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ZBA-05/25/1967
APPEAL BOARD MEMBERS Robert ~f/. Gillispi¢, Jr., Chairman Robert. Bergen Charles Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals -~OUTHOLD, L. I., N. Y. Telephone SO 5-9660 ~__~'_~ _u T E S SOUTHOLD TOWN BOARD OP APP~ May '25,. 1967 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, ~ay 25, 1967, at the Town Office, Main Road, Southold, New York. There,were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen~ Fred Huls$, Jr., Charles Grigonis, Jr. Absent: ~r. Serge Doyens. Jr. PUBLIC ~3~RING: Appeal No. 1078- 7:30 Pursuant'to Town Law, a rehearing upon application of Eastern Shores, Inc., North Road, GreenPort~ New Yorka for a special exception in accordance with the Zoning Ordinance~ Article Section 300, Subsection 9, for permission to retain two sub~ division identificationsigns ~ith insufficient setback on the property of J.J. Vaccaro and A.M. Atwan. Locatiun of properties: north side North Road (CR 27), on the east and west side of Moore Lane North, Eastern Shores, At Greenport, Greenport~ New York. No fee required. Southold Town Board of Appeals -2- May' 25~ 1967 The Chairman opened the hearing by reading the application for a special exception~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and noticeto the applicant. (The Chairman read in pa~t the action of the Board of Appeals on April 13, 1967.) THE CHAIRMAN: The lots at the entrance to the subdivision at this pointhave been sold. Do you ~have permission from the property owners to have signs therenow? MR. MORGAN: Mr. Vaccaro has given his permission. ~r. A.M. Atwan strongly objects. THE CHAIRMAN: We have to have letters of permission. MR. BERGEN: When they bought the property they didn't agree to have the signs there? MR. MORGAN: No, they didn't. We were thinking about taking those signs down and putting up a hanging sign identifying the area. THE CHAIRMAN: On which side is Vaccaro's property? MR. MORGAN: On the east side. MR. BERGEN: You will have to move the sign on the west side. THE CPL%~IRMAN: What type of sign are you planning to put up? MR. MORGAN: Just the wording Eastern Shores Estates, 16 inches long by 6 inches wide on the property of Vaccaro, one foot back. THE CHAIRMAN: Those are font feet by four feet that are there now, however, you say theywili be replaced. MR. MORGAN: The Town may take of the roads in Section how do we keep permission to keep the signs? THE CHAIRMAN: Keep your permission from Mr. Vaccaro. We can't authorize~identification on public property. Southold Town Board of Appeals -3- May 25, 1967 THE CHAIRMAN: This Mo~re~Lane North is in Section II? MORGAN: Technically. THE CHA~: Is there a strip of land between Section I and Section II? MR. MORGAN: Yes. THE CHAIRMAN: Does this Section ~un all the way to the sound? MR. MORGAN: That is a separate corporation/ THE CHAIRMAN: Between this entrance at Moore Lane North and the property where the double sign is for acreage you can go around in sort of a U shape? I am trying to make this clear to everybody~ including myself. MR. MORGAN: They are two locations, separated by 500 feet. THE CHAIRMAN: We are clear about all of these except sign number four which is the acreage sign. It has been moved and has been separated from what should be one sign. MR. BERGEN: When it has four post it becomes two signs. You can V it on three poles. THE CHAIRMAN: It looks awful close to the property line. We approved what was there in April. MR. MORGAN: That sign has not been moved. MR. HULSE: It will have to be moved back-then,, and the sign will have to be combined. MR. MORGAN: Aren% they in a V shape now? THE CHAIRMAb~: They are two separate signs there now° The angle should not be any larger than the narrowest d/mension of the sign. Iknow last fall the sign was set back further on the proper,ty. This sign should be no closer than fifteen feet from the property line. Is there anyone else. who wishes to speak en this application? (There was no response.) Southold Town Board of Appeals -4- May-25, 1967 After investigatinn and inspection the Board .finds that the applicant requested a rehearing for the signs located on the east and west side of Moore's Lane North. The Board finds that the applicanthas onlythepermission of the property owner on the east side of Moore Lane North. The Board confirms the action of the Board of Appeals as taken on'April 13.