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HomeMy WebLinkAboutZBA-08/18/1966 APPEAL BOARD MEMBERS Robert ~//. Gillispie, Jr., Chairman Robert Bergen Charles Gregoni% Jr. Serge Doyen, Jr. Fred Hulse, Jr. SOuthold Town Board of'Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-.~660 MINUT ES SOUTHOLD TOWN BOARD OF APPEAT.-q August 18, 1966 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, August 18, 196§, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman, Robert Bergen, Fred Hulse, Jr., Charles Grigon~s, Jr. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 938 - 7:30 P~.~(E.D.S.~.)', Upon application of G. Harvey Moore,-Kirby Lane, Samesport, New York, for a variance in accordance with the Zoning~Ordinance, Article III, Section 303, for permission to divide land and for approval of access in accordance With the State of New York Town Law, Section 280A. Location of property: south side Peconic Bay Blvd., Laurel, New York, bounded north by PeConinc Bay Blvd., east by property now or formerly of Harry Young,south by Peconic Bay, west by land now or formerly of J. Cardinale. Fee paid $5. 00. The Cha~uan opened the hearing by reading the application for a variance, legal notice of hearing, affidavit~htesting to its publication in the offical newspaper, and notice to the applicant. Southold Town Board of Appeals -2- August 18, 1966 THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? EMIL DePETRIS,ESQ.: My .name is Emil DePetris. I represent Mr. Moore. The facts are all stated in the application. You have the map before you. What-the applicant wants to do is divide the parcel into four separate lots. Access to the interior lots will be by a right of way. There will be two lots on the public highway, 100 foot each~ and two lots on the water. The variance required would be an access variance in accordance with Section 280a of the State Law. The area of the lots is more than adequate under the rules presently in existence. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? EMIL DePETRIS,ESQ.: Mr. Moore is here if you would like to ask him any questions? THE CHAIRMAN: Are there any questions for Mr. Moore? (There was no response.)' The Board discussed the survey of the property in que~on. THE CHAIRMAN: Is there anyone present who wishes to spe~k against this application? (There was no response.) THE CHAIRFa%N: Are there anyquestions? JAMES DELAHANTY: What is the size of these lots? THE CHAIRMAn,: Lot one is 21,200 square feet; lot two is 21~600 s~uare feet; lot three is 17~100 square feet~ lot four is 26,600 ~square feet. JAMES DELAHANT¥: This is the size of. the lOts in this vicinity? EMIL DePETRIS,ESQ.: These lots are larger than most of the other lots in this area. THE CHAIRMAN: The zoning Ordinance only requires 12,500 square feet for each lot. Are there any other questions? (There was no response.) Southold Town Board of Appeals -3- August 18, 1966 After investigation and inspection the Board finds that the appellant request permission to ~ivide land into four separate building lots and request am approval of aceess. All four. lots .to be created~ are well in ~xcess of the requirements of the $outhold Town BuildingZone Ordinance. Lot number one will be 21.,200 square feet; lot. number two will be 21~600 square feet; lot number three will be ~17.,~109 sq~re feet; lot number' four will be 26~600 sqmre feet. The proposed diwi~ion of the property is the only feasible division in view of the present location of the existing buildings o~L the property~ The Board finds that the right (~f way to be created will be a 16 foot right of way to serve tile XH two lots created on Peconic Bay. The right of way will ~e accessible to all emergency equipment. The Board finds that strict app~.ication of the Ordinance will produce practical difficulties (~r unnecessary hardship; the hardship created .is unique and w~)uld not be shared-by all properties alike in the immediate vi,;inity of this _property and in the same use district; and the: variance does observe the psirit of the Ordinance and will not~ change the character of the district. On motion by Mr. Gilli~e, seco~ tied by Mr. Grigonis, it was RESOLVED that~.G. Harvey Moore, ]~irby Lanes Jamesport, New York., be granted permission to divide property into 'fou~ separate building lots; and be gran'ted approw~l of access on property located on the south side Peconic Bay Blvd,, Laurel, New York, bounded north by Peconic Bay Blvd., east by j)roperty now or formerly of Harry~ Young.~ south by' Peconic Bay,~ w,.