HomeMy WebLinkAboutZBA-06/25/1964 APPEAL BOARD
MEMBERS
Roberf W. ®i][~spie, Jr., Chairrn~n
Roberf 9ergen
Char]es Gregonis, ur.
Serge Doyen Jr,
Fred Hulse, Jr.
SOUTHOLD, L.I., N.Y.
T~le~hone SO 5-2660
MINUTES
SOUTHOLD TOWrN BOARD OF APPEALS
June 2~, 196~
A regular meeting of the Southold Town Board of Appeals was
held 7:30 P.M.~ Thursday, June 25, 1964, at the Town Office~ Main
Road, Southold, New York.
~here were present: Messrs. Robert Wo Gillispie, Jr., Chairman,
Robert Bergen~ Fred ~ulse, Jr.
Absent: Charles Grigonis, Jr., and Serge Doyen, Jr.
Mr. Henry W. Flaack, of J.C.P. Contracting Corp. appeared before
the Board for an informal discussion. He wishes to put a temporary
contractors yard for state highway improvement work on the corner of
Ackerly Pond Lane. The Board advised him to fill out an application
for a variance.
PUBLIC ~IEARING: Appeal No. 671 - 7:30 P.M.(E.D.S.T.)~ upon the amended
application of RoG. Terry~ Esq., Southold~ New York, a/c Charlotte K.
Gittinger, 3 Forest Drive, Springfield, Ne~ Jersey, for a variance and
recognition of access in accordance with the Zoning Ordinance~ Article III,
Sections 303, 304, 307~ 308, Article'X, Section 1000a, and the State o~
New York Town Law, Section 280A, for permission to divide lots with in-
sufficient frontage~ and for approval of access. Location of property:
north side'Cedar Beach Road, bounded north by land of applicant, east by
Bay~ south by land of applicant, west by land of applicant. Fee paid $5°00°
~ Southold Town Board of Appe-~ls -2- June 25, 19%~
The-Chairman reopened the hearing by reading the amended
application ~for a variance and recognition of access, legal
notice of hearing, affidavit attesting to its pubiication in
the official newspaper, and notice to the applicant.
The Chairman reviewed the facts of the case as they were
presented June 11a 1964.
GEORGE McMANN,JR.,ESQ.: Before any further testimony be given
on behalf of this petition, I would like to make a motion that the
petition be dismissed from this Board. This Board does not have
the power to give permission to divide lots. This petition does
not come under the jurisdiction of the Board of Appeals as psr
Section 335 of the Real Property Law.
(George McMann,Esq. read part of this section which stated
in part that when an owner or agent subdivides real property into
lots,~ plots, blocks, or sites, with or without streets,for the
purpose of offering such lots, plots, blocks, or sites for sale
to the public, regardless of how they are conveyed, to file or
cause to be filed in the office of t~e county clerk of Suffolk
County a map thereoftogether with a certificate of the surveyor
endorsed on the face of such map certifying same to have made
from an actual survey of the property and the date of the com-
pletetion of the survey.)
THE CHAIRMAN: The map hasn't been filed in the County Clerk's
Office?
GEORGE McMANN,'JR.,ESQ.: No it hasn't been filed. The relief
in this petition should be in the Planning Board and not in the
Board of Appeals. This Board lacks jurisdiction in this petition.
To divide property you must file a map in the County Clerk's office~
and it has to be submitted to the Planning Board, not the Zoning
Board.
THE CHAIRMAN: We have recently obtain a ruling to act on
cases such as this one. We handle up to 4 lots being divided,
and this petition would come under us.
GEORGE McMANN,JR.,ESQ.: I still ask that this petition be
dismissed, this Board has no power ot grant it~
THE CHAIRMAN: I will have to deny your motion. I think this
Board is acting properly in giving this application relief in this
situation.
Southold Town Board of Appe~s -3- June 25, 196~--
~T~e~e was a g~eat deal of discussion about how m~a~y lots the
Board of Appeals can act on. R. Terry, Esq. advised the Board could
act on an application up to 4 lots. George McMann,Esq. felt that
such action was in violation of the Real Property Law~
THE CHAIRMAN: Is there any other legal agrument to be presented why
this application ~'h~k~%tbe granted?
R.G. TERRY,ESQ.: I don't want to prolong the matter. I would
ask that the Board give favorable consideration to this application.
THE CHAIRMAN: Are there any-other questions?
HOWARD SCHWARTING, Member of Civic Association: The application
has sections 304, 307~ 308, which permits to vary the side line and
the the lot lines. If this continues to be the case of the Board
of Appeals to rule on cases like this, I think the C'i~vic Association
is going to tak~ some steps on this. If this continues there is
going to be a serious situation in regard to sewage control and in
the regulations set up by the Town Ordinance. Here you say that
the Town Ordinance was brought into effect April 28, 1958 to provide
for the health,saftey, and welfare morals of the Town~ and if you
cut up property like this it will effect the property rights of the
people who are coming out here to buy land. This whole thing should
have set standard side lines~ and rear lines. There are over 60
amendments to this Ordinance.
THE CHAIRMAN: I have nothing to do with the amendments.
HOWARD SCHWARTING: I know this Ordinance should be rewritten.
THE CHAIRMAN: Every~Ordinance has to adopt itself as it goes
on. What was true 1OO years ago isn't t~ne today. What happen
10 years ago isn't true today. Thres houses were bought prior to
1the Zoning Ordinance. The total property between these houses and
the lot is 2~ acres or'something like that. The purpose of this
Board is to relieve hardship. Don't you think it's a hardship to
sell three houses on one piece of land?
HOWARD SXHWARTING: I would try to sell the whole thing as
one parcel of land.
THE CHAIRMAN: They have tryed to sell it for 5 years as one
parcel.
Southold Town Board of Appe~.~s -4- June 25, 19t~_
HOWARD SCRWARTING: What is going to be the number of square
feet that is allowed.. Can you just divide any lot2
HOWARD TERRY,Building Inspector: You would still have to get
an application for a variance.
HOWARD $CHWARTING: Would it be part of the record?
T~E CHAIRMAN: It is part of the record right now.
HOWARD SCHWARTING:What is the frontage?
(The Chairman explained the b~undries of each lot and what
their area and frontage was.)
THE CHAIRMAN: I beleive they all have beach rights also, is that
correct?
TERRY,ESQ.: Yes~ each one has beach rights.
HOWARD SCHWARTING: What is going to happen by cutting up these
lots. What's going to happen in the future?
THE CHAIRMAN: You are off the subject. This permission is
asked to give single title to the property.
