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HomeMy WebLinkAboutZBA-06/28/1962 APPEAL BOARD MEMBERS Rober'r W. G]lJ]soie, Jr., Roberf Bergen Herberf Rosenber9 Charles Gregonis Jr. Serge Doyen Jr. SOUTHOLD, L, I., N.Y, T~le ~hone SO 5-2660 MINUTES SOUTHOLD TOWN BOARD OF APPEALS June 28, 1962 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.Mi~ Thursday, June 28, 1962 at the Town Clerk Office, Main Road, Southold, New York. There were present: Messrs. Robert Wo Gillispie~ Jr., Chairman~ Robert Bergen, Herbert Rosenberg,~nd Charles Grigonis~ Jro Absent: Mr. Serge Doymn, Jro PUBLIC HEARING: Appeal NOo 469 - 7:30 P.M. (E.D.S.T.)~ upon application of George Kophen~ 92 Burnham Avenue~. Roslyn Heights~ New York~ for a recognition of access in accordance with the New York Sta~aw~ Section 280A. Location of property: private right-of-way~ south side Bay View Roads Southold~. New York. Property bounded north by M. D. Dickerson~ east by E. Lo Martz~ south by private right-of-way~ and wsst by Fo Hancock~ Fee paid $5.00. The Chairman opened the hearing by reading application for recognition of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper and notification to the applicant. Southold Town Board of Appeals -2- June 28~ 1962 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response° ) MR. ROSENBERG: I was down there and that road is in excess of15 feet and it is perfectly clear and other residents use the road~ the applicant is the last lot on the road° THE CHAIRMAN: Is there anyone present who wi~hes to speak against this application? (There was no response.) After investigat~n and inspection the Board finds that access to the property involved in this application is by means of a private road which is passable in excess of 15 feet and which is used by residents and others to reach the Bay. The Board finds that strict application of the Ordinance would 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: and the variance does observe the spirit of the Ordinance and would not change the character of the district~ therefore On motion of Mr. Gillispie~ seconded by Mro Bergen, it was RESOLVED that George Kophen be granted access to his lot located on private right-of-way~ south side Bay View Road, Southold~ New ¥grk. This is a private farm road~ known as Sunset Lane, off the south side Bayview Road~ over land of A. Davis and others. vote of the Board: Ayes:- Mr. Giltispie~ Mr. Bergen~ Mro Rosenberg~ and Mr. Grigonis. On motion of Mro Gillispie~ seconded by Mrl Grigonis it was RESOLVED that the minutes of June 26, 1962 be approved as submitted° Southold Town Board of Appeals -3- June 28:1962 Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Rosenberg~ and Mr.o Grigonis. PUBLIC RE. ARING: Appeal No. 470 - 7:45 P.M. (E.D~S.T.), upon application of~Woodhollow Properties, Inc., 3 Glen Lane, Glenwood Landing~ New York by George Ao McMann~ Jr.~ Greenport~ New York~ for a special exception in accordance with the Zoning Ordinance~ Article IV, Section 408~ for permission to erect and maintain a second on-premises ground sign at the Orient-By-The- Sea Yacht Basin, south side Route 25, Orient Point.~ New York. Fee paid $5.00° The Chairman opened the hearing by reading application for a special exceptionz legal notice of hearing~ affidavit attesting to its publication in the official newspaper and notification to the applicant. THE CPIAIR1EAN: Is there anyone present who wishes to speak for this application? GEORGE A. McMANN, JR.i, ESQ.', Greenport~New York: There is nothing I can addto the application° It gives the location of the sign and wording° (The Board discussed the size of the sign which is to be 5 ft. 6 in. by 12 ft. 6 in. and 9 ft. from the ground level to the upper edge, The wording to be placed on both sides of this sign which will face the shore and water was discussed also.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that this newly constructed modern marina is in need of identification from the water and the request for a sign 5 ft. 6 in. by 12 ft. 6 in. and 9 ft. high at the water entrance is necessary. In consequence permission is granted to erect the sign applied for~ double faced, and illuminated if desired. Southold Town Board of Appeals -4- June 28~ 1962 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, therefore On motion of Mr. Gillispie, seconded by Mr. Grigonis~ it was be RESOLVED that Woodhollow Properties~ Inc~,/granted permission to erect and maintain a second on-premises ground sign at the Orient-By-The-Sea Yacht Basin, south side Route 25, orientrPoint,. New York. The size of this s~gn shall be 5 ft. 6 inD by 12 fro 6 ino and shall be 9 ft. above the ground level. The sign will be double faced and may be illuminated. Wording to be: Outboard side - Ma~i~a - Restaurant; In Shore side - Orient-By- The-Sea Yacht Basin. