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HomeMy WebLinkAboutZBA-07/27/1972Southold Town Appeals SOUTHOLD, L. !,, N, T~lep~o~eS05~o APPEAl. ~OARD MEMBERS Robert '¢(/. Gillimie, Jr., Chairman Robert Bergen Charles gregonis! Jr. Serge Doyen, .Jr. Fred Hulse, Jr. MINUTE~ SOUTHO.LD TOWN ~OARD OF A.PPEAI~ July 27, 1972 A regular meeting of the ~outhold Town Board of Appeals was held at 7:30 P.M., Thursday, July 27, 1972, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairm~n; Robert Bergen; Fred Hulse, Jr. Also present: ]v~. Howard Terry, Building Inspector. Absent: Messrs: Charles Grigo~is, Jr.; Serge Doyen, Jr. 7:30 P.M. - Decision of the Southold Town Board of Appeals ou ~ppeal No. 1597 on which a Public Hearing was held at 8:30 P.M. (E.~.T.), July 13, 1972, at the Town Office, Main Road, ~outhold, New York, upon application of Florence P. Grathwohl and James W. Pugsley, Fanning Road and Jackson Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article IIi, ~ection 301, for permission to use existing dwelling units as single and separate lots and dwellings. Location of property: south side of Jackson Street, New Suffolk, New York, bounded north by Jackson Etreet; east by Second Street; south by Bay and Robbins; and west by Third Street. For the Record: Prior to stating the decision of the. Board, the Chairman asked for ~. Saland~s agreement to the nuw~ering of the lots. Mr. Joseph Saland (representing Florence Grathwohl and James ~. Pugsley) agreed to the numbering of the lots, as follows: Lot No. l- large house on northwest corner (Jackson and Third); ~ot No. 1A-cottage set off from Third ~treet, part of Lot No. l, Lots No. 2, 3, ~, 5 on ~econd Street, Lot ~o. 6- with access to private beach. After investi~ation and inspection the Board _ands*' that appli- cant requests permzssion to use existing dwelling units as single and separate lots and dwellings on property located on the south side of Jackson Street, New ~ffolk, New Torko The findings of Southold Town Board of Appeals -2- July 27, 1972 the Board are that applicant has owned this property for a number of years prior to the Zoni~g 0~d~nance of 1957; that construction was made prior to that time. The property consists of a large house on the northwest corner, with a garage which is located partly on Third Street; summer cottage which is on a plot 50~ x 100~ and which is set off fro~ Third as part of Lot No. l; Lot No. 2 has lO0~ on Jackson Street x 72~; Lot No. 3- 100~ x 70~. The 70~ is on aecond ~treet~ Lot No. 4 is directly south of Lot No. 3 and has67~ on the easterly boundary which is Second Street, 78~ on the westerly boundary~ 100~ on the northerly boundary and 101~ on the southerly boundary; Lot No. 5 is directly south of ~o~ No. 4 and is 100: x ~. The 100 ~ is on Second Street; Lot No. 6~ 60~ x 100:, facing south from the beach, and connected to ~econd ~treet by a 10~ right-of-way across the northerly end of Lot No. 5. The Bo~d recognizes an existing situation and agrees with the reasoning of the applicant that this proposal will be an improvement rather than a deteriorating factor to the area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecesssa~y 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 will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by ~. Gillisple, seconded by Mr. Bergen, it was R~SOL~DFlorence P. Grathwohl and James Wo Pugsley, Fanning Road and Jackson Street~ New Suffolk~ New York, be GRANTED per- mission to use exzs~ing dwellzng units as single and separate lots and dwellings on property located on the south side of Jackson Btreet~ New Suffolk, subject to the following conditions: 1. That there shall be seasonal occupancy ~ in cottages on Lots ~lA~ ~ and #6; the season to run from March l~th through Novew~er l~th (8 months). 2. No improvements can be made without approval of the Board of Appeals by the provisions of the Ordinance relating to lot coverage. 3. Ar~ prospective purchaser of any Of these six parcels sh~ll be sho~n the decision of the BOard of Appeals &nd shalT ackuow~edge~ recognition to the Board of Appeals. 4. The garage presently located oartially on Third Street shall be abolished or removed to the rear yard area of Lot No. 1. ~. None of these oarcels may be used for mmltiple occupancy, including Parcel lo Th~s ruling does not exclude the rental of the cottage presently on the Third Street line, Parcel lA. Vote of the Board: Ayes:- Messrs: G~l~sp~e~' ~' ' Bergen, Hu!se. ~outhold Town Board of Appeals -3- July 27, 1972 7:45 PoM. (E.S.~) - Dec~sion of the Southold Town Board of Appeals on Appeal No. 1~98 on which a Public Hearing was held at 9:00 P.M. (E.S.T.), July 13, 1972, at the Town Office, Main Road, Southold, New York, upon application of North Pork Stables, Inc., Main ROad, Aquebogue, New York, for a special exception in accordance wzth the Zonzn.g Ormzn=nce, grtzcle III, Sectzon 300, ~ubsection B-12, for permission to use property zoned "A" Resi~ dential and Agrzcultur~l D~str~ct for a riding academy~ Location of property: north side of Main Road, Laurel, New York, bounded north by Catalano~ east by McNamara, Cemetery and Alar~ch Lanes south by Main Road~ west by' Ciaglo Schultz and others~ THE Ci~&.LRM&.N: i, personally, without prejudice to the apolzcant, am agazns~ this location for a riding acade~. Perhaps a more desirable location can be found. One of our guidelines as set forth in the Zoning Ordinance is "The prevention and redu~tzon o~ traffic congestion so as to promote eff_czen~ and safe circu- lation of vehicles and pedestrians". Some of the other guidelines relate to the character of the area~ the depreciation of property, etc. We are requz~em in all of our deliberations to ~ke all of our decisions before the public. Testimony was taken at the Public Hearing which was held on July 13, 1972. We are not taking testimony tonight. If there is a~lvone present who wishes to speak, they may do so after the decision has been stated. Al,er investigation and ~inspection the Board finds that applicant recuests ~ _ permission to use property zoned %" Residential =~m~ cz ~]~azn ~oam, ~aureI~ New York. The Board finds that the mos~ obvzous reason for disapproving the application is the effect the proposed use would have on vehicular traffic. The Board finds it difficult to analyze how much traffic would be enera~em . g ~ ~ ~ by f~fteen horses in the area but, from observing other livery stables in the area, believes it would be considerable~ something in the range of ~0 to 7~ trips to and from a dangerous curve by' people using horses dur_ng the course of a day'. The Police Department has furnished the Board of Appeals with a report of accidents in the last five years in ~ ~ ~hzs area, and the accidents total 58 in the series of curves in which this property is located. The Board feels that it is a most dangerous location and does not wish to add to the fatal~zes that have already occurred at th~s location. The Board finds this type of ~' operation in a residential community with a nearby elementary school to be incompatible. The proposed location is about 465 feet from the elementary school to the east, and about 1200 feet from a restaurant to the west, and is at the point of Route 2~ where trucks are required to detour to go up Aldrzc~ Lane so as not to have to go under a bridge The prob_~em of dust and odor emanat~ ' ~ng fro~ a horse stable operation would adversely affect the conservation of prooerty values on ad'o~=in residential areas. - ~ .... g ~outhold Town Board of Appeals -4- July 27, 1972 The Board finds that the public convenience and welfare and justice will not be served and the legally established or permltt use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordins will not be observed. n motion by Mr. Gzllzspie, ~econded b~y York, be DENIED permiss~n, without prejudice to the applicant, for.permiSsion to use ~operty zoned "A" Residential and Agrzcultural District×for a riding academ~. Location of property north side of Main Road, Laurel, NeW York, bounded north by Catalano; east by McNam~.ra, Cemstery and Aldrich Lane; south by Main Road; west by Ciaglo Schultz and others. Vote of the Board: &yes.