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TOWN OF SOUTHOLD, NEW YORK
ACTION OrTHEZONING BOARD OF APPEALS DATE ...J.U1Y....2. .,. 1964
Appeal No. 696 Dated July 9, 1964
ACTION OF THE' ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Athanasios & Helen Spinthourakis Appellant
Main Road
East Marion, New York
at a meeting of the Zoning Board of Appeals on Thursday, July 23, 1964 the appeal
was considered and the action indicated below was taken on your
Request for variance due to lack of access to property
Request for a special exception under the Zoning Ordinance
t ) RegaesL for a variance to the Zoning Ordinance
t )
1. SPECIAL, EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article ............................. Section ............................ Subsection ........................... paragraph
............................ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because
8: 00 P.M. (E. D. S. T. ) , upon application of Stanley S. Corwin, Esq. ,
443 Main Street, Greenport, New York, a/c Athanasios and Helen
Spinthourakis, Main Road, East Marion, New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 300, Subsection la, for permission to convert a building
into a two family dwelling. Location of property: south west
corner Main Road and Orchard Lane, East Marion, New York, bounded
north by Main Road, east by Orchard Lane, south by Spinthourakis,
west by A. G. Doyle.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict applioation of the Ordinance (would)(would not) produce practical difficulties or unnec-
essary hardship because
SEE REVERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district because
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied
and that the previous decisions of the Building Inspector ( ) Abe confirmed ( ) be reversed.
_- - ZONING BOARD OF APPEALS
FORM Z134 V w
Barbara L. Carroza, Secretary
Under Article VIII, Section C, the Board is required to grant
or deny a special exception, giving particular attention to Section (a)
1-12, and to the end of Section C. Findings of the Board are as
follows: in reference to Article VIII, Section C, (1) (a) (1) 1. In
the Board' s opinion the use of this property by the applicant will
effect the orderly and reasonable use of adjacent property in the
residential area. Under subsection (3) the proposed use will
effect the order of the Town of Southold, and the Board is opposed
to a further extension of a use which will permit more than one
family to occupy premises. The fact that the applicant has converted
a dwelling, without permission, from a one family residence to a two
family residence as pointed out by the Building Inspector during
testimony, is a self-imposed hardship, and not a point to be consider-
ed by this Board. Under subsection (4) the proposed use will not in
the Board' s opinion promote the general purpose of the Ordinance;
specifically it will tend to increase and enlarge the adjacent
Blue Dolphin Inn facilities, owned also by the applicant, and used
as a transient multiple residence. A use which is objected to by
local residents presently because of noise and overcrowding.
Under Article VIII, Section C, Subsection (b) (1) , it seems
to the Board that the character of the proposed use may be
suggested by the conduct of the applicant' s business to the west,
zoned "M" Multiple Residence District, as noted above. This
would affect future adjacent legal uses. Under subsection (2) ,
conservation of property values in the area would be adversely
affected by this. Testimony at the public hearing indicated
excessive noise extending to late hours of the night and over-
crowding on owners premises at the Blue Dolphin Inn. Under
subsection (10) from personal observation of members of the Board,
and from testimony of neighbors, indications are: There are
sometimes as many as 40 to 50 people on the owners premises at
the Blue Dolphin Inn, representing in the Board' s opinion an
overcrowding of land. Overcrowding can be an undesirable develop-
ment either on a permanent or transient basis.
An estimated 35 residents of East Marion appeared in person
to object to the granting of this application, and Kenneth Slocum,
Esq. , attorney for some of the residents of East Marion, presented
a petition registering a firm protest and opposition to the application
with 90 signatures of residents of East Marion.
The East Marion residents object from personal experience and
first hand observation based on knowledge acquired in observing
the conduct of the business of the Blue Dolphin Inn, over the
past five years.
The Board finds that the public convenience and welfare and
justice will not be served and the legally established or per-
mitted use of neighborhood property and adjoining use districts
will be permanently or substantially injured and the spirit of
the Ordinance will not be observed.