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mro Rosenberg~ and Mr. Grigonis. PUBLIC HEARING: Appeal No. 471 - 8:00 P.M. (E.D.S.T.)~ upon application of Woodhollow Properties, Inc., 3 Glen Lane, Glenwood Landing~ New York~ by George A. McMann, Jr.~ Greenport~ New York,~ for a special exception in accordance with the Zoning Ordinance~ Article IV, Section 408~ for permission to erect and maintain a third on-premises g~nd sign at the Orient-By-TheU Sea Yacht Basin~ south side Route 25~ Orient-Point~ New York. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exception~ legal notice of hearing~ affidavit attest- ing to its publication in the official newspaper and notification to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GEORGE A. McMANN, JR., ESQ., Greenport~ New York: I would like to amend the dimensions from 9 ft. diameter to 6 ft~ diameter and height from 9 fto to 19 ft. I have a letter from the Building Inspector stating that the correct dimensions are 7 ft. diameter and 19 ft. in h~ight. Southold Town Board of Appeals -5- June 28, 1962 MR. McMANN: The purpose of this sign is to catc/~ the boating traffic going through Plum Gut. THE CHAIRMAN: Is there anyone present who wishes to object to this application? (There was no response.) After investigation and inspection the Board finds that a standard Gulf sign 6 ft. in diameter, approximately 19 ft. high indicating gasoline and other supplies for sale is necessary to inform the boatmen of the existence of the marina° This is standard procedure for marinas. 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 permamently or substantially injured and the spirit of the Ordinance will be observed, therefore On motion of'Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Woodhollow Properties~ Inc. be granted permission to erect a third on-premises ground sign at the Orient-By-The-Sea Yacht Basin~ Orient Point~ New York° This sign shall be 6 ft~ in diameter with thewording: "Gulf Oil"~ and shall be 19 ft. in height. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. On motion of Mr. Gillispie~ seconded by Mr. Bergen,. it was RESOLVED that the minutes of June 21, 1962 be approved as submitted. Vote of the Board: ~;es:- Mr. Gillispie, Mr. Bergen: and Mr. Rosenberg. Southold Town Board of Appeals -6- June 28, 1962 On motion of Mr. Gillispie, seconded by Mr. Bergen~ itwas RESOLVED that the Board of Appeals set 7:30 P. Mo (E.D.S~T.)~ Thursday, July 12, 1962, Town Clerk Office~ Main Road~ Southold~ New York as time and place for hearing upon application of Phyllis R. Moore, 3 Bryant Road, Glen Cove, New York, for recognition of access in accordance with State of New York Town Law~ Section 280Ao Location of property: south side Peconic Bay Boulevard,~ Laurel, New'Yor~, property bounded north by land of Phyllis R. Moore~ east by J. Ao Driscoll~ south by land of Phyllis R. Moore, and west by G. Lo Penny. Vote of the Board: Ayes:- Mro Gillispie~ Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mro Bergen, seconded by Mr. Rosenberg, it was RESOLVED that the Board of Appeals set ?:45 P.M. (E.D.S.T.), Thursday, July 12~ ~962,~ Town Clerk Office, Main Road, Southold, New York as time and place for hearing upon application of'Alexander W. Koke and Frederick C. Koke, Youngs Avenue, Southold, New York,. for a variance in accordance with t/Ge Zoning Ordinance~ Article IV~ Section 409, for permission to set off a business lot with reduced frontage andarea. Location of property: west side Youngs Avenue, Southotd, New York, bounded north by other land of Koke Bros., east by Youngs Avenue~ south by~C. Eiscmann, and west by other land of Koke BrOSo Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Rosenberg~ and Mr. Grigonis. On motion of Mr. Rosenbergt seconded by Mr. Grigonis~ it was RESOLVED that the Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday~ July 12~ 1962~ Town Clerk Office, Main Roads Southold, New York as time and place for hearing upon application of Russell Tabor & Sons~ ViSage Lane~ Orient, New York, for a special exception in accordance with the Zoning~Ordinance~ Article X~ Section 1003A, for permission to expand an existing private labor camp. Location of property: east side Platt Road~ Orient, New York, bounded north by W. B. Karcher and V. T. Latham~ east by R. W. Gillispie~ south by G. W. Hallock and west by. Platt ROad. Vote of the Board: Ayes:- Mr. Gillispie~ Mr~ Bergen~ Mr. Rosenberg~ and Mro Grigoniso Southold Town Board of Appeals -7- Jun~ 28~ 1962 It was further RESOLVED that legal notice of hearing be published in the official newspaper on July 5~ 1962. vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Rosenberg, and Mrl Grigonis~ PUBLIC HEARING: Appeal NOo 472 - 8:30 P.M. (E.DoS. To), upon application of Falcaro~s Greenport Lanes~ Inc.