HomeMy WebLinkAboutZBA-07/24/1975 APPEAL BOARD
MEMB~'R
Robert W. Gillispi¢, Jr., Chairman
Robert Bergen
Charles Grigonis, Jr.
Sei'ge Doyen, Jr.
[red Hulse, Jr.
Town oard of Appeals
SOUTHOLD, l, I,, N, Y, t19~1
Telephone 765-26t50
M I N'U T'ES
Southold Town Board of Appeals
July 24, 1975
A regular meeting of the Southold Town Board of Appeals
was held ~t 7:30 P.M. (E~D.S.T.), Thursday, July 24, 1975,
at the Town Office, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr.,
Chairman; Robert Bergen; Fred Hulse, Jr.
Also present: Sherley Katz, Long Island Traveler-
Mattltuck Watchman.
7:30 P...M. (E.D.S.T.i, St.
No. 1771. A p~blic hear:
May 24,. 1973, b-nd
which time ~one of
may review this app
ts was "that %he ]
Df the
eal
as
date of July 28, 1975:
"The Board of Appeals reviewed your file at a regular
meeting held on July 24, 1975. We would appreciate receiving
Southold Town Board of
from you a review of you
was granted on July 3,
certain limitations and
~peals -2-
July 24, 1975
r activities since your application
973. At that time the Board set
restrictions.
When our Building I~spector, Mr. Hindermann, stopped
by Genesis House at 4:05 P~M. on July 24th, he found that
the outside stairs on the east side coming from the large
dormitory have not as ye
covered that one cover c
should be replaced."
PUBLIC HEARING:
upon application of Rudc
New York for a variance
Article III, Section~10C
to divide lot with insuf
property: Bunny Lane,
t been repaired. He also dis-
f cesspools is breaking up and
oeal No. 2062 - 7:90 P.M. (E.D.S.T~),
lph Rom, Bunny Lane, New Suffolk,
in accordance with the Zoning Ordinance,
-30~and Bulk Schedule for permission
ficient width and area. Location of
ew Suffolk, N. Y. , bounded on the
north by-F. Swiatocha & Wf; on the east by G. Grathwohl &
S. Maysyn; on the south by L. De Martini; on the west by
Bunny Lane. Fee paid $]5.00.
The Chairman opened
tion for a variance, leg
attesting to its publics
notice to the applicant
THE CHAIRMAN: The
Bunny Lane. The present
of this lot is 40 feet
survey, the two lots to
the hearing by reading the applica-
al notice of hearing, affidavits
tion in the official newspapers, and
lot to be divided has 200 feet on
house which is on the northerly portion
rom Bunny Lane. According to the
be created would be approximately
20,000 sq. ft. each. W~ also have a photostat of the County
Tax Map which indicates that the lot in question (28) is
surrounded by mostly smsller lots. The ones adjoining to
the south and north are both 100' x 200'; two lots further
south are also 100' x 2(
some lots which are 95~
THE CHAIRMAN: Is
speak for this applicatJ
('Mrs. Rudolph Rom
for the application).
0'; across the street going west are
x 187'
here anyone present who wishes to
on?
~dicated she was present to speak
THE CHAIRMAN: Did you buy two lots at the same time?
MRS. ROM: No.
Southold T own Board of Appea.
MRS. ROM: What is the m~
THE CHAIRMAN: 40,000 sq
started out with an Ordinance
100' x 125'
July 24, 1975
_nimum size of a lot now?
ft. When we originally
the minimum tot size was
THE CHAIRMAN: Does anyone else wish to speak for
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
applicant requests permission to divide lot with insufficient
width and area. The findings of the Board are that the tWo
lots to be created would be approximately 20,000 sq. ft~
each and would be surrounded by lots of a similar or smaller
size. The present house which is on the northerly portion
of this lot is 40 feet from Bunny Lane. The Board agrees
with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by
all properties alike in the immediate vicinity of this
property and in the same use district; and the variance will
not change the character of the neighborhood, and will
observe the spirit of the Ordinance.
On motion by Mr. Giltispie, seconded by Mr. Bergen, it was
RESOLVED, Rudolph Rom, Bunny Lane, New Suffolk, New York,
be GRANTED permission to divide property, as applied for,
subject to the following conditions:
That the lOts shall be divided at a point 1D0 .feet
corner. ~The lot line dividing the two lots shall be
parallel to the north and south lines of the property
ending at a point which is similarly an equal distance
from the northeast and southeast corners; creating two
lots which are approximately 100' x 200' each.
Vote of the Board: Ayes:~ Messrs: Gillispie, Bergen,
Hutse.
