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HomeMy WebLinkAboutZBA-08/10/1972 APPEAL BOARD MEMBERS Robert '~V. Oillispie, Jr., Chairmen Rober~ Bergen Charles gresonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. ~INUTE~ ~O~HOLD TOWN BOAKD OP APPEAL~ AuWust 10, 1972 A regular meeti~ of the ~outhold Town Boamd of Appeals was held at 7:30 P.M., Thumsday, ~ugust 10, 1972, at the Town Office, Nain Road, Southold, New York. The~e were presemt: Masers: Robert W. Gillispie, Jr., Chairman; Robert Bergen, I~ed Hulse, Jr. Also present~ Hr. Howard Terry, Building Inspector. Decision on Appeal No, 1611, Ewmm Enterpr'Ises, InC., Main Road, Mattituck, New York. A Public Hearing was held on ~uly 27, 1972 at 8'.20 P.~. (E.D.S.T.) up~ applicatio~ of ~ En~e~p~ises, ~ln R~d, Ha~tl~uck, New Yo~k, for a s~cial exception 'tn acco~a~ce with t~ Zoning 0~dl~nce, ~lcIe iii, ~ction 300v ~u~seetion O-6-f, fe~ ~ssi~n ~e locate elf p~emises sub~ivision ldentificatlem sigm ~ p~epe~y 0f '~e~d E~. Location ef property: s~Uth side of Peeemlc ~ B~v~d, ~u~el, :New Yo~k, b~ed nw~%h by Pe~onte B~ B~v~d~ e~t by J, Oo~den; s~th by Pecenie Bay; a~d west ~y Po~ll. After investigation and the BOsmd finds tha~ applicant is required to ~mve ~S s~gn f~om t~s p~esen~ leeati~ ~ ~'Ne. 3 on~Mino~ ~bd of Cecil T. Y~ng and ~equests ~mfssien te place it-acrOss t~ st~e~ on ~he s~t~ side ef ~ontc Bay B~lev~d-~pesite the entrance te the Subdivisi~n ~ as ~u~el C~nt~ Esta~es~ ~n'la~d 0f ~:e~d O. E~. The B~d f~s tha~ t~ sign wf~ Be identical to t~ existt~ sigm ~asu~i~ 3si0" x '6s 'an~ wi~ 'be d~ble faced. T~ ft~i~s ef the Bo~d ~e ~hat~ this is ~ d~f~cult lecatiem because ef visibility a c~ve in the ~d a~d t~t pe~missi~ shall be su%Jec~ ~o the si~ bei~ pla~ed 10 fee~ instead of 5 feet s~h of ~he p~ope=ty line. Sevthc~d T~m B~,~cl of Appeals -2- August 10, 1972 The Bea~ £1nds that the public convenience and~elfa~e and pe~ne~ ~ substantia~ injured a~ ~h~ spi~t~ of the 0~dlnanee will ~e observed. On motiem by N~. Bergen, secomded by N~. Hulse, it was RF~0LVED Emma Entex-prises, Inc., Main Road, Nattituck, New York, be GRANTED permission tc locate elf premises subdivision identification sig~ en property cf Leoma~d Emma located em the south side ef Peccmlc Bay Boulevard, Laurel, New York, smbJect tc the following conditions: 1. That the sign IAUREL O~ E~2A~'~ be located at least 10 feet south of the property li~e. This permission shall be subject to all r~les and regulations geverni~g slgus in the Town of Southold as stated im the ~euthold Town Zemtng O~dl~anee. ¥cte of the Boar~: Permission shall expire in two yea~s. Ayes:- Nessrs: Gtlltspie, Bergen, Emlse. PUBLIC HEARING: Appeal Ne. 1623' - 7:35 P.M. (E.S.T.), upo~ applleatie~ ef Ala~ Oot~eave~ ~ck~e~ Hill, Eas~ ~, ~ew Ye~k, f~ a ~ianee in second.ce wi~h t~ Zeni~ ~di~mce, ~ticle"-~t, ~ct~on 301, f~ pe~missio~ to divide p~ope~ty with ~ss than ~qui~ed~ ~ea a~ f~e~tage. ~eation ef property: ~ck~e~ Hi~, ~t ~fen, New Yo~k, ~ed neath ~y Ri~t of ~, We~ a~ ethos; east By o~he~ p~ope~t7 of ~he aDpliCam~; s~th by Pee~ic Bay; a~ west ~y ~B~. Fee paid The 0h~imuan opemed the hearing by reading the application for ava~ianco, legalnottcs of hea~i~g, affidavit attesting to its publication in the official newspapers, and notice te the applicant. ~'q~EO~~: Is there ar~enep~esentwho wishes to speak this application? F~RILTN NOREE]NTN: I am appea~i~g im their behalf. THE ONAiRNAN: Would you say that Na~ch 15th would Be the earliest date that these cottages would be used? ~S. NOREELUN: There is no heat im them so it would be later. S~u~hold Town Board of Appeals August 10, 1972 THE CBAI~MAN: This is entered by a p~ivate rigl~ of way. Do k~ew the reason for these dot%ed li~es cn the survey~. ~X~. I~ORKELUI~: That's a fence. The £cnce will follow this line when itts divided. T~E OHA~R~: ts there anyone else who wishes to speak fo~ this application? (There was ne response.) T~ GHAIR~N: i~ there a~yone present who wishes to speak against this application? (There was no response.) After investigation and ir~pectien the Board finds that applicant ~equests pe~missie~ to divide p~ope~y with less than required a~ea ~and frontage. The Board finds that~ applicant ow~s p~eperty, 9fl a I~ivate ~ight of wa~ ~a~ed ~ckleber~ Hill, East ~ien, New Y~k, ~unnl~ f~om an exis~i~ ~o~ ~o ~ ~each, Pec~i~ B~, amd ~h~t th~ p~e~tY t~a~ ~.97 ~ac~e. The Bo~d finds that the ~pesal ts to ~ep t~ ~in h~se and. sep~ate 2~ee h~ses fe~ sale. T~ ho~es te be sep~at~d ~e tm t~ ~e~te~p~tten ef the let c~nslsting ~ ab~ 3/~ ae~e. T~se ~e su~ ~cot~ages without ~at. T~ Bo~d a~ees with ~ ~eas~- ~ Bo~d fin~s t~ s~tc~ a~lica~i~n ef t~ ~dl~noe ~w~ p~ace p~ac~ical difficulties or umnecess~ ~dship; the h~dship c~ea~ed Is unique and wou~ m~ be s~ed ~y all p~ope~ties alike In ~he i~dla~e vicinity ~f ~his pr~e~y amd in the sa~ use district; a~ ~ v~iamce will not c~mge ~he c~acte~ of ~he nei~o~he~, ~d will o~se~ve the sp~i~ of ~he O~tnance. On m~tion ~ E~. Gtlltspie, seconded by ~. B~lse, it was RE~OLVED Alan O~g~eave, Huckleberry Hill, East Marion, New York, be ~ per~uissie~ to divide p~epe~ty with less ~ea a~ f~e~e t~ ~qut~ed, located at H~e~y Hill, Eas~ I~ion, New Y~k, as applied f~, su~Jec~ te the f~l~ e~di~iens: 1. That the use of these three summer cottages shall remain strict~V fo~ seasonal use du~i~g the period f~om ~a~ch 15 th~uS~ N~vemBer 15 (e lght months). 2. T~-~-.t ~ Improvements which may be applied fo~ lu t-he fu~ (in the event that these three cottages a~e sold) shall x~qu~re the approval of the Board of Appeals. Vote of the Beard: Ayes:- I~essrs: Gillispie, Bergen, Hulse. Southold T~w~ Boa~d of Appeals August 10, 1972 PUbLiC ItEA~: AppeaX No. 1621 - 7:45 P.No (~.3,T.), upo~ appllcatlom ef Jo~ ~ B~,'R.D.~I, Box 53, atr~dsBu~g, Pen~lvamia, f~ a v~n~e i~ a~c~da~ce wi~h ~he Zoni~ ~di~nce, ~i~ III, ~e~ion 301 a~ ~ion 28~ of ~ T~ ~w, fo~ pe~mtSsion to divide wi~h ~ss ~ ~qa~d ~ea a~ ~ontage on ~ap~ed road. ~a~ion of ~e~y: ~st side of Bay Ave~e, East ~ien, New Ye~k, b~nded no~ ~y ~ie~ ~e; east by Cot~ave a~ Wenk; s~th By Peconlc B~; wes~ ~y E~ds Estate. ~ee paid $15.00. The Chairman opened the hea~ing By readimg the application for a va~iance, legal notice of hea~ing, affidavit attestimg to its publication in the official newspapers, a~d motlce to the applicant. TBE C~~: The application is accompanied By a survey showimg appr~imately 38,000 sq. ft. morth of ~he right-of-way on ~i~n ~ake~ ap~pr~imately 23,000 sq. ft. s~uth of the right-of-way on Pecomic T~E C~A ~IRI~AN: Is there at, one presemt who wishes to speak for this application? IRVi~G ~. PRICE, ES~-: I prepared this appeal and I made a mistake in m~ calculations t~ I did not notice un~il today. I ~ft ~t ~ ~ea se ~ ~ ~eas~ fe~ appeal I w~ li~ to a~nd ~ tet~ ac~ea~ ~ ~s. I~ is app~i~te~ 67,0~0 sq. f~. : s .~ fa) ~ equitable t~t 3~,3%0 sq. f~. be all,ed te be se~' ~f .~md used as a se~a~e ~uild~ lo~. T~se people ~e ~t~t~ o~ and i~'s mo~e p~o~y ~ ~hey need. F~the Rece~d: ~ application was amended to read 29,000 sq. ft. instead of 23~000 sq. ft, umder REASON FOR APPEA~. The total area 'of 61,000' sq. ft. to be imcreased to 67,000 sq. ft,- attested to by Irving L, I~ice, Esq. ~. PRXCE: There are a ve~ nice .house on the s~n portion of u~d_~o be a ~age. n~h of ~ ~i~t of ~ bu~ ~y ~ved i~ a~ a~de~ a ~w g~a~ ~o ~e p~esen~ existing ~elli~. ~. ERI~E~T RAD~0RD: I am in favor. I am the broker. As far as the p~ope~ty is concerned, it seems to me that if the Towm wants to have one ac~e p .a~cele it w~uld ~e puttin~ a harden on an owner who might have 1 3/4 acres. THE ¢~A~RI~.