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HomeMy WebLinkAboutZBA-06/28/1962 r z S O'UTH O LD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Herbert Rosenberg Charles Gregonis, Jr. Serge Doyen, Jr. M I N U T E S SOUTHOLD TOWN BOARD OF APPEALS June 28,, 1962 A regular meeting of the- Southold Town Board of Appeals was held 7:30 P.M:,. Thursday, June 28., 1962 at the Town Clerk Office,- Main Road`: Southold, New York. There were present: Messrs. Robert W. Gillispie,, Jr. , Chairman.,.,- Robert Bergen, Herbert •Rosenberg, and Charles Grigonis., Jr. Absent: Mr. Serge' Doyan, Jr. PUBLIC HEARING: Appeal No. 469 - 7:30 P.M. (E.D.S.T. )•,, upon application of George Kophenr, 92 Burnham Avenue., Roslyn Heights, New York, for a recognition of access in accordance with the New York• Sta��aw,•. Section '280A. _ Location of. property: private right-of-way, south side Bay View Roads..- Southold,. New York. Property bounded north by M. D. Dickersonr.. east by E.. L. Martz,. south by private right-of-way,,_ and west by-F. Hancock. Fee paid $5. 00. The Chairman opened the hearing by reading application for recognition of -access, legal- notice of hearing.,, affidavit attesting to its publication in the official newspaper and notification to the applicant. { Southold Town Board of 'Appeals -2- June 28, 1962 THE CHAIRMAN: is there anyone present who wishes to speak for this application? (There was no response. ) MR. ROSENBERG: I was down there and that road is in excess of 15 feet and it is perfectly clear and other residents use the road?. the applicant is the last lot on the road. THE CHAIRMAN: Is there anyone present who wis.hes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that access to the property involved in this application is by means of a private road which is passable in excess of 15 feet and which is used by residents and others to reach the Bay. The Board finds that strict -application of the Ordinance would produce practical difficulties or unnecessary hardships, 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 districts, and the variance does observe the spirit of the Ordinance and would not change the character of the districts, therefore On motion of Mr. Gillispies seconded by Mr. Bergen, it was RESOLVED that George Kophen be granted access to his lot located on private right-of-ways south side Bay View Road, Southold, New York. This is a private farm road'a known as Sunset -Lanes off the south side Bayview Road,z over land of A. Davis and others. Vote of the Board: Ayes:- Mr. Gillispies., Mr. Bergen,. Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Gillispie, seconded by Mr. Grigonis it was RESOLVED that the minutes of June 26, 1962 be approved as submitted, 4 Southold Town Board of Appeals -3- June 28e. 1962 Vote of the Board: Ayes:- Mr. Gillispiea. Mr.. Rosenberg.. and Mr.. Grigonis. PUBLIC HEARING: Appeal No. 470 - 7:45' P.M. (E.D.S.T. ) e upon application of Woodhollow Properties,,. Inc. : 3 Glen Lanes, Glenwood Landings,. New York by George A. McManns, Jr. e. Greenport.e, New Yorke for a special exception in accordance with the' Zoning Ordinance,... Article IV.;. Section 408.?. for permission to erect -and maintain a second on-premises ground sign at the Orient-By-The- Sea Yacht Basin'j south side Route 25e Orient Point:.. New York. . Fee paid $5. 00. The Chairman opened the hearing by reading application for a special exception,, legal notice of hearings, affidavit_ attesting to its publication in the official newspaper -and notification to the applicant. THE' CHAIRMAN: Is there anyone present who wishes to speak for 'this application? GEORGE A. MCMANN, JJR..,. ESQ.., Greenport.e.New York: There is nothing-1 can addto the application. It gives the location of the sign and wording. (The Board discussed the size of the sign which is to 'be 5 ft. 6 in. by 12 ft. 6 in. and 9 ft. from the ground level to the upper edge. The wording to be placed on both sides of this sign which will face the shore and water was discussed also. ) THE CHAIRMAN: Is there anyone present who wishes to speak - against this application? (There was no response. ) After