~ 1967 on appeal no 1078 in regard to sign number one located on the east and west side of MCCann Lane~ and sign number three located on the property of Gildersleeve. The Board grants permission for one subdivision identification sign, no larger than 20 inches by 8 inches to hang on four '~by four ~ost on the property of-J.J. Vaccaro on the north east corner of the intersection of Moore Lane North and Route 27. With reference to item number four the location of the double face sign, it should be at least fifteen feet from the property line on the north side of Route 2~. This sign shall be angled so that the angle shall be no ~rger than~e smallest dimension of the sign, which shall be joined together. The Board finds that the public convenience and welfare and justice will be served and the legally ests%~ished or per- mitted use of neighborhood property and adjoining use. districts will not be permanently or substantially injured and the spirit of theOrdinance will be observed. On motion by Fir. Gillispie~ seconded by Mr. Bergen, it was RESOLVED that Eastern Shores~ Inc,, Greenport~ New York, be granted permission to maintain signs as described above on the property of J.J, Vaccaro, and on the~property of Eastern Shores, Inc. This permission is granted subject~to the following conditions: 1. Both signs shall be granted for a period of one year, renewable annually upon written application to the Board of Appeals. 2. Bo~h signs shall be subject to all subsequent changes in the Southold Town BNilding Zone Ordinance as it applies to signs. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,, Mr. Hulse, Fir. Grigonis. Southold Town Board of Appeals -5- May- 25~ 1967 The Hearing on Appeal No. 1094.~as reopened bythe cha~ww~an. This was upon application of William-Wickham~ Esq.,. Mattituck, New York, a/cHoward C. & Matilda Bigg, Ha~water Road, Cutchogue, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 303 & 307, Article'X, Section 1000A, ~or permission to divide property. Location of property: north west side Haywater Road, Nassau Point, Cutchogue, New York, lot numbers 9 & 10 in Peconic Bay PropertiesaInc. TheChairman reread the application for a variance. The Chairman also read the letter in the file from W~A~ Baldwin. THE CHAIRMAN: As I recall this,the proposal was to vay the easterly line of lot number 10 so to provide for-what appears to be about five foot setback from the side yard line which would include the present-house, or part of the house on lot number 9. The bulk of the house is on lot number 10, part is on Iot-$9. The proposed house on lot nubmer 9 Would be considerably closer to the water than the other houses in this section. Is there anyone presentwho wishes to speak for this application? WILLIAM WICKHAM, ESQ,': At this disc ussion at the last_ meeting we pointed out the location of the house on lot number 9 and you adjourns the meeting to have Mr. Goeller present to discuss'this location. We have Mr. &'Mrs. Goeller and Mr. & Mrs. Bigg here in case you Wish any further discussion. THE CHAIRMAN: .The application involves the.division of one lot. WT~.IAMWICEHAM, ESQ.: It involves division and the proper lo~ation of another house. THE CHAIRMAN: Is Mr. Baldwin here tonight? (No response.) THE CHAIRMAN: I think there was a question of the water supply here. WI?J.IAMWICKHAM, ESQ.