HOWARD SCHWA TING: I agree~ as long as it doesn't conflit with
zoning. People come out here, buy land, and build modern houses
on it. Retired people like me amd yourself. What's going to
stop someone from coming in the future and changing%his into a two
family dwelling?
THE CHAIRMAN: I am not sure that legally ~u can do that.
MR. WETMORE: They are just talking about the sale of the
house, but we have the property to sell also.
MR. HULSE: Mrs. Gittinger will not sell unless this variance
is granted. He won't buy that unless this variance is granted.
GEORGE MCMANN,JR.,ESQ.: She could sell this as one piece if
she wanted to~ so there is no hardship.
THE CHA/_RMAN: The thing that delayed this hearing is that you
said this Board does not have power to subdivide property.
Southold Town Board of Appea-~s
-5-
June 25~ 196~
GEORGE McMANN,J~.,ESQ.: So she still doesn't need this
variance.
THE CHAIRMAN: To sell these three houses she needs this
variance. The buyer won't buy unless this variance is granted.
GEORGE McMANN,JR.,ESQ.: He doesn't need a variance now, he
needs it in the future.
THE CHAIRMAN: He wants to be in the position so that if a
chance comes to sell these lots they will be in separate ownership.
He has to look into the future.
GEORGE MCMANN,JR. ESQ.: He doesn't have the hardship until the
time he has to sell.
MR. BERGEN: He won't buy these lots unless they are divided
into separate l~tsl
THE CHAIRMAN: The lots and houses have always been there.
Nothing is going to be changed, everthing will remain exactly
the way it has always been.
R.G. TE~RY, ESQ.: Unless there is anything further against this
application,'I will again ask that the Board give favorable consider-
ation to this application.
THE CHAIRMAN: Is there anything else to be said against this
application?
(There was no response.)
THE CHAIRMAN: I agree with the reasoning in the application.
After investigation and inspection the Board finds that Charlotte
Gittinger wishes to obtain permission to divide lots and to obtain
approval of access. The Board finds that the best solution to this
is the division by Otto Van Tuyl, as shown on a survey revised June
1St 1964' The final dividing lines should be as shown on the
survey by Otto Van Tuyl, revised June 24, 1964.
The Board finds that the applicant has tried for five years Go
sell these three houses located on one single lot. The applicant
now has a buyer for these houses~' however the lots Lmust be divided
before the sale will take place. This variance is necessary to
comply with the requirements of the Zoning Ordi~ance~ofthe Town of
'Southold~ The Board knows of no other way to divide this property
without causing a unique and unnecessary hardship. This variance
ouses ana a c an e he c arac r of th' n '~hborhoo because the
Southold Town Board of Appea~ -6- June 25, 196~-
These conditions were all created before zoning came into effect, and
there was no futb~e insight of zoning. The Board also finds that
the access requested is accessible to fire trucks and other emergency
equipment.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike in
the immediate vicintiy of this property and in the same use district;
and the variance does observe the spirit of the Ordinance and will c
not change the character of the district.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED t~at R.G. Terry, Esq., Southold, New York, a/c Charlotte
K.. Gittinger, 3 Forest'Drive, Springfield, New Jersey, be granted
permission to divide lots with insufficient frontage and be granted
approval of access. The lots shall be divided as shown on the
survey by Otto Van Tuyl, revised June 24, 1964.
Vote of the Board: Ayes: Mr. Gillispie,' Mr. Bergen, Mr. Hulseo
PUBLIC HEARING: Appeal No.-~673 - 7:40 P.M.(E.D.S.T.)~ upon the
amended application of Herbert W. Wells, Jr., Southold, New York,
a/c Vail Brothers, Inc., Main Road, Peconic, NeW York~ for a special
exception in accordance with theZoning Ordinance, Article IV, Section
400, Subsection 9, for permission to install a parking lot to sell
used and new cars. Location of property: north side Route 25, Peconic,
New York, bounded north by land now or formerly of A. Cierach, east
by land now or formerly of A. Cierach, south by Main Road, west by
other land of applicant. Fee paid $5.00.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspaper, and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak in
favor of this application?
HERBERT3~LLS,JR.: .I hope that the Board will approve the
applications
Southold Town Board of Appe'~±s -7- June 25, 19~
MR. HULSE: Will that house on the property be taken off?
HERBERT WELLS,JR.: We have a contract with the previous owner.
They can purchase it before Januazy'~l~ 1965 if they want to~ if not
we will sell it.
T~E CHAIRMAN: Is there anyone present who wishes to speak against
this application?
(There was no response° )
After investigation and inspection the Board finds that Vail
Brothers, Inc. wishes to install a car lot for the sale of new and
used cars. The Board finds that Vail Brothers. Inc. has expanded
in business and need additional room for the sale of their cars.
The Board finds that this car lot is clean and orderly.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted
use of neighborhoo~'~property and adjoining use districts will not
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
On motion by Mr. Gillispie~ seconded by Mr. Hulse, it was
RESOLVED that Herbert W. Wells,JR., Southold, New York, a/c
Vail Brothers, I~c., Main Road, Peconic, New York, be granted per-
mission to install a parking lot to sell used and new cars, on
property located on the north side of Route 25, Peconic, New York,
subject tohthe following conditions:
1. No major repair work shall be performed in the open.
2. No automobiles, or automobile parts, dismantled or damaged
vehicles and similar articles shall be stored in the open and no
parking of vehicles other than thosebeing serviced shall be
permitted.
3. Signs to be in accordance with Article IV, Section 408,
of the Building SZone Ordinance of the Town of Southoldo
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen,. Mrl Hulse
Southold Town Board of AppeaSes
-8- June 25, 19~
PUBLIC HEARING: Appeal No. 676 - 7:45 P.M.(E.D.S.T.), upon
application of Henry J. Smith~ Peconic Lane, Peconic, New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 303, and Article X~Section 1000a, for permission to
divide lots with insufficient frontage. Location of property:
west side Carroll Avenue, Peconic, New York, bounded north by
Long Island Railroad, east by Carroll Avenue, south by J.0. Bell-
Bedell, west by other land of applicant. Fee paid-'S5.00'
The Chairman opened the hearing by reading application for
a variance, legal notice of hearing, affidavit attesting to its
publication in the official newspaper, and notice to the applicant.
Mr. Henry Smith idenified photographs that were taken of
the property in question.
THE CHAIRMAN: How wide is the property~
HENRY~SMITH: 218 feet
THE~CHAIRMAN: How long is it?
HENRY SMITH: About 678 feet'
TMM. CHAIRMAN: When did you buy this property?
HENRY SMITH:.About 20 years ago.
THE CHAIRMAN: That was longbefore' zoning came into effect.
