HomeMy WebLinkAboutZBA-06/15/1972 SOUTHOLD, L. I., Ni Y. 11g~1
Telephone 765-26~0
APPEAL BOARD
ME~,,ABER
Robert W. Gillispie, Jr., Chairm~n
Robert Bergen
Charles Grisonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
SOU~OLD TOWN BOARD 0F APPEALS
June 15, 1972
A regula~ men. ting of the Southold Town Beard of Appeals
was held at 7:30 P.M., Thursday, June 15, 1972, at the Tows
Office, Main Road, Southold, New York.
Thoro weme present: Messrs$ Robert W, Gtllfspte, Jr., Chairman;
Robert Bergen; C~a~les Grigonis, Jr.; Fred Emlse,
A~sent: Mr. Serge Doyen, Jr.
Also p~esent: N~. Eoward Terry, Building Inspector.
PUBLIC NEARING: Appeal Ne. 1534 - 7:30 P.M. (E.D.S.T.), u~on
application ef Robert Parkin, Bay Avenue, Cutchegue, New York, for
a variance in acce~4ance with the Zoning O~inance, ~ticle III,
~ctien 300 0-2, fe~ a ~e~mtt to Buil~ a swiping ~oel in side
Y~. Loca~iem of p~epe~y: no~th side of Bay Avenue, Cutchogue,
New ~e~k, ~oum~ed an~ ~eso~i~e4: no~h by ~ilty; eas~ by lands
~ew e~ fermer~ ef Pet~ueci; seu~h by Bay Avenue; an~ west by land
n~ e~ fetidly ef ~l~. ~ee ~aid $15.00.
T~e~ O~f~man epene~ t~ he~ing by ~ea~ing the application
for a? v~iance, legal netiue ef he~ing, affi~avit attesting te
i~s ~ubli~atien im ~e official newspapers, and notice to the
T~E CN~2~MAN: The application is accompanied by a sketch
indicating. ~ha$ the house is ena la, ge lot. The area of'the let
is: 253 feet em Bay Avenue, 256 feet on the easterly linc, more
t~an 200 fee~ on the northerly line and 249 feet on the westerly
line. The house is located abomt 12~ feet from the rear line.
~e~thold Te~na Boa~d of Appeals -2-
June 15, 1972
T~E CHAIRMAN: Es there anyone present who wishes to speak
for this application?
(T~ere was no response.)
T]~E CHA~: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection t~e Board finds that the
a~plieant requests a permit te build a swimming peel in side yard
of property located en the north Side of Bay Avenue, Cutchegue,
New York. T~e findings of the Board are that although this is a
large let t~ere is virtually ne rear yard a~ea. The Beard agrees
with the reasoning of the applicant.
Tlue Beard finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be s~a~ed by all properties alike
in the immediate vicinity of this property and in the same use
district; and the variance will no~ change the~character of the
neighborhood and will observe t~e spi~it of fha Ordinance.
On motion by F~. Bergen, seeonded by F~. ~lse, it was
RE~0LVED' Robert Parkin, Bay Avenue, Cut~hogue, New York, be
GRA~ permission to build a swimming peel in side yard area ef
property located en the north side ef Bay Avenue, Cutchogue, New
York.
Vote ef the Beard: Ayes:- Messrs: Gill!spic, Bergen, Grigonis,
lse ~
PI~BLIC ~RI~G: AppealNe. 1551- 7:40 P.M. (E.D.~.T.), upon
applicatiem e~illiam M. Rapp, ~ain Read, Mattituck, New York,
fe~-a variance in aoee~dance with t~ Zoning Ordinance, ~icl~s
~ and VII, ~eti~ 600 C-3a, for pe~mtssion te~enl~ge ~-ound
si~. ~ecatien ef property: corner ef ~in Read and
Avenue, ~tituck, ~ew Ye~k, bounded north ~y G. D~u~and ethers;
~ast ~y Fae~e~ Avenue; s~thby ~im Road; west ~y ~t~ Oil
e~any. Fee ~aid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice ef hearing, affidavit attesting te
i~s pu~lication in the official newspapers, and notice te the
applicant.
Town Board of Appeals -3-
June 15, 1972
T~E CHAIRM~N: Is there anyone presen~ who wishes to speak
for this application?
I~R. WILLIAM M. RAPP: I am here ~o speak for the application.
(M~. Rapp discussed diagram of proposed sign with Board members).
The Chairman asked Nr. Rapp if the Board had granted him a
previous variance. Mr. Rapp replied that they had not.
THE CEAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation amd inspection the Board.finds that
applicant requests permission to enlarge ground sign en property
located on the corner of Main Road and Factory Avenue, Mattituck,
New York. T~e Beard agrees with the reasoning of the applicant.
T~e Boa~d finds that strict application of the Ordinance would
produce practloal difficulties or mnnecessar~ hardship; the hardship
created is mnique and weald not be shared by all properties alike
im the immediate vicinity of this property and in the same use
district; and the variance will not change the character of the
neighBorhoe~ and will observe the spirit of the Ordinance.
On motiem~y N~. Bergen, seconded by Mr. Grigenis, it was
RE~OLVEDWilliamM. Rap~, Main Road, Mat~itmck, New York,
Be GR~..~NTED permission to enlarge ground sign on property located
on the corner of Main Read and Factory Avenue, Mattituck, New
York, subject to the following conditions:
That the lower ~ge of sign shall be not less than four (4)
feet above the gromnd and the upper ~dge of the sign shall not
extend more than fifteen (15) feet s~x (6) inches above the ground,
and the s~gm shall Be se~ back not less than five (5) feet from all
street and p~e~erty lines and shall advertise only the business
conducted eh the premises.
Vote of the Board: Ayes:- ldessrs: Gillispie, Bergen, Grigonis,
Nulse.
PUBLIC NEARING: APpeal No. 1550 - 7:50 P.M. (E.D.S.T.), upon
application of John Larsen, North Road, Southold, New Y~k, for a
special exception in accordance With the Zoning Ordinance, Article
III, Section 300 C-6F, for permission to maintain an off premises
directional sign on premises of Warren Emro, Middle Road, teutheld,
New York, bounded no~th by Middle Road; ~ast by Booth; south by
Eaelin; and west By Kester. Fee paid ~l~.00.
Seutheld Town Board ef Appeals
-4-
June 15, 1972
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 newspapers, and
notice to the applicant.
TEE CNAIRMAN: Is there anyone present who wishes to speak
for this application?
(There was ne response.)
TNE CNAIRF~N: Is there anyone present who wishes to speak
against this application?
(There was no response.)
TEE CNAIRMAN: There is, in the file, written permission
from the owner, Warren Hufe, Jr.
After investigation and inspection the Board finds that
applicant requests permission to maintain an off premises
directional sign 0n premises ef Warren Hufe, Middle Road,
Seuthel~, New York. The Beard finds that the restaurant is
located away from the mainstream of traffic and the management
feels that a directional sign is needed to help prospective
customers locate the restaurant. The Beard agrees with the
reasoning ef the applicant.
The Beard 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. Grigenis, seconded by Nm. Hulse, it was
RESOLVED John Larsen, North Read, Seuthold, New York, be
GRANTED a sl~eclal exception te maintain an off premises directiena!
Sign en premises ef Warren Hufe, Middle Read, Eoutheld, New York,
as applied for, subject te the fellewlng conditions:
The sign te be ne la~ger than 4 feet x 6 feet in size, to be
located ne closer than 5 feet te any property line, permission
te be renewed annually. (Subject to all rules and regulations
governing signs in t~e Town ef S~theld).
Veto ef the Board: Ayes:- Messrs: Gillispie, Bergen, Grigents,
Hulse.
Seuthe!d Town Beard ef Appeals -5-
June 15, 1972
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that Permission te held a yard sale shall be.
subject to the follewingcenditiens (as specified en Page 2 ef
Minutes of the Seutheld.Tewn Beard of Appeals dated June 6, 1972):
1. Permission is for a eno day yard sale to be held ena
specific date, with a specific rain date.
Permission is for the sale ef household and personal
property ef the owner and his family and may net include
property ef ethers unless it is for a charitable purpose.
3. The applicant must provide someone te supervise parking
at the yard sale te prevent blocking neighbors' driveways.
Veto of the Board: Ayes:- Messrs: Gi!lispie, Bergen, Grigenis,
Hulse.
PUBLIC ~RING: Appeal Ne. 1%~9 - 8:00 P.M. (E.D.S.T,), upon
application ef the North Fork Teen Centre, Inc., Route 27A,
Mattituck, New York, for a special exception in accordance with
the Zoning 0rdinanee, Amticle III, ~ection 300, ~u~sectien B-14,
for permission te conduct a yard sale on July l, 1972, rain date
July 8, 1972. Location ef property: north side ef Middle goad,
Mattituck, New York, Bounded north by Kaiser; east by Born;
south by Middle Read; and west by the North Fork Baptist Church.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit
attesting te its publication in the official newspapers, and
notice to the applisant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(There was ne response.)
THE CHAIRMAN: Is there anyone present who wishes te speak
against this application?
(There was ne response.)
After investigation and inspection the Beard finds that
applicant requests permission to conduct a yard sale on July 1,
1972, rain date July 8, 1972. The Board finds that the premises
a~e on a County highway but that applicant has adequate parking
area.
Semibold Town Boa~d ef Appeals -6-
June t5, 1972
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 er substantially injured and the spirit ef
the Ordinance will be observed.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED Nerth Fork Teen Centre, Inc., Route 27A, Mattituck,
New York, be GRA~NTED permission te condmct a yardsale on July l,
1972, rain date Jmly 8, 1972, en the north side of Middle Road,
Mattituck, New York. This permission is subject to the following
conditions: (Conditions ef Resolution of June. 15,.1972)
1. Permission is for a eno day yard sale te be held ena
specific date, with a specific ~ain date.
Permission is for the sale of household and personal
property ef the owner and his family and may not include
property ef ethers unless it is for a charitable purpose.
Se
Veto ef the Beard:
Nmlse.
The applicant mast provide someone te supervise pa~king
at the yard sale to prevent blocking neighborsl driveways.
Ayes:- Messrs: Gillispie, Bergen, Grigo~is,
PUBLIC HEARING: Appeal Ne. 1548 - 8:10 P.M. (E.D.S.T.), upon
application of Isabel G. Samohel, Main Road, Cutchogue, New York,
for a special exception in accordance with the Zoning Ordinance,
Article III, Section 300, ~ubsection B-14, for permission to
conduct a yard sale en July 29, 1972, rain date August 5, 1972.
Location of p~perty: no~h side of ~i.n Street, Cutchogue,
New York, bounded n~rth by ~choel District #8; east by Val ~type;
south by Main Street; and west by E. 0rlewski. Fee paid $15.00.
The Chairma~ opened the hearing by reading the application
for a special exception, the legal notice of hearing, affidavit
attesting to its publication in the official newspapers, and
notice te the applA~ant.
TEE CEAIRNAN: Is there anyone present who ~ishes to speak
for this application?
(There was no response.)
THECNAIRMAN.- Is there anyone present who wishes to speak
against this ap~iicat ion?
(T~!~ere was ne response.)
Town Board of Appeals
-7-
June 15, 1972
After investigation and inspection the Board finds that
applicant requests permission to conduct a yard sale on July 29,
1972, rain date August 5, 1972 on premises located on the north
side of Main Street, Cutchogue, New York.
