HomeMy WebLinkAboutZBA-10/13/1977 APPEAL BOARD
Robert W. GillJspie, .jr., Ch~rrman
Robert Bergen
Charles GrJgonis, .jr.
Serge Doyen, .Jr.
Frec~ Hlulse, .Jr.
Southold Town Board of Appeals
-~OUTHOLD, L. !'., N.Y. ll:J?l
Telephone 765~2660
MINUTES
Southold Town Board of Appeals
October 13, 1977
A regular meeting of the So~thold Town Board of Appeals
was held aG 7:30 P.M. (E.D.S.T.), Thursday, October 13, 1977,
at %he Town Hall, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr.,
Chairman; Robert Bergen; Fred Hulse, Jr. (7:55 P.M.); Charles
Grigonis, Jr.; Serge Doyen, Jr.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals, due to
the unusually large number of hearings on the agenda, dispense
with the reading of the legal notices for each application unless
requested to do so.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Grigonis, Doyen.
7:~0 P-M. (E.D.S.T.), Appeal No. - Recessed hearing
Upon ~i~ation of lVirginia W. Surer, Be Road, Cutchogue,
New ¥~r a variance in accordance with Ordinance,
Art~ 100-30, 100-32 and Bulk f~r per-
missio~ truct accessory building with insufficien~ setback.
Loca~ ty: Beachwood Road, Cutchogue, New York,
now or formerly J. Dean; east by R. Seh;
south by. Beac~wood Road (Pvt. Rd.), west by Creek Road (Pvt. Rd.)
THE C~IRMAN: The application on Appeal No. 2322, con-
cerning cons%ruction of a~garage, a permit to build a utility
building on land ~hat may or may not be subject to DEC and ~
Southold Town We%tands Control has requested that we postpone
to 7:30, recess this hearing rather, until 7:30 on November 3rd.
On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was
Southold Town Board of Appeals
October 13, 1977
RESOLVED that the public hearing upon application of
Virginia W. Surer, Appeal No. 2322, be RECESSED ~O November 3,
1977, at 7:30 P.M.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Grigonis, Doyen.
PUBLIC HEARING: Appeal No. 2310 - 7:35 P.M. (E.D.S.T.)
Rehearing upon application of Ernest G. Radford a/c Marion D.
Fitzsimmo~s, 69 Westgate Boulevard, Plandome, New York for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to set off lot
with insufficient width and area. Location of property: north
side Main Road, Orient, New York, bounded on the north by Long
Island Sound; east by Woodhollow Properties, Orient-by-the-Sea
Subdivision; south by Main Road; west by other land of applicant.
THE CHAIRMAN: The Board has already acted on this appeal
granting permission with two conditions.
"1. The lot shall have at least 110' on the State Road
and at least 40,000 sq. ft. in area.
2. The lot is subject to the approval of the Planning
Board."
That was unanimously concurred with and that was the
action on her application. The main reason for the application
was that the lot was less than 150' but it conformed t? ~he
original farm homestead that was on the property and on both the
east and west boundaries of the property there are substantial
hedgerows or windbreaks, large trees, which we felt set th~s lot
off in a natural way. We felt it was unnecessary to have 150'
since we were going to have 40,000 sq. ft. in area anyway. Also,
~here was a question if they subdivide the rest of the land there,
we would be cutting down road frontage that should probably be
attributed to this possible subdivision. The Planning Board re-
fused to give this their approval because the lots were under
legal size.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED ,that the Southold Town Board of Appeals RESCIND
the action of July 14, 1977, on Marion D. Fitzsimmons, Appeal
No. 2310, with a view to proposing a resolution similar to the
one passed on July 14, 1977, eliminating the clause, "The lot
is subject to the approval of the Planning Board."
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Grigonis, Doyen.
Sou%hold Town Board of Appeals
October 13, 1977
THE CHAIRMAN: Is there anyone who wishes to speak for
or against this application?
(There was no response.)
The proposal is simply to eliminate the phrase "subject
to Planning Board approval."
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Marion D. Fitzsimmons, 69 Westgate Avenue,
Plandome, New York, be GRANTED permission to set off lot with
insufficient width and area, north side Main Road, Orient, New
York, as applied for, subject to the following condition:
The lot shall have at least 110' on the State Road
and at least 40,000 sq. ft. in area.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen,
Grigonis, Doyen.
On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals approvel
minutes dated September 30, 1977.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Grigonis, Doyen.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals approve
minutes dated September 15, 1977.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen,
Grigonis, Doyen.
PUBLIC HEARING: Appeal No. 2339 - 7:50 P.M. (E.D.S.T.)
upon application of Mrs. William J. Fleming, 1~9 Stewart Avenue,
Garden City, New York for a variance in accordance with the
Zoning O~dinance, Article III, Section 100-30 C 2(a) and Bulk
Schedule for permission to construct swimming pool with insuf-
ficient side yard and midofication of fence requirements. Loca-
tion of property: Bayberry Road Ext. (Pvt. Rd.), Nassau Point,
Cutchogue, New York; Lot 119, Nassau Point Re-Sub.
Southold Town Board of Appeals
October 13, 1977
The Chairman opened ~he hearing by reading the application
for a variance, disapproval from the Building Inspector, and
statement from the Town Clerk that notification by certified
mail had been made to: George Nohe; William Mullin. Fee paid
$15.00.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application or add anything to it? The property is
located off Bayberry Road and is irregular in shape, 443' in
length on the southerly side and approximately the same length
on the northerly side. It looks like a fairly narrow frontage
on Bayberry Road, maybe 60', 70', I don't know. The house is
constructed very close to the northerly line and in order to
provide maneuvering room for a motarized whe~l chair, the deck
had to he constructed to the northerly line. Is there anyone
who wishes to speak for this application?
(There was no response.)
Is there anyone who wishes ~o speak against this application?
(There was no response.)
(Mr. Fred Hulse, Jr. arrived at 7:55 P.M.)
The only thing I would have to say is that, on inspection,
we found that the fence facing southwest on this p~ol, facing
toward Wunneweta Pond, is not correct. It has to be 4' high
with 2" mesh or equivalent. However, the gate locks, as installed,
we believe should remain as they areabecause apparently there's
considerable difficulty getting through with the wheel chair and
opening a self-locking gate. The gates have, in fact, hardware
on them which locks the gate but does not swing the gate shut
unless it's done by hand. As long as the present occupants use
the house, I think this should be permitted.
After investigation and inspection, the Board finds that
the applicant requests permission to construct swimming pool with
insufficient side yard and modification of fence requirements,
Bayberry Road Ext., Cutchogue, New York. ~he findings of the
Board are that the Board is in agreement with the reasoning of
the applicant.
The Board finds that strict application of the Ordinance
would prGduce 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. Gillispie, seconded by Mr. Bergen, it was
Southold Town Board of Appeals
October 13, 1977
RESOLVED, Mrs. William J. Fleming, 109 Stewart Avenue,
Garden City, New York, be GRANTED permission to construct
swimming pool with insufficient side yard.and modification
of fence requirements, Lot 119, Bayberry Road Ext. (Pvt. Rd.)
Nassau Point, Cutchogue, New York, as applied for, subject to
the following condition:
The southerly fence must conform to the Ordinance.
The locking device on the gate shall remain as is
as long as the present occupants use the house.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
(After the hearing was closed, Mr. Fleming discussed
with the Board the laws concerning fencing.)
PUBLIC HEARING: Appeal No. 2312 - 8:00 P.M. (E~D.S.T.)
Recessed hearing upon application of Gustav Bartra, 227
B~akwater Road, Matt±tuck, New York for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-30 C
and 100-32 A for permission to construct radio and T.V. towers
exceeding maximum height. Location of property: Right-of-way,
east side Breakwater Road, Mattituck, New York, bounded on the
north by Stupiello and Maione; east by Donald Cooper; south by
~ight-of-way, D. Cooper; west by Cannone.
THE CHAIRMAN: This hearing has been recessed a couple of
times and so much information has gone into the record about
everybody that's ever had any trouble with their radio or tele-
vision set that we've almost lost sight of what ~e man applied
for. What he applied for was permission for a radio~ and T'~V.
tower over 18' in height. I think we have frequently explained
here that this Board is not expert as to what does or does not
ca~se interference on television and r~dio reception, nor would
you find, probably, that anybody knows all of the answers.
However, we do have a communication, you will recall that we had
ask:ed the Federal Communications Commission for their opinion
particularly as to height and its effect on local reception in
an area where a transmitting tower is higher than a house or than
the normal surroundings. We have received a letter from the FCC
which I'll read in part. We wrote to them on August 12th and
told them about this application.
(The Chairman read the August 12, 1977, letter from the
Board to the Federal Communications Commission. The
Chairman also read September 27, 1977, letter from the
FCC which stated, in short, that the higher the tower,
the less interference %he radio would cause with tele-
visions, telephones, etc.)
Southold Town Board of Appeals
October 13, 1977
That is the letter from the FCC. In addition, I've
received another three or four page letter from Mr. Bartra.
(The Chairman read the October 10, 1977, letter to
the Board from Gustav Bartra.)
I'd like to say that we have gone into this at great
length because of considerable interest here and we've had
several times larger attendances than are here tonight in
connection with this. We're not expert on it. I think that
Mr. Bartra has leaned over backwards in attempting to help
both our ignorance and people who have television sets who
may not know too much about it. You also have heard what the
FCC says, that the higher the antenna the less local inter-
ference. Now, is there anyone else that wants bo say anything,
I'm not sure that, if you have further complaints, that we can
do anything about them. As a matter of fact, at the last
hearing, we learned that some people apparently confused the
time element when they complained about interference from Mr.
Bartra and Mr. Bartra had already sold his set. We won't be
able to solve all problems, but I think we have something to
suggest for this one, if nobody wants to speak for or against
it. AnFone have anything to say about this?
MARGARET DRAPE: Sir, I'm only interested in sitting down
at night and having a good picture. I don't care what he puts
Up~ I want to sit down and relax. I don't want to hear a lot
of ~rbhge on there where he's talking to people, if it is him.
NOWlthat's all I want. I don't care what FCc or anybody says.
That's all a man wants when he comes home at night, to sit down
and relax. He doesn't want to hear a lot of garbage. He buys
a set, he wants it to work,. I don't care if it's a small one,
he can't afford a big one, but he wants a good picture, don'~
you?
THE CHAIRMAN: How far away are you from Mr. Bartra?
MARGARET DRAPE: Well, we're down ... I tell you the truth,
I don't care~how high he puts it or if he takes it down, but I
want to be assured of a good picture tha~ I can have all the time.
