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HomeMy WebLinkAboutZBA-06/01/1961 ( !j FOCA-��G T Southold Town Board ofAppeals S O UTH O LD, L. I., N. Y. Telephone SO 5-2680 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis,Jr. Serge Doyen, Jr. M I N D T :E S SOUTHOLD- TOWN BOARD OF APPEAI;S, June 1, 1961 A regular meeting of the ;Southold. Town Board of Appeals was held 7 30 'P.M. , Thursday, -June: 1, 1961. at .the Town Clerk Office, Main Road, '-Southold, New York. There were presents Messrs. Rob. ert:W: G:ill,ispie, . Jr. Chairman, ..Robert Bergen, : Herbert Rosenberg, and Charles Grigonis, Jr. . Absent:. . Mr. ,Serge Doyen, J'r. PTJBLIC HEARING: Appeal No. 370 7:30. P,M. (E.D.S.T. , upon. -appl cation, of A. V. Roche, .a/c Shell Oil Company, P; 101. Box 412,. .Babylon, New York, for"'a special -exception in accord- ance .with the Zoning-Ordinance, Article X,. 'Section 1007,.. Sub- section .A, , for "permission 'to erect and maintain- ground, sign 'with reduced -setba-ck -and increased. height. Locatiozn of property; south .s:ide= Route 25, -Greenport, . New York, bounded north by -Main Road, east .by,Cleayes Point,-Corp. , south by Robert Preston and west by Ernest Wiggins. Fee paid $15. 00. t Southold Town Board of Appeals -2- June 1, 1961 The Chairman opened the hearing by reading application for a .special exception, legal noti.ce .of hearing and affidavit- attest- ing to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present. who wishes to 'speak for this application? MR. A. V. ROCHE, Shell Oil Company: In accordance with the .applicationwe request this variance because if we comply with the height regulations it would be a possible hazard from trucks hitting the. sign because of the present. day height. of trucks. THE 'CHAIRMAN: What is the top height? MR. ROCHE: Most places we maintained .a minimum of 12 ft. to the lower edge of the sign but that . is past because some of these trucks today are . 12 ft. 6 in. The Company now has .a standard pole which will bring . the sign 14 ft. to the lower-edge. THE CHAIRMAN: In. the drawing for this particular station it shows 6 ft. from the street line, is that correct? MR. ROCHE.: I just found out yesterday when Mr._ King, the owner of the property, showed me a copy of his deed and the sign base is in 12 ft. from th,e property line and from the embankment At is 15 ft. ,so it clears the Town requirements as far as setback is concerned. THE CHAIRMAN: Then you would. only need a special exception for the height. The Board is in agreement that the extra height is advisable.' Is there anyone else present who wishes to speak for this application? (There was no response. ) TBE '.CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) The Board of-Appeals finds that the additional height for - the erection of the Shell oil -Company ground .sign giving 14 ft. clearance from the ground level would be advisable as a .safety f -Southold Town Board of Appeals -3- June 1, 1961 factor due to the h.eight. of the present day trucks using the premises. The Board further finds that the public convenience and welfare and justice ,will be served and the legally established or permitted use of the neighborhood property will not be sub- stantially or permanently- injured .and the spirit of the Ordinance will be observed,,, therefore On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that. A. V. Roche .a/c, Shell Oil :Company be granted permission to erect-and maintain ground sign 21. ft. in height, lower edge 14 ft. above ground level, and entire sign to. be 5. ft. from .any property line. Location of property: south side Route 25, Greenport, New York, property of Charles Kirig. Vote of the Board; Ayes;- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and .Mr. Grigonis. PUBLIC HFA?RING.- Appeal No. 377 - 7:-40 P.M. (E.D.S.T. ) , upon application of A. V. Ro.che, a/c Shell Oil' Company, P. 0_ Box 412, Babylon, .New York, for a special -exception in - accord-ance with .the -Zoning Ordinance, Article IV, . Section 408, for permission to erect and maintain ground sign with .reduced setback and increased height. Location of property; southeast. side Route 25, Southold, New York, bounded north by Main Road, east by J. DePaz, south by Millis Bailey and west by Millie Bailey. Fee paid $15. 