T~e Beard finds that the public convenience and welfare and
justice will be served and the legally'~established er permitted
use ef neighborhood property and adjoining use districts will
not be permanently er substantially injured and the spirit of
the 0rdinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
~LVED Isabel G. Samohel, Main Road, Cutchogue, New ~ork,
be granted permission to conduct a yard sale on July 29, 1572,
rain date August 5, 1572 on premises located on the north side
of Maim Street, Outchegue, New ~ork. This permission is subject
to the conditions of Resolution of $outhotd Town Board of Appeals
dated June 15, 1972, as follows:
1. Permission is for a one day yard sale te be held ena
specific date, with a specific rain date.
Permission is for the sale of household and personal
property of the owner and his family and may not include
property of others unless it is for a charitable purpose.
3. The applicant mmst provide someone to supervise parking
at the yard sale to prevent blocking neighbors, driveways.
Vote of the Board: Ayes:- Messrs: Gillispic, Bergen, Grigenis,
Emlse.
PUBLIC HEARING: Ap~e~I Ne. 15~7 - 8:20 P.M. (E.D.S.T.), upon
aPPlication of Joyce G, Monk, 130 Oak Street, Cutehogue, New ~ork,
for a special exception in accordance with theZoning Ordinance,
A~ticle III, Section 300, ~bseotionB-!4, for permission to
conduct a yard sale em Jane 17, 1972, rain date June 19, 1972.
Locatiem of property: Oak Street, OutCheg~e, New York, bounded
north By Oak Street; east by Highland; south by the Creek; and
wes? by Felts. Fee paid $15.00.
The C~airman opened the hearing by reading the application
for a special exception, the legal notice of hearing, affidavit
attesting te its publication in the' official newspapers, and
notice to the applicant.
THE CNAIRMAN: ~s there amyone present who wishes te speak
for this application?
(There was ne response.)
Seuthold Town Board of Appeals -8-
June 15, 1972
After investigation and inspection the BOardfinds that
applicant requests permission to conduct a yard sale on June 17,
1972, rain date June 19, 1972, en premises located at Oak Street,
Cutchogue, New Zork.
The Board finds that the public convenience and welfare and
Justice will be served and the legally established or permitted
use ef neig~erhood property and adjoining use districts will
net be permanently er substantially injured and the spirit of
the 0rdina~ce will be observed.
On motion by Mr. Nulse, seconded by Mr. Grigenis, it was
RE~OLVED Jeyce G. Monk, 130 Oak ~treet, Cutchogue, New York,
be GRANTED permission te conduct a yard sale en June 17, 1972,
rain date June 19, 1972 at Oak Street, Cutchogue, New York. This
permission is subject to the conditions of Resolution of Southold
Town Board of Appeals dated June 15, 1972, as fellows:
1. Permission is for a one day yard sale to be held on a
specific date, with a specific rain date.
2. Permission is for t~e sale of household and personal
property ef t~e owner and his family and may net include
property ef others unless it is fora charitable purpose.
3. The applicant mmst provide someone te supervise parking
at the yard sale to prevent blocking neighbors, driveways.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigenis,
Nulse,
PUBLIC NEARING:' Appeal Nc..15~5 - 8:30 P.M. (E.D.~.T.) upon
application of ~tanley Waimey, a/c Southold-~helter Island Con-
servative Pa~ty, Main Road, Cut~hegue, New Ycrk,.for a special
exceptiem in accordance with~the ZOning 0rdinan~e, Amticle III,
~ectien 3~, ~ubsectien B-J4, for permission to conduct a yard
sale on July 8, 1972, rain date July 9, 1972~ LocatiOn of
prior,y: south side of Main Road, Cutchogue,~New~ ~ork, bounded
north by Main Road; cast by C. Fleet and others; south by C. Fleet
and others; and west by A. Blados. Fee paid $15.00.
T~e ¢~airman opened the hearing by rea~ing the application
for a special exception, the legal notice of hearing, affidavit
attesting te .its Pmblicatien in the official newspapers, and
notice te the applicant.
TNE CNAIRNAN: Is ~here anyone present who wishes to speak
for this application? ~ · ~
~outhold Town Board of Appeals -9-
June 15, 1972
(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
applicant requests permission to conduct a yard sale on July 8,
1972, rain date July 9, 1972, on premises located on the south
side of Main Road, Cutchogue, New York,
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 permane~ly er substantially injured and the spirit of
the 0rdinance will be observed.
on motion by Mr. Grigonis, seconded by Mr. Hulse, it was
RE~OLVED ~tanley Waimey a/c $outheld-~helter ISland Conservative
Party, Main Road, Cutchegue, New York, be GRANTED permission to
cenduct a yard sale en July 8, 1972, rain date July 9, 1972, on
premises located en the south side of Main Road, Cutchegue, New
York. This permission is subject to the conditions of Resolution
of ~outhold Town Board of Appeals dated June-15,-t972, as follows:
Permlsslen is for a one day yard sale to be held on a
specific date, with a specific rain da~e.
Permission is for the sale of homsehold and personal
property of the owner and his family and may not include
property of ethers unless it is for a charitable purpose.
Vote of the Board:
Eulse.
The applicant m~st provide someone to supervise parking
at the yard sale to prevent blocking neighbors' driveways.
Ayes:- Messrs: Gi!lispie, Bergen, Grtgonis,
PUBLIC NEARING: Appeal No. 1552 - 8:~0 P.M. (E.D.S.T.), upon
applicatiom ef Ralph and Una Belle GloVer, East Main Street,
~omthold, New York, for a special exception in accordance with
the Zoning Ordinance, Article III, ~ection 300, Subsection B-l~,
for permission to conduct a yard sale on July l, 1972, rain date
July 3, 1972 on premises located on the south Side' of Mai~ Road,
~euthol~, New ~erk, Bounded north by Main Road; east by C. DeRosier;
somthby Finne and Luci; and west by R. Mullen. Fee paid $15.00.
Seuthold Town Beard of Appeals -10-
June 15, 1972
The Chairman opened the hearing by reading the application
for a special exception, the legal notice of hearing, affidavit
attesting te its publication in the official newspapers, and
notice te the applicant.
THE CHA~IRM~.~N: Is there anyone present who wishes te speak
for this application?
(There was no response. )
TEE CNAIRNAN: ts ~here anyehe present who wishes to speak
against this application?
(There was ne response.)
THE CNAIRMAN: The application has net been notarized. Mr.
Terry, do you swear that this is the signature of the applicant?
(Th~ signature was attested and sworn te by Mr. Howard Terry,
Building !nspeoter).
After investigation and inspection the Board finds that
applicant requests permission te conduct a yard sale en July 1,
1972, rain date July 3, 1972, on premises tecaSed en the south
side of Nain Road, Seutheld, New ~erk.
The Boa~d finds that the public convenience and welfare and
justice will be served and the legally established or permitted
use of neighborhood property and adjoining-use ~istricts will
net be permanen$ly er substantially injured and the spirit ef
the Ordinance will be observed.
On motion by M~. Grigenis, seconded by Mr. Hulse, it was
RESOLVED Ralph and Una Belle G10Ver, East Main Street,
S~uthe!~, NeW Zork, be GRANTED permission to condmct a yard sale
on July 1, 1972, rain date July 3, 1972 on premises located on
the south side ef Main Read, ~outhold, New ~erk. This permission
is subject te the conditions of Resolution of ~euthold Town Beard
ef Appeals dated June 15, 1972, as follows:
1. Permission is for a eno day yard sale to be held on a
specific date, with a specific rain date.
5
Veto ef the Beard:
Nmlse.
Permission is for the sale ef hmAseheld and personal
property ef the owner and his family and may not ihclude
property ef others unless it is for a charitable purpose.
The applioant m~st prevlde someone to supervise parking
at the yard sale te prevent blocking neighbors' driveways.
Ayes:- Messrs: Gillispie, Bergen, Grigenis,
boundod
tho o££~o~I~ newness, au~
:Ca the~e ~ ~-yone 10eeeseat vbo v~ahes to speak
pe2~sons l~eaon~_to x. el0~ese~t the S~uthold
and ]fa, s. WooeY).
('rio.ere, was no =,esponfe.)
the
of
of
sale ~ be held on a
i date.
~mtheld Town Board of Appeals -12-
June 15, 1972
Permission is for the sale ef household and personal
property ef t~e owner and his family and may not
include property of others unless it is for a
charitable purpose.
3. The applicant mast provide someone to supervise parking
at the yard sale te prevent blocking netghborst driveways.
Veto ef the Board: Ayes:- Messrs: Gillispte, Bergen, Grigonis,
Hulse.
PUBLIC gEARING: Appeal No. 1554- 9:00 P.M. (E.D.S.T.), upon
application ef Doris ~chimatz, Rabbit Lane, East Marion, New York,
for a variance in accordance with the Zoning Ordinance, Article
III, ~ectien 301 for permission te divide property and elf set
lets ef less than required frontage and area. Location ef
property: north side of Rabbit Lane, East Marion, New York,
bounded merth by Mariem Lake; east bY Crowley; s.euth by Rabbit
Lane; and west bY Schmidt. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice ef hearing, affidavit attesting to
its publication in the official newspapers, and notice te the
applicant.
(The Chairman read letter dated June 12th, 1972 addressed te
the Zo~ingBeard ef Appeals re. Public Hearing en June 15, 1972,
Application of Doris ~chimatz from Francis A. Heroy of Eakeview
Terrace, East Ma~ion, N. Y. expressing concern re: ~irrevecable
destruction of the lake and its many positive values."
THE CH~IR~L~N. Is there anyone present who wishes to speak
for this application?
~AMD~L J. GLICKNAN, E~Q.: I am here te represent the
applicant.
TNE CHAIRMAN: I checked with the Assessors office and was
informed that the l~repe~cy has been divided. I ~don't see any
sketch shewing h=~ yeu want it divided.
MR. GLICKMAN: This piece of property was sold to Doris
~chimatz by Robert J. Pascale (111.56 ft. ky 1969). Doris
~chimatz setd 28 feet te Rtta ~.chmidt, leaving 83 feet plus.
I wish te be h~nest with the Beard and not mislead them~ There
are three 83 feet lets, contiguous lets. Rita ~chmtdt's lot
was about 50 ~eet plus.
MR. FRED HUL2~E: Does F~vs. Echimatz own two other 83 feet lets?
MR. GLICKMAN: Ne.
Seuthold Town Beard of Appeals -13-
June 1%, 1972
1/R. R~BERT BERGEN: As I understand it she wants permission
to build on an 83 foot lot.
MR. GLICKM~N: Yes.
TEE CNAIRNAN: I don't see any problem there. (Me. Glickman
and the Board discussed the property).
~l~. GLICKMAN: When yen purchase land on Rabbit Lane you
become a member ef the Rabbit's Lane Association. There is
enough water to take ca~e of the lets that are contemplated.
I am asking for a variance te build en 83 feet. Mrs. Schimatz's
husband owns 83 feet. Mos. Echimatz sold a 28 feet strip te Rita
~hmidt in 1971 pri~ te the Ordinance ef December 17, 1971.
TNE CHAIRMAN: Are there any other questions?
MR. HOWARD TERRY, Building Inspector: Before a Building
Permit can be issued approval must be subject to a survey bY
Van TuYl, and subject to approval bY the Board of Health
regarding a cesspool. We need an accurate survey.
TEE CHAIRMAN: Is there anYone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission te divide property and elf set
lets of less than required frontage and area. The findings
of the Beard are that applicant is faced with a situation where
she owns lets which are much smaller in area than required
under the present Ordinance. It would be a hardship to acquire
the 40,000 sq. ft. required in the Ordinance which was enacted
December 17, 1971. When applicant took title premises conformed
to the then existing Ordinance. The Board also finds that
applicant will participate in the Rabbit's Lane Association
water supply,
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the ha-wdship creased is unique and would not be.~shared by all
properties alike in the immediat$~vicinity of this property and
in the same use district; and the variance will not change the
character ef the neighborhood and will observe the spirit ef
the Ordinance.
