HomeMy WebLinkAboutZBA-11/16/1967Southold Town oard Appeals
SouTHoLD, L. i.~ N. TzlephoneSO596d0
APPEAL BOARD
MEMBERS
Robert 'OV. Gillispi¢, Jr., Chairman
Robert Bergen
Charles Gregonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
November 16~ 1967
A regular meeting of the. Southold Town Board cf Appeals
was held at 7:30 P~M.~ Thursday,, November 16, 1967, at the
Town Office, Main Roada Southold,~ New York.
There were present: Messrs: Robert W. Gillispie~ Jr.~
Chairman; Robert Bergen~ Fred Hulse~ Jr.~ Charles Grigonis~ Jr.
Absent: Mr. Serge Doyen~ Jr.
PUBLIC HEARING: Appeal No. 1150 - 7:30 P.M. Upon
application of ~orth Fork-LionSClub~ Greenport~ ~ for
a special exception in accordance with theZoning'Ordinance{
Article III~ Section300~ Subsection 10~ for-permissiont~-erect
and maintain the following offpremises sings: 1) a combination
Rotary~Ctub and. Lions Club sign located on the property~fKing
Greenport~Associates. Location~of property: south east side
Route ~ andChapelLane~ Greeporta New York~ bounded north by
North Road~ ~.R. 27A)~ east by~illage property-A%'C. Pauli~south
by Old Highway-Long Island Lighta west by'Chapel Lane. 2) a
combination Rotary'Club sign and LionsClub sign~ located on the
Property of Fleet Lumber~ Inco Location cf property: south side
Route 25~ Greenport~ New York~ bounded north by'Main Road (Rte 25)~
east byAndrew Cassidy~ ~outh by'Railroad, west by Robert Brown.
No fee required.
$outhold Town Board of Appeals
-2-
Noven~ber'16~ 1967
The Chairman opened the hearing by reading'the
application for a special exception~ legal notice of
hear.ing, affidavit attesting to its publication in the
official newspaper~ and notice to the applicant.
THE CHAIRMAN: The application is accompanied by a letter
from one of the partners of King-Greenport Associates~ addressed
to Mr. Bischoff~ of North Fork-Lions Club.
"Dear Mr. Bischoff:
"Please be advised that'~he LiDns Club has
our permission to place its usual sign on our
property at'Chapel Lane and North Road~ as requested
in your letter of Sept. 10th~ so long as it does
not interfere with or block anything else. on the
property,,, and the necessary mun/cipal consents are
obtained without any expense to us by your organization~
and sign well cared for. Continued success with all
of you~good work--
"King Greenport Associates. By: /s/ Joseph
Morris~ Partner."
THE CHAIRMAN: I also have a letter here from Samuel
Copin.
"October 10~ 1967
"Town of~SoUthol~a Board of Appea~s~.Southold~ N.Y.'
"Gentlemen: We have given permission totheNorth
Fork'Lions Club and the Greenport Rotary'Club to put
a joint sign on our property near ~he west line.
"Verytruly yours~ Fleet Lumber~ Inc,~ /s/ Samuel
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
~There was no response.)
$outhold Town Board of Appeals -3-
November 16,, 1967
THECHAIRMAN: Is there anyone present who wishes to
speakagainst this application?
..(There was no response.)
After investigation and inspection the Board finds~that
the applicant requests permission to erect andmaintain two
combination R~y Club .sign and Lions~Clmb sign on the
properties ofKing Greenport Associates and Fleet Lumber~ Inc.
Both property owners have given written consent-for said signs
to_~e located on their property. It is the opinion of the Board
that the signs in question are in the public interest. The
s~s give the time, dayz and place of the meetings of the
Rotary<Club and the Lions Club.
The Board finds thatthe public convenience ~nd welfare
and justice will be served and the legally established or
permitted use of neighborhood property and adjoining use
districts will not be permanentlyor substantially injured
and the spirit of the Ordinance will be observed.