~: That is taken mare of~ THE CHAIRMAN: What is the acreage, do you know off hand? WI~.LIAMWICKHAM, ESQ.: It is 65 by 300. Southold Town Board of Appeals -6- May 25, 1967 MR. BIGG: The ~rea is 16a800 square feet on lotnumber 9/ THE CHAIRMAN: I get 16~100 square feet. I persume the adjoining ~t is the same. MR~ BIGG: It's a little larger . I bought lot number 9 from Barker~ and lot number~10 from Braun. THE ~CHAIRMAN: It was prior to z~ing? ~R.~ BIGG: That is right. MR. BERGEN: Was the house on lot number 10 when you bought it? MR.' BIGG: No. I built the house in 1947. I can't understand how t~s~happened. I had a surveyor down there and I put the house six inches inside the line. THE CHA~: Seems to indicate that the surveyor was-wmong. The chief problem is the ~ ,house onlot number'9. If this was granted as a variance ! want to define the location of the house on lot number. 9 so,~at~it won't' vary too much the present setback down there. It-w,~!~d' probably ~volve locating the house north and south rather. ~ east and west. The house would have to run lenght~wise on the lot. MR. RTILSE: Are you going to leave a five foot side yard on lot number 9? MR. BIGG: Yes. THE CHAIRMAN: Want to have five feet and 7~ feet sideyard on lot number 9~ and we would also wantto have... MR. PR/LSE: Wouldn't it have to be 10 foot side-yard? THE CHAIRMAn,: It is a narrow lot. If you hold to 7~ feet from westerly line of lot number 9, hold to 10 feet of easterly line and locate the house in this section. We have to consider for purpose Of valuation the front yard setback as rear yard setback. What the people are concerned with here is the setback from the water. The Ordinance requires that the houseshould be at least 35 feet back from the road. WILL/A~WICKHAM,. ES~.': I want to point out,. the location of the house as proposed on lot'number 9~ lines up withthe house to the East. Ф ó7‡A T À a :³ E :³ Ä·% :³ :³ 4°©&Ô=P o À xù’½i¿#¾ð32ƒ•$¦X2‚‰‰•fTYšZ›`qŠ©±¦c‚C ]#É]såì¬â@E¼‚c˜«_¨«B¸kpˆ‚îõWFæffƸ–F¦æ¦tmGšÒ¤ û@‡G T À a :³ G :³ Í·% :³ :³ 4°©&Ô=P o À xù’½i¿#¾ð32ƒ•$¦X2‚‰‰•fXšZ›aqŠ©±¦c‚C ]#É]såì¬â@E¼‚c˜«_¨«B¸kpˆ‚îõWFæffƸ–F¦æ¦tmGšÑ¤ ŇL T À a :³ I :³ Ö·% :³ :³ 4°©&Ô=P o À xù’½i¿#¾ð32ƒ•$¦X2‚‰‰•f0ZšZ[`qŠ)HÝ1Á!ŽÎ®‘䮹röVq "^Á1ÌÕ/ÔU!Ü58DÁ÷ú+#s33c\ K#SsSº¶#ÍiÒŽ ·R T À a :³ K :³ à·% :³ :³ 4°©&Ô=P p À xù’½i¿#¾ð32ƒ•$¦X2‚‰‰•±F0ZšZš`qŠ©±¦c‚C ]#É]såì¬â@E¼‚c˜«_¨«B¸kpˆ‚îõWFæffƸ–F¦æ¦tmGZФ ö:‡F T À b :³ M :³ ì·% :³ :³ 4°©&Ô=P À o À xù’½i¿#¾ð32ƒ•$¦X2‚‰‰•1f´XšZšaqŠ©±¦c‚C ]#É]såì¬â@E¼‚c˜«_¨«B¸kpˆ‚îõWFæffƸ–F¦æ¦tmGZÒ¤ þC‡L o À xù’½i¿#¾ò32ƒ•$¦X2‚‰‰•f0ZšZ[`qŠ)HÝ1Á!ŽÎ®‘䮹röVq "^Á1ÌÕ/ÔU!Ü58DÁ÷ú+#s33c\ K#SsSº¶#ÍiÒŽ ·R T À a :³ K :³ à·% :³ :³ 4°©&Ô=P À p À xù’½i¿#¾ð32ƒ•$¦X2‚‰‰•±F0ZšZš`qŠ©±¦c‚C ]#É]såì¬â@E¼‚c˜«_¨«B¸kpˆ‚îõWFæffƸ–F¦æ¦tmGZФ ö:‡F x ¦ R ã Ì] šF׃ÄY™EÛ‡ È] žJß‹!Ím®Zê–4à+à o ± B î ˆ 4 Î z À Z Læ’,Ør ¸dþªDðŠ6Ô€Æ\´ ` ÿ O ¿^“Ý ;³ ±) I Þ d Southold Town Board of'Appeals May"25, 1967 MRS. GOELLER: Our house plans call for a 50 foot house. We can'tmake the house much smaller than 50 feet~, and I don't ~elieve we could get 50 feet in there. THE (~AIRMAN: Is the house 50 feet by 50 feet? MRS. GOE~ ER: No it is 50 feet by 20 feet. THE CHAIRMAN: You may ha~e to rearrange your ideas. Might have to put the house lenghtwise on the lot . ~R. BERGEN: .Is there a garage on the house? MRS.' GOELLER: No. M/{j HULSE: If you run the house the,other way you would have no problems. T~E CHAIRMAN: This whole situation is irregular. This is technically the legal back yard for zoning Rurposes. The front yard is on the street. WT?J-~!AMWIC~,ESQ.: If you took the average setback, what is youcside yard requirement on a lot of this size, even you allow~one number 10 a five foot side yard? THE CHAIRMAN: I think it would be five feet. WILLIAM WICKHAM,' ESQ.: On lot number 107 THE CHAIRMAN: Yes, five feet and 7~ feet. I think we could