Loading...
HomeMy WebLinkAboutZBA-08/22/1963 8OUTHOLD, L.I., N.Y. T~le~ho,~ SO 52660 APPEAL BOARD MEMBERS Robert W. Gi]Jlspis, Jr. Chairman ~ober~ Bergen Serge Doyen ~r. MINUTES SOUTHOLD TOWN BOARD OF APPEALS August 22, 1963 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, August 22, 1963 at the Town Office, Main Road, Southold, New York. There were present: Messrs. Robert W. Giltispie~ Jr., Chairman, Robert Bergenl and Fred E. Hulse, Jr. Absent: Mr. Charles Grigonls, Jr., and Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 594 - 7:30 P.M. (E.D.S.T.)~ upon application of Gene E. Kleinsmith, Peconic Bay Boulevard, Laurel, New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 306, for permission to erect~a dwelling with a reduced front yard setback of 6 ft. on a private right-of-way. Location of property: s 3./4 of lot 4 and N 1/4 of lot 5 on map of Elizabeth Mesrobian, on a private road on the south side of Peconic Bay Boulevard, Laurel, New York, bounded north by T. ~schutz, east by Brush's Creek, south by E. G. Best, and west by private road (Mesrobian Drive.) Fee paid $5.00. Southold Town Board of Appeals -2- August 22, 1963 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 notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. GENE E. ELEINSMITH spoke in favor of the application. THE CHAIRMAN: You purchased this property in 1959 from Beatrice~Wasson? MR. KLEINSMITH: Yes. THE CHAIRMAN: How long had she owned it? MR. ~.RINSMITH: For at least 15 years, or better. THE CHAIRMAN: ~aat is the main reason for this application? MR. A~INSMITH: The main reason is that t want the house facing the inlet of Brus~s Creek and the Bay. MR. BERGEN: ~nere will the garage b~? MR. ET~INSMITH: The garage will be entered from the top of the right-of-way~ the southwest corner. THE CHAIRMAN: What would happen if you put this house parallel with the Creek? MR. KLEINSMITH: I would not have much room and there would be a severe curve going into the garage. Also, I had a topographical survey of the property and the one corner of the property near the water is only 4 feet above h~h water mark. THE CHAIRMAN: Are there any other questions ? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? South01d Town Board of Appeals -3- August 22~ 1963 (There was no response.) The applicant has a lot which was established as a single lot pr~gr to zoning. The lot is narrow and for the proper location of the proposed house it is necessary to place it at an angle thereby making it necessary to reduce the front yard setback to 6 feet. The southerly boundary of the lot is on a private right-of-way serving the applicant and two other houses. The lot slopes considerably and one corner of the house will be only 4 feet out of the ground and that is a further reason for setting the house back as far as possible. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially in3ured and the spirit of the Ordinance will be observed. On motion of Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that Gene E. Kleinsmith, Peconic Bay Boulevard, Laurel, be granted permission to reduce the front yard setback on a private right-of-way to 6 feet. Location of property: S 3/4 of lot 4 and N 1/4 of lot 5 on map of'Elizabeth Mesrobian, on a private road on the south side of Peconic Bay B~levard, Laurel, New York. vote of the Board: Ayes:- Mr. GIltispie, Mr. Bergen, and Mr. Huise. PUBLIC PIEARING: Appeal No. 595 - 7:50 P.M. (E.D.S.T.)~ upon application of~Wiliiam E. Gotder a/c Southold Pharmacy, Main Street, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (b~ 1, for permission to erect and maintain a wall sign containing in excess of the maximum square footage permitted. Location of property: north side Main Street, Southold, New York~ bounded north by John Bucci, east by J. Krupski - Johnsont south by Main Street, and west by K. Pylko. Fee paid $5.00. Southold Town Board of Appeals -4- August 22, 1963 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 notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WILLIAM E. GOLDER, Southold, New York: I understand there is formal ~oppQsitio~ to this application. If there is opposition I will withdraw the applica~on because the idea of the application was to benefit the %o'~,~ and if the people do not want it I will withdraw it. First, I would like to read a statement i have prepared and possibly there will be a change of opinion. I would like to present our side of the argument as to why we need and desire the words, "SOUTHOLD RxPHARMACY"~ painted across the top of our building in 3 ft. black letters; but I want it clearly understood from the start that if, after listening to our side of the argument, the opposition is still definitely agsiast granting the variance, Don and I will withdraw our application for a