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HomeMy WebLinkAboutZBA-06/25/1964 APPEAL BOARD MEMBERS Roberf W. ®i][~spie, Jr., Chairrn~n Roberf 9ergen Char]es Gregonis, ur. Serge Doyen Jr, Fred Hulse, Jr. SOUTHOLD, L.I., N.Y. T~le~hone SO 5-2660 MINUTES SOUTHOLD TOWrN BOARD OF APPEALS June 2~, 196~ A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M.~ Thursday, June 25, 1964, at the Town Office~ Main Road, Southold, New York. ~here were present: Messrs. Robert Wo Gillispie, Jr., Chairman, Robert Bergen~ Fred ~ulse, Jr. Absent: Charles Grigonis, Jr., and Serge Doyen, Jr. Mr. Henry W. Flaack, of J.C.P. Contracting Corp. appeared before the Board for an informal discussion. He wishes to put a temporary contractors yard for state highway improvement work on the corner of Ackerly Pond Lane. The Board advised him to fill out an application for a variance. PUBLIC ~IEARING: Appeal No. 671 - 7:30 P.M.(E.D.S.T.)~ upon the amended application of RoG. Terry~ Esq., Southold~ New York, a/c Charlotte K. Gittinger, 3 Forest Drive, Springfield, Ne~ Jersey, for a variance and recognition of access in accordance with the Zoning Ordinance~ Article III, Sections 303, 304, 307~ 308, Article'X, Section 1000a, and the State o~ New York Town Law, Section 280A, for permission to divide lots with in- sufficient frontage~ and for approval of access. Location of property: north side'Cedar Beach Road, bounded north by land of applicant, east by Bay~ south by land of applicant, west by land of applicant. Fee paid $5°00° ~ Southold Town Board of Appe-~ls -2- June 25, 19%~ The-Chairman reopened the hearing by reading the amended application ~for a variance and recognition of access, legal notice of hearing, affidavit attesting to its pubiication in the official newspaper, and notice to the applicant. The Chairman reviewed the facts of the case as they were presented June 11a 1964. GEORGE McMANN,JR.,ESQ.: Before any further testimony be given on behalf of this petition, I would like to make a motion that the petition be dismissed from this Board. This Board does not have the power to give permission to divide lots. This petition does not come under the jurisdiction of the Board of Appeals as psr Section 335 of the Real Property Law. (George McMann,Esq. read part of this section which stated in part that when an owner or agent subdivides real property into lots,~ plots, blocks, or sites, with or without streets,for the purpose of offering such lots, plots, blocks, or sites for sale to the public, regardless of how they are conveyed, to file or cause to be filed in the office of t~e county clerk of Suffolk County a map thereoftogether with a certificate of the surveyor endorsed on the face of such map certifying same to have made from an actual survey of the property and the date of the com- pletetion of the survey.) THE CHAIRMAN: The map hasn't been filed in the County Clerk's Office? GEORGE McMANN,'JR.,ESQ.: No it hasn't been filed. The relief in this petition should be in the Planning Board and not in the Board of Appeals. This Board lacks jurisdiction in this petition. To divide property you must file a map in the County Clerk's office~ and it has to be submitted to the Planning Board, not the Zoning Board. THE CHAIRMAN: We have recently obtain a ruling to act on cases such as this one. We handle up to 4 lots being divided, and this petition would come under us. GEORGE McMANN,JR.,ESQ.: I still ask that this petition be dismissed, this Board has no power ot grant it~ THE CHAIRMAN: I will have to deny your motion. I think this Board is acting properly in giving this application relief in this situation. Southold Town Board of Appe~s -3- June 25, 196~-- ~T~e~e was a g~eat deal of discussion about how m~a~y lots the Board of Appeals can act on. R. Terry, Esq. advised the Board could act on an application up to 4 lots. George McMann,Esq. felt that such action was in violation of the Real Property Law~ THE CHAIRMAN: Is there any other legal agrument to be presented why this application ~'h~k~%tbe granted? R.G. TERRY,ESQ.: I don't want to prolong the matter. I would ask that the Board give favorable consideration to this application. THE CHAIRMAN: Are there any-other questions? HOWARD SCHWARTING, Member of Civic Association: The application has sections 304, 307~ 308, which permits to vary the side line and the the lot lines. If this continues to be the case of the Board of Appeals to rule on cases like this, I think the C'i~vic Association is going to tak~ some steps on this. If this continues there is going to be a serious situation in regard to sewage control and in the regulations set up by the Town Ordinance. Here you say that the Town Ordinance was brought into effect April 28, 1958 to provide for the health,saftey, and welfare morals of the Town~ and if you cut up property like this it will effect the property rights of the people who are coming out here to buy land. This whole thing should have set standard side lines~ and rear lines. There are over 60 amendments to this Ordinance. THE CHAIRMAN: I have nothing to do with the amendments. HOWARD SCHWARTING: I know this Ordinance should be rewritten. THE CHAIRMAN: Every~Ordinance has to adopt itself as it goes on. What was true 1OO years ago isn't t~ne today. What happen 10 years ago isn't true today. Thres houses were bought prior to 1the Zoning Ordinance. The total property between these houses and the lot is 2~ acres or'something like that. The purpose of this Board is to relieve hardship. Don't you think it's a hardship to sell three houses on one piece of land? HOWARD SXHWARTING: I would try to sell the whole thing as one parcel of land. THE CHAIRMAN: They have tryed to sell it for 5 years as one parcel. Southold Town Board of Appe~.