00. The Chairman opened the hearing by reading application for . a .special exception, legal notice of hearing and- affidavit attest- to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present -who wihhes to speak for this application? MR. ,A. V. ROCHE, Shell Oil -Company; If we turn the sign around the opposite way it is now part,of it would. be hidden by the service station building. This property has a very narrow frontage. The old sign was hanging out over the highway. .Southold Town Board of Appeals -4- June 1, 1961 THE CaAIRMAN: Are you sure it-,will not.hang over the highway line? MR. ROCHE: No, the contractor said the sign clears the highway by 6 inches. MR. RO,SENBERG: Did you make the sketches in the application? MR. ROCHE: No, Mr. Terry did. I think he measured the location. THE'_CHAIRMAN: Is there anyone present who wishes to speak against .this application? (There was no response. ) The Board finds that .the additional height for the. erection .of the Shell. -Oil Company ground sign giving 14 ft. clearance from the ground level would be . advis;able as a safety measure due to the height -of present .day trucks using the premises. Further, the reduced setback . is necessary because of the abreviated front -yard of this. station, there being only 11 ft. between the front property line and the front of the service station building. The ,Board .also finds that the public convenience .'and welfare and justice will be served and the legally- established or permitted use of the neighborhood property will not-.be substantially or permanently injured and the . spirit -of .the ordinance will be observed, therefore On motion- of 'Mr. Gillispie, seconded by Mr. Gr"igonis, it was RESOLVED that-.A. V. Roche, a/c Shdll Oil Company be granted permission to erect and maintain ground .sign 21 ft. in height .and lower-edge 14 ft. . above ground level. This sign shail. be located 5 ft. from the easterly property line and at least 6 inches from the northerly property line. No part of this sign shall overhang the northerly property line. Location of property: southeast side Route 25, Southold, New York, Premises of Shell Oil Company, Vote of the Board,,:', Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town: ,Board of Appeals -5- June 1, 1961. PUELIC HEARING: Appeal NO._ 378. - 7:50 P.M. (E.D.Z.Tt � , upon application of:A. V. Roche, a/c Shell- Oil Company, P. 0. Box 412, Babylon, New`'York, for a .special exception.in accordance,-with the Zoning Ordinance, . Article IV, Section 408.; for permission to erect -and maintain ground.'. sign with reduced 'setback'and increased height. Location of property: north. side Route 25, -west •s:ide 'Peconic. .Lane, Peconic, New York, bounded north by A. Cierach, east •by. S. -Cierach., . south. by. Route .25, an:d .west by Peconic Lame. Fee paid �15. 00. Th.e Chairman opened the hearing by reading application for .a special exception, . legal notice :of hearing .and 'affidavit attest- ing to its publication in the- official newspape,r.. THE'CHAIRMAM: Is there anyone present who wishes to speak for this application? MR. A. v. ROCBE, Shell b;il CompanY; The variance as shown on the• application. will eliminate possible accidents.. we:.request that :we be permitted.-to exte)id this s ign towards the front property .line. MR. ROSENBERG: Is the. s ign up? MR. ROCHE.: Yes, the .s ign .and pole is up., TIE 'CHAIRMAN: Why -were the signs put.up before receiving permissIOX,? MR. ROCHE: My instruc'tions 'to the;. contractors- were to contact Mr. Terry, the buildng , inspector. The contractor, spoke to,;Mr. Terry and said we .were go<ing to ,repla-ce the. .existing:signs and he.