~st ~y land 'now or formerly of J. Cardinale. Vote of the Board:Ayes:- Fir. Gi PUBLIC HEARING: Appeal No. 939 application of Carl W. and Jane H. York~ for a variance in accordance [lispie, ~Mr.. Hul, se,Mr.~ Grigonis. - 7: 40 P,'M~'. (E.'D.S.T.), Upon ~bine~ Main Road, Orient~ New ith the Zoning Ordinance, ArticleX~ Section 1007~ Subsection ~(d}, for permission to extend the two year non-use period for a non-conforming use. Locatiun of property: south side Main Road~ Orient~ New York~ bounded north by Main Road, east by G.~. Young, south by John Droskoski~ west by L.I. Cauliflower Dist. Fee paid $5.00. Southold Town Board of Appeals -4- August 18, .1966 THE CHAIRMAN: Is there anyone present who wishes to speak for~is application? KENNETH SLOCU~ESQ,': My name is Kenneth Slocum, my office is at~202 Front Street, Greenpprt. I-am the attorney for Mr. and bi rs. Sabine. There isn't much I can add to what you have just~read. The property was purchased by the Sabines in 1955~ and it was actively operated as the "Hut". My client is almost the ver~e of a nervous breakdown and she can't stay there on whileCarl~'~is~ in the city. I don't know whatelse I can add. No one would want it as a place oto live. It was always operated as a restaurant until 1964. THE CHAIRMAN: How big is the property? KENNETH SLOCUM~ESQo: I have the deed here. I don'thave a map or I would have submitted it. The property is 287.52 on one course; 300.85 on the opposite side; and the other two courses... 101.83 on one side .... THE CHAIRMAN: ~e property is probably about 100 feet in th~ rear. KEA/NETH.SLOCUM,ESQ.: I would think so. THE CHAIRMAN: Is there anyone present who wishes to speak against-this application? (There was no response.) THE CHAIRMAN: Are~ere any questinns? MRj HULSE: It'states in the application that theydon't plan to open,is right away. KENNETH SL~CUM~ESQ,: They cannot. MR.' HULSE: It seems to me this is a little foolish. You could wait and make this application at a latter date. THE'CHAIRMAN: I think it is better to make the application now~ KENNETH SLOCUM,ES~,~: I ~!'t want it~ to run through Labor Day of 1966. THE CHAIRMAn: How long a period do they want to renew it for~ two yea~s? Southold Town Board of Appeals -5- August 18~ 1966 MR.' HULSE: We cs~t extend it over two years. THE CPL%IRMAN: Are there any other questions ? (There was no response.) After ~nvestigation and inspection the Board finds.that the appellant-request permission to extend the two yearnon-use period for a non-conforming use. The appellants operate a non-conforming restaurant known as the "Hut". The premises was used for the restaurant operation from 1955'to 1964. Atthe present time the appellant, Mrs. Jane Sabine~ is not in physical condition to conduct the operation. The Board finds that this property and building would not be suitable for a residence and the only practical use for the property is a restaurant use. In general~ the Board agrees with the reasoning of the appellants as se~ foz~in the application to the Board of Appeals. 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 Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that~Carl W. and Jane H. Sabine~ Main~Road. Orient~ New York, be granted permission to extend the two yearnon-use period for a non-~Qnforming use on property located on the south side of the Main Road, Orient, New York. This permission is granted for two years, until Labor Day~ 19~8. Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen~ Hulse, Mr. Grigonis. PUBLIC HEARING: Appeal No. 940 - 7:50 PiM,~i(E.D.'S.'T.), Upon application of Peter and Rose Kreh, Mattituck~ New York, for a spec~l exception in accordance with~the Zoning~Ordinance,- Article III, Section 300, Subsection 5'~(i), for permission for a marina for the docking~ mooring or accommodation of not more than six (6) non-commercial boats. L0cat~on of property: lots number~5~6,7,and 8, at Bay View Park~ Mattituck~ New York. Fee paid $~.00. Southold Town Board of Appeals -6- ~ugust 18.~ 1966 The Chairman opened the hearing by reading the application for a special exception~ legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is ~ere anyone presentwho wishes to speak for this application? RICHARD CRON,ESQ.: I am here to speak for the application. I think its necessary for an application of this nature to be made,~ where~one wishes to dock one or more boats that may be owned by the applicant. If one didn't make the application~ they wQuld be in violation. This was for lot owners who may want to dock their boats as well as those of neighbors~ up to six non-commercial boats. Unless one went to the Board of Appeals for this, they~ would be in violation of ~the Ordinance. I am sure there a~e many people