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HomeMy WebLinkAboutZBA-06/25/1964 r +c��FFULk o z Q 7"0" SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen b.os6or#—Rccaal�sc} Charles 'Gregonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U T 'E S SOUTHOLD TOWN BOARD OF APPEALS June-25,, 1964 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M. ,, Thursday, June 25, 1964, at the Town Office,. Main Road, Southold, New York. There were present: Messrs.' Robert W. Gillispie, Jr. , Chairman, Robert Bergen,, Fred Hulse, Jr. Absent: Charles Grigonis, . Jr. ,, and Serge Doyen, Jr. Mr. Henry W. Flaack,, of 'J.C.P. Contracting Corp. appeared before the Board for, an informal discussion. He wishes to put a temporary contractors yard for state highway improvement work on the corner of Ackerly Pond Lane. The Board advised him to fill out_ an application for a variance. PUBLIC HEARING: Appeal No. 671 - 7:30 P.M. (E.D.S.T. ) ,. upon the amended application of R.G. Terry,, Esq. , Southold,, New York,, a/c- Charlotte K. Gittinger, 3 Forest Drive, Springfield, New Jersey,.. for a variance and recognition of access in accordance with the Zoning ordinance,, Article III,, Sections 303, 304, 307, 308,. Article'X, Section 1000a, and the State of New York Town Law, Section 280A, for permission to divide lots with in- sufficient frontage, and for approval of access. Location of property: north side' Cedar Beach Road, bounded north by land of 'applicant, east by Bay, south by land of applicant, west by land of applicant. Fee paid $5.00. 1 1 ' Southold Town Board of App- ^-s -2- June 25,, 15 _! The- Chairman reopened the hearing by reading the amended application ofor a variance and recognition of access," legal notice of hearing, affidavit attesting to its publication in the official newspaper,, and notice to the applicant. L The" Chairman reviewed the facts of the case as they were presented June ll, . 1964. GEORGE McMANN,JR.-,ESQ. : Before any. further testimony be given on behalf .of this petition,. I would like to make a motion that the petition be dismissed from this Board.. This Board does not have the power to give permission to divide lots. This petition does not come under the jurisdiction of the Board of Appeals as per Section 335 of the Real Property Law. (George McMann,Esq. read part .of this section which stated in part that when an owner or° agent subdivides real property into lots,, plots,, blocks,, or sites, with or without streets,",,for the purpose of offering such lots,, plots," blocks,,. or ' sites for sale to the public,, regardless of how they are conveyed,: to file or t cause to be filed in the office of the county clerk of 'Suffolk County a map thereof together with a certificate of' the surveyor endorsed on the face of such map certifying same to have made from an actual survey of the property and the date of the com- pletetion of the survey. ) TIDE 'CHAIRMAN: The map hasn't been filed in the' County-Clerk's Office? GEORGE McMANN,JR. ,ESQ.: No it hasn't been filed. The relief in this petition should be in the Planning Board and not in the Board of-'Appeals. This Board lacks jurisdiction in this petition. To divide property you must file a map in the County Clerk's office,, . and it has to be submitted to the Planning Board, not the- Zoning Board. THE CHAIRMAN: We have recently obtain a ruling to act on cases such as ,this one. We handle up to 4 lots being divided, and this petition would come under us. GEORGE McMANN',JR.',ESQ. : I still ask that this petition be dismissed, this Board has no power of grant it. THE 'CHAIRMAN: I will have to deny your motion. I think this Board is acting property in giving this application relief in this situation. Southold Town Board of Appe'_-_ -; -3- June 25, 191�_ 'IT hexe was a great deal of �discussion about how -ma4 lots the Board of'.Appeals can act on. R. Terry,Es.q. advised the Board could act on an. applieation up to 4 lots. -,- George McMann,Esq, felt -that such action was in violation of the Real Property Law) THE 'CHAIRMAN: Ts there any other legal agrument to be presented why this application sb.o_g11 ri-'(_tbe granted? R.G. TERRY,ESQ.: , I don't want to prolong the matter. I would ask that .the Board give favorable consideration to this application. THEWCHAIRMAN: Are there ahy -other questions? HOWARD SCHWARTING; Member of :Civic°Association: The application has sections 304,' 307,, 308,, which permits to vary the side line and the the l-ot lines. If 'this continues to be the case of the Board of 'Appeals to rule on cases like this,, I think the.'Cvic `Association .is going to take. some steps on this. If, this continues .there is going to.- be a serious situation in regard to. sewage .control and in the ..xe gulations set up by the Town. Ordinance. Here you„say that the Town Ordinance was brought into effect-April '28, 1958. to provide for ' the health,.saftey, and welfare morals of the Town, and -if you cut up property like this it will effect the property rights of the people who are coming out her buy land. This whole thing should have set standard side lines,, and rear lines. There are over 60 amendments to this Ordinance..:,.,; THE-CHAIRMAN: I have nothing to do with the amendments. HOWARD- SCHWARTING: I know this Ordinance should be rewritten. THE CHAIRMAN: Every ordinance has to .adopt itself 'as it-- goes on. ._ What was true 166 years ago isn't true today. - What happen, 10 years ago isn't true today. Three houses were bought prior to .the Zoning Ordinance. The total property between these houses and the lot is 2% acres or something like that. The purpose of this Board is to relieve hardship. . Don't you think it's a, hardship to sell three houses on one piece of land? HOWARD' SXHWARTING: I would try to sell the whole thing as one parcel of --land. THE CHAIRMAN: They have tryed to sell it for' 5 years as one parcel. Southold Town Board of Appe". -4- June 25, 191,__, HOWARD SCHWARTING: What is going to be the number of 'square feet that is allowed. _ Can .you just divide any lot3 HOWARD TERRY,Building Inspector: You would still have to get an application fora variance. HOWARD SCHWARTING: Would it be part of the record? TIE -CHAIRMAN: It is part of the record right now. HOWARD- SCHWARTING:What is the frontage? (The Chairman explained the boundries of each lot and what thelx area and frontage was. ) TI]E- CHAIRMAN: I beleive they all have beach rights also, is that correct? R G.: TERRY,ESQ. : Yes, each one has beach rights. HOWARD- SCHWARTING: What is going to happen .by cutting up these lots. - What's going to happen in the future? THE'CHAIRMAN: You are off the- subject. This permission is asked to give single title to the-property. HOWARD SCHWARRTING: I agree,, as long as it doesn't conflit with zoning. People come out here.., buy land,, and build modern houses on it. Retired people like me and yourself. What's going to stop someone from coming in the future and changingthis into a two family dwelling? THE' CHAIRMAN: I am not sure that legally you can do that. MR. WETMORE: They are just talking about the sale of the house, but we have the property to sell also. MR. HULSE: Mrs. Gittinger will not sell unless this variance is granted. He won't buy that unless this variance is granted. GEORGE MCMANN,JR. ,ESQ. : She could sell this as one piece if she wanted to , so there is no hardship. THE 'CHAIRMAN: The thing that delayed this hearing is that you said this Board does not have power to subdivide property. Southold Town Board of Appe- _.s -5- June 25, 191'_._ GEORGE McMANN,JR. ,ESQ. : So .she still doesn't-need this variance. THE 'CHAIRMAN: To sell these three houses she needs this variance. The buyer won't buy unless this variance is granted. GEORGE McMANN,JR. ,ESQ. : He doesn't need a variance now, he needs it in the future. THE'CHAIRMAN: He wants to be in the position so that if :a chance comes to sell these lots they will be in separate ownership. He has to look into the future. :GEORGE MCMANN,JR.ESQ. : He doesn't have the hardship until the time he has to sell. MR. BERGEN: He won't buy these lots unless they are divided into separate lfts. THE' CHAIRMAN: The lots and houses have always been there. Nothing .