On metion~y Me. Gillispie, seconded by Me. Bergen, it was
RE~0LVEDDoris Schimatz, Rabbit Lane, East Marion, New York,
be GRANTED permission to divide property and off set lets of
less than ~equired frontage and area en property located en
the neath side ef Rabbit Lane East Marion, New York, subject
te the fellowimg conditions: '
~euthold Town Beard ef Appeals .1;!- June 15, 1972
1. Applicant must provide a recent Van Tuyi survey
exactly desori~ing the property under application.
2. This permission is subject to Boa~d of Health approval.
Vote of the Boaed: Ayes:- Messrs: Gillispie, Bergen, Grlgonis,
Hmlse.
PUBLIC EEA~ING: Appeal No. 1546 - 9:20 P.N. (E.D.S.T.),
~pe%appli~atien of Constantine Zervos, Main Road, East Marion,
new ork, zera special exception in accordance with the Zoning
Ordinance, A~tiele III, Sections 300 and 301, ~Absection B-I,
te use an accessory building including cooking facilities as a
full second dwelling en the lot. Location of property: south
side of Main Road, East Marion, New ~ork, bounded north by the
Main Read; east bY 01d Orchard Lane; south by Epinthourakis;
and west by Doyle. Fee paid $15.00.
The Chairman opened the hea~ing by readinEthe application
for aspecial exception, legal notice of hearing, affidavit
attesting to its publication in the offiolal newspapers, and
notice to the applicant.
TEE ONAIRMAN: Is there anyone present who wishes to speak
for the application~
MR. CGN~T&NTINE ZER¥~: I own the property.
THE CNAIRMAN: What is the lot size?
MR. ZERVO~: 125 feet by 194 feet.
TEE CEAIR/~AN: ~om have 24,000 sq. ft. (Mm. Zerves and
the Beard discussed the property as ~rawn on the back of the
applicat ion).
MR. ZERVOE: I own the big house and all of the property
including this little ~ungalew. I use it for relatives when
they come out here.
TEE CNAIRNAN: The building is eno story, 408 sq. ft.
MR. ZERVO~: My brothers come on weekendsand sta~ with
me.
THE CNAIRMAN: There is no way we can grant this application
without changing the Ordinance. A lot has to have 80,000 sq. ft.
for two houses. Each unit has to have 850 s~. ft. This guest
house has a~emt ~08 sq. ft. without cooking ~aeilities. It is
a building t~at existed prior to the Ordinance. It's en
2~,250 sq. ft. The Ordinance requi~es 80,000 ~q. ft. for a doable
S~,tthold Tow~ Boa~d of Appeals -15-
June 15, 1972
house. We canlt ¢~ange the Ordinance.
MR. ZERVOS: Iris net going to be a second house. Itts
Just for weekends or a couple of weeks.
TEE CN~IRMAN: These things turn into.rental units. This
is a hardship of year own making. It would be illegal for us
to grant this. We could not do it even if the building were
large enough. Bleeping quarters and a bathroom create ne
problem but kitchen facilities create the problem. This is
something that has been denied te everyone else, including a
Judge, so Yen a~e not an exception.
TEE CNAIRMAN: Are there any other questions?
(There was no response.)
TEE ONAIRMAN: Does anyone wish to speak against this
applic at ion?
(There was ne response.)
After investigation and inspection the Board finds that
applicant requests permission te use an accessory building
including cooking facilities as a full second dwelling on the
lot which is located on the south side of Main Road, East Marion,
New ~erk. The Beard fimds that applicant,s let is undersized
and the guest house woul~ also be undersized if converted to
include kitchen facilities.
The Board finds that the public convenience and welfare and
Justice will not be served and the legallY established or per-
mitred use of neighborhood property and adjoining use districts
will be permanently e~ substantially injured and the spirit of
the Ordinance will net be observed.
On motion by Mr. Gtllispie, seconded by Mr. Bergen, it was
RESOLVED Constantine Ze~vos, Main Road, East Marion, New
Yo~k, be DENIED permission te use an accessory building including
cooking facilities as a full second dwelling onthe lot located
on the south side ef the Main Road, East Marion, New York
Veto of the Beard: AYes:- Messrs: Gillispie, Bergen, Grigonis,
Nmlse.
PUBLIC gEARING: Appeal Ne. 1555 - 9:35 P.M. (E.D.S.T.), upon
application of Gary Tabor, Navy Street, O~ient, New York, for a
vs~iance in accordance with the Zcnlng Ordinance, Article III,
Section 300, ~bsection A, for permission to use premises for
landscaping and storage yard. Location of property: east side
Town Be~d of Appeals -16, June 15, 1972
Navy Street, Orient, New ~ork, bounded north by.Foster; east by
W. Lenzer; somth by W. Lenzer; and west by Navy ~treet. Fee paid
$15.oo.
The Chairman opened the hearing by reading the application
for a variance, legal notice ef hearing, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
THE CHAIRM~N: There is considerable data in the file in-
dicating that there have bee~ violations. (The Chairman read
letter dated June 9, 1971 addressed to Mr. Gary Tabor, sent by
Mr. Howard Terry, Building Inspector, regardingcomplaints
received on ~endition of property and requesting that Mr. Tabor
put the property im order. Mr. Terry stated that further com-
plaints will be turned over to the police under the "garbage and
refuse erdinance".)
The Chairman noted that pictures and plot plan are in the
file (pictures were taken May 7, 1971). The Chairman read from
data in the file that Mr. Tabor came in to the Building Inspector's
office and said he would clean up and stock shrubbery, etc. and
build a stockade fence to hide equipment. The Chairman also
read letter dated May 7, 1971 addressed to 2~. Gary Tabor, sent
by Mr. George Fisher regarding inspection of the premises and his
findings.
The Chairman also noted that copy of Amendment of the
~eutheld Town 0~dinance Prohibiting and Regulating the Disposal
of G~bage and Rubbish is also in the file.
THE CHAIRMAN: There are a number of letters addressed to
the Board of Appeals opposing the g~anting of a variance. (The
Chairman read letters from the following persons):
William C. Cen~oy, Vincent Street, Orient, New Zork
Jeanne & John Bredemeyer, Village Lane & Navy St., 0rien~
Dr. F. Gilman Stewart, west side of Navy St., Orient
Mr. & Mrs. Leonard Vail, 150 Vincent St., Orient
Paul E. and Edna R. Berner, 180 Navy St., Orient
Wal~er & Helen Sorenson, Orchard St., 0rieut
Edith Andrade- ~hirleY Relier, Navy Street, Orient
Christian a~ Thekla Prebst, Navy St., Orient
Mrs. Joseph Andrade, Jr., Navy Btreet, Orient
Mr. and M~s. Roger Foster, Navy Etreet, Orient
Albert E. Latham, Vincent ~t., Orient, N. ~.
Jo~ & Betty Jane Bondarchuk, Navy St., Orient
Alexander and Marjerie Baker~ Navy ~t., Orient
Arthur Smith, Huntington, N.~.- owner of building lot
between Probst and Foster, Navy St., Orient, N. ~.
Sou~ho~d ~mn ~ o~ &l~peaXs
-X?-
~ ~KAXRHi~ Xs ~heFe an3~ne J~eaem~ who ~she8 ~o 8peaM
fox. ~hlo appXiea~ton?
~tu buT. K~o. ~us~ttess~'has gone om foF fATe ~e~s. ~ ~b
e~ ~ ~s ase~ ~ ~. Tab~ fo~ ~s bus~aess. ~ ~es ~ve
~ ~p'~tvn,~s~: W~vo you applie~ fo2~ a ~d~ng ~?
HR. tLX~: Ho~ ]~e~. A nom-~onfe~atng uso has been
~o~n~ on fo:, five 3reax, s. We mo~ £~ud oum, seXvos ~n ~bts
~?_ma~ ~dte~e we. have ~o e~ne ~m on e ~oppXa~n~s of neIgb~ox, s.
~e~ -wl~ ~p~ a ~emee UP. ama lm~ _eve~j~h~ ~eh~n~ ~he ~emoe~. He
wam~8 ~o .~e a ~ospee~Xe neigh~o2~ amd make ~ a fine Xooking
pXaee. ~hex, e ax~ o~ae2~ peePXe who a~e ~n v~ola~on ~a ~ha~
a~ea. ~o asM b3m ~o d~seon~Smme is ~o ~ h~s 3AveX~hood
_auu~ h~s pa~a~s X~ve ~he~e. X~ n~g~ ibe unsi~h~y :*~Sh~ now
no o~o~s. ! ~ ~J~a~ a va2P~anee shouXd · g~aubd n~ bas
livelfl~oe~ ahoUld mo~ ~e ~aten away.
~ ~KAXR~= ~s ~'~eFe am3N2ne eXse p~eson~ ~ ~shes ~o
speaM ~o~, ~t~s a~pl~odt~lon?
(~te2~e was no ]~esponse,)
· HE O~AX~: Xa ~ex-e am~me p~esem~ who v~shes ~o spea~
agaln8~ ~a~s appl~oa~en?
~OR~ S~BYX~K, ~.: X wish ~o spoaM agains~. X tut
am $ou~hoXd. X am here
~elO~e se~ £olle~riag ~amtX~es:
All ar the~e peopXe .e~p~ose th~s appX~eatlon fo2~ geod ~eas6as.
Y~at ef alX, ~a ~s an "A Restdem~laX a~ea. Xt al~ays has ~eem
$~ne~ X~$.~ We has ~nd~oa~ed to you ~he has noa-~on~ng
use bu~ ~o be so i~ would b~vo ha~ ~o amoebae ~he £t~s~
O~dlnanoe er ~he ~eun. A pe~en earn operate a mU~sew~. ~ees
~une l~, X97~
one ~ek 8o he ~entt need a
We have heard p~m~ses, lmomt[ see ~hat he is going to use
~u~ldlag Peen/t. ~2at he is loob~ng for hero is a va~laaeo ~o
Gso th~s piece of pFope~y fo~ Indus~aX use.
On s~s Xaid down ~ tho ~ou~ts he mu~ show he is
su~feFlng ~ ua~suaX and a-_~oessa2~ ha~d~.
in~o ~he F~ ~A~m b ~ase Of 0~0 VS.' binheXme~. The
~e~u~. (~he~e ~Lwe houses bu~Xt aXX ~ ~h~e
~ a ~quo ~o of ~d)~
bi oeuvre the
the
amd
&
a~m~l~ uso on
Ke has no
not a home
is no
~e
Zoning O~d~nauoe lmov~Ges_~o~ Mae ~ ~t s~d
~d ~ p~), Section ~.~h~he ~ent~on nd ~e
.
~'~$~ that ~oso). ~ea: ~' ~~ p~e~on
p~ote~t~e~?)
Seotfem 6.* The 10~epose of the ~.onAag O~diaanoe Is ~adm~
elindnation of nom-e~m~ez~n~ng uses.
8e~ton
~= To enhanoe the appea~aaee of the Toun of South, Id
a
~hole.
dont~--t see how it would f~Pthe~ the pU~l~oses of
the Zero, ag 0~l~_naueo. We ~now it is mot a non-eomfoz~ag use; it's
aa illegal use.)