I don't want him talking to somebody, I don't care if it's not
him, if it's somebody else ...
MRS. CANNONE: It is him because he speaks in Spanish.
MARGARET DRAPE: I don't care who it is, I just want my
picture to be clear, I don't want it interfered with. I'm
not against any people, personally, I don't care what he does.
THE CHAIRMAN: When was the last time you had interference?
MARGARET DRAPE: It was just about before your other meeting,
I was to the Republican ClUb, I wasn't here. About a month ago.
Southold Town Board~.of Appeals
-7-
October 13, 1977
ROBERT BERGEN: How was your reception tonight between six
and seven?
MARGARET DRAPE: The station we get came in pretty good,
I will say that lately I haven't had too much trouble.
THE CHAIRMAN: The first meeting on this was August 4,
1977, and you apparently missed the September 15 ...
MARGARET DRAPE: I wasn't here on August 4th and I think
there was one about a month ago, I was across the street in
the Republican Club, we had a meeting.
THE CHAIRMAN: September 15th, lust before that you had ...
MARGARET DRAPE: Before that we had, not every station ...
THE CHAIRMAN: Excuse me, I'd like to ask Mr. Bartra a
question now. When did you sell your set, did you ever look
that up?
GUSTAV BARTRA: It was around three months before the last
hearing.
THE CHAIRMAN: Three months before September 15th, somewhere
around June 15th was the last time that you used the transmitting
set from your property, is that correct?
GUSTAV BARTRA: Yes, that's correct. I would also.like to
p~int out'~that two days ago I was talking to Mr. Laro on the
~iephone and the interference on Channeis 2, 4, and 5 Was
~noun~ed. It was almost inpossible to watCh ~he picture on
~i 4, and 5. i called Mrs, Drapeand she said she ~a~ Watching
t~e ~or~d Series and she didn't want to change the chan~ei be-
cause she was watching the World Series. I said to her that
the reception on those channels was terrible, she didn't care
because she was watching 8. I also told her that if she ever
had any interference an8 she was snre that it was causedi~by~either
a CB radio, a police radio, or a ham radio amateur, that you could
purchase ... here I have a s~mple of a filter which is worth $1.99
to. protect, against any CB radio, itl says here, "Su· ppresses TV
pzcture interference caused by neon Signs, fluorescent lights,
auto ignition, airplanes, appliances, amateur radio transmitters,
m~dical and X-ray equipment, etc." You Can get it at Radio~
Shack for $1.99.
ROBERT BERGEN: Isn't it so that 2 is a closed channel,
you're nou supposed to get it out here.
GUSTAV BARTRA: 2 is a channel from the city.
ROBERT BERGEN: It comes through on 12 but you can't get it
on 2, at least I can't.
Southold Town Board of Appeals
October 13, 1977
PETER MAIONE: I get it on 2, I'm right behind him. I get
2, 11, 13, all of them I get. The top of my antenna don't even
reach his cellar, that's how high he is above me. I can'% see
why he's got to have a 50' antenna.
ROBERT BERGEN: On my set, I couldn't get anything between
six and seven tonight, the reception was terrible. ~nd I have
Cable.
GUSTAV BARTRA: I was talking to Mr. Laro, who is a
neighbor too, and the reception was terrible on Channels 2,
4, and 5, on Tuesday evening.
PETER MAIONE: Maybe we had an eclipse on Tuesday.
THE CHAIRMAN: I think we ought to blame it all on Mr.
Bartra, he hasn't had a set since June 15th. I think what
we're getting into here is a crank session on everybody
that has trouble with their television. We can't solve it
here and I don't think Mr. Bartra can solve it, he's made a
few suggestions.
PETER MAIONE: I've got a few suggestions here, he's got
his guy wires running all over the place over there to hold
up the tower he's got now~ Now if he's going up high, where's
he going to run his guy wires?
GUSTAV BARTRA: It's a free-standing tower.
THE CHAIRMAN: If Mr. Bartra is granted a tower, it will
have to be in the rear yard, but it seems to me from all the
evidence that I've heard here from the FCC and what little I've
read about it, that the higher the transmitting set the better..
We'll probably give him a high tower and a year to, we'll review
it in a year. Is there anybody else who has anything to say?
PETER ~AIONE: I'd still like to dwell on that subject ...
THE CHAIP~4AN: Well, I think you've had quite a little time,
sir, and we'll give this lady a chance.
JEAN COOPER: I live two houses down from Gus Bartra. I'd
like t0 say something about, if he is going to construct a tower
.~his~back_yard, to watch where he puts his guy wi~es. My son
was running across his back yard one day and cut his throat from
one side to the other. Right now his guy wires are running in
my father-in-law's farm where my children play. I don't feel
it's safe.
GUSTAV BARTRA: The new tower won't have any guy wires.
The guy wires were taped with paper that you could see.
JEAN COOPER: They were taped with paper the day after he
was cut because I went over there myself. Then you had white
Southold Town Board of Appeals
October 13, 1977
rags running down that guy wire the next day. But the day he
was cut I walked over and there was nothing. You can't see
that wire when you're running, and I don't think it's safe
for children.
GUSTAV BARTRA: The new tower won't have the guy wires.
JEAN COOPER: Why do you have guy wires on this one then?
GUSTAV BARTRA: Why? Because t~is tower requires guy
wires, it's not as strong as the new one.
THE CHAIRMAN: OK, that's enough. You wanted to say
something now?
PETER MAIONE: I wanted to say something about the new
tower. It's going to be free standing, how high, is there
no limit ~n it?
THE CHAIRMAN: I think he says here in his revised letter
that ... what was the height you want now?
GUSTAV BARTRA: I would like to go up as high as possible.
However, if there is a limitation I would go up to whatever
the limitation is, which I think is what, 65'?
THE CHAIRMAN: The standard accessory structure height,
without a variance, is 18', but all over the Town we have
created higher, sometimes they want 45, 50', 60' .~.
GUSTAV BARTRA: Being at 80', I found that we need at
least 50' So this new tower is 50'
THE ~HAIRMAN: Lets keep it at that then. We're talking
about 50' That's the answer to that question, without guy
wires. We've had several of those in the Town and they're
very successful.
MRS. CA~NONE: I wrote a letter dated July 7~h~.and I
believe it's on file. I own the property directly~a~]oining
Mr. Bartra's property. We intend to build our home there
Within the next year or sol Now, I don't know at this point,
having a 50' tower with the winds up on that hill, how it
would affect any home that I would build there.
THE CHAIRMAN: How wide is your lot?
GUSTAV BARTRA: 150'. This tower would be located ap-
proximately in the middle.
THE CHAIRMAN: If it's in the middle it'll fall on his
own land.
Sou%hold Town Board of Appeals
October 13, 1977
MRS. CANNONE: The other thing I want to ~ing out is the
fact that where he now has those wires, those side wires., we
had a storm on AUgUSt 22nd where one of the ladies staying at
the bungalows was hit by lightning. His wires now go over onto
the farm and up very close to telephone lines and electrical
wires. I understand, I don't know for certain, but I understand
from his own children, well they are children, that his tele-
vision was burnt out that same day. I don't know what effect
future wires of any kind or having an antenna there is going
to act as a beacon attracting lightning to that area. We have
a letter on file here from FCC who claims that by going up
so many feet there's less interference and what ha~e you, rather
than having a low tower. Well, here's all these people who have
television and who have audio distortion and this lady said she
wasn't sure it was him, but I'm positive it's him because Mr.
Bartra speaks in Peruvian Spanish or what have you and his voice
comes over loud and clear. I ca~led him on occasion because I
could recognize his voice, and I said, "Gus, is that you?" and
he said, "Yes."
THE CHAIRMAN: You're talking now about something that
happened before June 15th because that's when the transmitting
set left his home.
MRS. CDOPER: That did not leave his home June 15th, he
told my b~other~in-law it was hit by lightning which was in
August.
THE CHAIRMAN: Is that correct?
GUSTAV BARTRA: The lightning that we had was not a direct
hit, the lightning we had was a hit on the power lines or
telephone lines ...
MRS. CANNONE: It was not the power lines, there was no
electricity that day, it was the telephone lines.
THE CHAIRMAN: Just a minute. Rather than have a brawl
here, you answer a question now. You're talking about lightning
that struck last August. Did you have a transmitting set in
your house at that time?
GUSTAV BARTRA: No, sir.
THE CHAIRMAN: When did you sell it?
GUSTAV BARTRA: The transmitting set was sold, as I said,
around three months from the time of the last hearing.
THE CHAIRMAN: It was sold but had it left your home?
GUSTAV BARTRA: Yes.
Southold Town Board of Appeals
October 13, 1977
THE CHAIRMAN: It was not physically on the premises?
GUSTAV BARTRA: That's correct.
THE CHAIRMAN: OK, that's one point. You can go on about
lightning if you want.
GUSTAV BARTRA: It is a well-known fact that in order to
protect yourself from lightning, since we are on a hill, the
best protectioniis a lightning rod. The higher you are, the
more protected you are from lightning, rwhere~r~you go, it's
a big business in this country, the lightning industry ...
THE CHAIRMAN: We know about that. Is there anything
else you'd like to add?
GUSTAV BARTRA: The only other thing I was going to say
is that three years ago I had a c~ll from Mrs. Cannone to go
and repair a refrigerator that, she had a tenant that got a
severe shock. I went to the premises and I found out that
the wiring was so old that it was touching the casing of the
refrigeratOr. I told her the best thing to do would be to
dispose of the refrigerator and buy a used one.
MRS. CANNONE: Which we did.
THE CHAIRMAN: We can't go over all the household problems
in Mattituck.
GUSTAV BARTRA: This is directly related to lightning. It
is well known+%~i%hat if there is a faulty appliance like that which
is completely hot, which was the case of this appliance, lightning
will go directly to that appliance. That lady that got hit had
a mark on her back ...
THE CHAIRMAN: I can't dispute anything about lightning.
Anyone else have something other than lightning?
PETER MAIONE: I wanted to make a point about the new
tower. Has anybody examined his land?
THE CHAIRMAN: Yes, we were up there.
PETER MAIONE: If he puts a 50' tower in the backyyard,
it isn't going to ~lear his roof. His back yard has a severe
slope there, so if he puts it in his back yard it isn't going
to clear his roof 50', so I think he has ulterior motives to
put a windmill up there.
THE CHAIRMAN: What of it?
PETER MAIONE: That makes a lot of noise, he wants to make
electricity for himself.
Southold Town Board of Appeals
October 13, 1977
GUSTAV BARTRA: You were all at the meeting against the
~uclear power. Couldn't you at least try to help somebody
trying to generate power?