~: It is not feasible to apply [~0,000 sq. ft. to an a~ea ~ com,~._~aity t~ is as e~ as this o~e. YoU don't sel~ a~- thi~, just ~d co~lica~ioms, Bec~se t~e ~ ~ lots t~ ~e l~ge~ ~n ~ ~i~l mini~m of ~,%00 sq. ft. T~ 0~tnance d~s ~t~ol new de~lopment. Southold T~wn Bo~d of Appeals -5- August 10, 1972 applicant requests ~e~m~ss~gn 2~ divi~e w~h less than ~ea a~d f~on~e on una~p~ed ~oad. Location of p~e~y= west s~de of Bay Avers, ,Eas~ ~l~n~ New Yo~k; and a~equests app~l of access. T~ B~d a~ees with t~ ~eas~i~g ~f ~he a~l~cant nott~ the a~ed fi~es on ~he s~the~ accede. The Bo~d fi~s t~t stoic2 applica~ien of ~he ~di~nce w~ld p~oduce p~ac2ical d~ficultles ~ un~cess~y h~dship; ~rdship c~eated Is unite a~ w~ not be s~ed by a~ p~oper~ies alike In t~ t~diate vicinity ef this p~pe~ty and i~ the sa~ use dist~ict; a~ t~ v~lance wi~ n~t cha~e the c~acter ~ ~i~b~he~, a~ ~11 observe t~ sp~lt of the On ~tion by Hm. Bergen, seconded by H~. Halse, it was RE~OLVED John La Ba~, R.D.#I, Box 53, Streudsburg, Pennsylvania, be ~ permission to divide with less than requi~sd a~ea and frontage on mmapproved road; and be GRANTED approval of access over private road for egress and ingress. L~cation of property: west side of Bay Avenue, East l~arion, New York. Vote ~f %he Board= Ayes:- Messrs: Glllispie, Bergen, Hulse. PUBLIC HEARING: Appeal No. 1622- 8:00 P.M. (E,S.T.), upon applicatiom of Michael N. Cemlucci, 2346-27 Vam Zandt'Avenue, Little Neck, New York, for a variance in accordance With the Zonimg O~dinance, A~tl~le III, ~ectton 300 0-2 and 302, for permissiom~to replace existing accesso~ybuildingwith an enlamged lmildimg amd reduced side yard. L~cation of l~oPer~y: se~th side of Island View Lane, Greenest, New York, bounded no~thby Island View Lane; Stemmle~; south by the Creek~ west by Englehamdt. Feepaid $15.00. T~Chai~ opened the hearing by reading the application a variance, legal ~ice of hearing, affidavit attesting felts publicat~on in the official newspapers, and notice to the applicant. 1~. CARIt;¢O I: ~'ard a~ea. Is there a~o~e present who wishes to speak for I am here to speak for the application. I see that you have tidal problems in the rea~ Yes. The line is on the other side of the shed. Southeld Town Board of Appeals -6- August 10, 1972 THE C~.* Actually, the ~ew building will be further away from the line than the existing shed is. THE OBAXRI~N: Is the~e anyone p~esent who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests pex~nission to replace existing accessory building with an enlarged tr~ildtng and reduced side yard om property located on .the south side of Island View Lane, Greenport, New York. The findings of the Board a~e that applicant has an unusual hardship because of tidal d~ains. The Board agrees with the reasoning of the-applicant as his legal rea~ yard is subject to flooding. The B~ard finds that strict application of the O~dinance would, produce p~actical 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 sac_me_ use district; and the variance will not change the character of ~ae neighborhood, and will observe the spirit of the O~dinance. 'On motion by ~. ~ulee, seconded by ~m. Bergen, it was R~LVEDMichael N. Ca~Iucci, 2~6-27 Van Zandt Avenue, Little Neck, New Yolk, be GRANTED permission to,opiate existing accessory building with an enlarged building and reduced side yard, as applied fo~, subject to the foXlowing condition: That the woe~ tool shedwhich, is replacing the'__w~_tal shed shall be located at least two feet from the: easterly property Vote of the Board: Ayes:- ~eo~e: Gillispie, Bergen, Hulse. New Yo~k, for a va~iance in accox'danee with the Zoning Ordinance, A~ticle III, ~ection 301, for permission to construct dwelling with insufficient living a~ea and side yard. Location of property: west side of Third ~treet, New Suffolk, New York, bounded nc~th by Eapp; east by Third ~eet; south by Yetter and others; west ~y W. Shibley. Fee paid $15.00. Southold Town B~s~d ef Appeals -7- August 10, 1972 The Chairman ~pemed the heamimgby reading the apptleatiom f~ a va~iance, legal notice of hesming, affidavit a~testing to its publication in the official newspapers, and notice to the applicant. THE OHAIRNAN: Is the~e anyeme p~ese~t who wishes to speak for this application? t~, RICHARD~~: Ih ave spent mar&v h~urs tryir~ to design something that w~uld be practical. (~. F~e~he~ discussed his sketch with the Board). I tht~k this would add to the appesmance ef the smog. The hemes ~n the i~a~ediate a~ea sme en simila~ pl~%s ef land. THE CHAIRI~AN: The proposal ~s te replace the present dwelling with a mew one which would be 16~ x 39' plus a 2~ x 1~' addittom at the rear. Is the present side yard 2 feet? I~. ~E"/HERR: Yes. THE CHAIRNAN: This is a one story buildimg. ~. FR~: 1~ mether is unable to climb stai~s. THE CHAIRNAN~ ~he was there when I i~spected the prope~-~y and she told me that she had lived there for 35 years. ~. FREYHERR: I could me~e it back 10 feet. The ~essp~ols are about 70 feet back. TBE OHA~:' I believe this is the smallest lot we have comsidered in ~m fifteem years of experiemce. We emce had cmo 30~ x 2,000'. ~R. ~: ~f m~ mothe~ was metinvelved I would probably sell. I have bee~ %~ying tO bay the lot next. door but that owner has Bee~ tx,ying to buy ~a~s. ~ don't have a choice. I can't move her after all these years. I am trying te squeeze two bedrooms tmto the house. I think I will leave it open a~ use a roe~ divlde~. ~. HOWARD TERRY, BUilding Inspector: The regulations a~e that there mast be 80 sq. ft. per person. An 8 x 12 bedroom wouldbe 96 Sq. NR. FRE~HERR: with her. Is it Just your mother who is going to live there? h'he is net well and someone might have ~o live THE Ct~/R~N: There is no question that you have a Constitutiomal rightto do this. ~e are Jest t~Ting te help you. I thimk you should create~reom fe~ ~ne car to ~et o~f the highway. Not that ¥ou~ mothe~ would mecessarl~F have a car but in case this were sold at some time. I~R. F~: If we came back 10 feet a cam could be parked in thef~ont yard. Southold Town Board ef Appeals -8- Au~st 10, 1972 ~. R~ERT BERGEN: Instead of a 2 feet sideya~d it would be p~efe~able te make it three feet. I~R. ~REYt~ERR= Do you insist that we coma 3 feet from the llne .rather than 2 feet? ~. BERGEN: You oantt get any more va~iances on th~s. If you want a porch, you have to go back 10 feet. If you want a porch on the side we will have to put a limit on it. THE OHAIRI~AN: What are you planning in the way of windows? I~R. FREYHERR= Itts 60 feet to the big tree and the garage is 7 or 8 feet beyond that. If I go back 15 feet the windows at the extren~ back would go beyomd the garage. 15 feet wcutdbe satisfactory. THE C~IRMAN~ I don~t think you weuld want a porch on the front. 1~. FREe, ERR: The entx? door will be on the f~ont, and a kitchen door on the side. I~. BERGEN: If yeu put a porch on there you would have to abide by ~ feet. TH~ OHAIRNAN: Is the~e anyone present who wishes to speak against this application? (Thex. e was no response.) After investigation and ~nspection the Board finds ~hat applicant ~equests permission to construct dwelling with insufficient living a~ea and side yard on l~emises located on the westside of Third ~t~eet, New~Affoik, New YOrk. The Board finds that ho~s in the immediate area are on simila~ size. plots of land and a~e less than 850 sq. ft. in size; that the new dwelling will be oceupisd by applicantte mother; that the size of the Bedrooms planned by applicant meets requirements of the Town. Tho Boa~d recognizes a pre-existing situation and agrees with the reasoning of the applicant. The Boa~d finds that strict application of the Ordinance would produce, practical difficulties ir unnecessary ha~dship; the hardship created is =nique and would not be sha~ed by all p~ope~ties alike in the im~w~diate vicinity of this p~opertyand in the sams use dist~Ict; and the variance will not c~age t~ae character of the meigh~o~hood, and will observe the spiri~ of' the Ordinance. On motlon~ 1~. Glllispis, seconded by ~. Bergen, it was Ne _RESOLVED Richard Preyhe~, 530 COlumbUs Avenue, East Patchogue, w ..