~ b 8~ t~t the~ Is no laud~ ~t ~ut i ass~
the zoa~ag ~aws, themselves. ~h~ ~oo Is less than
laud fo~ sale,
! ~speotfully ~eques~ that beeaue of these a~gumonts amd
fo~ the eo~deFat~on 6f mbt~bo~s t~t t~$ a~l[~on ~e
dem~ and ~t ~. ~b~ be ~d ~ ~ato ~e~ UAU
Res~deati~ ~ w~tove~ ~aat ~s ~e~ ~F tht seet~on of
~ho ~d~eo.
~KE ~A~= b theFe aml~ne else pFe~eat who u~aes to
speak aga~ast ~h~s appli, oatfom?
-HR. ~OH~ ~D~ · would like ~e ~e-atato m~ ~asoms
fe~'be~ag ~ .~ b.a~l~eat~on' ~hve ~mstod ~ X~fe
sa~ ~ s~ ye~8 of h~d ~ bu~Xdi~ a ~ ~d,
as w~ as ~ae~, ~e feel ~a~ the ~t~
of ~ ~ e~ the bea~y of ~he ~.
the 8afot~ of the children.
T~ ~'=AXRY~: Does any, mo u~sh to qu~stlom amy of the
st*tom, nra that have been made~
HR. ~A~OR: He, ~do lawn mowing amd .hot oattlng.
Sour, hold ~oun ~m.w,d o:~ Appea3.s
pz, Opoz*'~'?
TABORs 1~o. · have a ~*a~$o2~-$~atleF, .l~ok-up ~z. uek,
~*o~;oe$~llo~ seede~, ].awn mowo2~ amd a
]~l. *~: ~ha~ ~s ali. ased ~.n ~he IMs~aessj of gaA, demlng?
HR. '~A~GR= ~ea, 'l;ha~;ts all 'r have.
~t, GL~KNAlJ:_ How man~ ~mes a e~a7 do Tea ~an baeM and ~o~h?
About i;h~oe l;fmo, a day.
· ~F,:I:~'"'~: ~ ~'oa have dloXIvoFies made 'l;heFe?
HR. '~J~G~R: X .have no deX:l, vez.~es made?
_ HR. GL,T(~iA~= :r e~am see uh,V seato netghbo~os az.e oompla'~ntng
~oz*d
HR. ~: A~oa~ a hal~ a oo~d.
~HE ~~ Do Tea have fall on ~eu~
'L'HE ~: ~o ~rou have ,_,n~_:~Ge:~lal
Do ~oa have' bXue~ene?
~uthold Town Board of Appeals
June 15, 1972
~CWAI~: Are there amy other questions?
I~. ~TANKEVICH: Is that yo~ adve~tlse~emt?
1~. TABOR: Yes.
~R. ST~ICH: Does that advertisement entirely describe
the seepe of. ye~ ~as!ness?
TEE CHA~: What kind of jo~s w~ald yea take that are
not listed here?
~. TABOR~ ~ would not take any other kind of jo~s?
~. STANI~V~CH~ Do you g~ow any kind of na~se~y p~mdaets?
I~R. TABOR: Rose Bmshes and evergreens.
~R. STA~EE~XCH: How many?
NR. TABOR: Not many.
I~R. ST~CH~ ~ a~ surprised that I~. Gl!akron aca~ses
me o~ not ba.ildtng~ case oa fac~s. Y sagest he Is mot
bm~ld~ng h~s ce~n~s on facts. The~e is no ~y of taking a
va~i~ee back.
THE CHAIRIIAH: I am going to sug~st that we postpone this
hearing until the next meeting. A decision, ~y law, has to ~e
made in pm~llc and there a~e some points that the Board womld
like to discuss.
On motion ~y li~. Gillispfe, seconde~ ~y Ii~. Hulse. it was
RE~OLVED that the dec~slon on A~e~ Ne. 1555~ ~y
Street, O~i~t, New ~o~k, ~e ~st~med ~tfl 7=15
(E.D.S.T.), Tha~sday~ June 29, 1972.
Vote of the ~a~d~ Ayes: ~ess~s: G~ll!~!e, Be~n,
Hulse.
_upon appl~oat~o_n of He~t Haas,' Ho?th_Read~ Peeem[e, ~qew Yo~k,
· _?~ a va~xamee ~a'"aeeo~dauee ~th the Z~g ~a~oe,' ~tiele
~ , ~c~l~ 301 ~d ~t~ele-VIZ, ~etlom 701, 'fo~ ~laSion ~
d~*i~e ~pe~ w~th less
~cat~ of ~~ sooth s~de~ef ~dle Read (~ean~y Read ~)
PotatO, New Yo~k, bc~ded no~h by N~d~e ~ad~ eaS~ ~ Ro~d
Hinge; aea~ by l~d of S~elk Ce~ty; ~d west ~y ethe~ laud
ef Ne~ Nass. Fee paid $1~.~.
Southold Town BOArd of.Appeals -22- June 15, 1972
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting
te its publication in the official newspapers, and notice to the
applicant.
TEE CHAIRMAN: The portion comprises 140 feet on Middle Road
with 120 feet in depth. There is a one story frame building on
this portion. The proposal is to reduce the amount of area required
under the present zoning ordinance for a residential living omit
from 40,000 sq. ft. to approximately 16,800 feet. The property is
adjoining land of the applicant which is approximately 500 feet in
depth with 100 feet in width on Mid~le Read, and which is zoned
"Be Business. ~he applicant is concerned with parking facilities
for the "Be area.
THE CHAIRNAN: Is there am~one present who wishes to speak for
this application?
ST.ANLEY CORW1-N, ESQ.: I am the attorney for the applicant
and I would like to acquaint_the Board with a few additional
facts. The distance between North Road and the Railroad is
500 feet. The parcel with the house immediately to the west
is only 100 feet in width. It often happens that you have
commerical on the road and residential at the back. The
property immediately to the rear has been appropriated by the
Oeunty and is now being used as a sump. The property to the
east was part of a larger property and at one time was a sawmill
and lumber yard. Depending on the outcome, an application is
going to be made te the Town Board to rezone that area to bring
it into oonformity. It enjoys a non-comforming use.
Let me indicate that the problem here insofar as it is one
of area does not seem te be a substantial reason for denying.
We are willing to take as a condition that no structure will be
erected. One of the things we were negotiating about at the time
we were involved in sale was to grant to the seller the entire
parcel east of the 100 foot strip to take back a 99 year lease.
They resorted to the application for a variance to get around it.
THE CHAIRMAN: You have a sale for this pieoe of property?
MR. cORwtN:' Hass and Hessmeyer. The o~her part is owned
by Hass amd he is perfectly, willing to have the Board grant
with a condition that there will be ne structure on this property.
You need ~0,000 sq. ft. for a residence.
THE CHAIRMAN: WHat is the hardship~ Is it that the proposal
incorporates the.sale of business?
MR. CORW~N: You have a zoning requirement im relation to
this particular area. I~ is unreasonable to the owners of the
property. They are willing to accept conditions.
Southold Town Board of Appeals -23-
June 15, 1972
THE CHAIRMAN: It ts difficult to see how this Board can
change the decision ef the Ordinance. It seems as though this
is self-imposed hardship.., attempting to cut off part of this
land. Would Nm. Hass be willing to leave part ef this land
vacant except for parking in non-conforming use, and then there
would be no parking on the area that is being cut out of the
40,000 sq. ft.
MR. CORWIN: We are talking about a strip of approximately
60 feet by 199 feet that would be immediately to the west. We
would want to use that for parking purposes. Presumably we would
not own the subject parcel other than that the people are cooperating
but it would be used for that purpose. The front of the business
area is presently landscaped. IT would not be structural use. There
is not going to be a house.
THE OHAIRNAN: In effect, it would ~fect, it would expand the
business zone up to 160 feet. I think it is beyond this Board te
permit business parking on residential property.
MR. CORWIN: That residential property enjoys industrial use.
THE CHAIRMAN: What's in the shop new?
MR. CORWIN: A cabinet maker and a sail maker.
THE CHAIRMAN: The affect would be te increase the business
to 160 feet to all purposes.
MR. ¢ORWIN: I think you are losing sight of the fact that
it is residential only in name as it has non-conforming industrial
use.
THE CHAIRM&~: It would call for a larger parcel, not a
smaller parcel. You are asking us to cut 40,000 sq. ft. to
16,000 sq. ft. I would have to go against that. I think the
Board would put itself into a legislative position in trying
to do this.
THE CHAIRMAN: Is there anyone else present who wishes to
speak for this application?
(There was ne response.)
THE CHAIRNAN: Is there anyone present who wishes to speak
against this application?
(There was ne response.)
Seuthold Town Board of Appeals -24-
June 15, 1972
After investigation and inspection the Board finds that the
applicant requests permission to divide property with less than
required frontage and area on property located on the south side
of Middle Road (County Road 27), PEconic, New York. The findings
of the Board are that the granting of this application would, in
effect, reduce substantially the minimum requirement for residential
use and would reduce the requirement for light industrial use such
as is new enjoyed by the applicant. IT would also have the affect
of creating a parking facility in a residential zone to the west
(60' x 199') adjoining ~he business zoned property.
The Board finds that strict application of the Ordinance
would not produce practical difficulties or unnecessary hardship;
the hardship created is not unique and would be shared by all
properties alike in the immediate vicinity of this prope~y
and in the same use district; and the variance will change the
character of the neighborhood and will not observe the spirit of
the ORdinance.
On motion by Mr. Gillispie, seconded by M~. Bergen, it was
RESOLVED Helmut Hass, North Read, Peconic, New York, be
DENIED permission to divide property with less than required
frontage and area on property located on the south side of
Middle Road (County Road 27), Peconio, New York.
Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Grigenis,
Hulse.
PUBLIC ~l~G: Appeal No. 1557 - 10:10 P.M. (E.D.S.T.),
upon application of John L. Pleck, Jr., North Bayview Road,
Southotd, New York, for a special exception in accordance with
the Zoning Ordinance, &rticle Ill, ~Ection 300, Subsection B-14,
for permissiom te conduct a yard sale on July 1st and 2nd, 1972.
Location of property: north side of North Bayview Road, S0uthold,
New York, bounded north by land ef John L. Plock, Sr.; east by
John L. ~l~ck, Sr.; west by Private Road; south by John L. Plock, Sr.
Fee pd. $15.00.
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 newspapers, and
notice to the applicant.
THE CHAIRNAN: Is the~e a~yone present who wishes to speak
for this application~
(There was no response.)
Southold Town Board of Appeals -25-
June 15, 1972
T~ CHAIRMAN: Is there anyone present who wishes ~to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to conduct a yard sale July 1,
1972, rain date Jul~ 2, 1972. Location of property: north side
of North Bayview ROad, SOUTHOld, New York, bounded north by land
of John L. P~ock, Sr.; east by John L. Pleck, Sr.; west by
Private Read; south by John L. Plock, Sr
The Board finds that the public convenience and welfare and
justice 'will be served and the legally established er permitted
use ef meighberhood property and adjoining use districts will
not be permanently er Substantially injured and the spirit of
the ORdinance will be observed.
On motion by Mr. Hulse, seconded by Mr. ~rigonis, it was
RESOLVED John L. Plock, Jr., North Bayview Road, Southold~
New York, be GRANTED permission to conduct a yard saloon July l,
1972, rain date July 2, 1972 on premises located on the north
side of North Bayview Road, Southold, New York, as applied for;
this permission is subject te the conditions of Resolution of
Eouthold Town Board of Appeals dated June 15, 1972, as follows:
1. Permission is for a one day yard sale to be held on a
specific date, with a specific rain date.
e
Se
Vote of the Board:
Hulse.
Permission is for the sale of household and personal
property of the owner and his family and may not include
property of ethers unless it is for a charitable purpose.
