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HomeMy WebLinkAboutZBA-04/27/1967Southotcl Town Board o f. Appeals SOUTHOLD, L. !., N. Telephone SO 5-9660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Ch~irm~n Robert Bergen Charles Gr¢~onis, Jr. Ser~e Doyen, Jr. Fred Hul~e, Jr. ~4I N UT~E S SOUTHOLD TOWN BOARD OF APPEALS April 2~, 1967 A regular meeting of the Southold Town Board of Appeals was-held at 7:30 P.M., Thursday, April 27, 1967, at'the Town Office, Main Road, Southold, New Yomk. There were present: Messrs: Robert 'W. Gillispie, Jr., Chairman; Robert Bergen, Fred Hulse, Jr.,.~a~les Grigonis, Absent: Mr. Serge Doyen. PUBLIC HEARING: Appeal No. 1080 - 7:30 P.M.S. SoT.), Upon application of Kyrillos Charalambides, 1550'Central Dr~ive, Mattituck, New York, for a variance in accordance with the Zoning Ordnance, Article III, Section 300, Subsection 6, or Article III, Section 306~ and Article VII, Section 703, for permission to construct an addition with insufficient front yard setback. Locationof p~perty: north east corner Central Drive and SummitlDrive, Mattituck, New York, lot number 79, Captain Kidd Estates, Fee paid $5.00. T~e Chairman opened the hearingby 'reading the application for a variance, legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and notice to the applicant. Southold Town Board of Appeals -2- April 27, 1967 THE CHAIRMAn: The notice of disapproval on this application involves front yard setback. This garage was the subject of a previous application which was denied on February 16, 1967, and the action of the Board at that time was as follows: "After investigation and inspection the Board finds that the applicant requested a rehearing on appeal number 1006,'th v~ew ~f the fact certain facts in the original decision were incorrect. The Board finds that the applicant did not have an attached garage at the time he bought the property in question. The garage had already been incorporated into the living area of the dwelling by the previous owner. However, the applicant was aware of the fact there was no garage on the premises and the location of the present garage built by the present owner do~s not observe the spirit of the Ordinance. The applicant would be backing out onto a public highway and thus creating a traffic hazard. The location of the present garage does not conform with the provisions of the Zoning Ordinance. "The Board finds that strict application of the Ordinance will not produce practical difficulties or nnnecessaryhardship; the hardship created is not unique and wouldbe shared by all properties alike in the immediate vicinity of this property and in'the same use district; and the variance does not observe the spirit of the Ordinance and will change the character of the district. "Therefore,. it was RESOAVED that'Kyrillos Charalambides, 1550 Central Drive, Mattituck, New York~ be denied permission to retain an accessory building in the front yard area on property located on the north sideCentral Drive, lot number79 in Capt. Kidd Esta~, Mattituck, NewYork. The original order of~the Board of Appeals for the removal of the garage mhall be carried out." THE CHAIRMAN: That is preliminary-to this hearing. At this time is there anyone present who wishes to speak in fair of this application? Southold Town.Board of Appeals -3- April 27.,~ 1967 ~ER J. CHASE., ESQ.: If it plemses the Board, this has been the subject of previous hearings. At'this point the applicant is willing to attach the building to the main dwelling. This is requested for~the purpose previously stated, that the building be able to remain and a building permit to be granted. I believe the Board inspected the premises a short while ago. I am sure that you have observed the garage was built on the only possible'site within the plot it could possibibly be placed on, and it has be~o placed and landscaped to complimentthe character of the plot itself. Might~I point out this plot is unique as far as topography, Mr. Charatambides is not here tonight because he has a heart condition, he is my father, I will submit plans to the Board from~the contracter for the addition. Might I also add that theadjoi~ing property owner has no ebjection to this and will leave~e Board's hands an affid~Fit from them. THE CHAIRMAN: Mr. Chase, as I recall it, this garage was constructed without a building permit ori~lly . ALEXANDER J. CHASE, ESQ.: That is ~correct. THE-CHAIRMAN: That fact hasn)t influenced previous decisions and I hopenot this decision. Whether a person applies.for a permit is not a determining factor. This particular building, the previous o~ner had a garage? ALEXANDER J.' CHASE, ESQ.: That iscorrect. THE CHA~: The previous owner then made a room out of the garage? ALEXANDER J. CHASE, ESQ.: He made two rooms. THEI CHAIRMAN: Then he sold the building to your father,~ and your fatherbought it knowing there was'no garage. ALEXANDER J. CHASE, ESQ,: That is correct. THE CHA~k%N: He then proceeded to have a garage erected in the front yard area where a garage is not normally permitted~ ALEXANDER J., CHASE~ ESQ.: That is correct. Southold