Therefore, it was RESOLVED that Stanley S. Corwin, Esq. , 443
Main Street, Greenport, New York, a/c Athanasios and Helen Spinthour-
akis, Main Road, East Marion, New York, be denied permission to
convert a building into a two family dwelling, on property located
south west corner Main Road and Orchard Lane, East Marion, New
York.
LEGAL NOTICE
NOTICE OF HEARINGS
Pursuant to Section 267 of the Town
Law and the provisions of the Amended
iBuilding Zone Ordinance, of the Town
of Southold, Suffolk County, New York,
public hearings will be held by the
Zoning Board of Appeals of the Town
!
of Southold, at the Town Office, Main /
Road, Southold, New York, on July 23, !
1964, on the following appeals:
I 7:30 P. M. (E.D.S.T.), upon applica-/
tion of Hen~ R. Jacobi, Sr., Pequash
Avenue, Cutchogue, New York, for
recognition of access in accordance
with the State of New York Town Law, ~
Section 280A. Location of property:'
east side private right-of-way, off
south side Soundview Avenue, South-
old, New York, bounded north by r
Seundview Avenue, east by McDon-
ough, south by L C. Latham, west by
Spurway.
7:40 P. M. (E.D.S.T.), upon applica-
tion of Norma Orzesik, 245 So. Sth
Street, Lindenhurst, New York, for
recognition of access in accordance
with the State of New York Town Law,
Section 2SOA. Location of property:
north side North Road, (CR 27A),
Oreenpert, New York, bounded north
~ by Long Island Sound, east by P. Ben-
i dricksen, south by North Road- J.
:Grzesik, west by M. Blackman.
8:00 P. M. (E.D.S.T.L upon applica-
tion of Stanley S. Corwin, Esq., 443
Main Street, Greenport, New, York a/c
Athanasios and Helen Spinthourakis,
Main Road, East Marion, New York. i
for a special exception in accordance
with the Zoning Ordinance, Article III, I
Section la, for permission to convert l
a building into a two-family dwelling.I
Location of property: south west cor-
ner Main Road and Orchard Lane,
East M2xion, New York, bounded north
by Main Road, east by Orchard Lane,
south by Spinthourakis, west by A.
O. Doyle.
Any person desiring to be heard on
the above applications should appeal'
DATED: July 9, 1964, By Order of the
at the time and place above specified.
Southold Town Board of Appeals
COUNTY OF SUFFOLK /
STATE OF NEW YORKI ss:
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISb~ND
TRAVELER MATTITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Traveler-Mattituck Watch-
man once each week for '-'-~:t ....... :'f.4~ .................. weeks
successively, commencing on the ...................... ~ .................
day of ...:...:.....,.'..¢..&.:./....z .........
............................ .......... ...... ..........
Sworn to before me this ..Wl...:...i .......... day of
.... ~ 19.~..:.~
Notary Pubhc
Notice of ~earings
Pursuanu to Section 267 of the Town Law and the provisions
of the Amended Building Zone Ordinance, of t~e Town of Southold,
Su~ County, Ne~ York, public hearings will be held by the
Zoning Boaxd of Appeals of the Town of Southold, at t~e Town
Office, I4ain Red, Southold0 New York, on July 23, 1964, on
tt~e folXowing appeals:
7~ 30 P.M. (E.D.S.T.), upon application of }ienry R. Jacobi, S
Pequash Avenue, Cutchogue0 New York, for recognition of access
in accordance with the State of New York Town Law, Section 280~.
Location of property~ east side private right-of-~ay, off south
si~e SoundVieW Avenue, Sout~old. New York, bounded nort/a by
Soundview Avenue, east by McDonough, south by 1. C. Latha~,
west by Sperway.