~.erk, be GRANTED permission te conStruCt dwelling'with suffEcis~t lt~. ~ea and side Y~d on premises loc~ed on ~he west side of Th~ ~t~et, New ~ffe~, New Yo~k, as applied f~, subject to the fol~i~ co~t~tons: 3outhold Tew~Boa~d of Appeals -9- August 10, 1972 Vote of the Boa~d: That the new dwelling shall be ne closer than 2} feet to the That new dwelling ~hall b~ mo closer than 15 feet ~o ~he front yard line. Permission for eor~tructlmg dwelling is limited te two yea~s. Ayes=- ~ss~s: Gi~ispie, Bergen, ~lse. PUBLIC HEARING: Appeal No. 1632 - 8:30 P/M. (E.S,T.), upon application e£ Ruth Slean GimBer~at, Westphalia Road, ~attituck, New York, for a variance in acc~damce with the Zo~i~ ~dlmance, ~tic~ III~ ~c~ion 301 a~ pe~mtssiem to dividep~ope~ty with imsufftcie~t f~ontage. Loca~ion of p~ope~ty: n~ si~e efWes~p~lia Ave~e, ~t~tuck,.~ew b~ded nem~h~ the O~ek; east By Westin; s~thby Rosanen; and ~st by BUbte~. F~ paid $15.00. The Chairma~ opened the hea~ingby reading the application a variance, legal n~ice of hea~tng, affidavit attestimg to its p~blication im the official newspapers, and notice to the appllca~t. THE CIlAg: Is there anyone present who woshes to speak f~ this applicati~m? RUTH ~M3AN GIMBERNAT: We have Just sold the house. (l~s. Gim~ernat a~d B~a~d studied I<aps amd discussed property a~d right-of- way ). T~E C~AIRNAN: When did y~sell this piece? ~. GII~ERI~AT: The closing will be the 21st of August. We want to split the prc~e~y in half. 1~. HOWARD TER~, Building Inspecto~: I told Fm. and I~s. Gim~ex~at that they weuld need 280A because they have to have approval ever the existing right-of-way. THE CJ[AIRt~N= We will deft~e the Righ~-o£-way as show~ in the survey. Dc y~A want to split it down the middle? ~S. 'G~NAT: I thought of that but the land slopes at the wat®r end. (l~s. Gfmber~at and Bosmd discussed dimensions and access). ~. FRED ~I~E, JR.:. Before you ca~ get a Building Permit you have to have approval of access. Se~thold Tew~ Bea~d of Appeals -10- August 10, 1972 THE CNAIRNAN: A~e we in the position of putting access on somebody elsets property? (N~s. GimBermat indicated on the Nap the piece of property they bought in X967). THE 0EA~RNAN: What access do y~u require with that? Does it show on you~ Deed? MS. GII~ERNAT: Yes. I have an agreement that if he wants move the access he. w~uld have te move the lime up here ( indicating map). THE CNAIRNAN: YOU do h~ve a document. ~. GII~ERNAT: Ye~. Iris in the Deed. THE CNAIRNAN: How a~e you able to use this access? I~R. GI~BERNAT: That*s where it was. It's the only read in there. THE C .HAXRNAN: TechniCally, y~u a~e t~espassimg. You a~e using this road by ~ustom and aseage. You should have legal access. I~S~ GI~ERNAT: 1% feet ala~g the l~operty line sh~ws in the Deed. He talked about selling half ef his pro_perry back here (indicating map). THE CNA~IAN: This is a position I hope n~ to get into... approving access over semebedyts p~operty, not your prepex~y. I~R~. GI~ERNAT: Is not this established after 50 yea~s of use? THE CNAIRNAN: I would like to discuss this with the Town attorney. I thi~k wa a~e in basic agreement with you en the division. Could you get us the Deeds, b~i~g them in to the Building Inspected, and I Will talk te ~ l~gal c~nsei. ~e have %o hold a pul~ltc meetimg te make our decision. On motion by Nv. Gill~spie, seceded by Nv. Bergen, it was RESOLVED that %he '~outhold Town Boa~d ~f Appeals postpone decision on-Appeal No. 1632, R~th Slean Gimbex-nat, Westphalia Road, NattituCk, New Y~rk, until fu~the~ notice. Vote of the Boa~d: Ayes:- Nessrs: Gillispie, Bergen, Hulse. ,'~uthold Town Bo~md of' Appeals August lO, 1972 PUBLIC'BEARING: ~Appeal Ne. 1633 -8:40P.M..(E.S.T.), upon applicatio~ of RObe~ Cooper, Osprey Nest Read, East ~a~ion, New Yo~k, fc~ a variance in ace~dan~ III, ~ctlon 303, f~ ~ss-ion ~o bmi~ addition en existi~ dwe~i~a~e~eed setbac~ ~catien ef~ty: s~th side ef Osprey Nest R~ad, Eas~ ~ien; I. Fee ~ld $1%.00. The Chairman opened the hea~i~gby reading the application for a variance, legal notice of hea~i~g, affidavit attesting to its publication in the official ~ewspapers, amd notice to the applicant. T~E C~AIRMAN: Is the~e anyone present who wishes to speak for this applica~ ien~ (There was no response.) T~E 0HA~: Is there anyone presen~ ~o wishes $o speak ag&~st this application? ~ (There was ne response.) Afte~ investigation and inspection the'Board fimds that appliean~ requests permisstom to build addition on existing dwelling amd ~eduoed setback at t~emises located on ~ s~$h side of 0sp~ Nex~ R~, East ~len, New Ye~k. The findi~s of the B~d ts set at ~ ~le ~o a curve ~n t~ ~e~; and ~t ,~anti~ ~his ~e~es~ will n~ u~u~ i~i~e ~ t~ ~ont y~d set back. T~ B~ fl~s that s~lct appltca$1~ of the ~di~amce w~ld p~uce ~dship ?~ea~ed Is unique a~ w~ m~ be s~ed by all p~e~ies alike in use~dis~ic~; a~ ~ v~tamce wi~ not c~e t~ c~acte~ of t~ neig~h~, a~ will obse~ ~ spirit ~ the ~dinamee. On motlonBy ~. Gillispte, seconded by Hm. ~Alse, it was ' RES0LVEDRobert Cooper, Osprey Nest Road, East l~a~lon, New York, be ~TED per,ssi~ to build addition on existing ~welling and reduced ss~ack at p~emlses I~ated oD the south side of Osprey NestR~d,.EasSNs~ion, New York, as applied Veto of ~he Boa~d: .:Ayes:-Mess~s: Gillispie, Bergen, ~Alse. ~outheld Town B~rd e£ Appeals PUBLIC HEARING: Appe al l~o. 1638 - 8:%0 P.I/. (EoS.T.), ut~on appllcatiom af Marcus Bx-yan amd Jeanne B~yam, 108 Wedgewood Drive, Coram, New Y~k~ for a variance in accordance with th~ Z.onin8 0rdtnamce, Article III, ~eotlen 301 fe~ permission to divide property with insufficient frontage and a~ea. Legation of property: Lots No. 2 an~ 3, _Nap ef Birch Hills, Glen Court, Cutchegue, New York, Map no. 4908. Fee paid $15.00. The Chairman opened the hea~tng by reading the application for a variance, legal notice ef hea~ing, affidavit attesting to its publication im the official newspapers, a~d motice te the applicant. T~E OHA~: Is there anyone present who wishes to speak fay this applicat ion? GAR~ ~. OLSEN, F~.: I do have in m~ possession a letter from Richard La~k ~o is the P~esident of Bi,ch Hills Ass~ciatiom se~ting f~h ~ a~ ~he le~s ~ei~ si~ a~ sep~ate ~e~ship excep~ fo~ t~se two- Lo~ Nos. 2 a~ 3; a~ Le~s Ne. 13 and ~ a~e ~ ~y one ~. A~ othe~ le~s ~e im sidle ~ separate o~e~shlp. THE CEA~I~NAN: Does this ge back quite a way? MR. OL~EN: It was filed tn 1967. I don~t think a variance would change the character of the a~ea. By not granting I think you, might have'l~os. 2 and 3 merged into one big lot, particula~ly as they a~e water fre~t lets, and the applicant would suffer a severe financial hardship if he were fo~ed ~o build on a let that was twice the size and value of lets in the a~ea. Let No. 1 is in single and separate ownership. THE ~: What a~e these lets w~th? MR. OI~E1/: AbOUt $16,000 apiece. Lot No. ~ has' been approved. Immediately to the east of eu~ lot is a Pa~k Playground, 100 feet wide.. 1~o one could Build en that. On the ~orth is a ce~timmatiom of the pa~k and playground. THE CHAIRNAN: Is there anyone' p~esent who wishes te speak against this applica$ien? (There was ne response.) After investigation and inspection the Board finds that applicant requests permission to divide property with insafficismt frontageand a~ea located in Birch Hills, Cutch~gme, New Yeek. The Bea~d agrees with'the ~easening e~the applteant~ as all of the other lots ave in single and separate ownership. The Boa~d finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and weuld net be shaved by all properties alike in the immediate vicinity of this propertyand in t~e.