-told the . size of the .signs and Mr. Terry,said .they.wer.e within the- reg- ul;ations, but. forgot to mention -the height:of 'the sign would be' 21 ft. , so they°proceeded to go to work.. They~got. the.. s gns in be fore-,Mr. ferry got.out tQ .see• them. THE CHAIRMAN:. -If -the s ign is 14 ft. high it ,will, clear the vision .on the''corner, but we -cannot_ allow it- to face. closer to the property line than 5 : ft. If you swing it around.to the north it. Will, -comply. MR. ROACHES I_f we swing it around the building east.of it would black of the view. Southold Town Board of Appeals -6- June 1., 1961 THE, 'CHAIRMAN: Mr. Rosenberg and I took p. ctur-es ' of: each of these.. stations .and'we have a .picture of this: station..approach, ing it from the east. The Vail building would not-obstruct -the- Vis ib il.ity of the sign. else Is there anyone/present who wishes to speak.' for this appli- --cation? (There was .no 'response. ) THE'CHAIRMAN; Is there anyong. present;who wishes to speak Against this application? .(There was no response. ) The Board finds the.,additional height for the.-erection .of the Shell Oil -Company ground' sign giving 14 ft.-clearance from the ground level would ?e :adv.'isable as a ..safety.measure due to the height .of present-:day trucks using the=premiees. The Board further finds that the- public :convenience .and .welfare and justice will* be .s'erved and the legally established or permitted use of the neighborhood property,will not be substantially-or 'perm- anontly injured .and ,the : spirit -.of th'e .-Ordinance will :be observed, therefore, On motion- ;of Mr.. Gllispie, seconded by Mr. Bergen, it, was RR30LVBD, that A.- V. Roche, a/c Shell Oil -Company be granted permission to erect -.and maintain grqund' sign 21 ft. in height`, and Iowor edge 14 'ft. from 'the ground. level. This entire sign shall be located'.at 1-east .5 ft. from:,-Any property line. Location .-of property: . north side Route •25 and .west . side Peconic .Lane, Peconic. premises .of. Shell Oil Company. Vote of the Board: Ayes,: fir. Gillispie, Mr. Bergen, :Mr. Isenberg, and ;Mr. Grigonis. PUBLIC HEARING: Appeal No- 379 - Upon .application of A. V. Roche, a/c $hell oil-Company. Sox' 412, Babylon,. New York, far 'a special exception. in-:accordance with the Zoning :Ordinance, Article IV, Section 408, 'for 'permissioh to erect.,-.and maintain ground sign with reduced setback and. increased height. Location -of property: Southold Town Board of. Appeals -7- June 1, 1961 north side Route 25 . and .west side Depot ,Lane, Cutchogue, New' York, bounded north by Alex 'panowski, east -by .Depot .Lane,. south by Route 25., and-west. by James Wickham .Est. Fee paid $15. 00. MR,. A. V. ROCHE, Shell. Oil Company; I would. like to with- draw this application due to the fact if the sign were hung facing in or out it would not intake any -difference. The conditions with trees -are- so bad that it would not make any difference. We do not even need :the height. I think we will put up.. a lower type ground .sign. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that Appeal No. 379, . Shell Oil- Company be .withdrawn without prejudice to future applications. Vote o.f the Board; Ayes:-- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and. .Mr. Grigonis.. PUBLIC HEARING: Appeal No. 380 - 8; 10 P.M. (E.D.S.T. ) , upon application of A. V. Roche, a/c Shell Oil Company, P. O. Box 412, Babylon, New York, for a .special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect a nd.maintain ground sign with increased height. Location -of prop- erty; Hamilton Avenue and .Wickham Avenue ( County- Route 27A) , Mattituck, New York, bounded north by Zimnoski, east by Wickham, AVenue, south by County Route 27A, and west by- other ]amd of H. R. R eeve, Inc. Fee paid $15. 00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and. a.ffidavit attesting to its publication in the official newspaper. THE CHAIRMAN: Is there .anyone present. who wishes to speak for this application? MR. A. V. ROCHE, - Shell Oil Company; This application is requested to-. eliminate possible accidents. due to the construction of the present day trucking equipment. TEE CHAIRMAN; Where would you .erect .this sign, on the corner? Southold Town Board of'Appeals -8- June . l-, 1961 MR. ROCHE: No, sir, it would be 30 ft. from Wickham ,Ayenue . and 6 ft. from Hamilton Avenue .and it will be hung facing inside. THE CHAIRMAN; Is there anyone present who wishes to speak against this application? (There .was no response. ) The Board finds the additional, height for the. erection .of the Shell Oil Company. ground .sign giving 14 ft, clearance from the ground level would be advisable as a safety measure due to the height ..of .present .day trucks using the premises. The Board further finds that_ the public convenience and welfare and justice will. be served and . the legally established or permitted .Use of the neighborhood property will not be substantially .or- perma- .,nently injured and the spirit of the Ordinance will be observed, therefore On motion .of Mr. Gillispie, seconded by Mr. Bergen, it -was. RESOLVED that A. V. Roche, a/c Shell Oil -Company be granted permission to- erect -.and maintain ground sign 21 ft. in height ,and lower edge 14 ft. from the ground .level. This entice sign shall be located-..at least. 5 ft. from- the property line. Location .of property: Hamil-ton.Avenue and-Wickham Avenue (County Route 27A) , Mattituck, New York. Vote of the .Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 381 -- 8: 20 P.M. (E.'D.S.T. ) , upon .application of A.-V. Roche, a/c Shell. Oil Company, R. O. Box 412, Babylon, . Ngw York, for a special exception.in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain ground sign with reduced setback and increased height. Location of property: south side Route. 25' and Old State Road and Bray Avenue, Laurel, New York, bounded north .by Route 25, east by Della chew, south by Old Road .and .west :by Old Road -and ,Main Road. Fee paid $15. 00. Southold Town Board of Appeals -9- June 1, 1961 . , The Chairman opened the hearing by reading application for a special -exception, legal notice of hearing and affidavit-.attest- ing to its publication in the official newspaper. THE CHAIRMAN; Is there anyone present. who wishes to speak for this application? MR. ,A. V. ROCHE,, Shell Oil CompanY; This variance is also requested to eliminate possible accidents due to the height of present. day trucks. THE CHAIRMAN: In your application you . indicate you wish to install the sign pole 15 ft. from apex of the triangle. That was amended to 20 ft. when you spoke to us before., is that- correct? MR. ROCHE: Yes, it will be at least ,20 ft. back. THE CHAIRMAN; This will be a .rotating -circular sign? MR. ROCHE: Yes, with the same dimensions as the hang-out sign. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) -The Board finds that the additional height for the erection of the Shell Oil Company -ground sign giving 14 ft. clearance from 'the ground .level would be advisable as a safety measure due to the height of present day trucks using the premises. The Board further finds that the public convenience and welfare and justice wil.l_ be served and the legally established or permitted use of neighborhood property will not.be substantially or perma- nEn tly injured and the- spirit -of the Ordinance .will be observed, therefore 'On motion of .Mr. Gillispie, seconded by.Mr. Bergen, it was RESOLVED that_A. V. Roche, a/c. Shell oil -Company be 'granted permission to erect and maintain ground sign 21 ft. in height and lower edge 14 . ft. from the ground level. The location -of this sign is to be at the triangle of this property, no -closer than 1 ft. to any property line and at least ,20 ft. from the apex of the triangle. ,Southold Town Board of Appeals -10- June 1, 1961 Vote of the Board; Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and '.Mr.. Grigonis. The Board°of Appeals. received a . letter from ,Alfred Goldsmith, Eagle Hook &,'Ladder -Co. , Southold Fire Department- requesting permission to, "'put up posters advertising a block party throughout Southold fire district at various locations on trees, etc. Also, one . larger sign in front. of 'the- fire house. The signs would be up from .about June 7th to July 8th at ;which time they would be taken down. On moti6p'of Mr. Gillispie, ,seconded by Mr. Rosenberg, it was RESOLVED that. the Board of Appeals grant permission to Alfred Goldsmith, Eagle Hook & Ladder Co. , Southold Fire Depart- ment, to place approximately 50 posters on the Main Roads a4d .in stores in the ,Southold Fire District -.on the 7th of.