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HomeMy WebLinkAboutZBA-10/06/1966 Southold Town Board Appeals SOUT.O- ); '. Telephone SO 5-9660 APPEAL BOARD MEMBERS Robert V~'. Gillispie, Jr, ChaJrm~n Robert Bergen Charles GreBonis, Jr. SerBe Doyen, Jr. Fred Hulse, MINUTES SOUTHOLD TOWN BOARD OF APPEALS October 6, 1966 A regular meeting of the Southold Town Board of Appeals was held on October-6, 1966, at 7:30 P.M., at the Town Office~ Main Road, Southold, New York. There were present: Messrs: RobertW. Gillispie, Jr., Chairman; Robert Bergen~ Fred Hulse, Jr., Serge Doyen, Jr. Absent: Mr. Charles Grigonis. PUBLIC bT~.~RING: Appeal No. 969 - 7:30 P.M.'(E,D,S.T.'), upon application of Sterling Harbor"~ipyard, Inc., Manhanset. Avenue, Greenport, New York,~ for a variance in~accordancewith The Zoning Ordinance, Article IV, Section 404 or 405~ forpermission to construct a boat storage building with insufficient setback~rom the propertyline. Location of property: west side Manhanset Avenue, Gr~enport, New York, bounded north by'Creek, east by Manhanset~venue, south by St. Agnes Cemetery~ westb~ Corp.. Line. Fee paid $5.00. The Chairman opened'%~the hearing by.reading the application for a~ariance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. $outhold Town Board of Appeals -2- October 6~ 1966 THE CHAVRMAN: Is there anyone present whowishes to speak in .favor of this application? RUSSELL MUFF: What more can I say except that unless we can get-the building as described we won't beable to get the machine through there. THE CHAIRMAN:(~ointing to photograph) This is not bulkheaded? MR. MUFF: That is correct. THE CHAIRMAN: You dug this out when the marina was built? MR. MUFF: Yes. MR. HULSE: How far-is the existing building from the road? MR. MUFF: Twenty five feet. MR. HULSE: How far from t~e property line? MR. MUFF: It varies. THE CHAIRMAN: This is a self imposed hardship. You bought this property with your eyes open. There is no way we can consider a hardship that is self made. (The Board and Mr. Muff discussed alternative locations on the property for the proposed building.) THE CHAIRMAN: We can not grant this 10 feet from the prop~y line. You have a business area in a residential zone. MR.' MUFF: Across the streetthere is business property. THE CHAIRMAN: Who owns the property across the street? MR.~MUFF: Robert'Preston. THECHAIRMAN: Are you sure that is zoned business? MR. MUFF: I quote him. THE CHAIRMAN:Is there anything else you would like to say? MR. MUFF: Nothing I can think of off hand. I have considered all the angles there. Southold Town Board of Appeals -3- October 6~ 1966 THECHAIRMAN: Is there anyone else 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 Board finds that the appellant request permission to construct a boat storage building ten feet from the property line. The Board finds that the proposed building is to be 60 feet by 100 feet located on the east side of the Sterling Harbor Shipyard-property. The hardship involved here was inherited with the property when the appellant purchased the property. The Board finds that Manhanset Avenue is used as a road between the Main Road and the residential property to the south east. There is no way the Board of Appeals can con- sider a variance in this situation. The Board finds that strict application Of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not-unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use d~trict; and the variance does not observe the spirit of the Ordinance and will change the character of this district. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Sterling Harbor Shipyard, Inc., Manhanset Avenue, Greenport, New York, be denied permission to construct a boat storage building with insufficient setback from the property line on property located on the west side of Manhanset Avenue, Greenport~ New Yor~. This application is denied without predjudice to any future application. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse~ Mr. Doyen~ Southold Town Board of Appeals --4- October 6, 1966 PUBLIC HEARING: Appeal No. 970 - 7:40 P.'M.'~(E.D.