~s -4- June 25, 19t~_ HOWARD SCRWARTING: What is going to be the number of square feet that is allowed.. Can you just divide any lot2 HOWARD TERRY,Building Inspector: You would still have to get an application for a variance. HOWARD $CHWARTING: Would it be part of the record? T~E CHAIRMAN: It is part of the record right now. HOWARD SCHWARTING:What is the frontage? (The Chairman explained the b~undries of each lot and what their area and frontage was.) THE CHAIRMAN: I beleive they all have beach rights also, is that correct? TERRY,ESQ.: Yes~ each one has beach rights. HOWARD SCHWARTING: What is going to happen by cutting up these lots. What's going to happen in the future? THE CHAIRMAN: You are off the subject. This permission is asked to give single title to the property. HOWARD SCHWA TING: I agree~ as long as it doesn't conflit with zoning. People come out here, buy land, and build modern houses on it. Retired people like me amd yourself. What's going to stop someone from coming in the future and changing%his into a two family dwelling? THE CHAIRMAN: I am not sure that legally ~u can do that. MR. WETMORE: They are just talking about the sale of the house, but we have the property to sell also. MR. HULSE: Mrs. Gittinger will not sell unless this variance is granted. He won't buy that unless this variance is granted. GEORGE MCMANN,JR.,ESQ.: She could sell this as one piece if she wanted to~ so there is no hardship. THE CHA/_RMAN: The thing that delayed this hearing is that you said this Board does not have power to subdivide property. Southold Town Board of Appea-~s -5- June 25~ 196~ GEORGE McMANN,J~.,ESQ.: So she still doesn't need this variance. THE CHAIRMAN: To sell these three houses she needs this variance. The buyer won't buy unless this variance is granted. GEORGE McMANN,JR.,ESQ.: He doesn't need a variance now, he needs it in the future. THE CHAIRMAN: He wants to be in the position so that if a chance comes to sell these lots they will be in separate ownership. He has to look into the future. GEORGE MCMANN,JR. ESQ.: He doesn't have the hardship until the time he has to sell. MR. BERGEN: He won't buy these lots unless they are divided into separate l~tsl THE CHAIRMAN: The lots and houses have always been there. Nothing is going to be changed, everthing will remain exactly the way it has always been. R.G. TE~RY, ESQ.: Unless there is anything further against this application,'I will again ask that the Board give favorable consider- ation to this application. THE CHAIRMAN: Is there anything else to be said against this application? (There was no response.) THE CHAIRMAN: I agree with the reasoning in the application. After investigation and inspection the Board finds that Charlotte Gittinger wishes to obtain permission to divide lots and to obtain approval of access. The Board finds that the best solution to this is the division by Otto Van Tuyl, as shown on a survey revised June 1St 1964' The final dividing lines should be as shown on the survey by Otto Van Tuyl, revised June 24, 1964. The Board finds that the applicant has tried for five years Go sell these three houses located on one single lot. The applicant now has a buyer for these houses~' however the lots Lmust be divided before the sale will take place. This variance is necessary to comply with the requirements of the Zoning Ordi~ance~ofthe Town of 'Southold~ The Board knows of no other way to divide this property without causing a unique and unnecessary hardship. This variance ouses ana a c an e he c arac r of th' n '~hborhoo because the Southold Town Board of Appea~ -6- June 25, 196~- These conditions were all created before zoning came into effect, and there was no futb~e insight of zoning. The Board also finds that the access requested is accessible to fire trucks and other emergency equipment. 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 vicintiy of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will c not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED t~at R.G. Terry, Esq., Southold, New York, a/c Charlotte K.. Gittinger, 3 Forest'Drive, Springfield, New Jersey, be granted permission to divide lots with insufficient frontage and be granted approval of access. The lots shall be divided as shown on the survey by Otto Van Tuyl, revised June 24, 1964. Vote of the Board: Ayes: Mr. Gillispie,' Mr. Bergen, Mr. Hulseo PUBLIC HEARING: Appeal No.-~673 - 7:40 P.M.(E.D.S.T.)~ upon the amended application of Herbert W. Wells, Jr., Southold, New York, a/c Vail Brothers, Inc., Main Road, Peconic, NeW York~ for a special exception in accordance with theZoning Ordinance, Article IV, Section 400, Subsection 9, for permission to install a parking lot to sell used and new cars. Location of property: north side Route 25, Peconic, New York, bounded north by land now or formerly of A. Cierach, east by land now or formerly of A. Cierach, south by Main Road, west by other land of applicant. Fee paid $5.00. The Chairman opened the hearing by reading application for 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 in favor of this application? HERBERT3~LLS,JR.: .I hope that the Board will approve the applications Southold Town Board of Appe'~±s -7- June 25, 19~ MR. HULSE: Will that house on the property be taken off? HERBERT WELLS,JR.: We have a contract with the previous owner. They can purchase it before Januazy'~l~ 1965 if they want to~ if not we will sell it. T~E CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response° ) After investigation and inspection the Board finds that Vail Brothers, Inc. wishes to install a car lot for the sale of new and used cars. The Board finds that Vail Brothers. Inc. has expanded in business and need additional room for the sale of their cars. The Board finds that this car lot is clean and orderly. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhoo~'~property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie~ seconded by Mr. Hulse, it was RESOLVED that Herbert W. Wells,JR., Southold, New York, a/c Vail Brothers, I~c., Main Road, Peconic, New York, be granted per- mission to install a parking lot to sell used and new cars, on property located on the north side of Route 25, Peconic, New York, subject tohthe following conditions: 1. No major repair work shall be performed in the open. 2. No automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than thosebeing serviced shall be permitted. 3. Signs to be in accordance with Article IV, Section 408, of the Building SZone Ordinance of the Town of Southoldo Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen,. Mrl Hulse Southold Town Board of AppeaSes -8- June 25, 19~ PUBLIC HEARING: Appeal No. 676 - 7:45 P.M.(E.D.S.T.), upon application of Henry J. Smith~ Peconic Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X~Section 1000a, for permission to divide lots with insufficient frontage. Location of property: west side Carroll Avenue, Peconic, New York, bounded north by Long Island Railroad, east by Carroll Avenue, south by J.0. Bell- Bedell, west by other land of applicant. Fee paid-'S5.00' 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. Mr. Henry Smith idenified photographs that were taken of the property in question. THE CHAIRMAN: How wide is the property~ HENRY~SMITH: 218 feet THE~CHAIRMAN: How long is it? HENRY SMITH: About 678 feet' TMM. CHAIRMAN: When did you buy this property? HENRY SMITH:.About 20 years ago. THE CHAIRMAN: That was longbefore' zoning came into effect. Is there anyone who ~wishes to speak in favor'ofthis application? Do you have anything to add to the application? HENRY~SMITH: No~ I have nothing to add toit' Iiask that the application be granted. HOWARD SCHWARTING: Where does that road go? HENRY SMITH: Out to Peconic Lane, HOWARD SCRWARTING: Isn't there any other way HENRY 'SMITH: You can use Carroll Avenue. out ? HOWARDSCHWARTING~ HOW wide is this road? ~R. HULSE: It is 50 ft' widei Sou%hold Town Board of Appe~ls -9- June 25, 19~ HOWARD SCRWARTING: What is the zoning there? HENRY~SMITH: It is residential. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone who wishes to speak against this application? (The~e was no response.) THE CHAIRMAN: Are there any other questions? (There was no response.) THE CHAIRMAN: I would like to ask a question. Are these lots on the new road? HENRY SMITH: No, on Carroll Avenue. THE CHAIRMAN: And there are lots behind them? HENRY'SMITH: Yes. THE CHAIRMAN: Will you be able to get 100 ft. frontage on the lots on the new road? HENRY'SMITH: Yes. HOWARD SCHWARTING: Will you have to get another variance? HENRY~SMITH: No, they have 100 feet. ' After investigation and inspection the Board finds that Henry'Smith wishes to divide two olots and set aside a 50 ft~ right-of-way~ This right-of-way will be cutting off some of the frontage of the lots, h~ever it is needed to reach the applicant,s industrial property in back ofthe residential propertyl The houses built on these lots will be ninlkeeping with the other one family dwellings on Carroll Avenue. The further development of this property will be within the requirements of the Ordinancel Southold Town Board of App~ls -10- June 25, 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; and the variance does observe the spirit of the Ordinance and willnot change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Henry Ji Smith~ Peconic Lane, Peconic, New York, be granted permission to divide lots with insufficient frontage on property located west side Carroll Avenue, Peconic, New York. There will be no side yard variances granted for houses built on these lots. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mrl Hulse~ PUBLIC HEARING: Appeal No, 677 - 8:00 P.M.(E.D.S. TJ), upon application of Cecil Young, Main Road, Laurel, New York, a/c J. Myron Young, Main Road, Laurel, New York~ for recognition of access in accordance with the State of New York Town-Law, Section 280A~ Location of property: Right-of-way north side Peconic Bay Blvd., bounded north by'Main Road-Hill, east by-Albert Nolte, south by~Peconic Bay Blvd., west by H. Romanowski. Fee paid $5.00. The Chairman opened the hea~ing by reading application for recognition of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to Athe appli~anto HOWARD SCPEqARTING: What is the depth of that right-of-way. CECIL YOUNG: 265 feet. The Board looked at the map which accompanied the application and discussed it. THE CHAIRMAN: When we are in doubt of an access, we ask the fire chief to look at it. Southold Town Board of Ap~als -11- June 25, T~E~CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no responsel) After investigation and inspection the Board finds that J. Myron Young wishes to obtain approval of access on a 15 ft. right-of-way. Myron Young owns an interior lot off Peconic Bay Blvd., and this access is necessary to reach his property. The Board finds that the access is accessible to fire trucks and other emergency equipment. ~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; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mrl Gillispie, seconded by'Mrl Bergen, it was .~_ RESOLVED that Cecil Young, Main Road, Laurel, New York, a/c J. Myron Young, Main Road, Laurel, New York, be granted approval of access on property located on right-of-way north side Peconic Bay Blvd., Laurel, New York~ subject to the approval of Mrl Howard Terry, Building Inspector. Vote of the Board: Ayes: Mrl Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 678 - 8:10 P.Mj(E.D. SJT.), upon application of Robert H. Preston, President, Sterling Harbor Marina, Manhasset Avenue, Greenportt New York, for a special exception in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 11, for permission to erect a directional sign on the property of Sterling-Cemetery Associationl Location of property: south east corner of North Road,~ and Manhasset Avenue, Greenport, New York, bounded north by North Road, east by land of R. Preston, south by Sterling Creek, west by Manhasset Avenue. Fee paid $5~00~ The Chairman opened the hearing by reading application for special exception, legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and notice to the applicantl Southold Town Board of App~ls -12- June The Chairman read a letter from Joseph L. Townse~d, President of the Sterling Cemetery Association, Greenport, New York, giving Sterling Harbor Marina permission to put a directional sign on the property of Sterling Cemetery ASSOciation. THE CHAIRMAN: We are not willing to give permission to locate a sign on the property of the cemetery. I suggest that perhaps you could find some other location. Has the president of the Association the right to give permission for a sign? ROBERT PRESTON: I haven't the slightest idea. THE CHAIRMAN: I still feel the same way about cemeteries. think it is wrong to put signs on the cemetery property. I should think there would be someplace else you could put a sign. How about the lady across the street? ROBERT PRESTON: Evidently she doesn't want a sign there. MR. CAMPBELLi Member of Civic Association: It~oesn~t seem possible that you can grant this without any one here to speak for the cemetery. THE CHAIRMAN: You weren't here when we read the letter from the president of the Cemetery Association giv~g pe~missiono We wondered if the president had the right to do this. MR. BERGEN: I don~t doubt that Mr. Preston needs that sight. but he should see if he could get some other location besides the cemetery. I don~t know if ewe have the right oto grant a sign here. MR. CAMPBELL: That is private property. THE'CHAIRMAN: We would have to deny a sign here. We can't possibly grant it. Anyone else wish to say anything in connection with this application? HOWARD SCHWARTING: I think the Board or'Appeals used good judgement in this case. I sympathize with Mr. Preston,i: but a sign in the cemetery is out of the question. THE CHAIRMAN: Would anyone else like to say anything in connection with this application? (There was no response.) Southold Town Board of Apt~ls -13- June 25, L~ ~$4 After investigation and inspection the Board finds that Sterling Harbor Marina wi~hes to erect a directional sign on the property of'Sterling Cemetery Association. The sign would direct people from the North Road to the Marina on Manhasset Avenue. The Board feels that a cemetery is not a peoper place to locate a sign. Although the pres~denthas given~permission to locate a sign on the property of the cemetery~ the Board questions whether or not he has the authority to do this. The Board feels that putting a sign in hthe cemetery is not in the public interest. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will bet permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that-Robert H. Preston, President~ Sterling Harbor ~arina, Manhasset Avenue, Greenport, New York~i be denied permission to erect a directional sign on th~ property of Sterling Cemetery Association, property located south east corner North Road, and Manhasset-Avenue, Greeenport~ New York. Vote of the Board: Ayes: Mr?' ~i~lispie, Mr. Bergen, Mr. Hulse. PUBLIC PIM. ARING: Appeal No. 679 - 8:30 P.M. (E.DoS.T.)~, upon application of Richard F. Mull~n~ Mullen Motor Sales, Main Road and Cottage Place, Southold, New ¥ork,~ for a special exception in accordance with the Zoning Ordinance, Article III, Section 400, Subsection 9, for permission to install a new and used car lot. Location of property: south west corner Main Road and Cottage Place~ Southold, New York, bounded north by Main Road, east by Cottage Place, south by M. Aksten, west by R. Swezey. Fee paid $5.00. The chairman opened the hearing by reading application for special exception~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper~ and notice to the applicant. The word rezoned was used in the application by Mr. Mullen. This word was used in the wrong sense. Mr. Mullen agreed to amend the application to read: "I wish the present business property to be used for the sale of new and used cars". Southold Town Board of Appe~s -14- June 25, l~J4 On September 6, 1957,~ the Suffolk CountyOperating COm~oration was granted permission for an automobile Service Station on the south west corner of Main Road and Cottage Place. This is the same property which Mr. Mullen is asking to be used as a new and used car lot. On motion by Mr. Gillisp~e~ seconded by Mr. Hulse~ it was RESOLVED that Appeal No. 20, granted September 6, 1957, to Suffolk County Operating Corporation, for an automobile service station be withdrawn~ without predjudice to any further application of Mr. Mullen. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen, Mr. H~lse. THE CHAIRMAN: Getting back to the application of Richard Mullen. Is there anyone present who would like to speak in favor of this application? RICHARD F. MUIJ~N: I wish you would g~ant it because we don't have any room left. THE CHAIRMAN: How big is the lot? RICHARD F. MULLEN: 100' x 140~ THE CHAIRMAN: Is 140~ deep? RICHARD F. MULLEN: 100' deep. CHAIRMAN: One of the problems with used car lot is wrecks. Do you have wrecks? RICHARD F. MULLEN: We have a junk yard in the back. MR. BERGEN: How many cars would you put in this lot? RICHARD F. MULLEN: About 28 cars. THE CHAIRMAN: Is there anyone present who would like to speak against this application? (There was no responsel) Southold Town Board of'Appeals -15- June 25, 1964 After investigation and inspection the Board finds that Mullen Motor Sales wi~J~es to operate a new and used car lot. Due to an increase in business this lot is necessary for the display of cars for sale. The Board finds that this car lot will be clean and orderly~ since Mullen Motor S~es has a separate junk yard for wrecks. 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 by Mr. Gillispie~, seconded by Mr. Hulse, it was RESOLVED that Richard F. Mulllen, Mullen Motor Sales, Main Road, and Cottage Place, Southold, New York, be granted permission to install a new and used car lot on property located south west corner Main Road and Cottage Place~ su3~ject to the following conditions:' 1. No major repair work shall be performed in the open. 2. NO automobiles, or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open and no parkingof vehicles other than those being serviced shall be permitted. 3. Signs to be in accordance with Article /V~ Section 408, of the Building Zone Ordinance of the Town of Southold. vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. H~lse. PUBLIC P~ARi~NG: Appeal NO. 680 - 8:45 P.M.(E.D.S.T.)~ upon application of Theodore Switsavage, 46-46 Broadway, New York City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303~ Article X~ Section 1000a~ for permission to build on a lot with insufficient frontage. Location of property: east side Marlene Lane~ Mattituck~ New York~ bounded north by J. MacLellan, east by District 9, south by other land of ~Switsavage, west by Marlene Lane. Fee paid ~ $5~00. Southold Town Board of App~ls -16- June 25, 1~64 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 .o~o the applicant. THE CHAIRMAN: Is Mr. Switsavage here? WII~.IAM WICk, ESQ.: No, I am here for him. and told me what he plans to do with this property. build a permanent home on this. He called me He wants to THE CHAIRMAN: He proposes to divide the property. When was this property bought, before the zoning Ordinance? WILLIAM WICKHAM, ESQ.: As a matter of fact both pieces were before the Ordinance. The first in 1952 and this particular piece in 1956, though they are both together now. THE'CHAIRMAN: What is the setback? WILLIAM WICKHAM, ESQ.: The setback is 40 feet THE CHAIRMAN: The only thing hthat bothers me if that asking for a variance i~ the side yard lines, you are not going to put a 60 ft. house mn a 75 ft. lot. WILLIAM WICKHAM,ESQ.: The other houses in the area do not have side yards of 10' and 15'~ THE CHAIRMAN: Is there no way of cutting this house down WILLIAM WICKHA~.EEQ.: The builder is heres you could ask him. If you cut down the house, you cut down the size of the lot. THE CHAIRMAN: I think the Board will go along with cutting dow~t~he size of the house. You could detach~dthe garage. HAROLD LACEY, Builder: If we detach the garage it has to be 5 feet from the line? THECHAIRMAN: In the rear yard area. WI?.?.IAM WICKHAM,ESQ.: The house is 48 feet by itself. Southold Town Board of App~ls -17- June 25~ 1<~4 THE CHAIRMAN: It has to have minimum side yards of 15' and 10'. We are asking here a lot that is too wide to create a hardship. There is no reason why he can't build it the other way. This is not created by the Ordinance. He can comply with the Ordinance. I will go along with this application providing that he does not vary the side yards at all. WILLIAM WICKHAM,ESQ.: Ail these lots were here before the Ordinance came ninto effect. THE CHAIRMAN: Are there any 50 ft. lots in that? WILLIAM WICKHAM,ESQ.: I can't answer that. MR. BERGEN: I think that they are all 75 ft. lots. THE CHAIRMAN: If you can detach the garage and move it in the back yard area, it will be okay. It c~n~t be added to the house if you are only going to have a 5 ft. s~de yard. ~AROLD LACEY: If it is detached you can have 5 feet? THE CHAIRMAN: Yes. Is there anyone else who wishes to speak in favor of this application? (There was no response,) THE lCHAIRMAN: Are there any other questions? (There was no response.) 