Is there anyone who ~wishes to speak in favor'ofthis application?
Do you have anything to add to the application?
HENRY~SMITH: No~ I have nothing to add toit' Iiask that
the application be granted.
HOWARD SCHWARTING: Where does that road go?
HENRY SMITH: Out to Peconic Lane,
HOWARD SCRWARTING: Isn't there any other way
HENRY 'SMITH: You can use Carroll Avenue.
out ?
HOWARDSCHWARTING~ HOW wide is this road?
~R. HULSE: It is 50 ft' widei
Sou%hold Town Board of Appe~ls -9- June 25, 19~
HOWARD SCRWARTING: What is the zoning there?
HENRY~SMITH: It is residential.
THE CHAIRMAN: Is there anyone else who wishes to speak for
this application?
(There was no response.)
THE CHAIRMAN: Is there anyone who wishes to speak against
this application?
(The~e was no response.)
THE CHAIRMAN: Are there any other questions?
(There was no response.)
THE CHAIRMAN: I would like to ask a question. Are these
lots on the new road?
HENRY SMITH: No, on Carroll Avenue.
THE CHAIRMAN: And there are lots behind them?
HENRY'SMITH: Yes.
THE CHAIRMAN: Will you be able to get 100 ft. frontage on the
lots on the new road?
HENRY'SMITH: Yes.
HOWARD SCHWARTING: Will you have to get another variance?
HENRY~SMITH: No, they have 100 feet. '
After investigation and inspection the Board finds that
Henry'Smith wishes to divide two olots and set aside a 50 ft~
right-of-way~ This right-of-way will be cutting off some of
the frontage of the lots, h~ever it is needed to reach the
applicant,s industrial property in back ofthe residential propertyl
The houses built on these lots will be ninlkeeping with the
other one family dwellings on Carroll Avenue. The further
development of this property will be within the requirements
of the Ordinancel
Southold Town Board of App~ls -10- June 25,
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance does observe
the spirit of the Ordinance and willnot change the character
of the district.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that Henry Ji Smith~ Peconic Lane, Peconic, New
York, be granted permission to divide lots with insufficient
frontage on property located west side Carroll Avenue, Peconic,
New York. There will be no side yard variances granted for
houses built on these lots.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mrl Hulse~
PUBLIC HEARING: Appeal No, 677 - 8:00 P.M.(E.D.S. TJ), upon
application of Cecil Young, Main Road, Laurel, New York, a/c
J. Myron Young, Main Road, Laurel, New York~ for recognition of
access in accordance with the State of New York Town-Law, Section
280A~ Location of property: Right-of-way north side Peconic
Bay Blvd., bounded north by'Main Road-Hill, east by-Albert Nolte,
south by~Peconic Bay Blvd., west by H. Romanowski. Fee paid $5.00.
The Chairman opened the hea~ing by reading application for
recognition of access, legal notice of hearing, affidavit attesting
to its publication in the official newspaper, and notice to Athe
appli~anto
HOWARD SCPEqARTING: What is the depth of that right-of-way.
CECIL YOUNG: 265 feet.
The Board looked at the map which accompanied the application
and discussed it.
THE CHAIRMAN: When we are in doubt of an access, we ask the
fire chief to look at it.
Southold Town Board of Ap~als
-11-
June 25,
T~E~CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no responsel)
After investigation and inspection the Board finds that
J. Myron Young wishes to obtain approval of access on a 15 ft.
right-of-way. Myron Young owns an interior lot off Peconic
Bay Blvd., and this access is necessary to reach his property.
The Board finds that the access is accessible to fire trucks
and other emergency equipment.
~The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance does observe
the spirit of the Ordinance and will not change the character
of the district.
On motion by Mrl Gillispie, seconded by'Mrl Bergen, it was
.~_ RESOLVED that Cecil Young, Main Road, Laurel, New York, a/c
J. Myron Young, Main Road, Laurel, New York, be granted approval
of access on property located on right-of-way north side Peconic
Bay Blvd., Laurel, New York~ subject to the approval of Mrl Howard
Terry, Building Inspector.
Vote of the Board: Ayes: Mrl Gillispie, Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 678 - 8:10 P.Mj(E.D. SJT.), upon
application of Robert H. Preston, President, Sterling Harbor
Marina, Manhasset Avenue, Greenportt New York, for a special
exception in accordance with the Zoning Ordinance, Article III~
Section 300, Subsection 11, for permission to erect a directional
sign on the property of Sterling-Cemetery Associationl Location
of property: south east corner of North Road,~ and Manhasset
Avenue, Greenport, New York, bounded north by North Road, east by
land of R. Preston, south by Sterling Creek, west by Manhasset
Avenue. Fee paid $5~00~
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing~ affidavit attesting
to its publication in the official newspaper, and notice to the
applicantl
Southold Town Board of App~ls -12- June
The Chairman read a letter from Joseph L. Townse~d, President
of the Sterling Cemetery Association, Greenport, New York, giving
Sterling Harbor Marina permission to put a directional sign on
the property of Sterling Cemetery ASSOciation.
THE CHAIRMAN: We are not willing to give permission to locate
a sign on the property of the cemetery. I suggest that perhaps you
could find some other location. Has the president of the Association
the right to give permission for a sign?
ROBERT PRESTON: I haven't the slightest idea.
THE CHAIRMAN: I still feel the same way about cemeteries.
think it is wrong to put signs on the cemetery property. I should
think there would be someplace else you could put a sign. How about
the lady across the street?
ROBERT PRESTON: Evidently she doesn't want a sign there.
MR. CAMPBELLi Member of Civic Association: It~oesn~t seem
possible that you can grant this without any one here to speak
for the cemetery.
THE CHAIRMAN: You weren't here when we read the letter from
the president of the Cemetery Association giv~g pe~missiono We
wondered if the president had the right to do this.
MR. BERGEN: I don~t doubt that Mr. Preston needs that sight.
but he should see if he could get some other location besides the
cemetery. I don~t know if ewe have the right oto grant a sign
here.
MR. CAMPBELL: That is private property.
THE'CHAIRMAN: We would have to deny a sign here. We can't
possibly grant it.
Anyone else wish to say anything in connection with this
application?
HOWARD SCHWARTING: I think the Board or'Appeals used good
judgement in this case. I sympathize with Mr. Preston,i: but a
sign in the cemetery is out of the question.
THE CHAIRMAN: Would anyone else like to say anything in
connection with this application?
(There was no response.)
