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ZBA-05/11/1967
Southolcl Town Boar Appeals SOUTHOLD, L. I., N. Telephone SO 5 ~660 APPEAL BOARD MEMBERS Robert ~'. gillispi¢, Jr., Chdirman Robert Ber~jen Cherles GreBonis, Jr. Serge Doyen, Jr. Fred Huls¢, Jr. MINUTES SQUTHOLD TOWN BOARD QF APPEALS May tl, 1967 A regularmeeting of the Southold Town Board of-App~ls was held at-the Town. Office, Main Road, Southeld, New York, at 7:30 P.M., Thursday~ May 11, 1967. There were present: Messrs: Robert-W. Gillispie, Jr.., Chairman; Robert Bergen, Fred Hulse,Jr.~ Serge Doyen, Jr. Absent: Mr.. Charles Grigonis, Jr. PUBLIC PF~.ARING: Appeal No. 1:086 - 7:3.0 P.M.~.D.S~)~ Upon application of Russell Tabor and Sons, Orient, New York~ for a special exception in accordance with the~ Zoning Ordinance, Article X~ Section 1003A, for permission to renew a farm labor'camp permit granted May 5, 1966. Location of Property: east side Platt Roa~, Orient~ New York~ bounded north by W.B. Karcher-V.T, Latham, east by R.W~ ~illispie~ south by G.W. Hallock~ west bY Platt Koad. Fee paid $5.00. The' Chairman opened the hearing by readingthe application for a special exception, legal notice of hearing, the affidavit attesting to its publication in the official newspaper~ and the notice to the applicant. Southold Town Board of Appeals -2- May 11, 1967 THE CHAIRMAN: Is there anyone present, who wishes to speak for this application? (There was no response.) THE CHA3RF~N: I will speak for it in this respect, I know of no difficulties at this camp. It is a necessary requirement to have a labor camp for farm help today. MR. BERGEN: Howard, is there any police record? HOWARD TERRY~,. ~(Build~ Ins.pector): Not that I know of. was down there~ today and the camp is okay. 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 the applicant requests pe~mi~on to renew a labor camp permit granted May 5, 1966. The Board finds that there has no, been any~comptaints concerning this camp, and to their knowledge, the policelhave never been called for disorderly conduct on'the.~rt~of the laborers. The Board finds that there will be no changes in this camp for the year of 1967, and it will be operated in the same manner for theyear of 1967. The Board finds and points out that the farmers must-have individual labor camps since the closing of the Greenport Co-operative LaborCamp& which rise to house a large number of laborers. 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. Bergen, secondedby Mr. Hulsea it was RESOLVED Russell TabD~'and Sons, Orient, New York~ be granted permission to renew a farm iabor camp permit granted May 5, 1966, on propezty located on the east side Platt'ROad, Orient, New York, as applied for. This permission is grantedfor a period of one yearlonlyo Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse~ Mr. Doyen. Southold Town Board of Appeals -3- MAy 11, 1967 PUBLIC HEARING: Appeal No. 10~8~ _T ~:35 P.~M.',[E,D. SjT.)~, Upon application of Ed's Sign Servise, 956 E. Main Street~ Riverhead, New York, a/c Al~s Liquor Store, Griffin Street, Cutchogue~ New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a)~ for permission to erect a ground sign with i~ufficient setback. Location of property: north east side Main Road and Griffin Street, Cutchogue, New York, bounded north bY'Chas. Schneider, east byA.'J. Terp, south by Main Road, west by Griffin Street. Fee paid $5.00. The'Chairman opened the hearing byr~ding the application for a special exception, legal notice of hearing~, affidavitattesting to its publication in the official .newspaper, and notice to the applicant. THE CP!~Iwd~_m~: The application is for a pole sign to be located on propertythat is in common ownership, occupied by a liquor store, variety store, and drug store and barber shop, all owned by the Terp family and operatedby Terp, except for the barber shop. The proposed location is on a strip of landbetween the side walk and the westerly wall of the North Fo~Variety Store. HOWARD TERRY: It is 12 feet to the bottom of the sign and the sign is 16 feet to the top, overall. .THE CHAIRMAN: The only thing we are requested to do is vary the height requirement. MRj HUL~E: (pointing to sketch) Is this were the sign is going to be located? THE CPIAIRMAN:~ointin~ to sketch) It is going in here. MR. HULSE: As the sketch shows, this sign is located to close to the line. THE CHAIRMAN: It would have to be five feet back from any property line. I think it is a legimate request. This liquor store is on a side street-and pursumably this would indicate where it is to anybody coming from the east and west. MR. BERGEN: This is a double face sign, right. THE CHAIRMAN: It can be.~seen either way. He is permitted a S~J~gle or double face sign~ six feet, six inches by twelve~ feet, six inches. Southold Town Board of Appeals -4- May 11, 1967 MR. HULSE: This is not a directional sign.' It is stated wrong in the application. THE C~: It is a little way from the premises of the liquor store. MR% HULSE: It is still on the same premises. THE CHAIRMAN: You can't call this a directional sign. MRe' HULSE: It is called a directional sign in the application. THE CHAIRMAN: This should be a directional sign. MR. HULSE: On premiees advertising sign. THE CHAINMAN: Is there anyone present who wishes to speak against~this application? (There was no response.) (Mr.- Edward Purcell showed plans forthe sign. He was advisedtthat the sign would have td be set back'at least five feet from all propertylines. Mr, Purcell stated that there would be a double post on the sign. It was d~termined that the height,, overall, of the sign will be 23 feet from~ground level.) After investigation and inspectien the Board finds that the applicant requests permission to erect a sign with excessive height. The sign will be approximately'23 feet from ground level. The Board finds this height is required so that the sign Will be visible to passing traffic. The Board points out this sign is an on premises advertising sign, however, it is directi~al in nature. The property on which the sign is located is one of common~(HH ownership, occupied bya liquor store, variety store, drug store and barber shop. The location of ~ sign will not change the-'ch~er of the district. The Board finds that the publicconvenience and ~elfare and justice will be served and the legallyestablished 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 Appeals -5- May 11, 1967 On motion by M_r. Gillispie, seconded by Mr. Bergen, it-was RESOLVED that~Ed's Sign Service, 956 E. MainStreet, Riverhead, New York, be granted permission, on behalf of Al~s Liquor'Store., Griffin Street, Cutehogue, to erect a sign with excessive height, subject, however to the following conditions, on premises located on the north east side Main Road, and Griffin Street, Cutchogue, New YorkK 1. The pole o~ the sign shall be located at least fi~e feet from any property line and the sidewalk. 