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HomeMy WebLinkAboutZBA-01/05/1967$outhold Town oar eals SOUTHOLD, L. I., N. 'l'¢Jtphone SO 5 £660 APPEAL BOARD MEMBERS Robert '~(/. Gillispi¢, Jr., Chairman Robert Bergen Charles Gregonis, Jr. Serge Doyen, Jr. Fred Huls¢, Jr. SOUTHOI~ TOWN BOARD OF APPEA~S January 5, 1967 A regular'meeting of the Southold Town B®ard of Appeals wa~.Lheld at 7:30 Po~-eiCEoS. T.)'~r Thursday, January 5, 19~7, at the Town Office, Main Road, Southold,_ New York° ~There were present: Me,,rs: Fred Hulse, Jr Grlgonls~ Jr.~, . Robert Bergen~ Charles ' ' Chai~man; Absent: Mr.- Robert Gillispie,': Jr. ,- Chairman PUBLIC FzEARING~ Appeal No. Upon~z .application of'~illiam'Clarke, Esqo, M~attituek, Robinson J. Goodale, Pec®nic Bay'Blv~., Jamesp®rt, New York, for · a variance in accordance with the Z®nin~ Ordinance, ~rticle Section 303, Article X, Section 1080A, forpermission~to divide property with insufficient frontage and area. Location of property: west side Marlene Lane, Ma'ttituck, New York~ bounded north'by R.C. Goodale, east by Marlene Aane~ south by W.J. Clarke, west by'Mattituck Park'Sub. Fee t~id $5.~0. The Chairman opened the hearing~y reading the 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 -2- January 5, 1967 THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this appticatimn? ~There was no response..) THE CHAIRMAN: Is either~ Mr. GoodbYe or Mr.~ Clarke present? (There was no response.) MR.' BERGEN: I don't seen any reason why we can't put this through as asked for. 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 appellant requests permission to divide property with insufficient frontage and area. The parcel of property to be conveyed is approximately fifty feet by one hundred forty five feet. The Board is in agreementwith the reasoning of the appellant as shown on the application to the Board of Appeals. The Board finds that strict~aPplication of the Ordinance would produce,practical difficulties or unnecessary hardship; the hardship createdis unique and would net be shared by all properties alike in the immediate ~icinity 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. Bergen, seconded by Mr. Grigonis~. it was RESOLVED William Clarke~ Esq., a/c Robinson J. Peconic Bay'Btvd. a Ma~e~-Ne Jamesport,~New York, be granted permission to divide prop~rtywith insufficient f~ontage and area as applied for on the application tot_he Board~fAppeals~ Application dated D~cember 9, 1966. Location of property: west side Marlene~Lane, attituck, New York. Vote of the Board: Ayes:-- Mr. Hulse, Mr. Be~gen~ Mr. Grigonis, Mr~ Doyen. Southold Town Board of Appeals -3- January 5, 1967 Miss Helen Booth appeared before the Board for an informal discussion relative to her~ property located on the south side North Road, Peconic, New York. Miss Booth has non-conforming propertywhich was used as a dairy. She wishes to change the use of the property and operate a delicatessen. The Board advised her~that she should make an application tothe Board to change the use. PUBLIC HEARING: Appeal No. 1006 - 7:40 P.M.~(E.S.T.), Upon application of~Kyrillos Charalambides, 1550 Central Drive, Mattituck, New York, for a variance~ accordance with the Zoning Ordirmnce, Article III, Section 300, Subsection 6,~rticle VII, Section 703, for permission to retain an accessory budding in the front yard area. Location~of property: north side Central ~ive, lot number 79, in Capt. Kidd Estates, Mattituck~ New York. Fee paid $5.00. The Chairman opened the he-ring by reading the application for a variance, legal notice of hearing, affidavit attesting~o its publication in the official newspaper, and notice tothe applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? i(There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? THECHAIRMAN: This house was constructed with a garage attached. The applicant~has since taken the garage within his house and put a garage about l0 feet from the road line. The garage is already'constructed. I can't see anyhardship in the fact. He hasn't proved anything that is unique. He had a garage and saw fit to do away with it. I don't see any reason for granting this. It was unanimously aqr~ed that the hearing on appeal number 1006 be closed and that decision be reserved for the ft~ther deliberation of.the Board. Southold Town Board of Appeals -4- January 5, 1967 PUBLIC HE. ARING: Appeal No. 1007 7:50 P.M.~..S.T.)~, Upon application of Frank A. McGee~ Strohson Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance,~ Article III, Section 300, Subsection 7 and 10, for permission to retain an off premises name plate sign. Locatbn of property: south side~Strohson Road and Little Neck Road, Cutchogue, New York, bounded north by Strohson Road, east by L.M.~ason, south by'Creek, west by Little Neck'Road. Fee paid $5.00. The Chairman opened the hearingby reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice tothe applicant. THE CHAIRMAN: Is there anyo~ present who wishes to speak in favor of this application? FRANK McGEE: I speak in favor of it. THE CHAIRMAN: Maybe you can give uscsome more information? How tig are the name plates? FRANK McGEE: They are 14 inches across and 2 inches high. MR. BERGEN: How many name plates are there? FRANK McGEE: Ten. THE CHAIRMAN: Who owns the property where the sign is located? FRANK McgEE: I do. THE CHAIRMAN: Is the sign five feet from the property lin~? FRA~QK~McGEE: I think it is three feet. THE CHAIRMAN: It should be five feet from the lot line. It has been the policy of the Board to have name plate signs and I think this goes along with the ones we have granted in other areas. Is the~e anyone present who wishes to speak against this application? (There was no response.) $outhold Town Board of Appeals -5- January 5, 1967 After investigation and inspection theBoard finds that the appellant