Southold Town Board of Apt~ls -13- June 25, L~ ~$4
After investigation and inspection the Board finds that
Sterling Harbor Marina wi~hes to erect a directional sign on
the property of'Sterling Cemetery Association. The sign would
direct people from the North Road to the Marina on Manhasset
Avenue. The Board feels that a cemetery is not a peoper place
to locate a sign. Although the pres~denthas given~permission
to locate a sign on the property of the cemetery~ the Board
questions whether or not he has the authority to do this. The
Board feels that putting a sign in hthe cemetery is not in the
public interest.
The Board finds that the public convenience and welfare and
justice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts will bet
permanently or substantially injured and the spirit of the Ordinance
will not be observed.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that-Robert H. Preston, President~ Sterling Harbor
~arina, Manhasset Avenue, Greenport, New York~i be denied permission
to erect a directional sign on th~ property of Sterling Cemetery
Association, property located south east corner North Road, and
Manhasset-Avenue, Greeenport~ New York.
Vote of the Board: Ayes: Mr?' ~i~lispie, Mr. Bergen, Mr. Hulse.
PUBLIC PIM. ARING: Appeal No. 679 - 8:30 P.M. (E.DoS.T.)~, upon
application of Richard F. Mull~n~ Mullen Motor Sales, Main Road
and Cottage Place, Southold, New ¥ork,~ for a special exception
in accordance with the Zoning Ordinance, Article III, Section 400,
Subsection 9, for permission to install a new and used car lot.
Location of property: south west corner Main Road and Cottage
Place~ Southold, New York, bounded north by Main Road, east by
Cottage Place, south by M. Aksten, west by R. Swezey. Fee paid $5.00.
The chairman opened the hearing by reading application for
special exception~ legal notice of hearing~ affidavit attesting
to its publication in the official newspaper~ and notice to the
applicant.
The word rezoned was used in the application by Mr. Mullen.
This word was used in the wrong sense. Mr. Mullen agreed to
amend the application to read: "I wish the present business property
to be used for the sale of new and used cars".
Southold Town Board of Appe~s -14- June 25, l~J4
On September 6, 1957,~ the Suffolk CountyOperating COm~oration
was granted permission for an automobile Service Station on the
south west corner of Main Road and Cottage Place. This is the
same property which Mr. Mullen is asking to be used as a new and
used car lot.
On motion by Mr. Gillisp~e~ seconded by Mr. Hulse~ it was
RESOLVED that Appeal No. 20, granted September 6, 1957, to
Suffolk County Operating Corporation, for an automobile service
station be withdrawn~ without predjudice to any further application
of Mr. Mullen.
Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen, Mr. H~lse.
THE CHAIRMAN: Getting back to the application of Richard
Mullen. Is there anyone present who would like to speak in favor
of this application?
RICHARD F. MUIJ~N: I wish you would g~ant it because we don't
have any room left.
THE CHAIRMAN: How big is the lot?
RICHARD F. MULLEN: 100' x 140~
THE CHAIRMAN: Is 140~ deep?
RICHARD F. MULLEN: 100' deep.
CHAIRMAN: One of the problems with used car lot is wrecks. Do
you have wrecks?
RICHARD F. MULLEN: We have a junk yard in the back.
MR. BERGEN: How many cars would you put in this lot?
RICHARD F. MULLEN: About 28 cars.
THE CHAIRMAN: Is there anyone present who would like to speak
against this application?
(There was no responsel)
Southold Town Board of'Appeals
-15-
June 25, 1964
After investigation and inspection the Board finds that
Mullen Motor Sales wi~J~es to operate a new and used car lot.
Due to an increase in business this lot is necessary for the
display of cars for sale. The Board finds that this car lot
will be clean and orderly~ since Mullen Motor S~es has a
separate junk yard for wrecks.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will not
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
On motion by Mr. Gillispie~, seconded by Mr. Hulse, it was
RESOLVED that Richard F. Mulllen, Mullen Motor Sales, Main
Road, and Cottage Place, Southold, New York, be granted permission
to install a new and used car lot on property located south west
corner Main Road and Cottage Place~ su3~ject to the following
conditions:'
1. No major repair work shall be performed in the open.
2. NO automobiles, or automobile parts, dismantled or damaged
vehicles and similar articles shall be stored in the open and no
parkingof vehicles other than those being serviced shall be
permitted.
3. Signs to be in accordance with Article /V~ Section 408,
of the Building Zone Ordinance of the Town of Southold.
vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. H~lse.
PUBLIC P~ARi~NG: Appeal NO. 680 - 8:45 P.M.(E.D.S.T.)~ upon
application of Theodore Switsavage, 46-46 Broadway, New York
City, New York, for a variance in accordance with the Zoning
Ordinance, Article III, Section 303~ Article X~ Section 1000a~
for permission to build on a lot with insufficient frontage.
Location of property: east side Marlene Lane~ Mattituck~ New
York~ bounded north by J. MacLellan, east by District 9, south
by other land of ~Switsavage, west by Marlene Lane. Fee paid ~
$5~00.
Southold Town Board of App~ls -16- June 25, 1~64
The Chairman opened the hearing by reading application for
a variance~ legal notice of hearing, affidavit attesting to its
publication in the official newspaper, and notice .o~o the applicant.
THE CHAIRMAN: Is Mr. Switsavage here?
WII~.IAM WICk, ESQ.: No, I am here for him.
and told me what he plans to do with this property.
build a permanent home on this.
He called me
He wants to
THE CHAIRMAN: He proposes to divide the property. When was
this property bought, before the zoning Ordinance?
WILLIAM WICKHAM, ESQ.: As a matter of fact both pieces were
before the Ordinance. The first in 1952 and this particular piece
in 1956, though they are both together now.
THE'CHAIRMAN: What is the setback?
WILLIAM WICKHAM, ESQ.: The setback is 40 feet
THE CHAIRMAN: The only thing hthat bothers me if that asking
for a variance i~ the side yard lines, you are not going to put
a 60 ft. house mn a 75 ft. lot.
WILLIAM WICKHAM,ESQ.: The other houses in the area do not have
side yards of 10' and 15'~
THE CHAIRMAN: Is there no way of cutting this house down
WILLIAM WICKHA~.EEQ.: The builder is heres you could ask him.
If you cut down the house, you cut down the size of the lot.
THE CHAIRMAN: I think the Board will go along with cutting
dow~t~he size of the house. You could detach~dthe garage.
HAROLD LACEY, Builder: If we detach the garage it has to be
5 feet from the line?
THECHAIRMAN: In the rear yard area.
WI?.?.IAM WICKHAM,ESQ.: The house is 48 feet by itself.