Town Board of Appeals -4- April 27, 1967 THE CHAIRMAN: The purpose is to attach that garage as it was denied as located? ALEXA~DER J,~ CHASE',~ ESQ.: That is ~orrect,. denied as an acessory building. THE CHAIRMAN: The reason for the application ton~ht is to attach ~ the present building which is mislocated to the hQuse. For what reason? Would this change the findings of the Board? ALEXANDER J. CHASE, ESQ.: I don't see why-this would change the feelings of the Board. THE CHAIRMAN: If this had been applied for before it was constructed it stilll would have been denied. AI/EXANDER J. CHASE, ESQ,: In attaching it to the ho6se, there had been variances granted so that precedent ......... THE CH~TRMAN: The Board isn't actually bound by anything it hasdone before, so you can't a~gue precedent. We follow certain ideas in conjunction with the Zoning Ordinance, usually don~t vary them. It hasn't been our proce~ -~_ ~'t0 grant garages in the front yard area. ~LEXANDER J. CHASE~. ESQ.: The m~ason why this application was made ...... ,.Might I say at this pointthere was a misunderstanding about the building permit. The contractor thought that my father had ~ got the permit and my father thought that the contractor had got the permit. THE CHAIRMAN: You ~nderstand that isn'treason for grmnting this application? ~ER J. CHASE, ESQ,: I understand that. The building inspector felt that a variance might be granted with an attached part of the main dwelling, and it was at the building inspector's suggestion that_I make this new application. We are ready-to tear this ~o~R if you want'us to. I believe you did inspect it. THE CPL~I~va%~I: We did inspect it. We don't'enjoy having anybody tear things d$~n. There are occassions when there is no way'out. When a fellow puts his house one foot'to close to the line,, you say that doesn't hurt anything. What constitu~s front'~yard setback. Is is one foot or ~wo feet. We had a man Southoid TownBoard of Appeals -5- April27, 1967 here who pursummbly was quite knowledgeable, andhe built his house about 5½ to 6'feet to close to the line. The adjoining houses were 41 to 45 feet setback on one side and 50 to 60 feet setback on the other side. Not'only that, he had it half constructed when he came in here for a variance. The builder was totally familiar with the Ordinance. He is being required to movetis house nine feet. ALEXANDER J.~ CHASE, ESQ.: There is no other place to put a garage. The car would stay on the street. This is something we would naturally follow. As the personal aspect to ';zhave a car on the street ........ THE CHAIRMAN: WE Can't discuss that. ALEXANDER J. CHASE, ESQ.~: There are no objections to this. THE CHAIRMAN: I am sure that you are aware that these cases are not popularity contest. ALEXANDER J. CHASE~ ESQ.~: This isn't hurting anybody. It has been kept up. It is not something of little~value. THE CHAIRMAN: personally I would like to help, but I will have to vote against it. Is there anyone present who wishes to speak~against this application? i~There was no response.) THE CHAIRMAN: 'This is a case of a building being located improperly. It is a self imposed hardship. There is no way the Town can guard each and every person that ~uys property. AT.RXANDER J. CHASE, ESQ.: Anticipating what the vote will be, might I requestthen to get to the Board necessary documents showing the topography of this property. ' There are cases where people back out onto the street. THE CHAIRMAN: I will grant that this is a unique situation as to that particular house and topography behing the house~ I don't believe there is room to get by the house on the east. ALEXANDER J. CHASE~ ESQ2: There isn't. The Board does take cognizant of certain facts. Mr~ Charalambides has had a heart attach, he has worked hard for 40 years. He had to give up his business and remod~ this summer'home to make it a year around residence. Southold Town Board of Appeals -6- April 27, 1967 T~E'C'~ ~~:-We are sympathic with that, but this Board can't~consider financial hardship. Is there anything further on thisapplication? ,(There was no response..) Afterinvestigation and inspection theBoard finds that the applicant wishes to attach an existing garage to the main dwelling with insufficient front yardsetback. The Board finds ,that the said garage has been the sub, ct of two pre~ious hearts. The Board finds the house was originally built~i~-a garage. The owner priorto the ~applicantchose to convert th~arage into part of themain ~elling area. The applicant bought the house and property cognizant of the fact there,was~no garage. The Board finds this is a selfimposed hardship and relief can not be granted as applied for. The Board further Points Out'that f~nancial hardship is sonsidered a univeraal hardship and may not be used to influence the Board's decision. The Board finds that strict application of the Ordinance will not produce practical difficulties orunnecessaryhardship; the hardshiDdreated is notunique and would ~e shared by all properties alike in the immediate vicinity of this property' and in the same use district; and the variance does not-observe the spirit-of the Ordinance and will change the character of the~district. On motion by Mr., Gilt,pie, seconded by Mr. Hulse, it was RES©LVED-that Kyri~losCharalambides, 1550 Centra~ Drive, Mattituck, New York, be.denied permission to attach an exis~ng garage to the main dwelling on property located on ~o~number 79 in'Captain Kidd Estates, Mattituck, New York. The applicant shall rem~ve.