in~ this room who have waterfront property who dock their own boats as well as neighbors. If they don'~t have a special exception that are in violation of the law. We just want to moor~3boats. We don~t intend to conduct a marina business. I think that the language of the ordinance is misleading. He only' wants to dock his boats and maybe two or three neighbors boats. There isn't going to be any sale of gas or any commercial operation. This is strictly for the purpose as stated in the Ordinance. Of ~ourse in the Ordinance you have your safe guards in that area and you can't do any more than waht is permitted to do. We are 'asking for permission to do it legal. THE CHAIRMAN: Is there anything else? RICHARD CRON,ESQ.: i No~. that is all I have to say. THE' CHAIRMAN: Is there anyone else present who wishes to speak for this applicati~on? (There was no response. ) THE CHAIRMAN: Is there anynne present who~ishes to speak against this application~ Southold Town Board of Appeals -7- August 18~ ~966 RITA STEWART: I am from the Westphalia Civic Association. Why do they classify it as a marina~ THE CHAIRMAN: It is called a marina in the Zoning Ordinance, but it applies to the dockage, mooring or accommodation of boats. They don*t do any repair work, there will be no sale of gasoline. The application states lots 5~6,7, and 8 in Bay View Park. Is this a subdivision? RICHARD CRON~NS~: Yes. THE CHA~: How much water front property is there here? MR. KREH: There is 140 feet on thewater~ RITA STEWART: We have a 23 foot boat and at low tide we can't get pass this area here be~ause its a ~ sand bar. MARY ARGENTIERI: I own property on the creek. Nothing has been said about pollution here. I have lived here for eight years and I have notice pollution. RICHARD CRON.~ESQ.: That has nothing to do with this hearing. MRS.' SKINNER: Does he intend to charge for the dockage of the boats? THE CHAIRMAN: I don~t know. MRS. SCHM]~T~ Browers Woods: Is this application, for six boats on each lot? RICHARD CRON, ESQ.': On the application we speak-of four lots. This application is made for the whole parcel~ six boats forthe whole parcel. THE CHAIRMAN: Do you expect to sell any of these lots? MR. K~'i~_~_~::.: I can't se~l thelots. RICHARD CRON, ESQ.: The lots are no larger than 50 feet in wi~h. Mr. Cron submitted a sur~ey of the property in question to the Board of Appeals. Southold Town Board of Appeals -8- August 18~ 1966 THE CHAIRMAN: This survey indicates the width of this property is 140 feet~ the depth is 230 feet. Originally it was divided into separate lots. Under the~ present zoning regulations this property could be used for only one lot. MRSj RICHARD NORTHRIDGE: This special exception that would be granted~to Mr. Kreh~ it would be granted to each of us~ Thatwould cause'some congestion on the creek. THE CHAIRMAN: We can not deny this application unless some urgent~reason is shown why a dock should not be here. MRS~ RICHARD NORTHRIDGE: What if there was a sudden of applications~ THE CHAIRMAN: They probably all would be granted. -~ MARY ARGENTIER~: Alright, the creek is going to be'polluted. Let the Board of Health figure that one out. THE CHAIRMAN: The question is, where do you start? ~I%RY'ARGENTIERI: We are starting right here with this Board. MRS2 A&W,~. SMITH: I own a thousand feet of waterfront property. If this application is granted than I would do the same thing. I would apply too/ RITA.ST~WART: The wayhislots are now, he may build tWOtDUSeS. THE CHAIRMAN: NO he can't. He may 'only' build one house on this parceI. M~' DELAHANTY: How can you consider this at all when the applicant does not say what he is going to do. ~ CHAIRMAN: He -is just asking forthe right to construct dock. MR. DELEHANTY: He should submit plans. MRS. WIT~IAMS: I am across the island from here. When we built out'dock we got a permit and that was all there was to it. I think this is a permit for a deliberate plan. Does he know whose boats are going to be parked here? Southold Town Board of Appeals -9- August 18., 1966 THE C~: I think one of the reasons this amendment was put in the ordinance was to permit the building of docks. ES. ~TITJ.~: I can't conceive of anyone spending all that money and letting someone else use it for nothing. RICHARD CRON, ESQ.: He does not intend to conduct albusiness. RITA STEWART:Why doesn't he apply to the Town Trustees? Why does he apply for a marina? THE CHAIRMAN: Alot of a marina is on the land. We have controll over the land, but we do not have controll over the water.