investigation and inspection the Board finds that this newly constructed modern marina is in need of identification from the water and the request for a sign 5 ft. 6 in. by 12 ft. 6 in. and 9 ft. high at- the water entrance is necessary. In consequence permission is granted to erect the sign applied for.. double faced. and illuminated if desired. Southold Town Board of Appeals -4- June 28, 1962 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,,. therefore On motion of Mr. Gillispie._ seconded by Mr. Grigonis, it was be RESOLVED that' Woodhollow Properties,, Inc.,/granted permission to erect and maintain a second on-premises ground sign at the Orient-By-The-Sea Yacht Basin,, south side Route 25. Orient Point,. New York. The size of this sign shall be 5 ft. 6 in. by 12 ft. 6 in. and shall be 9 ft. above the ground level. The sign will be double faced and may be illuminated. Wording to be: Outboard side - Marina - Restaurant; In Shore side - Orient-By- The-Sea Yacht Basin. Vote of the Board: Ayes:- Mr. Gillispie., Mr. Bergen, .Mr. Rosenberg,.. and Mr. Grigonis. PUBLIC HEARING: Appeal No. 471 - 8: 00 P.M. (E.D.'S.T. ) ,. upon application of Woodhollow Properties,,. Ines 3 Glen Lane, Glenwood Landing, New York., by George A. McMann. Jr. ,. Greenport, New York,. for a special exception in accordance with the Zoning Ordinance,. Article IV, Section 408,, for permission to erect and maintain a third on-premises g3mnd sign at the Orient-By-The- Sea Yacht Basin, south side Route 25, Orient Point... New York.. Fee paid $5. 00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing,, affidavit attest- ing to its publication in the official newspaper and notification to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GEORGE 'A. MCMANN, JR., ESQ. , Greenport, New York: I would like to amend the dimensions from 9 ft. diameter to 6 ft diameter and height from 9 ft. to 19 ft. I have a letter from the Building Inspector stating that the correct dimensions are 7 ft, diameter and 19 ft. in height. Southold Town Board of Appeals -5- June 28, 1962 MR. MCMANN: The purpose of this sign is to catch the boating traffic going through Plum Gut. THE CHAIRMAN: Is there anyone present who wishes to object to this application? (There was no response. ) After investigation and inspection the Board finds that a standard Gulf sign 6 ft. in diameters approximately 19 ft. high indicating gasoline and other supplies for sale is necessary to inform the boatmen of the existence of the marina. This is standard procedure for marinas. 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 permamently or substantially injured and the spirit of the Ordinance will be observed, therefore On motion of Mr. Gillispiee . seconded by Mr. Bergen.. it was RESOLVED that Woodhollow Propertiest Inc. be granted permission to erect a third on-premises ground sign at the Orient-By-The-Sea Yacht Basin, Orient Pointe. New York. This sign shall be 6 ft, in diameter with theuurding: "Gulf Oil"e, and shall be 19 ft. in .height. 'dote of the Board: Ayes:- Mr. Gillispiej Mr. Bergen,. Mr. Rosenberg, and Mr. Grigonis. , On motion of Mr. GillispieY seconded by Mr. Bergen,, it was RESOLVED that the minutes of June 21t 1962 be .approved as submitted. Vote of the Board: Res:- Mr. Gillispie, Mr. Bergen,, and Mr. Rosenberg. Southold Town Board of Appeals -6- June 28, 1962 On motion of Mr. Gillispie, seconded by Mr. Bergen, itwas RESOLVED that the' Board of :Appeals set 7:30 P.M. (E.D.S.T. ).,, Thursday,, July 12, 1962, Town Clerk Office,. Main Roads. . Southold,, New York as time and place for hearing upon application of :Phyllis R. Moore, 3 Bryant Road, Glen' Cove, New York,, for recognition of access in accordance with .State of 'New York Town Law, Section 280A. Location of property: south side Peconic Bay Boulevard,.