2. No part of _the sign shall overhang the sidewalk. 3. The maximum height of the sign shall be 23 feet. 4. The sign is granted for one year only, renewable annually upon written application to the Board of Appeals. 5. The sign shall be subject to all subsequent changes in the S~uthold Town Building Zone Ordinance as it applies to signs. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Hulse, Mr. Deyen. PUBLIC HEARING: Appeal No. 1088 - 7:50 P~'M,(E.D.S.T.)I, Upon application ofWalter Teresko, New Su~Dlk Road, Cutchogue,. New York, for a special exception in accordancewith the'Zoning Ordinance,. Article III,~ Section 300~ Subsection 8, for permission to retain an on premises identification sign With insuffid~nt setback from the preperty line. LecatiQn of property:~ New Suffolk Road,~Cutchogue, New York, bounded nor'th by~W.H. Case-Teresko~ east by.J. Wickham Est., south by J.A. Tuthill Est.-Beebe, west by'Beebe-Teresko. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special e~ception, legal notice of hearing, the affidavit attesting to its. publication in the official newspaper~ and notice to the applicant, à‰î€ € T cÜ Î @— 3— ‡ì 3— 3— ° ±&Ô=P T fÜ @— 3— —ì 3— 3— ° ±&Ô=P T iÜ @— 3— §ì 3— 3— ° ±&Ô=P T pÜ @— 3— Ðì 3— 3— ° Á&Ô=P T Ü ¬ A— 3— Gí 3— 3— ° Ó&Ô=P T ŒÜ È A— 3— ˜í 3— 3— ° Á&Ô=P T Ü " A— 3— ¨í 3— 3— ° Á&Ô=P T ‘Ü ( A— 3— ±í 3— 3— ° Ó&Ô=P T ”Ü l A— 3— Âí 3— 3— ° Ó&Ô=P T —Ü D A— 3— Ñí 3— 3— ° Ó&Ô=P T šÜ F A— 3— àí 3— 3— ° ±&Ô=P T œÜ Ü A— 3— êí 3— 3— ° ±&Ô=P T ŸÝ „ B— 3— ùí 3— 3— ° ±&Ô=P T ¡Ü ø B— 3— î 3— 3— ° ±&Ô=P ˆ¿VO ! €ÒN¿VO ˆ€ÒN¨€ÒN South old Town Board of Appeals '7- May 11~ 1967 After investigation and inspection the Board finds that the applicant requests permission to retain an on premises identification sign with insufficient setback from~e property line. The Board finds that the sign identifies the applicant as a commercial flower business. The Board finds the location of the sign is the only feasible location on the property and still have visibility. It is the opinion of the Board this sign is not a traffic hazard. The Board finds that the public convenience and welfare and j~stice 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. Bergen, it was RESOLVED Walter Teresko, New Suffolk Road,-Cutchogue, New York., be granted permission to retaih an on premises identification sign with insufficient-setback from the property line~ as applied for on property-located on the New Suffolk Road~. Cutchogue,. New York. This permission is subject to the following conditions: 1. The sign shall be located at least one foot (1') from both property lines. 2. The sign. shall be granted for a period of one year, renewable annually upon written application to the Board of Appeals. 3. The sign shall be sub3ect to all subsequent changes in the Southold Town Building Zone Ordinance, as it applies to signs. Vote©of the Board: Ayes:-M_r. Gillispie, Mr. Bergen, Mr. Hulse, Mr, Doyen. PUBLIC HEARING: Appeal No. 1089 - 8:00'P,M..(~E.D,S,T.'), Upon application of John Elak~ Main Road, Cutchogue, New York, for a specbl exception in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 8, for permission to retain farm stand signs. Location of property: south sideMain Road, Cutchogue~ New York~ ~yOUD~e~ ~orth by Ma~n Road, east by M. Elak, south by M. Elak, west mms=rlct-hine, tee pai~ $5.00. Southold Town Board of Appeals -8- Say 11,'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 notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this applicatinn? ANNE ELAK: I am for it. MR. BERGEN: John always keeps a very neats~and. He has signs out for whatever is in season. .(A brief discussion was held onwhat the requirements shuuld be for farm stands along the road and the signs permitted ufor each sign..) MR. BERGEN: The stand is moved away in the fall. THE CHAIRMAN: Will it be five feet from ~the. property line. You are permitted a four feet by six feet sign, single or double face. Aetually what we have done, there should be identification on the front of the stand, facing the road,.and a sign on both sides of the stand. A standing sign would not be any good. These products are in¢idential to the use of the property.' .You can~put out a'sign-for strawberries for a couple of weeks, peas a couple of weeks, cauliflower for a couple of weeks. These can be hung on the. sides of the stand. Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that-the applicantrequests permission to retain farmstand signs, The Board finds that signs advertising the sale of different products a~_ different~times during the season are uses that are incidential tQ~he use of the property~ The Board f~ds that the applicant keeps a well maintained.,farm stand. 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. Southold Town Board of Appeals -9- May 11, 1967 On motion by'Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that John Elak, Main Road, Cutchogue, New York, be granted permission to retain farmstand signs on property located on the south side Main Road,' Cutchogue, New York~ as applie~ for, subject to the following conditions: 1. The farm stand shall be located at least five feet ~5') from any property line. 2. The signs sh~ll be granted for ~eriod of one ye~, renewable annually upon written application to the Board of Appeals. 3. The signs shall be subject to all subsequent changes in the $outhold Town Building Zone Ordinance as it applies~ signs. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Doyen. PUBLIC HEARING: Appeal No. 1090 - 8:15~ P.M~i.~.~.D.S.T.)',i Upon application of' Valentine Ruch, IV, 2 Wilkins Place, Tenafly, New Jersey, for a special exception in accordance with the Zoning~ Ordinance,~ Article III, Section 300, Subsection 9, for permission to retain the following signs for Arshamomaque Colony: 1) one subdivision sign with insufficient set~ack, located on the south side Middle Road, Greenport, New York, boundednorth byMiddle Road, east by Teeves, south by Cassidy, west by' Ruch and Others; 2) two area identification signs south side Middle Road, Greenport, New York, bounded north by Middle Road, east by property of Ruch, south by private road, west by land of Ruch. Fee paid $5.00. 