7~40 P.M. (E.D.S.T.), upon application of
245 So. 8th Street, Lindenhurst, N~w York, for recogllition of
access in accordance with the State of New Yo~ TOWn Law~
Section 280A. Location of ~roperty= north side North Road~
(Cl~ 27A), Greenport, Ne~ York,
Sound, east by P. Bendricksen,
west by M. Blackman.
bounded north by Long Ieland
south by North Road-J. Grzes/k~
Legal Notice ~age -2-
8:00 P.M. (E.D.S.T.), upon a~lication of Stanley $. corwin,!
Esq., 443 Main Street, Greenport, New York, a/c Athmnaalos and
~elen Spinthourakis, Main Road, East ~arion, New York, for a
special eXception in accordance with the Zoning Ordinance,
Article III, Section 300, Subsection la, for permission to
co~vert a building into a two-family Clwelllng. Location of
property~ sou~ west corner Main Road and Orchard ~ane, East
Marion, New York, bounded north byMain Road, east by Orchard
Lane, aou~l by Spinthourakis, west by A. G. Doyle.
Any person desiring to be heard of the above applications
should appear at the time and place ~)ov~ specified.
DATED= July 9, 1964, By Order of the
Southold To~n Board of Appeals
PLEASE FUBLISH ONCE, July 16, ~964, AND FORWARD FO~R (4)
AFFIDAVITS OF PUBLICATIO~ TO THE BO~RD OF APP~, TOWN OFFICE,
Copies mailed to t2~e following on July 10, 1964~
The Long Island Traveler-Mattitu~k Watchman
~n~y E. Jacobi, Sr.
Norma Gresik
Stanley Corwin, Esq.
TOV~rN 4. SOUTHOI.~, NE~V Y,O'RK
APPLICATION ~O1~ SI~ECT~AL E~C~
TO TPIE ZONING BOAP~D OF APPEALS, SOUTHOLD, N. Y.
Name Street and Number
Greenport New York~
as attorney and ag~H]k~hanasiqs Spinthourakis and HelenS~nthourakis, his wife, of
Main Roac[, Eaat/V[arion, New YorK, ~
~reby apply t0 T~ ZO~G ~OA~ OF ~P~LS for a ~L EXO~N ~ ~ordance, w~th the
Z~I~G ~DI~'ANCE ~C~ III SECTION 300
S~ON ~ 1-a
THE SPECIAL EXCEPTION IS t{EQUESTED BECAUSE the owners wish to convert a dwelling to a
two family dwelling as permitted by the statute in lhe case of dwellings in existance. The
building as to which the special exception is sought is located on the south side of the Main
Road at East Marion, N. Y., on the southwest corner or,he intersection of Route 25 and
Orchard Lane. The building is over 50 years old and at the time the zoning ordinance
was enacted was in single and separate ownership as a family dwelling.
There is ample space in the dwelling to convert it to a two family dwelling, and ample
yard space. A diagram of the premises is attached.
The owners acquired the property in January of 1962. At that time the building had been
unoccupied for a considerable period and was in a run-down and decrepit condition. The
owners refurnished and modernized it, and in the course of so doing added certain
facilities which has prompted the Building Inspector to declare it to be a two family
dwelling. While the owners disclaim the building in question presently falls within
the meaning of Article I, §100, subd. 8, they would like to be in a position legally to
arrange in the future for it to be occupied by two families.
The premises are described as being bounded on the north by the Main Road, on the east
by Orchard Lane, on the south by Spinthourakis, and on lhe west by A. G. Doyle.
STATE ,OF NASV YOPoK )
COUNTY OF SUFFOL~
Signature
Not~ry Public
C~'~N~LIA C. KEOGH
NOIARY PUBLIC, State of New Yo~k
No. 2-2~93890
Qualified i,~ Suffolk Counl¥
ler,n : .;, s Ll,~rch 30, 196~-
FORM ZB2
964
We, the und. ezsaiS]Led.~ rolid, in.t,-,l~irs o:~ hoall in
Eo. lt Kar~on., d.o b. erob% ros~J. II~er
~ the ~pXioatL~ e~ 8t~ ~o~, Z~q.