On motion by Mr, Bergen, seconded by'Mr. Hulse~ it was
RESOLVED that the North Fork'Lions Club~ Greenport~ New
York,. be granted permission to ~rect and maintain the following
off premises signs as applied for. 1) a combination RotaryClub
and Lions Club sign located on the property of'King Greenport
Associates~ south east side Route 27A,~ and Chapel Lane~ Greenport
New York; 2) a combination Rotary'Club Sign and Lions Club sign~
located on the property of Fleet-Lumber~ Inc., southpaw side
Route'25z Greenport~ New York. This permission tis subsect to
the following conditions: ~i~~'~
1. Both signs shall be located at least five ~)feet from
anyproperty, line.
2. Bo.th signs shall be subject to all subsequent changes in
the Southold Town Building Zone Ordinance as it applies to signs.
3~ Both signs~shall be granted for a period of one year,
renewable annually upon written application to the Board of
Appeals.
Vote of the Board: Ayes:- Mr. Gillispie~ Mr. Bergen,;
Mr. Hulse, Mr. Grigonis.
Southold Town Board of' Appeals
November 16,~ 1967
PUBLIC HEARING: Appeal No. 1151 - 7:45 PjM~'(E. SjT~)% Upon
application of Ivan T. Honnett~ 147 DavisAvenue~ White'Plains~.
New Yorka for a variance in accordance with the' Zoning Ordinance~
Article' X,. Section 1007~ Subsection E & Fz for'permission to
rebuild a non-conforming dwelling on a small lot with two dwellings
thereon. Location of property: Orchard. Street~and Third~Street~
New Suffolk~ New York~ bounded north by'Orchard-Street~ east by
Third Street, south by Joseph Kapp~ west by J. E%~ Canneli. Fee
paid $5.00.
TheChairman opened the hearing by reading the application
for a variance~ legal notice of hearing~ affidavit attesting to
its publication in the official newspapera and notice .to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application? Do you have anything to add Mr. Honnett?
MR. HONNETT: Nothing to add.
THE CHA]RMAN: Just now we are trying to hold a hearing to
find out'the fac'ts. If you have anything you would like to add
to this application~, this is the time to do so.
MRj HONNETT: Everything is ~ the application. If I-trYto
improve the property as it is now ..... there 'is alot' of bad timber
in there. We want to live there permanently and I would like to
start from scratch and build the house over.
THE CHAIRMAN:L You want to live in this ~Duse 'permanently?
MR,' HONNETT: Yes. I have an eight room house in White
Plains. I can not keep both houses, tax~s prohibit it. I would
have to sell my house up there and what'I getout'of'that, rebuild
thishoUse. I would like to extend the porch .and the first ft~or
would be 25 feet by 35 feet,~ and whatever the architect designs
for the~ floor.
MR. PU3LSE: What do you use the. house for presently?
MR. HONNETT: We use it in the summer. My son and daughter
in law and grandchildren come down from Buffalo~ I do rent it
one mo~th out of the year to pay the taxes~ interest, and mortgage.
Southold Town Board of Appeals -5-
November 16~ 1967
THE CPL~IRMAN: You own property that is 75 feet by 100 feet.
That is 7500 square feet. The zoning minimum is 12~500 square
feet since 1957. You are enjoying a privilege denied to everyone
else after 1957.
MR.'HONNETT: That was there before this zonhg came 4+o
effect.
THE CHAIRMAN: The reason your application for a building
permit was turned down is this is a non-conforming use. You
are taking a non-conforming building and spending more than
50% on the building¢ that is 5~ of the fair market value. When
you spend more than 5~ you have to come before this Board.
MR. HO~NETT: I don't'know about that.
as the building was there it was alright.
to /~e there all ~ year around.
I assumed as long
The house is not fit
THE'CHAIRMANi The purpose of zon~ is to improve an area.
To improve it is to prevent over-crowding and mis-dse of land.
Something that existed prior to the enactment of the'Zoning
Ordinance will not perish under the new regime. In other words.
after considerable study~ the Zoning Commission set minimum lot
area. which is a good deal less that what the Board of Health
now requires in s~b~ivisions. You have to have 20~000 square
feet for subdivisions. Buildings that are in use face situations
where they'beCome more or less uninhabitableo~ We realize that
50% limit is not very~alistic. If you are going.to use it
you have to improve it. Whatthe Board is particularlyconcerned
with is enlargeing a building that is non-conforming. Property
enlargement policy has followed over the years~ and thatis the
basic concept of zoning. An improvement of the existing
property helps everybody.