The applicant mast provide someone to supervise parking
att he yard sale to prevent blocking neighbors~ driveways.
Ayes:- Messrs: Gillispie, Bergen, Grigonis,
PUBLIC HEARING: Appeal Ne. 1~58 - 10:20 P.M. (E.D.S.T.),
upon application of Marg~?et DEllanno, North Road, Seuthold, New
York, for a special exception in accordance with the Zoning
Ordinance, Article III, Section 300, Subsection B-~, for
permission 6o conduct a yard sale on July 8, 1972, rain date
July 15, 1972. Location ef property: nort~side ef North Road
(County Road 27), Somthold, New York, bounded north by.Hertzberg;
Clarkeast bYRead.AUrichie;Fee paidSemth$15.00.bY North Road (County Road 27), west by
~outhold Town Board of Appeals -26
June 15, 1972
The Chairman opened the hearing by reading the application
for a special exception, legal notice ef hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MRS. MARG&RET DELLANO: I am here to speak for the application.
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
applicant requests permission to conduct a yard sale on July 8,
1972, rain date July 15, 1972 on property located on the north
side of North Road (County Read 27), SOuthold, New York.
The Board finds that the public convenience and welfare and
Justice will be served and the legally established er permitted
use of neighborhood property and adJoini~ use districts will
not be permanently or substantially injured and the spirit of
the Ordinance will be observed.
Vote of the Board:
Hulse.
On motion by Mr. Grigonis, seconded by Me. HUlse, it was
RESOLVED Maragaret Dellano, North Road, Southold, New York,
be GRANTED permission to conduct a yard sale on July 8, 1972,
rain date July 15, 1972 on ~gperty located on the north side
of North Road (County Road El), Southold, New York, as applied
for. This permission is subject to the conditions of Southold
Town Board of Appeals dated June 15, 1972, as fellows:
1. Permission is for a one day yard sale to be held on a
specific date, with a specific rain date.
2. Permission is for the sale of household and personal
property ef the owner and his family and may not include
propeL~y of others unless it is for a charitable purpose.
The applicant m~st provide someone to supervise parking
at the yard sale to prevent blocking neighbor.s driveways.
~yes:- Messrs: Gillispie, Bergen, Grigenis,
.PUBLIC HEARING: Appeal No. 15~9 - 10:~o w ~
application of Fred c ~ ...... (E.D.S.T.), upon
L. Arnold, Smith Road, Peconic, New York for a
variance in accordance wi~h ~'
pne ~oDing ORdinance, Article iii
Section 301, for permission ~e dlvlde Premises with existing '
Southold Town Board of Appeals
-27-
June 15, 1972
buildings. Location of property: Lot E, Map of Indian Neck Park,
Pecontc, New York; east side ef Smith Read, Pecenic, New York. Fee
paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
THE CHAIRMAN: The application is accompanied by a survey
which indicates the applicant is the owner of a long and narrow
lot, approximately ~00 feet by 70 feet. The home that the
applicant is using now is in the middle of the property.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. FRED L. ARNOLD; I am the applicant.
THE CHA~:
MR. ARNOLD:
TME~ CHAIRMAN:
When was the garage with apartment built?
In 1950.
That was long before the zoning ordinance.
What is the size of your garage apartment?
MR. ARNOLD: 26' x 26t. I would like to sell the other part
of the property and keep a minimal amount of land for myself.
THE CHAIRMAN: i think our obligation would be to divide so
that the part of the prope~y that has the house on it would cover
two-thirds of the total lot.
THE CHA_IRMAN: Is there anyone present who wishes to speak
against this application?
(There was ne response.)
After investigation and inspection the Board finds that
applicant wishes to divide premises with existing buildings on
property located: Lot E, Map of Indian Neck Park, Peconic, New
York (east side of Smith Road). The findings of the Board are
that applicant has two pre-existing residences in common owner-
ship and may, in the future, wish te sell the main house. The
Board is recognizing an existing situation in granting this
application.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of the
Ordinance.
Seutheld Town Bomrd ef Appeals -28-
On motion by M~. BERgen, seconded by ~MR. Gillispie, it was
RESOLVED Fred L. ARnold, Smith Read, Pecenic, New York, be
GRANT~Dpermission te divide premises with existing buildings,
as applied for, using the line which is at right angles te the
let te the east and ne closer than 50 feet to the present house.
There shall be ne further division of either of these plots.
Vote ef the Boa~d: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
PUBLIC HE/~RING: Appeal Nc. 1560 - 10:40 P.M. {E.D.S.T.), upon
application of Robert Ward, Stillwater Avenue, Cutchogue, ~New York,
for a variance in accordance with the Zentng ordinance, Article III,
Section 301, fer permission to divide property with an existing
dwelling. Location ef property: Lots 12 and 13, Map of M. S. Hand,
Citchog~e, New York. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice ef hearing, affidavit attesting to
its publication in the official newspapers, and notice te the
applicant.
THE ~HAIRMAN. Is there anyone present who wishes to speak
for this application?
MR. ROBERT WARD: I feel that to locate the house on vacant
lot No. 12 as intended would work a hardship on our neighbor.
The property was purchased by my father in the 30's. Our neighbor
who was not restricted en zoning bought the lot next te us, No. ll,
and built his house three or feur feet from the line.
THE CHAIRMAN: What is the width ef his let?
MR. WARD: 45 feet.
THE CHAIRMAN: You have two lets and your neighbor built en
a single let.
ER. DOROSKI: It would meet the requirements of the HEAlth
DEpartment. We think that the best way to situate the house
would be en the road side.
THE CHAIRMAN: DOes anyone else wish to speak for this
application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this.application?
~outheld Town Board of Appeals
-29-
June 15, 1972
AFter investigation and inspection the Board finds that
applicant requests permission te divide proper%y with an
existing dwelling located: Lets 12 and 13, Map of M~ B. Hand,
Cutchogue, New York. The .Boa~d finds that applicant is
surrounded by lots which a~e considerably less in size tham
his double lot. The Beard agrees with the reasoning of the
applicant.
The Boa~d finds that strict application of the ORdinance
would produce practical difficulties er 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 vat-lance will not change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
On motion by M~. Gi!lispie, seconded by Mr. Grigonis, it was
RE~OLVEDRobert Ward, ~tillwater Avenue, Cutchogue, New York,
be GRANTED permission to divide prepe~y with an existing dwelling
en property located: Lots 12 and 13, Map of M. $. Hand, Cutchogue,
New York, as applied for.
Vote of the Beard: Ayes:- MEssrs: Gillispie, Bergen, Grigonis,
Hulse.
PUBLIC NEARING: Appeal No. 1561 - 10:55 P.M. (E.D.$.T.),
upon application ef J~hn J, HAler, 30~rshamomaque, Beixedon,
Seuthold, New York, for a variance in accordance with the
Zoning Ordinance, Article III, ~ection 301, for permission te
bu~i_l_d a t?o ?~ar garage. Location of property: Lot No. 7, MAp
oz Bsixeaon, ~oUtho!d, New York. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
THE CHAIRMAN: The signatures of Ellen E. Williams and
John J.. Haler have not been notarized. MR. Haler, do you swear
to tell the whole t~th? Is this her signature, and is this your
signature?
JOHN J. ~: Yes.
(The signatures %~ere attested and witnessed.)
THE GHAIRMAN: Is there anyone present who ~wishes to speak
for this application? ~
MR. F~ER: I am here te speak for it.
Southold Town Board of Appeals -30-
June 15, 1972
THE CHAIRNAN: The application is accompanied by a sketch
indicating that the let is trapezoidal in ShaDe. At erie point
the house is l0 feet off the rear yard line.
MR. ROBERT WITKER~POON: I have known M~. ~fer for many
years. HE is doing a nice job.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
THE CHAIRMAN: The only thing that comes te m~ mind is that
you sheul4 give a little more than 3 feet. I think it should
be at least 5 feet.
After investigation and inspection the Beard finds that
applicant requests permission te build a two car garage on
property located: Lot No. 7, Nap ef Beixedon, Seuthold, New
York. The Beard finds that to attach garage to house would
close two bedroom windows, and that several of the existing
garages in the neighborhood are practically on the read. The
Boa~d agrees with the reasoning ef the applicant subject to
conditions.
The Beard finds that strict application of the Ordinance
would produce practical difficulties er unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will not change the
character ef the neighborhood, and will observe the spirit of
the Ordinance.
On motion by Mr. ~illispie, seconded byi_/MR. Bergen, it was
RE~OLVED John J. Haler, 30 Arshamemaque, Beixeden, Southold,
New York, be GRANTED permission te build a two car garage, as
applied for, subject to tho following conditions:
That the garage be ne closer than 25 feet to Arshamomaque
Avenue, and ne closer than 5 feet from land of the adjoining
property owner to the north.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigenis,
Hulse.
PUBLIC HEARING: Appeal Ne. 1562 - 11:10 P.M. (E.D.$.T.),
upon application ef Barbara Albertsen, Main Read, Seutheld, New
York, for a special exception in accordance with the ZOning
Ordinance, Article III, Section 300, ~ubsectien B-14, for per-
mission te conduct a yard sale em July l, 1972, rain date July 8,
Southold Town Board ~of Appeals -31-
June 15, 1972
1972. Location ef property: north side ef Main Road, Semibold,
New York, bounded north by other lands of William and Barbara
Albertson; east by J. ~cop~z; south by the Maim Read; and west
by A. Milovich. Fee paid $1%.00.
The Chairman opened the hearing by r~ading the application
for a special exception, legal notice of hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes te speak
for this applicatlen?
(There was no response.)
T~ CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There wa~ ne response.)
After investigation and inspection the Beard finds th~_t
applicant requests permission to conduct a yard sale on July 1,
1972, rain date July 8, 1972, on property located en the north
side of Main Road, Southold, New York.
The Board finds that the public convenience and welfare and
justice will be served and the legally established er permitted
use of neighboring property and adjoining use districts will
not be permanently er substantially injured and the spirit of
the Ordinance will be observed.
On motion by M~. Grlgenis, seconded by M~. Bergen, it was
REEOLVEDBarbara Albertso~, Maim Road, Southold, New York,
be GRANTED permission to conduct a yard sale on July l, 1972,
rain date July 8, 1972, on property legated en the north side of
Main~Read, ~outheld, New York, as applied for. This permission
is s~bject to the conditions of Southold Town Beard ef Appeals
dated June 15, 1972, as follows:
1. Permission is for a one day yard sale to be held ena
specific date, with a specific raim date.
Permission is for the sale of h~sehold and personal
property of the owner and his family and may net inclnde
property ef ethers unless it is for a charitable purpose.
Semthold Town Board of Appeals -32-
June 15, 1972
3. The applicant ~st provide someone to superviseparking
at the yard sale to prevent blocking neighbors' driveways.
Vote of the Board: Ayes:- MEssrs: Gillispie, Bergen, Grigonis,
Hulse.
PUBLIC HEARING: Appeal No. 1563 - 11:20 P.M. (E.D.S.T.),
upon application of Gertrude V. Mayer, 2095 Youngs Road, Orient,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 305, for permission to erect a remco over
three feet in height in the front yard. Location of property:
west side ef Youngs Road, Orient, New York, bounded north by
Reybine and ethers; east by Yeungs Road; south by Fagan; and
west by Dyer. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MRS. GERTRUDE V. MAYER: I am here to speak for the applica-
tion.
THE CHAIRMAN: How far inside the property line will you
locate the fence?
MRS. MAYER: It will be inside the stone wall.