~ Moore's Lane, Greenport, New York~ for a special exception in accord- ance with the Zoning Ordinance~ Article IV, Section 408~ for permission to maintain a "BOWL" sign on the roof of Falcaro~s Greenport Lanes~ Inc.~ Greenport~ New York, east side Moore,s Lane° 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 CHAIPdNAN: Is there anyone present who wishes to speak for this application? STANLEY S. CORWIN, ESQo, Greenport~ New York~ I do. THE CHAIRMAN: AS I recall the original sign was to be placed on stegl beams on the side of the building° Who was the sign maker? MRo TERRY: Colonial Hites. They made the signs and shipped them out to be erected. They made the original application. They received an increase in height so it could be seen from the Main Road. It was to be set so that it could be seen between Kalin's Florist and Herzog's house° MR. CORWIN: Mr° Fatcaro did not have any idea what was 9oing on other than he had seen the plans generally and he approved them. He was trapped in the middle of this° Even now the rents have been assigned to a fourth party. I took the pictures to indicate what was my reaction to this thing when I found out it was in ~Dlationo MRot~SENBERG: Mro Corwin: you were here at the hearing in March, as well as Mr° Falcaro and Mr. Constantine King, and the blueprints were also here° Everyone looked at them and talked about them and the sign was ? ordered according to Mr. Falcaro:s Southold Town Board of Appeals -8- June 28, 1962 own blueprints° Everything wa s sent down to Colonial Hites and Mro Falcaro according to information we have from the sign man and Mr. Shade~ who was astounded the sign was put~on the roof~ ~Lr. Fatcaro ordered the sign put on the roof~ rather ,than where it was supposed to be~ where he himself selected for it to go originally. Here are the minutes of the hearing and everyone seemedto be happy about the location° Mr~ Shade~ the sign ma~ was shocked, he said that was not the arrangement made with him. According to statements made by Mr. Falcaro~ he said he will put the sign any place he pleases. MR. CORWIN: At the time the original application was made he came here at the request of Mr. Constantine Kings he did not know much about it° Mr. Falcaro did not realize the significance of what was going on or being done° I think if Falcaro had been aware at the beginning of this it would not have happened that way. MR. ROSEN~ERG: At a meeting in3 .Pebruary between the Planning Board and Board of Appeals the question of roof signs came up and the Ordinance was changed after that~ and it was definitely the opinion of everyone that roof signs should not be permitted and I can assure you the attitude of the Board~ had he applied at that time~ he would not have had a roof sign. We went overboard with him. He picked out the sign and size and it was all~wed on the side of the building facing the street and the man ordered it placed there on the roof. MR. CORWIN: I~do not know how it got there but I do not doubt what you say. THE CHAIRMAN: The question now is whether this sign can remain on the roof or be set down° MR. CORWIN: Are you suggesting that it be set down on the front? THE CHAIRMAN: No~ I do not know what should be done. MR. CORWIN: It is our position that this sign will not harm the health~ ~afety and welfare of the surrounding property and Town of Southold and I think you will find that it has not harmed property values in anyway. Southold Town Board of Appea~s --9- June 28~ 1962 MR. ROSENBERG: Every restaurant has come in for a roof sign in the past years and not one has been granted. This is definitely forbidden in the Ordinance. THE CHAIRMAN: What do the other members of the Board th ink ? MR. BERGEN: I do not think it should be allowed on the roof~ I think it should be placed on the side where he requested. MR. GRIGONIS: I was happy with the original decision of the Board and would like to see it where it should beo MR~ ROSENBERG: I am opposing it. MR. CORWIN: I request that the Board grant me a recess so that I may discuss a new location with my client. On motion of Mr. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that Stanley Corwin~ a/c Falcaro Greenport Lanes be granted a recess until 9:30 P. Mot July 5~ 1962~ at which time this hearing will be resumed. Vote of the Board: Ayes:- Mr. Gillispie~, Mro Bergen, Mr. Rosenberg, and Mr. Grigoniso PUBLIC HEARING: Appeal No. 473 dated June 18~ 1962 - 8:45 P.M. (E.D.S.T.)