- Laurel, New 'York, property bounded .north by land of :Phyllis 'R. Moore, east by J. A. Driscoll, south by land of :Phyllis R. Moore, . and west by G. L. Penny. Vote of the Board: Ayes: Mr. Gillispie,.. Mr. Bergen,, .Mr. Rosenberg, and Mr. Grigonis. On motion of Mr. Bergen,.. seconded by Mr. -. Rosenberg,,. it was - RESOLVED that the Board of:Appeals set 7:45 ' P.M. - (E.D.S.T. ) ,, Thursday,, July 12,, 1962s. Town Clerk Offices. Main Road,, - Southold,. New York as time and place for hearing upon application of Alexander - W.. Koke and Frederick C. .Koke,. Youngs Avenue,. Southolda.. New York,. for 'a variance in accordance with the Zoning Ordinance.,.. Article IV.,, _ Section 4098 for permission to set off 'a business lot with reduced frontage andarea. ..Location of property: - west side Youngs Avenue, . Southold, New York,, bounded north by. other land ofKoke Bros. ,, east by Youngs Avenues,. south by 'C. =Eiscmannr . and'west by. other land of Koke Bros. Vote of the Board: Ayes:- Mr. Gillispie,. Mr. Bergen, . Mr. Rosenberg, . and Mr. Grigonis. On motion of Mr. Rosenberg, . seconded by Mr. Grigonis.s it was RESOLVED that the Board of Appeals set 8: 00 'P.M. (E.D.S.T. ) , Thursday, July 121. 1962, Town Clerk- offices.- Main Road,. Southold=, New York as time and place for hearing upon application of Russell Tabor & Sons.,. Village Lane, Orient,, New York,, for 'a special exception in accordance with the Zoning -ordinance, Article X, Section 1003A, . for permission to expand an existing private labor camp. Location of property: east side -Platt Road, Orient, New York, bounded north by-W. B. Karcher and V. T. . Latham,, east by R.- W. Gillispie:,, south by G. - W. Hallock and west by.'-Platt Road. Vote of the Board: Ayes:- Mr. Gillispie,. Mr. Bergen,. Mr. Rosenberg, . and Mr. Grigonis. Southold Town Board..of Appeals -7- Junes 28s .1962 It was further`RESOLVED that legal notice of hearing be published in the official newspaper on July .5s 1962. Vote of the Board: 'Ayes:- Mr. _ Gillispie, Mr. Bergen,,. :.,: Mr. Rosenberg, and Mr. Grigonis. PUBLIC HEARING: Appeal No. .472 - 8:30 P.M. (E.D.S.T. ) , upon application of Falcarozs Greenport -Lanesa _ Inc. , .Moore=s -Lane,. Greenport, New York,.• for a special exception in accord- ance with the Zoning Ordinance,, Article IV,. 'Section 408s. for permission to maintain a "BOWL" sign on the roof of .Falcarois Greenport -Lanes,, Inc.;=, Greenport,, New Yorks .east side Moores Lane. Fee paid $5. 00. The Chairman opened the hearing by reading application for a special exception7. legal notice of hearings affidavit attesting to its publication in the official newspaper and notice to the applicant. THE 'CHAIRELAN: Is there anyone present who wishes to speak -for this application? STANLEY -S. CORWIN, ESQ. , . Greenports, 'New York; I do. THE CHAIRMAN: As I recall the original sign was to be placed on steel beams on the side of the building. Who was the sign maker? MR. TERRY: Colonial Hites. They 'made the signs and .shipped them out to be erected. They made the original application. They received an increase in height so it could be seen from .the Main Road. It was to be set so that it could be seen between Kalin=s Florist and Herzog's house. . MR. C ORWIN: Mr. Falcaro did not have any idea what was going on other than he had seen the plans generally and he approved them. He was trapped in the middle of this. Even now the rents have been assigned to a fourth party. I took the pictures to indicate what was my reaction ' to this thing when I found out it was in tuolation. ,MR. ROSENBERG: Mr.. Corwins, you were here at the hearing in March, . as well as Mr. Falcaro and Mr. Constantine King.,. and the blueprints were also here. Everyone looked at them and talked about them and the sign was .-' ordered according to Mr. . Falcaro=s Southold Town Board of Appeals -8- June 28, 1962 own blueprints. . Everything wa s sent down to Colonial Hites and Mr. Falcaro according to information we have from the sign man and Mr.. Shader who was astounded the sign was put -on the roof.,, Mr. Falcaro ordered the . sign put on the roof, . rather than where it was supposed to be, . where he himself selected for it to go originally. Here are the minutes of the hearing and everyone seemedto be happy about the location. Mr. Shade, the sign man; was shocked,. he said that was not the arrangement made with him. . According to statements made by Mr. Falcaro, he said he will put the sign any place' he pleases. MR. CORWIN: At the time the original application was made he came here at the request -of Mr.