requests permission to retain an off premises name plate sign. The Board finds that the sign is on the property~'ofFrank~A. McGee, the appellant. Thee Board finds that this sign list the names of the people who live along Strohson Road. There are ten names on the sign, each panel is fourteen inches i(14") ki long and two inches (2") high. The-Board points out that it has been the policy of the Board to grant name plate community signs to those who live off the main highways on private r~ads. It is the e~e~ opinion of the Board this sk3n is in the public interest in regard to directing delivery men~ service men, emergency equipment, etc. The Board finds that the public convenience and welfare and justice will be served and the legally established~ or permitted use of neighborhood property and adjacent use districts would not be substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigmnis, seconded by Mr. Bergen, it was RESOLVED that'Frank'A. McGee, Strohson Road, Cutchogue~ New York~ be granted permission to retain an off pren~ses name plate sign on property located on the south side Strohson Road and Little Neck Road, Cutch~gue, New York, as applied for on the application to-the Board of Appeals, application dated December2, '1966. This permission is granted subject to the following conditions: 1. The sign shall be g~anted for ome (1)year only, renewable annually upon w$itten application to the Board of Appeals. 2. The sign shall be subject to all subsequent changes in the SoUthold Town BuildingZone-Ordi~nce as it' applies to signs. 3. The sign shall be located at least five feet f$om all street lines or property lines. Vote of the Board: Ayes:- Mr. Hulse, Mr. B ~e~.~en~ Mr. Grigonis, Mr. Doyen. S°uthold Town Board of Appeals -6- January 5, 1967 PUBLIC P~%RING~ Appeal No. 1008 - 8:00 P.M.(E.S.T.), Upon application of ~oseph and Sophie Cherepowicz, Main Road, East Marion, New York, for recognition of access in accordance with the State of New York Town Law, Section 280A. Location of property: east side Shipyard Lane, East Marion, New York, bounded north by Main Road, east by Marion ManorSub.- Manor Grove, south by Northern Oyster Co.- Reeve, west by'"Shipyard Lane- Others. Fee paid $5.00. The Cha~rman opened the hearing by reading the application for a recognition of access, legal notice of the hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to spesk in fmvor of this application? JOSEPH CPIEREPOWICZ: I do. THE CHAIRMAN: Is there any one present who wishas to speak against this application? (There was no response.) THE CHAIRMAN: I looked this over. The access coulduse a little gravel, etc. This access will be approved on the condition the Budding InsPector inspects ~this and gives it final approval after the access is improvedj After inves%igatinn and inspection the Board finds that the appellant requests approval of'access. The proposed access will be fifty feet wide and serve four interior lots. The Board finds that this access has been discussed bythe appellant with theI Southo]d Town Planning Board. The Planning'-B~a~d has advised that four lots could be approved by the~l~r~z~3Board of Appeals. The Board finds that the lots along the right of way.will all have at-lea~t 100 foot frontage and 12,500 square- feet of area. The Board finds that the right of way will be accessible to all emergency equipment. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; th~ hardship created is unique and would not be shared by all properties alike in theimmediate 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. Southold Town Board of Appeals -7- January 5, 1967 On motion by Fir.' Hulse, seconded by Mr. Bergen, it was RESOLVED that Joseph and Sophie Cherepowicz, Main Road, East Marion, New Yorkbe granted permissi~for approval of access on property located on the east side'Shipyard Lane, East Marion, New York, as applied for onthe application to the Board of Appeals~ application dated December 5, 1966, subject, however, to the final approval by the Southold Town Building. Inspector. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr. Doyen. PUBLIC ~R.A/{ING: Appeal No. 1009 - 8:10 P.M.i(E.S.T.), Upnn application of John ~ickham~ Wickham Fruit Farm, Main Road, Cutchogue, 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 sign with insufficient setback from the property line. Location of tx operty: south side Main Road, Cutchogue, New York, bounded north by Main Roa~,Teastby H.L. Fleet Est., south by Wickham~Creek - F. Tuthill, west by F. Tuthill. Fee paid $5.00. The Chairman opened ~e hearing by reading the application rom a special exception~ legal notice of hearing, affidavit attessting to its publication in the official newspaper, and notice to the applicant. .THE CHAIRMAN: Is there anyone present who wishes to speak in favorlof this application? ~ANN_ WICKHAM: I am. THECHAIRMAN: Do you have anything to add to the application? '~ W-~CKHAM: That sign was put there in 1954. We can not move it in from the road any further. It will be right in the middle of the driveway. Can't.move it east or west it will still be in the driveway, THE'CHAIRMAN: Is there anyone present WhO wishes to speak against this application? CThere was no response.) $outhold Town Board ~f'Appeals -8- January 5, 1967 THE' CHAIRMAN: Do any members of the Board wish to say anything ? MR. BERGEN: We looked the sign over. I see no other way they could locate~it. THE CHAIRMAN: This ~sign is located in the best possible p~ace, so as not,to be a traffic hazard. Is there anything further? (There was no response.) After investigation and inspection the Board finds that the appellant requests permission to retain an on premises ground sign with insufficient setback from the property line. The Board finds that the appellant cannot set the sign back the required five feet in view of the existing driveway and parking lot in back of the sign. If the sign was setback the required five feet it would be located in the driveway and a traffic hazard to those going in and out of the Fruit Stand. The Board fin~s that all of the sign sits on the appellant's property. 