~ame ~se district; and the variance wil~ not change the c~aracter or ~e nezghborheod, and will observe the spirit of the 0~dinanee. 3o~thold Town Beard of Appeals -13- Augnst 10, 1972 On motion By ~m~-. Gilltspie, seconded by 1~. Bergen, it was RESOLVED I~arcus B~yan and Jeanne B~, 108 Wedgewo~ D~i~, Co, am, New Yo~k, be ~ pe~ission to divide p~pe~ wi~h imsufficiem~ ~a~ and ~ea, Lots Nos. -2 and ~, ~p of B~ch Hills, G~ C~, Cuteho~e, New Yo~k, ~p No. ~9~8, as ~plied Vote of the Bea~d: Ayes:- Nessrs: Gtlltepie, Bergen, ~ulse. PUBLIC HFJ~ING: Appeal No. 1620 - 9:0% P.M. {E.S.T.), upon application of GeOrge Ahlers, 8%% Eugenes Road, Outcho~e, New Y~k, f~ a v~e in acco~ance wi~h ~ Zoning ~dinance, ~ticle ~e~!~ 301, f~ ~ssien ~e build addition en ex~i~ dwelling with ~ss ~ ~e~i~ed ~e~ y~d ~ea. Location ~f mo~h si~ ~ ~gemes ROad, Ou~cho~e, New Y~k, b~ded ne~h by Zab~tSk~; .e~t ~ ~i~en; s~th by E~genes Road; west Fe® paid $15.~0. ' The Chairman opened the hea~ing by reading the application for a variance, legal notlee of hea~ir~, affidaYit attesti~g to its publicatio~ im the official newspapers, and notice te the applicant. this aPPliC~tiem? 8. : I do~,t know tha~ I cam add too'~oh but I can. sh~w on doing. The peel is 10 feet f~om the back have, tried to buy p~opex~¥ f~em the gentleman who~ owns p~epe~ behind but he is not interested in selling any of it. I Wc~ld like to put an enclosure up .to ~he lot line. ~mat I ~r. isio~_ is a glas.s. ~e?~..that w~uld be supp~ed by ~ted bea~. ~ew A cam span ~me m~s~ce. T~ peol~is 20' x 40'. I p~pese te sp~ ~th~ ~ ce~s. It would ~ a ~6~ cle~ span. I wem~ e~i~se ~ whole thl~.. I w~ put stack, not fo~img ~u2 slidi~.., fo~ t~acks a~ each panel w~fee~ wide, T~ whe~ thi~ c~ld be ~emed s~ of syste~ ~e~e ~ ~ef c~ld be mo~d back. I~ w~ld be ~e~ed g~ss. I ~ve not p~iced ~his. I wan~ed, f~st, to find ~t if y~ w~ld g~ ~ong with it. THE CItAXRMAN: What ¥~A axle talking about might cost mo~e than 7our ~G~. ~: I have five children and the kids practically live the pool. S~thold Tew~ Bea~d of' Appeals August 10, 1972 TBE CHA~.NAN: Is your stockade fer~e ~a the line? 2. AHLER~: Yes. T~E C~A~: I think the enclosu~ should ~e off t~e li~e. 2. ~E: ~pposi~g yew neigh~m, p~ts a femee on t~e line? 2. A~S: F~fenoe is Just inside m~ line. T~E G~A~: I think we w~Aldwant you to go 2 feet off line. What we a~e asked ~e~eonsider is useage of rea~ yard a~ea. ~"~fs w~ld take it up to ~0~. You a~e permitted 40%. (The Beard and ~.,Ahters discussed the fence and size of t~e yard). I t~ink we we~ldwant ye~ te go 2 feet off the lime. TH C~A~AN: Is t~ere anyone present who wishes to speak against this application? (There was no response.) After i~es~gatic~ and inspection the Board fi~s that applicant r~ests permission te build addition on existing dwellimg with less than ~e~i~ed rea~ yard a~ea om the neath side of Eugenes Read., Outcheg~e,' ~ew York.' The Beard finds .t~at meet ef the stx,Aot~e we~l~ ~e glass enclosing an existing peel. The Boa~d agrees with t~e reasoning ef the applicant. The Bca~d finds tha~ strict appltcatiom ef the O~di~ance would p~e~uce p~actieal ~ifficulttes ~ um~ecess~~ship; ~e ~dship c~ea~ed is u~t~e ~ ~u~ not be s~ed ~y all p~e~ties alt~ ~ i~dia~e vicini~ of ~hls p~o~ a~ im ~ sa~ use dis~rtc~; ~ ~ ~ta~ce will net e~mge ~he ch~aete~ ef ~he nei~be~he~, a~ will ebse~e the sp~t ef t~ O~tna~e. On m~tionb~ ~. Gtllispie, secemded by F~, Hulse, it was RE~OLV~D ~ee~ge Ahlers, 855 Eugenes Road, Outohegue, ~ew York, be ~ pe~missi~ te butl~ addition em existimg dwelli~g with leSS than ~e~ ~ai~ed ~ear yard a~ea located om the north side of E_~.gene~s Road~: Oute~oegue, New York, as applied for, subject te the ~elXewl~g co, it Ion: That ne portion of the mew glass structure shall be closer than 2 feet tea Ie~ l~ne. Vote ef the Bca~d: A~es:- F~ssrs: Gllliapie, Bergen, ~lse. 5~uthold Town B~a~d of Appeals August 10, 1972 PUBLIC ~$~XNG: Appeal No. 1637 - 9:30 P.M. (E,8.T.), upon application of Ellsworth O. Grathwohl, Nassau Point Read, 0utohogue, New York, fo~ a speotal exception in acoo~damce with the ~.oni~g ~dinance, A~icle III, ~ection 300, SuBsecti~n' B-~!, fc~ permission to held a yard sale en September 1 and 2, 1972. Location of p.~o.p, erty: Lot #157, I~ap of Nassau Point, 0utchogue, New York. ~ee paid ~15.00. The 0hai~man opened the hea~ing By readimg the application f~ a special exception, legal notice of hea~ing, affidavit attesting to its publicati~ i~ the official newspapers, and motice to the applicant. THE C~v~: Is the~e anyone present who wishes to speak f~ this applioa~len? ~t. EL~0RTH O. G~OHL: I am here to speak fo~~ the applicat ion. Tile CHA~: You a~e or~ly per~itted one day for the yard sale. tghich day would you prefer? ~. GRAT~L: ~epte~ber ts~. Could I h~_ve ~epte~er 2nd as a rain date? TIlE OH~RI~N: Yes. THE OH~IRNAN: Is there arFone p~esemt who ~ishes to speak against this applications (The~e was ne response.) After investigation and i~spectiouthe Board finds that applicant requests pe~aissien te hold a y~r~ sale on~eptem~er 1 a~ 2, 1972, Acc~dt~ ~e ~eso~iom of Ju~e 15, 1972 ~ ~ne day is permitted f~ a y~d sale, wi~h c~ ~aim date. The B~d ~ees with ~he ~eas~nlng ef t~ applican~ ~o ch~e ~e~e~ 2 tea ~atn date. The Boa~d finds that ~he public convenience and welfare and Justice will ~e served and the legally established o~ permitted use of nstgh~orhood property and adJeinimg use districts will be pe~'m~l~ently or substamtially imjured and the spirit of the 0~dinanoe will Be observed. 0n ~tton ~y E~. Bergem, seconded ~y I~. Hulso, it was Southcld Tow~ B~d of Appeals -16- August 10, 1972 RE~OLVED E!lswe~th O. Grathwohl, Nassa~ Point Road, Cutchogue, New Yo~k, be ~L~I~2ED pe~aission to hold a yemd sale cn ~eptember 1, 1972, rain da~e ~eptember 2, 1972, subject to comditions of Resolution of the Southolxt Town Board of Appeals dated June 15, 1972, as follows: Po~missi~n is for a one da~ ysmd sale to be held on a specific date, with a specific rain date. Permission is for the sale of household amd personal property of the ~wner and his famllF and may not include property of others unless it is for a charitable pumpose. Vote of the Board: Appltcsmt must provide someone to supervise parking at the ysmd sale to prevent blocking neighbors, dmiveways. Ayes:- liessrs: Gillispie, Bergem, Hulse. P~BLIC tiF~RING: Appeal No. 1636 - 9:3% P.lt. (E.~.T.), upon application of Julia D. Hall, Main Road, 0~icnt, New York, for a special exceptiom in"acco~dance with the Zoning Ordinance, A~ticle III, Section 300, Subsection B-I~, fo~ permission to hold a yard sale on August 12, 1972. Location of property: no~th side cf Main Road, Orient, New Ye~k, beu_~d, ed north 'by E. Adams; east by A. Oecke~ill; south by Main Road; we~ by Right of Wa~ and Monroe. Fee paid $15.00. 2he ~halmman opened the hea~ing by reading the application fe~ a special exception, legal ~otice ef beaming, affidavit attesting to its publication in the official newspapers, and notice to the applicant. TBE OHAIRFAN: Is there a~lFome present who wishes to speak fo~ this application? (There was no response.) THE 0HAIRI~A~: Is there a~vone presentwho wishes to speak against this application? (There was no response.) After imvestigation and inspection the B°a~d finds that applicant requests pemmtssiem to hold a yard sale on August 12, 1972 on premises located on the ~o~th side of Maim Road, Orient, NewYork. The Bosmd finds that the public convenience and welfare and Justice will be sex, ed and the legally established or permitted use of nsighbo~hoed property and adjoining use districts will not be permansntly or substantially injured and the spirit of the O~di~ance will be observed. Seu~hold T~m Board of Appeals -17- August 10, 1972 On m~ton by l~m. Gillispte, seconded bY M~. Hulse, it was RE~OLVED Julia D. Hall, Main Road, O~ient, New York, Be GRA~ED po:remission to hold a yard sale un August 12, 1972 on premises located ~n the nox~h side of Main Road, Orient, New Yo~k, subJeet to Resolution of the ~uthotd Town Board of Appeals dated June15, 1972, as foll~ws: 1. Pe:mmisslon is fc~ a one day ysmd sale to be held a specific date, with a specific rain date. Permission is fo~ the sale of household and ps,soma1 p~eperty of the ~wne~ and his family and may not include p~pe~ty of ~hers unless it is fe~ a chamitable pumpose. 