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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