-is going to be changed,, everthing will remain exactly the way it has always been. R,G.TERRY,ESQ.: Unless there is anything further against this applications -I will again ask that the Board give favorable consider- ation to this application. THE' CHAIRMAN: is there anything else to be said against -this application? (There was no response. ) THE'CHAIRMAN: I agree with the reasoning in the application. After investigation and inspection the Board finds that-Charlotte Gittinger wishes to obtain permission to divide lots and to obtain approval of access. The Board finds that the best- solution to this is the division by Otto Van Tuyl, as shown on a survey revised June 18, 1964. The final dividing lines should be as shown on the survey by Otto Van Tuyl,, revised June 24, 1964. The Board finds that .the applicant has tried for five years to sell these three houses located on one single lot. The applicant now has a buyer for these houses, however the lots :bmust be divided before the sale will take place. This variance is necessary to comply with the requirements of the Zoning Ordinance of the Town of Southold. The Board knows of no other way to divide this property without causing a unique and unnecessary hardship. This variance f11 inn n� v�a r change the chbaracttehr of the n�ghborhood because the use an o s av a ways. een ere an wz remain the same. Southold Town Board of`AppeL..... -6- June 25,, 196' These conditions were all created before zoning came into effect,, and there was no; futuxe insight of zoning. The Board also finds that the accessrequested is accessible to :fire trucks and other emergency equipment. The Board finds that- strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicintiy of'this property and in the same use district; and the variance does observe the spirit- of the Ordinance and will c, not -change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen,,. it was RESOLVED :that R.G. Terry,Esq., Southold,, New York,, a/c 'Charlotte K. Gittinger,, 3 Forest-Drive, "Springfield, New- Jersey, be granted permission to divide lots with .insufficient frontage and be granted approval. of access. The lots shall be divided as shown on the survey by Otto Van Tuylr revised June, 24, 1964. Vote: of the Board: Ayes: Mr. Gillispie, Mr. Bergen., Mr. Hulse. PUBLIC HEARING: Appeal No. <673 - 7:40 P.M. (E.D.S.T. ) , upon the amended application of Herbert W. Wells,. 'Jr. ,r; Southold,. New York,. a/c Vail Brothers,; Inc.,, Main Road, Peconicr New Yorke,; for a special exception in accordance with the. Zoning Ordinance,. Article IV,. Section 400,. Subsection 9, for permission to install a parking lot to sell used and new cars. Location of property: north side -Route 25, Peconic,. New York,, bounded north by land now or formerly of=A. Cierach,. east by land now or formerly of A.. Cierach,. south by Main Road, west by other land of applicant. Fee paid $5.00. The' Chairman opened the hearing by reading application for special exception,, legal -notice of hearing,, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who .wishes to speak in- favor of this application? HERBERT�;j.WELLS•,JR. : .I hope that the Board will approve the application. Southold. Town Board of AppE -� s -7- June 25, 19�z MR. HULSE: Will that house on the property be taken off? HERBERT"WELLS,'JR. We have a contract with .-the previous owner. They can -purchase it before January.�1, 1965 if they want to,, if- not we will sell it. 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 Vail Brothers,. .Inc.. wishes to install a car lot for the sale of new and used cars. The Board finds that Vail Brothers,; Inc. has expanded in business and need additional room for the sale of their cars. The. Boar.d finds that this car lot is clean and orderly. The .Board finds that -the public convenience and welfare and justice. will be served and the legally established or permitted use of neighborhooddproperty and adjoining use districts will not be permanently or: substantially injured and the spirit of 'the Ordinance will be observed. On motion by Mr. Gillispie,. seconded by Mr. Hulse, it was - RESOLVED that Herbert W.. Wells,,JR. , - Southold,. New York,, a/c Vail Brothers, Iric.,. Main Road, Peeonic,. New York, --be granted per- mission to install a parking lot to sell used and new cars, on property located on the north side of' Route 25,,. Peconic, New York, subject to`L'the- following conditions: 1. No major repair work shall be performed in the open. 2. No automobiles, or automobile parts,, dismantled or damaged vehicles and similar articles shall be stored in the open and -no parking of vehicles other than those being serviced shall be permitted. 3. Signs -to be in accordance with Article IV-,,. Section 408 . of the Building SZone Ordinance of' the Town of Southold. Vote of the Board: Ayes: Mr. Gillispie,, Mr. Bergen-,. Mr. Hulse Southold Town Board of-Appea:"s -8- June 25,, 19(',,'7: PUBLIC .HEARING: Appeal No. 676 - 7:45 ' P0M.`(E.D.S.T. ) ,, upon application of Henry J. Smith,, Peconic Lane, Peconic, New York,: fora variance in accordance with the Zoning Ordinance, Article III.: Section 303, and-Article-X.. Section 1000a,for permission to divide .lots with insufficient frontage. . Location of property: west side.'Carroll Avenue, Peconic, New York,. bounded north by Long Island Railroad, east by Carroll Avenue, south by Jb. Bell- Bedell, west by other- land of applicant. Fee paid $.5. 00. The Chairman 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. Mr. Henry Smith idenified photographs that were taken of the property in question. THE'CHAIRMAN: How wide is the property HENRY -SMITH: 218 feet THE' CHAIRMAN: How long is it? HENRY 'SMITH: About 678 feet. THE CHAIRMAN: When did you buy this property? HENRY -SMITH: About 20 years ago. THE' CHAIRMAN: That was long before' zoning .came into effect. is there anyone who .swishes to speak in favor of this application? Do you have anything to add to the application? HENRY-SMITH: No, I have nothing to add to ,it. I ask- that the application be granted. HOWARD SCHWARTING: Where does that road go? HENRY-SMITH: Out to, Peconic Lane. HOWARD- SCHWARTING: Isn't there any other way out? HENRY'SMITH: You can use Carroll Avenue. Y HOWARD- SCHWARTING-'' How wide is this road? 