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. Hulse, seconded by Mr. Bergen, it was RESOLVED that John-Wickham, Wickham Fruit Farm~ Main Road, Cutchogue, New York, be granted permission to retain an on premises ground sign with insufficient setback from the propemrty line on property located on the south side Main Road, Cutchogue, New York, as applied for on the application to the Board of Appeals, application dated September 16, 1966, subject to the fOllowing conditions: 1. The sign shall be g~anted for one el) year only, renewable annually upon ~9~ ~ritten application to theBoard of Appeals. 2. The sign shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it applies to signs. V~e of the Board: Ayes:- 9Lt. Hulse, Mr~ Bergen, Mr. Grigonis, Mr.. Doyen. SouthOld Town Board of Appeals -9- January 5, 1967 PUBLIC HEARING: Appeal NO. -1010 - *8:20 P.M.:(E.E.~.$~ Upon application of'Chester Orlowski, a/c'Our Lady of Ostrabr~ma Church, Depot~Lane, Cutchogue, New York, for permission to retain a directional sign on the ~rope~ty of Cora W. Wolf, located on the south side Main Road, Cutchogue, New York, bounded nor th by Main Road, east by H.L. Fleet and Ano.~ south by H.L. Fleet and Ano., west by Anthony Blados. No fee required. 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~e applicant. THE C~L%IRMAN: Is there anyone present who wishes to speak in favor of this application? CHESTER OP~LOWSKI: I am in favor of it. THE CHAIRMAN: Do youhave anything to add? CHESTER ORAOWSKI: Nothing more than what the application states. THE CPIAIRMAN: Is there anyone present Who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Any members of the Board wish to say anything? (There was no response.) The Chairman read the letter, of permission from the property owner where the sign is located. After investigation and inspection the Board finds that the appellant requests permission to retain an Off premises directional sign, The sign in question directs the public to the Our'Lady of Ostrabrama Church located on .mm~r~'Depot-Lane in Cutchogue. It is the opinion of the Board this sign is in the interest~ of the travelling public . The Board finds that the public convenience and welfare and j~stice'will be served and the legally established or permitted use ofneighborhood 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 -10- January 5, 1967 On motion by Mr. Grigonis, seconded by Mr..-Doyen, it was RESOLVED that Chester Orlowski, a/c'OUr Lady of Ostrabrama Church, Depot-Lane, Cutchogue,~New York, be granted permission to retain an of f premises directional sign on the property of Cora W. Wolf, located on the south side Main Road, CUtchogue, New York~ subject to the following conditions: 1. The sign shall be granted for one year only, renewable annually upon written application to the Board Of Appeals. 2.~ The sign shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it applies to signs. 3. The sign shall be no larger than four (4) feet by six feet. 4. The sign shall be located at least five feet from all property lines and r~ad lines. 5. The sign shall be located at least three feet above ground level. Vote of the Board: Ayes:- M_r. Hulse, Fir. Bergen~ Mr. Grigonis, Mr~ Doyen. PUBLIC HEARING: Appeal NO. 10tl - 8:30 P,~.~'(E~S.T,)', Upon application of'Agway PetroleumCorp,, Pulaski Street, Riverhead, New York, a/c Ted KlosService Station, Main Road, Peconic, New York, for a special exception in accordance with the Zoning Ordinance, Artids IV, Section 408, Subsection A,'for· permiSSion to retain an on premises pole sign with insufficient setback. Location of property: south side MainRoad, Peconic,. New York, bounded north by'Main Road, east by H.~ Konarski, south by E. Horton, west byE. Horton. 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. Southotd Town Board of Appeals -11- January 5~ 1967 THE CHAIRMAN: Is there anyone,preset who wishes to speak for this application? FRANK BISHOP: I am thelocal manager of Agway Petrolemm Corp. I came in response to your invitation. We would like to cooperate in any way we can. THE CHAIRMAN: Thank you. Does this sign overhang the property line ? FRANK BISHOP: I believeFlr. Terry said it overhangs the tight'of way. THE CHAIRMAN: Could you turn the sign around? FRANK BISHOP: I think that could be done. · THE CHAIRMAN: We did that for~ Sayre. .They turned the sign around on the base. We have no right to grant-anything that encrOaches on County, Town, Federal or State property. If you move the sign back it isn't going to be any good to you. If you turn it~around so it doesn't overhang the property line you-can leave it where it is. Is that agreeable to you~ FRANK BISHOP: I think we can do that. THE CHAIRMAN: Would anyone else wish to express their opinion. ~4R. GRIGONIS: There is a State Law against~si~nS.~v~rhanging the property. If they s~ing it around it will be okay. THE CHAIRMAN: Is there anyone preset who wishes to speak against this application ? (There was no response. ) After investigation/and inspection the Board finds that the appellant request permission to retain an on premises pole sign ~ith insufficient setback 'from the ~ road property line. The Board finds that the top part of the sign ovgrhangs the property line. The Board points out they do not have authority to grant a sign which encroaches on publicproperty. The sign may be retained in the present location if the appellant turns the 'top part'of the sign around so that it does not overhang the property line. The Board finds that the sign is essential to the appellant~s business. Southold Town Board of Appeals -12- January. 