Southold Town Board of Appeals -4-
July 24, 1975
Mr. Edward Kowalski of Manhanset Avenue, Greenport,
asked to speak as he thought that the previous application
of Rudolph Rom was a similar situation to one at Manhanset
Avenue. He stated that the people next door to him have
a 70 foot lot and are set back 35 feet. He said that he
realizes that he is at fault because he did not read the
paper containing the legal notice. Mr. Kowalski stated
that the man next to him has a 10 foot side yard allowance
and has 35 feet in the front yard, and the zoning laws call
for 50 feet.
THE CHAIRMAN: This is a lot that was in single and
separate ownership prior to any zoning laws.
MR. KOWALSKI: When you do something like this you
should let the neighbors know. That's why I am here to
object.
THE CHAIRMAN: The requirement now is that ne±qhbors
be notified by Certified Mail.
MR. KOWALSKI: The lot is not b~ildable.
THE CHAIRMAN: Almost any lot is buildable. ~
MR. KOWALSKI: I could see where the variance pertains
to the house. I am only here to voice my opinion.
THE CHAIRMAN: The original Ordinance called for 10 foot
and 15 foot sideyards and could be reduced by the Building
Inspector by as much as 50%. Even now, the Building In-
spector can reduce it by 25%. Now lots have to be 150 feet
wide which allows much more room for side yards.
MR. KOWALSKI: It's not even a lot, it's against the
law. If it calls for a variance the neighbors should be
notified.
THE CHAIRMAN: Since that application the Ordinance has
been amended so that neighbors must be notified by Certified
Mail.
PUBLIC HEARING: Appeal No. 2063 8:05 P.M. (E.D.S.T.)
upon application of Pond Enterprises~ Inc., d/b/a Beachcomber
Motel, Depot Lane, Cutchogue, New York for a special exception
in accordance with the Zoning Ordinance, Article III, Section
100-30'B (6f) for permission to erect off-premises directional
sign. Location of property: Property of Nicholas Atiano,
Peconic, New York, bounded on the north by Middle Road (CR 27);
on the east by J. Krupski; on the south by Long Island
Railroad; on the west by B. Appleby. Fee paid $15.00.
Southold Town Board of Appeal~
~Ju!y 24, 1.975
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing~ affidavits
attesting to its publication in the official newspapers, and
notice to the applicant.
THE CHAIRMAN: There is a note in the file from Nicholas
Aliano granting permission to Pond Enterprises, Inc. d/b/a
Beachcomber Motel, to loc4te sign on hls property at Middle
Road between Krupski and Appleby.
This application was also sent to the Suffolk County
Planning Commission. The Planning Commission indicated that
their reply should not be construed as either approgal or
disapproval and stated that "a limitation on the number of
directional signs for each business establishment should be
considered."
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes.to speak
against this application?
(There was no response. I
THE CHAIRMAN: I would like to speak against it. The
applicant has four signs in Cutchogue, one in Mattituck, one
in Greenport; two signs are at the key turn-off point of Depot
Lane and County Road 27.
After investigation and inspection ~ Board finds that
applicant requests permission to erect off-p~emises directional
sign on property of Nicholas Aliano, Peconic, New.York.. The
findings °f the Board are that applicant has sufficien~ signs
toiio~te this ehterprise. They are as follows: ProPerty of
John Krupski, north side ?f Oregon Road, Cutchogue;~property
of Gabri~ K0us°Uros, at intersection o~ Middle Road (CR 27)
and'Sound Avenue, Ma~titu~k; property of now or formerly P.
Matwie~CzYk on the sOuth side of Middle Road (CR 27) and west
side o.f ~epot Lane, CutchOgue; corner of vista Lane & Depot
Lane, Cutc~ogue; north side of CountY Road (CR 27) (northwest
corner) & Depot Lane, Cutchogue; property of Nicholas Atiano,
Greenport. The Board finds that any'further signs would create
unnecessary visual pollution of this area.
The Board finds that the public convenience and welfare
and justice will not be served and the legally estabIished
or permitted use of neighborhood property and adjoining use
districts will be permanently or substantially injured and
the spirit of the Ordinance will not he observed.
Southold Town Board of Appeals
July 24, 1975
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Pond Enterprises, Inc. d/b/a Beachcomber Motel,
Depot Lane, Cutchogue, New York, be DENIED permission to
erect off premises directional sign on property of Nicholas
Aliano, Peconic, New York, as applied for, for the reasons
stated.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Hulse.
PUBLIC HEARING: Appeal No. 2064 - 8:15 P.M. (E.D.S.Ti) upon
application of Pond Enterprises, Inc. d/b/a Beachcomber Motel,
Depot Lane, Cutchogue, New York for a special exception in
accordance with the Zoning Ordinance, Article III, Section
100-30 B (6f) for permission to erect off-premises directional
sign. Location of property: Property of Nicholas Aliano,
Southold, New York, bounded on the north by Town of Southold
& I. C. Latham; on the east by I. C. Latham & R. Bayley; south
by Middle Road (CR 27); west by Thomas Morris & Ors. Fee paid
$15.00.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavits
attesting to its publication in the official newspapers, and
notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
THE CHAIRMAN: There is a note in the file from Nicholas
Aliano granting permission to Pond Enterprises, Inc. d/b/a
Beachcomber Motel, to locate sign on his property on CR 27
between Hodgins & Charnews.