THE CHAIRMAN: The Ordinance calls for 6 inches inside the
property line but I think a remco of this type should be 1 foot
inside the property line.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
~ter investigation and inspection the Board finds that
applicant requests permission to erect a fence ever three feet
in height in the front yard of Property located on the west side
of Ye~ngs Road, Orient, New York. The findings ef the Board are
that applicant has a beamtifml piece of property adjoining a
public beach. A nuisance is created by the public parking their
cars along applicant,s property line in order to use the beach.
The Beard finds that strict application cf the Ordinance
weald produce practical difficulties er unnecessary hardship;
.~outhold Town Board of Appoals -33-
Juno 15, 1972
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of
the ORdinance.
On motion by M~. Gillispie, seconded by Mr. Bergen, it was
RESOLVED Gertrude V. Mayer, 2095 Youngs Road, Orient, New
York, be GRANTED permission to construct a fence no higher than
6 feet across the front yard area adjoining Youngs Read.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
PUBLIC HEARl~G: Appeal No. 156~ - ll:30 P.M. (E.D.S.T.),
upon application of Osca~ Goldin, 441 Main Street, Greenport,
New York, a/c R. Trubenback Estate, Hobart Avenue, Southold,
New York, for a special exception in accordance with the Zoning
Ordinance, Article III, Section 300, SM~bsection B-14, for
permission to conduct an auction on June 17, 1972,~ ~ain date
June 24, 1972. Location of property: east side'of~Eobart Road,
Southold, New York. Location - Lots 36 and 37, .Map ef';~Founders
Estates, S0uthold, New York. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit
attesting te its publication in the official newspapers, and
notice to the applicant.
THE CHAIRM~N: Is there anyone present who wishes to speak
for this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application*.
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to conduct an auction on June 17,
1972, rain date June 24, 1972 a/c R. Trubenback Estate on the
east side of Hobart Road, Southeld, New York.
The Beard finds that the nublic convenience and welfare
and justic? will.be served and~$he letat!y established er ermitte
use of ne~ bormn re e · p d
..... ~ g p .p rty and~adjo~ning use district will not
oe0RdinancePermanen~mYwill be°r observed.SU°s~antially injured and the spirit of the
Southold Town Board of Appeals -34
June 15, 1972
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED Oscar Goldin, ~41 Main Street, Greenport, New York,
a/c R. Trubenbaek Estate,. Hobart Avenue, Seutheld, be GRANTED
permission to conduct an auction on June 17, 1972, rain date
June 2~, 1972, as applied for. This permissoon is subject te
the conditions of Seuthold Town Board of Appeals dated June 15,
1972, as fellows:
1. Permission is for a one day yard sale to be held on a
specific date, with a specific rain date.
Permission is for the sale of household and personal
property ef the ~wner and his family and may not include
property ef ethers unless it is for a charitable purpose.
3. The applicant mast provide someone to supervise parking
at the auction to prevent blocking neighbors' driveways.
Vote ef the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
PUBLIC HEARING: Appeal No. 1%65- 11:40 P.M. (E.D.S.T.),
upon application of Freida J. Behlen, 7325 Nassau Point Read,
Cutchogue, New York, for a special ex~eptien in accordance with
the Zoning Ordinance, Article Ill, Section 300, Subsection B-14,
for permission to hold a yard sale on June 30, 1972, rain date
July l, 1972. Location of property: East side ef Nassau Point
Road, Cutchogue, New York, Lot 54, Map of Nassau Point, Cutchogue,
New York. Fee paid $15.00.
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 newspapers, and
notice to the applicant.
THE CEAIRM~N: Is there anyone present who wishes to speak
for this application?
(There was no response.)
T~ CHAIRMAN: Is there a~yone present who wishes to speak
against this application?
(There was no response.)
After investigation and i~spection the Board finds that
applicant requests permission to hold a yard sale on June 30,
1972, rain date July l, 1972 on premises located on the east
side of Nassau Point Road, Cutchogue, New York.
Southeld Town Board of Appeals -35-
June 15, 1972
The Beard finds that the public convenience and welfare
and justice will be served and the legally established or
permitted use ef neighborhood property and adjoining use districts
will net be permanently or substantially ihjured and the spirit
of the Ordinance will be observed.
On motion by Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED Frieda J. Behlen, 7325 Nassau Point Road, Cutchegue,
New York, be GRANTED permission to held a yard sale en June 30,
1972, rain da~e July l, 1972, on property located on the east
side ef Nassau Point Road, Cutchogue, New York, as applied for;
this permission is subject te the conditions ef the Resolution
of Southold Town Board of Appeals dated June 15, 1972, as fellows:
Permission is for a one day yard sale te be held on a
specific date, with a specific rain date.
Permission is for the sale of household and personal
property of the owner and his family and may not include
property of ethers unless it is for a charitable purpose.
Vote of the Board:
Hulse.
The applicant mast provide someone te supervise parking
at the auction to prevent blocking neighbersl driveways.
Ayes:- Messrs: Giltispie, Bergen, Grigonis,
PUBLIC HEARING: Appeal No. 1567 - ~1:50 P.M. (E.D.S.T.),
upon application ef Charles and Evelyn W~thersp~on, Private Road
(Hortonls Point), Southeld, New York, fo~ a variance in accordance
with the Zoning Ordinance, Article III, Section 301, for permission
to set off a let with insufficient width and area. Location of
property: north side of Private Read (Rorton's Point), bounded
north by land now or formerly of the applicants; easterly by land
now or.formerly of Reed; south by Private Read; and west by Sardi
Fee pazd $!%.00. '
The Chairman opened ~he hearing by reading the application
for a variance, legal no, ice of hearing, affidavit attesting to
its p~blicatien in the official newspapers, and notice to the
applicant.
THE 01HAI~MAN: The application is accompanied by a survey.
The proposal is to divide the property.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
Southold Town Board of Appeals -36-
June 15, 1972
STANLEY CORWIN, ESQ.: Chairman and members of the Board,
I appear in support of the application as client's counsel.
The property is a strip of la~d that extends from the private road
north to Long Island Sound for a distance of 517 feet on the
easterly side and somewhat more on the westerly side. The private
road runs in a direction slightly north of east. At the time that
~2r. Witherspoon was under contract te sell the northerly part of
the property he came to our office with a map and we drew the
southerly line of that property en the basis ef information he
gave us. It subsequently developed that he had moved a garage
to the south and when he negotiated the contract it was te
include the garage along with the house that was to be sold.
When the purchaser had an up-to-date survey made it developed
that the line we had drawn was north of the garage. AS a matter
of accommodation we agreed to draw a line to cover the garage
and move it to the south and to the east as the marks on the
map indicate.
THE CHAIRMAN: As i understand it, this line was in error.
It should have included the garage.
MR. CORWIN: The garage was moved before there was a change
in mapping. The garage had been 241 feet north of the private
right-of-way. We then ascertained that the garage had to be in-
eluded with the house. I would like to your attention, as indicated
on the map, the rather considerable part of the area between the
private road and the Sound that is taken from the top of the bluff
to the northwest. It is divided almost in half by the existing
line.
THE CHAIRMAN: WHen was the property sold?
MR. CORWIN: Within the last few months.
THE CHAIRM~_~N: Was any application made to divide the property?
MR. CORWIN: It was two legal sized lots. If we could have held
the original line that we had drawn we would have been close to
40,000 sq. ft. The necessity of having to move that line did
create somewhat of a hardship. Instead of dealing with 39,000 sq. ft.
we are dealing with something less.
THE CHAIRMAN: Is not the purchaser embarrassed b~ having to
buy an additional 100 feet.
MR. CORWi~N: There was not any change. We just gave him
some more land.
THE CHAIRMA~N: As I understand it Mr. Witherspoon owns 147' x
102t x 174' along the right ef way which works out to, including
the right-of-way, about 16,000 sq. ft.
Southold Town Board of Appeals -37- June 15, 1972
MR. CORWiN: We are asking for permission to erect a
dwelling on the Witherspoon property. We are talking about
an area that for the most part is devoted to summer r~sidences,
THE CHA~M~N: What we are guided by is the surrounding area.
Everyone recognizes that 40,000 sq. ft. in a two or three hundred
year old area is an arbitrary figure. That figure is applicable
to tracts of land that are not developed. So, as I see it, M~.
Witherspoon would like te have per~alssion to apply for~a building
permit on a lot that he has now created and had gone to contract
on prior to the passage of the present ordinance.
MR. ROBERT WITHERSPOON: I knew this property, we .origin~ally
came ~ut here in 1948. M~, father owns most of the property up
there. He has maintained his property in good condition. He
bought this property many years ago and has improved it. He
wants a building permit so he can leave it to one of the grand-
children so they can build in ten or fifteen years.
THE CHAIRMAN: ts there anyone present who is against the
granting of this application~
MR. GINA: I am part owner with my wife of the ~ardi property.
The ~ardi property consists of land which is on the other side of
this road. We were never informed that this road was being put
in. The right-el-way was put in along side of our property
without our knowledge.
THE CH~IRMA.~N: It would not require your kn'owledge er consent.
MR. GINA: It would seem they could not build on a piece
of property that is less than an acre of land. It would seem they
could not divide this land.
M~. GIN~: The ~ardi property now belongs to me on the death
of m~ father. I am a taxpayer and the property adjoining mine
belongs to my brother. I have been coming here for fifty four
years and we want to retire here. It is Gina property. We are
objecting to the fact that they are trying to build on a piece of
land that is less than an acre. The area is only 75 feet wide
that is being used to go to the iL0vell house. Mr. Witherspoon
mast know the regulations on this house.
THE CHAIRMA~N: No ordinance can be imposed on a 300 year old
community that is net going to affect some pieces of property.
MR~. G1-NA: We all b~ght on the assumption that these would
be an acre., t thought our zoning absolutely maintained an acre
of land which is why we bought it. We bought because they sold us
en it.
THE CHAIRMAN: The zoning ordinance exists since December 17,
1971. There was ne zoning in 1949.
~outhold Town Board of Appeals -38-
June 15, 1972
MR. GiNA: This land existed since the zoning ordinance was
in effect and was sold in January.
THE CHAIRMAN: ~uppose your land was three quarters of an
acre instead of what it is, you could not sell it.
i~tS. GINA: I would not have three quarters of an acre and
split it into two equal parts.
THE CF~.IRM~N: The dividing of property is done ewery day.
I~RE. GIN~: Are yom ~ying to have attractive places on
the aound? Are you interested in having something attractive
THE CH~IRM~N: We are not talking about esthetics.
MRS. GIN&: What weald stop Mr. Witherspoon from making
a public nuisance of the road? Where are all the people
supposed to swim~ You knew they spread all over.
MR. CORWIN: The right-of-Way is restricted by reason of
the contract between Witherspoon and Lovell as te the property
he owns in the immediate vicinity.
MRE. GINA: Everyone on the upper level comes down. We
have been annoyed since 1949. We thought we would have some
degree of privacy. Your family, Mr. Witherspoon, rented it to
a bunch of hippys. They did not have the sli~htest desire to
be good neighbors, t am outraged.
MR. WITHER~POON: It was rented to a Professor from M.I.T.
MRS. GINA: This was a piece of property that was bought as
one acre and it was divided and is now less than an acre.
(Discussion followed regarding surrounding lots).
MRS. Glib: Ail of the lots on the beach are of a similar
size. Why should MR. Witherspoon be an e~ception? We pay taxes
t.he ~sa~m~. a.s ev.ery, one else. I don't see why summer residents
sneuma De ~rea~ea any differently. I have been coming here for
years and I refuse t~ be treated differently.
THE CHAIRMAN: I am now closing this hearing.