5, 1967 The Board finds that the public convenience and welfare and j. ustice 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 OrdiRmnce will be observed. On motion by M_r. Hulse, seconded by Mr. Grigonis, itwas REOSLVEDthat'Agway~PetroleumCorp., Pulaski Street, Riverhead, New York, a/c Ted Klos Service St~ion, Main Road, Peconic, New York, be granted permission toretain a pole sign with insufficient setback on property located on the south side Main Road, Peconic, New York, subject to the following conditions: t. The top partof the sign must be turned around so that no part of it overhangs the property line. The pole may remain in its present location. 2. This sign shall be granted for one ~1) year only, renewable annually.upon written application tothe Board~'Appeals. 3. ~nissign shall be subject to all subsequent changes in the Southold town Building Zone Ordin~nceas it applies to signs. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr. Doyen. pUBLIC HEARING: Appeal No. 1012 - 8:40 P.M.~(E.'S.'T.), Upon application of Newton Robbins, Capt. Jim's Rowboat~Station, Third Street, New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for permission to retain an'off premises directional si~n with insufficient setback. Location of property: north east corner of Main Street and'Third Street, New Suffolk, New York, bounded north by Helen Aponik , east by Dante A. Lorti, south by Main Street, west by Third Street. Fee paid $5.00. The Chairman opened the hearing byr~ding the application for a special exception, legal notice~of~hearing, affidavit attesting to its publication in the official newspaper, and notice tothe appellant. Southold-Town Board of Appeals -13- January 5, 1967 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? i(There was no response.) The CHAIRMAN: Is there anyone present who wishes to speak against this application? (There wa~ no response.) THE CHAIRMAN: Mr. Bergen and I looked at this sign. It does affect~isibility especially on Third Street. It is very difficult to see do~n Main Street, On motion by mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that a decision on appeal no. 1012, upon application of Newton Robbins, be postponed until a future date, and it was further ~ · RESOLVED that the following letterbe~written to Mr. Robbins: Dear Mr. Robbins: After investigation by the Board it is the opinion of the Board that the sign requested in App~l number 1012 is a~traffic hazard, as it affects vision when proceeding out of Third Street onto Main Street. It is the opinion of the Board that you will have to find a better location for the sign. The next meeting of the Board of Appeals will be held on January 19, 1967, at the Town office, Main Road, Southold, New Yo~k. If you could come into the office at approximately 10 o'clock'p.m., the Board will further discuss this matter with you. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr.-Doyen. 1013 PUBLIC HEARING: Appeal No./8:50 P.M. ~E.S.T,)~ Upon application of Russell P. Silleck Agency, Main Street, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection A & B, and Article III, Section 300, Subsection 10, for permission to retain the following signs: One on premises ground sign with insufficient setback from the property line, and two signs on the front of the building. Location of property: south side Main Road, ~-&~k ~utchogue, New York, bounded north by Main Road, east by I. Levin~ south and west by Southold Town Board of Appeals -14- January 5, 1967 North Fork Bank and Trust-Co., 2) one road side sign on the property of"C. Koloski, located on the south side Main Road, MattitUck, New York, bounded north by Main Road, east by H. Pollak, south by C.~ Koloski, west by F.~. Carlin-C. Koloski; 3) One road side sign located on,the property of H.B. Robinson, located on the west side Main Road, Cutchogue, New York, bounded north by'Stanley Rusko, east by Main Road, south by D.-Robinson-Others, west by Long Island Railroad. Fee paid $5.00. The Chairman opened the hearing by re~ding the application for a special exception, legal notice of'hearing, affidavit attesting to its publication in the official newspaper, and notice to~e applicant. THE'CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? (~There was no response.) THE CHAIRMANL Is there anyone present who wishes to speak- against this application? (There was no response.) MR. BERGEN: I'll go along with the on premises signs. After investigation and inspection t~e Board finds that the appellant request permission to retain ~ one on premises ground sign with insufficient setback from the property line,andtwo signso~the f~ont of the~ building. The Board finds that if the~s~~ setback the required five feet it-would not be 'viSible to west bound traffic. The small sign on the building isa profession~k plaque , Which gives the insurance number and types of insuramces ~ld. This is separate from the real estate 'business, and the Board feels it is~entitled to a sign. The Board finds that the public convenience and welfare and justice will be served and the legally ~k-~ established or permitted use of neighborhood property and ad3o~n~ng use districts will not be permanently or substantially injured and the spirit of the Ordinance wfll be observed. On motion by Mr. Hulse, seconded by M_r. Grigonis~ it was BESOLVED that Russel P. Silleck Agency, Main Street, Cutchogue, New.York, be granted permission to,retain one on premises ground sign with insufficient setback from the property line and two signs on the front of the building on property located on the south si4e, Main Road, Cutchogue, New York, ~w,~ Southold Town Board of Appeals -15- January5, 1967 as applied for on the application to~e Board of Appeals, application dated December 3~ 1966, subject to~e following conditions: 1. The signs shall be granted fo~ one (1) year only, renewable annually~upon written application to the Board of Appeals. 