$,T.), Upon application of Walter Kessler, Maple Lane, Mattituck, New York, a/cWilfred and~Anna Corwin, Pacific Street, Mattituck, New York, fora variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to construct a garage with insufficientsetback from the property line. Location of property: south east corner~of~Center Street and Marratooka Road, Matttituck, New York, bounded north by Center'Street, east by~Walter Gaver, south by Wi Corwin, w-~st by Marratooka Lane. Fee paid $5.00. The Chairman opened the heazing byreading the application for a variance, legal notice of hearing~ affidaivt attesting to its publication in the official newspaper, and notice to the appellant. THE CHAIRMAN: Is there anynne present who wishes to speak for this application? ~R KESSLER.: The garage has to be located this ~ay be~a_~se ofthe~mm3~ cesspool. THE CHAIRMAN: What do you mean When you say the lot is really two lots. HALTER KESSLER: It has 150 foot frontage on Marratooka Road and it has been divided. THE CHAIRMAN: What is the width of each lot? WALTER KESSLER: 75 feet by~ 165 feet something like that. This is unique because of the corner. THE CHAIRMAN: You want to put the garage 25 feet from Center Street? W~LTER'KESSLER: The garage will be nineteen feet from Center Street. THE HHAIRFa%N: Is there anyone else 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.) Southold Town Board of Appeals -5- October 6~ 1966 After investigation andinspection the Board finds that the appellant request permission to erect a detached garage with insufficient setback from the front property line. The Board finds that ~the property in question is located on the corner of two streets~ Marratooka Road and Center Street. The Board finds that the garage will be setback 19 feet from. Center Street. The original structure on the property is also set back 19 feet from Center'Street. The proposed garage will be in line with the established setback. The Board finds that there is 42 feet between the garage and the existing house. The Board finds further that the proposed lOcation for the propssed garage is the best possible location for the garage on the property. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by M_~Bergen, seconded by Mr. Gillis~ie, it ~as RESOLVED Walter Kessler, Maple Lane, Matt~tuck, New York, a/c Wilfred and Anna Corwin, Pacific Street, Mattituck, New "York,' be granted permission to construct a garage with insufficient setback from the front property line on property located on the south east corner of'Center Street and Marratooka Road, Mattituck, New York, subject to the following condition: 1. The garage doors must face west so that-the appellant will n~back out-onto Center Road. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Hulse,Mr. Doyen. PUBLIC ~RING: Appeal No. 972 - 8:00 PjM~'~D2S.T.)~ Upon application of Floyd F. King, Jr., 525 King Street, Orient, New YOrk, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to divide property with insufficient area. Location of property: south east corner of Fletch~r~Street and Village Lane, Orient, New York, bounded north by Fletcher Street~ east and south by Margaret E. Henriksen, west byVillage Lane. Fee paid $5.00. Southold Town Board of Appeals -6- October 6, 1966 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidaivt attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to ~speak for this application? FLOYD F. KING. JR.: My statement is there. There is nothing more I can add. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board fmds that the appellant requests permission to divide property creating two lots, one to be undersized. One lot will be 11,000 square feet, the second lot will be 14~,790 square feet. If the property was to be divided in~o-two~%~ts with at least 12,500 square feet, the owner of the parcel with the garage on it would be unable to have enough clearance to get his car in and out of the garage. There is presently a house on each of the lots to be created and these two dwellings will retain the same status as one family dwellings. The dwellings on this property have been in existence for over 50 years and the division of the property will ~n no way change the character of the neighborhood. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not he.shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spriit of the Ordinance,and will not change the character of the neighborhood. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that Floyd F. ~ing, ~r., 525 King Street, Orient, New York, be granted~permission to ~ivide property wSth insuffi~iRnt area on property located on the south east corner of Fletcher Street and Village Lane, Orient, New York. Vote of the Board: Ayes:- Fir. Gillispie, Mr. Bergen, Mr. Hutse, Mr. Doyen. Southold Town Board of Appeals -7- October 6, 1966 PUBLIC HEARING: Appeal No. 971 - 7:50 P.M.