- Constantine King, he did not know much about it. Mr. Falcaro did not realize the significance of what was going on or being done. I think -if :Falcaro had been aware at the beginning of this it -would not have happened that way. -MR. ROSENBERG: ' At -a meeting in': February between the Planning Board .and Board of :Appeals the question of roof signs came up and the Ordinance was changed after that,, and it was definitely the opinion of everyone that roof signs should not be permitted and I can assure you the attitude of the Boardt had he applied at that time,, he would not have had a roof sign. . We went overboard with him. He picked out the sign and size and it was allowed on the side of the building facing the street and the man ordered it placed there oil the roof. MR. CORWIN: I'-do not know how it got there but I do not doubt what you say. THE CHAIRMAN: The question now is whether this .sign can remain on the roof or be set down. MR. CORWIN: Are you suggesting that ' it be set down on the front? THE' CHAIRMAN: No.. I do not know what should be done. MR. CORKIN: It is ou-r position that this sign will not harm the health, =>.afety and welfare of the surrounding property and Town of :Southold and I th ink you will find that it has not harmed property values in anyway. Southold Town Board .of Appeals -9- June 28.s, 1962 MR. ROSENBERG: Every restaurant has come in fora roof sign in the past years and not one has been granted. This is definitely forbidden in the Ordinance. THE' CHAIRMAN: What do the other members of the Board think? . MR. BERGEN: I. do not think .it should be allowed on the roof.- I think .it :should be placed on the side where he requested. MR. GRIGONIS: I was happy with the original decision of the Board and would like to see it where it should be. .. MR.. ROSENBERG: I am opposing it. MR. CORKIN: I request that the Board grant me a recess so that I may discuss a new location with my client. On .motion of 'Mr. Gillispie,r seconded by Mr. Bergen,_ it was ' RESOLVED that-.,Stanley Corwins.. a/c Falcaro Greenport -Lanes be granted a recess until 9: 30 P.M., July 5,. 1962,, at-which time this hearing will be resumed. Vote of the Board: Ayes:!-- Mr. Gillispie,t, .Mr. Bergen,.. Mr. Rosenberg,. and Mr. Grigonis. PUBLIC HEARING: Appeal No. 473 dated June 18,. . 1962 — 8:45- P.M. (E.D..S.T. ):,: upon application of Falcaro=='s Greenport -Lanes, Inc. ,- Greenport, New .Yorks, for a special exception in accordance with the' Zoning Ordinances Article IV,, Section 408,. for permission to maintain a "RESTAURANT" sign on the center section of the front wall of 7alcaross Greenport Lanes.s Inc. ,,. east side Moore'$s .Lane, Greenport... -New York. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exceptions, legal notice .of hearing,, affidavit attesting to its publication in the official newspaper and notification to the applicant. THE CHAIRMAN: is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -10- June 28, .1962 STANLEY'S. CORWIN, ESQ.1 Greenport,,, New York: - I do. THE CHAIRMAN: Thisapplication concerns the erection of a sign which says "RESTAURANT" to the left of the main entrance door on the front of the building. MR. ROSENBERG: You have to have the words "RESTAURANT" according to the A.B.C. Board? MR. CORWIN: Not that I know of. I have spoken to several people relative to that but I can find no regulation requiring those words. THE CHAIRMAN: However,. you now have two wall signs totaling 92 sq. ft. and you are allowed 246 sq. ft. on the -front- wall. MR.. CORWIN: That is correct. This sign contains 15 sq. ft. THE CHAIRMAN: Is there anyone present who wishesto speak in opposition to this application? (There was no response. ) After investigation and inspection the Board finds that the applicant presently has two front wall signs totaling. 