This application was also sent to the Suffolk County
Planning Commission. The Planning Commission indicated that
their reply 'should not be construed as either approval or
disapproval and stated that "a limitation on the number of
directional signs for each business establishment should be
considered."
Southold Town Board of Appeals -7-
July 24, 1975
After investigation and InspeCtion the Board finds that
applicant requests permission to erect off premises directional
sign on property of'Nicholas Aliano, Southold, New York. The
findings of the Board are that applicant has sufficient signs
to locate this enterprise. They are as follows: Property of
John Krupski, north side of Oregon Road, Cutchogue; property
of Gabriel Kousouros, at intersection of Middle Road (CR27)
and Sound Avenue, Mattituck; property of now or formerly P.
Matwieczyk on the south side of Middle Road (CR27) and west side
of Depot Lane, Cutchogue; corner of Vista Place & Depot Lane,
Cutchogue; north side of County Road (CR 27) (northwest corner)
& Depot Lane, Cutchogue; property of Nicholas Aliano, Greenport~
The Board finds that any further signs would create unnecessary
visual pollution of this area.
The Board finds that the public convenience and welfare
and justice will not be served and the legally established
or permitted use of neighborhood property and adjoining use
districts will be permanently or substantially injured and
the spirit of the Ordinance will not be observed.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED, Pond Enterprises, Inc. d/b/a Beachcomber Motel,
Depot Lane, Cutchogue, New York, be DENIED permission to
erect off premises directional sign on property of Nicholas
Aliano, Southold, New York, as applied for, for the reasons
stated.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Hulse.
PUBLIC HEARING: ~ppeal No. 2065 - 8'
.30 P.M. (E.D.S,T.)
upon applicati0n of Step~en F. Griffing, Jr., Esq~ a/c Anna
Loria, First Street, New Suffolk, New York for a.varlance in
accordance with the Zoning Ordln~nce, Article III., Section
100-30 for permission to use land for parking. Location of
property: East side First Street, New Suffolk, N. Y., bounded
~n %he ~orth by A. Levesque & Wf.; on.the east by Peconic BaY;
south by now or formerly A. Wood; west by First Str.eet. Fee
paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
Southold Town Board of Appeals -8-
July 24,
1975
THE CHAIRMAN: The application was sent to the Suffolk
County Planning Commission for their recommendation. The
Commission considers this to be a matter for local determination.
There is also a letter in the file from the Town Clerk stating~
that adjoining neighbors have been notified.
The application is accompanied by a Van Tuyl survey dated
March 4, 1964 indicating that the lot in question, which has
been bulkheaded, has approximately 100 feet on First Street
and approximately 100 feet on Peconic Bay;.'51 feet at the
northerly end of the plot and approximately 71 feet at the
southerly end of the plot.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
STEPHEN F. GRIFFING, SR., ESQ.: I represent the Lorias
and I believe the application covers everything.
THE CHAIRMAN: You made an application to the Board once
before. June 29, 1972 was the date of the action of the
Board. This application involved the construction Of a
freezer building. It reads as follows:
"THEREFORE IT WAS RESOLVED, Joan R. Wood, Kings Park, New
York, and Salvatore and Philip Loria, New Suffolk, New. York,
be GRANTED permission to reinstate non-conforming use on
property located on the east side of First Street, New Suffolk,
New York, subject to the following conditions:
1. Permission is granted for use of premises for public
parking.
2. Permission is granted for construction of a freezer
building. Building Shall be no larger than 12 feet x 16 feet.
Freezer shall be moved from present location on applicant's
residential property~to premises under application by
September 1, 1972.
3. Permission is granted for storage of applicant's boats
and motors on premises and ancillary equipment of fishing business.
Vote of the Board: 'Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse."
MR. GRIFFING: That was the Wood piece. Across the street
is a fishing station.
THE CHAIRMAN: There is an old building there.
MR. LORIA: That building should be taken down. We have a
lease.
Southold Town Board of Appeals
-9-
Julys24, 1975
THE CHAIRMAN: Is that the building for freezer storage?
MR. LORIA: That's another building.
MRS. ANNA LORIA: You gave us permission to put a freezer
on the property but we never did. The building was in good shape.
THE CHAIRMAN: As I recall, there were a lot of people
from New Suffolk objecting to a variance on this.