permit the house with the average setback. Whatever is built on this property must be five feet-from one side and 7½ feet from the other side. WTITw. IAMWICKHAM;' ESQ.: The setback would be determined by the two houses on either side? THE CHAIRMAN: Yes. No portion shall be closer than 35 feet from the right of way. Is there anyone present 4o speak_~againstthis application~ ~(~There was no response.) $outhold Town Board of Appeals --9- May 25~ 1967 After investigation and inspection the Board finds that the. applicant requests permission to divide property.with insufficient frontage and construct a house on a lot with insufficient side yard requirement. The Board finds that the lots in question were bought as separate lOts by ~the applicant. Both lots have ample area to meeti~?the Zoning requirements° The Board grants the application as appliedfor~ specifing the rear yard setback of the proposed house to be built on lot number 9 shouldbe at least the average setback from ordinary high water'mark. Average setback is obtained by an average of the setback on the two structures to the west of lot number 9 and the two structures to the east of lot number 9o The house shall be no closer on the westerly side to the adjoining property than five feet~ as res~rveyed~ no closer'than 7~ feet to the easterly side line; no closer to Haywater Road than 35 feet° The Board finds that the water supply for this area is from a common water supply. The Board finds that strict appplication of the Ordinance will produce practicai~ difficulties or unnecessaryhardship;- the hardship createdis unique and would not be shared-by all properties alike in the immeidate vicinity of this property and in the same use distr$ct; 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. Bergen, it was RESOLVED that~WilliamWickhmm,~ Esq.~ Mattituck,. New York~ a/c Howard C. & Matila Bigg~ Haywaters Road~. Cutcho~e, New Yorka be GRANTED pemm!ssion to divide property as applied for and to construct a new house on lot number 9 in accorda~e with the specifications set forth above. Location of property: north west side HaywaterRoad, Nassau Point, Cutchogue, New York. Vote of the Board: Ayes:- Mr. Gillispie,. F~r. Bergen,. ~4r. Hulse,~bir. Grigonis. Southold Town Board of Appeals -10- May 25, 1967 PUBLIC HEARING: Appeal No. 1098 - 8:15 P.~M.(E.D.S.~ )', Upon application of Laughing Water Property Ownems Assoc., Souttold~ New York, for'a special exception in accordance with the Zoning Ordinance, Article III, Section300, Subsection 5 for permission'for .a marina for the.docking~ mooring or accommodation of not more than s/x (6) non-commercial boats. Location of ~roperty: north east side Minehaha Blvd., Southold, New York, boundednorth by Drain-Canal-Corey'Creek~ east-by Haggerty, south and west by Minehaha Blvd. Fee paid $5~00. The Chairman opened the hearing by.reading the application for a special_exception, legal notice or'hearing, affidavit attesting to its publicationin the officialnnewspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone presentwho wishes to speak infavor ~ this application? MR.~ VAN TAGGERT: I do. THE CHAIRMAN: Do you have anything to add to the application-? This-has been there for years. All you are doing is improving it. Is it correct that you will use it'for six boa%s? MR2 VAN'TAGGERT: There are 20 some boats in there. THE CHAIRMAN: Is that what the originalkfacility accommodated was 20 boats? MR. VAN'TAGGERT: Each of these lots that were s01d have a right'to keep a boat. The association kept-coming to me saying there is no place to put my boat. THE CHAIRMAN: How many boats are there? MR.' VAN TAGGERT: 20 boats at'the present time. THE CHAIRMAN: How .