~%the garage from the premises within!~0 days from. the date of tb/s action. VOte of the Board: Ayes:- Mr. Gill~pie, Mr. Bergen, Mr. Hulse,Mr. Grigonis. Southold Town Boardof Appeals -7- April 27, 1967 PUBLIC p~ING: Appeal No. 1081 - 7:45 P.M.[E.S.T.)',' Upon application of H.R. Reeve &'~Sons, Inc., Main Road, Mattituck, New York, a/c Ralph TUthill~ Wickham,Avenue, Mattituck, New York, for'recognition of access in accordance with the State of New York Town Law, Section 280A. L~cation or_property: north side WickhamAvenue, Mattituck, New York, boundednorth by Otto A. Anrig, east by George'Dickerson & Ors., south by WickhamAvenue, west by P. Kueski. Fee paid $5.00. The Chairman opened the hearing by reading the application for ~ approval of access, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRbL%N: Is there anyone present.who wishes to speak-for this application? RALPH W. TUTHILL~ SR.: What do you requirer MR.' BERGEN: We would like to see the road wide enough so that fire trucks and other emergency vehicles can get through. THE CHAIRMAN: You need at least 16 feet. Is this your propert now, where the right of way is? RALPH W. TUTHILL~ SE.: Yes. THE CHAIRMAN: Fix up the right of way~ has to be 16 feet~ which is the mininum. Will have to put a little sand or gravel on there. I think it would be passable for fire equipment. MR. BERGEN: There is quite an incline as you go in that right of way. RA~PH~-W. TUTHT?w., SR.: Thathas been taken care of pretty well. MR.~BE~q~N: It could b~ raised up a little more. THE CHAIRMAN: Is there anyone else present to ~peak for this application? i~There was no response.) THE CHAIRMAN: Is there anyone present to s~ak against this? (There was no response.) Southold Town Board of Appeals -8- April 27, 1967 After investigation and inspection the Board finds that the applicant request approval of access for a private right of way to serve two one family dwellings. The~applicant is the ownerof the right of way in question. The Board finds that~ the right of way will be accessible to all emergency?equipment. The Board finds that strict applicatinn of the Ordinance will produce practical difficulties or unnecess~zyhardship; the hardship created is unique and would notbe 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 ofthe Qrdinance and will not change the character of the district. On motion by Fir. Gillispie,. seconded by Mr. Bergen, it was RESOLVED H~R. Reeve & Sons, Inc., MainRoad, Mattituck, New York, a/c Ralph Tuthill, WickahamAvenue, Mattituck, New York, be granted approval of access on property located on the north side Wickham Av~neu,~ Mattituck, New York, as applied for. This aptmoval is granted subject-to the fiRal approval of the Southold Town Building Inspector. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Fir. Grigonis. PUBLIC P~'ARING: Appeal No. 1082 - 8:00 P.M~(E.S.T.), upon application of~William~Wickham, Esq., Main Road, Mattituck, New York, a/c Herman W.' Johnston,. 286 N. Ocean Avenue~ Patchogue~ New York, for avariance in accordance with theZoning Ordinance, Article III, Section 303, Article X, Section 10OOA, for permission tO divide prpperty: Location of property: north east and nort west'side Haywaters Road, Nassau Point~ Cutchogue, New York, lots number 13, 14, 15 and 22 in Peconic Bay Properties Subdivision. Fee pai~$5.00. The Chairman opened the hearing by'readingthe application for a variance, legal notice of hearing~. affidavit attesting to its publication in the official newspaper, and notice tothe applicant. Southold Town Board of Appeals -9- April 27~ 1967 THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? WI?.LIAMWICKHAM',~ ESQ.: Gentlemen, I appear on behalf of the petitioner. I have nothing to add to the petition unless you gentlemen have some questions on what we presented'to you. This property is on the bayside. What we at,doing is taking 2~ lots and cutting them-down to 2 lots, with dividing line so there will be enough side yard. THE CHAIRMAN: You are increasing the size of the lots? WILLIAM WICKHAM, ESQ.: That is right. THE CHAIRMAN: These lots that are underwater, did the land ever go out that far? WITAIAMWICKHAM, ESQ.: I am not sure. I don't'think they ever-went out that far. THE CHAIRMAN: This is an old map? WT?w. IA~WIC~, ESQ.': Yes. The map was Peconic Bay Properties map. I think it was back in 1920 it was filed. It was about the time the Nassau Point'.Club Properties map was filed. THE CHAIRMAN: This is low land? WILLtAMWICKHAM, ESQ.': Yes~. it has' to be built up. THE CHA/!RMAN: I think this will be an improvement to the area. MR. BERGEN: Is that a private road in there? Yes. THE CHAIRMAN: ts there anyone present who wishes to speak against this application? ~here was no response.) Sou~hold Town Board of Appeals -10- April 15~ 1967 After investigation and inspection the Board finds ghat the applicant requests permission todivide property. f~e Board finds that-the applicant is increasing the size of all the property involved in the application. The Board points out that no structures may'be erected on the property set aside for access to Haywaters Cove. 