variance and will put up a sign that complies in all respects with whatever size sign the Board sees fit to give us. We had no idea that the words, "SOUTHOLDRxP~_ARMACY," in simple black letters on a white background (not a glaring neon sign, but one definitely in good tas~e~would disturb any progressive civic minded citizen, especially as our 3 ft. letters would be s~aller than the "Wallace Furniture" sign that is being replaced. If the sign read "Ipswich Beer" or'~ Brand Fungicide" like the many road signs now displayed in the town~ we could understand objections being raised. Maybe we're prejudiced~but we consider the store we're opening to be the epitome of modern pharmacy and a professional enterprise that the village may well be proud of now and in years to come. To sum up, i hope that our opponents will reconsider their position, and remembering that our competitors have "many" signs, give us a break and allow us'one' that will tell outsiders we're in business. I guarantee all year round residents will appreciate our service and won't need a sign to bring them into the store. The old Bohack building has been an eyesore coming into the Town and if a little paint will not help it out I am sure I am wrong. Southold Town Board of Appeals -5- August 22, 1963 Also, I am told by the painter the letters will not be 3 feet high. There are goose-necks that reflect back against the building and the letters will be just painted on there. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wish~s to speak against this application? M~. HOWARD SCHWARTING, Southo~d: I appear as a representative of the Southwood Property Owners Association. We feel that the Zoning Ordinance is provided for amply for this pharmacy to have a sign and is plenty big enough for the purpose is is going to serve. If the Board of Appeals grants this request it is going to undo a lot of good we are trying to do. I have talked with Mr. Scott and we came up with some figures that would be interesting to the Board of Appeals. We don't object to the sign that is going up. The lettering is nice~ the illumination is fine. We do object to the exceeding of the Ordinance. 86 square foot is permitted and we believe that size would be suffic~s~t for that building. If this building was on a corner they could be seen for quite some distance and the pharmacy would be justified in requesting relief in getting a sign. When you come down Main Street within 100 ft. you would not be able to read it. There are trees in the way and increasing the size of the letters would not increase the visibility. (The Chairman explained the difference between a variance and a special exception.~ MR. GOLDER: Let's just forget it. I do not want to see anyone in opposition, I don't want to step on anyones toes. I had no idea there would be any objection. What I would like to do is withdraw the application. MR. SCHWARTING: I would like to commend Mr. Golder because he is the first gentleman who has been willing to withdraw an application of this nature. I do not know if you know it, Mr. Golder, but that Wallace sign was in violation~ it was a non-conforming sign. Sputhold Town Board of Appeals -6- August 22, 1963 (The Chairman read a letter from Ruth Rosenberg expressing her disapproval of permitting any increase of size of a sign any- where in Southold Town. She par ticularly referred to the application of Southold Pharmacy.) T~E~CHAIRMAN: Is there anyone else present who wishes to speak against this application? MR. EDWIN Preilwitz~ Peconic: I was Chairman of the sign committee for the Southold-Peconic Civic Association and I think Mr. Golder is to be commended for his reaction to the opposition. This sign %ould change the character of the village and we are trying to keep a fair standard of appearance in.Southo~d. It is good business and that seems to be the way we are going. MR. IRVING JOHNSON: I would like to second the protest read by Mr. Schwarting. THE CHAIRMAN: Is there anyone else? (There was no response.) MR. GOLDER: I would like to nDve that the application be withdrawn. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that William Golder, a/c Southold Pharmacy be granted permission to withdraw his appeal No~ 595° Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 596 - 8:00 P.M. (E.D.S.,T.)