'MR. HULSE: It is 50 ft. wide. Southold Town Board of App-�".s -9- June 25, HOWARD SCHWARTING: what - is the zoning there? HENRY -SMITH: It is residential. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response. ) THE'CHAIRMAN: is there anyone who wishes to speak against this application? (Th:ewe was no response. ) THE' CHAIRMAN: Are there any other questions? (There was no response. ) THE CHAIRMAN: I would like to ask a question. Are these lots on the new road? HENRY SMITH: No,, on-Carroll Avenue. THE 'CHAIRMAN: And there are lots behind them? HENRY -SMITH: Yes. THE CHAIRMAN: Will you be able to get 160 ft. frontage on the lots on the .new road? HENRY 'SMITH: Yes. HOWARD- SCHWARTING: Will you have 'to get another variance? HENRY'SMITH: No, they have 100 feet. After investigation and inspection the Board finds that Henry Smith wishes to divide two olots and set aside a 50 ft. right-of-way. This right-of-way -will be cutting off some of the frontage of the lotst, hmwever it is needed to reach the appIiicane,,s industrial property in back of 'the residential property. The houses built on these lots will be ninkeeping with the other one family dwellings on' Carroll Avenue. The further development of this property will be within the requirements of the Ordinance. Southold Town Board of 'Apj=��ls -10- June 2.5 4 The Board finds that strict application of 'the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created .is unique and would not be shared by all p o- properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and willnot change the character of the district. .. 1. On -motion. by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that Henry T,. Smith, Peconic- Lane, Peconic,. New York, be granted permission to divide lots with insufficient frontage :on property located west side'Carroll Avenue, Peconic,, New York. There will be no side yard variances granted for houses built on. these lots. Vote of the Board:: Ayes.: Mr. Gillispie,: Mr, Bergen, Mr. Hulse, PUBLIC HEARING: Appeal No. 677 - 8: 00 P.M, (E.D.S,T,) , upon application of Cecil Young, Main Road, Laurel, New York, a/c J. Myron Young,. Main Road,. Laurel, New York,, for recognition of access in accordance with 'the' State of'New York Town: Law,. Section 280A ; Location of property: Right-of-way north side Peconic Bay Blvd. , bounded north by Main Road-Hill,, east by -Albert Nolte, - south by,Peconic Bay Blvd.,, west by H. Romanowski. 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 notice to hthe applicant. HOWARD SCHWARTING: what is the depth of that right-of-way. CECIL YOUNG: 265 feet. The Board looked at the map which accompanied the application and discussed it. THE CHAIRMAN: when we are in doubt of an access, we ask the fire. chief to look at it.. Southold Town Board of Aj_rkal.s -11 June 25, l-'64 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 J. Myron Young wishes to obtain approval of access on a 15 ft. right-of-way. Myron Young owns an interior lot off: Peconic Bay Blvd.e and this access is .necessary to reach his property. The Board finds that the access is accessible to fire trucks " and other emergency equipment. The Board finds that strict application of the Ordinance will .produce practical difficulties or unnecessary hardship; the hardship created is unique and would not- be shared by all properties alike in the immediate vicinity of this property and in, the same use district; and the variance does observe the spirit. of the' Ordinance and will not change the character of the district. On motion .by Mr. Gillispie, seconded by ,Mr. Bergen, it was RESOLVED. that-Cecil Young, Main Road, . Laurele New Yorks a/c J. Myron Young,. Main Road, Laurel,. New York,; be granted approval of access on property located , on right-of-way north side Peconic Bay .Blvd.e Laurel,. New Yorke, subject. to the approval of 'Mr. Howard Terry, Building Inspector. Vote,-of the Board: Ayes: Mr. Gillispie, - Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 678 - ,8:10 P.M (E.D.S.T. ) , upon application of=Robert H. Preston,. President,:- Sterling Harbor Marina, Manhasset- Avenue, Greenport, New York,, for a special exception in accordance with the Zoning Ordinance, Article IIIe Section 300,.- Subsection lle for permission to erect .a directional sign on the property of- Sterling-Cemetery Association. Location of 'property: south east corner ' of 'North Road,; and Manhasset - Avenue, Greenport,. New York, bounded north by North Road,, east by land of R.- Preston, south by -Sterling-Creeks, west by Manhasset - -Avenue. Fee paid $5.00. The Chairman opened the hearing by reading application for special exception, legal notice of hearing,_ affidavit- attesting to its publication in the official newspaper, and notice to the applicant. Southold .Town Board of:Apl Ls -12- June 25, ; 4 The- Chairman read a letter from Joseph L. Townsend, President of the Sterling -Cemetery.-Association, Greenport, New York,. giving Sterling. Harbor Marina permission to put a directional sign on the property of.:Sterling Cemetery Association, THE' CHAIRMAN: We are not willing - to give permission to locate a sign on the property of the cemetery. I suggest that perhaps you could find some other location. Has the president -of the Association the right to give permission fora sign? ROBERT PRESTON: I haven't the slightest idea. THE CHAIRMAN: I still feel the same way about cemeteries. I think it is wrong to put signs on the cemetery property. I should think 'there would be someplace else you could put a sign. How about the lady across the street? ROBERT 'PRESTON: Evidently she doesn't want a sign there. MR. CAMPBELL,; Member of:Civic Association: It doesn't seem possible that you can grant- this without any one here to speak for the cemetery. THE CHAIRMAN: You weren't -here when we read the letter from ithe president- of the Cemetery Association giving permission. We wondered if the president had the right to do this. MR. BERGEN: I don't doubt that Mr. Preston needs that sign,, but he should see if he could get some other location besides the cemetery. I don't know if owe have the right oto grant.a sign here. MR.. CAMPBELL: That is -private property. ; THE- CHAIRMAN: We would have to -deny a sign here. We can't possibly grant it.. Anyone else wish to say anything in connection with this application? HOWARD SCHWARTING: I think the Board of:Appeals used good judgement in this case. I sympathize with Mr. Preston,; but a sign in the cemetery is out of the question. THE' CHAIRMAN: Would anyone else like to say anything in connection with this application? (There was no response. ) Southold Town Board of Ap _ is -13- June '25, -'4 After investigation and inspection the Board finds ,that Sterling Harbor Marina ,wishes to erect -a directional sign on . the property of'Sterling Cemetery Association. The sign would direct people from the North Road to the Marina on Manhasset Avenue. The Board feels that ,a cemetery is not a peoper place to locate a sign. Although the president has givengpermission to locate a sign on the property of the cemetery, the Board questions whether or not he has the authority to do this. The Board feels that putting a sign in lithe cemetery is not in- the public interest. 