Southold Town Board of App~ls -17- June 25~ 1<~4
THE CHAIRMAN: It has to have minimum side yards of 15' and
10'. We are asking here a lot that is too wide to create a
hardship. There is no reason why he can't build it the other
way. This is not created by the Ordinance. He can comply with
the Ordinance. I will go along with this application providing
that he does not vary the side yards at all.
WILLIAM WICKHAM,ESQ.: Ail these lots were here before the
Ordinance came ninto effect.
THE CHAIRMAN: Are there any 50 ft. lots in that?
WILLIAM WICKHAM,ESQ.: I can't answer that.
MR. BERGEN: I think that they are all 75 ft. lots.
THE CHAIRMAN: If you can detach the garage and move it in the
back yard area, it will be okay. It c~n~t be added to the house
if you are only going to have a 5 ft. s~de yard.
~AROLD LACEY: If it is detached you can have 5 feet?
THE CHAIRMAN: Yes. Is there anyone else who wishes to speak
in favor of this application?
(There was no response,)
THE lCHAIRMAN: Are there any other questions?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
Theodore Switsavage wishes to build on a lot with insufficient
frontage. The house~ he proposes to build will also leave
him with insufficient side yards. The Board is not willing
to vary the Side yard requirements, however the applicant may
build on the lot without sufficient frontage. The/lackc of
sufficient sideyards was not created by the Ordinance. This
can be oavoided Dy making the house smaller.
Southold Town Board of App~ls -18- June 25, 1~4
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessarty hardship; t
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance does ubserve
the spirit of the Ordinance and will notchange the character
of the district.
On motion by Mr. Gillispie, seconded by Mr~ Hulse, it was
RESOLVED that Theodore'Switsavage, 46-46 Broadway, New York
City~ New York, be granted permission to build on a lot with
insufficient frontage on property olocated east side Marlene
Lane, Mattituck~ New York, subject to the following condition:
The side yard requirements will not be varied when the lot is
built on.
Vote of the Board: Ayes: Mr. Gillispie, Mr, Bergen, Mr. ~ulse.
PUBLIC HEARING: Appeal No. 681- 9:00 P.M. (E.D.S.T.)~ upon
application of Samuel Copin~ Vice President, Fleet Lumber, Inc.
Route 25, Greenport, New York~ for a special exception in
accordance with the Zoning Ordinance, Article IV, Section 408~
Subsection (b), for permission to erect an on premises wall sign.
Location of property: south side Route 25~ Greenport, New York,
bounded north by Main Road, east by M. Cassidy~ south by Long
I~land Railroad, west by R. ~rown,~Fee paid $5.00.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspaper, and notice to the
applicant.
Mr. Howard Terry, Building Inspector~ and the Board discussed
the signs that were already present ~at Fleet~umber~Inc. The
Board felt that they should act without regard to the non-conforming
signs that are already there.
THE CHAIRMAN,. Is there anyone present who wishes ~to speak in
favor of this application?
(There was no response.)
THE CHAIRMAN: Is there anyone ~er~t who wishes to speak agahst
this application ?
Southold Town Bpard of App~s -19- June 25,
(There was no response.)
After investigation and inspection the Board finds that
Fleet Lumber,Inc., wishes to erect an on premises wall sign.
The sign will be fastened to the front of the building and
will read "ShDwroom". The Sign will be 2' high and 12' long.
The Board finds that by putting up this sign Fleet~Lumber, Inc.
is only using 10 or 15% of the area they are entitled to. This
sign is requested for additional indenification.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or per-
mitted use of neighborhood property and adjoining use districts
will not be permanently or substantially injured and the spirit
of the Ordinance will be observed.
On motion by,Lt. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that Samuel Copin, Vice President, Fleet Lumber, Inc.,
Route 25, Greenport, New York~ be granted permission to erect an
on premises wall sign on property located south side Route 25,
Greenport, New York.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 682 - 9:10 P.M.(E.D.S.T.), upon
application of Samu~ Copin, Vice President, Fleet Lumber, Inc,
Route 25~ Greenport, New York, for a special exception in
accordance with the Zoning Ordinance, Article IV, Section 408,
Subsection (b)~ for permission to erect an on premisas wall
sign. Location of property: south side Route 25, Greenport,
New York, bounded north by Main Road, east by M. Cassidy, south
by Long Island Railroad, west by R. Brown. Fee paid $5.00.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspaper, and notice to the
applicant.
TP~ CHAIRMA~I: Is there anyone present who wishes to speak in
favor of this application?
(There was no response.)
Southold Town Board of App~s -20- June 25, l~j4
T~E CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
Fleet Lumber, Inc., wishes to erect an on premises wall sign.
The sign will be fastened to the front of the building and
will rea~ "Building". The sign will be 2' high and ~2' long.
The Board finds that by putting up this sign Fleet Lumber, Inc.
is only using 10% or 15% of the area they are entitled to for
wall signs. This sign is requested for additional idenification.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or per-
mitted useof neighborhood property andadjoininguse districts
will not be permanently or substantially injured and the spirit
6f the Ordinance will be observed.
On motion by Mr. Giliispie, seconded by Mr. Bergen, it was
RESOLVED that-Samuel Copin~ Vice President, Fleet Lumber, Inc,
Route 25, Greenport, New York, be granted permission to erect an
on premises wall sign on property located south side Route 25,
Greenport, New York.
Vote of the Board: Ayes: Mr. Gillispie~ Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 683- 9:15 P.M.(E.D.ST.), upon
application of'Samuel Copin, Vice President, Fleet Lumber, Inc.,
Route ~5, Greenport, New York, for a special exception in
accordance with the Zoning Ordinance~ Article IV, Section 408
Subsectio (B)~ for permission to erect an on premises wall
sign. Location of peoperty: south side Route 25, Greenport,
New York, bounded north by Main Road, east by M~ Cassidy,
south by Long Island Railroad# west by R. Brown. Fee paid
$5.oo.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing~ affidavit attesting
to its publication in the official newspaper, and notice to,he
applicant.
Southold Town Board of App~ls
June 25,
THE CHAIRMAN: Is there anyone present who wishes to speak
in favor of this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present, who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
Fleet Lumber, Inc., wishes toerect an on premises ~wall sign.
The sign will be fastened to the front of the building and
will read "Materials". The sign will be 2'hSgh and 12' long.