-. Messrs: Gillispie, Bergen; Hulse. ed nco Following is transcript of a discussion held after the Decision of the Southold Town Board of Appeals on Appeal No.1%98, North Fork Stables, Inc. E~T~L~N MCANi~TAN (partner): The entrance could be changed to be on Aldrich Lane. All the activity would be behind, it would be all fenced in. Zt is not a transient business. It is strictlyboarding and schooling. THE CHA~IR~MA~N: We can't tell you how to run your business. As a survival matter you might do a number of other things. This is a particularly dangerous area. It seems to me that you would have no difficulty running your business on a side road as people who ride horses get to know where the livery stables are. JAk~ MILLS (President): I looked over the report that the gentleman who lives across the street from the proposed site b~ught in. Of the 58 accidents that were reported, ll happened on that road. I would wager that the Elbow Room generates more accidents, and also the telephone pole that sticks right out of the pa~king lot, than we would. THE CH&IRMAN: I appreciate your point of view. JA~E MILL~: Of the fifteen horses, ten of them belong to b carder s. THE CH~IRM~N: I do know that your ten boarding horses could change to fi£teen riding horses. K~THPdfN MC&NiST&N: We're lucky' if we get ten people a day'. ~outhold Town Board of Appeals -%- July 27, 1972 JANE MILI~: Is it possible to have any kind of report of basic objections of the Board of Appeals? TEE CH~IH~: It's all in the record. J&h~ MIL~: Is it possible for this to be seen? THE CH~IRM~N: When this is typed you will have a copy of the decision. J&NE MILL~: If there are "pros" and "cons" I would llke to know what they are. TM C~IR~N: We have to m~ke our decisions publicly. You can get a copy of the Ordinance from N~. Terry. J&NE MILL~: Is there any place we can appeal this decision? TRE~ CH~IRN&N: You can consult your lawyer. J~E 2~IILL~: ! intend to do that. PUBLIC HEAREG: Appeal Ne. 1618- 8:00 P.M. (E.S.T.), upon application of Raymond H. Deidrick, 346 Murray Hill Drive, Lancaster, Pennsylvania, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 301, for permission to divide property with insufficient side yard on existing cottage. Location of property: north of State Highway, Orient, New York, bounded north by Long island Sound; east by Phyllis Hale; south by Gorwitz and others; and west by Mearns. Fee paid $15.00. The Chairm~n opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. TP~ CPL~IRM&N: The. application is accompanied by a survey indicating that the proposed division of property would place 6.2 plus or minUs ~ acres in the westerly portion o~ the division, 6 acres plus or minus~in the easterly portion of the division; there are two plots approximately 1200 feet in depth with 220 feet on Long Island Sound approached by a right-of-way over land of Tabor. TM C~L&LRMA3~: Is there.anyone present who wishes to speak for this application? ~outhold Town Board of Appeals -6- July 27, 1972 WILLI~AM WiC~M, ~ trying to split the pa~ consideration being the Unfortunately, the div~ pplzcatio.n xs to rect~ westerly s~de moves hit happen because they are line too much. We wou~ still keep the same amc THE HA~IRMAN. I ~ faced, with problems of that ltts a pretty difi of the obligation of ti manner with the Planniz could be made before a question of access shad actual plans for insta~ be approved by the Plaz issued. I~Q.: I would like to say a word. We are col into fairly equal halves. The main division equally of the shore frontage. ding line went through a building. This fy this situation until the owner on the building. We think that will probably summer buildings. It doesntt jog the .d like to go around that one cottage and ~nt of frontage one. the south. hink it is reasonable but we a~e also access. When we rode down there we found icult place to get into and out of. Part .is Board is to work in a coordinated .g Board. One of the conditions which Building Permit is issued is that the ~l be evolved with the Planning Board; .latlon of a road suitable for use should ning Board before Building Permits are MR. WIg~&M: It's beyond the scope of m~ jurisdiction but I do appreciate that there would have to be approval for access. THE CHAIRMAN: I think we could permit this division to be made with a l0 foot clearance. I would prefer to see l0 feet around this building. If the owner of the cottage elects to move it the line could be straightened out later. THE CHA~IRM~N: Is there at, one present who wishes to speak against this application'? After investigation and inspection the Board Finds that the applicant requests permission to divide property with insufficient sideyard on existing cottage located north of State Highway, Orient, New York. The Board finds that applicant has a contract to ~ell his acreage in two parcels but the dividing line would penetrate one cottage, w~pplicant wishes to go around the cottage with a 5 foot clearance and still keep the same amount of frontage for each half on the So,nd. The Board feels that there should be a l0 foot clearance. The Board also finds that there are problems of access. The Board agrees with the reasoning of the applicant, subject to conditions. ~outhold Town Board of &ppeals -7- July 27, 1972 The Board finds that strict application of the Ordinance would 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 will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by ~h~. Gillispie, seconded by Fro. Bergen, it was RE~OLV~D Raymond H. Deidrick, 3~6 Murray Hill Drive, Lancaster, Pennsylvania, be GRANTED permission to divide with insufficient sideyard on existing cottage located north of ~tate Highway, Orient, New York, subject to the following conditions: 1. That cottage referred to in application shall have a l0 ft. clearance from the proposed division line instead of as projected in sketch of July 19, 19.72. 2. That this variance shall be subject to condition that the Planning Board shall approve access of roads to these two properties prior to the issuance of building permits. Vote of the Board: ~7es:- Messrs: Gillispie, Bergen, Hulse. PUBLIC HEA/~ING: Appeal No. 1611- 8:20 P.M. {E.~.T.), upon application of ~a Enterprises, Inc., Main Road, Mattituck, New York, for a special exception in accordance with the Zoning O~dinance, &rticle III, Section 300, Subsection C-6-f, for permission to locate off premises subdivision identification sign on property of Leonard Emma. Location of property: south side of Peconic Bay Boulevard, Laurel, New York, bounded north by Peconlc Bay Boulevard; east by J. Corydon; south by Peconic Bay'; and west by Powell. Fee paid $1~.00. The Chairman opened the hea.~ing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. s" .T~E CHAIRMAN: The application is accompanied by a photograph nowzng the present subdivision sign; and is also accompanied by an agreement made June ~27, 1972 between Leonard o. w~ ~ T .... ~. ~.~=~= and ~mma Enterprises, Inc. ~ ne ~na~rman read the agreement). This relates to a description of the plot owned by Leonard C. Emma an~ an .a.~j~eement with party o~ ~iving p. arty of t. he sscon~ the. second part, Em~m Enterprises, Inc., pa~t the right.to erect a subdivision zdentif~cation s~gn on the northerly port~on of land owned by party of the first part. Southold Town Board of Appeals -8- July 27, 1972 The Chairman also read letter from attorneys of Clifford Arthur stating that Mr. Arthur would like to go on record as stremuously opposing the granting of any special exception permit to erect a sign on the subject property; and that Mr. ~rthur is the owner of certain propert~v adjacent to the oronertv which is the subject of the application. (~he letter was~da~ed July 25, 1972- signed by John J. Barnosky of Pratt, Caemmerer Cleary, Mineola, New York). THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RICH~RD F. LARK, E~Q.: Z represent the applicant who requests permission to remove sign from its present location and place it across the street. The sign will be identical except that it will be double faced instead of single faced. It would be the same as the one that has been on the northerly side of the road. In ~espect to the letter from the attorneys of Y~. Arthur, Emma Enterprises, Znc. has and will try in the future to respect property values. When the subdivision was set up this piece of land was excluded from the filed Map because there was no~ sufficient width for a park and playground and it would have affected ~he surrounding property owners. It has been kept in its natural state and while we might put a sign further back it would destroy the beautiful trees. We would 1._ks it closer to the road where it can be see~. THE CH~IRM~N: You have not moved the sign as yet? M~. L~RK: It is still in its present spot. The road is a right-of-way that has been excluded. We did not want to affect property owners of small parcels. It would have ~een