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 notice to the applicant. THE C~AIRMAN: Is there anyone present who wishes to speak for this application? HAZEL MACK: I am for the sign. HOWARD TERRY: Are you representing Mr. Ruc~? HAZEL MACK: No. Southold Town Board of Appeals -10- May 11,. 1967 (The' Chairman read the order to remedy the ~iolation notice. ) MR. BERGEN: This one sign is the homesite sign? HO~IARD TERRY: That is a big four' by eight feet sign east of the reaod. MR. HULSE: It is out in the farm lot. THE CHAIRMAN: Sign number one is the subdivision sign with insufficient setback. It think it could be varied because of the visibility. Can't see over the hill there. The size of the sign is larger than is permitted in the present ordinance. A four foot by six foot sign is the maximum permitted,~ and there is no hardship involved that this sign could not conform to size. It would be my feeling~hat the setback which is 22,23 feet is sufficient.' The maximum size should be four feet by six. feet. The area identification Signs which are on the private road will have to be setback. These signs are placed on the split rail fence. The road is narrowed to about 12 or~ ~5 feet at the entrance. MR. HULEE: That was done to keep people from going 'up and down the highway. THE CHAIRMAN: This right of way is about 30 feet. It is a private right of way and this is reduced by putting, fences on eigher side of the right, of way. It is reduced to about 12 feet. It increases the chance of accidents. I don't think a sign is needed on both sides of the right of way. MR. BERGEN: Are these double face signs? THE CHAIRMAN: No, there are not. I am sure they are on the private right of way. I thihk these should be permitted five feet outof the right of way. MR. BERGEN: They will have to take the fence out of the highway. THE (HA~: It will have to be moved five feet ~ack. Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Bo~d of' Appeals -1-1- May lla 1967 After investigation and inspection 'the Board finds that the applicant request permission to retain the following signs for Arshamomaque Colony: 1) one subdivision identification sign with insufficient~setback; 2) two area identification signs with insufficient setback. The Board finds that the identification sign can not be set back any fu~hher on the property. ~If the sign were set back further it would not be visible to passing traffic. The Board points out this sign must be reduced in size to four feet by six feet, as that is the maximum size permitted under the present zoning Ordinance. The two area'identification signs designate the Arshamomaque Colony area. Thissign is necessary for delivery and other services. The Board points out these two signs must be setback at least five feet-from the private right of way. The split rail fence shall also be'relocated so that it is five feet from the private right of.way. The Board finds that the public convenience and welfare and justice Will be served and the legally established or per- mi~ted 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 mo~ion byGillispie, seconded by'Mr. Bergen, it was RESOLVED Valentine Ruch, IV, 2 Wilkins Place, Tenafly, New Jersey, be granted permission to retain the following signs for Arshamomaque Colony: 1) One subdivision identification sign withinsufficient setback, 2) two area identification signs,~k~ ~'££~w~w~k subject to the followinq conditions: 1, The subdivision identification sign shall be- reduced in size from four feet by eight feet (4' x 8') to four feet by six feet~i(4' x 6'). 2~. ~he two area identification signs located on either side of the right of way shall be setback at least five feet from the right ef way. The split~ rail fence shall be relocated so that it is five feet out of the right of way. 3. These signs are gmanted for a period of one year, renewalbe annually upon written applicationto the Board of Appeals. 4. These signs shall be subjectlto all subsequent changes in the Southold Town Building~~t as it applies to signs. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Doyen. Southold Town Board of Appeals -12- May 11, 1967 PUBLIC HEARING: Appeal No. 1091 - 8:30 P.M,'i(E.'D.S,T,), Upon applicationof William E. andHilda C. Folkes, 590 Riely Avenue~ Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to divide property. Location of property: south east side Riley Avenue, lot number 12, G.S. Riley & Otherst Mattituck, New York. Fee paid $5.00. The ~$r_ma~ opened the hearingby reading the application for ~e - e~Wa~e~, legal notice of hearing, the affidavit attesting to its publication in theofficial newspaper, and the notice, to the applica~n THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MR. BERGEN: These are two 75' lots and they wish ~o separate them. There will be just a change of ownership. THE CHAIRMAN: One house is located on the, extreme west side of the lot, so there is plenty of area in between the houses. These were built prior to the Zoning Ordinance . MRj BERGEN: ~hey had one place and theybought another place~ Now they want to sell one. THE CHAIRMAN: Is there anyone present.who wishes to speak against this application? was no response.) After investigation and inspection the Board finds that the applicant requests permission to divide property. The applic~t is the owner of two 75' lots. Both lots have ample area. These lots are located on a filed map. The map was layed out in 75 foot lots and at the present time it i~ not feasible to enlarge the size of the lots~' Both of the lots in question will be used as a one family residence so there will be no change in the character of the neighborhood° In general, the Board is in agreement with the reasoning of the application. 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 shardd by all properties alike in the immediate vicinity of this property and in the same use district; and the varia~e does observe the s~irit of the Ordinance and will not change the character of the Southold Town Board of Appeals -13- May 1t, 1967 On motion by Fir. Bergen, seconded by Mr. Hulse, it was RESOLVED William E. and Hilda C. Folkes, 590 Riley Avmnue, Ma~%ituck, New York, be granted permission to divide property as applied for. Location Of property lot number 12, GJSj Riley & Others, Mattituck, New Yo~k. Vote of the Boar~-.Y~ Gillispie, Mr. Bergen, Mr. Hulse, Mr. Doyen. PUBLIC ~ARING: APpeal No. 1092 - 8:40~P.MjiCE.D.S.T.)', Upon applicationof~Lefferts P.~ Edson, Esq., Southold, New York, a/c Clarice Black~urn, Hotel Ansonia, 73rd Street and Braodway, New York, New York, anc Alice Beyea Weber, Cutchogue, New York, ~~mh~.Laccordance with the Zoning Ordinance, Article'X, geO~On ~00'0~, Article III, Section 303, for~permission to use an und~=sized ~&rcel of land. Location of property: south side New Suffolk Avenue,. New SUffOlk, New York, bounded nor'th by New .Suffolk Avenue, east by C.