The~Board finds that by putting up this sign Fleet Lumber, Inc.,
is only using 10% or 15% of the area they are entitled to for
wall signs. This sign is requested for additional idenification.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or per-
mitted use of neighborhood property and adjoining use districts
will not be permanently or substantially injured and the spirit
of the Ordinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that-Samuel Copin~ Vice President, Fleet Lumber~ Inc.,
Route 25,. Greenport, New Y~rk,. be granted permission to~rerect an
on premises wall sign on property located south side Route 25,
Greenport~ New York~
Vote of the Board: Ayes: Mrl Gillispie~ Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 684 - 9:30 P.M. (EjD. ST.), upon
application of New York Telephone Company, 140 West Street, New
York~City, New York, for a special exception in accordance with the
Zoning Ordinance~ Article III, Section 300, Subsection 6a~ for
permission to install a coastal harbor radio-telephone receiving
station on the property of Mattituck Park District, known as
"Mattituck Veteran's Memorial Park", Mattituck, New ~ork~ Location
of property: south west side-Peconic Bay Blvd., and Bay Avenue,
Matt~uck~ New York, bounded north byPeconic Bay Blvd., east by
Bay Avenue, south by Bay, west by Allyan Realty Corp., right-of-
way, and others. Fee paid $5.00.
Southold Town Board of Appeals
-22-
June 25, ~84
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing,, affidavit attesting
to its publication in the official newspaper, and notice tothe
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
in favor of this application?
WILLIAM WIC~,ESQ.: There are a good many people and an
increasing number of boats, and such a structure is a great help
to the time. The structure can't be seen because it is installed
in one of the buildings. The only part you do see is a single
pole with a single antenna. Possibly there is a generator. After
looking around the Telephone Company found this to be the best
location.
THE CHAIRMAN: How far is this from any private owned property?
MR. BERGEN: About 150 feet to ~e north. 350 feet to the
west and an equal amount to the east.
THE CHAIRMAN: SDoes the park have any other installations that
are on the park district?
WILLIAM WICKPL%M,ESQ.: This was done as a public service°
THE CHAIRMAN: Who decided on this location?
WILLIAM WICKHAM,ESQ.: The Telephone Company. Theyfound
this location satisfactory.
MR. BERGEN: It is direct to Montauk over water.
n THE CHAIRMAN: This ia a relay from Montauk?
MR. BERGEN: ~iShips from Montauk can be reached by this~
WILLIAM WICKPLAM, ESQ.: It is completely automatic~
THE CHAIRMAN: Will they pay rent for the use of this
property?
MR, BERGEN: They don't pay rent, but keep up the park and
paint the building.
THE CHAIRMAN: Itisis more like an agreement~
S~Uthold Town Board of~'App~s -23- June 25~
WILLIAM WICEPIAM,ESQ.: Yes, there is no rent,
THECPLAIRMAN: Is there anyone else who would like to say
anythingabout this application?
EUGENE MAZZAFARRO: I have no interest in this application, I
was just wondering if that is a dedicated park or just a name given
to it.
~IAM WICKHAMi, ESQ.: It was just a name given to the park.
EUGENE MAZZAFARRO: Was it ever dedicated?
WILLIAM~NICKPLAM, ESQ,: No it was just named as a siteffor the
veterans after the war.
EUGENE MAZZAFARRO: It doesn't Seem right to put an operation
like ~is in a park that was named for veteransl
WILLIAM WICKPL%M,ESQ.: This is a public service as the use of the
park is, for people who want to use it. For the people who enjoy
boating.
EUGENE MAZZAFFARO: This is going to accept calls?
WILLIAM WICKHAM,ESQ.~ No~2~g is accepted here. It is a
relay station
THE CHAIRMAN: This will be a help to the park association.
EUGENE MAZZAFFARRO: I can't associate the New York~elephone
Company going into something with the veterans name on it. I
don~t think anything commercial should be on this property,
EUGENE MAZZAFFARRO: This will~help everyone, while the park
district is only for a few people.
TPiE CHAIRMAN: I don't see any law being violated here.
EUGENE MAZZAFFARRO: I know, but you asked if anyone wanted
to be heard.
THE CHAIRMAN: If the park association was accepting rent, there
would be a different situation here.
Southold Town Board of Appeal~-/
-24-
June 25, 196~
THE CHAIRMAN: Is there anyone present who would like to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that the
New York Telephone Company wishes to install a coastal harbor
radio-telephone receiving station on the property of Mattituck
Park District. The Board finds that this is the most suitable
l~cation for such an installation. This location is direct to
Montauk over water. The Board finds that the Park Association
is not accepting any money for the use of the premises° This
installation will be a great help tD all people who enjoy boating.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or per-
mitted use of neighborhood property and adjoining use districts
will not be permanently or substantially injured and the spirit
of the Ordinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVE~ that the New York Telephone Company, 140 West Street,
New York City, New York, be granted permission to install a coastal
harbor radio-telephone receiving station on the property of Mattituck
Park District~ Known as "Mattituck Veteran's Memorial Park", located
south west side Peconic Bay Blvd., and Bay Avenue, Mattituck, New
York.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal NO. 685 - 9:45 P.M.(E.D.S.T.)~ upon
application of Shephard M. Scheinbergi. Esq.~ 220 Roanoke Avenue,
Riverhead, New Yo~k, a/c Josephine Housner, 159 Woodhull Avenues
Riverhead, New Y~r~k, for a special exception in accordance with
the Zoning Ordinance~ Article IV, Section 400, Subsection 9~ for
permission to extend permission granted for the sale and service
of motor vehicle, farm machinery~ etc. Location of property:
north east corner of Railroad Avenge, and North Road, Southold~
New York, bounded north by J. Harris, east by F. Abrams, south
by North road, west'by Railroad Avenue. Fee paid $5.00.
Southold Town Board of Appea~.~ -25- June 25~ 196.~J~
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspaper, and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who would like to speak
in favor of this application?
MRS. HOUSNER: We are asking for this to get an un-named tenant
for this place.
THE CHAIRMAN: T~e first tenant was Crabtree, after Kaelin.
MRS. HOUSNER: We had a party from Greenport that was going to
move in there.
THE CHAI~._~MAN: That is wh~tcaused some of the difficulty. They
didn't have a very diesirable business. I think they were body and
fender men. There is a dwelling on this peoprerty, is this occupied
now?
MRS. HOUSNER: No, this residence has never be rented except
when the showroom was being used. This man that used to watch the
showroom lived in the house.
THE CHAIRMAN: There was someone there when we looked at it.
MRS. HOUSE~R: There ~was a tenant there for a short time.
am more interested in the business than the rental of the house.
THE CHAIRMAN: This is all zoned business?
MRS. HOUSNER: Yes.
THE CHAIRMAN: Doesn't part of this encroach on the line?
MRS. HOUSNER: I don~t know. I really don't understandthat.
THECHAIRMAN: Part of this building is within eight inches of
the county line. Is that whyCrabtree-O'Keeffe didn't take the
property?