~ RITA sTEWART: Most people just go to the Town Trustees. MR. H.J. WI~IAMS: We are obstinate. I still think if people are looking for a place to dock a boat there are plenty of facilities. You have Naugles Dock, Anchor Inn~ you have facilities at the Town dock and at the Harbor Inn. We have first class property in that'area right now and t~es have go~e up 300% in the last seven or eight year, because of residential property. JOHN HURLY: What is the difference between six boats ...... how ~many boats can you moor without a special exception? THE CHAIRMAN: Only one. JOHN HURLY: I have three boats. Can I moor my three boats? THE CHAIRMAN: I would say yes. We haven't had this come upbefore. JOHN HURrY: What is a residential marina. Whatdoes the Town say? THE CHAIRMAN,: The definition of a marina in the ordinance is: "MARISL~ OR BOAT'BASIN L Any premises containing one or more piers,'wharves~ docks, bulkheads~ buildings, slips, basins or land under Water designed~ used or intended to be used primarily for the docking~ mooring or accommodation of boats for compensation, whether compensation is paid directlyor indirectly." The Chairman also read Artilce III~ Section 300~ Subsection of the Southold Town Building Zone Ordinance. Southold Town Board of Appeals -10- August 18,~ 1966 THE~CHAIRMAN: Is there anyone else that wishes to be heard? MR. DELEHANTY: How can you consider this without him stating what he wants to do. . THE CHAIRMAN: The Town Trustees determine what he can put up there. Docks require a permit from theTown Trustees. MR.' WILLIAMS: Whatwould happen ~if the Town Trustees turned him down? THE CHAIRMAN: Then he couldn't erect the dock. CAPTAIN SETH: I 'own a fifty-five foot twin ~eisel. I don't keep it in Mattituck because I don~t want to pollute the creek in ~f~ontof my place. RICHARD CRON, ESQ,-: This is a special exception to keep six boats. Whether one ch~ges or does not charge~ as far as I am concerned is not necessary to this hearing. Th~ is not going to Change the character of the area~ If you are going to deny every'application that comes up like this, this doesn't belong in theOrd/nance. RITA STEWART: At low tide we can't get through there. GORDON'CASE: I represent 60 to 70 land owners in ~this area. I would like to go on record, representing people in Browers Woods, -we are opposed to anyspecial exception. MR~ WILLIAMS: Do you inspect this property? THE~ CHAIRMAN: Yes. ~he total width of the channel was discussed. Also discussedwas a small island that is in front~ofthe proposed dock.) RICHARD CRON.~ESQ.~:F~ankly., the only reason we are here tonight is because the Ordiaance-says we have to be here~ because we might want to dock more. than one boat. MRs. WTT.I.IA~S: There,s another fact-that hasn;t been introduced. It would be impossible to dock six boats and have~ traffic going back and forth., Without changing the character of the. ~' neighbor- hood. Southold Town Board of Appeals -11- August 18, 1966 THECHAIRMAN: Is there anyone else who wishes to speak? RICHARD CRON,ESQ.-: If the Ordinance was worded to read three boats, we w°U~-~ -- Still be here. MRj KREH: I have two boats of my own that I want to there, so I have to come here. THE CHAIRMAN: That is right. Many'people have more than one boat. I think we will have to reserve decision'on this so that the Board may-f~ther investigate the matter. Is there anyone else that wishes to speak either for or against~this application? (There was no response.) On motion by Mr. Gilli~ie~ seconded byMro Hulse, it was RESOLVED that a decision on Appeal No. 940, upon application of Peter and Roae'Ereh, Mattituck, New York, be reserved until 7:30 P~M.-~ Thursday, November 10, 1966, at the Town Office, Main Road, Southold, New York. The Board wishes to further investigate and study the nmtter. Vote of the Board: Ayes:- blt. Gillispie~ Mr. Bergen~ Mr. Hulse, Mr. Grigonis. PUBLIC P~ARING:Appeal No. 941 - 8:10 PjMji~,D.'S.'T~)~ Upon application of'ErnestW. Wilsberg, Olejule Lane~ Mattituck~ New York~ for a variance in accordance with the' Zoning Ordinance~ Article III., Section 300~ Subsection 5 [(i).~ for'permission to construct and maintain a boat basin for the dockage of more than six (6) non-commercial boats. Location of ProPerty: south side G~nn Road~ West Creek~'Estates~ Southold, New York, bounded north by G~enn Road, east by Lot number 19 or'West-Creek Estates, south by'West~Creek, west by lot number 18 of WestCreek'Estates Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance1, legal notice of hearing~ affidavit attesting to its publication in the official newspaper, and notie~ to the applicant. Southold Town Board of Appeals -12- August 18, 1966 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RICHARD CRON,ESQ.: I would like, to speak for the application. This particular boat basin shows on the filed map. It would be a tremendoushardship and would not achieve what was originally planned if this was denied. We do not feel that~something like this would began ~esore, nor any definite change of the area. THE CHAIRMAN: ~Is there anyone else who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone ~ present who wishes to speak against this application? ~There was no response.