~ Case, south by Pectic Bay, west by Lockwood-M.~ Ca~e. Fee paid $5.00. The ~hairman opened the hearing by readin g the application for a variance, legal notice~of hearing, the affidavit attesting to its publication in the official newspaper, and the notice to the applicah~. THE CHAIRMAN~ Is there anyone present who wishes to speak in favor ofthis app3lication? {Mr. Lefferts P. Edson, Esq., gave the history of the property as it was' handed down by will. The will was drawn before the Zoning Ordinance was put into effect.) THE CHAIRMAN: This is an interesting case. I~don't think we have had a situation like this. All we are asked to consider is whether or not they can use this property as applied for. Do you have anything else to add in favorofthis application? LEFFERTS P.' ~SON, ESQ.: The front line of the property is about 75 feet. The property slopes to a triangle. THE CHAIRMAN: When you drive down therg, I noticedthatCase put a well point down there. MRj BERGEN~ They had to in order to get water. Southold Town Board of Appeals -14- May 11, 1967 MR. DOYEN: Who owns the property on either side? LEFFERTS P. EDSON,-ESQ~': The brother of thiS~Clarice Blackburn. MR. DOYEN: She Bas no interest in any of the property adjoining. LEFFERTS~o EDSON, ESQ,: Yes, she does. Weber is the sel/~an~ Blackburn is the' buyer. THE CHAIRMAN: They propose to sell this to Clarice Weber? LEFFERTS P. EDSONi, ESQ.: Weber is selling the property. MR. DOYEN~ Weber has no interest in any property that ad~oin~nit? LEFFERTS P. EDSON~ ESQ.: The seller does not have any interest in the adjoining property. MR.' DOYEN: This would make it morecomplicated if she had some interest in it. THE CHAIRMAN: The buyer has interest in the adjoining property? LEFFERTS P. EDSON, ESQ.: Yes1. THE CHAIRMAN: Who is the seller and who is the buyer? ~EFF~-~TS P. EDSON, ESQ.': Weber is the seller and Blackburn is the buyer. THE CHAIRMAN: Is there anyone present,ho wishes to speak against-this application? (There was no response.) After investigation and inspectionthe Board finds that the applicantrequest permission to ~se land with insufficient frontage,.howeVer~there is area. This property was handed down by. will. A condition ofgranting this variance is that no lside yard variances will be granted in the elfent the buyer wishes to build a house on it. In general, the Board is in agreement with the reasoning of the applicant. Southold Town Board of Appeals -15- May 11~ 1967 The Board finds that~strictapplication of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shardd by all properties alike in the immediate vicinity of this property and in thesame 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. Bergen, seconded by Mr. Hulse, it was RESOLVED Lefferts P. Edson, Esq., Southold, New York, a/c Clazice Blackburn, Hotel Ansnnia, 73rd Street & Broadway, New York, New York, and Alice Beyea Weber, Cutcho~ue, New York, be granted permission ~o use a parcel of land with insufficient frontage as applied for. Vote of the Board: Ayes:- ~r. Gillispie, Mr. Bergen, ~r. Hulse, Mr. DoYen. PUBliC HEARING: Appeal No. 1093 - 9:00 P.IM~i(~E.D.S,T.), Upon application of George Ahlers, 855, Eugmme Road, Cutchogue, New York, a/c ~ackClarke, Vanston Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304,~ for permission to retain a building with insufficient setback from the propert~jline. Locationof property: north side Sailros Lane, Cutchogue, ew York, bounded north byM. V. Braatz~ east by M.V. Braatz, sout~ ~y'~Sailors Lane, west by M. Vo Braatz. Fee paid $5.00 The Chairman opened the hearing byreading the application for a varian6e, legal notice of hearing, the affidavit attesting to its publication in the official newspaper, and notice tothe applicant. THE CHAIRMAN: I b~lieve Mr. Ahlers was in here informally at our last meeting. The westerly'part of the house is the part in violation. We had no solution other than that youknock off the projection. We indicated to Mr. Ahlers when he was in here there was no hardship other than one that was self made on Mr. Ahlers part. There was a mis-location eft he fOundation. Do you have anything to add to the application, Mr. Ahlers? So~thold ToWn Board of Appeals -16- May lla 1967 GEORGE APILERS: The only thing I could add to the reasoningt as it states in the Ordinance you can grant a variance and I stated that in the application. The character of the neighborhood will not be changed, the building being in violationonlyby one foot. The spirit of the Ordinance would be observed. TH~ICHA~: It might be interesting to find out how you can prevent a guy from knocking down the stakes. I would third_ the~,builder would%~nt to be on hand. GEORgE A HI, RS: I set the line myself fort he building. THE CHAIRMAN: As I-recall the house across the street~ now owned by'Dr. Hansen~ was too close to the circle. ~hat was resolved by moving.the circle. - Our suggestion here was to move the property line so that you wouldn'thave to move ~the house or cut off the offensive part of it. GEORGE APILERS: We approached mostof the people who had anything to do with it. Mr. Clarke is the owner of the property. We approached Mr. Hansen~ and the Superintendent of Highways. We have got everyone's approval to ms the road. I have been down to Mr. Van Tuyl-to relocate this road. (Mr. Ahler's pointed out on the map the relOcation of Sailors Lane) THE CHAIRMAN: There is a natural cur~e in the road. ~EORGEAPILERS: The Superintendent of Highways has approved this. T~IE'CHAIRMAN: I thinkthat is the best solution. GEORGE APILERS: This house is about 39 feet from the property line now. MR. BERGEN: I think that is the' 6~!Y solution. MR. ~U~SE: We can't grant a ~ Mr. Ahlers just stated~a~he laid the house :.~out ~ so he created the hardship himself. THE C~MAN: Is there anyone present who wishes to speak against this application? ~There was no response,) So~thold Town Board of Appeals -17- May llz. 1967 After investigation and inspection~the Board finds that the applicant requests permission to retain a one family residence with insuffi~nt front yard setback. The house' is approximately one foot in violation. The B~rd finds that the applicant is a~_le to relocate %he pmoperty line so that no vi~lation occurs. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecesaary hardship; the hardship created is not unique and would ~e~ be sharedby all properties alike in the immediate vicinity of this.property and in the same use district and the variance does~serve the spirit of the Ordinance and will change the character of the district. On motion by Mr. Gillispie~ seconded by Mr. Hulse~ it was RESOLVED George Ahlers,. 855 Eugene Road . Cutchouge~ New York~ a/c Jack~Clarke~ Vanston Roa~,.Cutchouge~ New York~be deniedpmrmission to retain a building with insufficient set back from the property line, as applied for. -Location. of property: north slde"Sa~lors Lane~. Cutchogue, New York. Vote 'of the Board: Ayes:-Mr. Gillispie~ Mr. Bergen~ Mm. Hulse~ Mr. Doyen~ PUBLICHEARING:~ Appeal No. 1~94.- 9:15 PjM%~i(E.'B.'S~Tj)~ Upon application ofWilliamWickha~a Esq.~ Mattituck~ New York,' a/c Howard C~& Matilda Bigg, Haywaters Road~. Cutchogue~ New York~ for a variance in accordance with the Zoning Ordinance,..Article III, Section 303 & 307, Article'X~ Section 1000~ for permission to divide property: Location of property: north west side Haywaters~oad~ Nassau Point~ Cutchogue~ New York~ lot numbers 9 & 10 in Peconic Bay'Properties Subdivision. Fee paid $5.00. The Chairman opened .the hearing by reading the application for a variance~ legal notice of hearing~ affidavitattesting to its publication in the official newspaper~ and notice to the applicant. $outhold Town Board of Appeals -18- May '11~,~ 1967 The Chairman read the following letter: "April 26, 19671 Zoning Board,. Southold~ Long Island,~ New York.- "Subject: Variance applied for by Mr. Robert Goeller concerning lot $ ~0iand lot $9 on,Fishermans Beach,. Nassau Point~ CutChoguea~ York. "Gentlemen: I received a call from M_r. Robert Goeller (Subject applicant) on April 22~ 1967~ At-which time, he informed me that he had purcahsed a home from'Mr. Howard Biggs on lot'.$10a and the adjacent vacant lot'$9. "Upon the final survey~ he explained that the home was originally mislocated and extends approximately.2% feet onto lot-$9. -Mr. Goeller explained that Lot~$9 is 70 feet wide' at that point and he is applying for a variance to build at home approximately 50 feet wide leaving a 5 foot yard on the side of a newly located property line between lot.S10 and Lot' $9~ and a7 ~ foot yard between the home to be constructed and Lot $8. "Upon receipt of a sketch~fromMr. Goeller~ I see he plans to located the house to the south of the present 8 homes now located on a fairly straight east-west line. "I am the owm~r of Lot~$8 andplan to build in the near future. I wish it to be known that I object to the granting of a variance that would decrease the present home to property line boundaries less .than the present zoning laws call for. "I object on the grounds that it would tend to give the area a cluttere~a Over-crowed appearance and would tend to de-value the home I plan ~o'build and possibly the-property. "I also object to the southerly location of the proposed home as it would protrude possibly 40 feet to the south of ~the present east-west~ine of homes and would greatly obstruct the view of CutchogueHarbor from my intended glass walled home which wili.~be buil~'[~ in line with the existing homes on Fishermans Beach. Southold Town Board of Appeals May 11~ 1967 "If the variance is to be considered as Mr. Goeller explains he has appl~d for~ I would appreciate being notified immediatelyas I would like to explain my objections personally to the Zoning Board. I can be reached days at 516--OR 6-8000 Ext. 328 and evenings at 516-MA-6-1718. "Thank you for your attention to this matter. Sincerelya Baldwin" WILLIAM WICKHAM. ESQ.: I would like to correct the statement in that letter,~ Fir. Goeller is the contract purchaser of lot number 10 and then he has an option on lot number 9. The proposed location of the house on lot number 9 would be 10 feet from the line. I think he mentioned five feet in his letter. THE' CHAIRMAN: He mentioned five feet yard between home that would be constructed and lot number 8a and that is his lot. ~WtL, LIA~-WICKHAE,, ESQ.: There would be 10 feet there. It ~ill be 9 feet on the other side. These lots have been owned by Mr. Bigg in separate ownership. I think-that lot ~be~ number 10... THE CHAIRMAN: Owned by Mr. Bigg in separate ownership? WT?~,IAM-WICKHAM, ESQ.: He bought ~them~separately. He bought this one in 1945 and lot number 10 in 1948. THE CHAIRMAN: As far as assessment for taxes they are two lots. As far as zoning is concerned it is one lot. WwT~IAMWICKHAM,. ESQ,: They have .owned t~s a good numbem of years. I den;'t know when the house was built. I am sorry that-Mr, Bigg. couldnot be here. I ~ould like to repea~ to you what he state to me. He was surprised to find this house OVer the line. When he built it he had a surveyor help h/ma lay it out, He didn~t think it was .over the line. The pa~t of the house that extends over .the line is 2½ feet. The pump house ,that extends six feet over the line will be taken down. MR. BERGEN: The pump house doesn't show on the survey. Southold Town Board of Appeals -20- May 11~ 1967 WILLIAM WICKHAM,, ESQ.: Well,~, that will be ta~n away. THE CHAIRMAN: He built the house before he ~ owned the lot he encroached on? WT?.?,IAM-WICKHAM,, ESQ.: I am not sure. THE CHAIRMAN: I would think that the owner at that time would object. WILLIAM.WICKHAM,ESQ.': I am under the impression that he owned both lots at the time the house was built. I wish Mr. Bigg was here to a~ser that question. THE CHAIRMAN: He had a surveyor help him locate the house? WILLIAM'WICKHAM. ESQ.': He wanted the house on one lot so he would have another lot left. THE CHAIRMAN: As I understand it these were sold according to the survey map. WIT.T, IAM WICKHAM, ESQ.~: This was a filed map. THE CHAIRMAN: Is this an approved filed map? WII,~ WICEHAM, ESQ.': No,~ this was filed in1920. THE CHAIRMAN: Then it is not in the Zoning. It is not one of the maps that the Town Board approved. He lives acoross the street? MR. HULSE: The man that sold these lots has a house ~~w~ across the street. THE CHAIRMAN: He has robbed lot number 9 to some-extent by taking 25 feet from the creek from on the north sid~ of the right of way. 'W~¥.LIAM'WICKHAM, ESQ.: He has added on to the lot across the street... No that is right~, he took away 25 feet ~w~ for a right of way. THE CHAIRMAN: This'became part of the lot across the street. Sonthold Town Board of Appeals -21- May ll~ 1967 THE CHAIRMAN: Does this property that we are discussing now have any rights across the street? W~T.L!AM'WICKF~24 ,ESQ,-: Lot number 9 has rights across the streetl He had two lots there~ 150 foot lots. On that side they are 75 feet in frontage. He had 150 feet and he had taken off 25 feet for an easement. THE CHAIRMAN: What is the area of these two lots? WTT.