~E.D.S.T.), Upon application of Joseph Diaz, Greenport, New York, a/c Rudolph Wingerter, Bay Avenue, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section ~00, Subsection 6, for permission to construct an accessory building in the side yard area. Location of property: west side.Bay Avenue, East Marion, New Yor~, bounded north by J. Miskalis, east by Bay Avenue, south by P. Karas, west by R.C. Dean. Fee paid $5.00. TheChairman opened thehearing by reading~he application fora variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch of the property. The original owner of the property constructed the first structure two feet from the rear yard line. This particular garage will be 85 feet from Bay Avenue. The present front yard setback of the main house is 75 feet. Is there anyone present who wishes to speak for this application? JOSEPH DIAZ: It has all been said. THE CHAIRMAN~ Is there anyone present who wishes to speak against this application? (There was no response.~ After investigation and inspecti~nthe Board finds that the appellant request permission to construct a detached garage in the side yard area. The Board finds that the main dwelling is set back on the rear of the property leaving no rear yard on the premises, thus making it necessary to construct the garage in the side yard area. The Board finds that the,;prope~ty in question is the only lot.on the block with no rear yard at all. The Board finds that .the propssed garage will be setback 85 feet from the front property line, 18 feet from the side property line, and 15 feet from the rear property line. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the ordinance and' will not change the character.of the neighborhood. Southold Town Board of At, reals -8- October 6, 1966 On motion by Mr. Giltispie, seconded by F~. Hutse, it was RESOLVED that Joseph Diaz, Greenport, New York, a/c Rudolph Wingert~r, Bay Avenue, East ~rion, New York, be granted permission to construct a private detached garage in the side'yard area. Location of property: west side Bay Avenue, East~Marion, New York. Vote of the Board: Ayes:-- Mr. Gillispie,.Fir. Bergen, Mr. Hulse, Mr. Doyen. PUBLIC HEARING: A~eal No. 973 - 8:10 PoM. CE.D.S.T.)~ Upon application of Gordon K. Ahlers, Manor'Lane, jamesport, New York, a/c Joseph R. Cabaret, 860 W. ~lain Street, Riverhead, New York, for a specialexception in-accordance with the Zoning Ordinance, Article III, Section 300, Subsection Cb}, for permission to construct a two family dwelling. Location of property: west side Ole Jule Lane, Mattituck, New York, bounded north by Van Duren~ east by Ole Jule Lane, south by Semmerling, west by Peconic Bay. Fee paid $5.00. The Chairman opened the hearing by redding the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? GORDON K. AP~RS: I represent the cabaret family. I can't say anymore than I have said in the application. TheCabar~t family states that they are willing to make any agreement that is necessary, such as, they will not sell the house as a two family house. If either the father or son dies they will revert to a one family status. They are willing to do anything to get this cleared with you. They are willing to leave0ut one kitchen, and have the one kitchen for both ramies. THE CHAIRMAN: The two family home involves two kitchens. I think it gets down to sto~es and sometimes separate entrances. In some cases where hardship is concerned, heart'trouble, or personal hardship we have granted two family dwellings, and said when the hardship ceases to exist, the permission would cease to exist. You don't have to come in here at all for-a residence or structure that has only one ~itchen for two famil~s. Southold Town Board of Appeals -9- October 6,1966 .GORDON K..AHLERS: We have tried to be as honest as possible on this. THE CHAIRMAN:. You always zun into objections to a two family residence in some areas. The new zoning ordinance that will be adopted by the Town has an entire section devoted to cluster housing..One of the provisions'of the Ordinance is that you have 25,000 square feet of land area, and you have.thatrhere. Id there any hardship of any kind involved here? GORDON K. AHLERS: There is no hardship involved, no physical hardship or anything like that. The f~uily would like to live together. ~The boy has been away from home alot. He was in california and has brought his wife back with him. TME CHAIRMAN: The hardship would lie in the separation of the family. GORDON K. ~S: I understand there is a mistake in the map that I have here. Semmerling doesn't adjoin this property on the south. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? JAMES OLSEN~ OLSENREALTY: I do. THE CHAIRMAN: Do you iive near this property? JAMES OLSEN: I am the broker. THE CHAIRMAN: Forwhom? JAMES 0LSEN: For the seller. According to the zoning ordinance, net only does it require 25,000 square feet, but it also requires 200 foot frontage. THE CHAIRMAN: Are you speaking for oragainst the application? JkME$ OLSEN: For it. I would like to see that~house go in there. I ha~n to know that Mr. Cabaret, Jr. is away alot of the time. Th~s is one of the reasons they want to live together. THE CHAIRMAN: Is there anyone else present who wishes to speak forthis application? ~There was no response.} Southold ~own Board of Appeals -18- October 6~ 1966 · THE CHAIRMAN: Is there anyone present.who wishes to speak against this application? MR. DOUBRAVA~- I own the property across the street from this. The main objection we have, we bought this property with one family homes. I don't object to the genttemen~ living with his son. What I object to is the-leaving of a two f~zily dwelling when this man decides to sell the house. THE CHAIRMAN: Anyone else? FRED $IEMERLING: I would like to repea~ Mr. Doubrava. THE CHAIRMAN: Anyone else wish to be heard? CLAUDE DAVIS: I feel the same as the others. THE CHAIRMAN: In what way do you feel it would change the character of the neighborhood~ CLAUDE DAVIS: There is nothing to prevent him from selling this as a two family dwelling. ~e could put it in writing, but it-might n0~hold up in court. THECHAIRMAN: Is there anyone else? MR. DOUBRAVA: We were discussing this in the hall. If they could put some clause in there where it could not be sold as a two family house, we would not object. ~ . u der THE CHAIRMAN: A two family house is permitted ~ the condition that I read to you. There is a long list 'of other considerations in granting a special exception. ~R. HULSE: I think Mr. Ahlers could draw this to a close. If they want to use the same kitchen it will be a one family dwelling. THE CHAIRMAN: How much of a hardship would that be, to use the same ~kitchen? GORDON K. APILERS: That wouldn't be any hardship at .all. MR. HULSE: If they are willing to have one kitchen there is no reason to continue this hearing. Southold Town Board of Appeals -11- October 6, 1966 THE CHAIRMAN: If there is nothing further I will close the hearing at this time. After investigation and inspection the Board finds that the appellant request permission to construct a two family dwelling~ The Board finds that the appellant has sufficient land area for the construction of saiddwelling. However, Be Board finds that the proposed location of this proposed two family dwelling is in an~ area. devoted ~to one family dwellings. Gordon K. Ahlers, representing the~Cabaret family stated at the hearing that the family would be willing to use only one kitchen. This ~would make the dwelling a one family dwelling, and no application would have to be made to theBoard of Appeals. The appellant may build the proposed honse with only one kitchen. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the har~dship created is not unique and would be shared by all properties alike in the immediate vicinityof this property and in the~ same use district; 'and the variance does not observe the spirit o£ the Ordinance and will change 'the character of the district. On motion.by Mr. Gillispi~, seconded by Mr. Hulse, it was RESOLVED that Gordon K. AP~.RRS~ Manor Lane, Jamesport, New-York, a/c Joseph R..Cabaret~ 860 W. Main~Street, Riverhead, New York, be denied permission to construct a two family dwelling~on property located on the west side of~Ole Juls La~e, Mattituck, New York. .Vote of the Board: Ayes:- Fir. Gillispie, ~lr, Bergen, Fir. Hu'lse,. Mr.~Doyen. .PUBLIC HEARING: Appeal No. 974 - 8:25 P,M.(E.D.S.T.)., Upon application of Allen S. D~r~e, Peconic Bay Blvd., Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to construct an addition with insufficient side yard area. Location of property: lot number 11 and thr~e feet of lot number 12 in Edgemere Park Subdivision, Laurel~ New York. Fee paid $5.00. The chairman opened the hearing by reading the ~plication for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and ~tice to the applicant. Southold ~own Board of Appeals -12- October 6~ 1966 Mr.' Dawe moved that his name in the legal notice be corrected to read "Dawe" instead of "Dowe': THE CHAIE: Is there anyone present who wishes to speak for this application? Fir. Dawe was present, however, he had nothing further to add to the application. THE CPIAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) The Chairman explained the proposed alterations to the present house