MRS. HOUSNER: They were going to open up in the spring of the
year, then Mr. O'Keeffe felt that he wasn't wanted in Southold.
Southold Town Board of Appe~Zs
-26-
June 25, 15~4
THE'CHAIRMAN: I think the Board may have been in error
when they first granted granted this application. However, our
Ordinance requires a special excDption for a public garage. When
we granted this the first time, we put certain restrictions on
it.
MRS. HOUSNER: We accepted your decision on that.
THE CHAIRMAN: I think this should be granted without reference
to the type of business.
MRS. HOUSNER: We wan% an un-named tenant.
THE CHAIRMAN: The un-named tenant is to use the place as a
public garage is that right?
MRS. H~USNER: Yes.
THE CHAIRMAN: I think you should move that house off the
property.
Is there anyone present who would like to speak against this
application?
There was no response.)
After investigation and inspection the Board finds that
Josephine HQusner has property in Southold which has been used
as a garage. Now she again has tenants for~the property, however
she is requesting ~at this property may be used by other and
new tenants if the opportunity arises. This will now be used
for the sale and service of farm trucks, tractors~ and other
relative vehicles, and the sale and serv~de of industrial equipment.
The Board finds that these buildings were on the premises prior
to the Zoning Ordinance for the sale and service of farm machinery.
This is in a "B" Business District were public garages are permitted
by a special exception from the Board of Appeals. The Board finds
that is better to grant this without naming a certain tenant.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will not
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
Southold Town Board of Appeal~J -27- June 25, 196,-~
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that Shephard M. Scheinberq, Esq., 220 Roanoke Avenues
Riverhead, New York, a/c Josephine Housner, 159 Woodhull Avenue,
Riverhead, New York, be granted permission to use premises in
Southold for the sale and servic~ of farm machinery and other
relative vehicles, and the sale a~d service of industrial equipment,
on premises located on the north east corner of Railroad'Avenue,
and North Road, Southold, New York, subject to the following
conditions which apply to all public garages:
1. No major repai~ work shall be performed in the open.
2. Pumps, lubricating and other devices shall be located at
least fifteen (15) feet from the line of any street or highway~
right-of-way, or property line.
3. Ail fuel oil or similar substances Shall be stored at
lesat fifteen (t5) feet distant from any street or lot line.
4. No automobiles, or automobile parts, dismantled or damaged
k~hicles and similar articles shall be stored in the open and no
parking of vehicles other than those being serviced shall be per-
mitted.
5. Signs to be in accordance with Article IV, Section 408,
of the Building Zone Ordinance of the Town of Sout~ld.
Vote of theBoard: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No. 686 - 10:00 P.M.(E.D.S.'T.), upon
application of S.T. Soge, Treasurer, Island's End Golf and Country
Club, Inco, Route 25,~ Greenport, New York, for'a special exception
in accordance with the Zoning Ordinance, Article III, Section 300~
Subsection 11, for permission to renew and relocate an on the premises
idenification sign granted June 25, 1962. Location of property: north
side Route 25, Greenport, New York, bounded north by other land of
applicant~ east by Leroy Brown, south by Route 25, west by Warren~
Critchlow. Fee paid $5.00.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspaper, and notice to the
applicant.
Southold Town Board of Appe~s -28- June 25, lb_~
THECHAIRMAN: Is there anyone present who would like to speak
in favor of this application?
MR. RICTOR: We would like to move this sign a little further
to the east.
T~E CHAIRMAN: Do you have an application for a change of zone?
M~. RICTOR: For the ClubHouse.
LTHE CHAIRMAN: I can't see anything wrong with this sign.
There was some discussion about how much of the club was
private and the percentage of business done from the public.
It seems that the club is being run as a business, howeuer it is
not zoned business.
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
Island's End Golf and Country-Club wishes to erect an on premises
idenification sign. The sign will read the same as before "Island's
End Golf and Country Club, Inc., Greenport, Long Island, N.Y."
This will be a ground sign~ The Board finds that this sign is in
the public interest~of the Town of Southold in relation to place
of recreation.
The Board finds that the public convenience and welfare and
jmstice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will not
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
On motion by Mr. Gillispie,~ seconded by Mr. Hulse, it was
RESOLVED that Is~nd's End Golf and CountryClub~ Inc.~ Route
25~ Greenport, New York~ be granted permission to renew an relocate
an on the premises deidenification sign~ on premises located north
side Route 25~ Greenportt New Yorkt subject to the following
conditions:
1. The sign shall be 5 feet from any property line or highway
line.
Southold Town Board of Appea_~
-29- June 25, 19._j.~
2, The sign shall be at least 3 feet from ground level
31 Subject to a change of zone~ the word "Restaurant" may
be added to the sign.
Vote of the Board: Ayes: Mr. Bergen, Mr' Gillispie,~ Mr' Hulse'
PUBLIC HEARING: Appeal Noj 687 - 10:iS~P.M.(E.D.S.T.)~i upon
application of!Alfred Kneski, Middle Road, Mattituck, New York,
a/cPauline Kneski, Middle Road,~ Mattituck, New York, fora
variance in accordance with the Zoning Ordinance, Article III~
Section 303, Article X~ Section 1000a, for permission to divide and
build on a lot with insufficient frontage. .Location ofproperty:
south side Middle Road (CR 27A)~ Mattituck~ New York*i bounded north
by Middle Road (CR 27A)~ east by J. Blasco, south by-Sound Avenue,
west by A~ Walgo. Fee paid $5.00.
The Chairman opened the hearing by reading application for
variance# legal notice of hearing~, affidavit attesting to its
publication in the official newspaper, and notice to the applicant.
THE~CHAIRMAN: Is there anyone present Who wiShes to speak for
this application?
MR, KNESKI: I do,
MR. HULSE: How wide is the lot?
MR.. KNESKI: About 53 feetl
THE: CHAIPd~: When did you buy this lot?
MR, KNESKI: It was handed down to me from my father about 1920.
THE CHAIRMAN: You can't vary the side yards~
MR, BERGEN: We already told him~that'
The Chairman explained to Mrl Kneski thataccess permission
would be needed from the County~~
THE CHA~: Is there anyone present who wishes to speak
against this application?
(There was no response')
Southold Town Board of Appea~ -30- June 25,
After investigation and inspection the Board finds that
Alfred Kneski wishes to divide and build on a lot with insufficient
frontage. This situation was created by the County taken some
of the property for the new road. This property has been in
single and separate ownership since 1920.
The Board finds that strict application to the Ordinance will
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike
in the immediate vicinity of this property and in the same use
district; and the variance does observe the spirit of the Ordinance
and will not change the character of the district.