~,IAM WICKHAM,i ESQj: They' are 65: feet by 230 feet. The high water mark frontage is 75 feet. The beach has been built up there. THE CHAIRMAN: We would have to figure out' the area. MR~ DOYEN: If you eliminate the beaches would have about 12~000 square feet. WTW~IAMWICKHAM, ESQ.:You don't know if the beach is going to be washed away or not. THE-CHAIRMAN: My experience is that these people tend to lose frontage on the beach in an easterly storm. WILLIAM WICKHAM, ESQ.: They have put up a jetty. THE CHAIRMAN: We merely mentioned it as certain factor ~e would take into consideration. Another thing is the water supply in this area. At the, end of the line they are without water. WILLIH~WICKHAM,~ ESQ.': They are not all on the same line. These three lots and the one across the street are all on one line. ~.(The Chairmanre-read the reasoning as stated in ~the application.) ESQ,: You have three single lots here. THE CHAIRMAN: This pre-dated the Ordinance. How does the rest of the ~oard feel about this? MR~ BERGEN: This is two variances when you ~ome right down to it. A variance for the house over the lot and variance for a new house~ which we can't give him on an undersize lot. Southold Town Board of Appeals -22- May. ll~ 1967 W-/V~IAMWICEPIAN~ ES~j: There will be nine feet on one side and 10 feet on the other side. BERGEN: It's five feet and 10 feet a~Drding to that, THE CHAIRMAN: The location of the house is something that we do have some controll over. WII~IAMWICE~L%M, ES~.': Don't you have controll-from the road line? THE CHAIRMAN: Yes. I think that it should be at least 35 feet or whatever the average setback is in there. In this case it looks like this house here is 60 feet from the highway line. I haven't ~un into this situation where somebody wants to locate more than the average setback. ' MRj BERGEN: This man is buying lot number 10 and also thinking about buying lot number '92 W~IAMWICKHAM, ESQ%':"That is right. He has a contract on lot 10 and an option of lot 9. THE CHAIRMAN: Apparently this offends the proposedbuilder on lot number 8. WILLIAM WICKHAM, ESQj: Can'the put his house back anywhere he-wants to providing it is 35 feet. BERGEN: It has to be back with the average serb&ck. WTT~IA~.WI~ ESQ:~: Suppose the average setback was 35 feet. Could he put it beyond 35 feet? THE CHAIRMAN: That is the point. He has to maintain a rear yard which is on t~ bayside. WTT~.IAMW.~', E~': Right~, in you interpretation. (The Chairman read the Ordinance in regard to rear yard and front yard requirements.') THE CHAIRF~%N: We have never~had a variance for a rear yard on a new house. HOWARD TERRY: Not on a new house. Southold Town Board of Appeals -23- May 11, 1967 THE CP~IRMAN: Do you think you client would be willing to put the front of the house on the average setback? thi ink WI?.T.IAM W1CKHAM, ESQ,: I don~t/there would be too much of a probtem there. THE CHAIRMAN: That would solve the problem on lotnumber 8o Would it be possible to have the purchaser down here? WIT~.IAMWICKHAM~ ESQ,': I could have themboth down here if you wish. THE CBA/.RMA~: Just'the buyer,, and maybe we could get 'this settled. On motion by Mr. Gillispie~ seconded by Mr. Huls e, ~it was RESOLVED that the remainings of this hearing be postponed until May 25~ 1967.~ at 7:40 P.'~,a at which time we would like to have Mr. Goeller present. If there is any reason why he can notattend the hearing maybe postponed l~nger. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Far. Hulse, Mr. Doyen. PUBLIC HEARING:: Appeal No. 1095 - 9:30 P~Mji(EjD.'S.T;), Upon application of'WilliamM. Beebe, Ne~ Suffolk Lane~ Cutchogue~ New York,. for~a variance.in accordance with the Zoning Ordina~ce~ Article III,,. Section 303,, Article X~ Section 1000A, forpermission to di~k~e propertyA Location of property: west side New S~folk Roa~:. CUtchoguew. ~ew York~a boundednorth by R.'Cj Church- Williams~, east by'New Suffo~kRoad~ south by'Finkle, west by Congre-gational Society. Fee paid $5.00. The Chairman opened the hearing byreading the application for a wariance~ legal notice of'hearing~ affidavitattens~ing to its publication inthe official newspap~ and notice to the applicant. Southold Toln Board of Appe'a~s -24- May 1'1 ~,1967 THE CHAIRMAN: The applicati~ is accompanied by a map dated April 18~. 1 WILLI~ WTT.T.I~2 MR, BE] WILL/2~ property. as he is pa: )67. Who did.this map~. or is it a dmawing? W~CKHAM~ ESQ.': That was prepared by P~:G.' Beebeo kINMA~: It's not a map then~, it's a sketch. I WICKHAM, ESQ.-: I ~ it is to scale. GEN: Do they ~expect to sell this right of way? I~WICKHAM,ESQ.: There is no intent to sell the business ;illiam Beebe would like to use this for his business :ticularly limited. WILL/J~ it. THE C/5 ~EN~ I thought that Bill Beebe was going to buy it. I-WICEHAM,. ESQ,': He may do that. He may just lease ~IRMAN: Hannah Beebe is one of the owners of Beebe Holding' Corp. ? MR, BERGEN: Shsalso owns the property to the north. WILLIAM WICKHAM, ESQ.~: The 50 foot strip. MR. BERGEN: Yes. THE CHAIRMAN: She proposes to subdivide this andBhe,will have interest in it. Does Hannah Beebe own all of'this? WILLIAM'WICEHAM~' ESQ,': No~ just the 50 foot strip. The two residential properties will have equalfrontage. The right of way will be used by the, corp. for the business property. They are going to put inaa separate driveway,-for the residences. THE CHAIRMAN: I don~t see anything wrong With it' I am just trying to understand it. Southold Town Board of Appeals -25- May 11, 1967 ~ C[-[~T~: IS theme anyone present who wishes to speak against this application? (There was no response.~) T~E CHAIRMAN: Is there anyDne present who wishes to ask any other questions? (ThEre was no response.) After investigation and inspection the Board finds that the applicant, wishes to divide property and set off an right of way to property in the rear. The two existing residences will have equal frontage on New Suffolk Road. The right of way setoff is for the business property located in the rear. The Board finds that this divisionwill not change the c~er of the neighborhood. The Board fin~s that strict applicati~of the Ordinance will produce practicall difficulties or unnecess~y hardship; the hardship created is unique and would not be shared by all properties alike inthe immediate vicinity of this property and in the same use district and the variance does observe the spirit of the Ordinanee and will not change the character of the district. On motion by ~. ~ulse, seconded by M_r.