THE CHAIRMAN: Now, if you're granted a 50' tower, I'd
like to know exactly what you're going to put on it.
GUSTAV BARTRA: My ham radio antennas and my TV antennas.
This is a very sturdy tower with a ladder on the side. It is
made out of steel and the base if 12' square.
THE CHAIRMAN: A 12' square, free standing steel tower
with a ladder and it's going to have only your ham radio
transmission equipment antennas on,it and your television
antennas, which include ...
GUSTAV BARTRA: My television antennas include three
antennas.
THE CHAIRMAN: See, somebody~s going to say you,ve got
radar or something if you have three or four antennas. We
want to know exactly how many antennas you're going to put
on the tower.
GUSTAV BARTRA: Two fok ham radio and three for television.
THE CHAIRMAN: Five. OK, that's enough, you've answered.
Anyone else have any remarks?
JEAN COOPER: Is it true he will need a light on that
antenna?
THE CHAIRMAN: No.
JEAN COOPER: A Southold Town cop told me over a certain
amount of feet tall you need a light on it.
THE CHAIRMAN: I think it's 200' Either 100' or 200'.
PETER MALONE: Is there any limit on the height?
THE CHAIRMAN: Yes, 50'
GUSTAV BARTRA: I would like to ask that if any neighbor,
if they definitely feel that, whether they have an old set that
wasn't fitted with this protection, I would very gladly take
down the name, ~our address and write the manufacturer of your
set and you will all get a free filter.
JEAN COOPER: Are these antennas in the front yard-coming
down, both antennas?
Southold Town Board of Appeals
October 13, 1977
THE CHAIRMAN: Yes.
to propose a resolution.
do this?
We have 15 more hearings, I'm going
How long is it going to take you to
GUSTAV BARTRA: As soon as I have time.
THE CHAIRMAN: Two weeks?
GUSTAV BARTRA: Could you give me more?
THE CHAIRMAN: We'll give you three weeks, this has been
a lot of trouble for a lot of people including me. We've got
15 more hearings now. This is one 6f 20 tonight.
(The Chairman offered a resolution.)
GEORGE STIFTER: I just want to say one thing, sir. I
have an antenna on my roof that's 20' high. On that antenna
I have a rotar and I also have a booster. I get every channel
that comes into our area, 2 through 13. It's only 20' high.
I don't need 150' to get television reception.
THE CHAIRMAN: How far are you away from Mr. Bartra?
GEORGE STIFTER: I'm about a quarter of a mile away from
him.
THE CHAIRMAN: Are you higher or lower?
GEORGE STIFTER: Well, I don't know, he's by Cooper's
farm and I'm about abreast with Cooper's farm. I don't know
how far up he is on the farm.
THE CHAIRMAN: And you haven't had any interference all
year?
GEORGE STIFTER: Oh yes.
THE CHAIRMAN: When did you have interference?
GEORGE STIFTER: I think the last meeting we were here,
in September, I think if you look in your records you'll find
out ~hat I made a request to LILCO beCaUse I w~ t~ ~ ~
service man that LiLCO had faulty transformers an~ ~hsy~t°~d
me they wou~d check into it and if they ~ound any faulty trans-
formers they would let me know. I never heard from them so I
assume that their transformers are OK in our area. Whatever
happened to the conditions that we were getting distortion on
our television set with all that I had on my roof, there must
have been something wrong in that area and I assume that it was
tAis gentleman's antenna that was up there. That's all I can
say at this time.
Southold Town Board of Appeals
October 13, 1977
After investigation~and inspection, the Board findS~t
the applicant requests permission to construct radio and T~
tower exceeding maximum height, right-of-way, east side Break-
water Road, Mattituck, New York. The findings of the Board
are that the Board received testimony, including letters from
local Mattituck residents and the applicant as well as a letter
from the Federal Communications Commission, on three occasions
before reaching a decision August 4, September 15, and
October 13, 1977. Most of the letters and testimony referred
to interference to television reception alleged to have been
caused by the applicant. Some of this testimony was invali-
dated by the fact that Mr. Bartra had disposed of his short
wave transmission set last June. The applicant has constructed
two towers with guy wires in his front yard area in exoess of
the per~Litted height of 18'. The Board~notes that it is not
competent to assess the causes of interference° We have also
noted a severe accident to a child running into a guy wire.
The FCC letter indicates that, in general, the trans-
missionof short wave signals from a high tower causes less
local interference than similar transmission from a lower
tower. We also find that Mr. Bartra has made a considerable
effort to assist his neighbors to find the causes of poor re-
ception on their television~sets which are served by individual
aerials in an area where hills to the west reach a height of
160' and tend to make reception difficult. We are a.tso aware
of the contributions short wave transmission can make in emer-
gencies, and that the applicant has ordered a new short wave
transmission set and free-standing tower. In view of the un-
usual and unique nature of the circumstances, the Board finds
that the following resolution will make the tower arrangement
more compatible to and safer for the area.
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. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Gustav Bartra, 227E Breakwater Ro~d, Mattituck,
New YOrk, be GRANTED permission to construct a free-standing
tower exceeding maximum height, right-of-way, east side Break-
water Road, Mattituck, New York, subject to the following
conditions:
Ail towers in the front yard must be removed within
60 days.
Southold Town Board of Appeals -15- October 13, 1977
A 50' free-standing tower (no guy wires) may be con-
structed in the rear yard area at least 50' from any
property line.
The following transmitting and receiving antennas may
be placed on the tower so constructed: no more than
two (2) ham radio transmission antennas and no more
than three (3) television reception antennas.
4. This application shall be reviewed in October, 1978.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, ~oyen.
PUBLIC HEARING: Appeal No. 2345 - 8:35 P.M.-(E.D.S.T.)
upon application 0f Athanas Zamphiroff, Second ~reet, New
Suffolk, New York (Abigail Wickham, Esq.) for a variance in
accordance with the Zoning Ordinance, Article XI, Section
100-118, Article III, Section 100-30, and Bulk Schedule for
permission to construct addition with insufficient setback.
Location of property: South side Second Street-at Main Street,
New Suffolk, New York, bounded on the north by Julius Kinczel;
east by W. White; south by Main Street; west by Second Street.
The Chairman opened the hearing by reading the application
for a variance, disapprOval from the Building Inspector, and
statement from the Town Clerk that notification by certified
mail had been made to: Julius Kinczel; Mr. and Mrs. W. E.
White. Fee paid - $15.00.
THE CHAIRMAN: This is one of four cottages on a quarter
acre of land on which the applicant wishes to add 8'. Is
there anyone who wishes to speak for this application?
ABIGAIL WICKHAM, ESQ.: I'd like to support the application
for the reasons stated.
ROBERT BERGEN: Is this the first one to be winterized?
ABIGAIL WICKHAM, ESQ.: It's the only one. They're summer
bungalows, he just wants this one.
ROBERT BERGEN: I think we'll put that in the action, that
this will be the only one that we will allow to be winterized
on that parcel.
ABIGAIL WICKHAM~ ESQ.: I don't think he wants to winterize
any others but if he could do it without extending them ...
ROBERT BERGEN: It's a small parcel, we can't have it
continuing.
Southold Town Board of Appeals
-16-
October 13, 1977
ABIGAIL WICKHAM, ESQ.: He just wants to live in that
one.
THE CHAIRMAN: This is four times the density of the
original ordinance, 16 to the acre density. I think that's
a good provision because, inevitably, all the summer houses
out kere will eventually be winterized, except maybe for very
rare exceptions.
CHARLES GRIGONIS, JR.: Is there any way we can prevent
it if they just do the work on the inside, we'd never even
know it.
THE CHAIRMAN: W~ can prevent any addition.
ABIGAIL WICKHAM, ESQ.: You couldn't winterize them without
an addition.
ROBERT BERGEN: They're on posts, they're not on a
foundation or anything.
THE CHAIRMAN: Some of these are on posts, I don't know
about this particular one.
ABIGAIL WICKHAM, ESQ.: It doesn't have a basement, he
would put a basement underneath the addition.
THE CHAIRMAN: Just under the addition?
ABIGAIL WICKHAM, ESQ.: I believe so.
THE CHAIRMAN: Mr. Zamphiroff owns all four of these, the
whole property. Any other questions? Anyone wish to speak
against this application?
(There was no response.)
After investigation and inspection, the Board finds that
the applicant requests permission to construct addition with
insufficient setback, south side Second Street at Main Street,
New Suffolk, New York. The findings of the Board are that the
Board is in agreement with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hard~hip;
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. Grigonis, it was
Southold Town Board of Appeals
-17-
October 13, 1977
RESOLVED, Athanas Za~phiroff, Second Street, New Suffolk,
New York, be GRANTED permission to construct addition with
insufficient setback, south side Second Street at~a~reet,
New Suffolk, New York, as applied for, subject to"~=~he~ foltowing
condition:
There shall be no further enlargement of the remaining
bungalows on this property for purposes of winterizing.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
Appeal No. 2336, Norman A. Reilly & Sons a/c Vernon Ach,
Reydon Shores, Southold, New York, which was scheduled for
8:25 P.M. was withdrawn by the applicant.
PUBLIC HEARING: Appeal No. 2337 - 8:45 P.M. (E.D.S.T.)
pon application of William J. Schonewald, Box 23 A Route 1,
ells ~ad, Mattituck, New York for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-30 and
Bulk Schedule for permission to divide property amd construct
dwelling on lot with insufficient width and area. Location of
property: East side Bray Avenue, Laurel, Hew York, bounded on
the north by other land of applicant; east by now or formerly
Relyea; south by now or formerly D. Butterfield; w~st by
Bray Avenue.
The Chairman opened the hearing by reading the application
for a variance, disapproval from the Building Inspector, and
statement from the Town Clerk that notification by certified
mail had been made to: Dorothy Butterfield; Clarence Barry;
Andrea Relyea. Fee paid - $15.00.
THE CHAIRMAN: The area of Bray Avenue on which the
applicant owns two 50' lots which are adjacent to ~e~h ~her,
Lots 9 and 10. The property is on the east side of the road,
an a~ea which has mostly 100' lots, a few 150' lotS, two 75'
lots, one 200' lot, ~12 is an unusually long lot, apparently
length compensating for the lack of width. Across the street,
Bray Avenue is composed of a great many 50' lots, one 75',
one 100',~and a couple of 200' lots. Is there anyone present
who wish~s to speak for this application?
WIllIAM SCHONEWALD: I'm the applicant.
THE CHAIRMAN: These were bought at separate times?
WILLIAM SCHONEWALD: Yes, three years apart.