-June 1961 tb the 8th of ,July,' 1961, a period of 'approximately 32 days. These posters will advertise a block party. In the letter requesting permission by Mr. Goldsmith it was agreed to. remove these posters" as soon .as possible after July. 8th. It is believed this is in the public interest. It is spec' fically, forbidden to place these posters on utility poles 'or on private property without permission. Vote. of' the Board.: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg? . arid;''Mr. Grigonis. The minutes of the :meeting .of May 25, 1961, . on motion. of Mr. Gillispie., seconded by Mr. Bergen, were approved .as submitted. Vote of 'the. Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and' Mr. Grigonis. PUBLIC HERRING: Appeal No. 375 - 8;45 P.M. (E,.D..S. T. ) , upon application of Mattituck Merchants AssQciation, Love Lane and Pike Street, Mattituck, New York, for a Special exception in accordance with the Zoning Ordinance, Article V, Section 502, Southold Town -Board of :Appeals -11- :June le 1961, . . for permission to erect and ma.intain. directional- sign on .industrial property of Mattituck -Qil , Corp. , Luther Road .and Mattituck Creek, Mattituck, New York. No fee required- - non-profitjaax exempt organization. The Chairman , opened the hearing by xeadingapplication fora special-: exception, legal notice -of hearing, affidavit attesting to its publication in. the official. newspaper, and. letter' of per- mission from the property owner. THE, -CHAIRMAN: Is there anyone present who wishes to speak for 'this application MR.. ALOIS. J. LUTZ, Chairman, ;Mattituck .Merchants Association, .I,ove Lane and Pike. Street, Mattituck„ New York: If the., sign is too excessive it can be cut . down. it 'will be fa-cing. th:e Sound on an ,-oil tank in Mattituck -Creek. Re feel it is necessary to direct the .people down the creek. The boats get -,as- far- as the Anchor Inn or Old Mill and think that -is as far. as they can go. ,. .close ' THE.',CHAIRMAN: How�can they get,-to the, shopping center by. boat? MR. LUTZ: Approximately 500 ft. p THE CHAIRMAN: Is there anyone present who wishes to .speak against this applicatioN? (There -was no response. ) The Board finds that the erection of. a .sign directing transient .boats and yachts- to the Mattituck , Shopping Center" is "necessary ,and will be- he.lpful to the travelers:. 2t:has been determined that , approx- imately.1 0' 3?oats visit.Mattituck .-Creek :over 'a weekend during the . summer months. This =sign- would direct them to the location of . facilities for- -securing .supplies and -other. s-ervices. The Board Finds that the public conYenience and-welfare and just%ce will be served and the legally established or permitted use of neighborhood property will not be .substantially or perma nently. injured and the spirit'-.of. the 'Ordinance will be" observed, therefore -On. motion of Mr. -Oillispie, seconded by Mr. Grigonis, it:was Southold Town Board of Appeals -12- June 1, 1961 RESOLVED that Mattituck Merchants Association be granted permission to- erect and.maintain directional sign on oil tank of Mattituck Oil Corp. , - Luther Road .and Mattituck Creek, Mattituck, New York. S ize of this sign to be .10 ft. in height by 12 ft. in length with the wording: ! "Xelcome, Mattituck .Shopping Center, 2 mi. ahead. " This sign is larger than normally permitted so that it .will be effective, due to the fact. it is on a• convex surface and has to be visible from a considerable distance over the water., Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal .No. 38.3..- 19; 00 p.M. (E.D.S.T) , upon application of Julius' Zebroski., Bay View Road, Southold, New York, a/c Leslie. Gazzola, 1170-81 street, Brooklyn 28, New York, for recognition of access in accordance with State of New York. Town Law Secti on 280A. Location of property: private right-of-way, south side Bay View Road, Southold, New York. Property bounded north by private road, east -by-A. J. Gazzola, south by Canal, and west -by private road and. Zukas. No fee necessary - access. The Chairman opened the hearing,by reading application for xecognition of access, legal notice of hearing ,a.nd .affidavit .attesting to its publication in the official newspaper. THE CHAIRMAN; The accesswhich is requested. to the Leslie Gazzola .lot- is the most .southerly lot on the west boundary