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'_bet permanently or substantially injured and the spirit of the Ordinance will. not be observed. On motion by Mr. Gillispie, seconded, by Mr. Bergen, it was RESOLVED that Robert H- Preston, President, Sterling Harbor Marina, Manhasset-.Avenue, Greenport,, New Yorks, be denied permission to erect .a directional sign on the property of Sterling Cemetery Association, property located south east corner North Road, and Manhasset .Avenue, Greeenport, New York. Vote of the Board: Ayes: Mr,;. Oillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No,, 679 - 8:3 0 P.M. (E.D.S.T. ).,. upon application of Richard F. Mullens, Mullen Motor' Sales, Main Road and Cottage Place,. Southold,. New York,, fora special exception in accordance with the' Zoning Ordinance, Article III,,. Section 400, Subsection 9s, for permission to install anew and used car lot. Location of property: south west corner Main Road and Cottage Place,, Southolds New Yorks. bounded north by Main Road, east by Cottage Place, south by M. Aksten, west-by R. Swezey. Fee paid $5. 00. The chairman opened the hearing by reading application for special exception, legal notice of hearings, affidavit attesting to its publication in the official newspaper,, and notice to the applicant. The word rezoned was used in the application by Mr. Mullen. This word was used in the wrong sense. Mr. Mullen agreed to amend the application to read: "I wish the present business property to be used for the sale of new and used cars". Southold Town Board of AppL___s =14- June `25, 1_4 On. September' 6. 1957,, the Suffolk- County Operating Corporation was- granted- permission for' an automobile Service' Station on the south west- corner of Main Road and Cottage Place. This is the same, property which Mr. Mullen is asking to be 'used as a new and used car lot. On motion by Mr. Gillespie.,, seconded by Mr. Hulse,. it was RESOLVED that Appeal No. 20, granted September 6, 1957.8 to Suffolk County-Operating .Corporationr, for - an automobile service station be withdrawn: without predjudice to any further application of 'Mr. Mullen. vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen,, Mr. Hulse. THE 'CHAIRMAN: Getting back to the application of Richard Mullen. Is there anyone present who would like to speak in favor of this application? RICHARD F. MULLEN: I wish you would grant- it- because we don't have any room .left. THE- CHAIRMAN: How big is -the lot? RICHARD- F. MULLEN: 100' x 140' THE-CHAIRMAN: Is 140' deep? RICHARD F. MULLEN: 100' deep. CHAIRMAN: One of the problems with used car lot is wrecks. Do you have wrecks? RICHARD F. MULLEN: We have a junk- yard in the back. MR. BERGEN: How many cars would you put in this lot? RICHARD F. MULLEN: About 28 cars. THE 'CHAIRMAN: Is there anyone present who would like to speak against this application? (There was no response. ) Southold Town Board of'Appeals -15- June 25, ' 1964 . After investigation and inspection the Board finds that Mullen Motor' Sales wishes to operate a new and used car lot. Due' to an increase in business' this lot is necessary for ''the display of cars for sale. The Board finds that this car lot will be clean and orderly,, since Mullen Motor' S&Ies has a separate , junk-yard for wrecks. The Board finds that the public convenience and welfare and justice.will be served and the legally established or permitted. use ofneighborhood 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. Gi.11ispier seconded by Mr. Hulse,, it was RESOLVED that Richard F. Mulllen, Mullen Motor'Sales,, Main Road, and Cottage' Place, Southold,, New York,. be granted permission to install a new and used car ' lot- on property located south west corner Main Road and Cottage Place,.. subject -to the following conditionsi 1. No .major repair work shall be performed in the open. 2. No automobiles,: or automobile partse. dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted. . 3._ Signs to be in accordance with Article IV,,- Section 408, of the Building Zone Ordinance of the Town of.;Southold. vote of the Board: Ayes: Mr. Gillispie,. Mr. Bergen, Mr, Hulse. PUBLIC HEARING: Appeal No. 680 -- 8:45' P.M. (E.D.S.T. ),, upon application of Theodore Switsavage, 46-46 Broadway, New York - City,. New York, for a variance in accordance with the Zoning Ordinance,. Article III,, Section 303,, Article'X.., Section 1000a,, for permission to build on a lot with insufficient frontage. - Location of property: east side Marlene'Lane,. Mattituck-,, New Yorke', bounded north by J. MacLellan,. east by District 9e south by other land of�WSwitsavage,, west by Marlene% Lane. Fee paid ;>> $5.00. Southold Town Board of Apj_Rls -16- June 25, 4 The-Chairman opened the hearing by reading application- for. a variance, legal notice of 'hearing, affidavit attesting to its publication in the official newspaper., and notice Quo the applicant. THE 'CHAIRMAN: Is Mr.. Switsavage here? WILLI.AM WICKHAM, ESQ.': No, I am here for him. He called me and told me what he plans to do with this property. He wants to build a permanent home on this. THE'CHAIRMAN: He proposes to divide the property. When was this property bought, before the zoning Ordinance? 'WILLIAM WICKHAM, ESQ. : As a matter 'of fact -both pieces were before the ordinance. . The first in 1952 and this particular 'piece in 1956, though they are both together now. THE' CHAIRMAN: What is the setback? 'WILLIAM WICKHAM, 'ESQ. : The setback is 40 feet THE 'CHAIRMAN: The only thing hthat bothers me if that asking for a variance in the side yard lines, you are not -going to put a 60 ft. house on a 75 ft. lot. WILLIAM WICKHAM,ESQ. : The other houses in the area do not have side yards of 10 and 151: THE' CHAIRMAN: Is there no way of cutting this house down? WILLIAM'WICKHAM; !ESQ.: The builder is here,. you could ask him. if you ' cut down the house, you cut down the size of the lot. THE' CHAIRMAN: I think the Board will go along with cutting downtthe size of the house. You could detachedthe garage. HAROLD LACEY,- Builder: If we detach the garage it has to be 5 feet from the line? THE"CHAIRMAN: In the rear yard area. WILLIAM WICKHAM,ESQ.: The house is 48 feet by itself. Southold Town Board of Apj,__..s -17- June 25,, 4 THE CHAIRMAN: It has to have minimum side yards of 15' and 1010 We are asking here a lot that" is too wide to create a hardship... There is no reason why he can't build it "the other way. This is not created by the Ordinance. He can comply with the Ordinance. I will go along with this application providing that he does not vary the side yards at all. WILLIAM WICKHAM,ES¢. : All these lots were here before the Ordinance came pinto effect. THE CHAIRMAN: Are there any 50 fte lots in that? WILLIAM WICKHAM,ES¢. : I can answer that. MR. BERGEN: I think that -they are all 75 ft. lots. . THE 'CHAIRMAN: If.you can detach the garage and move it in the back yard area,, it will be okay. It caril"t-be added to the house if you are only going to have a 5 ft, side