On motion by Mr. Gillispie, seconded by Mr. Bergem, it was
RESOLVED that Alfred Kneski, Middle Road, Mattituck, New York
a/c Pauline Kneski, Middle Road, Mattituck, New York, be granted
permission to divide and build on a lot with insufficient frontage,
on property located south side Middle Road (CR 27A), Mattituck,
New York.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse.
The Following letter was sent to Captain Martin Wuersttin,
King Street, New Suffolk, New ¥~rk, who appeared ~efore the Board
for an informal discussion:
Dear Mr. W~e~stlin: It was the opinion of the Board of Appeals
on June 25, 1964, that Captain Martin Wuerstlin may operate a
residential marina, east side Narrow River Road, Orient, New York,
for which a special exception was granted to Edward H. King.
The Board of Appeals was informed of the purposes for which
Captain Wuerstlin proposes to use the marina for as lessee of this
marina. The Board feels that any uses other than the ones listed
below would require additional consultation of the Board of Appeals.
The following uses are proposed by Captain Martin Wuerstlin:
1. Harbor and store boats going to local residents, either
full time or part time residents of the Town of Southold.
2. Sell gas and oil to the owners of the above, as well as to
any local owners of boats.
" Southold Town Board of Appea~ -31- June 25, 196~
"3. Bai~tackle, and soda may be sold. (no drinking water
available on the premises. )
"4. Rent boats and or moto~ tO residence of the Town of
Southold and their guests by-the day, or for a longer period.
"5. The number of boats which Captain Wuerstlin proposes to
rent is 6, and the maximum permitted in this particular operation
is 10 boats and or motors.
"6. All parking for this marina should be back off the highway.
"Very truly you~, /s/ Robert W. Gillispie, Jr., Chairman,
Southold Town Board of Appeasl."
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the minutes of the Southold Town Board of
Appeals dated June 11, 1964 be approved as sub~ittedo
Vote of the Board: Aye~:eM~. Gillispie, Mr~ Bergen, Mr. Hulse°
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board or-Appeals set 7:30 P.M.
(E.D. ST.), Thursday, July 9, 1964, at the Town Office, Main Road,
Southold, New York, as the time and place of hearing upon application
of Edward Ford, South Harbor Road~ Southold, New York, for recognition
of access in accordance with the State of New York Town Law, Section
280A. L~ ation of property: east side South Harobr Road, Southold,
New York, bounded north by-W.C.' Chapek, and others, south by land
of E. Ford, west by South HarbbrlRoad.
vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr~ Hulse.
On motion by Mr. Bergen, seconded by Mr~ Hulse, it was
RESOLVED that the Southold Town Board of Appeals set 7:40 P.M.
(E.D.S.T.)~ Thursday, July 9, 1964, at the Town Office, MainRoad~
Southold, New York, as time and place _ofhearing upon application
of Land and Sea Motor Sales,. Inc., Main Road, Mattituck, New York,
for a special exception in accordanc~ with the Zoning ordinance,
Article IV, Section 400, Subsection 9~ for permission to install
a parking lot for the sale of used cars. Location of property:
southwest side Main Road and Bay Avenue, Mattituck, New York, bounded
north by Main Road~ east by Bay~venue~ south by'E.W. Wilsberg,
Southold Town Board of Appe~
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June 25, 19b~
west by Eo ~. Wilsberg.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr, Hulse.
On motion by Mr. Hulse, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set 8:00 P.M.
(E.D.S.T.), Thursday, July 9, 1964, Town Office, Main Road, Southold,
New York, as time and place of hearing upon application of Fredrick and
Rosemary Gagen~ 711 Front Street, Greenport, New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 300, Subsection 11, and Article X~ Section 1007, Subsection
for permission to change a tourist sign to a real estate sign, and
for permission tocchange the use of the premises. Location of property:
south side Front-Street, Greenport, New York, bounded'north by Front
Street, east by Ernest F. Richter, south by O. Goldin, west by-C° Magoey.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen~ Mr. Hulse.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set 8:15 P.M.
(E.D. ST.), Thursday, July 9, 1964, at the Town Office, Main Road,
Southold, New York, as time and place of_~hearing upon application
of Jo Richard Holmes, Mill Road, Mattituck, New York~ for a special
exception in accordance with the Zoning Ordinance, Article III, Section
300, Subsection 11~ for permission to erect a directional sign on the
property of Benjamin Jazombek. Location of property: south side
Sound Avenue~ west or'cox Neck Road, Mattituck, New York, bounded
north by Sound Avenue, east by-Charles Jazombek, south byBarbara
Jazombek, west by Barbara Jazombek.
Vote of the Board: Ayes: Mr. Gillispie, Mr' Bergent Mr. Hulseo
On motion by Mr. Bergen~ seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals set 8:30 P.M.
(E.D. ST.)~ Thursday~ July 9, 1964, at the Town Office, Main Road,
Southold, New Tork~ as the time and place of hearing upon application
of J. Richard Holmes, Mill Road, Mattituck, New Y~k, for a special
exception in accordance with the Zoning Ordinance, A~ticle III,
Section 300, Subsection 11, for permission to erect a directional
sign on the property of James Norris. Location of property: north
west side Sound Avenue and Cox Neck Road, Mattituck, New York, bounded
north by W. Chudiak, east by Cox Neck Road, south by Sound Avenue,
west by Hallock-Chudiak.
Southold Town Board of Appea~
-33-
June 25, 19b~
Vote of the Board: Ayes: Mr~ Gillispie, Mt. Bergen, Mr. Hulse.
On motion by Mr, Hulse, seconded by ~Lr. Gillispie, it was
RESOLVED that the South~ld Town Board of Appeals set 9:00 PiN.
(E.D.S.T.)~. Thursday, July 9,. 1964, at the Town Office, Main Road,
Southold, New York, as time and place of hearing upon application
of J~C.P. Contracting Corporation, 958 Church Street, Baldwin, New
York, for a variance in accordance with the Zoning Ordinance, Article
III, Section 300, for permission to install a temporary contractors
yard for state highway improvement work. Location of property: north
side Ackerly Pond~Lane, Southold,~ New York, bounded nort~ and east
by land of W.C. Bolenius, south by Ackerly Pond Lane, west by land
of W.C. Bolenius.
Vote of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse.
The next meeting of the Southold Town Board of Appeals will
be ~eld at 7:30 P.'M.(E.D. ST.), Thursday, July 9, at the Town Office~
Main Road, Southold, New York.
Meeting adjourned 1:00 A.M.
Respectfully submitted,
Barbara L. Carroza, Secretary
APPROV f