92 sq. &. He is permitted under the Ordinance 246 sq. ft. of area in a wall sign. The Board determined that the standards set forth in the Ordinance have been met. The Board further 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, therefore On motion of Mr. Gillispie,.. seconded by Mr. Bergen= it was RESOLVED that Falcaro2s Greenport Lanes,. Inc. be granted permission to erect and maintain the letters "RESTAURANT" on the center section of the front wall of Falcarozs Greenport Lanes: Inc. These letters contain a total of 15 sq. ft. Vote of the Board: Ayes:- Mr. Gillispie,. . Mr. Bergen, Mr. Rosenberg, and Mr. Grigonis. Southold Town Board of Appeals -11- June 28, 1962 PUBLIC HEARING: Appeal No. 474 9: 15 P.M. (E.D.S":T. ) , upon application of Valentine Ruch, 2 Wilkins Place, Tenafly, New Jersey, for a variance in accordance with the Zoning Ordinance, Article IIIi Section 303and Article X, Section 1000A, for permisnon to reduce frontage and area of a lot and leave less than the minimum frontage and area, and Section 280A of the New York State Town Law for recognition of access. Location of property: private road (Arshamomaque Colony Road) , south side Route 27A, Arshamomaque, New York. Lot bounded north and east by other land of Valentine Ruch, .south by E. H. Eisen and west by private road. Fee paid $5. 00. Mr. Gillispie disqualified himself from this hearing and the next two hearings and turned the meeting over to Mr. Rosenberg. Mr. Rosenberg opened the hearing by reading application for a variance., legal notice of hearing, affidavit attesting to its publication in the .official newspaper and notice to the applicant. ACTING CHAIRMAN: Is there anyone present who wishes to speak for this application? RENSSELAER G. TERRY, JR. , Southold, New York: I would like to be heard .in favor of the application. I think the application states the reason it was made. I might say that the following two applications are tied in with it. The entire character of the neighborhood is such that it is adaptable to the proposed plan and most of this area is developed as a summer residential area. I recall it was always known as the Englewood Colony and has a good reputation. On the part of application number one, the man is in a position where the building is already there adjacent to Mr. Eisenes property. I would like to have you consider all three of these because of the fact we are in a position with a total amount of area and I don't know how else the property could be handled. I think because of the fact there are the type of buildings that are there now, two -additional. buildings wouldbe in conformity with the rest of the community there and not violate the spirit and intent of the Ordinance. MR. JACOB VAN DYKE, Middle Road, Southold: I am interested in purchasing one of the lots. MR. ROSENBERG: We will come to the number two lot shortly. Southold Town Board of Appeals -12- June 28, 1962 MR. ROSENBERG: How long has this property been for sale? MRS. VALENTINE RUCH: I do not believe number one has been for sale at all. MR. TERRY: I indicated to Mr. Ruch that unless he obtained permission from you he would be in a position of not being able to sell a 75 ft. lot. ACTING CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) MR. BERGEN: On the map here in the file it shows most of the lots are 100 ft. except a 75 ft. lot with a 25 ft. right- of-way to the water which is retained by the owner. MRS. RUCH: I had thought that there were about 23 property owners on both sides of this road and out of the 23 there are about 9 who have 50 ft. pieces of property. Many have garages. MR. VAN 'DYKE: It would be a hardship for anyone to have a 100 ft. plot. It is more than we want to take care of . ACTING 'CHAIRMAN: Mr.. Van Dyke, I think you understand that the first thing that has to be done in order to grant a variance is that it be a unique situation and you would have to produce a practical difficulty. The cottage that is on there was constructed before 1957 whenihe Ordinance was enacted. The very fact there are small houses in various places on small lots, it is not permitted any more since 1957 and just the fact that nobody wants tob.uy 75 ft. is not grounds for a variance. Where you want to put a 75 ft. lot you are surrounded by 100 ft. lots. You are permitted to divide this property into 100 ft. lots without coming to the