MRS. ANNA LORIA: They objected to putting a freezer in
a garage, and we had to get Mrs. Wood to give us a paper okaying
this.
THE CHAIRMAN: -The Civic Association was happy about the
parking which helped to relieve traffic conditions.
MRS. LORIA: If there are one or two cars parked outside,
people always come to us to say "there is a car parked outside".
MR. LORIA: We have 53 boats.
THE CHAIRMAN: How many parking spaces do you need?
MR. LORIA: One car per boat.
THE CHAIRMAN: How many spaces do you think you could acquire
here?
MR. LORIA: That would give me about 10 to 15 extra cars.
THE CHAIRMAN: Based on the formula of 350 sq. ft. per car.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
MRS. JULIA LEVESQUE: We adjoin to the north.. Is that
residential?
MRS. LORIA: The fishing station is non-conforming.
MRS. LEVESQUE: The fishing station parking lot is agood
size. We have windows from one end of the house to the other and
we have to look at a parking lot. While people are there, they
clean out their cars.
THE CHAIRMAN: I think, if this were granted, that there
should be a buffer zone, some sort of screening that would protect
you. All this area here is residential.
MRS. LEVESQUE: I don't want to look at a parking lot.
Southold Town Board of Appeal~ ~10-
July 24, 1975
MR. TOM FLURRY: I was a partner in a fishing station,
Captain Tom's. I had parking and I had 40 boats. Captain
Marty's had 25 to 30 boats. We did not have trouble about
parking.
THE CHAIRMAN: That is not what the Civic Association
said.
MR. FLURRY: The Civic Asseclat~on does not want to
hear that Jackson Street is a public road. That's the nature
of a Civic Association. I have seen what happens to the
fishing stations. At three or four o~clock in the morning
there are drunks opening up cars; they use cars for urinals.
It sounds good when somebody says 'this or that' but it
doesn't work out that way. I am a taxpayer who pays
premium taxes. Parking is the Town Board's~problem~ I want
premium performance from the Boards. Outsiders can come in
and do anything they want. I travel 100 miles a day to go
to work. If I wanted to live off parking lots I weuld move
to the city. I want to maintain the area, not destroy it.
If people want to buy something, they can buy. a house and
live in it but don~t park cars.
MR. GRIFFING: Did Mrs. Levesque acquire her property
before or after the fishing station?
THE CHAIRMAN: This property is noted as Okody on the
map. The question is when did you acquire the property?
MRS. LEVESQUE: Last year.
THE CHAIRMAN: It!s single family use. It .was two famil~
but now you are using ±t .as a single family residence. How
big is your house?
MRS. LEVESQUE: It.covers the whole area.
MR. GRIFFING: The point I am making is that tkere is a
fishing business in the area.
MR. LORIA: She did rent her apartment downstairs. She
had a tenant. They had several cars that they parked on the
property and I never said anything. Now that I want to
park my cars in there, there seems to be a discrepancy. If
I have cars in the street Mr. Flurry will be No. 1 to complain
that I should get my cars off the street. He sang'a different
tune when he ~ a fiShing station of ~is own. It's turned
around when he thinks I am in the wrong and what he did years
ago was in the right.
MR. FLURRY: I started a fisk~ng station before zoning was
in; I parked cars on the lot. Captain Marry conducted his
Southold Town Board of Appeals
July 24, 1975
business in the street, at the end of the street where his
boats were. You don't use Town property for business purposes.
My cars were parked in that lot, we had boats in that lot and
cars. Marty's station had to do it because he had 30' x 80'.
He was parking in the streets and running his business off
the streets. I made an objection because if somebody got
hurt such as tripping over an anchor, they could sue the
Town.
MR. GRIFFING: Mr. Flurry has eloquently stated the case
for why we need parking.
THE CHAIRMAN: The Town Board has never been able to
resolve this.
MR. FLURRY: Why should they have parking at the expense
of the taxpayer?
MR. PHILIP LORIA (son): The chances are that this property
will only be used on Saturday~ It~may only be for a couple of
months to keep the cars off tke street. We haYe gone to a lot
of expense to clean up the property. We are doing ~t for one
reason, to make our place look n~ce, to keep it neat. We don't
want any trouble with anybody.
THE CHAIRMAN: I would like to ask a question about inter-
mittant use of the lot for parking area, is this the way you
want it?
MR. P. LORIA: Probably not. In the month of May we are
busy and some days we might need it. I would not want to be held
down. Before that there was only a short footage to the s~reet,
everything from the Bay drifted' in. There was an old car there,
all cut up. We cleaned it up and intend to keep our business
clean. We don't want any trouble. We wont to a lot of expense
to keep this neat.
MR. FLURRY: They do keep the' place clean but they will have
an awfully hard time with their customers.