The theory behind non-conforming uses was that eventually
they would disappear~ but it doesn't work that ~ay. All these
things that I have said,may be obvious~ The thing that the
Zoning Ordinance can do is prevent situations ~-~ from becoming
worse. If you enlarge that place it becomes worse. I think
probablythe Bomrd would be willing to go along with this if
you propose to keep the same size building that youhave and
modernize that without enlargeing, it.
MR. HONNETT: I am enlargeing part of it. I am bringing
the porch out so to get a house 25 feet by 35 feet.
Southold Town Board of Appeals -6- November 16,, 1967
THE CHAIRMAN: You are enlargeing the porch?
MR. HONNETT: I am not going any closer to the building line.
MR. HULSE: This house is going to be twice the size. That's
an open porch there.
THE CHAIRMAN: As far as the living area is concerned it is
going to be increased.
MR.~ HULSE: You propose to build in the rear also?
MRj HONNETT: No~. not on the back part of the house. Just on
the front, on Third Street. I thought I could just bring the
porch baGk out here and not have too much of an up-stairs. I am
increase~e area.
THE CHAIRMAN: It makes go'sense from a building standpoint~
but not from zoning standpoint. I don't know what this is going to
cost you,. but I think you would be better off to start fresh.
MR2 HON~IET: That is what I would like to do.
THE CHAIRMAN: You want to build a larger size house?
MR.~ HONNET: Yes. A larger dow~ sta~s.
MRS. HONNET: We want a home we can live in all year around.
THE CHAIRMAN: You should buy an adequate piece of property.
MRSj HONNETT: We l~ve tha~ property.
THE CHAIRMAN: I can understand that. This other building
is newer. You could eliminate both these buildings and start
fresh in the, Middle of the lot, You could sell the existing houses
to somebody to move off.
MR. HONNET: Its only % cellar there. It's not worth itl
THE CHAIRMAN: This enlargement is a little beyond anything
the 'Board would go along with. The area you'have is only. 25% of
what is required by the Zoning Ordinance.
Southold Town Board of Appeals -7- November 16, 1967
~I~. H~_~SE:I You.'-can't get a ~9~11 and cesspool in there.
MRS. HONNETT: The~ are already there.
MR. H1JLSE: 'l~ey are too close together;
MRS. HON~ET~: Is it the~ Board'of Health that is turning
us down?
THE CPI~IRMA~: No, this is the Board of Appeals. Is there
anyone else 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
the applicant proposes to rebuild,by more than 50% of present
fair makket value, winterize, and enlarge a small house, one
of two non-conforming dwellings, owned by the applicant on a
corner lot 75 feet by 100 feet, acquired prior to the~passage
of the Zoning Ordinance. Theapplicant would enclose an area
nine feet by 24 feet, including a small open porch, on the
easterly side of the present easterly dwelling, and would
structurally enlarge the attic area by use of dormers. This
house violates the 35 foot set back requirement for front
yards on corner lots, as well as Article III, Section 300,
Subsection i, which restricts the use of residential lots to
single one family, dwellings.
It is determined tha%the proposed expansion of a non-
conforming residential' use, one of two such uses on a lot which
is 4~ smaller than the minimum lot required for'a none family
residential use, would not be in harmony with the general purpose
of this ordinance, will tend to depreciate suzrounding property
values by encourageing the Overcrowding of land.
The Board finds that strict application of the Ordinance
will not produce practical difficulties or unnecessary hardship;
the hardship created is not unique and would be shard 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.
Southold Town Board of Appeals -8- November-16, 1967
On motion by Mr. Gillispie, seconded by'Mr. Grigonis, it was
RESOLVED IvanT. Honnett, 147 Davis Avenue, white Plains,
New York, be DENI~n permission to rebtuld a non-conforming
dwelling on a small lot with two dwellings there on, as applied
for, on property located on Orchard Street and Third Street,
New Suffolk, New York. However~ the applicant may rebuild the
present dwelling, provided there is no enlargement of the first
floor area or structural enlargement of the building.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Hulse, Mr. Grigonis.