too m~ch of a burden. Z might add that the sign, itself, will probably only be there for two years for the reason that the lots in the subdivision and the roads would be fully developed in that period of time, and there would be no need for an identification sign as there is now. If you will note from the picture with the application, there is some landscaping around the sign and a split rail fence. It is the applicant,s intention to put identical shrubs around the sign and tidy the loca finn up a bit. M~. ROBERT B~RG~N: If it were permitted, it would be for a year and you would have to apply again. THE CH~IHMAN: We have not t~ied to eliminate signs that are useful. That's been the position of members of the Board. You have to designate the direction and location of some of these subdivisions which are off the road. THE CH~IRMA~N: is there anyone present who wishes to speak against this application? ~outhold Town Board of Appeals -9- July 27, 1972 MR. CA~IDIN~LE, Laurel: ! My wife is a property owner on the east side of the property wel a~e talking about. We have several comments to m~ke; one is that the sign, if erected as Dropesed, would add a hindrance to at~entfon coming e~t of our driveway which would create a safety iproblem in entering the roadway from the driveway. T~ CPLAR~AN: You ag~e with the position of the Board basically that initially these subdivisions have to be advertised rather than having people s~opping to inquire. ~R. CARDINALE: I don~t know why it has to be erected en the epposzte sade of the street from the subdmvismon itself. The sign is, ! guess, a rather large one. i would think the~e are places at the entry-way, which is rather wade, as an alternative to putting it on the opposite side of the street. MR. LA~RK. ! have the former decision of the Board here. (Mr. Lark presented the cop~ of the decision to the Board). MR. C&RDINA. LE: Why does that sign have to be moved from that position*. Why can't ~t be moved within the subdivision area? Mr. Lark pointed out to the Board and to N~. Cardinale the position of the sign on Lot No. 3 of the minor subdivision of Cecil T. Young. MR. L~K: They want to move the sign over here (indicating drawing of proposed new position) because there is no other place to move it. MR. C~RDII~LE: To put the sign over here, interfering with the continuity of this side, is not right. I would encourage the Board to come down and take a look at it. MR. PETER WARREN: I would like to see it kept on the other side of the street. I love Pecoufc Bay Boulevard. THE CH~&IRMAN: Even if this were all sold out it would still be known as L~EL COUkW2~ ~TATE~. MR. C~A~DIN~LE: Every lot is at a different angle and that's why it makes it hard to see anything. MR. L~K: They would like to keep it on the other side but all they own is 50 feet and there is no other place to put it. ~e can't move it 2 feet closer because we would then be on public property. I~. PETER W~4RREN: tremely against them. them. I hate to see signs going up. I am ex- In bus,ness areas you can,t get away from On motion by ~. Gilli~pie, seconded by ~. Hulse, zt was . RE~OLVED that the Southold Town Board of Appeal reserve dec~sion on ~peal N°. 1611~E~ Enterprises, Inc., until the me,ers ~f the Bo~d of Appeals have an opPortunitY to examine the C~d~nale property. Decision will be given ati 8:~0 P.M.. August 10, 1972. ~ Vote of the Board: ~A~ve ~GBLIC HE~iNG: Appeal application of M.~.T. Constr Mineola, New York, for a spe the Zoning Ordinance, &rtic~ for permission to erect an c of property: north side of C and west side of Conklin Rea part of ~6, Map of Garden He $13. oo. The Chairman opened the For a special exception, lee attesting to its publication notice to the applicant. THE CHALRMAN: Is there for this application? MR. STEVE TS~NTOS: Jus did remove the sign. We did We should have gotten the pe the sign. That was our errs same sign on Route 27. We d ~. BERGEN: This prope MR. TSANTO~: M.S.T. Con THE CHAIRMAN: Tou are MR. TSANTO~: The house a sign so we can sell it. W There is not too m~ch room a approximately l0 lots in Mat THE CPL~IRM~N: What are the 18" trailer and the ~tan Permitted Uses- 300 6-c). double faced, not larger tha lots, advertising the sale it is maintained and set bac s:- Messrs: Gillispie, Bergen, Hulse. No. 1612- 8:30 P.M. (E.S.T.), upon ~ction corp., 260 Jericho Turnpike, sial exception in accordance with e III, Section 300, Subsection 6-f, · er-sized real estate sign. Location eunty Road 27, Mattttuck, New York, .d, Mattituck, New York; Lot #7 and ~ghts, Mattituck, New Tork. Fee paid hearing by reading the application al notice of hearing, affidavit in the official newspapers, and anyone present who wishes to speak a ~ew w~rds.of qualtfaction. We not realize mt was in violation. ~mission of the Board before erecting ~. We would like to install the id talk to M~. Cooper. ~ty is owned by whom? struction Corp. 0uilding a house on speculation? is up and we would like to place ~ ~ave two more lots under contract. ~a~lable in that location. We have ~ituck in various locations. the other signs shown in the sketch... Waimey sign? (The Chairman read One real estate sign, either~single or 3' x 4' in size on any one or more ~ lease of only the premises on which ~ not less than lO~ from any lot line." Southold Town Board of Appeals -ll- July 27, 197a TEE Ci~L~t~: Put your n~.me on a 3' x 4~ sign or put Mr. ~aimey~s name on it. You can't have both. It has to be a 3' x sign. MR. T~.NT02: It's a fancy sign and we paid a lot of money for it. TtTE CP~IRMAST: Is there anyone present who wishes to speak against this application? ~o PET~ WARREN: ! was against the oversized sign. THE CPi~IF. MAN: We do have to have some signs. &fret investigation and inspection the Board finds that applicant requests permission to erect an oversized real estate sign on ~he north side of County Road 27~ Mattltuck, New York. The Board finds that the applicant has an oversized sign on his property for which he has not obtained permission, and he has been issued several Orders to Remedy Violation. The Board is not influenced by past offenses and recognizes applicant's need for a sign. However, the sign must conform to all rules governing signs as stated in the Ordinance. 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 i~o Bergen, seconded by M~. Hulse, it was RESOLVED M.S.T. Construction Forp., 260 Jericho Turnpike, Mineola, New L~ork, be DENIED permission to erect an oversized real estate ~ ~ s~on on the north side of County' Road 27, Mattituck, New York, as applied for, without prejudics to the applicant. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. ~outhold Town Beard of Appeals -12- July 27, 1972 PUBLIC HEARING: Appeal No. 1615- 8:40 P.M. (E.~.T.), upon application of Caberon Properties, Inc., Cedars Golf Club, Case's Lane Extension, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, ~ubsection C-6-f, for permission to locate off premises directional sign on property of John Elak. Location of property: south side of Main Road, Cutchogue, New York, bounded north by Main Road; east by Dickerson; south by Elak; and west by School District #9 boundary line. 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 newspapers, and notice to the applicant. THE CHA.~L~I~N: Is there anyone present who wishes to speak for this application~ (There was no response.) THE CHAIR~N: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to locate off-premises directional sign on property of John Elak. The Board received a letter dated July 6, 1972, from John Elak, agreeing to allow the Cedars Golf Club to erect a sign of legal size on his property at the S/S of the Main Road in Cutchogue at the top of Manor Hill. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by M~. Hulse, seconded by F~. Bergen, it was RE~0LVED Caberon Properties, Inc., Cedars Golf Club, Case's Lane Extension, Cutcho~e, New York, be GRANTED permission to locate off-premises directional sign on property of John Elak, south side of Main Road, Cutchogue, New York, as applied for. Vote of the Board:- Messrs: Gullispie, Bergen, Hulse. ~outhold Town Board of &ppeals -13- July 27, 1972 PUBLIC HE~RING: ~ppeal No. 1616- 8:50 P.M. (E.S.T.), upon application of ~am~el Markel, Leeton Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, ~ection 301, for permission to divide property with sufficient frontage and area. Location of property: north side of North Bayview Road, Southold, New York, bounded north by D. Kart and others$ east by E, Avaletto and others: south by North Bayview Road;· and west by Markov and Hart. ~ee paid~ $15,00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the local newspapers, and notice to the applicant. THE CHAIR~N: Is there anyone present who wishes to speak for this application? MR~ ~AMUEL M~RKEL: I brought the original survey with me. (M~. Markel indicated ko the Board the original location of the lots). I was told by mV attorney' to check with you on this. I decided to~co~ply as nearly as possible to the Ordinance by ma~ing this (indicating survey) 1~8 feet, and the other two lots 135 feet. I have 398.3 feet. Thzs 128 feet will include a back piece. Since the back piece will be included with the front piece it will be 128.3 feet. I have sold one lot but it is pending m~ being able to get a variance. The frontage would be on North Bayview Road. If people want to pay the Association fee they' can have the use of the road but that's ridiculous when you can use North Bayvlew Road. MR. ~. WILLE: Is that a continuation of the road they dug on our side? .MR. M~R~W2~L: No. Both of these lots would be greater than those of Dowd and Markov. Wille is on the east. MR. MA/~KOV: Do you have 270 feet in depth and 135 feet on each plot? &re you going to build one house on each property? MR. MA~REEL: I go behind your property, Mr. Markov. I am going to build one house on each plot, that's all the law allows. THE CHA_IRMAN: Does anyone else wish to speak for this property~. MR. MA~L: As you will notice, I did not buy this property yesterday.. I bought it in 1965. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) ~outhold Town Board of &ppeals -14- July 27, 1972 After investigation and inspection the Board Finds that applicant requests Dermission to divide property with insufficient frontage and area en property located on the north side of North Bayview Road, Southold, New York. The Findings of the Board are that this application to divide the property will be favorable to the area as it will reduce density. This property was divided into Five lots under the old Ordinance and it is proposed to divide them to m~ke t~_~ee lots, as Follows: Lot No. 4 and part of Lot No. 3 will comprise a new lot with 135 foot frontage on North Bayview Road by 200~ depth, sidelines being parallel; a portion of Lot No. 3 and a portion of Lot Ne. 2 will comprise a new lot with 135~ on North Bayview Road and 270~ in depth, side- lines being parallel. All of the remaining property consisting of 128o3 feet on North Bayvlew Road with a depth of 538.89 feet, and 555.02 feet on the easterly line, shall co~prise a new lot. The property' does not !~nd itself to exact division . The Board agrees with the reasoning of the applicant. The Board Finds that strict application of the Ordinance would, 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 will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by M_~. Gzl~zsp~e, seconded by Mr. Hulse, it was RE~OLVEqD ~amuel Markel, Leeton Drive, Southold, New York, be GR~_NTED permission to divide property with insufficient frontage and area on north side of North Bayview Road, Southold, New York, as applied for, subject to the Following conditions: &ll three of the lots shall haVe frontage on North Bayview Road. Each of the lots shall be For the purposes of single Family use. The granting of this va~iance is Subject to the approval of survey to be Furnished by' Y~. Markel. Vote of the Board: ~yes:- Messrs: Gzll~sp~e, Bergen, Hulse. Southold Town Board of Appeals -l~- July 27, 1972 PUBLIC HE~RING: Appeal No. 1603- 9:00 P.M. (E.S.T.), upon application of Lillian Vail, Main Road, East Y~ion, for a special exception in accordance with the Zoning Ordinance, ~rticle II!, Section 300, Subsection B-14, for permission to held a yard sale on August 26, 1972; rain date ~epte~0er 2, 1972. Location of property: south side ~in Road, East Marion, New Tork, bounded north by Main Road; east by E. Hawkins; south by Private Read; and west by Tedeschi. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE C~IRM~N: is there anyone present who wishes to speak for this application? · ~s. Vail arrived in time to hear (There was no response.) the decision of the Board. THE CHA~IRMA~_N: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to hold a yard Sale on August 26, 1972; rain date September 2, 1972 on property located on the south side of Main Read, ~a~t Marion, New York. The Board finds that the public convenience and welfare and Justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be perm~nentl_y or substantially injured and the spirit of the Ordinance will be observed. On motion by Y~. Gillispie, seconded by M~. Hulse, it was RE-$OL~D Lillian Vail, Main Road' East Marion, New Y.ork, be GE.ANTED Permission to hold a yard sale on August 26, 1972, rain date~ ~eptember 2, 1972, subject to conditions of Resolution of the --~outhold To-~rn Board of Appeals dated June 1%, 1972, as Follows: 1. Permission is Fera one day' yard sale to be held on a specific date, with a specific rain date. Permission is For the sale of household and personal Property of the owner and his Family' and m~y not include property ef others unless it is for a charitable purpose. 3. AppliCant must provide someone to supervise parking at the yard sale to prevent blocking neighbors! driveways. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, HU~Lse. ~outhold Town Boa~d of Appeals July 27, 1972 PUBLIC HEARl~TG: Appeal No. 1604- 9:05 P.M. (E.~.T.), upon application of Isabele Biddulph, Inlet Lane, Greenport, NeW York, For a special exception in accordance with the Zoning Ordinance, ~t!cle Iii, ~ection 300, ~ubsection B-14, For permission to hold a yard sale on July 29, 1972; rain date August 5, 1972. Location of property: west side of Inlet Lane, Greenport, New York, bounded north by KinscherF; east by Inlet Lane; south by K. Rogers; and west by Thompson and others. The Chairman opened the hea~ing by the reading of the application For a special excePtion, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CH~IRM~N: Is there anyone present who ~xshes to speak For this application? (There was no response.) THE CH~IR~L&N: Is there anyone present who wishes to speak against this application? (There was no response.) AFter investigation and inspection'the Board Finds that applicant requests permission to hold a yard sale on July 29, 1972; rain.date August 5, 1972 on property located on the west side of Inlet Lane, Greenport, New Tork. The Board finds thatthe 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 perm~nent~ or substantially injured and the spirit of the Ordinance will be observed. On motion by M~. Bergen, seconded by M_~. Hulse, it was RESOLVED Isabele Biddulph, Inlet Lane, Greenport, New Tork, be GR~ED permission to held a yard sale on July 29, 1972; rain date Angst 5, 1972 en property located on the west side of Inlet Lane, Greenport, New York, subject to conditions of Resolution of SOuthold Town Board of APPeals dated June 15, 1972, as follows: P rm~sszon is for a one day' yard sale to be held on a specific date, with a specific rain date. Vote of the Board: Permission is for the sale of household and personal property of the owner and his family and may not include proper~y of others unless it is for a charitable purpose. Applicant must p~ovide someone to supervise parking at the yard sale to prevent blocking neighbors~ driveways. Ayes:- Messrs: Gillispie, Bergen, Hulse. Southold Town Board of Appeals -17- July 27, 1972 PUBLIC ~ING: Appeal No. 160%- 9:10 P.M. (E.S.T.), upon application of Church of the Redeemer, ~ound Avenue and Westphalia Road, Mattituck, New York, For a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-J~I, for permission to hold a yard sale on September 2, 1972. Location of property: corner of Sound &venue and Westphalia Road, Mattituck, New Tork. The Chairman opened the he~ing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CH~IHM~iN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CH~IHM~T: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to hold a yard sale on September 2, 1972 on property located on the corner of Westphalia Road and Sound Avenue, Mattituck, New York. (No rain date requested). The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially in~ured and the spirit of the Ordinance will be obserVed. On motion by FI~. Hulse, seconded by Mr. Bergen, it was ~OLVED Church of the Redeemer, Sound Avenue and Westphalia Road, Mattituck, New York, be GRAhW~ED permission to hold a yard sale on September 2, 1972 on property located on the corner of Sound Avenue and Westphalia Road, Mattituck, New Tork, subject to conditions of Resolution of the ~outhold Town Board of Appeals, dated June 1%, 1972, as fellows: Permission is for a one day yard sale to be held on a specific date, weth a specific rain date. 2. Permission is for the sale of household and personal property of the owner and his family and may not include property o£ others unless it is for a charitable purpose. 