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 shared by all properties alike in the immediate vicinity of this property and in'the same use district; and 'the variance does obserue the spiri~u oflthe Ordinance and will not change the character of the district. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED William Wickham, Esq., Main Road,. Mattituck, New York, a/c Herman W. Johnston, 286 N. OCean A~enue, be granted permission to divide property located on the morth east and north west sides of Haywaters Road, NasSau Point, Cutchogue, New York, tots number 13, 14, 15,. and 22 in Peconic Bay Properties, as applied for. Vote of the Board: Ayes:-Mr. Gillispie, Mr. Bergen~ Hulse, Mr. Grigonis. PUBLIC HEARING: Appeal No. 1083 - 8:15-P.M.~(E.'S.T.), Upon application of Oyster Ponds Rod & Gun Club, InC~ Orient, New York, for a special exception in accordancewith the Zoning Ordinance, Article III,: Section 300, Subsection 5 (¢)~ for permission to maintain and operate a-private club,, rifle, and pistol range within a structure. Location of property: south side-King Street, Orient~ New York, bounded north byKing Street, east by Robert Douglass and Wf., south by-Latham and Orient'Harbor, west by Douglass, Krull~ Frey and Others. Fee paid $5.00. The~Chairman opened the hearing byreading the application for a ~pecial exception~ legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice t6 the applicant. Southold Town Board of Appeals -11- April 27, 1967 T~E CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? ROBERT DOUGLASS: ~r. Chairman, my name is Rober% Douglass, this is ChesterWiggs, our Club'President; Mr. Norklun, a trustee. I am also a trustee. If there ame any questions in your minds we would like to answer them ~ MR. HULSE: This would be only for club members-? ROBERT DOUGLASS: Yes. MR. HULSE: I can't come down there and give you $2.00 and use your facilities? ROBERT DOUGLASS: No. THE CHAIRMAN: This is a non-profit organization? ROBERT. DOOUG~: Right. THE CPL~TRMAN: Pursumablythe only'place you could fire a rifle or pistol would be on the range proper~ You might define this and give more details. ROBERT DOUGLASS: The range will be standard50 foot police type or military typerange which is recommended by the NRA. .There are several different style. This means your fire distance from the man to· the target is 50 feet. This is required by NRA, that you have four feet of width for each range. In, other words in this cellar ......... THE CHAIRMAN: What are the dimensions of the cellar? ROBERT'DOUGLASS: The cellar dimensions are 20feet by 70 feet by 11 feet deep. THE C~: What is the ground level? ROBERTDOUGLASS: It is 9½ feet above the bottom. In other words, approximately one and one half feet of cellar above the ground level,~ and this is twelve feet'poured.concrete. MR. HULSE: Are there anywindows? Southold Town Board of Appeals -12- April 27, 1967 ROBERT DOUGLASS: There are none. There are two windows left and they will be bricked up. The others have been bricked up. On NRA specifications they allow four feet per shoot. In that sense you could easily put four ranges down their. We think less is safer~ so we have planned less. On each-side of these shoots where a man is operating his gun in position~ there are walls that drop down fromthe~eiling so he is firing between two walls. If he lays a rifle down, he couldn't lay it down so that it will cro~s the other man~ range. These are insulated for noise. At the other end you have the target in tapered steel container. On either side you will have suitable log barrierto absorb any miss shots that may hav.e some ricochet value. All of this will be completely open to inspection by your Town man. THE CHAIRMAN: I ~on't know if any of the Board is equipped to make an intelligent inspection of a rifle range. You might tell us a little more about this NRA. MR. GRIGONIS: What is the biggest calibre? BOB D~JGLASS: A .22 riffle and up to a .45 pistol. THE CHAIRMAN: No other types of rifle will be.used? ROBERT DOUGLASS: No, up to a .22 THE CHAIRMAN: Nothing bigger? ROBERT DOUGLASS: I doub~ it. THE CHAIRMAN: Can you obtain suplus ammunition? ROBERT DOUGLASS: Yes. We have to have an official NRA Range in order to get, and they lend you the weapons to use it in. ~HE'CHATRMAN: Theyd° lend you the weapons? ROBERT 1DOUGLASS: Yes. They supplylou~with some ammunition. So many rounds a month or year. MI{.' HULSE: Will you be using any hand guns? ROBERT DOUGLASS: No. Theydon't lend those. THE CHAIRMAN: Will there be anyone crawling around like in live fire? ROBERT DOUGLASS: No. Southold Town Board of Appeals -13- April 27~ 1967 JOHN BREDEMEYER: Actually what we all try