HomeMy WebLinkAboutZBA-09/05/1968 APPEAL BOARD
MEMBERS
Robert W. Gillispiz, Jr., Chairman
Robert BcrBcn
Charles Grcgonis, Jr.
S~rg¢ Doyen, Jr.
Fred Huls¢, Jr.
Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y.
lelcphon¢ SO 5-~660
MINUTES
sOUTHO~D TOWN BOARD OF APPEALS
September 5s 1968
A regular meeting of the Southold Town Board of Appeals was
held at 7~30 P,Mo, Thursday, September Ss 1968, at the Town Qfflce,
Main Road~ $outhold, New York.
There were present: Messrs: Robert W. Gillispiel Jr., Chairman;
Robert Bergen, Fred Hulse, Jr., Charles Grigonis, Jro~
Absent: Mr. Serge Doyens Jr.
PUBLIC~ARING: Appeal No. lZO1 - 7:30 P.M.(B.D.S.T.), Upon
application of Robert A. and Phyllis A. Graeb, Wood¢liff Drive,
Mattltuck, New York, for permission to divide lots and fez approval
of access to two lots in accordance with'the State of New York
Town Laws Section 280A. L&~ation of property: private road off east
side Ole Jule Lanes Mattituoks New York, bounded north b~ private
right of ways east by private right of'ways south by Schiller and
Zebroski, west b~ Starch, Fee paid $5,00.
The Chairman opened the hearing by reading the application
for vaiianoe and approval of accesss legal notice of hearings
affidavit attesting to its publication in the offi~al newspapers
and notice to the applioanto
THE CHAIRMAN: The application is accompanied by a a~urvey, Is
there anyone present whewishes to speak in favor of this application?
RICHARD LARKs ESQ,} I am from William Wiokham~s office and
represent the applicant, I understand an application was made in
1962 under Section 280A of the T°wn Laws and access was given to the
owner of the property at that times to Julius Zebroski. It was for
one lot and under the condition that'he would improve the right of
way so that you could get in and out, I understand this has never
been done. The applicant has decided to divide the lot in two and
put'in an oil road and improve to a width of 10 feet, Sos number
ones what ~he'building inspector req,,{red in 1962 could be
completed now, This is the main reason it was den~ed by the building
inspectors the access had never complied with the variances
Southold Town Board ~f Appeals -2- September 5s 1968
THB CHAIRMAN: Who owns the right ~f wa~?
LARK: Julius Zebroski.
CHAIRMAN= Has it ever been improved to 25 feet?
HOWARD TEP/~Y. Building ~sp~ctor~ They started itt but never
finished it.
THE CHAIRMAN: Now you have a new owner ?
MR. LARK: Yes. I understand the property has changed hands
many times. The application is by the present owner. They propose
to diiide as shown on the survey by Van Tuyl.
THE CHAIRMAN: ~ach ~f the new lots will have adequate square footage.
MR. L~K: Yess they will have the acreage.
THB CHAIRMAN: ~ne is 12~575 square feets the other is 12s570 square
feets one of which will he 66 1/2 feet facing the d~edged canal. The
new o~ners have this right ~f way in their deed~ We hesitate to give
aocess over property that isntt
~:~. L,ARK~ The deed does give right of way and describes the
right of way as you see ~ on the survey.
~4~, LARK: It is overgrown now.
MR. BgRG/~N: Who w~11 ~_~i?_ta~n it in the~u ture?
MR. LARK: It will he up to the land owner. Be~ore he can put
anythin~ ins he will oil it. I have a copy of the contract which
describes the right of way. (presented copy of contract to the Board
for their i~formation). As I said it has changed hands many t~s.
TH~ CHaPMAN: Are there ~ny other qUesti~?
(There was no response.)
Tiffs CHAIRMAN:Anyone else wish to speak in fa,vt of this application?
(There was no response,)
THB CHAIRMAN: Is there anyone present who wishes to speak against
this application?
MR. JO~N KLANS: I will speak against it. I live on K~ause Road
Mattituok. Be~ore I askany questions concerning thiss has it been
established this isthe true figures of the lines that will be
established?