~ upon application of Falcaro:s Greenport Lanes~ InCo~ Greenport~ New York~ for a special exception in accordance'~ith the Zoning Ordinance~ Article IV~ Section 408, for permission to maintain a "RESTAURANT" sign on the center section of the front wall of Falcaro~s Greenport Lanes, Inc.~ east side Momre~s Lane, Greenport,~ New York. Fee pai~ $5.00. The Chairman opened the hearing by reading application for a special exception~ legal notice of heariug~ affidavit attesting to its publication in the official newspaper and notification to the applicant° THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -10- June 28, 1962 STAN~,R¥ So CORW/~N, ESQ.,, Greenport, New York: I do. THE CHAIRMAN: This ~pplication concerns the erection of a sign which says "RESTAURANT" to the left of the main entrance door on the front of the building. MR. ROSENBERG: You have to have the words "RESTAURANT" according to the A.B.C. Board? MR. CORWIN: Not that I know Ofo I have spoken to several people relative to that but I can find no regulation requiring those words° THE CHAIRMAN: However, you now have two wall signs totaling 92 sq. ft. and you are allowed 246 sqo fto on the front~ wall. MR. CORW/N: That is correct. This sign contains 15 sq. ft. T~E CHAIRMAN: Is there anyone present who wishes to speak in opposition to this application? (There was no response° ) After investigation and inspection the Board finds that the applicant presently has two front wall signs totaling 92 sq. f~. He is permitted under the Ordinance 246 sqo fto of area in a wall sign. The Board determined that the standards set forth in the Ordinance have been met. The Board further 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~ therefore On motion of Mr. Gillispie~ seconded by Mr. Bergen~ it was RESOLVED that Falcaro~s Greenport Lanes~ InCo be granted permission to erect and maintain the letters "RESTAURANT" on the center secti~ of the front wall of Falcaro~s Greenport Lanes, Inc. These letters contain a total of 15 sq. ft. vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Rosenberg, and ~Lro Grigoniso Southold Town Board of Appeals -11- June 28, 1962 PUBLIC PIEARING: Appeal No. 474 - 9:15~P.M. (E.D.S~T.), upon application of Valentine Ruch, 2 Wilkins Place~ Tenafly, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III~ Section 303and Article X, Section 1000A, for permi~ion to reduce frontage and area of'a lot and leave less than the minimum frontage and area~ and Section 280A of the New York State Town Law for recognition of access. Location of property: private road (Arshamomaque Colony Road), south side Route 27A, Arshamomaque, New York. Lot bounded north and east by other land of Valentine Ruch, south by E. H. Eisen and west by private road. Fee paid $5.00. Mr. Gitlispie disqualified ~imself from this hearing and the next two hearings and turned the meeting over to Mr. Rosenberg. Mr. Rosenberg opened the hearing by reading application for a variande, legal notice of hearing~ affidavit attesting to its publication in the .official newspaper and notice to the applicant. ACTING CHAIRMAN: Is there anyone present who wishes to speak for this application? RENSSELAER G. TERRY, JR., Southold, New York: I would like to be heard in favor of the application. I think the application states the reason it was made. I might say that the following two applications are tied in with it. The entire character of the neighborhood is such that it is adaptable to the proposed plan and most of this area is developed as a su~er residential area. I recall it-was always known as the Englewood Colony and has a good reputation. On the part of application number one, the man is in a position where the building is already there adjacent to Mr..Eisen's property. I would like to have you consider all three of these because of the fact we are in a position with a total amount of area and I d~n~t know how else the property could be handled. I think because of the fact there are the type of buildings that are there now, two additional buildings wouldi~ in conformity with khe rest of the community there and not violate the spirit and intent of the Ordinance° MR. JACOB VAN DY1KE~ Middle Road~ Southold: I am interested purchasing one of the lots. MR. ROSENBERG: We will come to the number two lot shortly. Southotd Town Board of Appeals -12- June 28, 1962 MR. ROSENBERG: How lOng has this property been for sale? MRS. VALENTINE RUCH: I do not believe number one has been for sale at all. MR. TERRY: I indicated to Mr. Ruch that unless he obtained permission from you he would be in a position of not being able to sell a 75 ft. loto ACTING CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) MR. BERGEN: On the map here in the file it shows most of the lots are 100 ft. except a 75 ft. lot with a 25 ft. right- of-way to the water which is ~etained by the owner. MRS. RUCH: I had thought that there were about 23 property owners on both sides of this road and out of the 23 there are about 9 who have 50 ft. pisces of property. Many have garages. MR. VAN DYKE: It would be a hardship for anyone to have a 100 fto plot. It is more than we want to take care of . ACTING CHAIRMAN: Mr. Van Dyke, I think you understand that the first thing that has to be done in order to grant a variance is ghat it be a unique situation and you would have to produce a practical difficulty. The cottage that is on there was constructed before 1957 whence Ordinance was enacted. The very fact there are small houses in various places on small lots, it is not permitted any more since 1957 and just the fact that nobody wants to~uy 75 ft. is not grounds for a variance. W~here you want to put a 75 ft. lot you are surrounded by 100 ft. lots. You are permitted to divide this property into 100 ft. lots without coming to the Board, MRS. RUCH: It would be more difficult ~to sell a 100 ft. lot. ACTING CHAIRMAN: However, there are 100 ft. lots all around it. Are there any other questions? (There was no response.) Southold Town Board of Appeals -13- June 28, 1962 After investigation and inspection the Board finds that this application for a variance to reduce frontage and area is one of three separate variances requested of proposed division of 225 feet into three separate lots. This applicant owns about 450 feet on the private road. His home and garage occu~as about 225 feet. The remaining 225 feet is the land he proposes to divide into three lots. Facing the proposed 75 ft. lots is a vacant parcel of 2.5 acres and the next lot south is 100 fto Adjoining the proposed division are three lots of 100 ft., 135 ft., 140 ft~ The immediate area of the proposed division is not a 75 ft. or less section as claimed. -No hardship or practical difficulty has been shown andnone was introduced at the public hearing. The property in question has never been offered for sale. The applicant stated that the principal reason for the proposed division~as the deSire to have small lots which in his opinion would be more saleable. The applicant'has the'right under the Ordinance to create 100 ft. frontage lots containing 12,500 sq. ft~ The strict applicatkn of the Ordinance would not produce practical difficulties or unnecessary hardship~ the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district, and the variance does not observe the spirit of the Ordinance and would change the character of the district. On motion of Mr.. Grigonis, seconded by Mr. Bergen, it was RESOLVED that valentine Ruch be denied permission to reduce frontage and area of a lot and leave less than the minimum frontage and area. Location of. property: Arshamomaque, Colony Road, Arshamomaque,' New York. Vote of the Board: Ayes:- Mr. Rosenberg, Mr. Grigonis, and Mr. Bergen. Southold Town Board of Appeals -14- June 28, 1962 PUBLIC HEARING: Appeal Ho. 475 - 9:30 P.M. (E.D.S.T.), upon application of Valentine RUch, 2 Wilkins Place, .Tenafly, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A, for permissiDn to reduce frontage and area of a lot and leave less than the minimum frontaqe and area, and section 280A of the New York State Town Law for recognition of access. Location of property: private road (Arshamomaque Colony Road), south side Route 27A, Arshamomaque, New York. Lot bounded north, east and south by other land of Ruch~ and west by private road. Fee paid $5.00. Mr. Gillispie, having disqualified himself from the previous hearing and also this hearing, Mr. Rosenberg read~, the appli- cation for a variance, legal notice of hearing, affidavit attest- ing to its publication in the official newspaper and notice ~ the applicant. ACTING CHAIRMAN: Is there anyone present who wishes to speak for this application? The attorney and applicants stated no arguments would be submitted for this variance application as whatever was decided in the application ~474 would govern. ACTING CHA~: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that this application for a variance to reduce frontage and area is one of three separate variances requested of proposed~division of 225 feet into three separate lots~ This applicant owns about 450 feet on the Private