MR. P. LORIA: We have facilities, wo have a men'sroom and
a ladies room. If anything like Mr. Flurry~ays~w~ll h~p~en, what
can I say? I can advi~e my customers. We h~v~ .the' faC~i~ti~s
open all day and all night. It would not have to be one of my
customers who would do something like that, it could be anyone
from the town. We wili keep our place clean.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
Southold Town Board of .Appeals -12-
July 24, 1975
RESOLVED that the Southold Town Board of Appeals reserve
decision on Appeal No. 2065, Stephen F. Griffing, Jr., Esq. a/c
Anna Loria, First Street, New Suffolk, New York until 7:30 P.M.,
August 14, 1975.
Vote of the Board: Ayes:- Messrs: Gillispie, Berqen, Hulse.
APPEAL NO. 2066 - 8:45 P.M. (E.D.S.T.), upon application of
Twin Fork Fence Co. a/c Digate Concrete Products, Inc., Sound Avenue,
Mattituck, New York - for a variance in accordance with the Zoning
Ordinance, Article III, Section 100-35 as it applies to Article
VIII, for permission to construct 6 foot cyclone fence (excessive
height for front yard). Location of property: S/S Hummel Ave. &
Boisseau Avenue, Southold, N. Y., bounded on the north by Hummel
Avenue; east by Boisseau Avenue; south by Long Island Railroad;
west by Southold Lumber Co., Inc. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MRS. STEPHEN J. PERRIC0NE: I am here to speak for it.
THE CHAIRMAN: You wish this chain link fence to enclose a
storage area.
MRS. PERRICONE: Yes, just the area that they are going to
use as storage as shown on the sketch.
THE CHAIRM~N: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investiqation and inspection the Board finds %ha%
applicant requests permission to construct six foot .cyclone
fence (excessive height for front yard) on property located on
the south side of Hummel Avenue & Boisseau Avenue, $outh~ld,
New York. The findings of the Board are that a six foot fence
is needed, for security for the storage of parts. The Board
agrees with the reasoning of the applicant.
Southold Town Board of Appeals -.t3~
July 24, 1975
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by
all properties alike in the 'immediate vicinity of this
property and in the sa/ne use district; and the variance will
not change the~character of the neighborhood, and will
observe the spirit of the Ordinance.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED, Twin Fork Fence Co. a/e Digate Concrete Products,
Inc., Sound Avenue, Mattituck, New York, be GRANTED permission
to construct 6 foot cyclone fence , as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
PUBLIC HEARING: Appeal No. 2067 - 8:55 P.M. (E.D.S.T.)
upon application of Gary. F. Olsen, Esq. a/c John McFeely, 44
Dorchester Road, Rockville Centre, N. Y. for a variance in
accordance with the Zoning Ordinance, Article III, Section
100-30 and Bulk Schedule for permission to divide property with
insufficient width and area. Location of Property: S/S Peconic
Bay Blvd., Laurel, N. Y., bounded on thelnorth by Peconic Bay
Blvd., east by John Rozansky; south by Peconic Bay; west by Rosin
& Liquori. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: Originally, the application showed 97,000
sq. ft., the figures didn't jibe. That has been changed to read
"77,000 sq. ft."
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
GARY FLANNER OLSEN, ESQ.: I represent John McFeely.
THE CHAIRMAN: Have you made any application to the Department
of Environmental Conservation?
MR. OLSEN: No, I have not but if that is required by this
Board I will do so. There is a house on there now and there are no
wetlands so I can't imagine it being denied by D.E.C. I can get
something from them in a couple of weeks.
THE CHAIRMAN: We can make a decision, subject to. A decision
has to be made within 60 days. A photostat of the County TaxMap
indicates that the adjoining property to the east is a narrow lot
and the lots to the west are all either the same size or smaller
Southold Town Board of Appeals -14-
July 24, 1975
than the proposed lots. If you 9o further west than that you
find a lot of smaller lots. Across the street there are four
lots similar in size.
MR. GARY OLSEN: As I indicated in the application, the total
area of the property can be divided to almost-meet the 80,000
sq, ft. requirement. We have 77,000 sq. ft. so the spirit of
the Ordinance would be upheld. I also have a copy of the tax map
indicating that subject premises is oversized in comparison with
the properties surrounding it. Ht~would create two parcels
which would be a~most 40,000 sq. ft. each. This property,
historically, was two pieces. There was property on Peconlc Bay
Boulevard with a right of way to the beach. This reflected on
the tax map. That small piece and t~he larger.parcel have been
taken by the same owner. They have not been kept in single
and separate ownership. We just want two large pieces, 39,000
sq. ft. and 38,000 sq~ ftc, and presently it is the intention of
my client to move the house to the westerly portion, or parcel,
if it's movable. There is a fireplace in it. Maybe the house
will have to be destroyed. He would like to build a new house
on the easterly piece. There is plenty of frontage and density.