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 Theodore Switsavage wishes to build on a lot with insufficient frontage. The house~ he proposes to build will also leave him with insufficient side yards. The Board is not willing to vary the Side yard requirements, however the applicant may build on the lot without sufficient frontage. The/lackc of sufficient sideyards was not created by the Ordinance. This can be oavoided Dy making the house smaller. Southold Town Board of App~ls -18- June 25, 1~4 The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessarty hardship; t 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 ubserve the spirit of the Ordinance and will notchange the character of the district. On motion by Mr. Gillispie, seconded by Mr~ Hulse, it was RESOLVED that Theodore'Switsavage, 46-46 Broadway, New York City~ New York, be granted permission to build on a lot with insufficient frontage on property olocated east side Marlene Lane, Mattituck~ New York, subject to the following condition: The side yard requirements will not be varied when the lot is built on. Vote of the Board: Ayes: Mr. Gillispie, Mr, Bergen, Mr. ~ulse. PUBLIC HEARING: Appeal No. 681- 9:00 P.M. (E.D.S.T.)~ upon application of Samuel Copin~ Vice President, Fleet Lumber, Inc. Route 25, Greenport, New York~ for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408~ Subsection (b), for permission to erect an on premises wall sign. Location of property: south side Route 25~ Greenport, New York, bounded north by Main Road, east by M. Cassidy~ south by Long I~land Railroad, west by R. ~rown,~Fee paid $5.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. Mr. Howard Terry, Building Inspector~ and the Board discussed the signs that were already present ~at Fleet~umber~Inc. The Board felt that they should act without regard to the non-conforming signs that are already there. THE CHAIRMAN,. Is there anyone present who wishes ~to speak in favor of this application? (There was no response.) THE CHAIRMAN: Is there anyone ~er~t who wishes to speak agahst this application ? Southold Town Bpard of App~s -19- June 25, (There was no response.) After investigation and inspection the Board finds that Fleet Lumber,Inc., wishes to erect an on premises wall sign. The sign will be fastened to the front of the building and will read "ShDwroom". The Sign will be 2' high and 12' long. The Board finds that by putting up this sign Fleet~Lumber, Inc. is only using 10 or 15% of the area they are entitled to. This sign is requested for additional indenification. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted 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 by,Lt. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Samuel Copin, Vice President, Fleet Lumber, Inc., Route 25, Greenport, New York~ be granted permission to erect an on premises wall sign on property located south side Route 25, Greenport, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 682 - 9:10 P.M.(E.D.S.T.), upon application of Samu~ Copin, Vice President, Fleet Lumber, Inc, Route 25~ Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (b)~ for permission to erect an on premisas wall sign. Location of property: south side Route 25, Greenport, New York, bounded north by Main Road, east by M. Cassidy, south by Long Island Railroad, west by R. Brown. Fee paid $5.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. TP~ CHAIRMA~I: Is there anyone present who wishes to speak in favor of this application? (There was no response.) Southold Town Board of App~s -20- June 25, l~j4 T~E CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that Fleet Lumber, Inc., wishes to erect an on premises wall sign. The sign will be fastened to the front of the building and will rea~ "Building". The sign will be 2' high and ~2' long. The Board finds that by putting up this sign Fleet Lumber, Inc. is only using 10% or 15% of the area they are entitled to for wall signs. This sign is requested for additional idenification. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted useof neighborhood property andadjoininguse districts will not be permanently or substantially injured and the spirit 6f the Ordinance will be observed. On motion by Mr. Giliispie, seconded by Mr. Bergen, it was RESOLVED that-Samuel Copin~ Vice President, Fleet Lumber, Inc, Route 25, Greenport, New York, be granted permission to erect an on premises wall sign on property located south side Route 25, Greenport, New York. Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 683- 9:15 P.M.(E.D.ST.), upon application of'Samuel Copin, Vice President, Fleet Lumber, Inc., Route ~5, Greenport, New York, for a special exception in accordance with the Zoning Ordinance~ Article IV, Section 408 Subsectio (B)~ for permission to erect an on premises wall sign. Location of peoperty: south side Route 25, Greenport, New York, bounded north by Main Road, east by M~ Cassidy, south by Long Island Railroad# west by R. Brown. Fee paid $5.oo. The Chairman opened the hearing by reading application for special exception, legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and notice to,he applicant. Southold Town Board of App~ls June 25, THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? (There was no response.) 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 Fleet Lumber, Inc., wishes toerect an on premises ~wall sign. The sign will be fastened to the front of the building and will read "Materials". The sign will be 2'hSgh and 12' long. The~Board finds that by putting up this sign Fleet Lumber, Inc., is only using 10% or 15% of the area they are entitled to for wall signs. This sign is requested for additional idenification. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted 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 by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that-Samuel Copin~ Vice President, Fleet Lumber~ Inc., Route 25,. Greenport, New Y~rk,. be granted permission to~rerect an on premises wall sign on property located south side Route 25, Greenport~ New York~ Vote of the Board: Ayes: Mrl Gillispie~ Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 684 - 9:30 P.M. (EjD. ST.), upon application of New York Telephone Company, 140 West Street, New York~City, New York, for a special exception in accordance with the Zoning Ordinance~ Article III, Section 300, Subsection 6a~ for permission to install a coastal harbor radio-telephone receiving station on the property of Mattituck Park District, known as "Mattituck Veteran's Memorial Park", Mattituck, New ~ork~ Location of property: south west side-Peconic Bay Blvd., and Bay Avenue, Matt~uck~ New York, bounded north byPeconic Bay Blvd., east by Bay Avenue, south by Bay, west by Allyan Realty Corp., right-of- way, and others. Fee paid $5.00. Southold Town Board of Appeals -22- June 25, ~84 The Chairman opened the hearing by reading application for special exception, legal notice of hearing,, affidavit attesting to its publication in the official newspaper, and notice tothe applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? WILLIAM WIC~,ESQ.: There are a good many people and an increasing number of boats, and such a structure is a great help to the time. The structure can't be seen because it is installed in one of the buildings. The only part you do see is a single pole with a single antenna. Possibly there is a generator. After looking around the Telephone Company found this to be the best location. THE CHAIRMAN: How far is this from any private owned property? MR. BERGEN: About 150 feet to ~e north. 350 feet to the west and an equal amount to the east. THE CHAIRMAN: SDoes the park have any other installations that are on the park district? WILLIAM WICKPL%M,ESQ.: This was done as a public service° THE CHAIRMAN: Who decided on this location? WILLIAM WICKHAM,ESQ.: The Telephone Company. Theyfound this location satisfactory. MR. BERGEN: It is direct to Montauk over water. n THE CHAIRMAN: This ia a relay from Montauk? MR. BERGEN: ~iShips from Montauk can be reached by this~ WILLIAM WICKPLAM, ESQ.: It is completely automatic~ THE CHAIRMAN: Will they pay rent for the use of this property? MR, BERGEN: They don't pay rent, but keep up the park and paint the building. THE CHAIRMAN: Itisis more like an agreement~ S~Uthold Town Board of~'App~s -23- June 25~ WILLIAM WICEPIAM,ESQ.: Yes, there is no rent, THECPLAIRMAN: Is there anyone else who would like to say anythingabout this application? EUGENE MAZZAFARRO: I have no interest in this application, I was just wondering if that is a dedicated park or just a name given to it. ~IAM WICKHAMi, ESQ.: It was just a name given to the park. EUGENE MAZZAFARRO: Was it ever dedicated? WILLIAM~NICKPLAM, ESQ,: No it was just named as a siteffor the veterans after the war. EUGENE MAZZAFARRO: It doesn't Seem right to put an operation like ~is in a park that was named for veteransl WILLIAM WICKPL%M,ESQ.: This is a public service as the use of the park is, for people who want to use it. For the people who enjoy boating. EUGENE MAZZAFFARO: This is going to accept calls? WILLIAM WICKHAM,ESQ.~ No~2~g is accepted here. It is a relay station THE CHAIRMAN: This will be a help to the park association. EUGENE MAZZAFFARRO: I can't associate the New York~elephone Company going into something with the veterans name on it. I don~t think anything commercial should be on this property, EUGENE MAZZAFFARRO: This will~help everyone, while the park district is only for a few people. TPiE CHAIRMAN: I don't see any law being violated here. EUGENE MAZZAFFARRO: I know, but you asked if anyone wanted to be heard. THE CHAIRMAN: If the park association was accepting rent, there would be a different situation here. Southold Town Board of Appeal~-/ -24- June 25, 196~ THE CHAIRMAN: Is there anyone present who would like to speak against this application? (There was no response.) After investigation and inspection the Board finds that the New York Telephone Company wishes to install a coastal harbor radio-telephone receiving station on the property of Mattituck Park District. The Board finds that this is the most suitable l~cation for such an installation. This location is direct to Montauk over water. The Board finds that the Park Association is not accepting any money for the use of the premises° This installation will be a great help tD all people who enjoy boating. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted 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 by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVE~ that the New York Telephone Company, 140 West Street, New York City, New York, be granted permission to install a coastal harbor radio-telephone receiving station on the property of Mattituck Park District~ Known as "Mattituck Veteran's Memorial Park", located south west side Peconic Bay Blvd., and Bay Avenue, Mattituck, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal NO. 685 - 9:45 P.M.(E.D.S.T.)~ upon application of Shephard M. Scheinbergi. Esq.~ 220 Roanoke Avenue, Riverhead, New Yo~k, a/c Josephine Housner, 159 Woodhull Avenues Riverhead, New Y~r~k, for a special exception in accordance with the Zoning Ordinance~ Article IV, Section 400, Subsection 9~ for permission to extend permission granted for the sale and service of motor vehicle, farm machinery~ etc. Location of property: north east corner of Railroad Avenge, and North Road, Southold~ New York, bounded north by J. Harris, east by F. Abrams, south by North road, west'by Railroad Avenue. Fee paid $5.00. Southold Town Board of Appea~.~ -25- June 25~ 196.~J~ The Chairman opened the hearing by reading application for 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 would like to speak in favor of this application? MRS. HOUSNER: We are asking for this to get an un-named tenant for this place. THE CHAIRMAN: T~e first tenant was Crabtree, after Kaelin. MRS. HOUSNER: We had a party from Greenport that was going to move in there. THE CHAI~._~MAN: That is wh~tcaused some of the difficulty. They didn't have a very diesirable business. I think they were body and fender men. There is a dwelling on this peoprerty, is this occupied now? MRS. HOUSNER: No, this residence has never be rented except when the showroom was being used. This man that used to watch the showroom lived in the house. THE CHAIRMAN: There was someone there when we looked at it. MRS. HOUSE~R: There ~was a tenant there for a short time. am more interested in the business than the rental of the house. THE CHAIRMAN: This is all zoned business? MRS. HOUSNER: Yes. THE CHAIRMAN: Doesn't part of this encroach on the line? MRS. HOUSNER: I