$ THE~CHAIRMAN: Is the applicant here tonight? RICHARD CRON,ESQ.: Wes. THE CHAIRMAN: What was the cost of the boat basin? ERNESTW//uSBERG: There was an inlet or~ creek into that particular section. We dredged it out. That is the only ex- pense we had, the dredging. We opened up a channel. This is on the map and has been on the map shown to the people buying lots. THE C~iAIRMAN: Have you given any thought to the number of boats and the size of boats you will ~ut in there? ERNEST-WILSBERG: We will be limited by the height of Goose Bridge. I might also add that~the roads a~e private. MR~ PiIU~SE: Who will maintain the basin? ERNEST WILSBERG: We will, or it will be turned over to a property owners association. TM~ CHAIRMAN: About how many lots have been sold so far? ERNEST WII~BERG: Abo~tl5 lots have been sold. THE CHAIRMAN: Do you plan to have any buildings at the boatbasi~ Southold Town Board of Appeals -13- August 18~ 1966 6 ERNEST WILSBERG: There will be no buildings, ~ CHAIRMAN: Are you going to put'a dock out~ ERNEST WTT~BERG: We will put oDt a floating dock. THECHAIRMAN: Do you-have parking facilities? ERNESTWILSBERG: It will be within walking distance~ but there is somep~king facilities. THE CHAIRMAN: How wide is the channel? ERNEST WI?-qBERG: It is' 100 feet. THE CPL~IRMAN: How wide of a dock would you put in there? ERNESTWISLBERG: About six feet. dock. THE CHAIRMAn: Would you have,piles on each side of the ~k ERNESTWILSBERG: Not at the present time., MR. HULSE: What is the maximum number of boats you could handle? ERNESTWT~.SBERG~About 50 boats. MR.' BERGEN.': I don~t think you could put'50 boats in there. THE CHAIRMAN: What was the classification used at'Kreh~s marina in Camp Mineola? HOWARD TERRY: Thatwas "A~2'' THE CHAIRMAN: What size boat-do you think this should be limited to? MR. BERGEN: I think the size of the basin limits him. THE CHAIRMAN: You don't think we should put'a limit'on it. MR. BERGEN: I don~t think we need to. THE CHA]RMAN: You don't proposed to give facilities to anyone out of the subdivisions do you? ERNEST' WI~BERG: No. Southold ToWn Board of Appeals -14- August .18, 1966 TRE CHAIRMAN: What was the approximate cost to create this boat basin? ERNEST WILSBERG: We~ad it done in two contracts. We had it done in one contract up to here ~ointing to map). That was $5,000.00. And it was another $5~000.00 here. THE'CHAIRMAN: So that you have about $10~000.00 invested in tk~ without the floating dock. ERNEST~SBERG: That is right. THE CHAIRMAN: Does the rest of the Board feel that it would be okay to authorize this without a limit on the size or number of boats~ MR~ PIULEE: It will be limited to the property owners in that development. THE CHA~: Is there anyone else who wishes to speak on this application? CThere was no response.) THE CHAIRMAN: Are these any other questions? (.There was no response.) After investigation and inspection the Board finds that the appellant request permission to construct and maintain a boat basin for the dockage of more than six'non-co~L~L~ercial boats. The Board finds the appellant has amade a substantial financial investment in this project by dredging the proposed boat basin. This boat basin shows on a map that was filed in the Suffolk-County'Clerk's Office on August 19, 1963. This same map has been used to show prospective purchasers of lots in this development. At the time the map of West'Creek development was filed there was rD limit on the number of boats that may'be docked at a residential marina. The West Creek development, showing the boat basin, was approved by the $outhold Town Planning Board before it was filed with the SuffOlk-Count~ Clerk. For all the above reasons,, and those stated in the application to the Board of Appeals~ the Board b~lieves it would be a great hardship to deny the use of this boat basin as originally planned by the appellant. Southold Town Board of Appeals August 18, 1966 The Board finds that strict application~of the Ordinance will produce practical difficulties orunnecessary hardship; the hard~ip created is unique and would not be shared by all properties alike in the immediate vicinityof this property