3. Applicant mus~ provide someone to supervise pa~king at the 7smd sale to p~event blocking neigh.~_o~sw d~iveways. Vote ~f the Boamd: Ayes:- ~essrs: Glllispte, Bergen, Hulse. PUBLIC HEARING: Appeal No. 1635 - 9:40 P.M. (E.$.T.), upon applicati~n of J~an and Adelaide Dah~wski, I~myWs Road, I~ttituck, New Yo~k, f~ a s~ exception In ~c~a~e ~h ~ Zo~i~ ~di~nce, ~ie~ ~II, ~c~ion 300, ~bsec~ien B-~, f~ ~missi~n t~ ~o~ a y~d sa~ ~ Au~s~ 26, 1972; ~ain da~e Au~st 27, 1972. L~atlom ~f ~pe~y: wes~ side cf M~in Read, ~tituck, New Y~k. Lo~s ~32, 33 a~ 3~, N~P of G~en ~ei~s, ~2~i~uck, New Y~k. Fee The 0h~i~man opened the hearing by reading the applicatiom fe~ a special exception, legal notice ef hearing, affidavit attesting to its puBlicatio~ in the official newspapers, and no, ice to the applicat fen. . THE C]~.~N: Is the~e anyone presemt who wishes to speak this applicat ~on? (The:me was no respor~e.) 2~E CHAIRI~AN: Is the~e arlene present who wishes to speak against this application? (There was no ~esp~nsoo) After i~est~gati~n and inspection the Boa~d finds that applicant requests pex~uissio~ to hold a yard sale on August 26, 1972; rain date August 27, ~972 on premises located em the west side of ~ain Read, Mattituck, New Yo~k. $outhold Tewm Board of Appeals -18- August 10, 1972 The Beard finds that the public convenience and welfare and Justice will be served and the legall~ established c~ permitted use of neighbor- hoed p~opex~¥ and adjoining use districts will not be permanently or substantially injured and the spirit of the O~dinance will be observed. motion by M~. Bergen, seconded by ~. Ealse, it was RE~OLVED John amd Adelaide Dabrowski, Navy,s Road, F~ttituck, New York, be GRAN~gD permission to held a yard sale, as applied for, en August 26, 1972; rain date August 27, 1972, on p~emises located on the west side of Main Road, Mattituck, New York, subject to conditions of Resolution of Se~thold Town Board of Appeals dated June 15, 1972, as follows: 1. Permission is for a one day yard sale to be held on a specific da~e, with a specific rain date. 2. Permission is for the sale 'of household and personal property of the owner and his family and may net include p~pert~y of others unless it is for a charitable purpose. 3. Applicator mast provide someone to supervise pa~king at the yard sale to prevent bl~king meighbe~s.~ d~iveways. Vote of the Boa~d: ~A~ves:- Messrs: GiLlisple, Bergen, Hulse. P~BLIC HEARING: Appeal Ne. 163~- 9:45 P.M. (E.~.T.), upon application of Elizabeth K. l~reede, Box 12%, ~emthold, New York, for a special exception in acc~dance wi~h ~ Zeni~ ~dinance, ~ticle III, ~ction 300, ~ub- sectiem B-~, f~ pe~ssion ~o ~ho~ a y~d sale on Au~st 19, 1972; rain date Au~st 20, 1972. Location of p~ope~ty: north side cf N~h Ro~, ~u~held, New Yo~k, b~nded no~h by ~wicki; e~t ~ ~oskoski; s~$h by No~h Ro~; ~st by ~wickl. Fee paid $1~.00. The Chaix~man opened the hea~ing by reading the application for a special exception, legal notice of hea~ing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. TEE OHAIRNAN: Is the~e am~one l~esent who wishes to speak for this applicat ion? (There was ~o response.) TEE CHAIRNAN: Is there arlene present who wishes to speak against this applicat ion? (The~ was no response.) After investigation and inspection the Board finds that applicant requests permission to hold a yard sale on August 19, 1972; rain date August 20, 1972. Leca%ion ef property: north side of Nm-~h Road, So~thold, New York. S~utheld Tow~ Bea~d of Appeals -19- August 10, 1972 On motion by 1~. Bergen, seconded by I~o Hulse, it waw RE~0LVED Elizabeth K. Freede, B~x 125, Seutheld, New York, be GRANTED permission to held a yard sa~ en ~s~ 19, 1972; ~ain date Au~st 20, 1972, ea p~emises located on ~ n~th side of No~h R~d, 3~thold, New Yo~k, s~Jec~ te ReseCtion of the ~tho~ T=~ B~d ef Appeals dated June 15, 1972, as follows: 1. Permission is for a ~ae day yard sale to be held on a specific date, with a specific rain date. Permission is fe~ the sale of household and personal prope~y of the owner and his family and may not include property ef others unless it is fe~ a charitable purpose. 3. Applicant m~st provide semeeme to supervise pa~king at the yard sale to p~event blocking meighberst driveways. Vote of ~Bea~d: Ayes:- ~essrs: Gillispie, Bergen, Hulse. PUBLIC BEARi~G: '~ppeal No. 1631 - 9:50 P.M. (E.S.T.), upon application of ~nita Pylko, 6075 Pequash Aromas, Outchogue, New York, fo~ a special e~eptten in a~eordance with the Zoning 0~dinance, A~ticle III, ~eetion 300, ~Bsedtien B-I~, for permission to held a yard sale enAugust 12, 1972; rain date August 13, 1972. Location of property: southeast co~ner Pequash Avenue and East Road, Omtchogue, New Yo~k, bounded north by East Road; east by Bollhaefer; south by Bellhaefer; west by Pe~aash &venue. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exceptiom, legal motice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. TH~ O~A~I~I~: Is there an~ene present who wishes to speak fo~ this applicatlem? ANITA FffLK0: ~rhat is the reason for this 0~dinance? THE C~AIRI~AN: 'We have talked about revising the O~dinance. · It was set up this way because of people who x~n cemtt~ueus y~d sales on thei~ f~ent ~s caus~ t~fic Ja~. ~e hope ~his can be handled by permit In the future when the O~dinance ~s ~evlsed. THE 0I~A~R~AN: Is the~e a~ome present who wishes to speak against this application? (There was no respemse.) Southold Tewn Bo~d of Appeals -20- August 10, 1972 After investigation and inspection the Boa~d finds that applicant requests permissiomto hold a yard sale on August 12, 1972; Fain date August 13, 1972- on premises located on the southeast ce~ner of Pequash Avemme and East Road, Outchogue, New York. The Boa~d finds that the public convenience and welfare and Justice will be served amd the legally established or permitted use of neigh- borhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Nv. Gillispie, seconded by Nv. Bergen, it was RE~OLVED Anita Pylko, 6075 Pequash Ave~e, Cutchogue, New York, be GRANTED permission to hold a yard sale on Amgust 12, 1972; rain date August 13, 1972, on premises located on the southeast co~ner of Pe~uash Avenme and East Road, 0utohogue, New Yo~k, as applied for, subject to conditionsofResolutien of ~outhold Town Board of Appeals dated June 15, 1972, as follows: 1. Permission is fe~ a one day yard sale to be held on a specific date, with a specific rain date. 2. Permission is fo~ the sale of household and personal property of the owner and his family and may not include property of others unless it is fo~ a charitable purpose. 3. Applic~ nt m~st provide someone to supervise pa~king at the yard sale to pz,~vent blocking neighborsl driveways. Vote of the Boa~d: Ayes:- Messrs: Gillispie, Bergen, Hmlse. PUBLIC NEARING: Appeal Ne. 1630- 9:55 P.M. (E.