of this property. Is there anyone present. who wishes to speak for this application? MR. JOSEPH SNELLENBERG, Southold, New York: I. am appearing for 'the applicant as his attorney. This is a. request for. -access. The property is adjoining a large area sold off completely prior to the -enactment of the Zoning Ordinance. The parcels adjoining. are completely developed. with summer cottages. There are two other right-of-ways there, one of which is not toodesirable in the winter. There is an :element :of hardship. He has four lots on the right-of-way with which we are concerned, one is the lot for which we are applying. There are three-. lots on the . other side which will be affected by the other application. He is applying for Gazzola which is the back , lot. Southold- Town Board of 'Appeals al3,- .June 1. 1961 MR. ROSENBERG.:, When was this lot sold? MR.. . SNELLENEERG: Approximately 12, years ago. MR. ROSENBERG: Do you have the deed to this parcel? (Mr. Snellenberg produced .a copy -of the deed. ) MR. ROSENBERG: He is applying for a. somewhat larger piece of property than Mr. Gazzola has. How can he do that? MR. SNELLENBERG: Mr. Zebroski is the contract vendee of the parcel. MR. ROSENBERG: The only thing he can apply for is the property . he owns. The variance goes with the land, but what he is asking for is land that is not. the 'size of the land he bought 13-2 years :ago. He can, only ask for the. parcel of 'record. THE.CHAIRMAN: To clarify the record, Mr. Zebroski'.owned 25 to 30 acres prior to the Zoning Ordinance and developed approximately 2/3 of it :and that left him with a parcel. which is 6 to 8 .acres which we are discussing tonight and which we understand was sold jointly to 9 purchasers. e MR_ SNELLENBERG: These purchasers had deeds to specific parcels originally. THE CHAIRMAN; And. they have been taxed -that way? MR. SNELLFkNBERG-, I would assume so. THE CHAIRMAN: And these 9 owners had 11 lots set up and. they have now been reduced to 9? MR. SNELLENBERG: From= 10 to 9. THE CHAIRMAN: who owned the 1,0th lot? MR. SNELLENBERG: The loth lot .which is of, record is owned by a man named Donahue. MR. ROSENBERG: When did. you find out that deeds were given 1 i or two years ago? MR. SNELLENBERG; I drew the deeds myself. Southold Town Board -of .Appeals -14- June 1, 1961 MR. ROSENBERG: Do you recall appearing before the Planning Board in Marchand saying the man would like to divide the property, when it had been divided a year ago? And the Planning Board answered. you and said if it is more than four lots a .plan for a subdivision would have to be submitted to them? MR. SNELLENBERG; I told the Planning ,Board that Mr. Zebroski, when he was, going to cut this property up, would have title to it. The main purpose of the meeting with the Planning Board was to. get approval of the 50 ft. highway. MR. ROSENBERG; The Planning Board, from their minutes, was under the impression that'.Mr. Zebroski, wanted to divide property into lots and have a 50 ft. road. Did he own the land the night you were before the Planning Board? Did he have deeds to it? MR. SNELLENBERG: He had given deeds to other people. THE'CHAIRMAN., Then Mr. Zebroski had a .contract either verbal or written by which all of these people would deed back to him if he wished to meet certain. requirements if it became necessary? MR. SNELL'KNBERG: Yes. Now, the question as I understand it, tonight is under Section 280A which is the same question which. you are presented under an ordinary application for a variance, and that is hardship to the particular. parcel. THE .CHAIRMAN: 'We are also concerned with the subdivision regulations which were passed long before the Zoning Ordinance. 