yard. ''EMOLD LACEY: If it is detached you can have 5 feet? THE 'CHAIRMAN: Yes. Is there anyone else who wishes to speak in favor of this application? (There was no response. ) THE 'CHAIRMAN: Are there any other questions? (There was no response.) THE'CHAIRMAN: Is there anyone present who wishes to speak against- this application? (There was no response. ) After investigation and inspection the Board finds that Theodore" Switsavage wishes to build on a lot with insufficient frontage. The house., he proposes to build will also leave him with insufficient side yards. The Board is not will to vary the side yard requirements,, however the applicant may build on- the lot- without sufficient frontage. Thellackc of sufficient- sideyards was not created by the" Ordinance. This can be oavoided by making the house smaller. Southold .Town Board of'AppL,l'.s -18- June 25, . :�_ti`4 The Board finds that .strict application, of the Ordinance will produce practical difficulties or unnecessarty hardship; t the -hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and iw the same use district; and the variance does abserve the spirit: of the Ordinance and will not-.change the character of the district. on motion by Mr. Gillispie, seconded by Mr. Hulse,. it was RESOLVED that Theodore Switsavage, 46-46 Broadway, New York City,, New York,, be granted'-permission to build on a lot with insufficient frontage on .property olocated east side Marlene Lane, Mattituck,. New York., subject to the following condition: The -side yard requirements will not be varied when the lot is built- on. Vote of ' the Board:. Ayes: Mr. Gillispie,, Mr,, Bergen, Mr. Hulse, PUBLIC DARING: Appeal No. 681- 9: 00 ' P.M. '(E.D.S.T. ) ,, upon application of Samuel- Copin,, Vice 'President, Fleet.Lumber, Inc. Route -25,,. Greenport, New York,: fora special exception in accordance with the' Zoning Ordinance,. Article IV,, Section 408. Subsection.. (b) ,, for permission to erect an on premises wall sign. Location of property: south side Route 25,, Greenport, New York, bounded north by-Main Road, east by-M. Cassidy, south by-Long Island Railroad,, west by'R. ' irownv;,_Fee paid $5.00. The'Chairman opened the hearing by reading application for special exception, legal notice of hearing,,, affidavit attesting to its publication in the official newspaper,, and notice to the applicant. Mr. Howard Terry, Building Inspector, and the Board discussed the signs that were already present i-at Fleet.,Lumber*Inc. The Board felt that they should act-without regard to the non-conforming signs that are already there. THE CHAIRMAN:; Is there anyone present who wishes to speak in favor' of this application? (There was no response. ) THE 'CHAIRMAN: Is there' anyone Rpazexit who wishes to speak agzfnst this application? Southold. Town Board of -App,'___-"s -19- June 25,. (There was no response.. ) After investigation and inspection the Board finds that Fleet Lumber,'Inc., wishes to erect.an on premises wall sign. The sign will be fastened .to the 'front- of the building and will read "Showroom". The Sign will be 2' high and 121 .long. The Board finds that by putting up this sign Fleet- Lumber, Inc. is only using 10 or 15% of the area they are entitled to. This sign is requested for additional indenification. The Board finds that-.the public convenience and welfare and justice will be served and the legally established or per- mitted 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. Gillispie,, seconded by Mr. Bergen, it was RESOLVED that-Samuel Copin,, Vice President, . Fleet-. Lumber,. Inc. ,: Route 25, Greenport, New York, be granted permission to erect an on premises wall sign on property located south side Route 25, Greenport, New York. Vote of the Board: Ayes: Mr.Gillispie, Mr. Bergen, Mr. Hulse. PUBLIC HEARING: Appeal No. 682 - 9: 10' P.M.- (E.D S.T. ) s, upon application of Samuel Copin, Vice President,. Fleet Lumber, Inc, Route 25, Greenport, New York,,. for a special exception- in accordance with the Zoning Ordinance, Article IV.. Section- 408,: Subsection (b) , for permission to erect. an on -premises wall sign. . Location of property: south side Route 25,, Greenport, New York, bounded north by Main Road, east-by M.. Cassidy, south by Long Island Railroad, west by-R. Brown. Fee paid $5.00. The- Chairman opened the hearing by reading application for special exception, legal notice of hearing,- affidavit- attesting to .its publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present-who wishes to speak in favor of this application? (There was no response. ) Southold Town Board of:App;,_ ,s -20- June 25, T' __4 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 Fleet-Lumber, Inc. , wishes- to erect an on premises wall sign. -The sign will be fastened to the front of the building and will read.' "Building". The sign will be 2' high and 12.' long. The Board finds that by putting up this sign Fleet Lumbers Inc. is only using 10% or 15/ of 'the area they are entitled to for - wall signs. This sign is requested for additional idenification. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted use of neighbokhbod property andadjoininguse districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Giliispie,, seconded by Mr. Bergens it was RESOLVED that Samuel Copins Vice President, Fleet- Lumber, Inc,, Route 25s Greenport, New York,: be granted permission to erect an on premises wall sign on property located south side Route 25, Greenport, New York. Vote of the Board: Ayes: Mr. Gillispie,- Mr. Bergen,. Mr. Hulse. PUBLIC HEARING: Appeal No. 683- 9:15 P.M.' (E.D._ST. ) , upon application of 'Samuel-Copin, Vice-President, Fleet Lumber, Inc. ,, Route T25,. Greenport, New York, for a special exception in accordance with the- Zoning -Ordinances Article IV,,. Section 408 Subsectio (B) s, for permission to erect an on premises wall sign. Location of peoperty: south side Route 25, Greenport,. New Yorks. bounded north. by Main Roads, east by M.. Cassidy, south by-Long Island Railroa4g'. ue st-by R. Brown. Fee paid $5.00. The' Chairman opened the hearing by reading application fcr special exception, legal. notice of hearing,_ affid:azit attesting to its publication in the official newspaper, and notice toihe applicant. "Southold,:Town Board of, Apt-,ls 2'L June 25., , ;4 C .. THE' CHAZR.MAN: Is there anyone present who wishes to speak in favor of 'this application? (There was no response.) THE' CHAIRMAN: Is there anyone present- who wishes to speak against this application? (There was no response. ) ' After investigation and inspection the Board finds that Fleet- Lumber, Inc., wishes toerect.an on premises ,gwall sign. The sign will be fastened to the front-.of the building and` will read "Materials". The sign will be 21 ha:gh. and 128 long. The- Board finds that by putting up this sign Fleet.Lumber, Inc. , is only-using 10/ or 15% of the area they are entitled to for . .wall- signs.' This sign is requested for additional idenification. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted 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. Gillispie, seconded by Mr. Bergen,, it was RESOLVED that-Samuel-Copin,,. Vice' Presidentr Fleet-Lumber,. Inc. , Route 25,, Greenport,. New Ymrkt; .be granted permission to­xerect .an on premises wall sign on property located south side Route 25, Greenport,, New York,. Vote of the Board: Ayes: Mr. Gillispie , Mr. Bergen,- Mr.. Hulse. PUBLIC HEARING: Appeal No. 684 - 9:3 0' P.M.­(E:D.ST. ) ,; upon application of New York Telephone" Company 140-West- Street, New York- City,. New York, for a special exception in accordance with- the Zoning Ordinances,- Article III,, Section 300,,. Subsection bat for permission to install' a coastal harbor radio-telephone receiving station on the property of Mattituck- Park, District known as "Mattit uck Veteran's Memorial- Park", Mattituck, New York., . Location of-property: south"west- side''Peconic Bay Blvd., and Bay Avenue, Mattit uck r' New York:, bounded north by.Peconic Bay Blvd.,, east by Bay--,Avenue,, south by Bay., west by--Allyan Realty-Corp., right-of- way,. and others. Fee paid $5.00. Southold Town Board of APB`.-GIs -22- June 25, 4 The Chairman opened the hearing by reading application for special exception, legal notice of hearing,. affidavit attesting to its publication in the official newspaper,, and notice .tothe applicant. THE' CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? WILLIAM WICKHAM,ESQ. : There are a good many people and an increasing number' of boats,, and such a structure is a great help to the time. The structure can't be seen because it is installed in one of .the buildings. The only part you do see is a single pole with a single antenna. . Possibly there is a generator. : After looking around the Telephone-Company found this to be the best location. THE CHAIRMAN: How far ' is this from any private owned property? MR. BERGEN: About 150 feet to he north. 350 feet to the west and an equal amount to the east. THE CHAIRMAN: SDoes the park-have any other installations that : are on the park district? WILLIAM WICKHAM,ESQ. : This was done as a public service. THE"CHAIRMAN: Who decided on this location? WILLIAM WICKHAM,ESQ.: The Telephone' Company. They found this. location satisfactory. MR. BERGEN: It is direct- to Montauk over water. r1 THE CHAIRMAN: This is a relay from -Montauk? MR. BERGEN: --':Ships from Montauk- can be readhed by this. WILLIAM WICKHAM,ESQ. : It is completely automatic. THE CHAIRMAN: Will they pay rent for the use of this property? MR. BERGEN: They don't pay rent,. but -keep up the park and paint the building. THE CHAIRMAN: Itisis more like an agreement. Southold Town Board of App(' =-'s -23- June 25� -�,i4 -WILLIAM WICKHAM,ESQ.: Yes, there is no rent. THO'CHAIRMAN: Is there anyone else who would like to say anything about this application? EUGENE MAZZAFARRO: I have no interest in this application, I was just wondering if that is a dedicated park or just a name given to it. WILLIAM WICKHAM,ESQ. : It was just: a name given to the park. EUGENE MAZZAFARRO: Was it ever dedicated? 'WILLIAM'N1CKHAM,ESQ. : No it was just named as a siteffor the veterans after the war. EUGENE MAZZAFARRO: It doesn't seem right to put- an operation like this in, a park that was named for veterans. WILLIAM WICKHAM,ESQ.: This is a public service as the use of the park is,; for people who want to use it. For the people who enjoy boating. EUGENE MAZZAFFARO:. This is going to accept. calls? WILLIAM WICKHAM,ESQ.: Nothing is accepted here. It.. is a relay station THE 'CHAIRMAN: This will be a help to the park association. EUGENE.MAZZAFFARRO: I can't .assoc.iate the New York Telephone 'Company going into something with the veterans name on it. I don-'$:;t'think anything commercial should be on this property. SQ. WILLIAM WICKHAM:/We have. a concession on it. EUGENE MAZZAFFARRO: This willl2h.elp everyone, while the park district is only for 'a few people. THE' CHAIRMAN: I don't see any law being violated here. EUGENE MAZZAFFARRO: I know, but you asked if anyone wanted to be heard. THE CHAIRMAN: If the park association was accepting rent, there would be a different situation here. Southold Town Board of'Appea_�-: -24 June. 25, 19E'z- TIDE CHAIRMAN: Is there anyone present who would like to speak against this application? (There was no response. ) After investigation and inspection the Board finds that- the New. York,-Telephone,-Company wishes to install a coastal harbor radio-telephone receiving station on the property of 'Mattituck Park District. The Board finds that this :is the most suitable -location for' such an installation. This location is direct to Montauk over water. The Board finds that' the Park Association is not .accepting any money for' the use of; the premises. This installation will be a great help tb all people who enjoy boating. The Board finds that- the public convenience and°welfare and justice will be served and the legally established or per- mitted 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. Gillispie, . seconded by Mr. Bergen, it was RESOLVED that:the New York Telephone' Company 140'West- Streett New York- City, New York, be granted permission to install a coastal harbor radio-telephone receiving.- station on the property of.Mattituck - Park District, Known as "Mattituck Veterans Memorial Park"s located south west side Pe conic Bay Blvd. , and Bay. Avenue, Mattituck, New York. Vote of the Board: - Ayes: Mr.. Gillispier Mr. Bergen, - Mr. Hulse. PUBLIC HEARING: Appeal No. 685 - 9:45 P.M. (E.D.S.T. ) ,, upon application of Shephard M. Scheinberg.,,- Esq., 220 Roanoke Avenue, Riverhead, New York,: a/c Josephine Housner, 159'Woodhull-Avenues, Riverhead,, New Yorks, for: a special .exception in accordance with the, Zoning Ordinance ;. Article IVs. Section 4008- Subsection 9s, for permission to extend permission granted for the sale and service of motor vehicle, farm machinery, etc. Location of property: north east corner of'Railroad Avenues, and North Road, Southold, New Yorks bounded north by J. Harris, east-by-F.- Abrams, south by North roads, west by .Railroad Avenue. Fee paid $5. 00. 1 ` I Southold Town Board ofAppeai- -25- June 25'. 19O,--, The, Cha:irman opened the hearing by reading application for spe.c.ial exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE' CHAIRMAN: is there anyone present who would like to speak in favor of this application? MRS. HOUSNER: We are asking for' this to get an un-named tenant for this .place. THE 'CHAIRMAN: The first tenant- was .Crabtree, after 'Kaelin. MRS. HOUSNER: We had a party from Greenport that was going to move in there. THE CHAIRMAN: That is what caused some of the difficulty. They didn't have a very diesirable business. I think they were body and fender men. There is a dwelling on this peoperty, is this occupied now? MRS. HOUSNER: No,,. this residence has never' be rented except when the showroom was being used. This man that used to watch the showroom lived in the house. THE'CHAIRMAN: There was someone there when we looked at. it. MRS. HOUSENER: There Emas a tenant there for a short time. I am more interested in the business than the rental of the house. THE CHAIRMAN: This is all zoned business? MRS. HOUSNER: Yes. THE `CHAIRMAN: Doesn't part of this encroach on .the line? MRS.' HOUSNER: I don't know. I really don't understand