TH~ CHAIRMAN: The proposed dividing line is from the survey
made in 1968 by Vail Tuyls showing the proposed division of these
lots. He is not asking for division of lots.
5outhold Town Board ~Appeals
-3- Oeptember 5s 1968
HR. I{LAG~S; He is asking for the division ~f one of the ~wo lots.
is that correct?
TH~ CHA~ MAN: He is as~i-9 for the division of this pei~e of
property here. The To~m zoning ordinance requires 100 feet frontage
on a highway or approved access. The prescribed area is 12s500 square
feets this works out to 100 feet by 125 feet. (The Chairman ~howed
· he sruvey of the property in questi~s showing the proposed dividing
line of the property. )
HR. KLAG~S: This 86 feet does not comply with regulations as they
now stand.
CHAIRMAN.. He has more than enough area.
HR. KLANS: Now in regard to the Board of Health Requir~nts
and so on. Is this taken into consideration whether a building
constructed on this ~oad would be able to comply with the Board of
Health. The point I am trying to bring outs based on the lot size
ap~l the fact that the house would co,form to other homes on the
road.can it comply with the Board of Health or willthere he a
violation?
TH~ CHAIRMAN= We are not allowed to established a -i-lmum amount
for a dwelling. We can specify the di.~nsions of the lots and side
yards and so forth. We require at least 850 squa~e feet for a dwelling.
HR. ~LAGE$: That is ~ne of the points made on the application.
That the bdilding constructed would be of the s~ character of
those in the area.
T~ ~HAIRHAN: One of the points made is the properties to the north
and east of these lo~s are moderate sized parcels and m~derate sized
reside~es~ It is believed that the parcel could be better utilized
in two lots with privileges for each lot on the d~eged canal. The lo~aii~
does not warrant a large residence for t/a, whole lot and a amall
residence on the single parcel would be out of character.
HR, I~..AG~.S; It seems to me like double talk,
TH~ CHAIRMAN= We can not say what size ~he house must
HR. H~: It has to he 850 square feet.
HR. KLA~S~ TO divide into two parcels it was denied to the
applicant. It is~ident that he does not comply with ~---ethiag.
TH~ CHAIRMAN: There is no access to the property.
~. ~RG~N: He was ~nied a building permi~ until he could obtain
~. STANLEY STARON~ Wasn't that access always there?
MR. ~RG~N: It has never been approved or improved.
HR, STAR,N: He could still sell it as one lot.
~. HULSB: He woul~ still have to come to use for approval
MR. STARON: He could sell it without cominD here.
T~B CHAIRMAN: This has never come up before because no one
ever asked for a building permit.
MR. STARON: Does the Suffolk County Department of ~ealth
have a minimum lo4 size that they recommend?
THE CHAIR~E~N: In developments they dos They require 2Os000
square feet.. The Town ~dinance has never been.changed. It has
always been 12~$00 square feet.
~. STAR(~: The 20~000 square feet is only the recommendation
of the Suffolk County Board of Health?
MR. ~RG~N: In developments it has to be 20~000 square feet.
~o LARK= The applicant is here and he could speak for himself.
He has spoken with the Board of Health. As long as he has the 100 feet
distanoe or more~ they wet,ntt interested~ wet,ntt ooncerned with
the square footage unless it was four or more lots then they would
be interested.
THE CHAIRMAN: Four or more lots would be a subdivision. They
would test the area before granting permission. We are not cunoerened
with that.
LARK= I know~ I just brought it up.
MRS, MILLS= Before approval is givens does the health department
check to see where the other wells and cesspools are. I have had
three wells in seven years because of detergents and salt water seeping
into the well. We are interested in where their cesspool and well
will be.
~. KL~G~S: Would have to be placed next to the right of way.
It has to have a n~um of 75 feet depth into the lot plus I think
you need 100feet more Erom the cesspool.
T~B CHARIMAN: I can't ass~tm~ to speak for the Board of Health.
Before they permit the location of a water point they would want to
know the locatiun~f other cesspools in the area.
MR. KLAGES~ I beleive it is a 100 foot radius.
HOWARD TBRRY~ You have to submit an application showin~ all other
wells and cesspools before they will even consider the application.
