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