Southold Town Board of Appeals
October 13, 1977
THE CHAIRMAN: That doesn't help us because it merely
indicates the circumstances of how you acquired the lots.
In the old days, some people had 20' lots, they'd buy six
or eight of them. The number of lots and when you acquired
them, as far as Zoning is concerned when it comes to deter-
mining the size of the lot, are disregarded. Anybody who
owns continguous property is considered to own the whole piece.
Part of our problem in dividing this one is that most of the
lots in your block are 100' or 75'
WILLIAM SCHONEWALD: Are you considering my block Bray
Avenue?
THE CHAIRMAN: It's never been decided what constitutes
a neighborhood and this is in your favor. Across the street
are a great many more 50' lots than there are in your parti-
cular_block, on your side. Now, one of the things that would
happen here if this were granted is, could happen, is that
the people with 100' lots who may have located their houses
on one side of the lot or the other woutd come in and want to
divide their lot. We'd be setting a precedent that would, in
fact, deteriorate the neighborhood by increasing the density
substantially. There's eight lots in the block that are 100',
there's one that's 200', there are two that are 75', and a
couple of other lots of odd sizes. Do you have any information
on the location of the houses on these other lots, would it be
possible for these people to come in and ... You apparently in
all good faith built your house on one 50' lot.
MRS. SCHONEWALD: That's all we had at the time.
THE CHAIRMAN: How about the other people? Did they buy
two lots, I'm not sure how t~is place developed.
WILLIAM SCHONEWALD: I don't know, that was never a filed
map at the time. Mr. Terry couldn't give me a number of any-
thing. I have the deeds with me.
THE CHAIRMAN: They won't help us.
WILLIAM SCHONEWALD: I bought this in 1957. The other lot
I bought in 1954. I would have liked to have bought this one
but, as I said, Mrs. Tuthill was selling 50' lots. There were
bungalows at the time, those houses next to me, I don't believe
any more were bUilt until later on.
THE CHAIRMAN: How about the house immediately to the
north of you, is that in the middle of the lot? Lot ~8,
100' by 160'.
WILLIAM SCHONEWALD: Lot to the north?
Southold Town Board of Appeals
October 13, 1977
THE CHAIRMAN: How about the lot toward the Bay? Is
tkat house in the middle?
WILLIAM SCHONEWALD: Yes, that's Butterfield.
THE CHAIRMAN: How about the lot opposite Mrs. Butterfield
on the other side~
WILLIAM SCHONEWALD: That's the one that I own with the
house on it.
THE CHAIRMAN: How about ~87
WILLIAM SCHONEWALD: ~8 is built on, I guess, that's a
75'?
THE CHAIRMAN: That's 100' and then there's a 75', two
75's on the other side of that.
(There was further discussion of the area.)
I've done all the talking, what about the rest of the
Board, what do they think about this? The point being made
here is that there are no 50' lots in this particular block.
BUt we don't know what constitutes a neighborhood, there is
no definition. For our gen )oses we've used an area
of 500'. If you use that, iAimate, you certainly
could go across the street, are many 50' lots across
the street.
WILLIAM SCHONEWALD: Across the street are two houses
on 50' by 150' lots. They have been converted to year-round
homes. I don't know, Mrs. Tuthill must have owned all of
that.
CHARLES GRIGONIS, JR.: I would be inclined to say that
a neighborhood includes both sides of the street.
THE CHAIRMAN: You understand our point here.
WILLIAM SCHONEWALD: I understand your point, I live on
the next block, I have a year-round home on Wells Road. I
have 150', three lots.
THE CHAIRMAN: There have been other areas in the Town
which look similarly deceptive on a map, for instance 400'
or 500' lots which are only about 100' wide, or 800' long,
where the applicant wants to sell off but it's not wide
enough for a standard lot under modern zoning. Particularly
on Pe¢onic Bay Boulevard, a lot of its been don~e there. Some
of the actions we took down there certainly set up a precedent
because as soon as one guy did it then the next guy did it.
I don't question your motives in buying these, you bought them
Southold Town Board of Appeals
October 13, 1977
in '54 and '57, before zoning. Zoning came in in 1957r Anyone
wish to speak against this application?
(There was no response.)
WILLIAM SCHONEWALD: I'd like to say one more thing. This
is my daughter that's getting married, I'm not selling this,
I don't want the variance so I can sell it to somebody and make
money on it. In the last four years, I~ve had at least 20
calls from local real estate people offering me between $8,000
and $10,000 for the lot with no questions asked.
THE CHAIRMAN: But you couldn't divide it off without a
variance.
WILLIAM SCHONEWALD: Yes, I could sell it to them
legitimately because I have a Separate deed for it.
THE CHAIRMAN: No, not unless you came here.
ROBERT BERGEN: You'd have to do the same thing you're
doing now.
WILLIAM SCHONEWALD: Well, they didn't tell me anything
like this, I just thought I'd mention this, I'm not asking
for a variance to ...
THE CHAIRMAN: I understand that but what we're concerned
with is density.
After investigation and inspection, the Board finds that
the applicant requests permission to divide property and con-
struct dwelling on lot with insufficient width and area, east
side Bray AvenUe, Laurel, New York. The findings of the Board are
the position of the houses on the lots in that block, as far as
can be determined, and the fact that Mr. Schonewald bought these
tots before Zoning legitimately believing he had two lots,
should ha~e some bearing on this application. Also, practically
all of the lots across the street are 50' lots.
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 tha variance will not change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
On motion by Mr. Grigonis, seconded by Mr. Bergen, it was
RESOLVED, William J. Schonewald, Box 23 A Route 1, Wells
Road, Mattituck, New York be GRANTED permission to divide
Southold Town Board of Appeals
-21-
October 13, 1977
property and construct dwelling on lot with insufficient width
and area, east side Bray Avenue, Laurel, New York, as applied
for.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, ~oyen.
PUBLIC HEARING: Appeal No. 2335 - 9:00 P.M. (E.D.S.T.)
upon application of Hon. Joseph R. Corso, 360 Adams Street,
Brooklyn, New York for a variance in accordance with the
Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule for permission to construct addition with insuffi-
cient side-yard setback. Location~3of property: Lupton Point
Road, Mattituck, New York, bounded on the north by Lupron
Point Road; east by J. Vatenti; south by Deep Hole Creek;
west by P. Phoel.
The Chairman opened the hearing by reading ths~-application
for a variance, disapproval from the Building Inspector, and
statement from the Town Clerk that notification by certified
mail had been made to: Hon. & Mrs. John Valenti; Mr. and Mrs.
Phil Phoel. Fee paid - $15.00.
THE CHAIRMAN: The County tax map indicates that the
applicant owns two lots, ~17 and 18, certainly with more than
adequate width, and that the mistake as to where the builder
located the house was not caused by the small size of the lot.
It appears to 'be-~almost 200' and 240' in depth. Is there
anyone present who wishes to speak for this application?
(There was no response.)
Anyone wish to speak against this application?
(There was no response.)
I think, myself, that this is a reasonable request. The
house, it appeared to me that the house immediately to the east
ts less than 15' from the side line so this would not be un-
usual for the neighborhood.
After investigation and inspection, the Board finds that
the applicant requests permission to construct addition with
insufficient side-yard setback, Lupton Point Road, Mattituck,
New York. The findings of the Board are that the Board is in
agreement with the r~asoning 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
Southold Town Board of Appeals
October 13, 1977
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. Grigonis, seconded by Mr. Bergen, it was
RESOLVED, Hon. Joseph R. Corso, 360 Adams Street, Brooklyn,
New York, be GRANTED permission to construct addition with in-
sufficient side-yard setback, Lupton Point Road, Mattituck, New
York, as applied for.
Vote of the Board: Ayes:
Grigonis, Doyen.
Messrs: Gillispie, Bergen, Hulse,
PUBLIC HEARING: Appeal No. 2334 - 9:05 P.M. (E.D.S.T.)
upon application of Stanley J. Zultoski c/o Frederick J.
Tedeschi, Esq., 403 Main Road, Greenport, New York 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 prop-
erty: east side Rocky Point Road, East Marion, New York,
bounded on the north by S. Fourskaris & ors; east by C. Dinas
& ors; south by C. Peters' west by Rockly Point Road.
The Chairman opened the hearing by reading the application
for a variance, disapproval from the Building Inpsector, and
statement from~he Town Clerk that notification by certified
mail had been made to: Spiros Fourskaris & ors; George C.
Dinas & ors; Chris Peters. Fee paid - $15.00.
THE CHAIRMAN: The County tax map indicates that what
he applicant Says is true. There are a numberof smaller
0ts ~n the area. Directly to the north, it's irregularly
developed as to size of lot, there are three lots that will
be n~oWer than this, Lots 1, 2, and 3 on the.same Side of
the street. Lot 4 is larger, Lot 5 is larger, Lot 9 in back
of them is 2 acres, Lot 7 which adjoin~ Lot 6 is 110' by
~55', Lot 8 is 92' on one end, 160' on the other~ Further
down are three lots of 100' by 120', approximately. Is there
anyone present who wishes to speak for this application? The
propQsai is to divide one lot, one would become 15,000 sq. ft.
and the other would become 16,525 sq. ft. Is there anyone
who wishes to speak for this application beyond what ha~ been
stated here?
~REDERICK TEDESCHI, ESQ.: In reading the overall map
yom'ye given all the arguments that I would have given so I
will not repeat. I respectfully ask your consideration. I
do not believe that this will be any down-zoning involved
here bec~se the area is, as the Chairman pointed out, divided
Southold Town Board of Appeals
October 13, 1977
into 100' lots, 110', many of 50', 40', 80', 60' if we go
further south. I respectfully ask for a favorable consideration.
THE CHAIRMAN: Anyone else wish to add anything to this?
Anyone wish to speak against this application?
(There was no~.~response.)
I might say that in the work I do at the County, we
occasionally run into some quite small lots for development~
in some of the other easterly towns.
(The Chairman discussed similar cases.)
After investigation and inspection, the Board finds~that
the applicant requests permission to divide property with in-
sufficient width and area, east side Rocky Point Road, East
Marion, New York. The findings of the Board are that the Board
is in agreement 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
an the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of
the 0~dinance.
On motion by Mr. Hulse, seconded by Mr. Grigonis, it was
RESOLVED, Stanley J. Zultoski c/o Frederick J. Tedeschi,
Esq., 403 Main Street, Greenport, New York be GRANTED per-
mission to divide property with insufficient width and area,
east side Rocky Point Road, East Marion, New York, as applied
for.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
Mrs. George Stankevich appeared regarding the Caridi
~ppeal. She stated that her husband, who represented the
Caridis, was held up in court awaiting a verdict and asked
if the hearing could be postponed until later in the evening.