TF~CHAIRMAN= I think that theydomake some test. It may well
be we grant ac,ess to this property and he can't use it because of
Board of Health requirements. That isn't within our oontroll.
Would that no be a health m~tter?
Tf~ CI~IRMAN: What?
kS. MIL~S: More cesspools,
THE C~i~MAN: The Board of HeAth kmmws how may ~hey could put in,
As far as our decision ~ re. we are concerned with the use ~f the land
and z~ning matters. What you are talking about is a Board ~f Health
matter.
kS. MILLS: Before the right ~f way is grante~.' and the property
split~ does the Board ~f Health have anything to saF about it.
THE C~AIRMAN: No, just as we have nothing to say about the
location of well points,
HAROLD WILSE~RG: Once the property is divided the Board of
Health has no alternative. The channel backs up into this property.
We have ~hanged 10 wells for different individuals. We cantor get
any de, peEt'then 10-12 feet just because we cantt 9et any water. You
ca~tt go 40 feet because you 9et salt water. The Board of Health
requires 15 feet from the line with the pools and 15 feet w~th the
well.
THB CHAIRMAN: You could 9et that ~ this property
Not ~without polluting the creek.
THE CHAIRMAN: Did you say Mr, Gzaeb is here?
MR. GRAEB: As long as I comply with the Town Board ~he Board of
Health is not interested unless I was to divide in~o f~ lots. and
they did say that 100 feet is the requirement.
MR. STARON: Does the 9entlem~n have this in writing?
THBCHAIRMAN: It sounds like what they say. I don't think it
matters if this property is divided or not. There.is some question
if you could get the well and cesspool on. YOU could get the cesspool
but maybe not water.
MR. WILSMERG: The Board of Health requires 40 feet. You 9et
salt water here.
THE cHAIRMAN: I don't know where you can §et 40 feet of fresh water.
MR, WILS~RG: Any place that you get hack from the bay you can
get 40 feet of fresh water.
THE CHAIRMAN: I know, In orient there are places you can 9o down
three feet to fresh.water.
N~. WILm~RG: You are still suppo~to try to get it. If you
can't, you.have to sign an affidavit.
MR. GRABB: The middle line is 135 feet in depth. There is an extra
25 feet on the right of way that adds additional distance from the
cesspool and wellpoint. I thi~k that the 100 feet can he made,
Southold Town Board of Appeals -6- September 5s 1968
~o KLAG~S: There are cesspools on this right of way. How much
traffic can it tak~ going back and forth over this.
MR. B~RG~N: How much traffic can ~here be from two cars?
THB CHAIRMAN: The person owning the right of way wou~d maintain
it. This would be to your advantage not disadvantage.
WARREN ULMBT: I own the property to the southv bordering this
particular piece. I am speaking on behalff of m~self amd 43 other
residents in the a~aa. I bought this property severl years
TH~ CHAIRMAN: You are up on Cl, Jule Lane. The property to the
south here is m~ked..,,
MR, ULM~T: That is wrong, I bought that property to enlarge the
property that.was too small. We.are decreasing sizes instead of
increasing it. It just doesn't seem the right thing to do. I have
a house that I built m~self. It cost approximately 35 thousand
dollars. I thi~nk to fence it in by houses on small lots would he
detrimental to my property and to this other lot immediately to the
south.
TH~ CHAIRMAN: You don't own this property and can't dictate
what someone.else can put on it, You made the statement how much
you spent on you house and feel that you are being fenced in because
someone would build on two adjoining lots. That might happen
anywhere where people own lots. What we are trying to consider
is giving access to it. Your opinion as to whether it is detrimental
to your property is not relevant to this hearing.
~. UL~T: We on the petition strongly suggest that it be denied.
I would challenge the correctness of the square footage to begin with
of the individual lots after it is divided into two.
THE CHAIRMAN: I am sure that you know these things are not
a popularity, contest.
MR. ~T: I am e~ressin9 the opinion of the neighborhood.
T~B C~AI~AN: Without giving any pertinent reasons.
~, ULMBT: Because of Health and welfare.
MR. HULSB: Yom say that you question the square footage of these
lots. Do you have anything to shrew that this is incorrect?