'Kith more than 4 lots you are into a_ subdivision and that has nothing. to do with the Board of Appeals. When-Aas th.is . lot in question conveyed? MR. SNELLENBERG: The Leslie Gazzola contract is March 16, 195.9. Conveyance June 16, 1959 and recorded .June 22, 1959. MR.. ROSENBERG: Therefore he ,doesn`t own the parcel that he applied for? MR. SNELLENBERG: This is a smaller parcel. If there is an agreement between Mr. Zebroski -and these people to convey them sufficient land, to make the lots large enough to comply with the Zoning Ordinance it should be satisfa-ctory. Southold Town Board of Appeals -15- June 1,- 1961 MR. ROSENBERG: Mr: Gazzola is now applying for access to a lot .greater than he owns. It is not the lot he purchased in 1959 therefore he is applying for something, that., is not his. MR. SNELLENBERG That . is true. MR. ROSENBERG: Are there any monuments on this land? MR. $NELLENBERG; No, . I .do not believe there are. MR. ROSENBERG; He has ,no authority to break up this land into. nine parcels without submitting it to the Planning Board. No one is .permitted under our ordinance to divide land up to _suit themselves. If. it is larger than four. 1-ots and the access is one which we think there is a hardship concerned it . comes here. If it is question of a man making -arbitrarily -nine lots he .cannot do it. I do not.. see how the Board of Appeals can grant access to- this lot because every- thing required for practical difficulty and unnecessary hardship must -be .answered in the affirmative, and. what hardship -can a man clairm He has a back lot and he does' not even own the land he is. asking a variance on . Further, access requires an engineers survey and it -does not exist. .MR. $NELLENBERG: I suggested to Mr. Zebroski -that he file a subdivision. However, he feels it .is too small. to file for a sub- division. I was not then -.and am not now familiar. with the sub- divi,sion .regulations. THE- cHAIRMAN: Is th.ere anyone present who wishes to speak against this -application? (There was no response. ) From the results of- the Board of Appeals investigations .and information furnished at the hearing by the attorney who has been. connected with this matter from .its inception, the Board finds that this parcel of land from which the present lot was sold was subdivided about the middle of 1958. Our Ordinance expressly forbids (Section 1000A) such a division of land. The Subdivision Rules and Regulations of the Town of Southold forbid such a division. Nevertheless the predecessor owner proceeded to deed lots to nine individuals. The present applicant for recognition of access ( Town Law Section 280-a Subdivision 3) does not own part of the land for which he seeks right of access. Southold Town Board of Appeals -16- June 1, 1961 The map which he has offered to this Board purports to represent his property. This is not the map used for the purpose of conveying the lots to the several buyers. The deeds call for a 50 ft. right-of-way. The present- applicant produces a map showing a 25 ft. right-of-way. According to the application many maps have been drawn since the property was conveyed, but no transfer of ownership. According to the official minutes of the Planning Board (March 15, 1961) a representative of the predecessor owner re-' quested permission to subdivide the land and was informed of the rules and regulations. The attorney representing the owner failed to inform the Planning Board that the land had already been divided and deeds given about a year prior. This attorney had prepared the deeds. The attorney who appeared at the instant hearing informed the Board of Appeals that there is no intention to seek a build- ing permit for this lot as this and all the other lots involved are to be conveyed to the predecessor owner who will then make formal application to the Planning Board for a proposed subdivision. Under these circumstances it is difficult to understand the appli- cation for recognition of access. No unusual hardship or practical difficulty has been shown by this applicant. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Julius' Zebroski, a/c Leslie Gazzola be denied recognition of access in accordance with State of New York Town Law Section 280a. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. 