PUBLIC HEARING: 'Appeal No. 1152 - 8:00 P.F~.(E.S.T.), Upon
application of Patrick Gorman, Postmaster, Cutchogue,Post Office,
Griffin Street,.-Cutchogue, New York, for a special exception in
accordance with the Zoning Ordinance, Article IV, Section 408
Subsection B, for permission to erect a side wall sign. Location
of property: east side Griffin Street, Cutch~ue, New York,
bounded north by William J. Baxter, Jrt., east by William Kollmer,
south by'Lois Ann Terp, west by Griffin Street. No fee required.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit
attesting to its publication in the official newspaper~ and
notice ~ the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
PATRICK GORMAN: Mr. Chairman, I have nothing more to add,
except what is in the application?
THE CHA~IRMAN: How much confusion is ther~ about'finding
the post office~
PATRICK GORMAN: People are coming into t~e town looking
for the post office, and they have to be directed to it. Stop
on the road and.ask people, "where is the post office". This
is not going to be nailed on the wall. This sign will be painted
right on the wall~ It will be suitable to the community. It
will give the name of the post office, the location, and there
will be a picture of'Mr. Zip.
T~E CHAIRMAN: Would any member of the Board like to add
anything to this.
Southold Town Board of Appeals -9-
November 16~ 1967
MR~ BERGEN: If this sign will prevent one accident I'm
all for it.
THE CHAIRMAN: I~ there anyone present who wishes to speak
against this application?
(There-was no response.)
HOWARD TERRY, Building Inspector: You should recommend
that this sign be limited to the present occupant of the
building and not continued on to any future occuparr~ or owner
of the building.
THE CHAIRMAN: Anything further ?
(There was no response.)
After investiation and inspection the Board finds that
the applicant ~quests permission to erect~a side wall sign
on the Cutchogue Post Office. This side wall sign will be
in lieu of a ground sign, which the applicant would be per-
mitted under the zoning ordin~e. Said sign shall read
U.S.' POST OFFICE, CUTCHOGUE, N.Y. 11935. There will also
be a picture of Mr. Zip. This sign shall be painted right
on the building. The sign will be approximately-'28 feet long
o~erall, and four feet high. It is determined by the Board
this sign is in the interest of the general, public.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or
permitted use of neighborhood property andadjoining use
districtswill not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED Patrick Gorman~ Postmaster, Cutchogue~Post Office,
Griffin Street, Cutchogue~ New York, be GRANTED permission to
erect a sside wall sign on the'Cutchogue Post Office as applied
for. This permission is subject to the following conditions:
1. This use of the s~gn shall be limited to the present
occupantH of the building; and shall not be extended to any
future tenant or owner of the building.
Southold Town Board of Appeals -~D- November 16, 1967
2. This sign shall be subjeCt toall subsequent changes
in ~e Southold Town Buitling zone Ordinance as it applies to signs.
3. This sign shall be granted for a period of one year,.
renewable annualy upon written application to theBoard of Appeals.
Vote of the Boar~ Ayes:- Mr. Gillis~ie ~ Mr. Bergen,'
Mr. Hulse, Mr. Grigonis.
PUBLIC HEARING: Appeal No. 1153 - 8:15 P~MJ(E.S~T.), Upon
application of Peter Popolizio, 6Coraway Road, Setauket,
New York, a/c JosephStrafino & Wf., 36 Burr Road, East North~
port, New York, for a variance in accordance with the Zoning
Ordinance, Article III, Section 304, for permission to construct
a dwelling with insufficient front yard setback. Location of
property: Little Peconic Bay Lane, Southold, New York, lot
number 132 in Cedar Beach Park. Fee paid $5.00.
The Chairman opened the hearing by reading the application
for a~riance, legal notice of hearing, affidavit'attesting to
its publication in the official n~wspaper, and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MRS~ STRAFINO: I am here and I want the house badly. I
didn't'know the land was filled until I had the builder come
down and size it. I have already applied for the mortgage.
The builder didn't ~hink it would be wise to put the foundation
on filled land.
THE CHAIRMAN: This sketch I have here, shows the water
line here.
MRS. STRAFINO: I have the other map here. (Mrs. Strafino
presented a recent survey of the property.)
MR. POPOLIZIO: The water table is the problem.
MR. HULSE: Do you plan to bulkhead the property?