road. His home and garage occupies about 225 ft. The remaining 225 ft. is the land he proposes to divide into three lots. Facing the proposed 75 ft. lots is a vacant parcel of 2.5 acres and the next lot south is 100 ft. Adjoining the proposed division are 3 lots of 100 ft.,135 ft., 140 ft. The immediate area of the proposed division is not a 75 fto or less section as claimed. Southotd Town Board or'Appeals -15- June 28, 1962 No hardship or practical difficulty has been shown and none was introduced at the public hearing. The property in question has never been offered for sale. The applicant stated that the principal reason for the proposed division was the desire to have small lots which in his opinion would be more saleable. The applicant has the right under the Ordinance to createl00 ft. frontage lots containing 12,500 sq. ft. Strict application of the Ordinance would not produce practical difficulties or unnecessary hardship, the hardship created is not unique and would be-shared ~y all properties alike in the immediate vicinity of this property and in the same use district, and the variance does not observe the splri~ of the Ordinance and would change the.character of the district. On motinn of Mr. Rosenberg, seconded by Mr. Grigonis, it was RESOLVED that Valentine Ruch be denied permission to reduce frontage and area of a lot and leave less than the minimum frontage and area. Location of property: Arshamomaque Colony Road, Arshamomoque, New York. Vote of ~the Board: Ayes:- Mr. Rosenberg, Mr. Grigonis, and Mr. Bergen. PUBLIC HEARING: Appeal No. 476 - 9:45 P.M. (E.D.S.T.), upon application of valentine Ruch, 2 Wilkins Place, Tenafly, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article'X~ Section 1000A, for permission to reduce frontage and area cf a lot and leave less than ~he minimum frontage and area, and Section 280A of the New York State Town Law for recognition of access. Location of property: private road (Arshamomaque Colony Road), south side Route 27A, Arshamomaque, New York. Lot bounded north, east and south by other land of Ruch and west by private road. Fee paid $5.00~ Mr. Giltispie having disqualified himself from the previous hearing and also this hearing, ~r. Rosenberg read the appli- cation for a variance, legal notice of hearlngl affidavit attest- lng to its publication in the official newspaper and notice to the applicant. Southold Town Board of Appeals -16- June 28, 1962 ACTING CHAIRMAN: Is there anyone present who wishes to speak for this application? The attorney and applicants stated no arguments would be submitted for this application as whatever was decided in the applications ~474 and ~475 would govern. ACTING CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Bcard finds that this application for a variance to reduce frontage and area is one of three separate variances requested of proposed division of 225 feet into three separate lots. This applicant owns about 450 feet on the private road, His home and garage occupies about 225 ft. The remaining 225 ft. is the land he proposes to divide into three lots. Facing the proposed 75 fto lots is a vacant parcel of 2.5 acres and the next lot south is 100 ft. Adjoining the proposed division are 3 lots of 100 ft., 135 ft., 140 ft. The immediate area of the proposed division is not a 75 ft. or less section as claimed. No hardship or practical difficulty has been shown and none was introduced at the public hearing. The property in question has never been offered for sale. The applicant stated that the principal reason for the proposed division was the desire to have small lots which in his opininn would be more saleable. The applicant has the right under the Ordinance to create 100 ft. frontage lots containing 12,500 sq. ft. Strict application of the Ordinance would not produce practical difficulties or unnecessary hardship, the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district, and the variance does not observe the spirit of the ordinance and would change the character of the district. On motion of Mr. Grigonis, seconded by Mr. Bergen, it was Southold Town Board of Appeals -17- June 28, 1962 RESOLVED that Valentine Ruch be denied permission to reduce frontage and area of a lot and leave less than the minimum frontage and area. Location of property: Arshamomaque Colony Road~ Arsh~momaque, New York. Vote of the Board: Ayes:-- Mr. Rosenberg, Mr. Bergen, and Mr. Grigonis. The next meeting of the Southold Town Board of Appeals will be held 7:30 P.M., Thursday, July 5, 1962 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 10:30 P.M. Respectfully submitted, Judith T. Boken, Secretary