THE CHAIRMAN: Is there anMone else who wishes to speak
for this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
MR. McGOWAN: I own the adjoining property to the west and
I want to register an objection. The building referred to here
is a shell and is strictly a rental. We have had difficulty
with the tenants. The proposal is to move it closer. It-would
depreciate my property, the house is up on blocks. I have no
objection to the division of the property but I do object to
having the house moved closer. The purpose of this house is
for rentals.
THE. CHAIRMAN: The purpose of this application is for
division of property. Are they going to sell these lots?
MR. OLSEN: I don't think their plans are firmed up. He
wants to divide and have a saleable parcel.
MR. McGOWAN: It's obvious that it would still be a rental.
Southold Town Board -of Appeals
July 24, 1975
THE CHAIRMAN: Maybe they will tear it down.
MR. ROSIN: Mr. Liquori and myself are on the west. We
split the expenses on beack and bulkheading. One of the factors
is if he should move that house it would be on a section Where
there is badly damaged bulkheading. If he has any intentions
of selling this, in the meantime there would be some time elapsing
and that whole thing could be wiped out.
MR. McGOWAN: We are low. We have had 10 feet of water in
the house in 1969. We repaired our house. ~That house was never
repaired. There was a storm in 1969 and it broke the bulkheading.
He is going to be a new neighbor. I can guarantee you that that
house will be a rental.
MR.-OLSEN: I represent the purchaser. The property ~s o%rned
by the Estate of Leonard 1 ~' ~ ~
P eckav~c~us.
MR. McGOWAN:
THE CHAIRMAN:
Department.
What about wells and cesspools?
That is under the jurisdiction of the Health
THE CHAIRMAN~ Are there any other questions?
(There was no response.)
After investigation and inspection the .Board finds that
applicant requests permission to divide property with n ~ ·
~ sufficient
width and area on the south side of Pecon±c Bay Boulevard, Laurel,
N.Y. The findings ~of the Board are that applicant is surrounded
by properties of smaller size and the variance requested is less
than 5% of the required 40,000 sq. ft~ The Board agrees with the
reasoning of the applicant.
T~he Board finds that strict appticationcof the Ordinance
would produce practical difficulties or unnecessary hardshiP;
the hardship, created is unique and wo~ld not be ~shared by
all properties alike in the immediate v~¢ln~ty' ' of this property
and in the same use district; and the variance witl not change
the character of the neighborhood, and will observe the splr~t
of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, ~t~was
RESOLVED, Gary F. Ols.en, Esq. a/c John'McFeely, .44 Dorchester
Road, Rockville Centre, N. Y~ be ~RANTED permission to divide
property, as applied for, subject to the following conditions:
Southold Town Board of Appeals
-16-
July 24, 1975
That the present residence which is located partially
on both of the lots to be created by this action shall
be either moved to a proper location, under the Zoning
Ordinance, or abolished.
That this approval of the Board of Appeals shall be
subject to Department of Environmental~Conservation
approval.
Vote of the Board: Ayes:~ Messrs: Gillispie, Bergen, Hulseo
Gary Olsen, Esq. and Mr. Brian Sheehan had a discussion
with the Board With respect to the keeping of large ~nimals.
Mr~ Olsen said that Mr. Sheehan i~ ~o~tempiating' ~ur~h~'sing
property from the Adel'minor subdivision ~n the' n~w.~oad ~'
opposite Mattituck Manor. He onty wmnts to purchasei'the property
if it can be used as a mini farm with animals. Mr. Sheehan
said that he would like to put a house up and raise a few head
of cattle, and perhaps some chickens and a few plgslor goats.
He would like to be f~irly self~sufficient with animals and a
garden. He said he is from Southampton and i~ a teacher but
a frustrated farmer. He has raised chickens and pigs and has
enjoyed doing that. He said he and his family would like to live
here and be as self-sufficient as possible. He would commute to
Southampton to teach.
Mr. Olsen sa~d that it appears a person would be Permitted
tbs proposed uses. would'be permitted under acc
it's not being used as a farm. His house w0uld'h so this
would be accessory use. He seemed tO feel that it would be
permitted as accessory use. If he wore having a farm he would
need 10 acres but with a house there, he can~do it. However, I
don't want to tell Mr~ Sheehan that he can do it untilLI have
an opinion from the Board."
THE CHAIRMAN: This would be non-commercial, just for your
own use?
MR. SHEEHAN: Yes.
Southold Town Board of Appeals
-17-
July 24, 1975
THE CHAIRMAN: I believe you are permitted two horses on
40,000 sq. ft.; each half acre is permitted one more horse so
you are inferring that the same would apply to other large
animals.