and garage. THE CHAIRMAN: One other important point, there isa common water supply in the subdivision. MR. DAWE: The wells are on higher ground. Each person in the subdivision has there well at this place. THE CHA//~4AN: Is there anything further ? (There was no response.) After investigation and inspection the Board f~ds that the appellant request permission to construct~an addition to an existing dwelling and existing garage with insufficient side yard. The house was built on the lot leaving a very small side yard. The Board finds that the lot in question has a frontage of only 58 feet. The proposed addition to the house will in no way change the character of the neighborhood. The Board finds that~strict application to the ~Or~inance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared byall properties alike in the immeidate 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 -13- October 6, 1966 On-motion by Mr. Gillispie, seconded by Mr. Hulse~ it was RESOLVED that Allen S. Dawe, Peconic Bay Blvd., Laurel, New York~ be granted permission to construct an addition to an existing dwelling and an existing garage with insufficientside yard area on property located on the lot number 11 and three feet oflot number 12 in Edgemere Park Subdivision~ Laurel, New Y~rk. Construction must be started within one year. Vote of theBoard: Ayes:-Mr. Gillispie~ Mr. Bergen, Mr. Hulse~-Hr. D~yen. PUBLIC HEARING: Appeal No. 975 - 8:40 P.M.(E.D.S.~.), Upon application of'Crescent Beach Motel, Inc., North Road, East Marion, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 380, Subsection 10, for per- mission to retain the following signs: 1) one directional sign on the property of Dawn Estates Builders Corp., located on the south side of the North Road, East Marion, New York, bounded north by North Road,. east byMaple Lane, south by~ Dawn Estates Builders, Corp.~ west-by John Ricapito and Chas. King; 2) one directional sign on the property of A. Straussner, located on the north sideof Main Road, TrafficlCircle, Greenport, New York, bounded north by Joseph Brandi, east by ~ound Avenue; south by Main Road, west' by A. Straussner; 3) one directional sign on the property of Steve Doroski, located on the south side of North ROad, Southold, New York, bounded north by North Road, east by Bowery'Lane, 'south by Railroad, west~by Gerald Case. Fee paid $5.00. The Chairman opened thehearing byreading the application for a special exception~legal notice of hearing, affidaivt attesting to its publication in theofficial-.newspaPer~ and n~ice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? JAMES KAVANAGH: I speak for Crescent Beach Motel. The first sign was part of my .contract. That is as muCh a partof my property as the motel property. THE CHAIRMAN: We allow directional signs for motels. Starting with the number one sign, did you have a permit for that? JAMES KAVANAGH: The sign was there when I bought the property. Southold Town Board of Appeals -14- October 6~ 1966 THE CHAIRMAN: That sign is oversize. You are permitted a four foot by six foot sign. The number two sign, you are permitted a sign there and I presume the reason you got the v/~lation ..... . ..... JAMES KAVANAGH: A part of my sign is direCt~on top of' Dawn Estates Sign and I was told ~3~ until that~was settled to hold off. - THE CHAIRMAN: Sign number three is eight feet byfour feet on Steve Doroski's property? JAMES KAVANAGH: Yes. When I got the notice on t/rs sign _ he said he would~g~ve me a letter but the road would be changed. But now I understand there is a delay on this rDad. Temporarily I would like to have this sign. I can get a letter fromSteve Doroski. THE CHAIRMAN: The sign is too big. You can leave it there untiI January 1,1967 in view of the special eircumstances. JAMES KAVANAGH: Can I get'another extension of time on January 17 THE CHAIRMAN: No. This Other sign do you need it? JAMES EAVANAGH: Where my sign is now, I am going to have a lighted sign if possilbe and it owould be smaller than that/ THE CHAIRMAN: You may have a doubled face sign. JAMES KAVANAGH: Just where the sign is going to be, I don~t know. I would like to leave it there at least until next season. I don't kn ow where the sign is going to be located. The fact that they are changing the property around I don't know where the sign is going to be. I will have to move it twice. CHAIRMAN: You will have to work it out with them. JAMES KAVANAGH: When I put'a new one intthere, ~ was going to have a different t~pe of sign~ an illuminated sign. THE CHAIRMAN: You have a situation