to do is comply with'~IRA requirements and they have set it up for the'Country and it has been accepted by the-Federal Government. We are trying to go by their standards. We would like four shoots but we are settling for this. We would like andoutdoor'range but we just don't have the area. THE CHAIRMAN: How much land is involved in this club at Mattituck. JOHN BREDEMEYER: No too much. ROBERT DOUGLASS: They have a good five acres there. THE C~: It'seems to me they had a 30 foot-barrier to the back of them. The NRA didn't say a~thing about theceiling of this rifle range. What you have is okay with the NRA? ROBERT DOUGIa%SS: They didn't specify anything on that. The only thing they are interested in is any danger of people being ahead of the man firing, the ricochet cont~t of the thing. There is insulated t~e on the side of the projections from the ceiling to where the n~n is firing. THE CHAIRMAN: And that-absorbs the noise? ROBERTDOUGLASS: Theyfire the rifle between the bHarier and the man stands behind it. The gun is between the barrier. THE CHA~: They are steal ba~riers~ funnel shspe? ROBERT DOUGLASS: Yes. THE CPL~IRMAN: What does it sound like? ROBERT DOUGI, ASS: It doesn't make too much noise. MR.' GRIGONIS: It is more or less ricochet~ ROBERT DOUGLASS: Yest it is. As the slug goes through the target it slides down into a tank, that is all it does. THE CHAIRMAN: Our job is to concern ourselves with the general overall safety aspects from the Town's standpoint, and from 'the membership of the club to some extend. However that is taken care of I believe by the NRA Specifications. $outhold Town Board of Appeals -14- April 27, 1967 ROBERT DOUGLASS: We have already applie~for and have been granted insurance. THE CHAIRMAN: That is liability insurance for the neighbors? ROBERT DOUGLASS: That is for everybody, for ourselves and land owners. THE CHAIRMAN: It sounds to me like you have an ideal location. ROBERT DOUGI~SS: This range will be supervised. I filed a copy of our by-laws with the applications. It will be supervised with a range officer in cha~ge. MR.' GRIGON~S: Does the NRA come out and inspect this range? ROBERT DOUGLASS: When it is complete the NRAwill probably call the Mattituck Gun Club and have one of the men who is familiar with this thing inspect it and approve it. They will probably take a good man from that club and ha~-~ himinspect this. THE CHAIRMAN: When do you expect to be operating this range? ROBERT DOUGLASS: If we are granted the appeal we will start work right away. A month maybe. THE CHAIRMAN: Are there any other'questions? (There was no response.) THE CHAIRMAN: I think we have covered everything. MR. HULSE: Is this club different from the'Orient GunlClub? ROBERTDOUGLASS: The Orient Gun Club is now theOyster Ponds Rod and Gun Club. We have extended the value of the club by including fishing for those who do not-like hunting. We now have a year araund club instead of two or three months out of the year. THE CHAIRMAN: Those that were members of ~the Orient Gun Club will be members of this? ROBERT DOUGLASS: Right. Southold Town Board of Appeals -15- April 27, 1967 THE CHAIRMAN: What are the requirements to be a member of this club? CHESTER WIGGS: You must be a citizen of the United States, sign the pledge to abide by the NRA rules, must not be an undesirable character to undermine the United States Government. Als one must be of age. We do allow residents members 14 and up to go on 'the range with an adult. THE CHAIRMAN: How manymembers do y~u have? CHESTER WIGGS: Eighty-seven. THE CHAIMRb~: HOW many summer'residents and how many winterresidents? CHESTER WIGGS: The 10 non-resident membems~ two are summer residents. There is only one other member who is a summer res/dent. THE CHAIRMAN: You have almost 100% native Orient membership. Are there any other questions conserning this application? (There was no response. ) THE CHAIRMAN: Is there anyone present~whQ~ishes to speak against this application? i(There was no response.) THE CHAIRMAN: One other question I would like to ask. Does this have any connection with the Reserves, ArmyReserves, or National Gua~? ROBERT DOUGLASS: No. .Afterinvestigation and inspection the Board finds that the applicants request permission to maintain and operate a private club, rifle and pistol range within a structure. The Board finds that this club will be open to only the me~bers of the Oyster Ponds Rod & Gun'Club. The Board further finds that this range will be built, maintain and operated in accordance with the National Rifle Association Rules and Specifications. The permission to operate this range shall coincide with the permission to be granted by the National Rifle Association so that the two will occur at'the same time. Southold Town Board of Appeals -16- April 27, 1967 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use ofneighborhood property and adjoining use districts will not be permanentlyor substantially injured and the spirit of theOrdinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED Oyster Ponds Rod & Gun Club, Inc., Orient, New York, be granted permission to maintain and'operate a private club, rifle range and pistol range within a structure on property located on south side King Street, Orient, New York, as applied for. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Fir. Hulse, Mr. Grigonis. PUBLIC HEARING: Appeal No. 1084 - 8:30 P.M.(E.S.T.')',. Upon application of Edna A. Brown, Main Road, East Marion, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection A, for permission to retain an on premises identification sign with insufficient~eight from ground level. Location of property: north side Main Road, East Mation, New York, bounded north by Andra Bitten, east by'W.C. Brown, south by Main Road, west by Mary King Est. Fee paid $5.00. The Chairman opened the hearing by reading the application for a spedal 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,ho wishes to speak in favor of this application? ~ A. BROWN: I do. BERGEN:What is the size of the sign? EDNA BROWN: I den't know. Howard said the size i~ alright. MR. HULSE: It's about three feet by. four feet. MR. BERGEN: It isn't high ~nough. EDNA BROWN: It is one foot from ground ~vel now. MR. BERGEN: It looks better closer to the ground. Southold Town Board of Appeals -17- April 27, 1967 THE CP~: Is there anyone present who wishes to speak againstthis application2 (There was no response.) After investigation and inspection the Board finds'~ that the applicant requests permission to retain an on premises identification sign with insufficient height from ground level. The Board finds that the applicant is in the-Real Estate business. The Board finds that the sign in question meets all the other requirements in regard to setback from all pro~rty lines. It is the opinion of the Board that the sign shall remain as it is now located, with insufficient height from ground level. This sign is in no way a traffic hazard. The Board finds that the public convenience and welfare and justice will be served andthe legally established or permitted use ofneighborhood property and adjoining use districts will not be permanentlycr substantially injured and the spirit of the Ordinance will be observed. ~On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Edna A. Brown, Main Road, EastMarion, New York~ be granted permission to retain an onpremi~es identification sign.with insufficient height from ground level on property located on the north side Main Road, East'Marion, New York,as applied for~ subject to the following conditions: 1. The sign shall be granted for a period of one year, renewable annuallY uponlwritten application to the Board of AppealE. 2. The sign shall be subject to all subsequent changes in'the Southold Town Building Zone Ordinance as it applies to signs. Vote of the Board: Ayes:- Fir. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis. Southold Town Board of Appeals -18- April 27~ 1967 PUBLIC HEARING: Appeal No. 1085 - 8:40 P.M.(E.S.T.), Upon application of'Townsend Manor Inn, 714Main Street, Greenporta New York, for a spec~l exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for per- mission to retain an'off premises directional sign on the pro- perty-of Harold Reese. Location of property: so~th sideMain Road, Greenport, New Yorki located on lot number'44 in Southold Shores Subdivision. 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. MR. HULSE: This sign being applied for is too big and it is in the highway. THE'CHAIRF~: I think this particular sign was granted when the Board granted this size sign. This can onlybe taken care of by a change in the Ordinance. I th~ you are right about the sign being in the highway. Is there anyone present who wishes to speak for 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 Bo~d-finds that the applicant requests permission to retain an off premises directional sign onthe property of Harold Reese. Said property owner has given written permission for the location of said sign on his property. The Board finds that the applicant is in the motel and restaurant business. It is the opinion of the Board that this sign is in the interest of the travelling public. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted useof 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 -19- April 27, 1967 On motion by Mr. Gillispie, seconded by ~r, Hulse, it was RESOLVED that Townsend Mmnor Inn, 714 Main Street, Green- port, New ¥ork~ be granted permission to retain an off premises directional sign on the property of Harold Reese, located on the south side Main Road~ Greenport~ New York, as applied for, subject to the following conditinns: 1. The sign shall be located at least five (5) feet from any property line or street line. 2. The sign shall be located at least-three .(3) feet above ground level. 