2. The signs shall be subject 'to all subsequent changes in the Southold Town Zoning Ordinance as it applies to signs. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Fir. Grigonis, Mr. Doyen. After investigation and inspection the Board further finds thatlthe appellant request permissionto retain two road side w~ signs. The appellant is in the real estate and insurance business. The Board points out that-any real estate dealer may display'a sign on any property that is for sale or forint. The Board points out and refers to a policy set up by.the Board in May 1958, which was to be used as a guide for off premises~signs. Said gUide stated that P2~ the purpose of such a sign must be directional in the public interest or convenience~as distinguished from signs advertising the sale of products or merchandise. Signs advertising types of business which provide food, shelter, and amusement for thepublic are deemed in the public interest~and convenience. The Board finds that the public convenience and welfare and justice will not be served and the legally established~or permitted use of neighborhood property and adjoinTng'use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by F Lt. Hulse, seconded by Mr. C~rigonis, it~was RESOLVED that Russell P. Silleck Agency, MainLStreet, Cutchogue, New York, be denied permission to retain the ~following off premises signs: 1) a sign On theproperty'of~C, Koloski, located on the south side Main Road~ Mattituck, New York, 2) a sign located on the property of H.B. Robinson, located on the west side Main Roadi Cutchogu~, New York, as applied for on the application to the Board of Appeals,application dated December 3~ 1966. These signs shall be removed within thirty ~(30) days from January 19, 1967. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr. Doyen. Southold Town Board of Appeals -~6- January 5, 1967 PUBLIC HEARING: Appeal No. 1014 - 9:00 ~.M,'~(E,S~T.)', Upon application of Fishers Island Union Chapel, Montauk Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 A, and Article III, Section 306, for permission to erect a church with excessive height and insufficient setback. Location of property: north east corner of'Crescent'Avenue and Montauk avenue, Fishers Island, New York, bounded north by West~End Land Co., east by School District, south by Montauk Avenue, west by Crescent Avenue. No fee required. The Chaiman opened the hearing byreading the applicatinn for a variance, legal notice of he-ring, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone presentwho wishes to speak in favor of this application? (There was no response.) T~E CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE Board discussed the application briefly. After investigation and inspection theBoard finds that the appellant requestpermission to build a church with excessive height and insufficient setback from the property line. The Board finds that the only part of the church which will exceed the maximum height permitted will be the steeple. The Board also finds that the lot drops off quickly to a low swampy area towards the back end of the property, thus making it impossible to locate the bualding the required number of feet from the property lineo The Board further finds there is a cem~ry located directly across the street from the site of the proposed new building. The Board finds that strict application of the Ordhance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared byall properties alike in~e immediate vicinity of this property and in the same use district; and thevariance does observe the spirit of the Ordinance and will not change the character of the distric t. Southold Town Board of Appeals -17- J~uary 5, 1966 On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED that Fishers Island Union Chapel,. Montauk Avenue, Fishers Island, New York, be granted permission to erect a church with excessive height and insuf~icientsetback~ from the property line as applied for on the application to~e Board of Appeals, application dated December 5, 1R6~. Vote of the Board : Ayes:~ - Mr. Hulse, Mr. Bergen, Mr. ~w~?.Grigonis, M~. Doyen. PUBLIC HEARING: Appeal No. 1015 - 9:05 P.'M.~'(E~S%T,~,. Upon application of George J. Berry, Willow Pond Lane, Southold, New York, for a special exception in accordance with the Zoning Ordimance, Article IV, Section 408, Subsection A & B, for permission to retain the following signs. 1} an on premises sign on the north side Main Road, Peconic, New York, bounded north by-Charles Slama, east by Charles $1mma, south by Main Road, west by Charles Slama; 2) an on premiseswall sign on the south s~e Hummell Avenue, Southold, New York, bounded north by Hummell Avenue, east by Boisseau Avenue, south by'Long Island Railroad, west by George R. Erath. The Chairman opened the hearing by raading the application for a special exception, legal notice of hearing, affidavit attesting~ to its publication in the official newspaper, and notice to the applicant. TPtE CHAIRMAN: Is there anyone presmnt-who wishes to spe~k in favor of this application? GEORGE BERRY: I want to speak in favor of it. THE CHAIRMAN: Is there anyone present who wishes to spaak against this application? (There was no response.) After investigation and inspection the Board finds that the appellant requests permission to retain an on premises sign on property located on the north side the Main Road~ Peconic. This sign if it was raised up three feet above ground level would make a blind~- spot when entering the Main Road. The appellant uses the garage on this property to store parts and fixtures used in his business. The Board also finds that the appellant requests permission to retain a wall sign on the building located on the south side Hummell Avenue, Southold. This sign is in lieu of a ground sign. Southold Town Board of'Appeals -18- January 5, 1967 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 subst~tially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr. Bergen~ it was -RESOLVED George J. Berry, Willow Pond Lanes Southold, New York, be granted permission to retain the following signs: ~ 1) an on premises sign on the north side Main Road, Pec~ic, New York; 2) an on premises wall sign on the south side Hummell Avenue, Southold, NeW York, as applied for on the~apptication to the Board'of Appeals, application dated December 104 1965~ subject to the following conditions: 1. Both signs shall be granted for one year only~ renewable annually upon written applicatiun to the Board of Appeals. 