~o ULMEI: I, have only my slide-rule.
THB CHAIRMAN: Are you a licensed engineer?
THB CHAIRMAN: Are you a licensed surveyor?
MR. ULM~T: NO.
Southold Town Board ~Appeals
-7-
tember 5~ 1968
TH~ CHAIPd~AN: You qUestion the figures?
MR, ULMET: Yes.
MR, LARK: Ihese figures are by Van Tuyl who is a licensed
surveyor and he did considerable work on it as you can see,
THE CHAIRMAN: You are qUestioning the footage of the two lots
after divided, You are not qUestioning the d/~aensions of this,
MR, ~T: I didn't see the dimensions. I saw the tax map,
THE CHAIRMAN: The tax map is highly incorrect, I get only 15
square feet less, You still question the square footage~
MR. ULMET: Yesssiro I don't mean to mnk~ it a big point,
MR. GRAEB: If this had been less than the minimum requirementss
I would not m~ke.thls application, I made this application after I
had cousidered the requirements of the Town and the Board of Healths
and that I would not be in violation of.the requirements, If it was
i~l ¥iolation oi thc requ/rementss I would not 9o through with its and
I would not have brought the application in, I too llve in ~lattituck,
Some of these people are friends of mine, I live in Browers Woods.
I would not like less than the minimum requirements in Browers Woods
such as these people in Ole Jule Lane area, If that was the cases I
would withdraw it,
MRS. MILLS: Lawyer Wickhamfs representative said there are
small lots all around there. That isn't true, Mine is 100 feet by
200 feet,
MR. GRAEB: There are many small lots on Ole Jule Lane,
MRS, DONALD JOHNSON: We just moved last November, The people
that sold the property to use assured us that nobody could build on
that swamp,
MRS, MILLS: No nice home would be buill on this,
THE CHAIRMAN: I think that we have explained that to you,
If the Board agrees.we will postpone this for later, We will
adjourn this hear~g until later this evening thatfs if no-one
else wishes to beheard,
MRS. MILLS: ~u said how much taaffic could two houses bring.
~Mr. Julius Zebroski owns that swamp pit out there, He intends to
build houses out there,
THE CHAIRMAN: He can't get in that way,
MRS. MILLS: That is what he says. He owns the right of way all
around the c~annel,
TH~ CHAIRMAN: He owns tothe west?
SoutholdTown Board 9Appeals -8- ~ptember 5, 1968
MR. MILLS= Yes,to the west all the way around. Once it is
established there is no telling what will happen.
THE CHAIRMAN: I donft think the Plannin9 Board would approve
a road of that kind,
MR. LIEBEKNECHT= What I want to say has nothing to do with this
road, I am concerned about.the water situation. In Europe the laundry
detergents have been outlawed. When I first came to Mattituck I was
asked by m~ land lord to use soap and.not detergent. These woman
should stop using detergents and use soap.
THE CHAIRMAN= If there is nothing else to be said we will adjourn
this hearing and m~ke our decision later this evening. Thank you all
for coming.
PUBLIC HEARING: Appeal No. 1200 - 7:45 P.M,(E,D.S.T,)~ Upon
application Qf Albert and Thaine Gilli, Washington Avenue, ~reenport,
New York, for a variance in accordance with theZonin9 Ordinance,
Article III~ Section 303, Article X, Section 1000A~for permission ~
reduce frontage. Location of property: noxth side Washington Avenue,
Greenport, New York. Fee paid $$.00.
The Chairm~n read the legalnotice ~f hearing, application for
a variance, affu~avit attesting to its publication in the ~fficial
newspaper, and notice to the applicant.
T~ CHAIRMAN= The appl~ation is accompanied by and Exhibit A.
I will read exhibit A.
'~eference is made to surveys of Lots 16 and 17, attached hereto
as Exhibit "B", owned by Albert and Thaine Grilli~ and survey of Lot
18~ attached, hereto as Exhibit '~", owned by Charles Dimcn. All lots
being part of Map of Washington.Heights, dated December 8~ 1927, and
filed in Office of the Clerk ~f Suffolk County as Map No, 651,
Charles Dimon bought house about twenty-one years ago, being lot
No. 18. On said lot was the house, a garage on the northwest corner
and a driveway from said garage to ~shington Avenue. Said lot is 50
feet front and re~.