3. The sign shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it applies to signs. &. The sign shall be granted for one year only, renewable annu~ly upon written application to the Board of Appeals. Vote of the Board: Ayes:-Fzr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis. In response to a letter from Mr. Fred Siemerling, Secretary for the Long Island Strawberry Festival, on motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Boardof Appeals grants permission to the Lions' Club of Mattituck to place three wooden signs in and around the hamlet of Mattituck to advertise their annual Strawbe~r~ FeStival to be held June 17, 1967. These signs will be placed the same as they were for the year 1966. Permission from the property owners must be obtainedhefore the sign is erected. The three signs may be erected June 3,. 1967 and must be removed by June 19, 1967. It is believed that this is in the public interest. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Southold Town Board of Appeals -20- April 27,~ 1967 In response to a letter from Mr. Martin Suter, Secretary, Mattituck'Fire Department, on Motion by Mr. Hulse~ seconded by Mr. Grigonis, it was RESOLVED the Board of Appeals grants permission to the Mattituck'Fire Department to place approximatelyS0 poseers, 20 inches by 30 inches on the main roads and in stores in the Mattituck Fire District from June 1, 1967 through July 15, 1967. In the letter requesting permission, Mr. Suter, Secretaryof the Mattituck Fire Department~ agrees to remove these posters immediately after July 15,~ 1967. It is believed that this is in the public interest. These posters will advertise a bazaar ~o be held July 12, 13, 14, a~ 1S. It is specifically forbidden to place these posters on utility poles or private property without permission. Vote of the Board; Ayes:- Mr. Gillispie, Mr. Bergen,. Mr. Hulse~ Mr. Grigonis. On motion~by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M.(E.D.S.T.'),. Thursday~. May lla 1967, at the Town-Office, Main Road, Southold, New York, as the time and place of hearing upon application or'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 Road, Orient, New York, bounded north byW. B.' Karcher-VJT.' Latham, east by'R.W.' Gillispie, south by G.W.' Hallock, west by'Platt Road. Vote of the Board: Ayes:- ALL On motion by Mr. Grigonis, seconded by Mr. Bergen, i t was RESOLVED that the Southold Town Board of Appealsset 7:35 P,M.(-E.D.S.T.), Thurs4ay, May 11, 1967, at the Town Office, Main Road~ Southold, New York, as the time and place of hearing upon application of Ed's Sign Service, 956 E. Main Street~ Riverhead~ New York, a/cAl's Liquor Store,. Griffin Street, Cutchogue, New 'fork, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a), for-~er- mission to erect a ground sign with insufficient setback. Southold Town Board of Appeals -21- April 27, 1967 Location of property: north east-side Main Road and G~iffin Street, Cutchogue, New York, boundednorth by'C has. Schneider~ east by A.J. Terp, south by Main Road, westby Griffin Street. Vote of the Board: Ayes:- ALL ON motinn by Mr, Bergen, seconded by Fir. Hulse,~t was RESOLVED that the Southold Town Board of~Appeals set 7:50 P.~M.~EjD. S,T.'), ~ Thursday, May 11, 1967, at the Town Office Main'Road, Southold, New York, as-the time and place'of hearing upon application od"Walter Teresko, New Suffolk Road, Cutchogue~ New York, for a special exceptionin accordance with the Zoning Ordinance, Attilce III, Section 300, Subsection 8, for permission to retain an on premises identification sign with insufficient setback fromthe property line. L~tion of property: New Suffolk Rca d, Cutchogue, New York, bounded north by W.H. Case-Teresko, east by J. Wickham Est., south by J.'I. Tuthill Est.- Beebe, west by Beebe-Teresko. Vote of the Board: Ayes:- ALL On motion by Mr~ Gillispie, seconded by Mr. Grigonis, it was RESOLV~O that the Southold TownBoard of Appeals set 8:00 P~M~i(EiD. S&'TJ), Thursday, May 11, 1967, at the Town Office, Main Road, Southotd, New York~ as the time and place Rf hearing~pon application of JohnElak~ Main Road, Cutchogue, New York, for a special exception in accordance with the Zoning ~rdinance, Article III, Section 300, Subsection 8, for permission to retain farm stand signs. Location of property: south side Main Road, Cutchogue, New York, bounded north by Main Road, east by M. Elak south by M. Elak, west by District-Line. Vote of the Board: Ayes:- On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:15 PM ~.D.S.T.)~ Thursday, May 11~. 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon appliCmtion of Valentine Ruch, IV, 2 Wilkins Place, Tenafly, New Jersey~ for a special exception in accordance with the Zoning Ord- inance, Article III, Section 300, Subsection 9, for permission to retain the following signs for Arshamomaque Colony: 1) one sub- division sign wi~nsufficient setback located on ~the south side Middle Road, Greenport, New York~ bounded north by Middle Road, east by Teeves, south by'Cassidy, west by Ruch and Others, 2) Two area Southold Town Board of Appeals -22- April 27, 1967 identification signs, south side Middle Road, Greenport, New York bounded north by Middle Road, east by land of Ruch, south by private Road, west by land of Ruch. Vote of the Board: Ayes:- ALL On motinn by Mr. Bergen, seconded by'Mr. Hulse, it was RESOLVED that the SoUthold Town Board of Appeals set 8:30 P.'M.