here which is denied to everyone else in the Town. You have two oversize signs and you have four signs all together, two of which need permits. They existed when you bought the place. How long has the motel been in this location? Southold Town Board of Appeals -15- October 6.; 1966 JAMES KAVANAGH: The motel has been there for twelve years. THE CHAIRMAN: It was there before Zoning went into effect. You will have ~tQ comply on the number one sign and you will have to comply on the number three sign and the sign hanging on the post has no permit, at'all and in our opinion is not necessary. You can't have two signs at the entrance to the property. One sign, single or double face, neon if you w~nt. .JAMES KAVANAGH: If I cut the frame off that sign it will be ~our feet by six'~eet. THE CHAIRMAN: You have two signs 100 feet apart-and a third sign at Greenport. Two signs are too many'at one entrance. If you want to put the sign down the road ~c~mm some place you may. You will have sixty 4ays to comply on the entrance sign and until January 1~ 1967 on the sign on theproperty ofSteve Doroski. Is the~e anyone present who wishes to speak against this application? JAMES OLSEN: I live around the corner from sign number two. would like to see all the signs cleaned out of there. THE CHAIRMAN,: IS there anyone else? (There was no response.) After investig~ion and inspection the Board finds that the appellant request permission, to r~tain directional signs for his motel operation. One sign at the entrance to the motel is per- mitted. The existing pole sign must be removed. This can be erected at~k~ another site further east if the applicant so desires. The sign at the entrance to the motel is on the property of Dawn Estates Builders Corp. Said property owners have given written consentfor the sign on their property. The second sign requested is a directional sign on the property of A. Straussner, Main Road, Greenport. Said property owner has given permission for thelocation of the sign. A third sign is located on the property of Steve Doroski. No letter of consent is on file for this signt however, the appellant states he may obtain a letter of permission. This sign will have to be reduced in Size by qanuary 1, 1967. An extension of time to comply on ~ ~ign is given ~ecause neither the appellant nor the Board of Appeal~at the future of the North Road is at this location. All the signs are oversize andmust be reduced in size. The Board points out that directic~.al signs for a motel operation are in the interest'of the travelling Dublic. $outhold Town Board of'Appeals -16- October 6, 1966 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of theOrdinance will be observed. On motion by'Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that-Crescent Beach Motel, Inc., North Road~ East Mariun, New York, be grantedppermission to retain the following signs: 1) O~IE sign on the property of Dawn Estates Builders Corp., located on the south side of the North Road, East Marion, New York; 2) one directional sign on the property of A. Straussner, located on the north side of Main Road, Traffic'Circle, Greenport, New York; 3) one directional sign on the property of Steve Doroski, located on the south side North Road,-Southold, New York. This perm~sion is granted subject to the following conditions: 1. Ail signs are granted for one year, renewable annually upon written application to the Board of Appeals. 2. All signs shall be subject to all subsequent changes in the Southold Town Zoning Ordinance as it applies to signs. 3. All signs shall be no larger than four (4) feet by six (6) feet, or 24 square feet. 4. Ail signs shall be located at least five (5) feet from any property line, or highway line. 5. Ail signs shall be located at'least three (3) feet above ground level. 6. The pole sign on the property of Dawn Estates Builders Corp., must be removed. 7. The directiunal sign on the property ofSteve Doroski must comply with the above provisions by January 1~ 1967. other 8. Ai1/~igns in violation must comply with the above provisions by December 6, 1966. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen, Mr. Hulse, Mr. Doyen. Southold Town Board of AppealS -17- October 6, 1966 PUBLIC HEAR~qG: Appeal No. 976 - 9:00 P.M.,(E.D.