3. Applicant m~st provide someone to supervise parking at the yard sale to prevent blocking neighbors~ driveways. Vote of the Board: ~A~ves:- Messrs: Gillispie, Bergen, Hulse. ~outhold Town Board of Appeals -18- July 27, 1972 PUBLIC REkR_~G: Appeal No. 1606- 9:15 P.M. (E.S.T.), upon application of Laughing Waters Property (~ners Association, Laughing Waters, Southold, New York, for a special exception in accordance with the Zonir~ Ordinance, Article III, Section 300, Subsection B-14, for permission to hold a yard sale on August lO~, 1972; rain date August 20, 1972. Location of property: north side of Minnehaha Blvd., Southold, New York, bounded north by Corey Creek; east by Haggerty; south by Minnehaha Boulevard: and west by Minnehaha Boulevard. Fee paid $15.oo. ' The Chairman opened the hearing by ~eading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. this this THE CH&LR~v~N: Is there a~yone present who wishes to speak for - ~ applmcation. (There was no response.) THE C~IR~N: Is there anyone present who wishes to speak against appl~catzon. (There was no response.) REV. DONALD S. STACEY: What do they do with the money? MR. PRED RU~, JR.: They use it for road and beach ma.nten-~ ante. REV. ST&CEY: I approve. TA~ CHAIRMAN: Yard sales have been a permissible use in Bouthold for 100 years for people to get rid of excess property from their attics and cellars. Where the error crept in was where nothing was done about people who have continuous yard sales. No one foresaw it when the first Ordinance was written. In regard to churches, it was felt that their use of money was for charitable purposes and the yard sale can be held on church property or at a member's home as an alternative, and goods other than those of the owner can be Sold. We did net foresee Property Owners Associations. However, I think the Town should go along with this even though the money is used to keep the property in condition. This is a collection of individuals. Of course, we have also run into people who object because it interferes with the antique business. THE Ct~IRI~N: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that the ' pplzcan~ requests permission to hold a yard sale on August rain date &ugust 20, 1972; on property located on the north ~outhold Town Board of Appeals -17- July 27, 1972 side of Minnehaha Boulevard, Southold, 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 or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Bergen, seconded by' Ms. Hulse, it was RESOLVED Laughing Waters Property Owners &ssociation, Laughing Waters, Southold, New York, be GR&NTED permission to hold a yard sale on August 19, 1972; rain date August 20, 1972, subject to Resolution of the Southold Town Board of Appeals, dated June l~, 1972, as follows: 1. Permission is for a one day yard sale to be held ou a specific date, with a specific rain date. Permission is for the sale of household and personal property of the owner and his family and may not Include property of others unless it is for a charitable purpose. 3. Applicant rm,.st provide someone to supervise parking at the yard sale to prevent blocking neighbors~ driveway's. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. i~BLIC H~AiqING: Appeal No. 1607- 9:20 P.M. (E.S.T.), upon application of Donald S. ~tacey, Gagen~s Landing Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-]~!, for permission to hold a yard sale on July 28, 1972; rain date July 29, 1972. Location of property: east side of Gagen~s Landing Road, Southold, New York, bounded north by Dickerson; east by Southwood Subdivision; south by Clearview Avenue; and west by Gagen's Landing Road. Fee paid $1%.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CPL~IR~N: Is there anyone present who wishes to speak for this application? REV. DON~LD ~. ~TACEF: I have known this man for 64 years, he's a fine person and he has an accur~lation of belongings he wants to dispose of. I have a question in my mind and that is ~euthold Town Board of Appeals -20- July 27, 1972 the distinction between commercial enterprise where an individual pur- chases products to be sold at a yard sale as against the individual who owns some chairs which he transfor~ in their value in terms of cash. It seems to me that we are wasting your very valuable time and ours in this kind of thing. Cantt we have a permit system where we pay never mind printing it in the newspaper. I think, air, there is an infringement of personal, individual liberty because the Constitution gives me the right to hold property and the right to dispose of it. THE CHAIRMAN: This relates to the use of land. The conditions that enter into it that seem to infringe on Constitutional rights evolve from concepts of the Board of Health and the planners who v~ite the Ordinances in the interest of general welfare. It is limiting. You can sell one square foot of your property but no one could use it. The Town Ordinance controls how you use your property. We did evolve some conditions which were not printed in the Ordinance. REV. ETACEY: i understand abuses but I think this is too oblique. THE CHALRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to hold a yard sale on July 28, 1972; rain date July 29, 1972, on property located on the east side of Gagen~s Landing Road, ~outhold, New York. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighbor- hood 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~. Gil!ispie, seconded by Mr. Hulse, it was RESOLVED Donald ~. ~tacey, Gagen~s Landing Road, Southold, New Tork, be GRAbbED permission to hold a yard sale on July 28, 1972; rain date July 29, 1972 on premises located on the east side of Gagen's Landing Road, ~outhold, New York, sub~ect to conditions of Resolution of ~outhold 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. 2. Permission is for the sale of household and personal property of the owner and his family and m~y not include property of others unless it is for a charitable purpose. 3. Applicant must provide someone to supervise parking at the yard sale to prevent blocking neighbors' driveways. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. ~outhold Town Board of Appeals -21- J~ly 27, 1972 PUBLIC HE~j~ING: Appeal No. 1608- 9:25 P.M. (E.S.T.), upon application of George Bird, 490 Luptons Point Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, ~ection 300, Subsection B-14, for per- mission to conduct an auction sale on July 22, 1972; raiu date July' 29, 1972. Location of property: corner of Route 25 and Maple Avenue, Matt!tuck, New York - premises of Meyer - bounded north by Pollack; east by Browne; south by Main Road; and west by Maple Avenue. Fee paid $15.00. On motion by ~i~. Gillispie, seconded by I~r. Hulse, it was RESOLVED to postpone action on Appeal No. 1608, George Bird, 490 Luptons Point Road, Mattituck, New York, indefinitely. Vote of the Board: Ayes:- Messrs: G~l_~sp~e, Bergen, Hulse. PUBLIC HEAR~TG: Appeal No. 1609- 9:30 P. M. (E.S.T.), upon application of Elizabeth B. Villano, 1950 Deep Hole Drive, ~L~ttituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-l~I, for permission to hold a yard sale on July 28 and 29, 1972; rain dates August 4 and 5, 1972. Location of property: south side of Deep Hole Drive, Mattituck, New York, bounded north by Deep Hole Drive; east by C. Perner; south by Deep Hole Creek; and west by Kennelly. Fee paid $15.00. The C_hairm~n opened the hearing by r~ading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIR~N: Is there anyone present who wishes to speak for this application? (There was no response.) THE CP_&IRNAN: As permission is granted for a one day yard sale and one rain date we will m~ke the date for the yard sale, July 28, 1972, and the rain date August 4, 1972. THE CPLAIRM~N: Is there anyone present who wishes to speak against th_s application? (There was no response.) ~outhold Town Board of Appeals -22- July 27, 1972 AFter investigation and inspection the Board finds that applicant requests permission to hold ayard sale on July 28, 1972; rain date August 4, 1972, on property located on t. he south side of Deephole Drive, l~ttituck, 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 or substantially injured and the spirit of the Ordinance will be observed. On motion by ~. Hulse, seconded by Mr. Bergen, it was RESOLVED Elizabeth Villano, 1950 Deep Hole Drive, F~ttituck, New York be GRANTED permission to hold a yard sale on July 28, 1972; rain date August 4, 1972, on property located on the south side of Peephole Drive, Mattituck, New York, subject to Resolution of the ~outhold Town Board of Appeals, as follows: 1. Perm_sszon is for a one day yard sale to be held on a specific date, with a specific rain date. Permission is fo~ the sale of household and personal property of the owner and his family and ~y not include property' of others unless it is for a charitable purpose. ~. Applicant must provide someone to supervise par_~zng at the yard sale to prevent blocking neighbors' driVeways. Vote of the Beard: Ayes:- Messrs: Gillisple, Bergen, Hulse. PUBLIC HEARING: Appeal No. 1610- 9:~ P.M. (EoS.