~o~, ~oF a .peoX~ ezeep*~on ~a aooe~nee ~ ~e
Zoal~ O~noe, ~lole XXX, 8eo~ion la, for
of X~ Ro~ GA O~ ~o, Bao~ X~ea, lev
bo~e~ h~h b~ X~n b~, ~t bZ Oro~
Ves~ by A. G. ~71e) in$o a
SeraPh by 8~Xm~heurakis,
rye- family ~vellin~.
July 20 1964
We, the undersigned, resident-owners of homes in
East Marion, do hereby register our fir~ r test of aud
o~cstt~Sn tS the application of Stanley. S.. Oor~In, Esq.
~3 Main Street, Greenport, New York, a/c/ Athanaelos
and Eelen Spinthourakis, Main Road, East Marion, New
York, for a special exception in accordance with the
Zoning Ordinance, Article III, Section la, for per~ission
to convert the building (located on the south west corner
of Main Road ~ud Orchard Lane, East Marion, New York,
bounded North by Main Road, ~ast by Orchard Lane,
South by Spinthourahis, West by A. G. Doyle) into a
two-family dwelling.
NAa
/I
~ m ~m
~/l~t~~.. we~t ~ A. e. memmJ) la~e a
November 17, 1964
Mr. Robert Gillespie, Jr.
Chairman, Board of Appeals
Southold Town Clerk's Office
Southold, New York
Re: Spinthourakis v. Gillespie
Dear Sir:
Judge Ritchie of the Supreme Court has rendered a decision in the appeal
of Spinthourakis of the determination of the Board of Appeals denying a
special exception to permit the conversion of a dwelling to a two-family
dwelling. Judge Ritchie's decision has annulled the Board's determination
and remitted the matter back to the Board of Appeals for the purpose of
taking further evidence and making a determination stating the facts and
reasons in support thereof.
A copy of the Court's decision is enclosed herewith for the examination
of the Board. Before the Board of Appeals proceeds further with this
matter, I think that it would be appropriate if I met either with you or
the Board to discuss the Court's decision and the implications thereof.
Yours very truly,
ROBERT W. TASKC. R
RWT :JM
Enclosure
SUPREME COURT, SUFFOLK COUNTY
Petitioner·
VS.
IOII~T GILLESPZ8, et
Retpendentl.
GOll~li t GLICJO4A#, ISQS.,
445Jl~Ja Street
~ffoeupert, #ev~ork.
MEMORANDUM
SPECIAl TERM
BY RITCRll, J.S.C.
DATED MOVOlibO?
fAiT
ROBERT W. TASSEl, Iiq.,
Attorney far tho TM of Seutheld,
425 Mite Street,
~reenpo~t, New York,
This is in Article 78 proceedtnS to review the deterUluation
of the hrd of Appeals which dented petitioner·e application fMr a
special exception.
Petitioners clslu that the record
diOCleVe all of the-evidence taken thereat.
of the hearths does net
Mere specifically, they
State that their counsel dtseussea and oltjblishod at the
of the four eleeent· required to be establashod under Article l,
lKtlou lel-C of the erdlnance as · prerequisite to the rrautiul of a
IpOcial ezceptiou. Thio ha& eot been denied by tko reepeudewts.
tho haeyiel record is tncoeplete.
It viii tiao be noted that in eektul their detmiuetioe,
tim Board did not state the reason· for their findiafs.
It ts apparent free the forelolus that tko Irate of tko
ro~ord ii Inch that an lntellifent review cannot be had. j
A~cordiuSly, that portion of tho relief doeeudiu8
of ~ha deterulomttou of the SoeFd t~ srsntsd end tko p~oeee~.dtul is
remitted to ~he Bo~rd of App~sls for tha ~urpese of tektei
ovideneo and the wakens of a aeter,tnatton fistful tho facts ami
retlonl it support thereof.
J. S. C,