MRS.' STRAFINO: We hope
Southold Town Board of Appeals
-11- November 16, 1967
THE CHAIRMAN: As I understand it part of these lots are
under water. On this particular lot you have pnly one-half
of the lot above water level.
MR. 0POPOLIZIO: I dug a hole about fifty feet from the
road and I hit the water table when I went down about two a~
one-half feet. If I could get the back of the house within
35 feet of the road I would be ingood shape. I would set the
foundation high and then fill in so that it would appear low.
MR. HULSE: Has this land been filled since this survey?
MRS. STRAFINO: No.
MR. HULSE: A little better than half of the lot is out
of water.
THE CHAIRMAN: Bascially the reason for the variance is
because you can't build in the rear yard. One corner of the
house would be in the water with a 35 foot setback. Is this
a private right of way?
MRS. STRAFINO: Yes.
THE CHAIRMAN: How many houses are there south of this
property in question?
MRS. STRAFINO: About four or five house.
THE CHAIRMAN: How many lots?
MRS. STRAFINO: You can count the lots on the original
survey. We intend to fill in more of the land.
THE CHAIRMAN: This map was filed in the Suffolk County
Clerk"s Office and made partof the Zoning Ordinance. What
we are concerned with is andexisting situation that is-part
of the zoning Ordinance. We can't request an enlargement of
the lot. All we are asked for here is a front yard variance.
(Mm. Angelo Petrucci was present and stated that he
had spo~ en to Mm. Popoliz~o's brother about taking fill
into this property. A discussion was held on how much fill
would be need for this property. It was also determined that
fresh water supply from wells is adequate in this area)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application? (There was no response.)
Southold Town Board of Appeals -12-
November 16, 1967
After investigation and inspection the Board finds that
the applicant requests permission to erect a new one family
dwelling with insufficient front yard set back. The Board
finds that part of the lot in question is underwater. It is
the intention of the applicant to fill in more of this land~
and they also indicated that the land would be bulkheaded.
The Board finds that the property in question is lot number
132 on the subdivision map of Cedar Beach Park, situate at
Bay View, Southold, N. Y. , dated September 26, 1926, File
No. 90, filed in the Office cf the Suffolk County~Clerk. Said
map was also made a part of the Southold Town Building Zone
Ordinance as shown insSection 1013, ~), (9). The Board finds
that the applicant is located on a private right of way. To
the south of this property there will be no more than four or
five dwellings, now or in the future.
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 Mr. Gillispie~ seconded by Mr. Bergen, i twas
RESOLVED Peter Popolizio, 6 CorawayRoad, Setauket, New
York, a/c Joseph Strafino & Wf., 36 Burr Road, East Northport,
New York, be GRANTED permission to erect a new one family
dwelling with insufficient front yard setback, as applied for.
Aocation of property: Little Peconic Bay Lane, Southold, New
York.
Vote of the Board:' Ayes:- Mr. Gillispie, Mr. Bergen, Mr.
Hulse, Mr. Grigonis.
PUBLIC HEARING: Appeal No. 1154 - 8:30 P.'M. ~.S.T.)~' Upon
application of Robert Hyatt, Southold, New York, a/c Peter
Bogovic, Oaklawn Av~ue,w~-· Southold, New York, for a variance
in accordance with the Zoning Ordinance~ Article III, Section
305, for permission to erect an addition to an existing dwelling
with insufficient front yard setback. Location of property:
east side Oaklawn Avenue Ext., Southold, New York, bounded north
by Joseph Fisher, east by John Harsbaglia, south by Joseph
Radich, west by Oaklawn Avenue Ext. Fee paid-S5.00.
Southold Town Board of Appeals -13- November 16, 1967
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting
to it~ publication in the official newspaper, and notice to the
applicant.
THE CHAIRMAN: Is there anyone present.who wishes to speak
for this application?
(There was no response.)
THE CHAIRMAN: I think what he has in mind here is more
than a storm door. A seven by 10 feet extension will definitely
affect the area.
HOWARD TERRY, Building Inspector: Most ofthe houses have
a jog on them. If you have any questions about this you can hold
it up and talk to him about it.
THE CHAIRMAN: There is no question. He wants to put up
a seven by 10 foot addition where the setback has already been
established.