and in the same use district; and the variance does observe the spirit or,the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen,~ it was RESOLVED that'Ernest H. Wilsberg~ Olejule Lane~ Mattituck, New York, be granted permission 'to maintain a boat basin for the dockage of more than six'non-commercial boats on property located at the south side of Glenn Road, West Creek~Estates~ Southold, New York, bounded north by Glenn Road, east by lot' number 19 of West Creek-Estates, south byWest Creek, west by lot number 18 of West Creek'Estates. This permission i~ granted subject to the following conditinns: 1. This boat basin shall be limited in use to only the residents and property owners of the West-Creek~Estates development. 2. There shall be no services for party boats. 3. No boats shall be rented or leased. 4. There shall be no sale of any commercial products. This conditinn is without predjudice to anyfuture application to per- mit the sale of gasoline at the premises for the boats moored at this boat basin. Vote of the Board: Ayes:- Mr. Gillispi~ Mr. Bergen, Mr. Hulse, Fir. Grigonis. PUBLIC HEARING: Appeal No. 942 - 8:30 P. MJ[E~-D.~S~T)~ Upon application of William J. Baxter, Nassau.Point, Cutchogue~ New York, for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 9~ for permission to retain a subdivision sign at Village Manorsubdivision with insufficient setback. Location of property: north side Main Road Mattituck~ New York~ bounded north by Stewart Est., east by Village Lane~ south by Main Road, west by Stewart-Est. Fee paid $5.00. Southold Town Board of Appeals -16- August 18.~ 1966 The Chairman opened the hearing by reading the application for a special exception= legal notice of hearingw affidavit attesting to its publication in the official newspaper~ and ~ notice to the applicant. ~ CHAIRMAN: Is there anyone present who wishes to speak for this application? W~Z.IAM J.' BAXT~R,i JR,-: Th~is~a photograph taken 180 feet east of the sign. This is a proposed passenger?~ view. .This is where the passenger would be seeing the sign. The sign is a~ready obstructed. Moving it back~ it would not be seen. This is a view from the west'at 150 feet and the view is partially cut off. THE C~AIRMAN:What~is the distance of the sign from the lot line? WILLIAM J~ BA~TER~"JR.: Them~ sign is right here,. (pointing to map). ~he nearest lot is set back here. THE CHAIRMAN: This sign is boardering state property. The sign will have to be setback five feet from the property ~ine. Is there anyone else present who wishes to speak for this application? (There was no response.) TheCHAIRMAN: Is there anyone present'who wishes to speak against this aPplicatinn? i(There was no response.) After investigation and inspection the Board finds that the appellant request permission to maintain a subdivision identification sign less than the required 35 feet setback from the state highway. The Board ~inds that if .the sign was setback the required number of feet, it would not be visible to the travelling public~until they~were abreast of the subdivision. There are several trees and bushes which the block the view of the sign. At the present~k~ time the sign is on the state highway property line. The sign m~st be moved back five feet from the state highway property ~ne. Southold Town Board of Appeals -17- August. 18~ 1966 The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood prope~ty'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. Hulse~ it was RESOLVED that. WilliamJ. Baxter%~ Nassau Point~ Cutchogue, New York, be granted permission to retain a subdivision sign at Village Manor with insufficient setback on property located on the north side Of the Main Road~ Mattituck~ New York, subject however to the following conditions: 1. This sign shall be granted for one year (1) only~ renewable annually upon written application to the Board of Appeals. 2. This sign shall be subject to all subsequent changes in the Southold Town Zon~g Ordinance as it applies to signs. 3. This sign shall be located at least five (5) feet from the state highway property line. 4. This sign shall be located at-Ieast two (2) feet from any adjoining property line. 5. This sign shall be located at least three ~) feet above ground level. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen~ Mr. Hulse~ Mr. Grigonis. PUBLIC HEARING: Appeal No. 943 - 8:45 PjM~(E.D~S%Tj)~ Upon application of Raymond L. Diedrick, Orient~ New York, for a special exception in accordance with the Zoning~Ordinance~ Article III, Section 300., Subsection 10, for. permi~on to maintain a directionalsign on property located on the north side of the Main Road, 'Orient, New York~ bounded north by land now or formerlyof William Karcher, east by land now or formerly of WilliamKarcher, south by Main Road,: westby land now or formerly or'William Karcher. Fee paid $5.00. Southold Town Board of A~als -18- August 18.