$.T.), upon application of Thalia ¢iap~ta, ~oundview AvenUe, Southold, New York, for a special exception in accordance with the Zoni~ Ordinance, A~ticle III, Section 300, ~mbseotlon B-14, for permission to hold a yard. sale on August 26, 1972; rain date Augmst 27, 1972. Location of property: bOunded ne=th by Nichel; east by Right of Wa~; so~th by Donapria; west by Donaprta, ~outhold, New Ye~k. Fee paid,IS.00. The Chai~an opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication i~ the official newspapers, and notice to the applicant. THE CHA!ENAN: Is there anyone presemt who wishes to speak for this application?. (There was no response. ) THE CF~IRNAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -21- August 10, 1972 After investigation a~d ins] requests permission to hold a ym August 27, 1972 on premises bou~ Right of Way; south by Donapria; The Boa~d finds that the 1;~ul JUstice will be served and the M use of neighborhood prope~t~ and )ection the Board finds that appllcar~ .d sale en August 26, 1972; rain date ~ed on the no~th by Hichel; east by west ~y Donap~ia, ~tho~, New Yo~k. ~lic convenience amd welfare and ,gally established or permitted adjoining use districts will mot be permanently or substantially injured and the spirit of the O~dina~ce will be observed. On motiomby Fm. Gillispie, seconded by F~. Bergen, it was RE~OLVED Thalia Claputa, 3oundvlew Avenue, ~e~thold, New York, be ~RANTEDpermissionto hold a yard Sale on August 26, 1972; rain date August 27, 1972 on premises bounded on the north by Michel; east by Right of Way; se~thby Donapria; west by Donapria, S~uthold, York, as applied fo~, subject to the Resolution of the SoutholdTown Board ef Appeals dated June 15, 1972, as follows: 1. Pe~aission is for a.ons day yard sale to be held on a specific date, with a specific raim date. Permission is fe~ the sale of household and personal property of the owner and his family and m~y mot Ir~lude property of others umless it is for a charitable purpose. 3. Applicant mast provide someone to supervise parking at the yard sale to prevent blocking neighborst driveways. Vote ef the Board: Ayes:- l~essrs: Gillispie, Bergen, ~ulse. 2UBLIC HEARING: Appeal No 1628- 1 - . 0.00 P.~. (E.~.T.), upon application of~a~Y Cecc~ini, Lake D~ive, Southold, New Yo~k, for a specialexceptton in accordance with the Zoning Ordinance, Article III, Section 3~0, .S~Sectl'onB-l~, for permission ~o hold a yard sale on Aug~st 19, 1972; rain date A~gust25,1972. L~catlom of property: se~th s~de ef Lake Drive, ~o~thold, New York, bounded north by Lake Drive, .Bouthold, New YOrk; east ~y A. Orr; south by G~eat Pond; west by Stlverstei~. Fee paid $15.00. The Chairman opened the hearing by reading the appllcatien for a special exception, legal no, ice of hearing, affidavit attesting to its p~bli~ation in the official newspapers, amd notice to the applicant. THE CHAIRNAN: Is there ar~ome present who wishes to speak for this application? (There was no response.) aomthold Town Bo~ ef Appeals -22- August 10, 1972 THE 0HAIRNAN Is there anyone l~esent who wishes to speak against this applicatien~ (There was nexesponse.) After investigation and inspection the Boa~d finds that applicant requests permission to hold a yard sale on August 19, 1972; rain date August 25, 1972 on p~emises located om the south side of Lake Drive, · euthold, New York. The Boa~d finds that the public convenienc® and welfare and Jmstice 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 0~dinance will be o~se~ved. 0n motion by F~. Bergen, seconded by ~m. Gillispie, it was RE~OLVED Na~y Oecchini. Lake Drive. ~outhold. New York. be aED petrols, sion to hold a yard sale ola AugUst 19, 1972; rain e Au~st 2~, 1972 on premises located om the south side of Lake Drive, ~outhold, New York, subject to conditions of Resolution of the Southeld ~owm ~ea~d of Appeals dated June 15, 1972, as follows: 1. Permission is for a .one day yard sale to be held on a specific date, with a specific ~aim date. Permission is fe~ the sale of household and personal property of the owner and his family and may not include property of others unless it is fo~ a c~a~itable p~pese. 3. Applicant must provide someone to supervise pa~kimg at the yard sale to prevent blocking ~eigh~o~s~ driveways. Vote of the Boa~d: Ayes:- Messrs: Gillispie, Bergen, Hulse. PUBLIC ]~EAR~G: Appeal No. 1627- 10:05 P.M. (E.S.T,), mp~n application of I~w~:old and Est~ ~ol, Cmtehe~e, New Yo~k, f~ a special exee~te~ in acco~ance with Zomi~ ~dimance, A~ttcle II~, ~ctl~ 300, Subsection B-1;~, ~miss~ to ho~ a y~ s~e en ~st ~, 1972; ~ain date A~st 19, 1972. Lcca~lon ~ ~e~ty: e~t side ~ Oak Street, Outehe~e. New Yo~k. ~ots ~ and 2~. ~p of E~ene He,hfs. Cmtoh~e.. Fee paid $15.00. The Chairman clmemed the hea~ing_ by r~ading the application fo~ a special exception, legal notice o~ hea~ing, affidavit attestir~ te its puhlicstion in the official newspapers, and notice to the applicant. (The~e was no ~esponse.) TR~ CNAIRNAN: against this application~ Is there arlene p~esent who wishes to speak (There was no respo! After investigation requests pe~mission to he August 19, 1972 on p~emis Outchogue~ New Yo~k. Se · ) and fmspeetion the Besmd finds that applicant id a yard sale on August 12, 1972; rain date es located en the east side of Oak2treet, The Boa~d finds that Justice will be served ar use of neighborhood props be permanently or sub.star O~dinance will be observe On motion byl~m. Gi] REHOLVED !Iaz, old sm~d the public convenience and welfare amd d the legally established or permit%ed rty and adJoimi~g use districts will mot tially injured and the spirit of the d. lispie, seconded by N~. HulSe, it was Esther Whet, Oak 3t~eet, Eugene Heights, Cutchogue, New York, be GRANTED permissioa~to hold a yard sale on August 12, 1972; ~aim da~e August 19, 1972 on p~emises located on the east side of Oak~treet, Cutchogue, New York, as applied subject to conditions oflResolutoon of ~he ~euthoidTown Boa~d of Appeals dated June 15, 1972, as follows. 1. Permission is for a one day yard sale to be held on a specific date, with a specific rain date. 2. Pe~mls.sion_i.s. fgr ~he sale of h~useheld and personal p~oper?¥ or_ ~_? owner and his family and may not include p~oper~¥ of others unless it is for a charitable purpose. 3. Applicant must D~evide someone to supervise packing at the yard sale ~ prevent blocking neighbors., dmiveways. Vote of the Beamd: Ayes:- Messrs: 6illlspte, Bergen, Hulse. PUBLIC HEARING: Appeal No. 1626- iO:ZO P.M. (E.S.T.), upon applicatien'of G.T,G. PeSt American Legion Auxlliamy, Natn Roa~, ~cuthold, New Ye~k, for a special exception in accordance with the Zoning O~dinance, Ax~icle III, Section 300, Subsection B-14, ~outhold Town Boa~d of Appeals -24- August 10, 1972 for permission to hold an Antique Flea ~ket Sale on August 19, 1972; ralm date August 20, 1972. Looatiom of p~operty: G.T.G. American .Legion, Hain Road and Tucker Lane, Seuthold, New York. Fee paid $1~.00. The Ohairmam opened the hearing by reading the application for a speciaX exception, legal motice of hearing, affidavit attuning to its publication in the official newspapers, and notice to the applicant. TRE0~IRF~N: Is there anyone present who wishes to speak for this application? (The~e was ~o response.) THE 0HA~: Is there anyone present who w~shes to speak against this.application? (There was no response.) After investigation and inspection the Board finds that applicant requests permissiom to hold an.Antique Flea M~ket~Sale on August 19, 1972; rain date AUgust 20, 1972 on premises of G.T.G. American Legion, Hain Road and 'Tucker Lane, ~outhotd, New York. 