals -14-
June 1, 1961
MR. ROSENBERG= Do you recall appearing before the Planning
Board in March and saying the man would like to divide the property,
when it had been divided a year ago? And the Planning Board answered
you and said if it is more than four lots a plan for a subdivision
would have to be submitted to them?
MR. SNRT. T~NBERG~ I told the Planning Board that Mr. Zebroski,
when he was going to cut this property up, would have title to it.
The ~in purpose of the meeting with the Planning Board was to get
approval of the 50 ft. highway.
MR. ROSENBERG~ The Planning Board, from their minutes, was
under the impression that Mr. Zebroski wanted to divide property
into lots and have a 50 ft. road. Did he own the land the night
you were before the Plann~g Board? Did he have deeds to it?
MR. SN~T.T.ENBERG= He had given deeds to other people.
~ CHAIRMAN= Then Mr. Zebroski had a contract either verbal
or written by which all of these people would deed back to him if
he wished to meet certain requirements if it became necessary?
MR. SNEI.?.RNBERG~ Yes. Now, the question as I understand it
tonight is under Section 280A which is the same question which you
are presented under an ordinary application for a variance, and
that is hardship to the particular parcel.
THE CHAIRMAN~ We are also concerned with the subdivision
regulations which were passed long before the Zoning Ordinance.
With more than 4 lots you are into a subdivision and that has
nothing to do with the Board of Appeals.
When~s this lot in question conveyed?
MR. SNET~NBERG= The Leslie Gazzola contract is March 16,
1959. Conveyance June 16, 1959 and recorded June 22, 1959.
MR. ROSENBERG~ Therefore he doesn't own the parcel that he
applied for?
MR. SNET3~NBERG~ This is a smaller parcel. If there is an
agreement between Mr. Zebroski and these people to convey them
sufficient land to make the lots large enough to comply with the
Zoning Ordinance it should be satisfactory.
Southold Town Board of Appeals -15-
June 1, 1961
MR, ROSENBERG~ Mr. Gazzola is now applying for access to
a lot greater than he owns. It is not the lot he purchased in
1959 therefore he is applying for something that is not his.
MR. SN~NBERG~ That is true.
MR. ROSENBERG= Are there any monuments on this land?
MR. BN~.?-RNBERG~ No, I do not believe there ar~
MR. ROSENBERG~ He has no authority to break up this land into
nine parcels without submitting it to the Planning Board. No one is
permitted under our Ordinance to divide land up to suit themselves.
If it is larger than four lots and the access is one which we think
there is a hardship concerned it comes here. If it is question of
a man making arbitrarily nine lots he cannot do it. I do not see
how the Board of Appeals can grant access to this lot because every-
thing required for practical difficulty and unnecessary hardship
must be answered in the affirmative, and what hardship can a man
claim~ ge has a back lot and he does not even own the land he is
asking a variance c~. Further, access requires an engineers survey
and it does not exist.
MR. SNE?.?~NBERG~ I suggested to Mr. Zebroski that he file a
subdivision. However, he feels it is too small to file for a sub-
division. I was not then and am not now familiar with the sub-
division regulations.
THE CHAIRMAN~ Is there anyone present who wishes to speak
against this application?
(There was no response.)
From the results of the Board of Appeals investigations and
information furnished at the hearing by the attorney who has been
connected with this matter from its inception, the Board finds
that this parcel of land from which the present lot was sold was
subdivided about the middle of 1958.
Our Ordinance expressly forbids (Section 1000A) such a division
of land. The Subdivision Rules and Regulations of the Town of
Southold forbid such a division. Nevertheless the predecessor
owner proceeded to deed lots to nine individuals. The present
applicant for recognition of access ( Town Law Section 280-a
Subdivision 3) does not own part of the land for which he seeks
right of access.
Southold Town Board of Appeals -16-
June 1, 1961
The map which he has offered to this Board purports to
represent his property. This is not the map used for the purpose
of conveying the lots to the several buyers. The deeds call for
a 50 ft. right-of-way. The present applicant produces a map
showing a 25 ft. right-of-way. According to the application many
maps have been drawn since the property was conveyed, but no
transfer of ownership.
According to the official minutes of the Planning Board
(March 15, 1961) a representative of the predecessor owner re-
quested permission to subdivide the land and was informed of
the rules and regulations. The attorney representing the owner
failed to inform the Planning Board that the land had already
been divided and deeds given about a year prior. This attorney
had prepared the deeds.
The attorney who appeared at the instant hearing informed
the Board of Appeals that there is no intention to seek a build-
ing permit for this lot as this and all the other lots involved
are to be conveyed to the predecessor owner who will then make
formal application to the Planning Board for a proposed subdivision.