$.T.), Upon application of ~1 Br~s.,. Inc., Main Road, and Peconic Lane, Peconic, New york, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a), for permission to erect a ground sign that exceeds the maximim height permitted. Location of ~roperty: north east corner of Main Road and Peconic Lane, Peconic, New Y6rk, bOunded north b~nd easf by'L. Gozelski, south by Main Road, west by Peconic Lane. Fee paid $5.00. The Chairman opened the hearing by reading the applicatinn for a special exception, legal notice of hearing, affidavit attesting to its p~301ication in the official newspaper, and no~ce to the applicant. THE CHAIRMAN: The sketch indicates this sign will be located in the center of the parking lot, 20 feet in height overall. It .is necessary to have the sign this high to ~w clear trucks because of the type of use this property is being put to. The sign is less than'~-81 square feet. 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? :.CThere was no response.) After investigation and inspection the Board finds that the appellant requests permission to erect a sign exceeding the maximum height:permitted by the Southold Town Zoning Ordinance. The Board finds that this sign in question is less than the 81 square feet permitted for a ground sign in a "B" Business District. The sign is higher than permitted by ~the Zoning Ordinance because of the type of operation conducted on the 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. Gillispie, seconded by Mr. Bergen, it was Southold Town Board of Appeals -18- October 6, 1966 RESOLVED that Vail Bros., Inc., Main Road and Peconic'Lane, Peconic~ New York, be granted-permission to erect a ground.sign that exceeds the maximum heightpermitted by the Zoning Ordinance. Location of property: north east corner of Hain Road and Peconic Lane, Peconic, New York. This permission ~s granted subject to the following conditions: 1. The sign shall be located at least five ~) feet from any property line or highway line. 2. The appellant agrees to remove~ the flags presently d~played all over the property. These are advertising devices .not necessary, nor permitted by the Zoning Ordinance. VOte of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Doyen. PUBLIC ~.~RING: Appeal No. 977 - 9:10 P.M~.(E.D.S.'T.)~ Upon application Of BernardKaptan, 220 Edgewood Avenue, Smithtown, New ¥ork, for a special exception in accordance with the Zoning Ordinance, ~rticle III,.-Section 300~ Subsection 9, for;permission to retain a subdivision identification sign. Location of property: south side North Road, East Marion, New York, bounded north by North Road, east by Maple Lane, south byDawn Estates Builders Corp., west by John Recapito and Chas.. King. Fee paid $5.00. The Chairman openedthe hearing byreading the application for a special exception, legal notice ofhearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CFa~IRMAN: Is there anyor~present who wishes to speak for this application? BERNARD KAPLAN: I am the petitioner. This was a sign that existed prior to~/~ our acquistion of the property. T~E CHAIRMAN: This sign is in excess of'~the permitted size. It is eight feet by-~rwelve feet. BERNARD KAPLAN: The sign was there before the Zoning Ordinance. THE CHAIRMAN: That doesn't make any difference. The property that the sign is located on is not part of the subdivision is that correct? Southold Town Board of Appeals -19- October 6, 1986 MR. KAPLAN: That is correct. 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 retain a subdivision identification sign. This sign is not located on the sub- division property, however, it is on other property of the appellant. The Board finds thatthis subdivision sign is necessary in view of the fact that the subdiv~on is located offthe Main Highway. The subdivision in question is Cleaves Point. The BOard finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit"of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED That Bernard Kaplan, 220 Edgewood Avenue, Smithtown, New York,'be granted pe~fmission to retain a subdivision identification sign on property located'on the south side of the North Road, East~Marion, New York, subject, however, to the following conditions: 1. The sign shall be granted forone year only, renewable annually upon written application to the Board of Appeals. 2. The sign shall be subject to all subsequent changes in the SoutholdTown Building Zone Ordinance as it applies to signs. 3. The sign shall be no larger than four feet by six feet or 24 square feet. 4. The sign shall be located at least five (5) feet from any property line or highway line. 5. The sign shall be loca~d at least three (3) feet above ground ~ level. 