Mrs. Caridi asked if the matter could be heard as scheduled
as both they and their neighbors were present. The Chairman
stated that he didn't think it was necessary for Mr. Stankevich
to be present and opened the hearing.
PUBLIC HEARING: Appeal No. 2340 - 9:15 P.M. (E.D.S.T.)
upon application of Salvatore and Angelina Caridi, Kouroi~'s,~
Southold Town Board of Appeals
October 13, 1977
Road, New Suffolk, New York 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: South side Knuro's
Road, New Suffolk, New York, bounded on the north by Kouro"s
ROad~ east, south, and west by O. Kouros.
The Chairman opened the hearing by reading the'application
for a variance, disapproval from the Building Inspector, and
statement from the Town Clerk that notification by certified
mail had been made to: Olympia Kouros; Joseph Arena. 'Fee
paid - $15.00.
VINCENT GLEASON: I live down the road about 70' from the
corner of their property. We didn't get a notice of anything,
it is in the Watchman, I saw it tonight. I goofed when the
paper came out on the 6th. I found out tonight the meeting
was on. The only question we have, we understand the Caridis
have about 190' of property, they want to put that into two
lots of about 94.5' each.
THE CHAIRMAN: I think you can go into this a few minutes
later where you'll have a change to speak if you have a question
or object to
(The Chairman finished reading the application.)
The propeZty in question refers to Lots 18 and 19 which
adjoin what is called a "paper street" of 50' which will never
be developed, pro~ably. Actually, I think that paper street
has become p~rt of one of the lots, hasn't it? So that in
effect, it has 189' on Kouros' Road and 190' at the rear and
it's approximately 256' deep on the westerly dimension and 266'
deep on the easterly dimension. Roughly, the area being
divided is about 52,000 sq. ft. and immediately to the west
of this paper street, on the westerly side of the paper street,
is a lot which is 100' by 154' Across the street are lots
which are 95'-by 187' To the east is a 1.2 acre lot. Lots
in the same block to the south on New Suffolk Avenue are 95'
by 170', 172' by 150' There's one large section of 5.3 acres
which has been subdivided into one-acre lots.
ROBERT BERGEN: As I understand it~ this man had two lots.
When paper street was done away with, he has a lot inside that
he can't get to unless he changes th'e dividing line of his lot,
correct? By dividing it the other way.
THE CHAIRMAN: Right. Is there anyone present who wishes to
speak for this application?
ANGELINA CARIDI: We do have a hardship with such a $ig
lot on which we can't do nothing. It's way too much for us.
Southold Town Board of Appeals
October 13, 1977
We-'have a house on it which costs us a lot of money to maintain
and we see no reason why, we are the only ones who have such a
big lot while all the other neighbors have small lots.
THE CHAIRMAN: Some do and some don't. It's a varied
nezghborhood.
ANGELINA CARIDI: When we originally bought the lot, there
were two lots. We were not familiar with the Zoning, we were
not farailiar with the regulations of the Town and nobody
advised us of the situation. Had they done so, we would have
left the lots ...
THE CHAIRMAN: Let th~ buyer beware. Is there anybody
else?
MRS. CAMPBELL: Why has the Zoning Board made such
discrepancies in the Zoning? Most of the lots are 100' by
200' whereas my lot is 100' by 154'. I was told when I
bought it that it was 200' deep. Therefore, when I built
the house in December of '69, I found out I had only 154' on
one corner and 148' on the other corner. My house planning
had to be changed. Instead of putting a room farther back, I
had to put it on the side. Therefore, my house has very little
space between the neighbors and I on either side. There was
supposed to be a "paper road" I hear you call it there. This
was Mrs. Kouros'
THE CHAIRMAN: What's your~tat number, do you know? 177
Are you on Kouros' Road?
MRS. CAMPBELL: Yes.
THE CHAIRMAN: Directly to the west of Mrs. Caridi's lot?
MRS. CAMPBELL: That is correct.
THE CHAIRMAN: With the paper street in between. You're
asking why the Board created that size lot? We didn't ...
MRS. CAMPBELL: I asked Mrs. Kouros what happened to the
200' and she said the Zoning Board did that so t~at's why I'm
making this statement.
THE CHAIRMAN: No, we can't creaue streets.
MRS. CAMPBELL: The depth of the lot~ I meant.
THE CHAIRMAN: There are all sorts of varied sizes of lots
in the Town of Southold. When it started, Zoning wast it was
hard to persuade people to zone at all. The original lots were
12,500 sq. ft. The Board of Health forced the Town, eventually,
Southold Town Board of Appeals
October 13, 1977
into making lots larqer in subdivisions. Then it went to 20,000.
Then the Board of Health forced us, not that we haven't all
spoken for it, but politically it was unacceptable to keep on
enlarging the lots. We had water studies and all sorts of
things that indicated that this Town should not be more dense
than one-acre zoning. Finally we got up to one-acre lots,
40,000 sq. ft. This Board had nothing to do with it except
to sit in conference. We didn't make the laws. We're quasi-
judicial, very quasi.
MRS. CAMPBELL: Excuse me~ did Mrs. Kouros know that lot
was surveyed as such when she sold it?
THE CHAIRMAN: I wouldn't know. I don't know who would,
actually. Who else would like to speak?
VINCENT GLEASON: Do the Caridis own 189' right now?
THE CHAIRMAN: Yes.
VINCENT GLEASON: If that's the case, I live directly
across from Mrs. Campbell, if they're going to have a lot
of 94.5' and if they're going to be sold that way, not smaller
in size, we have no objection.
THE CHAIRMAN: Can you see this map here? I'm not
sure you're familiar with it.
(Board and Mr. Gleason discussed the property.)
MRS. CAMPBELL: I would say, sir, if anybody wants to
build on that lot across from me to the east, i~m west of
Mr. Caridi, I would object to having the house directly
across from mine. I don't want peop.~e looking into my bed-
room windows, I like privacy, and I'm crowded enough as it
is With the smaller lot. I would ask whoever it might be to
move further back.
THE CHAIRMAN: I tell you, I think the most successful way
to accomplish that would be to ask Mr. Caridi and not this Beard
because I don't think we could do it.
MRS. CAMPBELL: That's the only thing, otherwise I have
no objection.
ROBERT BERGEN: What's going to happen to that 50' paper
street there?
MRS. CAMPBELL: I do believe somebody else has that
p~operty now.
DAVID HORTON: I've entered into a contract with Mrs.
Kouros on that piece of property. I'm going to turn it into
a little orchard, that's my intention at any rate.
Southold Town Board Of Appeals
October 13, 1977
THE CHAIRMAN: The 50' paper street?
DAVID HORTON: Yes.
THE CHAIRMAN: Anyone else wish to speak? Anyone wish
to object to this application?
(There was no response.)
After investigation and znspection, the Board finds that
the applicants request permission to divide property with in-
sufficient width and area, south side Kouros' Road, New
Suffolk, New York. The findings of the Board are that the
Board is in agreement 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
Ehe Ordinance.
On motion by Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED, Salvatore and Angelina Caridi, Kouros' Road,
New Suffolk, New York, be GRANTED permission to divide prop-
erty with insufficient width and area, south side Kouros'
Road, New Suffolk, New York, as applied for.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
PUBLIC HEARING: Appeal No. 2341 - 9:30 P.M. (E.D.S.T.)
upon application of Paul Hunter, Main Bayview Road, Southold,
New ¥0~k for a variance in accordance with the Zoning Ordi~
nance, Article III, Section 100-32 for permission to construct
accessory building in front and side yard area. Location of
property: North Side Main Bayview Ro~d, Sou~hold, New York,
~ou~ded on the north by Highwood Subdivision; east by C.
Colombo; south by ~ay~iew Road; west by J. Krepp & wf.
The Chairman opened the hearing by reading the application
for a variance, disapproval from the Building Inspector, and
statement from the Town Clerk that notification by certified
mail had be~n made to: Dr. and Mrs. James Krepp~ Mr. and Mrs.
Charlels Col0mbo~ Mr. and Mrs. Roman Wilinski; Barbara Coyne;
Mr. and Mrs° AIf Tharaldsen. Fee paid - $15.00.
THE CHAIRMAN: The applicant is the owner of a lot 2.3
acres in size, and the~ou~building will be placed near Bayview
Road, 35' from Bayview Road, The house itself appears to be
Southold Town Board of Appeals
October 13, 1977
back a couple of hundred feet on a lot which is 492' degp on
one side and 412' on the other. Is there anyone who wishes
to speak for this application?
PAUL HUNTER: It's just as stated.
THE CHAIRMAN: Was that building from ...
PAUL HUNTER: Right in back.
THE CHAIRMAN: It has a historic value? Or did you just
buy it for a building.
PAUL HUNTER: Tottell you the truth!, I don't know its
history. It's been there for some time, I don't know how
long. It's going to serve as our utility building, we've
got a flower garden growing down that way. Also, I don't
know the exact distance, but Charlie Colombo is our next door
neighbor and he doesn't object, his whole ~house is closer to
the road than that building is. I feel I was prior to Zoning,
that's the only mitigating circumstances I can think of.
THE CHAIRMAN: Your own house is back a couple of hundred
feet, I guess, you can't see if from the road.
PAUL HUNTER: At least 200' back, yes, on a hill. We
now have neighbors who just built behind us on that new road.
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
the applicant requests permission to construct accessory
building in front and side yard area, North side Main B~yview
Road, $outhold, New York. The findings of the Board are.that
the Board is in agreement with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties ~ unnecessary hardship;
the hardship created is unique and would not be shared by all
propekt~es 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 observek~the spirit of
the Ordinance.
RESOLVED, Paul Hunter, Main Bayview Road, Southold, New
York be GRANTED permission to constr~ct accessory building in
front and side yard arear north side Main Bayview Road, Southold,
New York, as applied for, subject to the following condition:
Southold Town Board of Appeals
October 13, 1977
The outbuilding shall be no closer than 35' to
Main Bayv±ew Road.
Vote of the Board: Ayes:
Grigonis, Doyen.
Messrs: Gillispie, Bergen, Hulse,
PUBLIC HEARING: Appeal No. 2343 9:35 P.M. (E.D.S.T.)
upon application of Howard and Mary Larsen, 4660 Deep Hole
Drive, Mattituck, New York 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 and construct dwelling. Location of property:
East side Deep Hole Drive, Mattituck, New York, bounded on the
north by H. Frenicks; east by A. Suter; south by Mattituck
House Movers, Inc.; west by Deep Hole Drive.