~many-did it ha~e? MR~ BERGEN: This is actually justbeing improved. THE-'CHAIRMA/~: I think you appliedfor this under the wrong section of the zoning Ordinance. What you are asking for is to improve the marina. To identify this project as improvement of an area that accommodated 15 to 20 boats of various sizes will now accommodate at least 20 boats. Woutlyou like to expand that figure to 25 boats? Southold Town Board of Appeals -11- May 25, 1967 FIR.- VA~ TAGGERT: Yes, I would. THE CHAIRMAN: Anyone else wish to spea~ for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who ~ishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any other questions? (There was no response. ) After investigation and inspection the Board finds that the applicant requests permission to improve and enlarge an existing private marina. The Board finds this enlargement is necessary to accommodate all the people who own~lots in the Laughing Water section that have deed rights to keep at boat at 'this marina. The Board finds that the improvements will consists of a new bulkhead, some flo~ting docks to replace stakes thatwere used by the residents to moor their private boats. All boats using this facilityare owned by the residents ofthe area and are members of the Laughing Water'Property Owners Association. The Board finds that the public convenience-and welfa~ and justice will be served and the legally established or permitted use of neigtuborhood property and adjoining use districts will 'not be substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigonis, seconded byMr. Gillispie, it was RESOLVED thatLaughing Water Property'Owners Association, Southold, New York, be GRANTED permission to improvea private marina as applied for, on property located onnorth east ~w~ side Minehaha Blvd.,-Southold~ New York. This permission is subject-to the following conditions: t. This boat basin shall be limited in use to only the residents ~nd property owners in the Laughing WaterProperty Owners Association. Southold Town Board of Appeals -12- May 25, 1967 2. There shall be no services for party boats. 3. No boats shall be rented or-leased. 4. There shall be no sale of any commercial products. This condition is without predjudice to any future application to per- mit the sale of gasoline at the permises for the boats moored at this baat basin. 5. The number of boats to be accommodated shall not exceed 25 boats. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis. PUBLIC HEARING: Appeal No. 1099 - 8:30 P.M.~CE.D.S.T.), ~Upon application of Wiltard E. Keddy, 76 Wyona Avenue, Selden, New York, a/c Michael Marschean, 91-51 90th Street, Woodh~en, New Yor~, for a special exception in accordance with the Zoning Or~ance with the Zoning Ordinance, Article III, Section 305,-for permission to construct a dwelling with insufficient setback from the front property line. Location of property: north side Terry'Lane, Southold, New York, lot number 9 in J.T. ~ertson Subdivision, Fee cpaid $5.00. The Chairman opened the hearing by reading the application for a 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? WTT.LARD E. KEDD¥: I am applying form Mr. Marschean. TP~ CHAIRMAN: You are building the house? WILLARD E. KEDDY: Yes. THE CHAIRMAN: What is the average setback there? H(NFARD TERRY: The measurements are in the file. THE CHAIRMAN: These measurements are taken east to west? HOWARD TERRY: West to east. Southold Town Board of Appeals -13- May 25, 196.7 THE CHAI~iWAN: The average setback there would be 28 feet. You proposed to build 15 feet from the property line. WILLARD E. KEDDY: We mould keep it in line with the 18 feet. I took the information from the owner to hold a 15 foot setback. Sincd the other-homes had setback the 18 feet we would not be able to keep in line without interferring with the existing garage. THE CHAIRMAN: We have to consider the two houses to the east and two houses to the west. On that basis you have eighteen feet~ twenty feet, fifty-five feet and ~ourty-seven feet. The