6. The sign shall comply to the above provisions by'December 6, 1966. Vote of the Board: Ayes:- Mr. Gillispie~ Fir. Bergen, Mr. Hulse, Mr. Doyen. e , e Southold Town Board of Appeals -20- October 6, 1966 Al~etter was written to G. HarveyMoore, Kirby Lane, Jamesport, New York, in regard to the redivision of his property located on Peconic Bay Blvd., Laurel, New York. Copy of said letter is on file in the Office of the Board of Appeals. A letter was written to Supervisor'Lester M. Albertson in regard to Article III~ Section 300, Subsection ~i) of the Southold Town Building Zone Ordinance. Copy of said letter is on file in the Office of the Board of Appeals. 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.'Tj), Thursday~ October 20, 1966, at the Town Office, Main Road,-Southold, New York, as the time and place of hearing upon application~of Lester Oldford, 200 Hickc~Road, Southold, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 307~. for permission to divide property with an insufficient side yard for an existing building. Location of property: east s/de Hickory Road, Southold, New York~ bounded north~by'A.P. Martin, east by S.'B. Fischer'Estate, south by J. Kirincic, west by Hickory Road. Vote of the Board: Ayees: ALL On motion by Mr. Bergen~ seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board or'Appeals set~7:40 P.M., (E.D~S'%'~), Thu'rsday, October 20, 1966, at the Town-Office, Main Road, Southold, New York, as the time and place of hearing upnn application ofRosemary Gagen, Front Street~ Greenport, New York, for a variance in accordance with the Zoning Ordinance, ArtiCle III, Section 303, Article X, Section 1000A, for permission to divide property withinsufficient area and frontage. Location of property: south side Front. Street, Greenport,New York, bounded north by Front Street~ East bY Ernest-F. Richter~ south by H. Singleton- Atwell~ west by Charles Magoey. Vote of the Board: Ayes:- Southold Town Board of Appeals -21-- October 6, 1966 On motion by Mr~ Hulse~ seconded by M_r. Doyen, RESOLVED that-the Southold Town Board of Appeals set 7:50 P.M.i, (E.D.S.T.), Thursday, October 20, 1966, at the Town Office, Maon Road, Southold, New York, as the time and place of hearing upon application of'Alfred J. and Maria Kron, 292 Degraw Street, Brooklyn~ New York, for a recogntion of access in accordance with the Sta~e of New York TownLaw, Section 280A. Location of property: north side Bay'Avenue, lots numbered iA, 2 and 2A, in Nassau Farms, Cutchogue, New York. Vote of the Board: Ayes:- all On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P-M-(E%'D.'S~T.), Thursday, October 20, 1966, at the Town Office, Main Road, Southold, New York, as the time and place o f hearing upon application of Genevieve Naugles, Naugles~Drive, Mattituck, New York, forrecognition of access in accordance with the State of New York Town.Law, Section 280A. Location ofproperty: south side Naugles Drive, Mattituck, New York, bounded north by Naugles~Drive, east by Vignes, south by~Leogrande, west by Moss-L. Daren-Sheeham. Vote of the Board: Ayes:- ALL motion by Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set8:15 (E.D.'S~T.), Thursday, October 20, 1966, at the Town Office, Wain Ro~d, Southold, New York, as the time and place of hearing upon application of Samuel Glickman, Esq.~ Greenport, New York, a/c WilliamMcDermott, Greenport~ New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304 and 307, for per- mission to use an existing building for a one family dwelling. Location or'property: east side Osprey Nest Road, lot number 5 in Cleaves Point, Section I, Greenport, New York. Vote of the Board: Ayes: ALL Southold Town Board of Appeals -22- October 6, 1966 On motion by Mr. Gillispie, seconded by M_r. Bergen~ it ~as RESOLVED that the $outhold Town Board of'Appeals set 8:30 P.M. .(E.D.~,T.), Thursday, October 20, 1966, at the Town Office, Main Road, Southold, s~8~_~k'as the time and place of hearing upon application of~~National Bank, 350 Huntington, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a), for permission to erect ground signs. Location of pro~rty: south sideMain Road~ Southold, New York, bounded north by Main Road, east by Wells Avenue, south by C. Grigonis, west by C. Grigonis. Vote of the Board: Ayes:- all On motion by Mr. Hulse~ seconded by Mr. Gillispie, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated Septemberl5, 1966 and September 22, 1966, be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. HUlee~ Mt. Doyen. The next-regular meeting of the Southold Town Board of Appeals will be held at 7:30 PjM%', Thursday, October 20, 1966, at the Town Office, Main Road, Southold, New York. The meeting was adjourned at 10:30 P.M. Respectfully submitted,