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 er substantially injured and the spirit of the Ordinance will be observed. On motion by ~. Gillispie, seconded by' RE~0LVED G.T.G. Pest American Legion Auxilia~y, ~Iatn Road, ~uthold, New Yo~k, be GRAl~TED?e~missien to hold an Antlqae Flea ~arket ~a!e on AugUst 19) 't972; rain date August 20, 1972, on t~eemises of G.T.G. American Legion, Haln Road and Tucker Lane, Southold, New York, subject tO conditions of Resolution of ~o~thold Town Board of Appeals dated June 15, 1972, as follows: 1. Permission is for a one day yard sale to be held on a specific date, with a specific rain date. Vote of the Board: 2. Permission is for the sale of h~sehold and personal p~operty ortho owner and his family and may not include proper~y of others unless i~ is for a charitable purpose. 3. Spplica~t mst. provide someone to supe~vise parking at ~ne ya~a sale ~o prevent blocking neighborst d~iveways. Ayes:- Messrs: Gtllispie, Bergen, Hulse. ~outhold Tew~ Boa~d of Appeals August 10, 1972 PUBLIC HEARi~TG: APpeal No. 1625 - 10:15 P.M. [E.S.T.), upon application of Goose Bay Civic Association, Oak Avenue, Southold, New York, for a special exception lm accordance with the Zoning O~dtnance, A~ticle III, SeCtion 300, Subsection B-I~, to held a yard sale on August 1~, 1972; rain date Augmst 13, 1972. Location ef p~operty: Ceda~ Avenue amd Oak Avenue, Goose Bay Estates, ~omthold, New York. Fee paid $15.00. The Chairman opened the hea~Img By reading the application for a special exception, legal notice of hea~ing, affldavi~ attesti~g to its publication in the official newspapers, and notice to the applicant. ~ CHAIRI~AN: Is there anyone present who wishes to speak for this appltcatiem~ (There was mo response.) T~E OI~IR~AN: Is there anyone present who wishes to speak against this application? (There was no response.) Afte~ investigation and ibspection the Board~nds that the applicant requests pe~sston tohold a yard sale on August 12, 1972; rain dateA~gust 13, 1972 at 0eda~Avenue and Oak Avenue, Goose Bay Estates, ~outhold, New York. Th~_ Beard finds that the public convenience and welfare and Justice will be served and the legally established or permitted use of metghberhm~t property and adjoining use districts will net be permamen~l~ or substan%ially injured and the spirit ef the Ordinance will be observed. On motle~by ~, Gillispie, aeconded By.~. Bergen, it was dated June 15, 1972, as follows: 1. Pe~m~ssiom isfe~ a one day yard sale to be held on a specific date, with a specific rain date. 2. Permission is for the sale of household and personal p~operty of the owner and his family and may not include property of others unless it is for a charitable purpose. ~outhold Town Boa~d of Appeals -26- Augus~ 10, 1972 3. Applicant ~ast provide someone te~ supervise pl~king at ~he yard sale to prevent blocking neighbors~ driveways. Vote of the Board: Ayes:- Nessrs: Glllispie, Bergen, Hulse. PUBLIC HEARI~G: Appeal No. 162~ - 10:20 P.M. (E.S.T.), application ef Old Cove Yacht Club, Old Ha~bor Road, New New Ye~k, f~ a s~elal exeepti~ in accordance wi~h ~he Zeni~ ~i~n~e, ~tiole III, ~e~lon 300, ~bse~ton B-~, for pe~missien ~ held a y~d sale on ~s~ 11, 1972; ~ain da~e ~$~ ~, 1972. ~ea~ion of prope~y: 01d Cove Yaeh~ C~b, e~ of 01d H~b9r R~d, New ~ffolk, New Ye~k. Fee ~td $15.00. T~ O~~ epe~d t~ ~i~ by ~eadi~ f~ ~ s~al exception, ~gal notice of he~ing, ~fidavit attesting te its publication in t~ official newspapers, a~ m~ice te ~ applicant. THE CHAIRH~N: Is there anyone present who wishes to speak for this application? (There was no response.) TBEONAIRNAN: Is there anyone p~esent who wishes to speak against this application? (There was no response.) After investigation and inspection theBoard finds Shat applicant requests permission to hold a yard sale on August 11, 1972; ~aindate August 12, 1972 on premises located at the end of Old Harbor Road, New Suffolk, New Yo~k. The Boa~d finds that the public convenience and welfare and Justi=e'wtllbe seX'red and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanentl~ or substantially injured and the spirit of the O~dinamee will be obse~ved. On motio~by N~. Gillispie, seconded by Nv. Hulse, it was R~SOLVED 01d Cove Yacht Club, Old Ha~b~ Road, New Suffolk, ~ew York, be GRAI~A~D per~ission ~o hold a yard Sale on Augus~ 11, 1972; rain date ~Augmst 12, 1972 on premises located at the end of Old Harbor Road, New Zuffolk, New York, as applied for, subject to conditions of Resolutio~ of the ~outhold Town Beard of ~ppeals dated ~une 15, 1972, as follows: Se~thold Town Boax-d of Appeals -27- August 10, 1972 1. Permission is for a one day yard sale to be held on a specific date, with a specific rain dat~. 2. Permission is f~ the sale of household ar~ personal property of the ~ner and his family and may not ihslude property of ~hers unless it is for a charitable purpose. 3. Applicant mast provide someone to supervise pa~king at the yard sale to prevent blocking neighbors~ driveways. Vote of the Board: Ayes:- Eessrs: Gillispie, Bergen, ~ulse. On motion by Em. Gillispis, seconded lry I~r. Bergen, it was RESOLVED that the m~nutes of the Southold Town'Board of Appeals dated July 27, 1972, be approved, subject to cox~ection of Appeal No. 1598, I~orth l~ork Stables, Inc., Eain Road, Aquebo~Ae, New York; the words "Partly B BuSiness" to be included in sentence readim~ "per~atssi?n ~o use property zoned A_ Residential and Ag~icuI~ural District," as follows: "A Residential and Agricultural District and pa~t!~ "~". Business." Vote of the B~a~d: A~es:- Esssrs: Gillisple, Bergen, ~Alse. · or the Record: Em.. Robert Km~ger from ~estbux~y, L. I. informed the Board that ~ is i~te~s~ed in a piece of p~e~y in two ~ ac~e p~ce~. He w~ li~ to pu~ a dwelling on~ o~ ha~ ~e ~d p~s~ic ~een houses o~ ~he e~he~ p~cel, He said ~nted~o ~e~ ~ B~d~$ ~eac~ion ~o his p~oposa~ ~. Te~ i~d him tha~ ~ 0ove~a~ is 25%' ~. ~uge~ said se~ack ~ Reu~e .27 to t~ no~h would ~e 50 feet and ha interpreted t~ ~dt~ance t~t t~e weu~ have to ~e a setback from each of ~he sidelines of 20 feet. ~ said ~ ~would set ~p the ~e~ h~ses fi~st; ~h$_t it ~ net ~e a ~etail outlet, ~it would Be a who~s~e epe~a~ion... ~st~ fl~ers, c~ysanthe~, etc. He fi~ed t~t A~ ~eSt it w~ take up 10'000 sq. ft. sta~ed t~t ~ weu~ ~t one p~el In his na~ and one tn his wife's ~. (The B~d a~ ~. ~uge~ discussed adv~t~es and disad~mtages of being on ~ln Re~). ~. ~uge~ asked about the t~ ~ate and was te~ ~e see t~'Assesso~s ~pa~t~mt. T~ O~n stated t~he B~d looks favo~aB~ on A~icult~al use. Seve~ (7) Sign Renewals were approved as submitted. Southol~ Town Bea~d ef Appeals -28- Augast 10, 1972 On motion by M~. Gtllispte, seconded by M~. Bergen, it was ~SOLVED that the Semthold Town Beard ef Appeals set 7:45 P.M. (E.S.T.), Th~rsday, August ~, 1972, a~ the T~ Office, ~in Read, $~he~, New Ye~k, ~ ~he ti~ amd place of ~i~ upon appl~ati~ ef Thews ~els, Fis~n~s Beach Read, Outcho~e, New Y~k, for a v~iance in accordance with t~ Zoning ~dinance, ~$ic~ III, ~ctio~ 300, ~bsection 0-2 and 302, fo~ pe~ssion to oo~u~t a~ acoesso~ building In ~he f~on~ y~d ~ea. ~oatien ef proper~y: L~ No. 3, N~P No. 786, Peoonio B~ P~e~ties, Inc., seu~h side ~ivate Road a~ northwest side N~sav Point, Outoho~e, New York. Veto of the Board: Ayes:- Messrs: Gillispie, Bergen, Ealse. On motion by N~. Bergen, seconded by N~. Glllispie, it was RESOLVED that the S~theldTownBoa~d'of Appeals set 8:00 P,M. (E.S.T.), Thursday, August ~, 1972, at the To~ Office, ~ln R~d, ~thold, New Y~k, as t~ t~ and ~lace of he~lng' up~ appli~a~ien ef Ja~s T. Dubovi~k, D.D.S,, ~stead, New Y~k, f~ a v~iance in accordance wi~h Zoning ~dinance, ~icle XII, Section ~04~ ~bsectfOn B, f~ permlsst~ $o c~e use ef non-eo~o~mg business buildi~. Location of p~ope~ty: p~mises ngw o~ formerly of Petty on west side of ~c~nic ~t~eet, ~tho~, New Ye~k, bounded n~th William ~th; eas~ by ~c~n~ Street; s~thby J. Z~cett; west by ~th~ist Vote ef the Beard: Ayes:- Messrs: Gillispie, Bergen, Hmlse. 