~ 1966 The Chairman opened the hearing by reading_ the application for a special exception,legal notice of hearing, affidavit attesting to i~s publication in the official newspaper~, and notice to the applicant. THE CHA~HAN: Is there anyone present who wishes to speak for this application? QUINTON'DEIDRICK: I am down here because my fa~e~rhad a stroke. He sent the notice of violation he received to me. THE CHAIRMAN: The size of the sign is alright. MR. BERGEN: Is this sign on your own property: QUINTON DEIDRICK: It is on the rightof way. THE CHAIRMAN: Who owns the right of way? QUINTON DEIDRICK: I don ~ t know. It is named Diedr ick Road. THE CHAIRMAN: You probably own the rightof way then. How many cottages do you have? QUINTON DEIDRICK: Four. THE CHAIRMANA: How far from the highway line is the sign? QUINTON DEIDRICK: It is four feet in from the valk THE CHAIRMAN: How wide is the rightof way? QUINTON DEIDRICK: I really am guessing.~ but I would imagine it is sixteen feet. THE CHAIRMAN: The sign must be at least five feet from the State property line. Are there any other questions? (There was no response. ) THE CHAIRMAN: Is there anyone ~ present who wishes to speak against~ th~ application? L~- (There was no response.) After investi~ion ~nd inspection the Board finds that the appellant request permission to retain an off premises dire~tional sign. The sign is four feet by four feet and Southold Town Board of Appeals -19- August 18, 1966 directs the public to Green Acres Cottages, For rent. The s~ n shows the location of the office and indicates wheg~er or not there are any vacancies at the cottages. The Board believes that this sign is in the interest of the travelling public. The Board finds~at 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 M_r. Gillispie, seconded by Mr. Grigonis, it-was RESOLVED faat Raymond L. Died[rick, Orient, New York, be granted permission to retain an off premises directional sign on property located on the north side ofthe Main Road, Orient, New York, subject, however~ to~e following conditions: 1. This sign shall be granted for one (1) year only, renewable annually upon written application to the Board of' Appeals. 2. This sign shall be subject to all.subsequent changes in the Southold Town Zoning Ordinance as it applies to signs. 3. This sign shall be located at least five (5) feet from the State Highway property line. 4. This sign-shall be located atleastthree (3) feet above ground level. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Hulse, Mr. Grigonis. PUBLIC HEARING: Appeal No. 944 - 9:00 P.-Mo(E~D.-S.T.'), Upon application of Roger' E. Williams,, Hale Hollow Road, Huntington~ New York, for a special exception in accorOance with the Zoning Ordinance, Article III, Section 300, Subsection 9, for permission to retain a "for sale" sign with insufficient setback. Location of the property: south side Main Road, East Marion, New York, bounded north by Main Road, east by'Elsie Papsonl south by Right of-Way, est by M. Wiggins & Wf. Fee paid $5.00 Southold Town Board of Appeals -20- August 18,. 1966 The Chairman opened thehearing byraading the application fer a special exception, legal notice of hearing~ affidavit attesting to its publication in the official newspaper~ and notice to the applicant. THE'CHAIRMAN: Is there anyone present-who wishes to speak for'this 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 retain a "for sale" sign on the Main ~oad, The house that-is for sale is set back off the Main Road. The Board points outthat "for sale" signs must be exibited on the property that is for sale. The sign must be set'back in line with the front of the house. A~for SALE"sign is not permitted some 100 feet from~e premises that is for sale. 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 adjoining use districts will ~ be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Hulse,. seconded by Mr. Grigonis, it was RESOLVED that Roger H.. Williams~ Hale Hollow Road~ Huntington~ New York, be denied permission to retain a "for sale" sign on property located on the south side of the Main Roadl East Marion~ New York. The sign must be removed by'Septem bet 30~ 1966. Vote of the Board: Ayes:-Mr. Gillispie,~ Fir. Bergen~ Mr. Hulse~ Mr. GrigonSs. Southold Town Board of Appeals -21- August 18, 1966 Ailetter was written to the Supervisor advising him of a fence that was erected next to the Shell Service Station in East Marion. The fence is high and is considered a traffic hazard. The Board suggested tha~some change in the SoUthold Town Building Zone Ordinance~made to regulate the height of fences. Copy of said letter is on file in the office of the Board ~ Appeals. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P~M.'(E.D.'S.'T,), Thursday~ September 1~ 1966, at the Town Office, Main Road, Southold, New York~ as the time and place of hearing upon application of John C. Courtenay, 133 Central Avenue~ Green- port,. New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, for permission to divide property with insufficient frontage. Locatimn of property: east side Carroll Avenue,. Peconic~New York, bounded north by Joseph Booker, east by W. Buckingham Estate~ south by W. Buckingham Estate~ west by Carroll Avenue. Vote of the Board: Ayes: ALL On motion by Mr. Hulse, seconded by'Mr. Grigonis~. it was RESOLVED that the Southold Town Board of Appeals set 7:40 P.M~!(E.D%S~ )i~ Thursday.,-September 1,. 1966,. at the Town Office, Main Road,. Southold,. New York, as the time and Place ofhearing upon application of Mrs. Warren. Critchlow~ 611 Bailey'Avenue, Greenport, New York, for a variance in accordance with the ZOhing Ordinancea-ArticleX, Section 1007, Subsection d, ~for permission to extend non-conforming business beyond the two (2) year'period of non,use of the~building and premises. Location of property: north side Main Road, Greenport, New York,. bounded north by Ernest'Wiggins~ east by'Ernest-Wiggins~ south by Main Road, west by Dorothy'Carey. Vote of the Board: Ayes:- ALL Southold Town Board of Appeals -22- August 18~ 1966 On motion by bit. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:50 P.M~'(E~Di'S~T~), Thursday,~ Seeptember 1, 1966, at the Town Office, Main Road~-Southold, New York, as the time and place of~hearing upon application or'Douglas Beebe andS0ns, Inc., Main Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article IV.~-Section 400,. Subsection A,.for permission to retain an on premises identification ground sign w~h insufficient height from ground level. Location of property: north side Main Road, Cutchogue, New York, bounded north by S. Beebe,. east by'S. Beebe, south by Main Road, west-by M. Meltzer. Vote of the Board: Ayes: ALL On motion by Mr. Bergen, seconded by Mr. Hulse,. it was RESOLVED that the Southold Town Board of'Appeals set 8:00 P~M. [E.D.~S~'T~), Thursday~ September. l, 1966,. at the Town Office, Main Road, Southold, New York, as the time and place of hearing~ upon application of Mattituck'Estates Subdivision,. Matt/tuck,. New York~ for a special exception in accordance with t~e Zonhg Ordinance, Art~l III,. Section 300, Subsection 9.,~ forpermission to retain subdivision identification signs with insufficient setback at the following locations: 1) at the entrance to Cardinal Drive on lot number 5 in Mattituck Estates; 2) on'.the property of Mattituck Historical~Society, Main Road, Mattituck, New York; 3~o signs on the north side of New Suffolk'Avenue, at the entrance to Blossom Blvd., on lots number'30 and 31 in Mattituck Estates; 4) on the north side of New Suffolk-Avenue at the entrance to Meadow Lane on lotnumber 45 in Mat~ituck Estates, Mattituck,, New York. Vote of the Board: Ayes: ALL On motion by Mr. Hulse, seconded by Mr. Gillispie,~ it was RESOLVED thatthe Southold Town Board of Appeals set 8:30' PjM2.(E.D.'SYT.), Thursday,1 September 1, 1966, at .the Town Office, Main Road~ Southold~ New York, as the time and place of hearing upon application of George D. Damien, 924 West End Avenue, New York'City, New. York, for a variance in accordance with the Zoning Ordinance. Article III, Section 303, for permission to divide property and construct a dwelling with insufficient area. Location of property:' Main Street, Jackson Street, Fifth Street, New Suffolk~ New York,. bounded north by Main Street, east by'Acker-Fu~inski~ south by Jackson Street, west by Fifth Street. Vote of the Board ~ AYES: ALL Southold Town Board of Appeals -23- August 18,. 1966 The next regular meeting of the Southold Town Board of Appeals will be held at 7:30 Po'M,(E.D.S%'T.), Thursday~ September lt. 1966, at the Town Officer Main Road, Southold~ New York. On motion by Mrl Gillispie, seconded by Mr. Bergen, it Was RESOLVED thatthe minutes of the Southold Town Board of Appeals dated August 4, 1966 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,. Mr. Hulse, Mr. Grigonis. The meeting was adjourned at 11:00 Respectfully submitted,~ Barbara C. Dittmann, Secretary Southold Town Board of'Appeals