Albert and T~ne Grilli bought lots 16 and 17 in 1966 and built
a house on same in1967. When said lots 16 and 17 wire surveyed, for
the first time it was found that the above driveway on lot 18 encroached
upon lot 17 for its entire distance about one to two feet, more or less.
In the spirit of 9cod neighborliness, which must fit one of the high
sounding phrases of the Preamble of the BuildingZone Ordinance of the
Town of $outhold (maybes.the very much abused expression, fGeneral
WelfareS), Mr. Grilli offered to sell his neighbor~ Mr. Dimon, a five
foot strip off his easterly boundary. In that way the t~3 neighbors
could gaze upon their estates and know the driveway was now where it
should be, even though nothing was changed. A person in the neighborhood,
gazing from his estate to the east, west, north and south~ could
asoertaln no difference; Mr. Grilli~s house was where it always was,
so was Mr. D~mon's, and so was the culprit driveway~ only that non-
'Southold Town Board }Appeals
-9- Otember $~ 1968
visable property line had been changed so there was no evil
encroachment. Everyone shook hands and thought how well they had handled
the vexing matter o~ the encroaching driveway.
This mood, however desirous~ was not to prev~l. If the two
neighbors involved were happy~ if the adjoining neighbors were unable
to ascertain any difference and therefore were assumed to be happy~
a black cloud began to appear upon the horizon.
Bureauracy reared its ugly head. It seemed, though nothing had
c hanged~ and even though the spirit ~f.the neighborliness prevailed~
that this happy solution violated the Building Zone Ordinanc$, Town
~f Southold, Suffolk County~ New York,.in which Town said premises were
located. The Sections violated by this seemingly harmless solution to
a vexing problem were set out in an ORDER TO REMEDY VIfLATION, dated
August 7, 1968 and executed on behlaf af said Towa by.HOward Terry~
Building Inspector. The sections cited as violated were Art. III, Sec.
303 and Art, X,
Leaving aside the question as to wheter ART. III, Sec. 303A, Size
ef lot axea~ which provies fin the fA" Residential.and Agricultuxal
District~ no build{n9 shall be erected or altered on a lot having an
area ~f less than twelve thousand five hundred (12,$00) square
feet and a frontage uf less than o~e hundred (100) feet~, has been
viblated because the house was erected on lots 16 and 17 when the
original deed showed 100 feet~ there does seem to be a violation ~f
ART. X, Sec. IO00A, which provi~les:
'Ho lot shall be sold, divided, or set ~ff in such a manner that
either the protion solds divided or set off, or the portion remaining
shall have an area of less than that prescribed by this Ordinance for
the district in which said lot is located.."
Also left aside are the questions whether ART. X, Sec. IO00A is
a legal exercise of the Town Board's authority and if it is constitutionals
An application is made, therefoze~ for vaiiance to the Zoning
Ordinance on the grounds stated on Form ZB1 herewith and in the name
of common sense so that this neighborly solution to a vexing problem
ma~ have ~fficial approval, thus satisfying the said preamble to the
said Z(~ng Ordinance.
THE CHAIRMAN: Is there anyone present who wishes to speak for
this application~
IRVING L. PRI]g,3R., ESQ.: I represent the applicant. This
situation is the same as a policeman stopping us on the road and
saying we are 9oing 50.001 miles per house and say we are speeding.
THE CHAIRMAN: It's the s~.~ when you build a house three feet
to close to the road, itfs a violation. What do you do?
Southold Town Board ~f Appeals -lO- September 5, 1968
~. PRICE: What does a policeman do when they see someone going
55 miles pe: hour,
CHAIRMAN: They give some lead way.
PRICE: They use common sense,
THB CHAIRMAN: You can understand under our building zone Ordinance
that woulchl't be possible.
ANy 0~e else for this application?
(There was no response.}
THBCHAIRMAN: I assume that thee, people did thiswithout knowing
that they were in violation ~f the Ordinance.
~. PRICE~ They did it without knowing.
TH~ CHAIRMAN: A co-~{tion should be put on this that no side
yard variances will be granted in the future to lots 16 and 17.