~ upon application of John R. and Jean P. Edler, Cleaves Point Road, East Marion~ New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to maintain an accessory building in the side yard area. Location of property: Lot No. 4 on map of Marion Manor~ Southold Town Board of Appeals -7- August 22~ 1963 south side'Cleaves Point Road~ East Marion, New York, bounded north by Cleaves Point Road~ east by Martin Meyers Lot 3, south by~Gardiners Bay, and west by Peter Blank, Lot 5. Fee paid $5.00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing~ affidavit attesting to its publication in the official newspaper,notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOHN R. EDLER: I just hope that it is granted because my vacation is running out and having to go back Sunday for services it just gives me five days to take it down or continue building it. I was going to put it near my cellar-way but I thought it would be better to go to an area near the road and it was the normal way for the kids to bring in their bikss. I came in and asked about building it and Mr. Terry~s secretary explained it to me and I either misunderstood or read the ordinance wrong but I thought it was all right to put it where I did. (The Chairman explained about front yard and rear yards on water front lots.) THE CPIAIRMAN: Is there anyone else present who wishes to speak for this application? MRS. EDLER: This is in the side yard and not the front yard. MR. EDLER: The front door of our house is further from the road than any other of the lots in Marion Manor. When Mr. Meyer built and we built we staggered the house so that we had air from both sides. If I knew this would be in violation of the Ordinance I would have made the addition to the house. THE CHAIRMAN: Are there any other questions? (There was no response.) TP~ CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response°) August 22~ 1963 Southold Town BOard of Appeals -8- THE CHAIRMAN: I would just like to point out that in your reasoning you give'the cost of construction as a hardship. We are not permitted to consider a financial hardship in granting a variance, everyone it is assumed has a financial hardship. After investigation and inspection the Board finds that the applicant has a waterfront lot and to build the storage building in t he rear yard toward the water would be a hardship in that it would obstruct the view of the applicant and several of his neighbors, and also the b~ilding could not be utilized properly. The applicant's house is set~ack 134 feet from the front property line and the depth of the lot is 346 feet. The Board finds that the placement of the storage building is the best location for it on the applicants property. It would not obstruct the view or light or air of the adjoining prpperty owners. ~ne Board finds that strict application of the ordinance will produce practical difficulties or unnecessary hardship; the hard- ship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the ~me use district~ and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that John Ro and Jean P. Edier be grantdd permission to maintain an accessory building inthe side yard area, 5 feet from the side property line and the front of the accessory building in line with the front of applicant's house. Location of property: Lot 4 on map of ~arlon Manor, south side of Cleaves Point Road, East Marion, New York. vote of the Board: Ayes:- Mro Gillispie, Mr. Bergen, and FLr. Hulse. PUBLIC PtEARING: Appeal No. 597 - 8:15 P.M. (E.D.S.T.), upon application of Michael Razzano, Sunset Way~ Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 7, for permission to erect Southold Town Board of Appeals -9- August 22~ 1963 an accessory building in the front yard area. Location of property: south side Sunset'Way~ Southold, New York, Lot No. 164 on map of Cedar Beach Parkt bounded north by Sunset-Way, east by Samuel Grimson, Lot 165, south by Cedar Beach Harbor, and west by Francis W. Campbell, Lot 163. Fee paid $5.00. The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. T~ CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. MICHAEL RAZZANO: I have already built this building on my vacation with the idea that if it did not go through I could possibly move it. It is fastened but not secure. Where it is now located on the cement slab it would be a great convenience as I would not have to lift tools up. Itwould be a job for me to move lawn mowers and chairs up to it if I had to put it in the rear yard. The rear yard is on the water and most of my rear yard is under water at high tide. I would have to build the building on piers. The house itself is alrdady built up. The slab I am using was where the house was originally located, but because it was so close to the road I moved it back of my own free will, even though I knew that it violated the Ordinance, because I did not have to do it since it was there before zoning. MR. HOWARD SCPEqARTING: We aretrying to keep things in order in the Town. It seems that Mr. Razzano should have tome to the building department and talked this over before ~gthis on his own. ~. HOWARD TERRY, Building Inspector: Mr. Razzano came in and talked about it before he built it. I told him he would need a variance. (The Chairman explained about the location