After investigation and inspection the Boa~wd finds that
applicant requests permission te set off a lot wi~h insufficient
width and area on the north side of Private Read (Horton's Point),
Southold. New York. The Board finds that this was a legal sized
lot at the time the contract was made and that this is a reasonable
request.
Southold Town Board of &ppeals -39-
June 15, 1972
The Beard finds that strict application of the ORdinance
w~ld produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not change
the character of the neighborhoe~ and will observe the spirit
of the O~dinance.
On motion by M~. Gtull~spie, seconded by Mr. Bergen, it .was
RESOLVED Charles and'Evelyn WItherspoon, Private Road,
(Herrents Point), Se~thold, New York' be GRAETED permission
set off a lot with inSuffiCient width and area on property
located on the north side of Private Road (Hortonts Point),
Se~thold, NEw York.
Vote of the Beard: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
~On motion by MR. Gillispie, seconded by Mr. Bergen, it was
RE~OLVED that the minutes ef the Southold Town Board of
~ppeals dated May 25, 1972, be approved as submitted, subject
to minor correction.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hmlse.
On motion by Mm. GRigonis, seconded by Mr. Hulse, it was
RESOLVED that the next regular meeting of the ~outhold
Town Board of ~ppeals will be held at 7:30 P.M., Thursday, June
29, 1972, at the Town Office, Main Road, Southold, New York.
Vote of the Beard: ~Ayes:- Mesers: Gillispie, Bergen, GRigenis,
Hulse.
For the' Record: Letters received from Suffolk County Planning
Commission and Village of G~eenport: No objection to special
exception regarding Jernfck Wa~eh~se cn Co~win STreet, Greenport.
Letter received from Mr. Snellenberg re.
Arts and Crafts in Cutchegme, (They hold an annual sale in the
same category as yard sa~s en ~ti~les they have produced to
raise funds fe~ the e~ganizatien. It's a ch~itable organization).
The Chair~n ~ead the 0~dinance and stated t~t it's a custe~ry
use of P~ope~ty.
Southo!d Town Boa~d ef Appeals -40-
June 15, 1972
l~or the Record: Walter Kapp, attorney, brought in a
survey on Spurway. ~
Letter received from the ~ufffolk County
Planning Commission on application of Florence and Peter Grippe.
They approve for local determination with the follewing condition:
That the applicants will not use the premises for the display or
sale of artistic works created by anyone ether than the applicants
or practieloners.
Letter from Crown Central Petroleum request-
ing special permit.
On motion by Mm. H,~,~lse, seconded by MR. Grigonis, it was
RESOLV'ED G~'ew~ CEntral Petroleum be DENIE~ permission to
use th~ee..special signs for the Grand Opening of a Disco station
for a two week period or for any other time.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grtgonis,
Wulse.
For the Record: Re. ~ off premises sign. (They got permission
from David Cooper te put the. sign on the property. They sent a
letter but did not send a corrected application. They were Sent
a notice te take it down again am they mast have a proper application.)
Eighteen Sign Renewals were approved.
On motion by Mr. Gillis~ie, seconded by Mr. Bergen, it was
RESOLVED that the Seuth~old Town Board of Appeals set 7:30
P,M. (E,S.T.), Thursday, June 29, 1972, at the Tow~ Office
Main Roa~, ~theld New Yo~ ~ '
. · -k, as the ti~ a~ lace of hca
~pon application of Geo~ · Wetmo~e ~i ~ . p ~
-*~ - ....... .~- $ . · ~n Road. GreenPe~, .New Yo~k,
z~- a s~cmam exception mn ae~eraance with the Zoni~ 0rdmnance,
A~tfc~ I~I, ~ection 300, ~b~ee$ion 6d, for ~mfssiom to e~ec~
a subdivision sign wi~h imsufficien~ setback and side area. Location
of property: n~th side of ~im Road, Orient, New Ye~k, bounded
north by GEOR~ Neon; cass by Binse~; south by ~he ~in Road;
and west by 0~la.
Vote el' the Boa~d: Ayes:- MEssrs: Gillispie, Bergen, Grigonis,
Hulse.
Seuthold Town Board of Appeals -41-
June 15, 1972
On motion by M~. Bergen, seconded by I~. Eulse, it was
RE~OLVED that the ~eutheld Tewn Boa~d of'Appeals set 7:45
P.M. (E.S.T.), Ttmrsday, June 29, 1972, at the Town office,
Main Read, Southeld, New york, as the time andplace ofhearing
upon application e£ Elizabeth M. Villa, Robinson Lane, Peconic,
New York, for a special exception in accordance with the Zoning
Ordinance, Article III, Section 300, Subsection B-~, for per-
mission to conduct aya~d sale on July 2, 1972, rain date July 3,
1972. Location of property: east side of Robinson Lane. Lots
20 and 21, Map of Pec~ic Bay Oaks, Peconic, New York.
Vote of the Boa~d: ~yes:- Messrs: Gillfspfe, BErgen, Grigonis,
Hulse.
On motion by Mr. Hmlse, Seconded by Mm. Grigenis, it was
RE~OLVED that the ~outhold Town Board of Appeals set 7:50
P.M. (E.S.T.), Thursday, June 29, 1972, at the Town Office,
Main Road, ~euthold, New York, as ~he ti~ and place ef hea~ing
upon application ef the ~t~ituek P~esbyte~ian Church, ~fn Road,
Mattitmck, fe~ a special exception in accordance with the Zoning
~dinance, ~ticle III, ~ectien 300, ~bsectien B-14, fo~ permission
to conduct a yard sale en Au~s~ 12, 1972. Location ef property:
west side ef ~in Read, Mattituck, New York, b~nded north by
~ Ave~e; east by ~i~ Read; s~th by Old Bet~ Co,tory;
west by 01d Bethany
Vote ef the Be~d: ~es:- ~ssrs: Gillispie, Bergen, GRigonis,
On motion by Mr. G~igonis, seconded by Mr. Bergen, it was
RE~OLVED that the Southold Town Board of Appeals set 7:55
P.N. (E.'~.T.), Thursday, June29, 1972, at the Town Office,
Main Read, teuthold, Ne~ York, as the time and place ef hearing
upon application of Emma Ford, 2J!70 Hobart Read, ~emtheld, for
a special exception in accordance with the Zoning Ordinance,
A~ticle III, ~ection 300, ~bsectien B-I;~, for permission te
conduct a yard sale on July 8, 1972; rain date July 15, 1972.
Location ef property: west side of Hobart Road, Seuthold, New
York, lot No. 1~5, ~Ap of F~nders Estates, Se~thold, New York.
Vote of the Boaed: Ayes:- MEssrs: Gillispie, Bergen, GRIgonis,
Eulse.
Southold Town Boa~d of Appeals -42-
June 15, 1972
On motion by M~. Bergen, seconded by Mm. Gillispie, it was
RESOLVED that the ~omthold Town Boa~d of Appeals set 8:00
P.M. (E.S.T.), Thm~sday, June 29, 1972, aS the Te~n Office,
Main Read, ~outholl, New York, as the time and place ef hearing
upon application ell the North Pork Animal Welfare LEague, Southold,
New York, for a special exception in accordance with the Zoning
Ordinance, Article ~III, ~ection 300, ~ubsection B-!~, for per-
mission to conduct a yard sale on July 21, rain date July 22, 1972
en property of Miss. Helen Coch~an. Location of property: north
side ef Main Road, Hemthol~, New York, bounded nerth by Traveler
Street Extension; east by the Houtheld Library; south by Main
Road; and west by F!. H. ~a~.
Vote ef the Board: Ayes:- Messrs: Gillispie, Bergen, Grtgenis,
PIulse.
On motion by N~. Gillispie, seconded by M~. Hulse, it was
RESOLVED that the SouthOld Town Boa~d of Appeals set 8:05
P.M. (E.H.T.), ThUrsday, June 29, 1972, at the Town 0ffi~e,
Main Road, Southold, NEw York, as the time and place of hearing
upon application of the Cutchegue-New Huffelk Historical Council,
Cutchogue, New York, for a special exception in accordance with
the Zoning O~dinanee, Article III, ~eetion 300, Subsection B-l~,
for permission to conduct an outdoor sale and Plea Market on July
l, 1972. Location ef property: Cutehogue Village Green, Cutchogue,
New YOrk, bounded north by Main Road; east by Case Lane; south by
~alter; and west by Presbyterian Church Parsonage.
VOte ef the Beard: Ayes:- Messrs: Gillispie, Bergen, Grlgenis,
Hulse.
On motion by Mr. Hulse, seconded by Mr. G~igenis, it was
RESOL'WED that the Southold Town Beard ef Appeals set 8:10
E
P.M. (.~H.T.), Thursday, June 29, 1972, at the Town Office,
Main Read, Seuthold, N~York, as the ~i~ amd place ef he~ing
upon applt~atie~ ef Goose Neck~oper~y 0~e~s Association,
~Mi~h Drive ~h, ~held, New Yo~k, fe~ a sp$cialex~eptien
in accordance with ~he Zoning ~dinance, ~tieie III, ~ectien 300,
~seetiem B-~l~, fe~ pe~ssien te conduct a y~d sale en July 22,
1972, ~afn ~e Ju~ 29, 1972~ Location of p~operty: morth side
of E~th Drive N~th, Eemtheld, New Ye~k, on ~ne ha~ of Let 37,
all ef Lo~ 38, and eme ~ ef ~t 39, ~p ef Geese Neck Estates,
Southeld, New Y~k.
Vote ef the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
~emthold Town Board ef Appeals -43-
June 15, 1972
On motion by M~. G~igonis, secende~ by N~. Bergen, it was
RESOLVED that the ~eutheld T~ Be~d ef Appeals Set 8:15
P.M. (E.E.T.), T~rsday, Jm~ 29, 1972, at ~he T~ Office,
~in Road, ~outhe!~, ~ Ye~k, as ~he ~i~ and place of hearing
upon application of Thel~ Kon~ski, ~in Road, East ~rien,
New York, for a special exception~ in accordance wi~h the ZOning
0~inamme, ~i~le iii, Section 3~0, ~ubse~tie~ B-~J~, for pe~-
mission ~o ee~daet a y~d sale em July 15, 1972, ~ai~ date Ju~ 22,
1972. Leea~iom of ~per~y: semSh side ef ~im Read, East Nation,
New York, bOUnded north by ~in Road; east by A. ARth~; sou~h by
rich,-of-way; and west by ~. ~iliris.
Ve~e of the Bo~d: ~es:- Messrs: Gillisple, Bergen, ~igenis,
~e.