~. PRICE~ That is acceptable.
TH~ CHAI1F~: Is there anyone present who wishes to speak against
this application?
(There was no response. )
After investigation and inspection the Board finds ~hat the
applicant has reduced the frontage ~f the property. This was done
so that the neighbors Dimon, could have the existing driveway without
it encroaching on the property af the applicant. The Board
agrees with all the reasonin9 ~f the applicant as to the reasons
for granting the application applied for, A condition ~f granting
this variance is that no side yard variance may be considered on
the property of the applicant, Grilli~ now or in the future.
The Board finds that strict application af the Ordinance
will prOdUCe prac~cal d/~fieulties or unnecessary hardship;
the hardship created is unique and would not be shaxed by all
properties alike in the {~mediate vicinity of this property and
in the sa~e use district; and the variance does observe the
spirit of the Oralnance and will not change the character of
the districts
motion by Mr. Gillispie~ seconded by Mr. Bergen, it was
RBSOLVBD Albert and Thaine Grilli~ Washington Avenue, Greenport,
New York, be granted permission to reduce frontage on property located
north side Washington Avenue, Greenport~ New Yorks as applie for~
and subject to the above condition.
Vote of the Boardt Ay,ss- Mr. Gilllspie, Mr, Bergene Mr, Hulses
Mr, Grigo~iso
Southold Town Board of Appeals -11- September 5, 1968
Mr. Jack S~e~wcod appeared before the Board in regard to property
presently.owned by Steven Harvey~ formerly owned by Wilbur ~aiser,
located on the north side of Middle Roads Mattituck, A group to be
known as North Fork Youth Center~ Inc., would like to operate this
house as a youth center. This would be a non-profit organization with
and evangelic motive. There are present 8 directors of the corporations
This is no~ directly associated to the North Fork l~btist Church. This
is for all denom~ationso
There would be no more people in tbe home at one time than
re~onnendedby the Matti~uckFire Department. Children wculdbe
able to buy coka and sandwiohes. The sale of religious books would
be a secondary plan on the second floor of the huuse. There would
be no dances, no even~n~ parties, no excessive noise. It is
being considered to fence in the property and provide outdoor sports,
such as volley ball, s~ftball, etc. There will be rules set up which
the children will have to abide by. The age group considered for
this youth center would be Junior and Senior Hi~h, 14 to 18 years
old.
There will be no parking problem in connectinn ~th this
property.
It was the opinion of the Board that this use could be
considered unaer Article III, Section 305 (o), as a club.
On motion by Mr. ~ergen~ seconded by Mr. Gillispie, it was
RESOLVED that the Sou%hold Town Board of Appeals set 7~45 P.M.
Thursday, September 19, 1968· at the Town Offices Main Roads Southold~
New Y~k, as the time and place of hearing u~On application of North
Fork Youth Centre· Inc.~ Middle Road - County Road 27, Matti~u&/c·
New York· for a special exception in accordance with the ~o~i~l~ Ordin-
ance~ Article III, Section 300p subsection $ (c) for ~ermission to
operate a private membership clubs Location of property~ west side
M~ddle Road-County Road 27· Mattituck, New Yo~k · bounded north by
Casbe=s Inc., east by Middle Road~County Road 27s south b~ N= th
Fork~abtist Church, west by Kaiser.
Vo~e of the ~mard: Ayest- ALL
Mr. Chester (]~lowski appeared before the Board for an i-~ormal
discussion on the~operty of Raymond Horgan~ ~eechwood Road~ Cutcho~ue~
in regard to placing a detached garage in the.fro~t yard area. Most
other garages in this area are located in the front yard areas It
was the opinion of the Board that the garage shall be set back at
least 25 feet from the Road.