Is there anyone present who wishes to speak against this
application?
:(There was no response.)
After investigation and inspection the Board finds that
the applicant requests permission to add a seven foot by 10
foot extension on the front of an existing dwelling. It is
proposed that the addition will be used as an enclosed entrance
to the dwelling. The Board finds that said addition Would project
beyond the other dwellings on the street. It is the opinion of
the Board this addition would in fact violate the e~tablished front
yard setback to the det$~ment of the neighborhood.
_o~e Board finds that strict application of the Ordinance
will~roduce practical difficulties or m3m~x unnecessary hardship;
the hardship created is~ique and would~ be shared by all
properties alike in the immediate vicinity of~t~i~ property and
in the same use district; and the variance does~serve the
spirit of the Ordimance and will change the character of the
district.
Southold Town Board of Appeals -14- November 16, 1967
On motion by Mr. Gillispie, seconded by M_r. Hulse, i t~s
RESOLVED Robert Hyatt, Southold, New York, a/c Peter
Bogovic, Oaklawn Avenue Ext., Southold, New York, be DENIED
permission to erect an addition to an existing dwelling with
insufficient front yard setback, on property located on the
east side Oaktawn Avenue, Ext., Southold, New York.
Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen,
Mr. Hulse, Mr. Grigonis.
Mr. AngeloPetrucci appeared before the Board of Appeals
in regard to the homses at the Hidden Lake Riding Stables. Mr.
Petrucci stated that these homses are riding over his land and
he has on a number of occassions informed Mr. Bittner 'he did
not want the horses on his property. He also stated that his
property is posted on the Soundview Avenue side. Mr. Bittner
was also present and stated that horses from the Hidden Lake
Riding Stables have never been on Mr. Pettrucci's land. All
riding is done onMr. Bittner's property and all riders are
accompanied by an experienced rider from the Hidden Lake Riding
Stables. Mr. Bittner also stated they are following all the
regulations set down by the Board of Appeals. Mr. Bittner
stated it waspossible that riders from the Smithtown Hunt Club
had ridden on Mr. Petrucci's property, however he was not
responsible for them. The Board advised Mr. Petrucci he should
w~ite a letter to the SoUthold Town Police Department'stating
he did not want anyone riding horses on his property. A copy
of this letter should be sent~to Mr. Bittner, and the Board of
Appeals, and then his objection will be a matter of record.
Mr. Bittner also appeared before the Board ~ Appeals
for aninformal discussion concerning his stables located
on the County Highway. When this road is widened his stables
will be locafed 32½ feet from the highway. He plans to build
on to the stables in the spring. He wanted to know if~the
Board would go along with a variance at 32% feet, since it was
impossible to located the addition to the stables at 35 feet
because he could not jog them. The stables have to be in
a straight line/ The Board indicated they would go along with
this proposal.
SoutholdTown Board of Appeals -15- November 16, 1967
The Board took up the matter of Appeal No. 1140, upon
applicatinn of Robert S. Pascale, Rabbit-Lane, East Marion,
New York, for a variance in accordance with the Zoning
Ordinance, Article III, Section 303, Article X, Section 1000A,
for permission to divide propertywith insufficient frontage.
Location of property: north side Rabbit Lane, East~Marion,
New York, bounded north byMarion Lake, east by Crowley, south
by Rabbit Lane, west by Jack Schimatz.
After investigation and inspection the Board finds that
the applicant requests permission to divide prc~rty with
insufficient frontage and area. The Board finds the applicant
proposes to divide property, acquired after the passage of the
Zoning Ordinance, of 111~56 feet in width by 215 feet to 225
feet in depth on Rabbit L~ne on Marion Lake, East Marion. A
substantial portion of this depth has been created by dredging
Marion Lake. .The width of the divided lots would be approximately
56 feet. The hardship is self created, both as to the dredged
portion of the new land and as to the width, which was arbitrarily
determined by the financial interests of partners at the
termination of a partnership. Without emphasizing the danger of
pollution ofMarionAake, and assuming the adequacy of the
proposed off premises water supply~ and~disregarding the fact
that the applicant has proceeded with this projectwithout
prior authorization, the Board's primary concern in this
situation is the creation of 56 foot lots, contravening the
basic lot size of the Ordinance which is 100 feet by 125 feet;
and setting a precedent for the development of narrow lots on
waterfront property. Rabbit Lane is afflicted with a number
of non-conforming narrow lots at the present time and an approval
of the present request would in fact tend to depreciate property
values in the entire area by req~ering tacit encouragement to
others to devebpe property in a similar manner.