~.), upon application of Ruth Ko Wingate, PecOnic Bay Boulevard, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, ~ection ~00, ~ubsection B-14, for per- mission to hold a yard sale on August ~, 1972; rain date Angst 12~ 1972. Location of property: east side of Peconic Bay Boulevard, F~ttituck, New York, bOUnded north by W. 01set; east by Peconic Bay; s~uth by D, Forley$ and west by Peconic Bay Boulevard. Fee pazd ~l~.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit atte=t~ng to its publication in the official newspapers, and notice to the applicant. TP~E CPi&IRMAN: Is there anyone present who wishes to speak for thisapplzcat~on~' ' ~ ~There was no response.) Southold Town Board of Appeals -23- July 27, 1972 THE C~IRF~N: is there anyone present who wishes to speak against this applzcatzon. (There was no response.) After investigation and inspection the Board finds that applicant requests permission to hold a yard sale on August 5, 1972; rain date August 12, 1972 on premises located on the east side of Peconic Bay Boulevard, ~Mttituck, New Tork. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Bergen, seconded by ND. Hulse, it was RESOLVED Ruth K. Wingate, Peconic Bay Boulevard, Mattituck, New York, be GRANTED permission to hold a yard sale on August 5, 1972, rain date August 12, 1972, on premises located on the east side o£ Peconlc Bay Boulevard, Mattituck, New ~fork, subject to Resolution of the Southold Town Board of Appeals dated June l~, 1972, as follows: 1. Permas~zon is for a one day yard sale to be held on a specific date, with a specific rain date. Permission is for the sale of household and personal property of the owner and his family and may' not include property of others unless it is for a charitable purpose. 3. &pplicant ~.st provide someone to supervise parking at the yard sale to prevent blocking neighbors~ driveways. Vote of the Board: Ayes:- Messrs: Giilispie, Bergen, Hulse. PUBLIC ~iT~R~JG: Appeal No. 1613- 9:40 P.M. (E.S.T.), upon application of Anne Sparacio, Bayview Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article iii, Section ~00, 2ubsectlon B-14, for permission to hold a yard sale on August 12, 1972. Location of property: north side of Bayview Road, Southold, New York, bounded north by Hamilton; 0 ~ ' east by h~.man: south by Bayview Road~ and west by Smith Drive South. Fee paid $1~.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hea~n~, aff_davzt~ ' attesting to its publication in the official newso~e~, and notice to the applicant. -' ~Outhold Tov~n Board of Appeals -24- July 27, 1972 THE CPIAIRM~N: is there anyone present who wishes to speak for this application? &N~E ~PARACIO: i have nothing to add to what is stated in the application. THE CHAIRMAN: Is there a~one present who wishes to speak against this application? (There was no response.) ~ter investigation and inspection the Board Finds that applicant requests permission to hold a yard sale on August 12, 1972 on premises located on the north side o£ B~vview Road, Southold, New York. (No rain date requested). The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by 2z~. Giliispie, seconded by ~. Hulse, it was REBOL'~ED Anne ~paracio, Bayview Road, Southold, New York, be GRANTED permission to hold a yard sale on August 12, 1972 on p~emises located on the north side of Bayview Road, Southold, New York, subject to Resolution o£ the ~outhold Town Board o£ Appeals dated June 1%, 1972~ as Follows: Be Permission is for a one day yard sale to be held on a specific date, with a specific rain date. Permission is for the sale of household and personal property of the owner and his fami~ and may not in- clude property of others unless it is for a charitable purpose. Vote o£ the Board: ~pplicant n~st provide someone to supervise parking at the ys~d sale to prevent blocking neighbors~ driveways. ~yes:- Messrs: Gillispie, Bergen, Hulse. ~JBLIC HE~RING: Appeal No. 161~- 9:4~ P.M. (~.$.T.), upon application of Spinning Wheel Galleries, 13%1 West Main Street, Riverhead~ New Yo~k, For a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-!4, for permission to hold an auction sale on premises of Blaschack, ~outhold, New Yo~k on July 29 and 30, 1972. Location of property: ~outhold To~n Board of Appeals -25- July 27, 1972 south side of Travelers gt~eet ExtenSion, ~outhold, New York, bounded north by Traveler ~treet Extension; east by Saer; south by Main Road; and west by Burnes and others. Fee paid $1~.00. The Chair~mn opened the hesming by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CP~..IRM~N: Is there anyone present who wishes to speak for this application? (There was no response.) THE CH~I~I~N: Is there anyone present who wishes to speak against this application? (There was no response.) MR. HOWARD T~w~, Building Inspector: This merchandise is being sold out of a wamehouse in a business district by' a dealer who is cleaning out his stock. T~E CHairMAN: The distinction is between sale in a residential district and sale ina commercial district. R~¢. STACk: Is this a good precedent for us to encourage something like this on a ~unday afternoon? I don~t think they should have auctions on Sund~v. Whether ~t is a precedent or not, I would object. We are doing something to the quiet of Sunday afternoons. A discussion followed concerning traffic conditions, the type of business involved, and the conditions as set forth in the Resolution of the ~outhold Town Board of &ppeals dated June l~, 1972 applying to yamd sales and auction sales. THE CH~IRM~N: Is there a~'one present who wishes to speak against this application? (The~e was no response.) After investigation and inspection the Bo~md finds that applicant requests permission to hold an auction sale on pre~uises of Blaschack, on the south side of Travel Street Extension, ~outhold, New York, on July 29 and July 30. The Board finds that it w~st limit the g~anting of this application to a one day sale, and disapproves of an auction sale being held on a Sunday. Southold Town Board of Appeals -26- July 27, 1972 The Board finds that the public convenience and welffare 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. · 1 ' On motion by Mr. Gzl_ispze, seconded by M~. Bergen, it was RESOLVED Spinning ~eel Galleries, 1351 West Main Street, Riverhead, New York, be GP~NTED permission to hold an auction sale on premises of Blaschack, south side of Traveler Street Ext., So~thold, New York, on Saturday, July 29, 1972, subject to conditions of Resolution of the Southold 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. 2. Permission is for the sale of household and personal property of the owner and his family and may not include property o£ others unless it is for a charitable purpose. 3.Applicant must provide someone to supervise parking at the yard sale to prevent blocking neighbors~ driveways. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. PUBLIC h~A~RING: Appeal No. 1617- 9:50 P.M. (E.S.T.), upon application of Ruth H. Glasser, Jackson Street, New Suffolk, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to hold a yard sale on July 29, 1972; rain date September 2, 1972. Location of property: south side of Jackson Street, New Suffolk, New York, bounded north by Jackson Street~ east by Third Street; south by Peconic Bay; and west by Fourth Street. Fee paid ~15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the orificial newspapers, and notice to the applicant. THE CPL~!RM&N: this application? THE CH~IR~N: this application? Is there anyone present who wishes to speak for (There was no response.) Is there arA'one present who wishes to speak against (There was no response.) After investigation and inspection the Board finds that applicant requests permission to hold a yard sale on July 29, 1972; rain date September 2, 1972 on premises located on the south side of Jackson Btreet, New Suffolk, New York. The Board finds that the public convenience and welfare and justice will be served and 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. ~outhold Town Board of Appeals -27- July 27, 1972 On motion by N~. Gillispie, seconded by Mr. Hulse, it was RESOLVED Ruth H. Glasser, Jackson Street, New Suffolk, New York, be GP~NTED permission to hold a yard sale on July 29, 1992; rain date ~eptember 2, 1972, on the south side of Jackson Street, ~New Suffolk, New Tork, subject to conditioBs o£ Resolution of $outhold Town Board o£ Appeals dated June 15~ 1972. Vote of the Board: ~yes:- Messrs: Gillispie, Bergen, Hulse. P[~LIC HE~I!TG: Appeal No. 1619- 9:%5 P.M. (E.$.T.), upon application of Spinning Wheel Galleries, 1351 West Main Street, Riverhead, New _Vork, for a sPecial exception in accordance with the Zoning Ordinance, Article -III, Section 300, Subsection B-14, for permission to hold an auction sale on premises of Elsa Morris, on August 12 and 13, 1972; rain dates August 19 and 20~ 1972. Location of property: west side of Sound Avenue, Mattituck, New Tork, bounded north by T. Smith; east by T, Smith; south by Sound Avenue; west by Sound &venue. Fee paid 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 newspapers, and notice to the applicant. THE Ci~IR~N: is the~e anyone present who wishes to speak for this application? (There was no response.) THE C~IRMAN: Is there anyone present who wishes to speak against this application? (There was no ~esponse.) After investigation and inspection the Board finds that applicant requests permission to hold an auction sale on premises of Elsa Morris, west side of Sound Avenue, Mattituck, New York, on August 12 and 13, 1972; rain dates August 19 and 20, 1972. According to the conditions of the Resolution of June 15, 1972, only one date for a yard sale or auction is permitted, with one rain date. The Board finds that the public convenience and welfare and Justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the 0~dinance will be observed. Southold Town Board of Appeals -28- July 27, 1972 On motion by ~r. ~ergen$ seconded by ~r. Giillspie, it was _ R~BOLVED ~pinnin~ ~neel Galler~es~ 13~l West Main Street, Riverhead, New York, be GRAy, TED permission to hold an auction sal~ on premises of ElSa Mo~is, west s~de of Sound &venue, Mattituck, New Yo~k, o~ A~st 12, 1972; ~ain~date August 19, 1~72, subject to conditions eF Reso~tion of the Bouthold Town Roar~ of Appeals dated June l~, 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. Permission is for the sale of household and personal property of the o~er and his family and may not include property of others unless it is for a charitable purpose. 3. Applicant mus~ provide someone to supervise parking at the ya_. d sale to prevent o_ock~ng neighbors ~ driveways. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. For the Record: One (1) Sign Renewal was approved as submitted. On motion by' Fir. Bergen, seconded by' ~. Hu!se, it was RESOLVED Mattituck Gun Club be C-RAh~ED permission to display posters for event to be held on Septemebr 17, 1972; rain date September 24, 1972, subject to condition that the posters be removed three days after the event. Vote of the Board: ~yes:- Messrs: Gi!lispie, Bergen, Hulse. 0n motion by Mr. Eulse, seconded by M~. Bergen, it was RE~OLVE~D American Legion Auxiliary', Southold, New York, be GRANTED permission to 8isplay posters in the area served by the Legion Post for a Plea Market and Antique Sale to be held on August 19, 1972~ rain date August 20, 1972, subject to condition that posters be taken down within one week after the event. Vote of the Boa_vd: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by ~r~o Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated July 13, 1972, be approved as submitted, subject to minor corre ct ion. Vote of the Board: .~ye~: Messrs Gzl_zspze, Bergen, Hulseo Southold Town Boa~d of Appeals -29- July 27, 1972 On motion by ~Ir. Hulse, seconded by Mr. Bergen, it was RESOLVED that the next regular meeting of the ~outheld Town Board of Appeals will be held at ?:30 PoM., Thursday, August 10, 1972, at the Town OFFice, Main Road, Southold, New York. Vote of the Boa~d: ~ves:- Messrs: Gillispie, Bergen, Hulse. On motion by Mro Bergen, seconded by Mr. Hulse, it was RE~OLVED that the ~outhold Town Board of Appeals set 7:35 P.M. (E.S.T.), Thursday, August 10, 1972, at the Town Office, Main Road, ~outhold, New York, as the time and place of hearing upon application of Alan Cotgreave, Huckleberry Hill, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, For permission to divide property with less than required area and frontage. Location of property: Huckleberry Hill, East ~rion, New York, bounded north by right- of-way, Wenk and others; east by other property' of~ the applicant; south by Peconic Bay; .and west by LeBar. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RE~OL~D that the Southold Town Board of Appeals set 7:45 P.M. (E.~.T.), Thursday, August 10, 1972, at the Town Office, Main Read, ~outhold, New York, as the time and place of hearing upon application of John LOBar, R.D. No. l, Box 5~, ~t~oudsberg, Pa., for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and ~ection 280A of the Town Law, for permission to divide with less than required area and frontage on unapproved road. Location of property: west side of Bay Avenue, East M~rion, New York, bounded north by Marion Lake; east by Cotgreave and Wenk; south by Peconic Bay; and west by Edwards Estate. Vote ef the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. 0n mbtion by Mr. Hulse, seconded by M~. Bergen, it was RE~OLVED that the ~outhold TOwn Board of Appeals set 8:00 P.M. (E,~.T.), Tb~sday, August 10, 1972, at the Town OFfice, MainRoad, ~outhold, NeW York, as the time and place of hearing ~outhold Tc~n Board of Appeals -30- July 27, t972 upon application of Michael N. Carlucci, 246-27 Van Zandt Avenue, Little Neck, New York, for a variance in accordance with the Zoning Ordinance, Article iii, Section 300 C-2 and 302, for permission to replace existing accessory building with an enlarged building and reduce side yard. Location of property: south side of Island View Lane, Greenport, bounded north by island View Lane; east by ~temmler; south by the Creek; west by Englehardt. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by ~ Bergen, seconded by M~. Hulse, it was RE~OLVED that the ~outhold Town Board of Appeals set 8:15 P.M. (E.S.T.), Thursday, ~ugust 10, 1972, at the Town OFfice, Main Road, Southold, New York, as the time and place of hearing upon application of Richard Freyherr, 530 Columbus Avenue, East Patchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to construct dwelling with insu£fieient living a~ea and side yard~ Location of property: west side of Third Street, New Suffolk, New York, bounded north by E~pp; east by Third Street; south by Yetter and others; west by W. S. hibley. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Gi!lispie, seconded by' F~. Bergen, it was RE~0L-~D that the Southold Town Board of &ppeals set 8:30 P.M. (E.