2. Both signs shall be subject to all subsequent changes in the Southold Town Zoning Ordinance as it applies to signs. 3. The wall sign on Hummell Avenue is granted in lieu of a ground sign at this same site. Veee of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Gr~gonis, Fir. Doyen. PUBLIC HEARING:~ Appeal No. 1016 - 9:15 P.M.~'(E.S.TJ), Upon application of Irving C. Wells, Legion Avenue~ Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection A, for permission to retain an off premises sign on the property of Peter Newell~ located on the east side of Main Road, Mattituck~ New York~ bounded north by H.S~ Wickham, east by Alice Boutkher'Est., south by Fay Kimbell, west by Main Road. Fee paid $5.00. The Chairman opened the hearing by reading the application forla special exception, legal notice of'hearing, affidavit attesting to its publication in the official newspaper, and notice tothe applicant. THE CHAIt~AN: Is there anyone present who wishes to speak in 99 favor of this sign~ (There was no response.) Southold Town Board of Ap~gals -19- January 5, 1967 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 appellant request permission to retain an off premises sign on the property of PeterNewell, Mattituck, New York, The Board finds that the appellant is a painter. The Board points out and refers to a policy set up by t~e Board in May 1958, which was to be used as a guide fo~ff premises signs. Said guide stated that the purpose of such a sign must be d~ctional in the public interest or convenience as distinguished from signs advertising the sale of products or merchandise. Signs advertising types of business which provice food, shelter, and amusement for the public are deemed~ the public:interest and convenience. .The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use ofneigb_borhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not-be observed. On motion by Far. Hulse, seconded by Mr. Grigonis, it was RESOLVED that Irving C. Wells, LegionAvenue, Mattituck, New York, be denied permission to retain an off premises sign on the property of Peter Newell, located on the east'side of Main Road, Mattituck, New York, as applied for onthe application to the Board of Appeals, application dated November 30, 1966. The sign must-be removed within thirty ~0) days from January ~19, 1967. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr. Doyen. The Board granted Mr. Cappa~ operator of the Sea Food Barge until April 1.,1967 in order-to make application~o rectify his sign violation, inview of the fact that he is at the present time hospitalized. 'Southotd Town Board of-Appeals -20- January 5, 1967 The Board discussed appeal number 1006, upon'application of Kyrillos Charalambides, 1550 Central Drive, Mattituck, New York. After~ investigationand inspection the Board finds that the appellant request permission toretain an accessorybuilding in the front yard area. More specifically the accessory building in question is a private~garage. The Board finds that the hardship involved in this case is a self imposed hardship. The appellant has an attached garage on the dwelling and he chose to incorporate this as part of the living space. It is the opinion ofthe Board that the appellant'created the hardship and a self imposed hardship can not be consider by this Board as a legal hardship. The Board finds that strict application'of the Ordira~ce will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be sharedby 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. Hulse, seconded by'Mr. Grigon-is, 'it was RESOLVED that Kyrillos Charat~mbides, 1550Central-Drive, Mattituek, New York, be denied permission to retain an accessory building in the front Yard azeaon?property located and descz3bed as lot ~ number'79 in Capt. Kid~ Estates, Mattituck, New York as applied for on the application,ltO~he Board of~ppeals, appi-ication-dated December 1, '19B~. This accessory building must be removed from the premises within sixty~ ~60) days from January 19, 1967. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. grigonis, Mr. Doyen. On motion by'Mr. Hulse~ seconded by Mr. Bergen, it was RESOLVED that ~the $outhold Town Board of Appeals set 7:30 P.M., i(E.S.T.), Thursday, January 19, 1967, at the Town Office, Main Road, Southold, New 'fork, as the time and place ofhearing upon application of Robert Auld, Mill Creek Drive and Meadow Lane, $outhold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback on a side street Location of property: southeast corner of Mill Southold ~Town Board of Appeals -21- January 5, 1967 Creek Drive and Meadow Lane, Southold, New York, bounded ncr th by Mill Creek'Drive, east by D. Pursell, south by Mill Creek, west by'Meadow Lane. Vote of the Board: Ayes: ~T.T. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:40 P.M.