Board. MRS. RUCH: It would be more difficult to sell a 100 ft. lot. ACTING CHA3:RMAN: However.. there are 100 ft. lots all around it. Are there any other questions? (There was no response. ) Southold Town Board of Appeals -13- June 28, 1962 After investigation and inspection the Board finds that this application fora variance to reduce frontage and area is one , of three separate variances requested of proposed division of 225 feet into three separate lots. This applicant owns about 450 feet on the private road. His home and garage occupbs about 225 feet. The remaining 225 feet is the land he proposes to divide into three lots. Facing the proposed 75 ft. lots is a vacant parcel of 2. 5 acres and the .next lot south is 100 ft. Adjoining the proposed division are three lots of 100 ft. , 135 ft. , 140 ft: The immediate area of the proposed division is not a 75 ft. or less section as claimed. -No hardship or practical difficulty has been shown andnone was introduced at the public hearing. The property in question has never been offered for sale. The applicant stated that the .principal reason for the proposed division-:.was the desire to have small lots which in his opinion would be more saleable. The applicant has the -right under the Ordinance to create 100 ft. frontage lots containing 12,500 sq. ft'. The . strict applicatim of the Ordinance would not produce practical .difficulties or unnecessary hardship, the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district, and the variance does not observe the spirit of the Ordinance and would change the character of the district. On motion of Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that Valentine Ruch be denied permission to reduce frontage and area of a lot and leave less than the minimum frontage and area. Location of. property: Arshamomaque, Colony Road, Arshamomaque," New York. Vote of the Board: Ayes: - Mr. Rosenberg, Mr. Grigonis, and Mr. Bergen. Southold Town Board of Appeals -14- June 28, 1962 PUBLIC HEARING: Appeal, No. 475 - 9: 3 0 P.M. (E.D. S. T. ) , upon application of Valentine Ruch, 2 Wilkins Place, -Tenafly, New Jersey, for a variance in accordance with the Zoning ordinance, Article III, Section 303 and Article X, Section 1000A, for permission to reduce frontage and area of a lot and leave less than the minimum frontage and area, and section 280A of the New York State. Town Law for recognition of access. , Location ,of ; property: private road (Arshamomaque Colony Road) , south side Route 27A, Arshamomaque, New York. Lot bounded north, east and south by other land of Ruch, and west by private road. Fee paid $5. 00. Mr. Gillispie, having disqualified himself from the previous hearing and also this hearing, . Mr. Rosenberg read:. the appli- cation for a variance, legal notice of hearing, affidavit attest- ing. to its publication in the official newspaper and notice to the applicant. ACTING CHAIRMAN: Is there anyone present who wishes to speak for this application? The attorney and applicants stated no arguments would be submitted for this variance application as whatever was decided in the application #474 would govern. ACTING CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that this application for a variance to reduce frontage and area is one of three separate variances requested of proposed division of 225 feet into three separate lots. This applicant owns about 450 feet on the private road. His home and garage occupies about 225 ft. The remaining 225 ft. is the land he proposes to divide into three lots. Facing the proposed 75 ft. lots is a vacant parcel of 2. 