0n motion by M~. Hmlse, seconded by M~. Gillispie, it was RE~OLVED that the Somthold Town Board of Appeals set 8:15 PoM.-(E~.T.), Thursday, Amgust 24, 1972, at.the T~wn Office, Main R~ad, 8~thold, New Yo~k, as ~he ~l~ and p~ee of he~i~ up~ applicati~ o~'~lvatore amd H~le~ Iadanza, 822 Cenne~quet Avenue, Isli~ Tek,ace, New Ye~k, for a v~iance in accordance wi~h t~ Zoni~ ~di~e, ~ticle III, ~ec~ien 301, and ~etten 303, f~ pe~missi~ to c~t~mct d~ing with less than average seSback. Lecatio~ ef~epe~y: ~ Ne. ~, ~p Ne. ~77,~ient By The Sea, ~etien I, ~ient, New Ye~k. Vote ef the Beard: Ayes:- Messrs: Gillispie, Bergen, H~lse. Seuthold Te~rn Board of Appeals -29 - August 10, 1972 On motion By I~. Gtllispie, seconded by I~. t~ulse, it was RESOLVED that the ~outhold Town Boa~d of APpeals set 8:30 P.M. (E.S.T.), Thursday, August ~, 1972, a~ ~he To~ Office, ~im R~d, S~t~, New Yo~k, as ~ ~i~ amd place of upon applica$i~ ef Dt~a ~os~e~ and Lf~ian A~ Rose, 0~i~en~s ~, ~outho~, New Y~k, f~ a special exception in accordance wl~h ~ Zoni~ ~d~ce, ~Ic~ III, 300, ~B~ectlon B-~, fo~ pe~miss~on to conduct a y~d sale ~st 25 a~ 26, 1972. Location of p~ope~ty: eas~ side C~i~en~s ~, S~hold, New Yo~k, ~ No. 22, Subdivis ion. Vote of the Bosmd: Ayes:- 1/essrs: Gilltspie, Bergen, On motion by He. Hulse, seconded by Mm. Bergen, i~ was RE~OLVED that the Southold Town Board of Appeals set 8:35 P,M. (E.S.T.), Thursday, August' 24, 1972. at the Town Office, Main Road,. 3euthold, New York, as the time amd Place of heaving upon application ef Judith B. Wurtz,. Box iliA, Bay Avenue, Outchogue, New Y~k, for a special exoeptio~ in accordance with the Zoning 0~dlnance, Article III, ~ectiom 300, Su~sectionB-];~, fc~ permission to conduct a ysmd sale o~ ~epte~ber 2, 1972: rain date ~eptember 9, 1972. Location off prope~y: east side o~ Ba~ Avenue, north side of Leslie Road, 'Ou2chogue, ~e~ York, bounded n~th By Ma/y; east by H. l~ice; south By Leslie Road; west ~¥ Bay Avenue. Vote of the Boa~d: Ayes:- l/essrs: Gillispie, Bergen, Hulse. On motion by He.~ Bergen, seconded by He.-m_,lse, it was RF=~OL~ that the ~outheld Town set 8:40 P.~. (E.S,T..), 2~sday, Aagast 24, Tew~ Office, ~ R~, Se~th~, N~v Yo~k, as ~he p~ce cf ~n~ up~ a~lfeation of E~ie L,-P~kin/ B=~ A~.~..-- ,~.- ~ Ye~k, f~ a special exceptl~ tn accO~d~e with ~he Zeni~ ~dinance, ~ticle I~, ~e~ion 300, ~bsectiom B-~, fe~ pe~missiem te he~ a yard sa~ en ~s~ 26, 1972; vain date Aa~s~ 27, 1972; LoCation of p~ope~ty: P~ of ~ No. 150, Nassau-F~ ~bdiv~ion, Cut~o~e, New Ye~k, b~nded ne~h by ~il~y ~ e~he~s; east by A. Per,cci; s~h ~y Bay Avenue; west by w. Vote of the Boa~d: Ayes:- ~essTs: ~illispie, Bergen, Hulse. 3omthold Town Boa~d of Appeals -30- August 10, 1972 On motion by I~. Bergen, seconded by M~. Gtllispte, it was RESOLVED that the ~outhold Town Boa~d of Appeals set P.M. (E.~;,T,), Tlm:~sday, August ~:, 1972,.. at the Town Office, Nain Road, Seuthold, New Yo~k, as the time and place of heaeing upon applicatiom of Edward amd Helen B~ush, ~tillwater Avenue, 0utchogue, New Yo~k, fo~ a special exception in accordance with the Zoning 0~dina~ce, A~ttolel IXI, Section 300, SuBsec. tion B-14, fo~ pemulsslon to hold a yard sale om August 25, 1972, ~ain date September 1, 1972. Location of properS: east side of ~tillwater Avenue, Catchogue, New Yo~k, Bounded mo~th By B. 0rlowski; east By B. /~lowski; south By 0. Crofts; west By Stillwate~ Avenue. Vote of the Board: Ayes:- Ness~s: Gillispie, Bergem, Hulse. On m~tion By N~. Gilltspie, secomded By Mr. Hulse, it was RE$0~ th_~t the 8euthold Town Boa~d of Appeals set 8:50 P.M. (E.S,T.), Thursday, August ~, 1972, .at' ~ Town Office, ~ln Read, SO~hold, New Ye~k, as the ti~ and p~ce of he~i~ upon applicattom of Elizabeth M; Mttche~, ~in R~d, 0~tem$, New Y~k, f~ a s~cial e~eptie~ lm accor~nce wi~h t~ Zo~i~ ~di- nance, ~ticle III, ~ctien 300~ ~bsectiem B,~, fo~ permission hold a y~d sale"on Au~st 26, 1972; ~ain date Au~st 27, 1972. Location ef p~epe~y: ~e~th side 0f ~i~ Road, ~ien$, New Yo~k, b~ded no~h by '~ No. 65, ~ie~t By T~ ~a Section IIj; east p~osed ~o~; s~th by ~in Read; west by Fi~zsi~oms. Vote of the Boa~d: Ayes:-Nessrs: Gillispie, Bergen, Hulse. Om motion By Mr. Hulse, secomde~ By Mr. Bergen, it was RESOLVED that the ~eutheld Town Beard el. Appeals set 8.55 Department, Pike Street, Natt.ituck, New York, fo~ a special exception in accordance with'the .Z~ntng Ordinance, A~ttele III~ Section ~300, EuBsectiom B-14, for permission ~o hold a rummage sale on August 26, 1972. Location of property: southWest corno~ of Pike ~t~eet and Wick_ham Avenue, Nattituck, New YO~k. Vote of the Boa~d: Ayes:- Messes: Glllispie, Bergen, Nmlse. Southold To~n Bo~d of ~l~eals August 10, 1972 On motion by F~. Bergen, seconded by Mr. Gtlllspte, it was RE~0LVED that the Seuthold Town Board of Appeals set 9:00 P.Mo (E.~.T.), Thursday, August 24, 1972, at the Town Office, Main Road, ~outhold, New York, as the time and place of hea~ing upon application of N~_~y Clemens, 7630 Bayview Road, ~outhold, New York, for a special exception in accordance with the Zoning Ordinance, A~ticle III, Section 300, ~ubsection B-I~, for permission to hold a garage sale on August 26 and 27, 1972; rain dates September 2 and 3, 1972. Location of property: south side of Bayview Road, bounded neath by Bayview Road; east by right of way; south by Private Road; west by Reynolds and McPartla~d. Vote of the Boa~d: Ayes:- Nessrs: Gillispie, Bergen, Hulse. On motion by M~. Gilllspie, seconded by ~r. Hulse, it was RE~OLVED that the Southold Town Board of Appeals set 9:05 P.M. (E.S.T~), Tharsday, August 24, 1972, at the Town Office, Nain Road, $outh~ld, New York, as the time and place of hea~ing upon application of Earl Lo Marshall, 20205 Soundview Avenue, · outhold, New York, for a special exception in accordance with the Zoning 0~dinance, Article III, Section 300, Subsection for permission to hold a yard sale on September 2, 1972; rain date ~eptember 9, 1972. Location of property: north side of ~oundview Avenue, $oUthold, New York, bounded north by Long Island Sound; east by Daskalopoulos; south by ~oundview A~enme; west by M. Levejey. Vote of the Boa~d: Ayes:- Messrs: Gtllispie, Bergen, Hulse. On motiomby F~. Hulse, seconded byM~. Bergen, it was RE~0LVED that the ~euthold Town Bcavdof Appeals set 9:10 P.M. (E.~.T.), Thursday, August24, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Eastern Long Island Hospital Aaxillary, Greenpo_~t Bramch, for a special exception in accordance with the Zoning 0~dinance, AX~ic~ III, Section 300, ~ubsectiom B-!4, for permission to hold a yard sale on ~eptember 2, 1972; rain date ~eptember 4, 1972. LOcation of property: premises of JacqUeline Bittmer, north side of Middle Road (Oounty'Road 27), SOmthOld, N~w York, bounded northly ~omndview Avenue; east by W'. Zebroski; s~uthby Middle Read (County Read 27); west by ~epenoski. Vote of the BOard: Ayes:- Messrs: Gillispie, Bergen, Hulse. Town Boa~'d of ~ppeals -32- August 10, 1972 0m m~tion l~y Y~. Bergem, seconded By 1~. Gtlllspie, It was RESOL~ ~ ~ S~ho~ Town Bo~d of Appe~ se~ 9:15 P.E. (E.S.T.), T~sd~, Au~st 2}~_, 1972, at ~i~ Re~, S~the~, New Yo~k, as ~ ti~ and place of ~i~ upon aPPlica~i°n of Rober~ S, B~ke~, Jr., ~50 ~Pton's Point, ~ttituck, New Yc~k, fo~ a ~ec~l exception in acc~da~ce wi~h the Zent~ ~dl~nce, A~ic~ III, ~c~ion 3~0, ~mbsecttem B-~, for permission ~e he~ a y~d sale on Septe~e~ date ~pte~e~ 3, 1972. Location of p~ope~y: ~e~ses of ~s. Robert L. Bergen, n~h side ~ ~i~ R~, ~t~iSUck, New Ye~k, b~ed ~e~th by ~ex ~_pfe~stetm; east by FloralS; ~im R~d, wes2 ~ Frazee. the Boa~d: Ayes:, Messrs: G~llispie, Bergen, EalSe. The Meeting wa~. adjourned at 11:15 P.M. R'°Bert '. Gill~spie, Jr., Chairman