average setback would be 35 feet. We looked at this this afternoon. Unless you can combine the garage and still stay back 35 feet that would be it. WILLARD E. KEDDY: There was a river bed in back of that area. To go back any further would create problems to set the house on good bearings. As you go further east you get, better ground. That was filled in may years ago. MR. BERGEN: It would have settled by now. WIT.Tg%RD E. KEDDY: There is water in there. THE CHAIRMAN: It ~ not at-water level is it? WILLAR~ E. KEDDY: Yes. ' THE CHAIRMAN: What was your suggestion, to m -WT?X.ARDEj KEDDY: The existInggarage is abo I stay in line with the other five home I would b feet of the existing garage. It will not~interfe there will be half of it open and half closed off THE CHAIRMAN: When you located the house you block half of the garage off? ove it back 20 feet? Mt 50 feet. If s within four with the ~arage, are going to WIT.T~RD E. KEDDY: Right. THE CHAIRMAN: Suppose you attached the garage to the house. WILLARD-E. KEDDY: It would be between 3½ and 4 feet. THE CHAIRMAN: That would gi~e you about 24 foot setback. W/LLLARD E. KEDDY: About 22 feet is t~e most we could get. Southold Town Board of Appeals ~14- May 25, 1967 MR. HULSE: Why don't you move the garage? WILLARD E. KEDDY: It would be disturbed. in the garage, there is electricity, plumbing. There are facilities CHAIRMAN: Where is this river bed? WI?.LARDE. KEDDY: Right inback of the.garage. Within 10 feet behind the garage. As you move~further west it becomes closer to the road line. There is a cesspool there th-eSe people have used before. MR. BERGEN: Have they lived in this garage? WILLARD E. KEDDY: I guess in the summer~mo~Ihs they did. THE CHAIRMAN: Is the applicant here? WTT.LARED E. KE~Y: I am representing him. THE CHAIRMAN: You can't move the garage without hitting the cesspool. The cesspoll can't be used as a hardship. When did he build this garage. WITJ~R~ E.' KEDDY: In 1947. THE CHAIRMAN: Can you attach the garage to the house? W~ E. KEDDY: No, not at this point 9~ I can't THE CHAIRMAN: Actually'he is adding an out building in the front yard area. He lived in this place. This is the main structure on the Y~w~ lot. We are being askedto'put an accessory building in the front yard area and reduce the front yard setback which is 35 feet. ,HOWARD TERRY: The average is 27 feet if you take all the' house on the road. THE CHAIRMAN: We could justify 27 foot setback, but we couldn't justify 15 foot setback. Southold Town Board of Appeals -15- May 25, 1967 WILT~RD E.- KEDDY: CSuldn't it be setback 18 feet to keep in line with the other existing house. MR. PU3I~E~ It would have to be at least 28 feet. THE ~: An that is only because of the,unusual conditions in the back yard area. Nocase we could consider 18 feet. DILLARD E. KEDDY: If we add it to the garage~at would still only give us23 feet back. THECHAIRMAN: This is one thing that-has to be enforced. Is there anyone else who wishes to speak on this application? (There was no response.) THE CHAINMAN: Is there anyone present who wishes' to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct a dwelling with insufficient front yard setback. The applicant proposed 'to set the house 18 feet from the front property line. There is an existinggarage on the property. The Board finds that the average setback, taking all the dwe~ngs on the road is 28 feet. The average setback, taking the two houses to the east and the two houses to the west, is 35 feet. The Board is wiiling to allow this structure to be 28 feet from the front property line~ If the dwelling were located any closer to TerryLane it~would notbe in keeping with the characeerof the neighborhood and would not observe the spirit of the Ordinance. The Board finds that strict application of the Ordinance wilt not produce-practical difficulties or unnecessaryhardship; the hardship creaked is not unique and would beshared by all properties alike in the immediate vicinity ~f this Property and in the same use district; and the vari~e does net observe the spirit of the Ordinance and will change the character-of the district. On motion by Mr. Gillispie, seconded by Flr. Hulse, it aRs RESOLVED Willard E. Keddy, 76 Wyona Avenue~ Selden, New York, a/c Michael Marschean, 91-51 90th Street, Woodhaven, New York, be GRANTED permission to construct a dwelling on prgperty ~Southold_Town Board of Appeals -16- May 25,. 