that. THE- CHAIRMAN: Part .of this building is within eight- inches of the county line. Is that why Crabtree-O'Keeffe didn't- take the property? MRS. HOUSNER: They were going to open up in the spring of the year, then Mr. O'Keeffe felt that 'he wasn''t wanted in Southold. Southold Town Board of. Appe _a -26- June 25, l>:, THE"CHAIRMAN: I think the Board may have been 'in error when they first -granted granted this application.However, our Ordinance requires a special exception forea public garage. When we..granted this the first time, we put certain restrictions on it. MRS. HOUSNER: We accepted your decision on that. THE 'CHAIRMAN: I think this should be granted without reference to the type of business. n MRS. HOUSNER: We want -an un-named tenant. THE 'CHAIRMAN: The un-named tenant is to use the place- as a public garage is that right? MRS. HaUSNER: Yes. THE CHAIRMAN: I think you should move that house off the property. Is there anyone present- who would like to speak- against this application? I There was no response. ) After investigation and inspection the Board finds that Josephine Housner has property in Southold which has been used as a garage. Now she again. has tenants for -the property, however she is requestingthat this property may be used by other and new tenants if the opportunity arises. This will now,-be used for the sale and service of farm trucks, tractors;,, and other relative vehicles,. and the sale and service of industrial equipment. The Board finds that these buildings were on the premises prior to the Zoning Ordinance for the sale and service of farm machinery. This is in a "B" Business' District were public garages are permitted by a special exception from the Board of Appeals. The Board finds that is better to grant this without-naming a certain tenant. 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. J Southold Town. Board of- Appear_,,- -27-' June. 25, 196' I On motion by Mr. Gillispie, seconded by Mr. Bergen, it was ..RESOLVED that-"Shephard M.. Scheinberg, Esq. $ 220 .Roanoke Avenue, Riverhead,. New York, a/c Josephine Housner, 159;Woodhull-Avenue, Riverhead+, New York, be granted permission to use premises in Southold for the sale and service of farm-machinery and other relative vehiclesa and the sale acid service of industrial equipment,. on premises located on the north east- corner of 'Railroad Avenue, and North Road, Southold,. New Yor`k,. subject to the following conditions which apply to all public garages: 1. No major ' repaa; work shall be performed in the open. 2.. Pumps, lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or' highway right-of-way,. or property line. 3. All fuel" oil or ' similar substances shall be stored at lesat: fifteen (15) feet .distant- from any street or lot line. 4. No automobiles, or , automobile parts, dismantled or damaged ;vehicles and similar articles shall be stored in the open and no parking of'vehicles other than those being serviced shall be per- mitted. 5.. Signs to be in accordance with Article IV, Section 408, of the Building Zone Ordinance of the Town of: Souths)ld. vote of theBoard: Ayes: Mr. Gillispie, Mr. Bergen,; Mr. , Hulse. , PUBLIC HEARING: Appeal No. 686 - 10: 00 P.M: �(E,D.S T, ) ,. .upon _application of S.T. Soge, Treasurer,. Island�s' End Golf �and Country Club,, Inc., Route .25,; Greenport, New York, for 'a special exception in accordance with the' Zoning Ordinance,. Article III, . Section 300, Subsection ll, for permission to renew and relocate an on the premises idenification sign granted June" 250' 1962. Location of'.property: north ; side Route 25, Greenport,, New York,, bounded north by .other land of applicant, east by- Leroy Brown,,, south by Route 25, west by Warren' ' Critchlow. Fee paid $5.00. The- Chairman opened the hearing by reading application for special exception, legal notice of'hearing,, affidavit attesting to its publication in the official -newspaper, . and notice to the applicant. Southold Town Board of' Appel,--_ --28- June THE 'CHAIRMAN: Is there anyone present who .would like to speak in favor' of this application? MR. RICTOR: We would like to move this sign a little further to the east. THE CHAIRMAN: Do you have an application for a change of zone? MR. RICTOR: For the- Club House. iTHE 'CHAIRMAN: I cant see anything wrong with this sign. There was some discussion about how much of the club was private and the percentage of business done from the public.. It seems that the club is being run as a business, however it is not zoned business. .THE' CHAIRMRN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds that Island's End Golf and Country Club wishes to erect an on premises idenificati on sign. The sign will read the same as before "Island's End Golf and Country Club, Inc., Greenport,. Long Island, N.Y. " This will be a ground sign. The Board finds that this sign is .in the public interest of the Town of Southold in relation to place of recreation. 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. Gillispie,_ seconded by Mr. Hulsef, it was RESOLVED that Island's End Golf 'and Country Club,, Inc., Route 25, Greenport, New York,, be granted permission to renew an relocate an on .the premises �aeidenification sign, on premises located north side Route 25, Greenport, New Yorks subject to the following conditions: 1. The sign shall be 5 feet from any property line or'highway line. Southold Town Board of�Appei -29- June 25, 1S 2. The sign shall be at least 3 feet- from ground level 3. Subject to a change of zones, the word "Restaurant" may be added to the sign. Vote of the Board: Ayes: Mr. Bergen, Mr. Gillispie,: Mr. Hulse. ' PUBLIC HEARING: Appeal No. 687 — 10:15 P.M. (E.D.S.T.,)&: upon application of:Alfred Kneski, Middle Road,. Mattituck, New York, a/c' Pauline Kneski, Middle Road&, Mattituck, New. York, for a variance in accordance with the Zoning Ordinance,. Article III, Section 303, Article X•,;- Section 1000a, for permission to divide and build on a lot with insufficient frontage. . Location of property: south side Middle 'Road (CR 27A)' Mattituck, New Yorks, bounded north by Middle Road '(CR 27A).&, east by J. Blasco, south by Sound Avenue, west by -A.- Walgo. Fee paid $5.00. The Chairman opened the hearing by reading application for variance, legal notice of hearing:&, affidavit attesting to its publication in the official newspaper,, and notice to the applicant. THE 'CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. KNESKI: I do. MR. HULSE: How wide is the lot? MR. KNESKI: About 53 feet. THE' CHAIRNW: When did you buy this lot? MR. KNESKI: It was handed down to me from my father about 1920. THE CHAIRMAN: You can't -vary the side yards. MR.' BERGEN: We already told him that. , The Chairman explained to Mr. Kneski that access permission would be needed_ from the County-;' THE ,CHAIRMAN: Is there anyone present who wishes to speak against- this application? (There was no response.. ) Southold Town Board of Appei, -30- June 25, IS',- After investigation and inspection the Board finds that Alfred Kneski wishes to divide and build on a lot with insufficient frontage. This situation was created by the' County taken some of the property for the new road. This property has been .in single and separate ownership since 1920. The Board finds that strict application to the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergem, it was RESOLVED that Alfred Kneski, . Middle Road, Mattituck, New York a/c Pauline Kneski, Middle Road, Mattituck, New York, be granted - permission to divide and build on a lot with insufficient frontage, on property located south side Middle Road (CR 27A) , Mattituck, New York. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. The Following letter was sent to Captain Martin'Wuerstlin, King Street, New Suffolk, New Ark, who appeared }before the Board for an informal discussion: r Dear Mr. _'We It was the opinion of the Board of Appeals on June 25, 1964, that Captain Martin Wuerstlin may operate a residential marina, east side' Narrow. River' Road, Orient, New York, for -which a special exception was granted to'Edward H. King. The Board of Appeals was informed of the purposes for which Captain Wuerstlin proposes to use the marina for as lessee of this marina. The Board feels that any uses other than the ones listed below would require additional consultation of the Board of Appeals. The following uses are proposed by Captain Martin Wuerstlin: 1. Harbor and store boats going to local residents, either full time or part time residents of the Town of-Southold. 2. Sell gas and oil to the owners of the above, as well as to any local owners of boats. Southold Town Board of Appea•,__ -31- June, 25,. 191=r.- "3. : Bait.- tackle,; and soda may -be sold. (no drinking water available on the premises. ) "4. Rent-boats and or motors'-'to residence, of the Town of Southold and .their guests by the-,:day,. or for a longer period. 115. The number of boats which- Captain, Wuerstlin proposes to rent is 6,. and the maximum pernitted in this particular operation is 10 boats and or motors. 116.- All parking for this marina should be back off the highway. "Very truly your,' /s/ Robert-.W.' Gillispie, Jr., Chairman,, Southold Town Board of: Appeasl. " On motion .by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of' the Southold Town Board of .appeals dated June 11, 1964 be approved as submitted. Vote -of the Board: Ayes,*Mr. Gillispie, Mr. Bergen,, Mr. Hulse. On motion by Mr. Gillispie,, seconded by Mr. Bergen,_ it was _ RESOLVED that the Southold Town Board of Appeals set -7:30 P.M. (E.D.ST. ) ,. Thursday, July 9, 1964.. at- the Town Office, Main. Road, Southold, New York, as the time and place of'hearing upon application of'Edward Ford, South Harbor:Road, Southold, New York, for recognition of access in accordance with the State of New York Town Law,- Section 280A. - Location of- property: east side South Harobr Road,- Southold, New York, bounded north by W.'CChapek,. and others, south by land of E. Ford, west-by South Harbor' Road. Vote 'of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. On motion by Mr. Bergen, seconded by Mr. Hulse,. it was RESOLVED that the Southold Town Board of Appeals set 7:40 'P.M. (E.D.'S.T.') ,; Thursday,' July 98 1964, at the Town Office, MainRoad, Southold, New York, as time and place -of hearing upon application of Land and Sea Motor 'Sales,, Inc, , Main. Road,, Mattituck,, New York,. fora special exception in accordance with the Zoning Ordinance, Article IV,. Section 400,. Subsection 9, for permission to install a parking lot for' the sale of used cars. Location of property: sou hh west side Main. Road and Bay Avenue, Mattituck New York, ...bounded norr-h by Main Road, east by Bay-Avenue, south by E34., Wilsberg, Southold Town Board of. Appe' ,-. , -32- June 25, IS 4 west -by-E. W. Wilsberg. Vote of the Board: Ayes: Mr. Gillispie, Mr, Bergen, . Mr,, Hulse. On motion -by Mr. Hulse,' seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of-' Appeals set 8: 00 P.M. .(E.D.S.T. ),' Thursday,,. July 9, 1964, Town Office,, Main Road, Southold,. New York, as time and place of hearing upon application of'Fredrick and Rosemary Gagen,, 711 Front- Street, Greenport,.. New York,, for a special exception in accordance with the Zoning Ordinance,;- Article III,' Section 300, Subsection lls. and. Article'Xs. Section 1007,' Subsection (b) for permission to change a tourist- sign to areal estate sign, and for permission tocchange the use of the premises. Location of property: south side' Front- Street,, Greenport, New York, bounded- north by Front Street, east by Ernest F. Richter,, south by 0. Goldin, west-by-C. Magoey. Vote of the Board: Ayes: Mr. Gillispie,. Mr, Bergen, Mr. Hulse. On ,motion by Mr. Gillispie,_ seconded by Mr. Bergen, it was RESOLVED that .the' Southold Town Board of Appeals set 8:15 P.M. (E.D.ST. )., Thursday, July 9, 1964, at the Town- Office, Main Road, - Southold, New York, as time and place of.chearing upon application of J. Richard Holmes,.. Mill Road, Mattituck, New Yorks; for a special exception in accordance with the Zoning- Ordinances- Article III,._ Section 300,. Subsection ll, for permission to erect .a directional sign on the property of Benjamin Jazombek. Location of property: south side Sound Avenue,, west of'Cox Neck Road,. Mattitucks New York,. bounded north by Sound Avenue, east by:-Charles Jazombek, south by Barbara Tazombek.. west by Barbara Jazombek. Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse. On motion by Mr. Bergen, seconded by Mr. Hulse,, it was RESOLVED that the Southold Town Board of Appeals set=8:30 P.M.' (E.D.ST;) ,, Thursdays, July 9,s. 1964s, -at the Town Office, Main Roads . Southold, New York, as the time and place of hearing upon application of J. Richard Holmes,. Mill Road, Mattituck,. New York, for a special exception in accordance with the Zoning-Ordinances- Article III,, Section 3008,- Subsection 11, for permission to erect a directional sign on the property of James Norris. . Location of property: north west. side 'Sound Avenue and' Cox Neck Road, Mattituck, New Yorks. bounded north by--W. Chudiak, east by Cox Neck:Roads south by Sound Avenue, west by Hallock-Chudiak. Southold Town Board of Apre -33- June 25, 19 Vote :of the Board: Ayes: Mr. Gillispie, Mr.Bergen,, Mr. Hulse. on motion by Mr. Hulse,, seconded by Mr. Gillispie,, it was RESOLVED that -the' SoptYD ld Town Board of: Appeals set - 9: 00 P.M. '(E.D.S.T.),, Thursday, July 9, 1964.,. at the Town Office,. Main Road, Southold, New York, as time and place of hearing upon application of J.C.P., Contracting Corporation,, 958 Church Street,. Baldwin,, New York, for a variance in accordance with the Zoning Ordinance,, Article III, Section 300, for permission to install a temporary contractors yard for state highway improvement work. Location of property: north side Ackerly Pond Lane, Southold,; New York,, bounded north and east . by land of W.'C-. Bolenius,,. south by Ackerly Pond- Lane, west by land of W.-C.- Bolenius. Vote of the Board: Ayes: Mr., Gillispie,. Mr. Bergen, Mr. Hulse. The next-meeting of the Southold Town Board of Appeals will be held at 7:30 PoM. '(E.D.'S.T. ) ,, Thursday,. July 9,' at the Town Office, Main Road,. Southold, New York. Meeting adjourned 1: 00 A.M. Respectfully submitted, Barbara L. Carroza, Secretary APPROVED � + a *anmi Boar o pp s