~ Doyen, it was RESOLVED that-William Beebo, New Suffolk' Lane, Cutchogue, New York, be granted permission to divide property as applied for on property located on the west side New Suffolk Road, Cutchogue, New York. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Fir. Hulse, Mr. Doyen. PUBLIC P~3%RING: Appeal No. 1096 - 9:45 P.M.~(E.D.S.T.')', Upon application of George W. Smith & Sons, Main Street,. Southold, New York, a/c Dai-Moy, Cedar Beach Park, Southold, New York, for a variance in accordance with the Zor~ug Ordinance,. Article III, Section 305, for permission to construct an addition with insufficinet front yard setback. Location of property: private right of way, Southold,. New York, lot number 118, in Cedar Beach Park Sub. Fee Paid $5.00. Souttuld Town Boardof Appeals -26- May 11, 1967 The Chairman opened the hearing by redding the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and thenotice to the applicant. THE CHAIRMAN: I believe we told Mr. Smith that it wasn't necessary for him to be here. He had another meeting or something. This lot is actually a large lot. MR. PIUI~E: Large f~om east to west, 200 feet. HAZEL MACK: I understand this is a large lot. Why does this permit him to build where he isn't permitted to build. TM~. CHAIFa~AN: That is a good-Huestion, as far as I can see. He proposed to build two bedrooms and this actually extends another 40 feet down here, which is par~6f this lot. The front yard setback on this property~ on this private road, has been reduced to two feet. These houses are close to,he water. The adjoining owners house is two feet from the road. In this case there is nothing here except a garage. Doesn't he own a lot next to this lot? H(FWARD TERRY: He owns from the garage all the way to the inlet. TP~E CHAIRMAN: This was 20 feet to the road right here. There is another lot to the west, right? HOWARD TERRY: Right. THE CHAIRMAN: Actually,. he has 60 f~et on the side instead of~0 feet. He could put the addition on this side and still have-a fifty foot side yard. Further up this road, across the w~--~ inlet, the same type of front yard setback has been used. MR. HULSE: They are accessory buildings,~ though. THE CHAIRMAN: Yes. HAZEL MACK: As I understand it, a variance is granted when no other feasible location is possible. You can't grant a varianc~ because no one objects. Southotd Town Board of Appeals -27- May ll, 1967 THE CHAIRMAN: We don't grant a variacne because no~one objects to it. The purpose of a public hearing is to obtain information we don~t already know. I don't know if we have Mound-'out HAZEL MACK: I don'~ have any objection, I am just curious. ~(.There was a brief discussion on'the layout of the house in regards to the addition to it.) MR.- DOYEN: The existing layout of thehouse lends itself to the proposed addition. THE CHAIRMAN: I think we better have Fir. Smith come in and explain this. On motion by'Mr. Hulse~ seconded by Mr. Bergen~ it-was RESOLVED that the.hearing on Appeal no. 1096, be postponed untile 8:00 P,M.s Thursday, May 25, 1967. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Mr. Hulse~ M~. Doyen. PUBLIC HEARING: ~Appeal No. 1097 - 10:00 Upon application of Irving'L. Price~ Jr., Esq.~ Greenport~~ New York, a/cSouthold Summer'Theatre~, Inc., 197,. Carlton Avenue~ Brooklyn~ New York,. for a variance in accordance with the'Zoning Ordinance, Article III~ Section 3004 Eot permission to operate a place of amusement. Location of property:~ south side Main Road~ Gr.e~nport~ New York~ bounded north byGreetm~_rt 'Homes, Sub.~. south by Railroad~. west-by Fleet~Lumber, Inc. Fee paid $5.00. The Chairman opened the hearing by reading the application for a ~variance, legal notice of hearing,, affidaivt attesting to its publication in the official newspaper, and notice to the applicant. Southold Town Board of Appeals -28- May ll, 1967 THE CHAIRMAN: This is the same group, I believed~ that applied last year for use ofLake Lodge~ which was a highly residential area. Is there anyone present who wishes to speak for this apptiaation? IRVING L.' PRICE, JR~,ESQ,: I am appea~ing for the applicants and believe the reasons are already stated in the application. All I coRld add~ first, would be that in my experience, personal knowledge of this,~ this operation last year was highly successful. This was well appreciated by the people who appreciate this type of thing. It was proven it was well mn. I am not qualified to judge the quality of the production. I do know'that people who saw the productions said they were of good quality. I would just like to repeat there was never any objection to the operation. THE CHAIRMAN: ~ anyone here from the:Summer ~heatre Group? IRVING~L.~ PRICE~, JR.,~ESQ.~: No. THE CHAIRMAN: Iwould like to add on the affirmative side my investigation in~icatedthat objectionstems from fear of the unknown. This group was thought of very highly for the season of 1966. One of the unknown fears, which didn't materializea some people thought it would be patronized by a group of beatniks, for lack of a better~name. There were ne beatniks. Permission forlthis summertheatre can ~be made revokeable. If a bad situation arises, this couldbe revoked. The Mayor of Greenport said hewas sorry that the property on FrontStreet where they operated last year would not be available this year. One of the difficulties that was envisioned that didn't develope was parking. They used the municipal parking lot. The tent they~used was flame proof. The conduct of these people were very good. Reportfrom the ~ard~are Store owner~ these people paid their bills. This is all on the affirmative side. Last year at the hearing the people who spoke againstit hoped that it would not stop them from operating some place else. There was some definite basis for some of the objections at that time. Southold Town Board of Ap~eals -29- May 11, 1967 THE C~: What about the parking situation. How would you get them in ~nd out? IRVINGL.'DRICE~.JR.,ES~.: I don't think it will be any different from the drive-in Theatre a little to the west. THE CPL%IRMAN: There is plenty of room. There is sort of a bank that will have to be cut down. The exits should be lighted. (Entrance and exit of traffic was ~iscussed. La%nshould be mowed to the depth to be used. Discussed the type of sign that would be necessary. Mr. Price stated that ~the Theatre in Greenport and the Drive--in Theatre have arrangements with the local police for the directing of traffic. He Eelt-the Summer thea~ Could dO the same thing. ) THE CHAIRMAN: Is there anyone else present who wishes to speak in favor of