1967 located on the north side Terry'Lane, Southold, New York, lot number 9in J~T. OVerton. Subdivision. This permission is granted sabject to the following conditions: The House shall be located at least 28 feet from the property line on Terry Lane; at least five feet from the westerly side yard; at least four feet from the easterly side yard. If the garage is incorporated into structure it shall be no closer than 10-feet on the westerly side. Vote of ~he Board: Ayes:- Mr. Gillispie, Mr. Bergen,. Mr. Hulse, Mr. Grigonis. PUBLIC HEARING: Appeal No. 1100 - 8:45 P.~(E~D~-S~'T.)'~. Upon application of George Mellas,East Gillette Drive, East Marion, New York, for a special exception in accordance with the'Zoning Ordinance, Article IV, Section 408, Subsection A, for permission to retain two existing ground signs. LoCation of property= north side Main Road, Greenport, New York, bounded north by Ernest'Wiggins% east by Ernest Wiggins, south b ~in Road, west by Dorothy'~arey~ Fee paid $5.00. The Chairman opened thehearing by reading the application for a special exception, legal notice of the hearing, affidavit attesting to its publication in the official newspaper, and notice tothe applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GEORGE MELI~S: That property on the westhas been sold to Stevenson. THE CHAIRMAN: The description was taken off the tax book~ it probably hasn-'t been changed yet. Do you want to add anything to the application? GEORGE MELLA~: I could show you a couple of photographs I took. The trees block this out a little bit right~ow in'that area. There is Island End's and Crescnet Beach and Dawn ~%ate signs in that area. THE CHA~: The Ordinance permits one wall sign on the front of the building. GEORGE MEL~: This sign has been there since 1952. Southold Town Board of Appeals -17- May 25, 1967 THE CHAIRMAN: Andyou are allowed one standing sign. You have one on the wall above the SKIPPER neon sign, you have two ground signs here. Do you think you need the two gound signs? GEORGE M~T.T~S: It helps catch the traffic from the east. THE CHAIRMAN: I went by there tonight. Ican't read it all. All I could see is SKIPPERS. You have two signs where one is permitted. Being this is.a place to eat, you would be permitted one directional sign off premises. ~R. H~LSE: How about instead of two double signs you split the signs and have two single face signs? GEORGE MELLAS: That would be alright. MR. HULSE: Let him split the sign. Just block off one side. THE'CHAIRMAN: Do you want to move the one on the west side? GEORGE MELLAS: That would be fine. THE CHAIRMAN: You block out the back'of the sign on the east side. Is there anyone present who wishes to speak'against this application? (There was no response.) After investigation and inspection the-Board finds that the applicant requests permission to retain~n one on premises identification ground sign. The Board gran~s the application providing the applicant paint out ~he westerly side, or'the sign on the, we~t side of the property and paint out the easterly side of the sign on'~e east side of the property. The Board finds there is a uisibilty problem at this property and these signs are in the interest of the travelling,~ public. The Board finds that the public convenience and welfare and justice will be served and the legally esta~ lished or permitted use of neighborhood property and adjoining use districts will not be substantially~njured and the sp!