The Chairman opened the hearing by reading the application
for a variance, disapproval from the Building Inspector, and
statement from the Town Clerk that notification by certified
mail had been made to: Mr.~and Mrs. H. Frenicks; Martin Suter;
Frank Zaleski. Fee paid - $15.00.
THE CHAIRMAN: The location of this property i~ off of
New Suffolk Avenue on Deep Hole Drive, south Of New Suffolk
Avenue, it's the second lot which is currently 200' wide by
132' deep. Next to it is a lot 154' by 125. To the north
is a 1.2 acre lot. Further south is one 135' by 142'. The
lots vary inTbize. Across the street they!re mostly 161' by
140', some are 130'. On New Suffolk Avenue they're 100' by
120'. Is there anyone present who wishes to speak for this
application?
HOWARD LARSEN: I originally built the Other house in
1970 and I put it on the north side with the intention of
building another house at a later date on the south side.
At that time there were two legal lots, I didn't realize
that Zoning changed at a later date. Our biggest mistake
was not hav~.n~two separate deeds on the property~ that's
what I was told anyway, in two different names.
THE CHAIRMAN: As far as Zoning is concerned, the prop-
erty is contiguously owned whenever you bought it~ Ithink
that a lot of times that's taken into consideration that that
did occur. The proposal here is to sell off the second lot?
HOWARD LARSEN: No, I'm going to build on it.
THE CHAIRMAN: You're going to keep both lots?
HOWARD LARSEN: We have no intention of selling it off.
Southold Town Board of Appeals
Octolber 13, 1977
THE CHAIRMAN: I see, you want two houses. Anyone present
who wishes to speak against this application?
(There was no response.)
When did you buy this?
MARY LARSEN: We bought it October 5, 1969. That's when
we put the deposit on it. Me closed on it in February, 1970.
THE CHAIRMAN: And you took the second lot a few days
later?
HOWARD LARSEN: Actually, we took it all at once. When
we closed it was on all. I paid for one lot and then I put
it up as collateral for a mortgage.
THE CHAIRMAN: Any questions? One question I ha~e is that
if you ever sold one of these houses that you propose to build,
the lot would have to be divided the way it's divided here in
this survey. In other words, you couldn't change the dimensions.
It's in an area of irregularly sized lots.
After investigation and inspection, the Board finds that
the applicant requests permission to divide property with in-
sufficient width and area and construct dwelling, east side
Deep Hole Drive, Mattituck, New York. The findings of the
Board%are that the Board is in agreement 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 ~icinity 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. Gillis~ie, seconded by Mr. Grigonis, it was
RESOLVED, Howard and Mary Larsen, 4660 Deep Hole Drive,
Mattituck, New York, be GRANTED permission to divide property
with insufficient width and area and construct dwelling, east
side Deep?~le Drive, Mattituck, New York, as applied for,
subject to the following condition:
If either of the plots on which the houses are located
are sOld, the lots shall be divided as noted in the
Van Tuyl survey of March 26, 1970.
Vote of the Board: Ayes:
Grigonis, Doyen.
Messrs: Gillispie, Bergen, Hulse,
Southold Town Board of Appeals
October 13, 1977
PUBLIC HEARING: Appeal No. 2342 ~ 9:45 P.M. (E.D.S.T.)
upon application of Jack Driscoll, 1300 North Oakwood Drive,
Laurel, New YOrk for a variance in accordance with the Zoning
Ordinance, Article III, Section 100-30 C 2(a) and 100-32 for
permission to construct swimming pool in front yard area.
Location of property: North Oakwood Drive, Laurel, New York;
Lot ~47, Laurel Park.
The Chairman opened the hearing by reading the applidation
for a variance, disapproval from~ BuildingInsPect~r, and
statement from the Town Clerk tha~ notification by certified
mail had been made to: Richard L. Hammel; Vincent J. Rich &
wife. Fee paid - $15.00.
THE CHAIRMAN: The lot has two front yards and no rear
yard where the pool would be properly placed. Is there
anyone present who wishes to speak for this application?
JACK DRISCOLL: I would speak for it because as I said
on there, there is no back yard because of the way it was
laid out.
(The Board and Mr. Driscoll discussed the location
of the property and the pool on the property.)
THE CHAIRMAN: It's an above-ground pool so it won't
require a fence. Anyone present who wishes to speak against
this application?
(There was no response.)
After investigation and inspection, the Board finds that
the applicant requests permission to construct swimming'pool
in front yard area, North Oakwood Drive, Laurel, New York.
The findings of the Board are that the Board is in agreement
with the reasoning of the applicant.
The BQard finds that strict application of the Ordinance
would p~oduce practical difficulties or unnecessary hardship;
the har~hip 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. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Jack Driscoll, 1300 North Oakwood Drive, Laurel,
New York be GRANTED permission to construct swimming pool~in
front yard area, Lot #47, Laurel Park, North Oakwood Drive,
Laurel, New York, as applied for.
VoRe of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
Southold Town Board of Appeals
-32- October 13, 1977
PUBLIC HEARING: Appeal No. 2344 - 9:50 P.M. (E.D.S.T.)
upon application of Mr. and Mrs. Walter E. Robinson, 79
Delaware Avenue, Freeport, New York for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to divide property with in-
sufficient width and area. Location of property: Lake View
Terrace (Pvt. Rd.), East Marion, New York, bounded on the
north by Lake View Terrace; east by now or formerly Hutten-
moser; south by Marion Lake; west by K. Robb & E. Pohl.
The Chairman opened the hearing by reading the application
for a variance, disapproval from the Building Inspector, and
statement from the Town Clerk that notification by certified
mail had been made to: Mr. and Mrs.: Charles Heuttenmoser;
Edward F. Pohling; Kenneth Raab; Francais A. Heroy; Salminen.
Fee paid - $15.00.
THE CHAIRMAN: The applicant's property is on Marion
Lake, it fronts on a private road. It is an unusually long
and narrow lot. One of these is 175' by 28' at one end, 27'
at the other with a narrow one and'one-half story.cottage on
it. The other lot is slightly larger with a one and one-half
story cottage on it. The proposal is to divide these two lots
which Would merely be recognizing an existing situation. Is
there anyone present who wishes to speak for this application?
WILLIAM PRI~E, JR., ESQ.: Ail I would like to say on
this is that the premises that are to be, hopefully, conveyed
are rented out anyway in the sumner. As a practical matter,
they are both used as separate and distinct dwellings now.
If the variance were granted, they would be in separate owner-
ship as opposed to single ownership with one rented out.
THE CHAIRMAN: I just noticed something here about pools,
I presume they have joint cesspool facilities. That's going
to leave one of these without a cesspool. I assume'~that they'll
look into that situation and maybe they've already de61ded.
WILLIAM PRICE, JR., ESQ.: There's no contract yet.
THE CHAIRMAN: I don't think we have to get into it, the
Board of Health would. It certainly would be one point in this
type of situation. The well point's supposed to be 100' from
the cesspool.
WILLIAM PRICE, JR., ESQ.: Both of these were constructed
before the Zoning Ordinance went in.
THE CHAIRMAN: It doesn't make any difference as far as
the Board of Health is concerned. Anyone wish to speak against
this application?
(There was no respQnse.)
Southold Town Board of Appeals
-33-
October 13, 1977
After investigation and inspection, the Board finds that
the applicant requests permission to divide property with in-
sufficient width and area, Lake View Terrace, East Marion,
New York. The findings of the Board are that the Board is
merely recognizing an existing situation as far as the dwellings
are concerned.
The Board finds that strict applicationc6f 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
zn 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. Hulse, seconded by Mr. Grigonis, it was
RESOLVED, Mr. and Mrs. Walter E. Robinson, 79 Delaware
Avenue, Freeport, New York, be GRANTED permission to divide
property with insufficient width and area, Lake View Terrace,
East Marion, New York, as applied for.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
PUBLIC HEARING: Appeal No. 2346 - 9:56 P.M. (E.D.S.~.)
upon application of Emma Mae Kroner, 700 Glen Court, Cutchogue,
New York for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-30 and Bulk Schedule for permission to
change lot lines. Location of property: Glen Court (Pvt. Rd.),
Cutchogue, New York; Lot ~12, Vista Bluff Subdivision.
THE CHAIRMAN: The survey indicates that Lots 11 and 12 are
where the boulder is located. There is a picture showing the
boulder and where the lots are divided. The proposal is to
swing the line from the southerly point to the northerly point
12' which would eliminate the rock. Is there anyone present
who wishes to speak for this application? ~
MARY ELLEN MAHONEY: It's pretty self-explanatory, what
else do you need?
THE CHAIRMAN: I don't think this map is right do you
know which lot it is? '
(The Board, Mrs. Mahoney, and Mrs. Kroner discussed
the property.)
EMMA MAE ERONER: I'm selling the house now and I thought it
would be more beneficial to the home to have this line moved.
It's really only ~n~the front of that house that it's concerned
because we're connecting with the original back line.
Southold Town Board of Appeals
October 13, 1977
ROBERT BERGEN: You're just taking the line from the back
and swinging it around.
THE CHAIRMAN: Anybody wish to speak against this application?
The application is merely to swing a line in order to avoid a
boulder which is on the f~ont lawn on the line between two lots
that are owned by the applicant.
(There was no response.)
MARY ELLEN MAHONEY: Do we have to go to the Planning
Board with this?
THE CHAIRMAN: No.
After investigation and inspection, the Board finds that
the applicant requests permission to change lot lines, Glen
Court, Cutchogue, New York. The findings of the Board are
tha~ the Board is in agreement 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 is3unique 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. Gillispie, seconded by Mr. Hulse, it was
RESOLVED, Emma Mae Kroner, 700 Glen Court, Cutchogue, New
York, be GRANTED permission to change lot lines, Lot ~12, Vista
Bluff Subdivision, Glen Court (Pvt. Rd.), Cutchogue, New York,
as applied for.
Vote of the BQard: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
PUBLIC HE~RING: Appeal No. 2347 - 10:~05 P..M. (E.D.S.T.)
upon application of Raymond Kirsch, 1551 Williams Bridge Road,
BrOnx, New York for a ~ariance in accordance With 'the~oning
Ordinance, Article III, Section 100-32 for_permission to con-
struct accessory building in front yard.~area. Location of
property: Private Road off Bayview Road, Southold, New3York,
bounded on the north by right~of-way; east by V. Ladeck;
south by Corey Creek; west by K. Isles.