On motion by Mr. BErgen, seconded by Mr. Gi!!ispie, it was
RE~OLVED that the Southold Town Board of Appeals set 8:20
P.M. (E._S.T.), Thursday, June 29, 1972, at the Town Office,
Main Road, ~OUThold, New York, as the time and place ef hearing
upon application of the Mattituck Historical Society, Nain Road,
Mattituck, New York, for a special exception in accordance with
the Zoning Ordinance, Article III, ~ection 300, Subsection B-14,
for permission to conduct a yard sale on July 15, 1972. Location
ef property: J. ~aland, south side of Main Read, Mattituck, New
York, bounded north by Main Read; east by Peconic Homes Ce~p.;
south by Peoonic Hemes Corp.; and west by R. ENgel and others.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
On motion by F~. Gitlispie, seconded by Mr. Hulse, it was
RESOLVED that the SeuthOld Town Board of Appeals set 8:25
(E.S.T.), Thursday, June 29, 1972, a~ the Town'0ffice,
B-14for permission to conduct a yard sale en July 1, 1972; rain
date July 2 or JUly 3, 1972. Location of property: west side of
Y°mngs Road, Orients New York, bounded north bY right-of-wa -
~as~,by ~o~n~S Road; south by E. H. Kinm ~s*a*~. o~ ~* ~'~
Vote of the Board: Ayes:- Messrs: Gillispie Bergen, Grigonis,
~ulse. ·
flouthold T~'n Board of Appeals
June 15, 1972
On motion by M~. ~lse, seconded by NE. Gillispie, it was
RE~OLVED that the ~outhOld Town Board of Appeals set 8:30
P.M. (E.S,T.), Thursday, JUne 29, 1~72, at ~he To~ Office,
M~in Road, ~euthold, New York, as the ~i~ and place ef he~ing
upon application of Natalie Pavia, Midland P~ay, S~theld,
New York, for a special ex~eptien in accordance with ~he ZeninE
~dinamce, ~iele III, ~eetien 300, Subsection B-~, fe~ permission
Se ~e~ue~ a b~n sale en July 1, 1972. ~atien ef property:
east side of ~dlan~ P~ay, ~theld, New York; Le~ Ne. l,
~p of Seawe~ Acres, ~held, New York.
Vote ef ~he Be~d:' ~es:- ~ssrs: Gillispie, Bergen, GRigenis,
Hulse.
On motion by I~t- Gillispie, seconded by Mr. Grigonis, it was
R~0LVED that the ~outhold. Town Board of Appeals set 8:35
P.M. (E.S.T.), Thursday, June 29, 1972, at the To~m Office,
¥~in Road, ~outhold, NEw York, as the time and place of hearing
upon application of the Church of the Redeemer, Matti%uck, New
York, for a special exception in accordance with the Zoning
Ordinance, Article III, Section 300, ~MYbsection B-I~, for per-
mission to conduct a yard sale on July 8, 1972. Location of
property: north side of E~nd Avenue, Mattttuck~New York,
bounded north by North Fork Bamk& Trust Company; east by GRattan
EState; south by Seun~ Avenue; and west by Westphalia Road.
Vote of the Board: ~Ves:- Nessrs: Gillispie, Bergen, Grigonis,
H~lse.
On motion by Mr. Grigonis, seconded by Mr. BErgen, it was
RESOLVED tha~ the ~outh~!d Town Board ef Appeals set 8:~0
P.M. (E.~.T.), Thursday, June 2~, 1972, at the Town 0ffiee,
Main R~ad, ~eutheld, New York, as the time and place of hearing
upon appli, eatiom ef 0haoles ~. K~aft, 132 Capt. Kidd Drive,
Mattituc~, New York, for a special exception in accordance with
the Zoning 9rdi.mance, A~ticle i~I, ~ctien 300, S~bsection B-~,
fo~ Pe~sslen'te co~dm~t a y~d~sale on July' 8, 1972; rain date
Ju~ 1%, 1972. Location cf prepertF: south side ~f Central Drive,
Mattituck, New Ye~k, ~t Ne. ~, ~p ef Capt. Kidd Estates.
Vote of ~he Boa~d: ~es:- Messes: Gillispie, Bergen, G~igonis,
Hulse.
June 15, 1972
~n motion by M~. Bergen, seconded by Mm. Gillispie, it was
RESOLVED TE$~T THE ~outhOld Town Bo~rd of Appeals set 8:45
P.M. (E.S.T.), Thursday, June 29, 1972, at the Town Office,
Main Road,. ~Omthold, New Yo~k, as ~he time amd place of hea~ing
upon a~licatie~ of Robert Ne~el~ a/~ The Boath~se Restaurant,
~tirling ~ber ~i~, G~eenpo~t, New York, for a s~ial
exception in accordance ~th ~he Zoning O~di~nce, ~ic!e III,
Section 300, ~sec$ien G-$f, for pe~isston to erec~ a~ eff-
pre~ses directional sign. ~ca~ion of property: en property
ef N~leelm R~ket$, b~ed no~h by ~rausne~, east by Cisterime;
s~$h by Chaplin Place; amd wes~ by ~im ~reet, Greenport, ~W
York.
Vote of the Board: Ayes:_MEssrs.: Gillispie, Bergen, Grigenis,
Hulse.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RE~OLVED Shat the ~outhoid Town Beard of Appeals set 8:55
P.M. (E.~.T.), ~ursday, June 29, 1972, at the Town Office,
N~in Read, ~Outhcld, New York, as the time and place of hearing
upon application of Volinski OLds, Inc., TRaveler Street,
~o~theld, New York, for a specia! exception in accordance with
the Zoning 0~di~nce, Article VI and VII, Sections 600 O and 700 D,
Subsection 3d for permission toerect a perpendicula~ sign on
front wall of public garage. Location cf property: south side of
Traveler Street, Semthold, New York, bounded north by TRaveler
Street; east by Yemngs ~venue; south by Eisemann and Terp; and
west by Prince.
Veto of the Board: Ayes:- Nessrs: Gillispie, Bergen, Grigenis,
Hulse.
On motion by Mr. Hulse, seconded by Mr. Grigenis, it was
RESOLVED that the Ee~thold Tom~ Board of Appeals set 9:10
P.M. (E,E.T.), Thursday, June 29, 1972, a~ She Te~ 0ffiee,
~in Road, E~theld, ~w York, as ~ $i~ and p~ce ef he~ing
upon application ef ~g~et and John ~sk, Riley AVe~e, ~ttituek,
New Ye~k, fe~ a v~ianee in accordance with the Zoning ~dinanee,
~tie!e ~II, ~ee$ien 301, for permission $0 divide property and
build a second dwelling. Location of p~eperty: east side of
Riley Aven~e, ~t~iSmck, ~ Ye~k; ~t N~. ~;~, ~p e~ G. W. & D.
R i~y.
Vote of the Beard: Ayes:- Messrs: Gillispie, BErgen, Grigonis,
~Ulse.
Se~thold Town Beard ef Appeals -46-
june 15, 1972
On motion ~¥ Mr. Grigonis, seconded by Mr. Bergen, it was
RESOLVED tha$ the Southold Town Board of Appeals set 9:25
P.M. (E.E.T.), Thursday, June 29, 1972, at the Tewm Office,
Main Road, ~outhold, New Y~vk, as the time and place of hea~ing
upon application of Jerry Villani, 60 W. Oakdale St., Bayshore,
New York, for a special exoeptlon in accordance with the Zoning
Ordinance, Article VII, Section 700, ~bseetton B-4, for
permission to erect a. gasoline service station. Location of
property: south side ef Middle Road (00unty Road 27); east by
Private Road (Paults Lane); south by J. Ermpski and others;
and west by J. KRupski and others.
Vote of the Boa~d: Ayes:- Nessrs: Gillispie, Bergen, Grigonis,
Hulse.
On motion by Mr. Gillispie, seconded by MR. Hulse, it was
RESOLVED that the Southeld Town Board of Appeals set 9:40
P.M. {E.~.T.), Thmrsday, June 29, 1972, at the Town Office,
Main Read, Seuthold, New York, as the time and place of hea~ing
upon application of John N. Ventaau, 47 E. Deer Park Road,
Dfx Hills, New York, for a variance in accordance with the
ZOning Ordinance, Article III, Section 301, and Artiole X,
Section I000&, for permission to divide property in lets of
less than required area. Lecatlen ef property: south side of
Birch Drive, Laurel, New York, bounded neath by B~rch Drive;
east by Lyon and Manzeli; south by PEconic Bay Blvd. and lands
new er formerly of Buckley, Parsons, Cox and ethers; and west by
land now or formerly of J. Blair Young.
Veto of the Beard: Ayes:- Messr~: Gillispie, Bergen, Grigenis,
Hulse.
On motion by Mr. Hmlse, seconded by Mr. Grigonis, it was
REEOLVED that the Sou~held Town Beard of Appeals set 10:00
P.M. (E.~.T.), Thursday, June 29, 1972, at the Town Office,
Main Read, ~euthold, New York, as the time and place of hea~ing
upon application of Joan R. Wood, ~3 Old Comma~k Read, Kings
Park, New York and Salvatore and Philip Loria, First Street, New
~ffelk, New York, for a variance in accordance with the Zoning
0Rdinanoe, A~tiole XII, Section 1204 for permission te reinstate
non-conforming use. Location e.f property: east side of ~irst
~treet, New ~uffolk, NEw York, oeunded north by M, Martin; east
by ~he Bay; south by Kine Street; and west by First Street.
Vote of the Beard: AYes:- Messrs: Gillispie, Bergen, Grigonis,
H~lse.
Southold Town Board of ~ppeals -47-
June 15, 1972
On motion by MR. Bergen, seconded by Mr. Gillispie, it was
RE~OLVED that the Seuthold Town Board of Appeals set 10:15
P.M. (E.S,T.), Thursday, Jmne 29, 1972, at the Tow~ 0£fice,
FAin Road, Semthold, New Ye~k, as ~he ti~ and place of he~ing
upon application of ~t~i~uok ~ree Libr~y, ~t~ftuok, New York
fo~ a special exception in accordance wish the Zoning ~dinance,
~ticle I~, ~ec$ien 300, ~bse~tion B-I~, fo~ permiszion to
conduct a y~d sale on Ju~ 1, 1972; rain date Ju~ 8, 1972.
~eatien of property: souSh side ef ~i~ Road, Mat~ituck, New
York, b~nded north by the ~in Road; east by Rein OAthotte
Church, BRook~n Diocese; s~uth by Winarz; and west by Reeve and
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, GRigonis,
Hulse.
On motion by MR. Gillispie, seconded by Mr. Hulse, it was
RESO~ED that the Southeld TowmBoard of Appeals set 10:20
P.M. (E.S.T.), THursday, Jane 29, 1972, at the Town Office,
Main Road, SOUTEOLD, New York, as the time and place of hearing
upon application of ~R&nk~awiCki, WALter Sawicki, and Oeeelia Sawicki,
Neath Road, Se~thold, New York, for a variance in accordance with
the Zoning Ordinance, ~ticle III, Section 301 and the Town LAw Section
250 A, for permission to set elf a let with koss than required area
and approval ef access. LOcation of property: south side of
0ounty Road 27, Southold, New York, beu~ed north by other lands
of a~plicants, east by lands of Richmond, south by lands of Papson;
and west by othe~ lands of applicants.
V~te of the Board: Ayes:- Messrs: Gillispie, Bergen, GRigonis,
Hulse.~
On mo%ionby Mr. Hulse, seconded by Mr. Grigenis, it was
RE~OLVED that the Seuthold Town Bea~d of APpeals set 10:35
P.M. (E.~.T~), Thursday, Jane 29, 1972, at the Town Office,
Main Road, S~thold', New York, as the time and place of hearing
upon application ef W
illiam WICkham, Esq., Main Road, Mattttuck,
New York a/c Estate ef Augmst Eantini, for a variance in accordance
with the Zoning Ordinance, Article II~, ~ection 301, for permission
to divide lots with less than requi~ed area. Location of property:
north side of Westphalia ROAd, N~ttituek, NEw York, Lots 12, 13, 14,
1%, 15, 17, 18 and 19, MAp of Tolleweed, Mattituck, New York.
Vote of the Beard: Ayes:- MEssrs: Gillispie, Bergen, Grigonis,
Hulse.
Southold T~wn Beard ef Appeals -48-
June 15, 1972
The Meeting was adjeur~ed at 12:30 A.M., $/16/72.
Rebert W. Gillis~'ie, Jr., Ohai~ma~
Respectfully submitted,
~~ermott, Secretary
Eeutheld Tewn Beard ef Appeals