{E.D.S.T~)., Thursday, May 11, 1967, at the Town Office, Main ROad, Southold, New York, as the t/me and place ofhearing upon application of WilliamE. and Hilda C. Folkes, 590 Riley Avenue, Mattituck, New York, for a variance in accordance with the'Zoning Ordinance, Article III, Section 303, Article X, Section ~000A, for permission to divide property. Location of property: south east sideRiley'Avmnue, lot number 12~ G.S. Riley & Others, Mattituck, New York. Vote of the Board; Ayes:- ALL On motion by Mr. Hulse, seconded by Mr. Gillispie, it'was RESOLVED that the Southold Town Board of Appeals set 8:40 P.M~:(E.D.S.T.)~Thursday, May 11, 1967, at the Town Office, Main Road, Southold, New York, as the time and place ofhearing upon application of'Lefferts P. Edson, Esq., Southold, New York, a/c C~arice Blackburn,~otel-Ansonia, 73rd Street & Braadway, New York, New York, and Alice~Beyea Weber,-Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Artkle'X~ Section 1000A, Article III, Section 303, for.permission to use sm undersized parcel of land. Location of property: south side New Suffolk Avenue, east by'C. Case, south by Peconic Bay, west by M.W. Lockwood-H~ Case. Vote of the Board: Ayes:- ALL On motion by Mr. Grigonis, seconded by ~r. Hulse, it was RESO/UED that the Southold Town Board of Apppeals set 9:00 P.M.{E.D.S. Tj), Thursday, May 11, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of George Ahlers, 855 Eugene ROad, Cutchogue, New York, a/c Jack'Clarke, 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 Southold Town Board of Appeals -23- April 27, 1967 setba~k~fr~3t~ie ~roperty line. Location of proper.ty: north side Sailors Lane, Cutchogue, New York, bounded north by F~V. Braatz, east by M.-V. Braatz, south by'Sailors Lane, west by M.V. Braatz. Vote of the Board: Ayes:- Ail On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOnRn that the Southold Town Board of Appeals set 9:15 P.M.i(E.DjS.'T.'), Thursday, May 11, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearingm~g~x~ upon application of'WilliamWickhamEsq., Mattituck, New York, a/c Howard C. & Matilda Bigg, Hay~aters Road, Cutchogue~. New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and 307, Article'X, SUction 1000A, for permission to divide property. Location of property: north west side Haywaters Road, Nassau Point, Cutchogu~, New York, lot numbers 9 & 10 in Peconic BayProperties Subdivision. Vote of the Board: Ayes:- On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals~set 9:30 P.M..~.DS.T), Thursday, May 11, 1967, at the Town Office, Main Road, Southold~ New York, as the time and place of hearing upon application of William M. Beebe, New Suf~lk Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, forpermission to divide property. L~tion of property: west side New Suffolk Road, Cutchogue, New York, "B" Business District, bounded north by R.C. Church-Williams, east by New Suffolk Road, south by Finkle west by'Congregational Society. Vote of the Board: Ayes:- ALL On motion by Mr. Gill~pie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Boardof Appeals set 9:45 P. Mo (E.D.S.T.)i, Thursday, May 11, 1967, at the Town Offiee~ Main Road, Southold, New York, as the time and place of hearing upon-application of George W. Smith & Sons, ~ain Street, Southold, New York, a/c Dai-Moy, Cedar Beach Park, Southold, New York.~ for a variance in accordance with the Zoning Ordinance, Article III, Section 305, for permission to construct an addition with insufficient front yard setback. Location of property: private right of way, Southold, New York, lot number 118 in Cedar Beach Park Subdivision, VOTE OF BD.: AYES:-ALL Southold Town Board of Appeals April 27, 1967 On motion byMr. Gillisp!e, seconded by Mr. Hulse, it was RESOLVED that the SoutholdTown Board of'Appeals set 10:00 P.M.~.D.S.T~), Thursday, May 1i, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearingupon application of ~ Irving'L. Price, Esq., Greenport, New York, a/c $outhold Summer Theater, Inc., 197 Carlton Avenue, Brooklyn, New York. for a variance in accordance with the Zoning Ordinance, Article III, Section 300, ~ for permission to operate a place of amusement. Location of p~0erty: south side Main Road, Greenport, New York, bounded north by Main Roadi east by Greenport Homes Sub., sou~h by Rialroad, we~t by Fleet Lumber, Inc. Vote of the Board: Ayes:-ALL Fir. George Ahlers appearedbefore the Board for'an informal discussion on his application on behalf of Jack'Clarke, forthe house with insufficient setback on Sailors Lane, Cutchogue, The Board informed Mr. Ahlers, it was their'~wg~ opinion at the present time that the house shall conform, with the 35 foot setback required by the Zoning Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated April 13, 1967, be approved as submitted. Vote of the Board: Ayes:- biro Gillispie, Fir. Bergen,~ Mr. Hulse, Mr. Grigonis. The next'regular meeting of the Southold Town Board of Appeals will be held at 7:30 P.M.', Thursday, May 11, 1967, at the Town Office, Main Road,~ Southold, New York. The meeting was adjourned at 10:30 P.M. ...... ~ ~ Barbara C. Dittmann, $ cretary Southold Town Board of Appeals