Southold Tow. Board c~ Appeals -12- September 5v 1968
On motion by Mr. Hulse, seconded by Mr. Grigor~s~ it was
RBSOLV~D THAT the Southold Town Board c~ Appeals set 7:30
Thu~sclay~ ~ptember 19~968~ at the Town C~fice~ ~ Ro~ Southold~
~ York~ as t~ ~ ~d pl~e ~ heari~ u~n applicati~ ~
T, Horp~ ~ech~ Roads ~t=h~ New Yorks for a vari~ce in
acoord~e with the ~n~ ~ce~ ~ticle III~ ~cti~ 3~ Subsection
6~ for ~r~ssion to l~ate accessory buildinpin.front y~d
~ati~ ~ pro~rty: private road (~h~ Road) ~f south s~e
S~folk Ro~s Cutch~ ~w York~ bo~ed north ~ right ~ ways east
~ A, Fo~atos sou~h by ~c~ic ~Ys west by E~ne
Vote c~ the Boardb, Ayes:- AIL
Mr, Terry reported that the case ~f David Strong was upheld in
the Appellate Division and in 30 days he can be ordered to stop
repairs~ etc.
M~, Terry also reported there was a petition from the residents
(if Brushers Creek concerning the operation of Mr, Murray, It has to
be determined how many boats ~e had in 1957, People from North Oak~ood
Drive keep boats in there,
The Board took up the matter of Appeal No, 1201s application
~f Robert A and Ph¥1iis A, Graeb,
After investigation and inspection the Board finds that the
applicants request permission to divide property and obtain approval
of access, The Board approves access from Ole Jule Lane east to
the north east corner of the applicantts property, The findings
~f the Board are that the applicant proposes to divide one lot into
two lotss both of which meet the minimum requirements of the Southold
Town Building Z~leOrdi~a-~e, The Board finds that the problem of
sewage disposal a~d water are in the province of the Suffolk County
Board of Healths ~t within the authority of the Board ~f Appeals or
$outhold Zoning O~inance,
A condition ~f granting this right of way is that the right
~f way shall be im~oved by clearing weedss grass, underbrush, it
shall be graded~ ~nd bank-run to fill in low spOts, The minimum
surface to be impD red shall be 15 feet, This right ~f way shall
be subject to the final approval of the building inspectors
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 ~f this property and in the same use districti
and the variance does observe the spirit uf the Ordinance and will not
change the ~aracter uf the districts
$outhold Town Board c~ Appeals -13-
September $~ 1968
motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED Robert A. and Phyllis A, Graeb~ Woodcliff Drive,
Mattitu~k~ New York, be granted permission %0 divide lots and
obtain approval of access as applied~x on property located on
private road off east side Ole Jul~ e Lane~ Ma~titu~k~ New York,
The right of way shall be improved as set forth above,
Vote of the Board~ Ayes:- M~, Gillispie~ Mr, Bergen~ Mr, Hulse~
Mr. Grigonis.
The following budget was prepared for the fiscal year beginning
January 1~ 196g~
Secretarial assistance at public hearings
Stationary~ form primting and postage
Library and Subscription to Zoning Bulletin
Advertising of legal notices
Telephone
Travel expenses divided as follows~
1o Bstimated expense for three members of
the Board to attend Association of Towns
meeting in New York in Februaxy, $375,00
2, Estimated expense of Mr, Ooyen~ Board
member from Fishers Island for at~emdance
at Board meetings in. Southold, 300,00
3, Bstimated travel expense of ~he Board
to Fishers Islando 125~00
TOTAL TRAVEL EX/~NSE
Remuneration of Board of Appeals~$1750 of which
is renumeratio~ to the Chalrm~n and the balance
representing $1650 to each member~ plus raises
as agreed upon by the CSEA
TOTAL estimated expense of the Board of Appeals
TOTAL estima~d income from appeal applications
600.00
300°00
100,00
1200,00
100.00
800=00
8350.00
$11450.00
500~00
$10950,00
The Board of~ppeals is still firmly of the opinion that
the fee for all ap~ications to the Board should be increased from
~5,00 to $15o00 because of the increased cost of the public notices~
which average about $10.00 per hearing now that we are advertising in
both ~f ~he local papers,
Sou~hold Town Board c~f Ap~e&~s
-14-
~eptember 5~ 1968
The next regular meettn9 of the Southold Town ~oard of Appeals
will be held at 7t30 P,M.~ Thursdays September 19m 1968m ak the
Town Qffice~ Main Road~ Southold, New York,
The meetin~ was adjourned at