don~t know. I really don't understandthat. THECHAIRMAN: Part of this building is within eight inches of the county line. Is that whyCrabtree-O'Keeffe didn't take the property? MRS. HOUSNER: They were going to open up in the spring of the year, then Mr. O'Keeffe felt that he wasn't wanted in Southold. Southold Town Board of Appe~Zs -26- June 25, 15~4 THE'CHAIRMAN: I think the Board may have been in error when they first granted granted this application. However, our Ordinance requires a special excDption for a public garage. When we granted this the first time, we put certain restrictions on it. MRS. HOUSNER: We accepted your decision on that. THE CHAIRMAN: I think this should be granted without reference to the type of business. MRS. HOUSNER: We wan% an un-named tenant. THE CHAIRMAN: The un-named tenant is to use the place as a public garage is that right? MRS. H~USNER: Yes. THE CHAIRMAN: I think you should move that house off the property. Is there anyone present who would like to speak against this application? There was no response.) After investigation and inspection the Board finds that Josephine HQusner has property in Southold which has been used as a garage. Now she again has tenants for~the property, however she is requesting ~at this property may be used by other and new tenants if the opportunity arises. This will now be used for the sale and service of farm trucks, tractors~ and other relative vehicles, and the sale and serv~de of industrial equipment. The Board finds that these buildings were on the premises prior to the Zoning Ordinance for the sale and service of farm machinery. This is in a "B" Business District were public garages are permitted by a special exception from the Board of Appeals. The Board finds that is better to grant this without naming a certain tenant. 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. Southold Town Board of Appeal~J -27- June 25, 196,-~ On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Shephard M. Scheinberq, Esq., 220 Roanoke Avenues Riverhead, New York, a/c Josephine Housner, 159 Woodhull Avenue, Riverhead, New York, be granted permission to use premises in Southold for the sale and servic~ of farm machinery and other relative vehicles, and the sale a~d service of industrial equipment, on premises located on the north east corner of Railroad'Avenue, and North Road, Southold, New York, subject to the following conditions which apply to all public garages: 1. No major repai~ work shall be performed in the open. 2. Pumps, lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or highway~ right-of-way, or property line. 3. Ail fuel oil or similar substances Shall be stored at lesat fifteen (t5) feet distant from any street or lot line. 4. No automobiles, or automobile parts, dismantled or damaged k~hicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be per- mitted. 5. Signs to be in accordance with Article IV, Section 408, of the Building Zone Ordinance of the Town of Sout~ld. Vote of theBoard: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 686 - 10:00 P.M.(E.D.S.'T.), upon application of S.T. Soge, Treasurer, Island's End Golf and Country Club, Inco, Route 25,~ Greenport, New York, for'a special exception in accordance with the Zoning Ordinance, Article III, Section 300~ Subsection 11, for permission to renew and relocate an on the premises idenification sign granted June 25, 1962. Location of property: north side Route 25, Greenport, New York, bounded north by other land of applicant~ east by Leroy Brown, south by Route 25, west by Warren~ Critchlow. Fee paid $5.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. Southold Town Board of Appe~s -28- June 25, lb_~ THECHAIRMAN: Is there anyone present who would like to speak in favor of this application? MR. RICTOR: We would like to move this sign a little further to the east. T~E CHAIRMAN: Do you have an application for a change of zone? M~. RICTOR: For the ClubHouse. LTHE CHAIRMAN: I can't see anything wrong with this sign. There was some discussion about how much of the club was private and the percentage of business done from the public. It seems that the club is being run as a business, howeuer it is not zoned business. 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 Island's End Golf and Country-Club wishes to erect an on premises idenification sign. The sign will read the same as before "Island's End Golf and Country Club, Inc., Greenport, Long Island, N.Y." This will be a ground sign~ The Board finds that this sign is in the public interest~of the Town of Southold in relation to place of recreation. The Board finds that the public convenience and welfare and jmstice 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 by Mr. Gillispie,~ seconded by Mr. Hulse, it was RESOLVED that Is~nd's End Golf and CountryClub~ Inc.~ Route 25~ Greenport, New York~ be granted permission to renew an relocate an on the premises deidenification sign~ on premises located north side Route 25~ Greenportt New Yorkt subject to the following conditions: 1. The sign shall be 5 feet from any property line or highway line. Southold Town Board of Appea_~ -29- June 25, 19._j.~ 2, The sign shall be at least 3 feet from ground level 31 Subject to a change of zone~ the word "Restaurant" may be added to the sign. Vote of the Board: Ayes: Mr. Bergen, Mr' Gillispie,~ Mr' Hulse' PUBLIC HEARING: Appeal Noj 687 - 10:iS~P.M.(E.D.S.T.)~i upon application of!Alfred Kneski, Middle Road, Mattituck, New York, a/cPauline Kneski, Middle Road,~ Mattituck, New York, fora variance in accordance with the Zoning Ordinance, Article III~ Section 303, Article X~ Section 1000a, for permission to divide and build on a lot with insufficient frontage. .Location ofproperty: south side Middle Road (CR 27A)~ Mattituck~ New York*i bounded north by Middle Road (CR 27A)~ east by J. Blasco, south by-Sound Avenue, west by A~ Walgo. Fee paid $5.00. The Chairman opened the hearing by reading application for variance# 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, KNESKI: I do, MR. HULSE: How wide is the lot? MR.. KNESKI: About 53 feetl THE: CHAIPd~: When did you buy this lot? MR, KNESKI: It was handed down to me from my father about 1920. THE CHAIRMAN: You can't vary the side yards~ MR, BERGEN: We already told him~that' The Chairman explained to Mrl Kneski thataccess permission would be needed from the County~~ THE CHA~: Is there anyone present who wishes to speak against this application? (There was no response') Southold Town Board of Appea~ -30- June 25, After investigation and inspection the Board finds that Alfred Kneski wishes to divide