Under these circumstances it is difficult to understand the appli-
cation for recognition of access.
No unusual hardship or practical difficulty has been shown
by this applicant.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that Julius Zebroski, a/c Leslie Gazzola be denied
recognition of access in accordance with State of New York Town
Law Section 280a.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
PUBLIC HEARING: Appeal No. 384 - 9:15 P.M. (E.D.S.T.),
upon application of Julius Zebroski, Bay View Road, Southold,
New York, a/c Prosper Clust, 40-85 Street, Brooklyn, New York,
for recognition of access in accordance with State of New York
Town Law, Section 280a. Location of property: private right-
of-way, south side Bay View Road, Southold, New York, bounded
Southold Town Board of Appeals -17-
June 1, 1961
north by Ray Boggiano, east by private road, south by Albert G.
Bergen, and west by Aaron Blakeman. No fee necessary for access.
Mr. Snellenberg moved that he be permitted to withdraw the
application of Julius Zebroski, a/c Prosper Clust because Mr.
Clust owns less than applied for in the application for access.
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was
RESOLVED that application of Julius Zebroski, a/c Prosper
Clust be withdrawn without prejudice°
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was
RESOLVED that hearing upon application of Greenport Lumber
Division of Penny Lumber, Inc., Main Road, Greenport, New York be
postponed until June 15, 1961 to give the applicant an opportunity
to be present at the hearing.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
The Secretary was instructed to forward a letter to Mr. George
L. Penny, 3rd, advising him that the above hearing was postponed to
June 15th.
On motion of Mr. Grigonis, seconded by Mr. Rosenberg,: it
was RESOLVED that the Board of Appeals set 7:40 P.M. (E.D.S.T.),
Thursday, June 15, 1961, Town Clerk Office, Main Road, Southold,
New York, as time and place for hearing upon application of Henry
Kratzke, Old Orchard Lane, East Marion, New York, for a variance
in accordance with the Zoning Ordinance, Article III, Section 305,
for pei-mission to reduce setback on a corner lot. Location of
property: Lots 51 and 52 on map of Gardiner's Bay Estates, East
Marion, New York.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
Southold Town Board of Appeals -18-
June 1, 1961
On motion of Mr. Rosenberg, seconded by Mr. Bergen, it was
RESOL~v that the Board of Appeals set 7:50 P.M. (E.D.S.T.),
Thursday, June 15, 1961, Town Clerk Office, Main Road, Southold,
New York, as time and place for hearing upon application of Walter
W. Washburn and Sema Washburn, Bay Avenue, East Marion, New York,
for recognition of access in accordance with State of New York Town
Law, Section 280a. Location of property: west side Bay Avenue,
East Marion, New York, bounded north by M. ~own Estate, east by E.
Brown, south by other land of Washburn, and west by E. G. Radford.
Vote of the Board: Ayes:- Mr..Gillispie, Mr. Bergen, Mr.
R osenberg, and Mr. Grigonis.
On motion of Mr. Bergen, seconded by Mr. Gillispie, the Board
set 8:00 P.M. (E.D.S.T.), Thursday, June 15, 1961, Town Clerk Office,
Main Road, Southold, New York, as time and place for hearing upon
application of Thomas B. Reeve, Maiden Lane, Mattituck, New York,
a/c Mattituck Gun Club, Inc., to reverse the order of the Building
Inspector requiring permit to operate a rifle range in connecti~
with a private club. Locatian of property: east side Cox's Lane,
Cutchogue, New York, bounded north by Mary Doroski, east by J.
Skirel, south by Isidore Krupski, and west by Cox's Lane.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Rosenberg, and Mr. Grigonis.
It was further RESOLVED that legal notice of hearing be
published in the official newspaper under date of June 9, 1961.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Rosenberg, and Mr. Grigonis.
Mrs. Reiter from the "Barge", Southold, appeared before the
Board of Appeals for an informal discussicn relative to erecting
signs on the "Barge". In particular she wished to erect a sign
on the roof of considerable size. Th~ Board advised that such a
sign, or any roof sign would not be permitted and it has been denied
to all others. At present there are several signs on the "Barge"
itself and also there are ground signs. Mrs. Reiter stated that
she would then repaint certain signs that were on the "Barge" before
they repainted it last year. She was advised she mayreplace anything
that had not been discontinued for two years.
Southold Town Board of Appeals -19-
June 1, 1961
The minutes of the meeting of May 18, 1961, on motion of
Mr. Gillispie~ seconded by Mr. Bergen, were approved as submitted.
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 Thursday, June 15, 1961, at the Town Clerk Office, Main
Road, Southold, New York.
Meeting adjourned at 11:30 P.M.
Respectfully submitted,
:~udith T. Boken, Secretary