(E.S.T~)~ Thursday, January 19, 1967, at the Town'Office, Main Road, Southold, New York, as the time and place of hearing upon application ofEdwardAbitz, Mattituck, New York a/c Jo Richard Holmes, for a variance in accordance with the Zoni~~ Ordinance, article IV, Section 404, for permission to replace a non-conforming accessory building. Location of property: south side Mill Road, Mattituck, New York, bounded north'by'Mill Road, eastby Mill Road-Mattituck Creek, south by Mattituck Holding Co., west by Mattituck Holding Co. Vote of the Board: Ayes.;_ ALL On motion by Mr.'Grigonis, seconded by Mr. Doyen, it was RESOLVED that-the Southold Town Board of Appeals set 7:$0 P.M.~E.S.T&~% Thursday, January 19, 1967, at the Town Office Main Road,. Southold, New York, as the time and place ofhearing upon application oflKoke Bros. Garage, Inc., Traveler Street, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section~08, Subsection for permission to Y~ retain the following signs: 1) one on premises ground sign with insufficient'setback. Locationof pro- perty: south west-cornerof Traveler Street and ¥oungs AvenUe, South- old, New York, bounded north byTraveler Street, east by Youngs Avenue, south by Leictt-Terp, west by H.W. Prince. 2) one off premises road side sign located on the property 'of the applicant on the north side'Main Road, Southold, New York~ boundednorth by Long Island Railroad~ east by Leiblein Bros., south by biain Road, west'by Lieblein Bros. Vote of the Board: Ayes:- all On motion by Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED that the S~thold Town Board of Appeals set'8:00 P.M.(E.S.T.), Thursday, anuary 19, 1967, at the Town Office~ MainRoad, Southold, New ~ork, as the time andplace of hearing upon application of Reeve Lumber and Woodworking Coo~ Main Road, Mattituck~ ew York, for a special exception in accordance with Southold Town Board of Appeals -22- January 5, 1967 the Zoning Ordianance, Article IV, Section 408, Subsection ~), for permission to retain a side wall sign. Location of property: south side Main Road, Mattituck, New York, bounded north by M~n Road, east by Mattituck Library, south by H.R. Reeve, west by Anna Glover. VOTE OFThe Board: Ayes:- ALL On motion byMr..~ Doyen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M.(E.S.T.), Thursday, January 19, 1967, at the Town'Office, Main Road, Southold, New York, as the time and place of hearing upon application of Long Island Cauliflower'Assoc., Marcy Avenue, · ~r~f_Riverhead, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (b), for permission to retain a side wall sign. Location of. property: north side Middle Road, Southold, New York, bounded north by M. Dickerson, east by Youngs Avenue, south by Middle Road, west by Long Island Cauliflower Assoc. Vote of the Board: Ayes; - ALL On motion by Mr. Grig~is, seconded by Mr. Bergen, i t was RESOLVED That the Southold Town Board of Appeals set 8:20 P.M.~(E.S.T.), Thursday, January 19, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of'Long Island Cauliflower Dist., Inc., Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection ~) and (c)~ for permission to retain more than one wall or roof sign. Location of property: south side Main Road, Orient, New York, bounded north by Main Road, eastby-Carl Sabine, south by John DroskoSki Est., west by John Droskoski Est. Vote of the Board: Ayes: On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the South~ld Town Board of Appeals set 8~30 P.M.(E.S.T.)~ Thursday, January 19, 1967, at t~e Town Office, Main ~oad, Southold, New York, as the time and place of hearing upon application of Long Island Cauliflower Dist., Inc., Horton Lane, Southold New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection ~c) for pemmission to retain a roof sign. Location of property: west side Horton Lane, Southold, New York, bounded W & J'Conway, east Southold TOwn Board of;Appeals -23- January 5, 1967 east by Horton Lane, south by Sarah Guest~Rakowicz, west.by Henry Jennings. Voee of the Board: Ayes: - ALL On motion by'Mr. Hulse, seconded by Mr. Doyen, it-was RESOLVED that the Southold Town Board of Appeals set 8:40 P.M. (E. ST.), Thursday, January 18, 1967, at the Town Office, Main Road, Southo~d, New York, as the time and placeof hearing upon application of Marian Council Knights ofColumbus, Cutchogue, New York, for a special ex~ption in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, f= permission to retain an off premises road side sign.on the property of~Magdalene Elak, located on the sou~ side Main Road, Cutchogue, New York, bounded north by Main Road, east by SL Dickerson, south by' New Suffolk Avenue, west by Dist. Line. Vote of the Board: Ayes:- ALL On motion by bit. Doyen, sedonded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:50 P.M.'.(E.S.T.),' Thursday, January 19, 1967, at the Town Offiee Main Road, Southold, New York, as the time and place of hearing upon application of Theodore Klos, Main Road, Peconic, New York~ for a special exception in accordance with the Zoning Ordinance, Article Iv, Section 408, Subsection ~), for permission to retain a side wall sign. Location ofproperty: south side Main Road, Peconic, New York, bounded north by Main Road, east'byM.~ Konarski, south by-E. HOrton, west by E. Horton. Vote of the Board: Ayes:- ALL On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set9:00 P.M. (E.S.T~ Thursday, January 19~ 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing~ u~onapplication of St. Ag~es R.C&..Church~ Front Street~ Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for permission to retain the followi~f premises road signs: 1) sign located on the north side ~ Road~ Greeport, New York, bounded northby F.H.'S.' Land and Development'Co~p., east by Benson Telsey, south by North Road, west by Benson Telsey- Property of The Village of Greenport; 2) a sign located on the Southold Town Board of ~ppeals -24- January 5, 1967 on the west side Main Road, Greenport, New York, bounded north by Milton Renick-Others, eastby Main Road, south by Albertson Lane, west by A. Corzaaini-E.