of buildings on water front lots. Establishing setbacks was also discussed.) MR. EDWIN PRELLWITZ: This is obviously an exceptional lot. Southold Town Board of Appeals -10- August 22, 1963 After investigation and inspection the Board finds that Mr. Razzano has a very unusual lot. At high and storm tides a good part of his lot is covered by water. His dwelling itself i~ located on piers to be above the high tides. The accessory building would be 30 feet from the front property line~ which is only five feet short of the minimum front yard setback requirement. Et would be almost an impossibility to locate the accessory building in the rear yard because it is covered by water most of the time. Other lots in this area would have the same problem with accessory buildings. The Board finds that the location of this building would not affect the character of the neighborhood in any way. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; 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; andthe variance does observe the spirit of the Ordinance and will not change the character of the district. On motion of Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Michael Razzano be granted permission to erect an accessory building in the front yard area of his lot located on the south side of Sunset Way~ Southotd, New York~ 30 feet from the front property line. vote of the Board: Ayes:- Mr. Glllispie, Mr. Bergen, Mr. Hulse. PUBLIC P~EARING: Appeal No. 598 - 8:30 P.M. (E.D.S.T.)~ upon application of Yennicotte, Inc., Bayview Road~ Southold, New York, for a special exception in accordance with the zoning Ordinance, Article III, Section 300, Subsection 11, for permission to erect and maintain a directional sign for "The Heritage." Location of property: on the property of ~ntone SurozenSki, south side Route 25, Southoid~ New York, bounded north by Main Road, east~ south and west by Michael Surozenski. Fee pai~ $5.00. Southold Town Board of Appeals -11- August 22, 1963 The Chairman opened the hearing by reading application for a special exception, legal not~ce of hearing, affidavit attesting to its publication ~n the official newspaper and notice to the applicant° THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) ~HE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. EDWIN PRELLWITZ: This is one of the critical problems, directional signs. I think we all agree they are a necessity. The control of the type, location and size is most important for the well-being of U the Town as a whole. I am curious as to the type involved in this application. Where a number occur they should be incorporated. THE CHAIRMAN: This sign is to be 3 ft. by 4 ft. with the wording "The Heritage~ Restaurant, Inn~ Cocktail Lounge~ Take Next Right~ South Harbor Lane, 500 fto" Everything seems to be directional except for the words, "Cocktail Lounge". I don't think we can permit that. We have thought that signs should be directional only and not included with advertising because there is no limit to the number of things people can put on a sign as advertising. MR. STEPHEN CAMPBELL: Directional signs are permitted? This restaurant is in a very desirable location on the waterfront. This restaurant alsohas a directional billboard, and there is a directional sign at a gas station opposite~Ullrich's Marina. If one selects a location on the waterfront should he have the advantage of signs all along the way to it? MR. HOWARD TERRY: That sign at the gas station is in the highway and we have no jurisdiction over it. THE CHAIRMAN: Some waterfront businesses are on just a short road to them, some are on a winding road far off the Main R oa~. This is one of them° MR. SCh~ARTING: Between SoJahold and Greenport there are 51 off premises signs including billboards. Southold Town Board of Appdals -12- August 22, 1963 THE CHAIRMAn: It is our belief these two signs are reasonable in view of ~ we have done in the past. We consider it is in the interest of the traveling public to find a place to eat and sleep~ that is the reason we are in favor of directional signs for motetst hotels, restaurants and marinas. THE CHAIRMAN: Is there anything further? (There was no response.) The Board finds that the applicant is in need of a directional sign for "The Heritage"~ a restaurant located approximately 3½ miles from the Main Road (Route 25) on Bayview Road, Southold. The route toathis restaurant is confusing to travelers and therefore it would be/hardship if this application were not granted. This sign is in good taste and will be strictly directional in nature. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Hutse~ seconded by Mr. Gillispie, it was RESOLVED that Yennicotte, Inc. be granted permission to erect and maintain a directional sign on the property of Antone Surozenskit south side Route 25, S~thold~ New York. The size of this sign shall be 3 ft. by 4 ft., located no closer than 5 ft. from any property line. The lower edge of this sign shall be 3 ft. above the ground level and upper edge no higher than 15 ft. ~ in. The wording on the sign shall be: ~The Heritage, Restaurant- Inn, Take next Right, South Harbor Lane, 500 ft." The words "Cocktail Lounge" shall not be permitted on the sign. This sign is subject to the same regulations and controls which affect non-conforming signs. vote of the Board: Ayes:- Mr~ Gillispie~ Mr. Bergen, and Mr. Hulse. Southold Town Board of Appeals -13- August 22, 1963 PUBLIC P/EARING: Appeal Noo 599 - 8:40 P.M. (E.D.S.T.), upon application of Yennicotte~ inc., Bayview Road, Southold~ New York~ for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11~ for permission to erect and maintain a directional sign fo~ "The Heritage." Location of sign: on the property of Lefferts P. Edson, easterly side of Bayview Road~ Southold, New York, bounded north by Jacobin's Lane, east, south and we.~c by Bayview Road. Fee paid $5.00. 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 notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no rssponse~) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) The Board finds that the applicant is in need of a directional sign for "The Heritage"~ a restaurant located approximately 3½ miles from the Main Road (Route 25) on Bayview Road, Southold, New York° The route to this restaurant is confusing to travelers and therefore it would be a hardship if this application were not granted. This sign is in good taste and will be strictly directional in nature. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Gill~pie, seconded by Mr~ Bergen, it was RESOLVED that Yennicotte, Inc. be granted permission to erect and maintain a directional sign on the property of Lefferts p. Edson, easterly side of Bayview Road, Southold, New York. The size of this sign shall be 3 ft. by 4 ft., located no closer than 5 ft. from any property lineo The lower edge of this sign shall be 3 ft. above the ground level and upper edge of the sign no higher Southold Town Board of Appeals August~22, 1963 than 15 ft. 6 in. The wording on the sign shall be: "The Heritage, Restaurant - Inn, Continue Right, The words "Cocktail Lounge" shall not be permitted on the sign. This sign is subject to the same regulations and controls which affect non-conforming signs.~ vote of ~the Board:~ Ayes:- Mr. Gillispiet Mr. Bergen, and Mr. Hulse. In accordance with a letter from Curtis William Horton of the Cutchogue Fire Department, on motion of ~r. Bergent seconded by Mr. Hulse, it was RESOLVED thatthe Cutchogue Fire Department be granted permission to display posters in the Town of Southold advertising their annual'~ar-B-Q" to be held August 24, 1963. These posters will be removed promptly after the event. It is believed th~ is in the public interest. It is specifically forbidden to place these posters on utility poles or on private property without permission. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. PUBLIC HEARING: Appeal No. 600 - 9:00 P.M. (E~S.T.), upon applicationof Eowa~ L. Wells, ~outh Drive, Mattituck, New York~ for a variance in accordancE, with the Zoning Ordinance~ Article III~ Section 300~ Subsection 7~ for permission to erect an accessory building in the front yard area. Location of property: Lot G on map of Shore Acres, southeast side of South Drive and Bayview Avenue, Mattituck, New York~ bounded north by Bayview Avenue~ south by Mabel H. Duryee~ Lot F~ and west by South Drive. Fee paid $5.00. $outhold Town Board of Appeals -15- August 22~ 1963 The Chairman opened the hearing by reading application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notice to the applicant. THE C_M3~IRMAN: Is there anyone present who wishes to speak for this application? MR. HOW~RDWELLS: The statements are in the application. THE CF~AIRMAN: What is the size of your lot? MR. WELLS: It is 660 ft. deep, 150 ft. wide on South Drive and 205 feet on the water. There is 450 ft~ between me and the road that I cannot use because it is front yard. In order to put the accessory building on the back yard it would have to go on the beach. THE CHAIRMAN: We looked at it. It is very steep. MR. WELLS: The property is all sloped. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. LOUIS A. ZIEGLER: I am the owner of property directly opposite on the north side of Bayview Avenue. I am not objecting to the building. I feel apparently this seems to be a special favor he is asking for for the reason that he has had a non- conforming business prior to the existence of zoning. MR. WEtJ,S: According to the Ordinance I cannot have a ga~e on the property~ but I can't rebuilt it to more than 50% of the value of the building at 1957. MR. ZIEGLER: Bayview Avenue has alW&~~ been a reaidential area. I understand his building is going to be put on Bayview Avenue. I urge the Board to recommend to Mr. Wells that he build Southold Town Board of Appeals -16- August 22~ 1963 a building that conforms to the residential nature and architecture so that it does not depreciate the value of all his neighbors property. THE CHAIRMAN: Ours is a very limited form of zoning and we are not in a position to tell Mr. Wells what type of building he can construct. Ail we can act on is the location of it. What type of architecture or shingles or siding goes into it are not within the jurisdiction of any regulatory body in the Town of Southold. MR. ZIEGLER: What will the size be? MR. WELLS: 30 ft. by 40 ft. MR. ZIEGLER: What will it be used for? MR. WELLS: To contain equipment, a bulldozer, bucket loader and grader. I possibly cannot get the grader in it. MR. ZIEGT.W.R: The grader has been there for two years and we never objected. MR. WELLS: I should think you would be glad for me to put the equipment under cover out of sight. (The type of construction was discussed.) THE CHAIRMAN: I think there is more that we should know about this and our position relative to acting on the application. I suggest that we reserve decision for two weeks. On motlon of ~Lr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the hearing upon Appeal No. 600 of Howard Wells be recessed to 9:00 P.M.~ Thursday, September 5~ 1963. vote of the Board: Ayes:~ Mr. Gillispie~ Mr. Bergen~ and Mr. Hulse. Southotd town Board of Appeats August 22, 1963 George A. McMann, Esq. appeared before the Board to ask for a decision of the Board in the matter of the application of Edwin H. King for a marina at Orient. The Board said that no decision had been made and they had been informed that an action was instituted in the Supreme Court in Riverhead to determine the area under dispute. Under those conditions the Board would not even try to make a decision on the marina. Mr. McMann stated that the applicant had produced every proof of title to the property and the Board should act upon that. They advised Mr. McMann that a decision would be reached at the next meeting~ September 5th, 7:30 P.M. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, September 5~ 1963 at the Town Office, Main Road, Southold~ New York. On motion of Mr. Gitlispie, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 8:30 P.M. (E.D.S.T.)~ Thursday, September 5, 1963, Town Office, Main Road~ Southold, New York as time and place for hearing upon application of Joseph J. Aveta, Goldin Lane, Southold, New York~ for a variance in accord- ance with the Zoning Ordinance, Article III~ Section 303 and Article~X, Section 1000A, for permission to divide property into two lots each containing insufficient frontage and area. Location of property: west side Grove R~ d, Southold, New Yorkt property bounded north by A. Cooley, east by Grove Road, south by H. Smith, and west by M. Armstrong. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. ~ On motion of Mr. Bergen, seconded by Mro Else, it was RESOLVED that the Board of! Appeals set 8:45 P.M. (E.D.S.T.), ~nursday, September 5, 1963, Town Office~ Main Road, Southold, New York as time and place for hearing upon~pplication of William E. Morgan and Matilda E. Morgan~ Peconic~ New York~ for a special exception in accordance with the Zoning Ordinance,~.Article III~ Section 303 and Article X, Section 1000A, for permission to divide property into two lots, one having insufficient frontage and area. Location of property: east side Private road, south of Indian Neck Road, Peconic, New York, Lot 34 on map of"Indian Neck Park." Property bounded north by H. A. Pearce - lot 32, eastby C. E. Ward, south by right-of-way and W. F. Roberts - lot C~ and west by private road. Southo!~ Town B~d of Appeals -18- August 22, 1963 Vote of the Board: Ayes:- Mr. Gillispie, Mr~ Bergen, and Mr. Hutse. It Was further RESOLVED that legal notice of the hearings be published in the official newspaper on August 30, 1963. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Hulse. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of July 25, 1963 be approved as submitted° Vote of the Board: Ayes:- Mr. Hulse. Mr. Gillispie, Mr. Bergen, and On motion of Mr. Giilispie, seconded by Mr. Hulse, it was RESOLVED that!the minutes of August 8, 1963 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr~ Bergen, and Mr. Hulse. On motion of Mr. Gillispie, seconded by Mr. Berge$, it was RESOLVED that the minutes of August 9, 1963 be approved as submitted, Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. ~ulse. ~ne meeting adjourned at 11:30 P.M. ROVED Respectfully submitted, Judith T. Boken, Secretary