5 acres and the next lot south is 100 ft. Adjoining the proposed division are 3 lots of 100 ft. , 135 ft. , 140 ft. The immediate area of the proposed division is not a 75 ft. or less section as claimed. Southold Town Board of Appeals -15- June 28, 1962 No hardship or practical difficulty has been shown and none was introduced at the public hearing. The property in question has never been offered for sale. The applicant stated that the principal reason for the proposed division was the desire to have small lots which in his opinion would be more saleable. The applicant has the right under the Ordinance to create100 ft. frontage lots containing 12,500 sq. ft. Strict application of the Ordinance would not produce practical difficulties or unnecessary hardship, the hardship created is not unique and would be' shared by all properties alike in the immediate vicinity of ' this property and in the same use district, and the variance does not observe the spirit of the Ordinance and would change the character of the district. On motion of Mr. Rosenberg, seconded by Mr. Grigonis, it was RESOLVED that Valentine Ruch be denied permission to reduce frontage and area of a lot and leave less than the minimum frontage and area. Location of property: Arshamomaque Colony Road, Arshamomoque, New York. Vote of the Board: Ayes: - Mr. Rosenberg, Mr. Grigonis, and Mr. Bergen. PUBLIC HEARING: Appeal No. 476 - 9;45 P.M. (E.D.S.T. ) , upon application of Valentine Ruch, 2 Wilkins Place, Tenafly, New Jersey, for a variance in accordance with the Zoning Or Article III, Section 303 and Article X, Section 1000A, for permission to reduce frontage and area of a lot and leave less than' -the minimum frontage and area, and Section 280A of the New York State. Town Law for recognition of access. Location of property: private road (Arshamomaque Colony Road) , south side Route 27A, Arshamomaque, New York. Lot bounded north, east and south by other land of Ruch and west by private road. Fee paid $5. 00. Mr. Gillispie having disqualified himself from the previous hearing and also this hearing, Mr. Rosenberg read the appli- cation for a variance, legal notice of hearing, affidavit attest- ing to its publication in the official newspaper and notice to the applicant. southold Town Board of'Appeals -16 June 28, 1962 ACTING CHAIRMAN: Is there anyone present who wishes to speak for this application? The attorney and applicants stated no arguments would -be submitted for' this application as whatever was decided in the applications '#474 and #475 would govern. ACTING CHAIRMAN: Is there anyone present who wishes to speak against this, application? (There was no response. ) After investigation and inspection the Bca rd finds that this application for a variance to reduce frontage and- area is one of three separate variances requested of proposed division of' 225 feet into three separate .lots. This applicant owns - about 450 feet on the private road. ;. His home and garage occupies about 225 ft. The remaining 225 ft. is the land he proposes to divide into three lots. Facing the proposed 75 ft. lots is a vacant parcel of 2. 5 acres and the next lot south is 100 ft. Adjoining the - proposed division are 3 lots of- 100 ft. , 135 ' ft. , 140 ft. The immediate area of the proposed division is not a 75 ft. or less section as claimed. No hardship or practical difficulty has been shown and none was introduced at the public hearing. The property in question has never been offered for sale. The applicant stated that the principal reason for the proposed division was the desire to have small lots which in his. opin.inn would be more saleable. The applicant has the right under the Ordinance to create 100 ft. frontage lots containing 12,500 sq. ft. strict application of the Ordinance would not produce practical difficulties or ' unnecessary hardship, the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district, and,. the variance does not observe the spirit of the Ordinance and would change(....,.the character of the district. On motion of =Mr. Grigonis, seconded by Mr. Bergen, it was Southold Town Board of Appeals -17- June 28, 1962 RESOLVED that Valentine Ruch be denied permission to reduce frontage and area of a lot and leave less than the minimum frontage and area. Location of property: Arshamomaque Colony Road, Arshamomaque, New York. Vote of the Board: Ayes: - Mr. Rosenberg, Mr. Bergen, and Mr. Grigonis. The next meeting of the Southold Town Board of. Appeals will be held 7: 30 P.M. , Thursday, July 5, 1962 at the Town Clerk Office, Main Road, Southold, New York. Meeting adjourned at 10: 30 P.M. Respectfully submitted, Judith T. Boken, Secretary Chair oar. � �vPQal