~.T.), Thursday, August 10, 1972, at the Town Office, Main Road, ~outhold, New York, as the time and place of hearing upon application of Ruth Sloan Gimbernat, Westphalia Road, Mattituck, New York, for a variance in accordance with the Zoning 0 rdinance, &rticle Iii, Section 301 and Section 280A of the Tc~,n Law, for permission to divide property with insufficient frontage. Location of property: north side of Westohalia Avenue, Matt!tuck, New York, bounded north by the Creek; east by Worthen; south by Rosanen; and west by Bubier. Vote o£ the Board: &yes:- Messrs: Gillispie, Bergen, Hulse. On motion by ~. Hulse, seconded by Mr. Gil!ispie, it was REEOLV~D that the Southold Town Board of Appeals set 8:40 P.M. (E'~'T.), Thursday, August 10, 1972, at the TOwn Office, ~outnold Town Board of Appeals -31- July 27, 1972 Main Road, Eouthold, New York, as the time and. place of hearing upon application of Robert Cooper, Osprey Nest Road, East Marion, New York, for a variance in acc-~rdance with the Zoning Ordinance, Article III, Section 303, for permission to build addition on existing dwelling and reduced setback. Location of property: south side of Osprey Nest Road, East Marion; Lot No. 9, M~p of Cleaves Point, ~etion i. Vote of the Bo~d: Ayes:- Messrs~Gillispie, Bergen, Hulse. On motion by M~. Bergen, seconded by Mr. Gillispie, it was R~OLVE~ that the ~outhold Town Board of APpeals set 8:50 P.M. (E.E.T.), Thursday, August 10, 1972, at the Town Office, Main Road, ~outhold, New York, as the time and place of hearing upon application of Marcus Bryan and Jeanne Bryan, 108 Wedgewood Drive, Coram, New York, for a variance in accordance with the Zoning Ordinance, Article III, ~ection 301 for permission to divide property with insufficient frontage and area. Location of property: Lots No. 2 and 3, Map of Birch gills, Glen Court, Cutchogue, New York, Map No. 4908. Vote of the Board: Ayes:- TM ~ ' ~ ' ' ~-~es~rs~ G_llzsp~e, Bergen, Hulse. On motion by 2~. Gillispie, seconded by Mr. Hulse, it was REEOLVED that the Eouthold To~rn Board of Appeals set 9:05 P.M. (E.E.T.), Thursday, ~ugmst 10, 1972, at the Town office, Main Road, Eouthold, New York, as the time and place of hearing upon application of George Ahlers, 855 Eugenes Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Bection 301, for permission to build addition on existing dwelling with less than required rear yard area. Location of property: north side of E~genes Road, Outchogue, New York, bounded north by Zabriski; east by Eriksen; south by Eugene Road; west by Ward. Vote of the Bo~d: Ayes:- Messrs: Gillispie, Bergen, Hu!se. On motion by M~. Hulse, seconded by ~. Bergen, it was REEOLVED that the Southold Town Board of Appeals set 9:30 P.M. (E.~.T.), Thursday, August 10, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing Town Board of Appeals -32- July 27, 1972 upon application of Ellsworth C. Grathwohl, Nassau Point Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection for permission to hold a yard sale on ~eptember I and 2, 1972. Location of property: Lot No. 157, Map of Nassau Point, Cutchogue, New York. Vote o£ the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by N~. Bergen, seconded by F~. Hu!se, it was RESOLVED that the Southold Town Board of Appeals set 9:35 P.M. (E.~.T.), Thursday, August 10, 1972, at the To-~n Office, Main Road~ Southold, New York, as the time and place of hearing upon application of Julia D. Hall, ~in Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III~ ~ection 300, Subsection B-14, for permission to hold a yard sale on August 12, 1972. Location of property: north side of Main Road, Orient, NeW York, bounded north by E. Adams; east by ~. Cockerill; south by M~in Road; west by right-of-way and Monroe. Vote of the Board: ~ves.-' Messrs: Gzlllspme,' ' ' Bergen, Hulse. On ~otion by M~. Glllispie, seconded by I~. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 9:40 P.M. (E.$.T.), Thursday, August lC, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of John and Adelaide Dabrowskl, Mary.s Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to hold a yard sale on August 26, 1972; rain date August 27, 1972. Location of property: west side of M~in Road, Mattituck, New York. Lots No. 32, 33, 34 , Map of Garden Heights, Mattituck, New York. Vote of the Board: &yes:- Messrs: Giilispie, Bergen, Hulse. On motion by M~. Hu!se, seconded by l~. Gillispie, it was R~SOLVED that the Southold Town Board of Appeals set P.M. (E.S.T.), Thursday, August 10, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application o£ Elizabeth K. Froede, Box 12%, Southold, ~outhold Town Board of Appeals -33- July 27, 1972 New York, for a special exception iu accordance with the Zoning Ordinance, Article iii, ~ection 300, ~ubsection B-14, for permission to hold a yard sale on August 19, 1972; rain date August 20, 1972. Location of property: north side of North Road, ~outhold, New York, bounded north by .awzckz, east.by Droskoski; south by North Road; west by ~awzcki. Fee pazd ~15.00. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. motion by M~. Bergen, seconded by Mr. Hulse, it was RE~0LVED that the ~outhold Town Board of Appeals set 9:50 P.M. (E.~.T.), Thursday, August 10, 1972, at the Town Office, ~tn Road, ~outhold, New York, as the time and place of hearing upon application of Anita Pylko, 6075 Pequash Avenue, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, ~ection 300, ~ubsection B-14, for per- mission to hold a yard sale on August 12, 1972; rain date August 13, 1972. Location of property': southeast corner of Pequash Avenue and East Road, C~tchogue, New York, bounded north by East Road; east by Bollhae£er; south by Bollhaefer; west by Pequash Avenue. Vote of the Board: Ayes:- ~ssrs: Gillispie, Bergen, Hulseo On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RE~OLVED that the ~outhold Town Board of Appeals set 9:55 P.M. (E.~.T.), Thursday, August 10, 1972, at the Town Office, M~in Road, ~outhold, New ¥o~k, as the time and place of hearing upon application of Thalia Ciaputa, ~oundview Avenue, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, ~ection 300, Subsection B-I}!, for permission to hold a yard sale on August 26, 1972; rain date August 27, 1972. Location of property: bounded north by Michel; east by Right of Way; south by Donapria; west by Donapria. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mm. Hulse, seconded by Mr. Gillispie, it was RE~OLVED that the ~outhold Town Board o£ Appeals set 10:00 P.M. (E.S.T.), Thursday, August 10, 1972; at the Town Office, Main Road, Southold, New Tork, as the time and place of hearing ~outhold Town Beaned of Appeals -3~- July 27, 1972 upon application of Mary Ceochini, Lake Drive, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, gection 300, ~ubsection B-14, for permission to hold a yard sale on August 19, 1972; rain date August 25, 1972. Location of property: south side of Lake Drive, ~o~thold, New York, bounded north by Lake Drove; east by A. Orr; south by Great Pond; west by Silverstein. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Hulse. On motion by Mr. Gtllispie, seconded by Mr. Bergen, it was RESOLVED that the ~outhold Town Board of Appeals set 10:05 P.M. (E.~.T.), Thursday, August 10, 1972, at the Town Office, Main Road, ~outhold, New York~ as the time and place of hearing upon application of Harold and Esther Whol, Oak Street, Eugene Heights, Cutchogue, New York, for a special exception in accord- ance with the Zoning Ordinance, Article II!, Section 300, Sub- section B-t~!, for permission to hold a yard sale on August 12, 1972; rain date August 19, 1972. Location of property: east side of Oak ~treet, Cutchogue, New York, Lots No. 24 and 25, Eugene Heights, Cutchogue, New York. Vote of the Board: Ayes:- Messrs: Guild.pie, Bergen, Hulse. On motion by Fro. Huise, seconded by N~. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 10:10 P.M. (E.~.T.), Thursday, August 10, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of G.T.G. Post American Legion Auxiliary, Main Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to hold an Antique Flea Market Sale on August 19, 1972; rain date August 20, 1972. Location of property: G.T.G. American Legion, Main Road and Tucker Lane, Southold, New York. Vote of the Board: Ayes:-Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Bergen, seconded by M~. Hu!se, it was RE~OLVED that the Southold Town Board of Appeals set 10:15 P.M. (E.S.T.), Thursday, August 10, 1972, at the Town Office, Southo!d Town Board of Appeals -3%- July 27, 1972 Main Road, Southold, New York, as the time and. place of hearing upon application of Goose Bay Civic Association, Oak Avenue, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article iii, ~ction 300, Subsection B-l~, to hold a yard sale on August 12, 1972; rain date August 13, 1972. Location of property: Cedar Avenue and Oak Avenue, Goose Bay Estates, Southold, New York. Vote of the Board: &yes:- Messrs: Gillispie, Bergen, Hulse. On mo~on by F~. Gillispie, seconded by Mr. Bergen, it was RE~OLVED that the Southold Town Board of Appeals set 10:20 P.M. (E.S.T.), Thursday, August 10, 1972, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Old Cove Yacht Club, 01d Harbor Road, New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance, ~ticle III, Section 300, Subsection B-l~, for permission to hold a yard sale on August ll, 1972; rain date Aug. 12, 1972. Location of property: 01d Cove Yacht Club, end of Old Harbor Road, New Suffolk, New York. Vote of the Board: Ay s.- Messrs: Gi!lispie, Bergen, Hulse. The Meeting was adjourned at 11:4% P.M. ~ ~ Respectfully submitted, ~~~ ~C~ ~ Mar joStle ~cDermott, Secretary · ~ ~ ~ . ~outhold Town'card of Appeals Robe~ W. Gillispi~ J~o,lOh~irman