The Chairman opened the hearing by reading the application
for a variance, disapproval from the Building Inspector, and
Southold Town Board of Appeals
-35-
October 13, 1977
s~atement from the Town Clerk that notification by certified
mail had been made to: Robert Isles. Fee paid $15.00.
THE CHAIRMAN: The application is accompanied by a
deed indicating the location of the premises on a private
road off of Bayview Road, Southold. It's bounded on the
north by a right-of-way, east by V. Ladeck, south by Corey
Creek, west by V. Isles. Is there anyone present who wishes
to speak for this application?
(There was no response.)
The applicant proposes building an accessory building, a
tool shed in what would be technically the front yard area.
He has two front yards, Corey Creek is his rear yard and there's
not many other places he could put it. It's pretty well
screened by the trees. Is there anyons present who wishes
to speak against this application?
(There was no response.)
After investigation and inspection, the Board finds that
the applicant requests permission to construct accessory
building in front yard area, private road off Bayview Road,
Southold, New York. The findings of the Board are that the
Board is in agreement with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hard~hip;
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. Grigonis, seconded by Mr. Bergen, it was
RESOLVED, Raymond Kirsch, 1551 Williams Bridge Road,
Bronx, New York, be GRANTED permission to construct accessory
building in front yard area, private road off Bayview Road,
Southold, New York, as applied for, subject to the following
condition:
~he accessory building shall be located no closer than
15' to any property line.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
Southold Town Board of Appeals -35~
October 13, 1977
PUBLIC HEARING: Appeal No. 2348 - 10:15 P.M. (E.D.S.T.)
upon application of Doris Helf, 1965 Bray Avenue, Mattituck,
New York for a variance in accordance with the Zoning O~dinance,
Article III, Section 100~30 and Bulk Schedule for permission to
set off lot with insufficient width and area and construct
dwelling. Location of property: East side Bray Avenue, Laurel,
New York, bounded on the north by G. Tapfar; east by D. Harkoff;
south by E. Klett; west by Bay Avenue.
The Chairman opened the hearing by reading the application
for a variance, disapproval fromtthe Building Inspector, and
statement from the Town Clerk that notification by certified
mail had been made to: Paul and Joan Bernath; George and
Elizabeth Tapfar; Doris Farkoff; Dominick Mangiamele. Fee
paid - $15.00.
THE CHAIRMAN: The lot in question is on Bray Avenue
and the applicant owns lots, as they're numbered here on the
County tax map, 14 and 15 each of which is 100' in width on
Bray Avenue. The northerly lot has a northerly dimension of
139' and a southerly dimension of 122'. The southerly lot
has a southerly line which is reduced to 105" so these are
~rregularly shaped lots on Bray Avenue which is an area of
irregularly shaPed lots. It's also accompanied by a survey
hy Young and Young dated September 13, 1977. Is there anyone
present who wishes to speak for this application?
WILLIAM CLARK, ESQ.: I have nothing to really add to the
petition except to stress the fact that the lot was originally
in single and separate ownership and was bought as a single
and separate lot. It's larger than many of the surrounding
lots. It would have no value unless the variance is granted.
I respectfully ask that this be given favorable consideration.
THE CHAIRMAN: Is there anyone else who wishes to speak
for this application?
(There was ~o response.)
Is there anyone who wishes to speak against this
application?
(There was no response.)
I have two letters here which concern the application~
One is dated October 11, 1977, from Huntington, New York.
~The Chairman read the letter from Mari0~ Kolaczyk
concerning the flooding problem on thfs section of
Bray Avenue. The Chairman also read the October 13th
letter from the Highway Department recommending that
this variance be den~ed as the Town wants to purchase
this property for drainage purposes.)
Southold Town Board of Appeals
October 13, 1977
I think in view of these two letters that the Board
should recess this hearing until November 3rd which is the
next hearing at which time we'll know more about what the
Town's plans are. Is there any objection to that?
WILLIAM CLARK, ESQ.: This is the first time we've heard
about it. We understand that the problem is not the lot
that's causing the flooding, it's the street itself.
THE CHAIRMAN: There's a dip in the street.
WILLIAM CLARK, ESQ.: They did put in drains~there but
apparently they aren't sufficient when you have a heavy rain.
That property was never used as a drain, it's privately owned.
THE CHAIRMAN:
it, I don't know.
3rd to find out.
Maybsethe Town plans to buy it or Condemn
I think we'll have to wait until November
On motion by Mr. Gillisipie, seconded by Mr. Hulse, it was
RESOLVED that the public hearing upon application of
Doris Helf, Appeal No. 2348, be RECESSED to November 3, 1977,
at 7:45 P.M.
Vo~e of the Board: Ayes: - Messrs: Gillisipie, Bergen, Hulse,
Grigonis, Doyen.
PUBL~' HEARING: Appeal No. 2349 - 10:30 P.M. (E.D.S.T.)
upon application of Angelo Accardo, Taurus Homes, 54 March
Court, Selden, New York 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. Locatio~ of property: West side Nakomis Road, Southold,
NeW York, bounded on the north by H. Walters; east by Nakomis
Road;'south by G. Cosenzo; west by E. Probe, P. Bingman, J.
Elak & wf.
The Chairman opened the hearing by reading the application
for a variance, disapproval from the Building Inspector, and
statement from the Town Clerk that notification by certified
m~ii~ad been made to: Bantola Cosenze; Harold Walter; Frank
Patzina; Edward Probe; Philip Bingman; Joseph Elak. Fee paid
$15.00.
THE CHAIRMAN: The County tax m~p i~dicates that the
frontage on Nakomis Road is 260', total property is 1.3 acres.
The depth is 221' on one dimension and 215' on the other.
The two lots would each be approximately 28,000 sq. ft. or
Southold Town Board of Appeals
-37-
October 13, 1977
more in an area which is irregular in development. The adjoining
lot is perhaps more than the two to be created. The lot immedi-
ately in the direction of Bay Water Avenue is considerably
smaller, 75' by 215' The next lot is 75' by 61'. Another
one is 260' by 85'. In the same block, on South Harbor Road,
there are a number of lots which appear to be about 125' by
200', some at 75'. These lots would certainly be larger than
the adjoining lots in the neighborhood. Is there anyone present
who wishes~to speak for this application?
ANGELO ACCARDO: I have nothing to add.
THE CHAIRMAN: The areas across the street, one of them
is 3.7 acres and two are 1.2 acres. This is all undivided
property, right? Part of the C. H. Wickham properties which
was sold from description, not subdivided. Anyone else wish
to speak for this application?
(There was no response.)
Anyone wish to speak against this application.
AL WALTERS: Two years ago I tried to buy those lots and
Mr. Wickham said they couldn't be sold because the map said
there was one lot, that the lot could not be divided. Now
this guy comes along and he wants to divide it up into two
building lots. I think it's illegal. The law the first of
the year said one-acreclots in Southold.
THE CHAIRMAN: Would you repeat again your objection?
AL' WALTERS: My_~ap shows that they weren't supposed to
be divided, Mr. Wickham ...
THE CHAIRMAN: Well, Mr. Wickham didn't pay any attention
to Zoning or this Board or to any of the Boards.
AL WALTERS: But the map's in Riverhead.
TEE CHAIRMAN: Whether a map's in Riverhead or whether a
Greenport surveyor did it doesn't matter. What we're going by
here is the County tax map.
AL WALTERS: Another thing, it's going to be a water
hazzard if they fill in 'cause the neighbors in the back are'
going to get flooded out, The neighbor down below is 5 to
10 feet higher than these lots.
THE CHAIRMAN: What lots are higher?
AL WALTERS: The next lot down after his is 5' to 10'
higher than his. If he fills in, the neighbors ~in~the back
Southold Town Board of Appeals
October 13, 1977
on South Harbor Road are going to be all flooded. The Town's
going to have a problem keeping the water out.
THE CHAIRMAN: That's not something we can solve. If
you couldn't develop any lot that wasn't perfect and level,
there wouldn't be many lots to go on. As far as any informa-
tion about, that may have been given to you about whether or
not you can divide this lot, the only way you can find out
whether~ can divide it is by appearing before this Board.
AL WALTERS: They told me it couldn't be divided so I
just walked away from it. I was willing to buy them.
THE CHAIRMAN: You too~ someone else's wor~ for it then.
AL WALTERS: I took Saland's, if he isn't no good, who is?
THE CHAIRMAN: Who?
AL WALTERS: The lawyer there up on Willow Hill.
THE CHAIRMAN: A lawyer doesn't have anything to do with
the Town.
AL WALTERS: He's a real estate agent.
THE CHAIRMAN: They don't have anything to do with it.
AL WALTERS: He told me those lots couldn't be divided.
THE CHAIRMAN: Well, I can't guarantee all the information
that you may acquire over the years.
~L .WALT~RS£- YOu made the law the first of the year,
one acre.
THE CHAIRMAN: That's for new areas. There are all sorts
of areas in the Town, this Town's 300 years old, that grew
with much smaller lots. Take New Suffolk, East Marion.
AL WALTERS: I don't care about East Marion, I'm worrying
about my section. I don't live in East Marion.
THE CHAIRMAN: The same thing applies with your section
as far as East Marion is concerned, There are man~_~
lots here, smaller than this one, and the Board'~ obligation
here here is to determine the character of the are~ and
whether or not this division is permissible or not, in my
opinion I think it is. Anyone else wish to spe~k against
this application?
(There was no response.)
Southold Town Board of Appeals
October 13, 1977
Zoning is only as strong a~ its weakest link and wherever
you have a bunch of small lots that's a weak link. You cannot
impose two-acre, f±ve-acre, ten-acre zoning on an area except
on open space. Brookhaven has put ±n 38,000 acres of two,acre
zoning. There won't be any houses built on it until all the
Other smalier lots are developed first. Nobody wants two acres
if they can help it, most people. There are a lot of odd con-
tradictions in zoning, particularly as to the size of lots.
Some~places they're required to keep them small in order to
accormuodate people who can'% afford larger lots. Anyone else,
any other questions?
After investigation and inspection, the Board finds that
the applicant requests permission to divide property with in-
sufficient width and area, west side Nakomis Road, So~thold,
New York. The findings of the Board are that the Board is in
agreement with the reasoning of the applicant. The lots in
the area are irregular in size. Many are smaller than the
applicant's proposed lots.
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. Gillispie, seconded by Mr. Bergen, it.was
RESOLVED, Angelo Accardo, Taurus Homes, 54 March Court,
Selden, New York, be GRANTED permission to divide property with
insufficient width and area, west side Nakomis Road, Southold,
New York, as applied for.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
PUBLIC HEARING: Appeal No. 2350 - 10:40 P.M. (E.D.S.T.)
upon application of Linda D. Bertahi, Colonial Drive, Southold,
New'York for a variance ~n accordance with the Zoning Ordinance,
Artic~e III., Section 100 30 and Bulk Schedule for permission to
divide property with insufficient width and area. Location of
property: east side Summit Road, Southold, New York, bounded
on the north by G. Cann; east by J. Bertani; south by W.