and build on a lot with insufficient frontage. This situation was created by the County taken some of the property for the new road. This property has been in single and separate ownership since 1920. The Board finds that strict application to 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; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergem, it was RESOLVED that Alfred Kneski, Middle Road, Mattituck, New York a/c Pauline Kneski, Middle Road, Mattituck, New York, be granted permission to divide and build on a lot with insufficient frontage, on property located south side Middle Road (CR 27A), Mattituck, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. The Following letter was sent to Captain Martin Wuersttin, King Street, New Suffolk, New ¥~rk, who appeared ~efore the Board for an informal discussion: Dear Mr. W~e~stlin: It was the opinion of the Board of Appeals on June 25, 1964, that Captain Martin Wuerstlin may operate a residential marina, east side Narrow River Road, Orient, New York, for which a special exception was granted to Edward H. King. The Board of Appeals was informed of the purposes for which Captain Wuerstlin proposes to use the marina for as lessee of this marina. The Board feels that any uses other than the ones listed below would require additional consultation of the Board of Appeals. The following uses are proposed by Captain Martin Wuerstlin: 1. Harbor and store boats going to local residents, either full time or part time residents of the Town of Southold. 2. Sell gas and oil to the owners of the above, as well as to any local owners of boats. " Southold Town Board of Appea~ -31- June 25, 196~ "3. Bai~tackle, and soda may be sold. (no drinking water available on the premises. ) "4. Rent boats and or moto~ tO residence of the Town of Southold and their guests by-the day, or for a longer period. "5. The number of boats which Captain Wuerstlin proposes to rent is 6, and the maximum permitted in this particular operation is 10 boats and or motors. "6. All parking for this marina should be back off the highway. "Very truly you~, /s/ Robert W. Gillispie, Jr., Chairman, Southold Town Board of Appeasl." On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated June 11, 1964 be approved as sub~ittedo Vote of the Board: Aye~:eM~. Gillispie, Mr~ Bergen, Mr. Hulse° On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board or-Appeals set 7:30 P.M. (E.D. ST.), Thursday, July 9, 1964, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Edward Ford, South Harbor Road~ Southold, New York, for recognition of access in accordance with the State of New York Town Law, Section 280A. L~ ation of property: east side South Harobr Road, Southold, New York, bounded north by-W.C.' Chapek, and others, south by land of E. Ford, west by South HarbbrlRoad. vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr~ Hulse. On motion by Mr. Bergen, seconded by Mr~ Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:40 P.M. (E.D.S.T.)~ Thursday, July 9, 1964, at the Town Office, MainRoad~ Southold, New York, as time and place _ofhearing upon application of Land and Sea Motor Sales,. Inc., Main Road, Mattituck, New York, for a special exception in accordanc~ with the Zoning ordinance, Article IV, Section 400, Subsection 9~ for permission to install a parking lot for the sale of used cars. Location of property: southwest side Main Road and Bay Avenue, Mattituck, New York, bounded north by Main Road~ east by Bay~venue~ south by'E.W. Wilsberg, Southold Town Board of Appe~ -32- June 25, 19b~ west by Eo ~. Wilsberg. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr, Hulse. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, July 9, 1964, Town Office, Main Road, Southold, New York, as time and place of hearing upon application of Fredrick and Rosemary Gagen~ 711 Front Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11, and Article X~ Section 1007, Subsection for permission to change a tourist sign to a real estate sign, and for permission tocchange the use of the premises. Location of property: south side Front-Street, Greenport, New York, bounded'north by Front Street, east by Ernest F. Richter, south by O. Goldin, west by-C° Magoey. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen~ Mr. Hulse. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.D. ST.), Thursday, July 9, 1964, at the Town Office, Main Road, Southold, New York, as time and place of_~hearing upon application of Jo Richard Holmes, Mill Road, Mattituck, New York~ for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 11~ for permission to erect a directional sign on the property of Benjamin Jazombek. Location of property: south side Sound Avenue~ west or'cox Neck Road, Mattituck, New York, bounded north by Sound Avenue, east by-Charles Jazombek, south byBarbara Jazombek, west by Barbara Jazombek. Vote of the Board: Ayes: Mr. Gillispie, Mr' Bergent Mr. Hulseo On motion by Mr. Bergen~ seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.D. ST.)~ Thursday~ July 9, 1964, at the Town Office, Main Road, Southold, New Tork~ as the time and place of hearing upon application of J. Richard Holmes, Mill Road, Mattituck, New Y~k, for a special exception in accordance with the Zoning Ordinance, A~ticle III, Section 300, Subsection 11, for permission to erect a directional sign on the property of James Norris. Location of property: north west side Sound Avenue and Cox Neck Road, Mattituck, New York, bounded north by W. Chudiak, east by Cox Neck Road, south by Sound Avenue, west by Hallock-Chudiak. Southold Town Board of Appea~ -33- June 25, 19b~ Vote of the Board: Ayes: Mr~ Gillispie, Mt. Bergen, Mr. Hulse. On motion by Mr, Hulse, seconded by ~Lr. Gillispie, it was RESOLVED that the South~ld Town Board of Appeals set 9:00 PiN. (E.D.S.T.)~. Thursday, July 9,. 1964, at the Town Office, Main Road, Southold, New York, as time and place of hearing upon application of J~C.P. Contracting Corporation, 958 Church Street, Baldwin, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, for permission to install a temporary contractors yard for state highway improvement work. Location of property: north side Ackerly Pond~Lane, Southold,~ New York, bounded nort~ and east by land of W.C. Bolenius, south by Ackerly Pond Lane, west by land of W.C. Bolenius. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. The next meeting of the Southold Town Board of Appeals will be ~eld at 7:30 P.'M.(E.D. ST.), Thursday, July 9, at the Town Office~ Main Road, Southold, New York. Meeting adjourned 1:00 A.M. Respectfully submitted, Barbara L. Carroza, Secretary APPROV f