-Delay. Vote of the Board: Ayes:-~ALL On motion by bit. Doyen, seconded by bit. H~lse, it was RESOLVED that the Southold Town Board of Appeals set 9:10 P.M..(E.S.T.)~ ~ Thursday, January 19, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Mattituck Merchants Assoc., Love Lane, and Pike Street, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for permission to retain the following signs:l) one road side sign south side County Highway 27, Mattituck, New York, bounded north by'CountyHighway 27, east by'Clara Reeve Sub., south by Martin Sider, west by Westphalia Road; 2) one directional sign located on the ~ storage tank at'Mattituck Braakwater, Mattituck, New York, bounded north by Breakwater, east by Mat~ituck Inlet, south by B. Kaplan and Others, west by Luthers Road; 3) a sign located on the south side Main Road, Laurel, New York, bounded north~by'Main Road, east by'Frank Murphy, south by'Old Main Road-Nawrocki, west by Shell Oil Co. vote of the Board: Ayes:- ALL On motion by'Mr. Hulse, seconded by Mr. Grigor~, it was RESOLVED that the Southold Town Board of' Appeals set-9:15 P.M.(E~S.T.), Thursday~ January 19, 1967, at Re ToWn'Office, Main Road, Southold, New York, ~x~, as ~the time and-place of hearing upon application of Frohnhoefer'Electric Co.~ Inc~, Main Road, SoUtheld, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, SeCtion '408 Subsection (a), for permission to retain more than one ground sing with insufficient setback. Location of ~roperty: south side Main Street, Southold, New York, bounded north by Main Road, east by Socony-Vacuum-Purcell, south by'Charles Turner, west by D.A. Rotham. Vote of the board: Ayes: - ALL On motion by Mr. Grigonis, seconded by Mr. Doyen, it as RESOLVED that the Southold Town Board of Appeals set 9:20 Southold Town Board of Appeals -25- January 19, 1967 P.M. (E.S.~.~, Thursday, January 19, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon~pplication of'Steve J. Doro~ki, Middle Road, Southold~ New York, for a special exception in accordance with the Zon~ Ordinance, Article IV, Section 408, Subsection ~), for permission to retain an on premises side wall sign. Location of property: south side Middle Road, Southold, New York, bounded north by MiddleeRoad, east by Bower'Lane, south by Railroad, west by Gerald Case. Vote of the Board: Ayes:- ALL On motion by Mr. Grigor~s, seconded by Mr. Doyen, i t was RESOLVED that the Southold Town Board ofAppeals Het 9:30 P.M.(E.S.T.), Thursday, January 19, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Ernest G. Radford, Main Road, (rt. 25), East Marion, New York, for a special exception in accordance with the ZOning Ordinance, Artic3s IV, Section 408, Subsection (a), for permission to retain two grounds signs on premises with insuf~oient setback and one with insufficient height from g~ound ~ vel. Location of property: south side Main Road, Rt 25, East Marion, New York, bounded north byMain Road, east byW. W. Washburn-Gardner, south by lake, west by Brooks- Brown. Vote of the Board:- Ayes:- ALL On motion by M_r~ Grigonis, seconded by Mr. Hulse, it was RESter-ED that the Southold Town Board of Appeals set 9:35 P.M. (E.'S.T.), Thursday, January 19, 1967, at the Town Office, Main Road, Southold, New York, as the t~me and place of he~ing uponapplication of Ernest G. Radford, Main Road~ East Marion, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for permission to retain the following signs: 1) a sign on the property of Armaroy, Inc., located on the north side Main Road, East Marion, New York, bounded north by Long Island Sound~ east by A. Bitten, south by Main Road, west by S. Rutkowski; 2) a sign on the property of Lester & Toner, located on the south side Main Road~ Greenport, New York, bounded north by Main Road, east by R.L. Davids, south by Vernon Vail, west by Main Street; 3) a sign on theproperty of A. Straussner, located on the north side Main Road, Greenport, New York, bounded north by J. Brandi, east by'A. Straussner, south by Main Road, west by Kzsyminski. Vote of the Board: Ayes;- ALL Southold Town Board of Appeals -26- 5 January ~r~, 1967 On motion by Mr. Bergen, seconded by.Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 9:45 P.M.(E.S.T), Thursday, January 19, 1967, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Frank Murphy, Main Road, Mattituck, New ¥ork~ for a special exception in accordance with the Zoning O~dinan~, Article III, Section 300, Subsection ~,8, for permission to retain an on premises ground sign with insufficient setback and height from ground level. Location ofproperty: south side Main Road, Mattituck, New York, bounded north byMain Road, east by Old Road, south by'Old Road, west by~.& E. Murphy. Vote of the Board: Ayes:- On motion by Mr. Hulse~ seconded by Mr. Grig~nis, it was RESOLVED that the Southold Town Board of Appeals set 9:50 P.M..CE.S.T~ Thursday, Janaury ~9~Lk~ 19~ 1967, at the Town Office, Main Road, Southold, New Yor~, as the time and place of hearing upon application of Sun Oil Company, Ocenaside, New York, a/c'Sunoco Service Station, West Front Street, Greenport New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection for permission to retain a pole sign with insufficient setback from the property:line. Location of property: north side Route~25, Greenport, New York~ bounded north by Village Property, east by FrankTownSend, south by Main Road, Crt 25), west by Clifford Benjan~. Vote of the Board: Ayes:-~L On motion by Mr. Hulse, seconded by Mr. Bergen~ itwas RESOLVED that the minutes of the Southold Town Boa~d of Appeals dated December 15, 196~, be approved as ~ submitted. Vote of the Board: Ayes:- Mr. Hulse, Mr. Bergen, Mr. Grigonis, Mr. Doyen. The next meeting cf the Southold ToWn Board of Appeals will ~&~e~eeting was ad3ourned at 10:00 P.M.' ~espeetfully submitted, ~ . Barbara C. Dittmann, Secretary Southo!d_Town Board of Appeals