MR~ OLSEN: This question is going to come up more and more
as the Planning Board is encouraging large lots.
THE CHAIRMAN: kre you going to buy this whole piece of
property?
MR. SHEEHAN: I would like to buy three and a half acres.
MR. OLSEN: This is being done now as~long as it's kept
clean but I would like to have some assurance.
MR. ROBERT BERGEN:
THE CHAIRMAN:
MR. SHEEHAN:
THE CHAIRMAN:
some fencing.
You may have to have a b. uffsr zone.
I think pigs would be the least offensive.
They are surprisingly clean.
If you had goats, you would have to have
MR. SHEEHAN: I was thinking of~.a couple of steers, chickens
and pigs. I would not be interested in milk cows because
there are only four of us. I would have liked to stay in
Southampton but restrictions are too strict. T~ey will not give
any variance. Animal husbandry is-not in zoning at all. In
order to apply for a variance you must have five acres and
even if you meet all the restrictions it will be turned down.
MR. OLSEN: Accessory Uses, 100-25, states you can have
horses and domestic animals providing no building for them is
closer than 50 feet to any lot line. It seems to imply you can
have them as an accessory use. Housing is where the barn is,
the animal could graze up to the lot line. The Town is en-
couraging large lots and the purpose Mr. Sheehan wants this for
is what other people will want.
THE CHAIRMAN: Was this advertised as a mini-estate?
MR. OLSEN: I think there are about four minor subdivisions.
They won't go that well unless people can have some domestic
animals.
THE CHAIRMAN: What is a domestic animal?
MR. OLSEN: Any animal that .is not wild... ~horses, cows, sheep,
steer, goats, pigs, rabbits.
THE CHAIRMAN: We will try to establish what you can do. I
think we understand the problem.
Southold Town Board of Appeals -18-
July 24, 1975
MR. SHEEHAN: I want a couple of steers; a couple of
pigs; and a couple of rabbits, which are household pets.
THE CHAIRMAN: One of the problems would be buffer zones
and fences.
MR. OLSEN: It would seem to me to be a good thing to
keep the area agricultural.
THE CHAIRMAN: We wilt study this and let you know.
PUBLIC HEARING: Appeal No. 2068 - 9:10 P.M. (E.D.S.T.)
upon application of Dorothy M. White, Inlet Drive, Mattituck,
New York for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-33 and Bulk Schedule for permission to
construct addition with insufficient setback (front yard).
Location of property: Inlet Drive and Sound Beach Drive, Map
of Captain Kidd, Lot 65 and part of 66, Mattituck, N. Y. Fee
paid $15.00~
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspaPers, and notice to
the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
finds that
sufficient setback (front yard) at Inlet Sound~ Beach
DriVe, Mattituck, New York'. The f~ndings o~f the Board are that
the deck will be-on the north s~de of the h~use and will be
20 feet wide. Applicant's house is 32 feet from Sound Beach
Drive which dead-ends at the adjoining lot to the east; it has
two front yards, one of which is on Inlet Drive, and one on
Sound Beach Drive. The Board finds that there will be no
development across the way from this house. The Board agrees
with the reasoning of the applicant.
Southold Town Board of Appeals -19-
July 24, 1975
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
Properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not change
the character of the neighborhood, and will observe the spirit
of the Ordinance.
On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
RESOLVED, Dorothy M. White, Inlet ~rive, Mattituck, New
York, be GRANTED permission to construct addition with in-
sufficient setback (front yard), as applied for.
Vote of the Board: Ayes:- MeSsrs: Gillispie, Bergen,
Hulse.
The Board read and discussed letter written by-Mr. Edward
Hindermann, Building Inspector, dated July 11, 1975, ~ch
was addressed to Town Board, Town of $outhold (with copies
to Town Attorney, Planning Board and Appeals Board. TAe letter
directed the attention of the various Boards to "an increase of
illegal signs being placed along State and County h~ghways
within the Town of Southold and repeated instances where
advertising signs are being placed on vehicles or are attached
to vehicles Which are left-parked for long periods of time at
various locations on the public higkWays witkin the Town.
The Chairman directed the secretary to write a letter
to the Town Bo~d (with copies to the Town Attorney and the
Planning Boardi) agreeing with the recommendation of Mr.~Hindermann
that the p~esent sign regulations, Zoninc Chanter 100 Town of
Southold, ~ ~ ~ ~ '
be amended to include the two sections taken from the
Town of Southampton's sign regulation, as follows:
"No sign other than a sign erected by a.governmentaI
agency Shall be erected or placed within the right of
way lines of a public street and any such sign ~ay. be
removed by the Building Inspector without notice to the
owner."
"Temporary or permanent signs resting on, or attached to
vehicles, shall not be used as a means to circumvent the
provisions of this Ordinance."