this application? HAZEL MACK: I. do. THE CHAIRM3~: Did you appear forthis last year? HAZEL MACK: No. IRV/~G'L. PRICE,JR.,, I wentby there many nights and there wasn't~any noise. THE CP~IRMAN: How manypeople do youproposed to seat? IRVING~ v.. PRICE, JR., ESQ,: I tBihk the most was 2'00' people. THE CHAIRMAN: The seating has to under' State La~. Parking should be ts tied together (Mr~ Andrew Cassidy~ owner of t~e property in question, described the property.) THE CPL~IRMAN: Is there anyone present who wishes to speak against' this application? (There was no response.) Southold Town Board of Appeals -30- May ll, 1967 After investigation and inspection the Board finds that the applicant requests permission to operate a place of amusement in a residential area. The use requested is a uselnormally permitted in the "B-i" Business District by special exception. The oper- ation involved is to be a summer theatre. The Board findsthis groupoperated in the Village of Greenport last year. All reports indicate that the quality of the plays were very good, and the management of the operation was very good. There seemed to be no objection to this Theatre for the season of 1966. There was no excessive noise from the theatre. The size of the property in question is approximately 4 acres, having 250 feet road frontage. The flame proof tent to be used is 40 feet by 60 feet~ thus leaving ample parking area on the property. There will not'be an over- crowding of land by permitting this use on the property. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessaryhardship; the hardship created is ~nique 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. Hulse~ seconded by Mr. Gillispie, it was RESOLVED IrvingL. Pric~, Jr.,~ Esq.,. Greenport~ New a/c Southold Summer'Theatre,~ Carlton Avenuea Brooklyn, New York~ be granted permission to operate a place of amusement as applied for on property located the south side.MainRoad, Green- port~ New York. This variance is granted subject to the following conditions: 1. This permission may be revokable.with one week notice. 2. The applicant shall have the approval of the Suffolk County Health Department for the water supply and sewage disposal. 3. The applicant must have certification from.the Labor Department that the t~nthousing the patrons is flameproof. 4. The property shall be mowed for the entire width and to the depth used. SoUthold TownBoard of Appeals -31- May 11,. 1967 5. The tent Shall be located inline with Fleet'Lumber Company building, or 50 feetback from the Main Road and 50 feet from the westerly side line. 6. Signs: - a) one four foot by six foot sign advertising the Summer Theatre; mustbe five feet from property lines, three feet above ground level; b) entrance and exit signs to be 18" by 4~; c) ~~w~~ sign indicating parking area to be 18" by 4'. 7. The ~ntrance and exit and parking area shall be lighted during the ~ of use. 8. Arrangements shall be made for'orderly parking. 9. This permission runs from June 1, 1967, to October 1, 1967. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mt. Doyen. On motion by Mr. Gillispie~ seconded by Mr. Bergen, it was RESOLVED That the minutes of t~e $outhold Town Board of Appeals dated April 27, 1967~ be approved as submitted. Vote of the Board: Ayes:-Mr. Gillispie~. Mr. Bergen,, Hulse~ Mr.- Doyen. On motion by'Mr. Gillispie, seconded by Mr. Doyen, it ~as RESOLVED that~the Southold Town Board of Appeals set~7:30 P.F~(E.D~S.T.), Thursday~ May 25, 1967, at the Town'~ffice~ Main Road, Southold~ neW York,, as the time and place of hearing pursuant to Town Law, a rehearing upon application of'Eastern Shores, Inc., North Road, Greenport, New York, for a special exception in accordance with the Zoning Ordinance~ Articl eI~I, Section 300, Subsection 9, for permission to retain t~o subdivision signs with insuffieient'setback on the properties of J.Jj Vaccaro and A.M. Atwan. Location of properties: north side North Road (CR 27) on the east and west side Moore Lane N°rth,~ Eastern Shores at Greenport, Gree~port, New York. Vote of the Board: Ayes:-ALL Southold Town Board of Appeals -32- May 11, 1967 On motion by blt. Gillispiea seconded by ~lr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set Thursday, May 25, 1967, at the Town.Office, MAin Road, Southold, New York, as the'time and place of hearing upon application of'Laughing Water'Property Ownems Assoc., Southold~ new York, for a special excdption inaccordance with the Zoning Ordinance, Article III, Section 300, Subsection H 5 (i)~ for permission for a marina for the docking, mooring, or'accommodation of not more than six (6) non-commercial bo~ts. -Location of property: north east-side Minehaha Blvd.~ Southold, New York, boundednorthby Drain Canal- Corey'Creek, east by Haggerty, south and west byMinehaha Blvd. Vote of the Board: Ayes:- ALL. On motion by Fir. Hulse, seconded by Mr. Doyen, it was RESOLVED that theSouthold Town Board of Appeals set 8:30 P.M. (E.D.S. Tj), Thursday~ May 25, 1967, at 'the Town Office, Main Road, Southold,~ New York, a~ the Town_Office, Main Road, Southold, New York, as the time and place of hearingupon application of Willard E.~Ked~ya 76Wyona Avenue, Selden, New'York, a/c~Michael Marschean~ 91-51, 90 th Street, Woodhaven, New York~ for a special exception .in accordance with the Zoning Ordinance, Article III, Section 305, forpermission to construct a dwelling with insufficeint setback from the property line. ~Location of property: north side Terry'Lane, Southold, New York~ l~t number_ 9.in J~. Overton Subdivision. Vote of the Board: Ayes:- ALL On motion by ~ir. Bergen, seconded by Mr. Doyen, it was RESOLVED that the'Southold Town Board of Appeals set 8:45-P.M. ~(E.'DjS.iT.)~, Thursday~ May 25, 1967~ at the Town~O~fice, Main Road Southold~ new York, as the time and place of hearing upon application of George Mellas, East Gillette Drive, East~Marion, New York, for a special exception in accordance with the Zo~gOrdinance, ArticleIV, Section 408, Subsection A~. for permission to retain two existing ground signs. Location of property: ~orth side Main Road Greenport, New York~ bounded no~t~by~Ernest-Wiggins, east by ErneSt-Wiggins, south.byM~ Road, west by Dorothy Carey. Vote of t~e Board: Ayes:-'ALL Southold Town Board of'Appeals -33- May 1'1~ 1967 The next regular meeting of th~ 'Southold Town Board of Appeals will be held at 7:30 P.M.', Thursday~. May 25~ 1967.a at the Town Office, Main Road,, Southold, New York. The meeting was adjourned at-12:00 Midnight Respectfully submitted, Barbara C. Dittmann, Secretary SouthOld Town Board.ofAppeals PP,ROVED