Accordingly, the Board finds the proposed use is not in
harmony with the general purposes of the Ordinance, will tend
to discourage the conservation of prop~ty values, will
adversely affect the probable development of residential use
in the area.
The Board finds that strict application of the Ordinance
will not produce practical difficulties or unnecessary hardship;
the hardship created is not unique and wc~d be shared by all
properties alike in the immediate vicinity of this property
-and in the same use district; and the variance does not observe
the spirit of the Ordiaance and will not change the character o f
the district.
Southold Town Board of Appeals -16- November 16, 1967
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED Robert S. Pascale, Rabbit Lane, East Marion,
New York~ be DE~T~.permission to divide property with
insufficient frontage as~lied for on property located on
the north side Rabbit Lane, East Marion, New York
Vote of the Board: Ayes:- Mr. Gilli~ie, Mr. Bergen, Mr.
Hulse, Mr. Grigonis.
On motion by Mr. Gillispie, seconded by Mr. Bergen, i-t was
RESOLVED that the Southold Town Board of Appeals set 7:30
P.M.'(E.S.T.), Thursday, November 30, 1967~ at the Town Office,
Main Road, Southold, New York, as the time and place of
hearing upon application of Calvin Powers, Pinehurst Blvd.~
Calvertson, New York, a/c Vincent~Maltese, 457 3rd Street,
Brooklyn, New York, for a variance in accordance with the
Zoning Ordinance, Article III, Section 304 OR 305~ for'per-
mission to construct an addition to an existing dwelling with
insufficient front yard setback. Location of prc~rty: west
side Sigsbee Road, Mattituck, New York, lot number 36~ in
Mattituck'Park Properties.
Vote of the Board: Ayes:-
On motion by Mr. Grigonis, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set
7~5 P.M.(E. SYTj)'~ Thursday, November 16, 1967, at the ToHn
Officae, Main Road, $outhold, New York, as the time'and place
of hearing upmn application of Ruscon Construction Co., Inc.~
69 Further' Lane, Riverhead, New York, for a variance in
accordance with the Zoning Ordinance, Article III, section 303,
Article X,'Kection 1000A, for permission to divide property
with insufficient frontage and area and use for single family
construction. Location of property: north side Brown Street,
Greenport, New York, lots number 12 and 14 in Greenport Driving
Park.
Vote of the Board: Ayes:_-
Southold Town Board of Appeals -17- November 16~ 1967
On motion by Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED thatthe $outhold Town Board of:Appeals set 8:15
P.M. (E.'S.~.)', Thursday, November 30, 1967, at the Town Office,
Main Road~ Southold, New Yo~k, as the time and place of hearing
upon application of Leroy Brown and James Kavanaugh, a/c
Crescent Beach Riding Stables, for a special ~xception in
accordance with the Zoning Ordinance~ Article III, Sec~on 300,
Subsection 5 (d), for permission toestablish and maintain a
riding academy. Location of property: Dawn-Estates Shopping
Center, Inc., east side Maple Lane, ~rivate road), Greenport,
New York, bounded north by Jj Pj Kavanaugh~ east by District line,
south by J, P. Kavanaugh and others, west by Maple Lane.
Vote of the BoardL Ayes:- ALL
On motion by Mr. Gillispie, seconded by'Mr. Grigonis~ it was
RESOLVED that the minutes of the Southold Town Board of
Appeals, dated October 26, 1967, be approved as submitted.
Vote of the Board: Ayes:- ALL
The next regular meeting of the Southold Town Board of
Appeals will be held at 7:30 P.M., Thursday, November 30, 1967,
at'the Town Office, Main Road, Southold, New Yozk.
The meeting was adjourned at 10:30
Respectfully submitted~
Barbara C. Dittmann, Secretary
Ft ~{uV~D Southold Town Board of: Appeals