~it of the Ordinance will be observed. Southold Town Board of Appeals -18- May 25, 1967 On motion by bit. Hulse, seconded by Mr. Grigonis,it was RESOLV~O that George Mellas, East Gillette Drive, East Marion New York, be granted permission to retain more than one ground sign as specified by the Board, on property located on the north side Main Road, Greenport, New York, subject to the following conditions: 1. This sign shall be granted for a period of one year, renewable annually upon written application to the Board of Appeals. 2. This sign shall be subject to all subsequent changes in the Southold Town Building Zoning Ordinance as it applies to signs. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,' Mr. Hulse, Mr. Grigonis. On motion by Mr. 8illispie, seconded by'Fir. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M.(E.D.S.T.), Thursday, June 8, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Ben T. Driskell and Maren Driskell, North Bayview Road, Southold, New York, for recognition of access in accordance with the State of'New York Town Law, Section 280A, Location of property: north side North Bayview Road, $outhold, New York, bounded north by H. Matins-G. Davis, east by Harry Schumacher, south by North Rayview Road, west by John Ringold. Vote of the Board: Ayes:- ALL On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:40 P.M.(E.D.S.T), Thursday, June 8, 1967, at the Town Office, ~ain Road, Southold, New York, as the time and place of hearing upon. application of Theodore O. Bittner, Sound View Av~ue, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 5 (~), for per- mission to operate and. maintain stables and a riding academy. Location of property: south side Sound View Avenue, Southold, new York, bounded north by Sound View Avenue, east by Zebroski-Booth, south by North Road, west by Sepenoski-Bittner. Vote of the Board: Ayes:-ALL Southold Town Board of Appeals -19- May 25, 1967 On motion by I~r. Grigonis, seconded by Mr. Bergen, it ~as RESOLVED that the Southold Town Beard of Appeals set 8:00 P.M.'(E,D.S.T.)~ Thursday,June 8, 1967, at the Town Office, Main Road, Southold, New York,'as the time and place of hearing upon application of Theresa Bollhoefer, 29 B~muce Street, Garden City, New York, fora variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to set off a strip of land with insufficient frontage and area. Location of property: south side East Road, Cutchogue, New York, bounded nor th by Eas~ Road, east by Wickham, south by'L. Combe, west by Willis. Vote of t~e Board: Ayes:- ALL On motion by Mr. Bergen, seconded by blt. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M.(E.D.S.T.), ~hursday, June 8, 1967, at the Town Office, Main Road, Southold, ew York~ as the time and place ofhearing upon application ofErnest Radford, Main Road, East Marion, New York, a/cF~ancisco Est., Greenport, New York, ~for a variance in accordance with the Zoning Ordinance, Article III, Section 303, For permission to set off t~o lots with insufficient frontage and for approval of access in accordance with theState of New ;York Town Law, Sectic~ 280A. Location of property: north side North Road,' (eR 27), Greenpcrt, New.York, bounded north by Long Island Sound, east by H. Jj Bohlke, south by North Road, i(CR 27) west by'M.C. Pfeffer. Vote of the Board: Ayes:- ALL On motion by Mr. Gillispie, seconded by'Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated May 11, 1967, be approved as ~s~bmitted~ Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,~ Mr. Hulse, Mr. Grigor~s. The meeting was adjourned at 11:00 P_PROVED ,~Chairman Board of Appeals Respectfully submitted, Barbara C. Dittmann, Secretary Southold Town Board of Appeals