Jackens; west by Summit Road.
The Chairman opened the hearing by reading the application
for a variance, disapproval from the Building Inspector, and
October 13, 1977
THE CHAIRMAN: Is the~e anyone present who wishes to speak
for tkfs application?
GARY OLSEN, ESQ.: Briefly, to summarize this matter, the
property in question is presently owned by Albert and Helen
Worth who are represented by Renny Terry in Southold. They own
the piece of property 260' wide on summit Road and we are
seeking, they're both ~aca~t parcels, we're seeking to buy
half.of it. The contract is subject to the granting of this
variance. If the variance were granted, the two parcels to
be created would each have 130' on Summit Road and approxi-
mately 16,250 sq. ft. The parcels to be created would be
generally in keeping with the general size and shape and
character of the other parcels in the community. The parcel
i~mediately to the north of the piece to be created on the
corner of Summit Road and Liberty Lane is owned by Cahn, that
has 138' on Summit Road and approximately 16,000 sq. ft. The
property to the east oK that on the corner of Colonial Road
and Liberty Lane hasn't27' on Colonial Road. One just south
of that on Colonial Road is owned by Mr. and Mrs. John Bertani.
That's the same Mrs. Bertani that's interested in buying this
but we're going to keep them in single and separate ownership.
That has 130'. To the south of that on Colonial Road is a
piece of property owned by G. R. Hughes ...
THE CHAIRMAN: Is this lady going to buy a lot in back
of her present lot?
GARY OLSEN, ESQ.: Yes, but the title will be held
differently than the present piece that she owns with her~
husband. We're going to keep it in single and separate owner-
ship.
THE CHAIRMAN: And you're applying for this permission
not for the owner but for the owner-to-be, is that correct?
GARY OLSEN, ESQ.: Yes. The contract is subject to the
~ranting of the variance. The variance would, in effect, result
zn two parcels that would be in keeping with the other parcels
in the neighborhood. If the variance was not granted, Mr. and
Mrs. Worth would, in effect, end up with an oversized piece
approximately twice the size of the other parcels in the community.
THE CHAIRMAN: The numbering is confusing here on these
maps.
GARY~-OLSEN, ESQ.: It's parcel 47.
THE CHAIRMAN: And parcel 50 she already owns, right?
GARY OLSEN, ESQ.: She doesn't own it alone, she owns it
with her husband. The Worths own 46 and 47, we're interested
in buying 47.
Southold Town Board of Appeals
October 13, 1977
(The Board and Mr. Olsen d±s.cussed the map.)
THE CHAIRMAN: And these lots are all occupied by in-
dividual residences.
GARY OLSEN, ESQ.: Some are vacant. The Bertanis are on
50, there's a house on that piece. On 51 there's a house.
I believe 49 is vacant, 48 is vacant, and these two pieces
(on~.'~map) ~.~ar~-vacant. I believe on 45 there's a house. I
think 45, 57, and 56 are owned by one person.
THE CHAIRMAN: Anyone wish to speak against this
application?
(There was no response.)
After investigation and inspection, the Board finds that
the applicant requests permission to~divide property with in-
sufficient width and area, east side Summit Road, Southold,
New York. The findings of the Board are that the Board is
in agreement 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. Hulse, seconded by Mr. Bergen, it was
RESOLVED, Linda D. Bertani, Colonial Drive, Southold, New
York, be GRANTED permission to divide property with insufficient
width and area, east side Summit Road, Southold, New York, as
applied for.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
PUBLIC HEARING: Appeal No. 2338 - 10:45 P.M. (E.D.S.T.)
upon appliCation of Carl J. Schmid, Fishers Island, New York
for a variance in accordance with the~Zoning Ordinance, Arti-
cle III, Section 100-30 C 2(a) and 100-35 for permission to
eliminate swimming pool fence. Location of property: Private
Road, Fishers Island, New York; Block 35, Lot 5, Fishers Island
Estates.
The Chairman opgned the hearing by reading the application
for a variance, ~i~a~P~gval from the Building-Inspector,.and
statement from the~wn'Clerk that notification by certified
Southold Town Board of Appeals
October 13, 1977
mail had been made to: ESt~ of Jansen Noyes, Sr.; Fishers
Island Development Corp. Fee paid - $15.00.
THE CHAIRMAN: Previous to this application, on September
1st the Building Inspector wrote to Carl J. Schmid as follows;
(The Chairman read the Building Inspector's letter
and Mr. Schmid's reply. The Chairman a~zo rea~d'-Mr.
Schmid's letter of October 11, 1977, reqUesting that
the Board postpone this hearing until the Spring.)
I guess you said, Serge, that he's left for Florida,
right?
SERGE DOYEN, JR.: Yes. What he says is absolutely true,
that place is just about inaccessible except through the
single road~ There is a big ravine that makes a natural
barrier, underbruSh, they are just about impenetrable, it is
true.
ROBERT BERGEN: Hav~ you been down there?
SERGE DOYEN, JR.: I took those pictures you've got there.
(The Board discussed the pictures of the house and the
surrounding property.)
Without ~xaggerating, it's an extraordinarily beauti-
fully landscaped place. But the purpose of the fence is to
keep some kid from falling in, what can I say. Like a lot
of these guys say, "My pool has been there 20 years and no-
body's fallen in, not even a cat."
STEVE KATZ: Are there children in the family?
SERGE DOYEN, JR.: That's what I asked him, he's got
grandchildren, but he said they're not allowed near the pool.
THE CHAIRMAN: They're not allowed near the pool except
under certain conditions.
FRED HULSE, ~R.: They would be inside the fence anyway..
THE CHAIRMAN: Does he allow the grandchildren in the house?
FRED HULSE, JR.: It looks like there's plenty of room.
SERGE DOYEN, JR.: I don~t know, if you have an ordinance
for a fence around a swimming p®ol that means you have an or-
dinance for a fence around a swimming pool. If you go along
with the intent or the purpose of the Ordinance, I don't know
how you'd vary it.
Southold Town Board~f Appeals -43-
October 13, 1977
THE CHAIRMAN: Does anyone wish to speak for this application?
~There was no response.)
Anyone wish to speak against this application?
(There was no response.)
I have~o speak against it and state that the Ordinances
of the Town of Southold are constructed for the observance of
all citizens in Southold including the residents of Fishers
Island.
SERGE DOYEN, JR.: By the Constitution of the State of
New York. You can't have an ordinance that excludes part of
the ~own.
THE CHAIRMAN: Equal treatment under the law requires
the Fishers Island residents not be excluded from the Town
Ordinance.
CHARLES GRIGONIS, JR.: They may argue that it was put
in before the Ordinance.
SERGE DOYEN, JR.: You might throw in there somehow that
aesthetic value might not add up to the harm that could be
done by not complying with the provisions of the Ordinance.
THE CHAIRMAN: Aesthetic considerations are outweighed
by the importance of maintaining the health, safety, and
welfare of the people.
SERGE DOYEN, JR.: It's true, if a ~id f&lls in how can
you justify it? Aesthetically you could look for 1000 years
and you couldn't justify it.
CHARLE$-G~GONIS, JR.: Was the Ordinance written so
that it applies to pools that are pre-existing?
THE CHAIRMAN: Yes, they give them six months to comply.
Of course, on Fishers Island they're rarely there for six
months at a time.
(There was further discussion of Fishers Island.)
The physical barriers surrounding~the applicant's pool
are not impenetrable. The Ordinance was designed to protect
properties which'have an ~attr.active nuisance?~ To protect
residents of the Town from ~attractive nuisances." And
domestic animals too.
SERGE DOYEN, JR.: Put it this way, I can listen to this
flack for a long time, but I couldn't listen if a kid fell in.
Southold Town Board of Appeals
October 13, 1977
After investigation and inspection, the Board finds that
the appl±cant requests permission to eliminate swimming pool
fence, private road, Fishers Island, New York. The findings
of the Board are that the applicant owns a swimming pool (con-
structed prior to fencing regulation) situated between an
attractively landscaped home and Block Island So~d to the
south~ The pool is located in the rear yard area of the
approximately seven-acre tract. Access is by means of a
dead-end dirt road about three miles from the village. Large
areas of the tract and nearby ~reas are covered with dense
native underbrush, and the pooi~is partly protected from
casual intrusion by a steep bank to the south toward the
beach. We agree that the remote location of the pool and
it's surroundings reduces the possibility of accidents in-
volvi~g~ casual intruders. A number of pools in the Town of
Southold are located similarly to achieve privacy by means
of some or all of the methods noted by the applicant. No one
has been granted a fencing variance. A fence would not have
prevented the only Southold fatality (he ~umped into a part-
ially filled pool). It is the obligation of the Board to
require all reasonable safety precautions.
Accordingly, the Board finds that the hardship is not
unique or unusual and that the aesthetic considerations noted
by %he applicant are outweighed, in our opinion, by the need
to implement the safety, health, and welfare of the residents
of the Town as set forth in the opening paragraphs of the
Zoning Ordinance.
The Board finds that strict application of the Ordinance
would not produce practical difficulties or unnecessary hard~
ship; the hardship created is not unique and would be shared
by all properties alike in the immediate vicinity of this prop-
erty and in the same use district; and the variance will change
the character of the neighborhood, and will not observe-'-the
spirit of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Doyen, it was
RESOLVED, Carl J. Schmid, Fishers Island, New York, he
DENIED permission to eliminate swimming pgol fence, Block 35,
Lot 5, Private Road, Fishers Island, New York.
Vote of thR Board: Ayes: ~ Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
Five (5) Sign Renewals were reviewed and approved as
submitted.
Southold Town Board of Appeals
October 13, 1977
On motion by Mr. Bergen, seconded by Mr.Hulse, it was
RESOLVED that the next meeting of the Southold Town Board
of Appeals be held at 7:30 P.M., November 3, 1977, at the
Town Hall, Main Road, Southold, New York.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
On motion by Mr. Grigonis, seconded by Mr. Doyen, it was
RESOLVED that a special meeting of the Southold Town Board
of Appeals be held at 11:00 A.M., Friday, October 21, 1977, at
the Town Hall, Main Road, Southold, New Y~rk.
Vo~e of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
The meeting was adjourned/~ 11:30 P.M. (E.D.S.T.)
M~ r y/~. Dawson
S~c~ary