The Board of Appeals agrees that these amendments should be
adopted as soon as possible.
Southold To~n Board of Appeals
July 24, 1975
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the mznutes of the Southeld Town Board of
Appeals dated July 3, 1975 be approved, as submitted subject to
manor correction.
Vote of the Board': Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED that the next regular meeting of the Southold Town
Board of Appeals shall be held at 7:30 P.M. (E,D.S.T.), Thursday,
August 14, 1975, at the Town Office, Main Road, Southold, N. Y.
Vote of the Board: Ayes:- Messrs: Gitlispie, Bergen, Hulse.
Nineteen (19) Sign Renewals were reviewed and approved as
submitted.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals GRANT
permission to the G.T.G. American Legion Auxiliary to put
up posters for their Antique Flea Market to be held on August
9, 1975, rain date August 10th, subject to the following condition:
That the posters may be displayed for two weeks
before the event and shall be removed within one
week after the event.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals GRANT
permission to the United Methodist Church of Greenport to display
one sign near the traffic circle at Main Street-& North Road, and
one on the main road near Chapel Lane (Mud La.) advertising the
17th Annual Antique Show to be held on August 7th and August 8th,
1975, subject to the following condition:
Southold Town Board of Appeals
-21-
July 24, 1975
That the posters may be displayed two weeks prior to
the event and shall be removed within one week after
the event.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals GRANT
permission to the Mattituck Gun Club, Inc. to display adver-
tising posters for their annual Turkey Shoot, subject to
the following condition:
That the posters may be displayed for two weeks
prior to the event, and shall be removed w±thin
one week after the event.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On mo~ion by Mr. Gillispie, seconded by Mr. Bergen, i% was
RESOLVED that the Southold Town Board of Appeals GRANT
permission to Oyster Ponds Chemical Co., Orient Fire Department,
Orient, N. Y. to display posters for their 17th Annual Chicken
Barbecue to be held on August 16, 1975, subject to the followihg
condition:
That the posters may' be displayed for two ~eeks
prior to the event, and shall be removed w~%h±n one
week after the event.
Vote of the Board: Ayes:- Messrs: Gillispie., Bergen, Hutse.
Southold Town Board of Appeals
-22-
July 24, 1975
On motion by Mr. Bergen; seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town BOard of Appeals set
7:50 P.M. (E.D.S.T.), August 14, 1975, at the Town Office, Main
Road, Southold, New York as the time and place of hearing upon
application of A. John & Margaret J. Gada, Equestrian Avenue,
Fishers Island, N. Y. for a variance in accordance with the
Zoning Ordinance, Article III, Section 100-30 A and Bulk Schedule
for permission to divide premises with insufficient width and
area. Location of property: North s±de of Winthrop Drive,
Fishers Island, New York, bounded on the north by F. Rauch &
Others; east by Equestrian Avenue; south by Winthrop Drive,
west by R. Waddington.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals set
~...~?~'~ 8:00 P.M. (E.D.S.T.), August 14, 1975, at the Town Office,
Mai~ Road, Southold, New York, as the time and place of hearing
upon application of Muriel A. Nielsen, Birch Road, Southold,
New York for a variance in accordance with the Zoning Ordinance,
Town Law, Section 280A, for approval of access. Location of
property: East side Kenneys Road, S-uthold, New York, bounded
on the north by Joseph Wheeler; east by Helen Conway; south by
Joseph Wheeler; west by John Pierre.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by Mr. Hulse, seconded by Mr. Bergen, it.was
RESOLVED-that the Southold Town Board of Appeals set
8:15 ~.) upon application of Gary F. Olsen, Esq.
a, ~, Jr. and Alice M. Carr, Maratooka R~ad,
· k ~or a variance in accordance With ~h~
Zoning , Article' III~ Se6. 100-31 and Bulk SchedUle
to divide premises with ~nsufficient width and area. Location
of pro~er'ty: Maratooka ROAD, Mattituck, New York, bounded on
the n~rth ~y J. ~amilton; east by T. Darsaklis; south by other
~and of applicant; West by Maratooka Road.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
Southold Town Board of Appeals
-23-
July 24, 1975
On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set
8:25 P.M. (E.D.S.T.), August 14, 1975, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of George and Grace Leone, 101 Coleman Street,
New London, Connecticut for a variance in accordance with the
Zoning Ordinance, Article III, Section 100-30 A & Bulk Schedule
for permission to set off lot with insufficient width and area°
Location of property: N/S Oriental Avenue, Fishers Island, New
York, bounded on the north by O. Horn; east by O. Horn & Ano. ;
south by Oriental Avenue; west by R.O.W. - Thurrott/Emmot.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
Respectfully submitted, ~
~rjo~e McDermott, Secretary
Chairman ~
Robert W. Gillispie, Jr., Chairman