384 - 9: 15 P.M. (E.D.S. T. ) , upon application of Julius' Zebroski, Bay View Road, Southold, New York, a/c Prosper Clust, 40-85 Street, Brooklyn, New York, for recognition of access in accordance with State of New York Town Law, Section 280a. Location of property: ::private right- of-way, south side Bay View Road, Southold, New York, bounded Southold Town Board of:Appeals -17- June L, 1961. north by Ray Boggiano, east by private road, . south by Albert G. Bergen, and west by -Aaron Blakeman. No fee necessary for: access. Mr. Snellenberg moved that -he be permitted to withdraw the ; application of Julius Zebroski, a/c Prosper Clust because Mr. Clust owns less than applied for in the application for access. On motion of-Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that application .of Julius' Zebroski, a/c Prosper. . Clust be withdrawn without prejudice. Vote of the Board: Ayes: - Mr. Gillispie, Mr. Bergen, .Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Gillispie, seconded by Mr. Rosenberg, it was RESOLVED that hearing upon application of Greenport -Lumber Division of Penny Lumber, Inc. , Main Road, Greenport, New York be postponed until June 15, 1961 to give the applicant an opportunity to be present at the hearing. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. The Secretary was instructed to forward a letter to Mr. George L. Penny, 3rd, advising him that the above hearing was postponed to June 15th. On motion of Mr. Grigonis, seconded by Mr. Rosenberg, it was RESOLVED that the Board of:Appeals set .7:40 P.M. (E.D.S.T. ) , Thursday, ." June 15,' 1961, Town Clerk Office, Main Road, Southold, ; New York, as time and place for hearing upon application of Henry Kratzke, . Old Orchard Lane, East Marion, New York, fora variance in accordance with the Zoning ordinance,. Article III, . Section 305,' for permission to reduce setback on a corner lot. Location of property: Lots 51. and 52 on map of Gardiner's Bay Estates, East Marion, . New York. Vote of the Board: .Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals -18- June 1, 1961 On motion of Mr. ,Rosenberg, s.econded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:50 P.M. (E.D.S.T. ) , Thursday, June 15, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Walter W. Washburn and Sema Washburn, Bay Avenue, East .Marion, New York, for recognition of access in accordance with State of New York Town Law, Section 280a. Location of property: west side Bay Avenue, East Marion, New York, bounded north by M. I3cown Estate, east by E. Brown, south by other land of Washburn, and west by E. G. Radford. Vote of the Board: Ayes:- Mr. "Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Bergen, seconded by Mr. Gillispie, the Board set 8: 00 P.M. (E.D.S.T. ) , Thursday, June 15, 1961, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of Thomas B. Reeve, Maiden Lane, Mattituck, New York, a/c Mattituck Gun Club, Inc. , to reverse the order of the Building Inspector requiring permit to operate a rifle range in connection with a private club. Location of property: east side Cox's Lane, Cutchogue, New York, bounded north by Mary Doroski, east by J. Skirel, south by Isidore Krupski, and west by Cox's Lane. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. I$ was further RESOLVED that legal notice of hearing be published in the official newspaper under date of June 9, 1961. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergenr Mr. Rosenberg, . and Mr. Grigonis. Mrs. Reiter from the "Barge". Southold, appeared before the Board of Appeals for an informal discussion relative to erecting signs on the "Barge". In particular she wished to erect a sign on the roof of considerable size. The Board advised that such a sign, or any roof sign would not be permitted and it has been denied to all others. At present there are several signs on the "Barge" _ itself and also there are ground signs. Mrs. Reiter stated that she would then repaint certain signs that were on the "Barge" before they repainted it last year. She was advised she may replace anything that had not been discontinued for two years. Southold Town Board of'Appeals -19- June 1, 1961 The minutes of the meeting of may 18, 1961, on motion of Mr. Gillispie,i seconded by Mr. Bergen, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. the next meeting of the Southold Town Board of Appeals will be held Thursday, June 15, 1961, at the Town.0 lerk Office, Main Road, Southold, New York. Meeting adjourned at 11: 30 P.M. Respectfully submitted, iu&aithdT. Boken, Secretary ROVED q G Chairman B and of Appeal p