HomeMy WebLinkAboutZBA-06/07/1973 APPEAL BOARD
MEMBER
Robert ,.,,v./. Gill[spie, Jr., Chairman
Robert Bergen
Charles Grigoni.~. Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
$outhold Town Board o£ Appeals
-qOUTHOLD, L. I., N.Y. 11-971
Telephone 765-26~0
SOUTHOLD TOWN BOARD OF APPEALS
June ?, 1973
A regular meeting of the Southold Town Board ef Appeals
was held at 7:30 P.M., Thursday, June 7, 1973, at the Town
Office, Nain Road, Southold, New York.
There were present= Messrs: Robert W. Gillispie, Jr.,
Chairmanl Robert Bergen~ Charl'es Grigonis, Jr.~ Fred Hulse, Jr.
Also present: Nr. Howard Terry, Building Inspector.
Absent: Mr. Serge Doyen, Jr,
THE CHAIRNAN: A hearing was held on Appeal No. 1777,
John and Marie Ball, on Nay 24, 1973. A decision was
postponed until tonight's meeting. The application was
prepared by a friend, Mr. John Hughes. The person who signs
the application has to have a substantial interest in the
property. That is the reason for the delay in rendering a
decision.
The applicant had two lots Nos. 74 and 75 and sold Lot 75.
~/LE. JOHN BALL~ I transferred that lot in 19?l, It was
recorded'in the Suffolk County Clerk's Office on December 9,
1971.
THE CHAIRMAN: The developer delayed doing anything with
the road. You had a legal lot and sold a legal lot prior to
December 17, 197~ at which time the Ordinance was revised upward.
Southold Town Board of Appeals ~2-
June ?, 1973
After investigation and inspection the Board finds that
applicant is the owner of Lot Ne, 7~, Map of Cleaves Point -
S~ction III, which is an approved.subdiVision. At the time
oz purchase the lot was a legal~slze let, The Beard finds
that applicant also purchased Lot No. 75 at the same time
that he purchased Lot No. 74 but subsequently sold Lot Ne. 75,
which was also a legal size building lot. Lot No. 74 has
100 feet on Dawn Drive. The Board agrees with the reasoning
of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship~
the hardship created is unique and would net be shared by all
properties alike in the immediate vicinity of this property
and in the same use districtl a~d the variance will not change
the character of the neighborhood, and will observe the spirit
of the Ordinance.
On motion by Mr, Gillispie, seconded by Mr. Bergen, it was
EESOLVED, Joh~ and Marie Ball, 51 East 73rd Street, New
York City, be GRANTED permission to construct dwelling on
Lot #74, Nap of Cleaves Point, Section III, as applied for.
Vote of the Board~ Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC HEARING: Appeal No. 1780 - 7:30 P.M. (E.S.T.),
upon application of George A, and Helen H. McCarthy, Bay Avenue,
Mattituck, New Y~rk, for a variance in accordance with the
Zoning Ordinance, Article XVII - Bulk Schedule, for permission
to divide preperty with less than required area a~d frontage.
Location of property: west side Bay Avenue, Mattituck, bounded
north by Main Road~ east by Bay Avenue~ south by E. and H.
Wilsberg~ west by E. and H. Wilsberg, Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variaace, legal notice of hearing, affidavit attesting
te its publication in the official newspapers, and notice to the
applicant.
THE CHAIEN~N: Is there anyone present who wishes to speak
for this application?
WILLIA~ J. CLARK, ESQ.: I am the attorney for the appli-
cant. The character of the area would not be changed and the
Southold Town Beard of Appeals
June 7, 1973
existing building would remain. It has been separated for the
past twenty years or so. It does not meet the requirements in
frontage or area. However, the remaining property would meet
the requirements if it were granted. On Bay Avenue there is
244 feet, the total area would be close te ~O,00~ sq. ft. The
purchasers propose a professional building.
THE CN~IRNAN: Accordin~ to the new Ordinance 150 foot
frontage is required. Actually, this is net an application
to establish a garage.
NR. GEORGE McCARTHY: It's body and repair ~.ud has been
in existence for many years. The property, in question, I have
owned with my wife for about 25 years, and during these years
it was operated in three sections.., garage area in the rear,
residence, and -~acant let. During the past two years I have
rented the vacant lot te Beat Sales so the property has been
completely in three sections for all those years. I would
prefer; new; to sell off the section where the house is and
the section where the boats are, and keep the small section
that we have been using for a garage and te allow it to remain
as a garage. The ether portion, a~ter the house has been
removed~ will give the new owner the opportunity te put a
professional building there. I think there would be zoning
restrictions em it so it would be up te you as to what the
new owner can do with it. I am asking that the other one-
third remain the same. It would be 138 feet on Nain Road,
244.5 en Bay Avenue, 126 feet en the semtherly side, and then
it would come back te the point of beginning.
THE CHAIRNAN: You want 138 feet of this on ~ain Road?
N~. NcCARTHY~ Yes, a~d the entire Bay Avenue line, and
126 feet en the southerly side ~nd back te the p~int ef be-
gio~ing. The property is completely surrounded by business.
There is a plum~i~g shop on the west, a cemetery on the ~rth,
and a gas station en the east.
THE CF~IR~N: Does anyone else wish to speak for this
application?
(There was ~o response.)
THECHAIRNAN: 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 with less
than requirea area and frontage on premises located en the west
side of BaY Avenue~ ~attituck. The findLngs of the Beard are
Southold Town Board ef Appeals
-4-
June 7, 1973
that the entire property has been used for business except for
a small portion which has been used for a residence. The
Board~ further~ fLuds that, in effect, this division of property
will not change the activities of the Body Shop presently
occmpying the westerly portion of the property. The Board
agrees with the reasoning of the applicant.
The Board finds that strict application ef the Ordinance
would produce practical difficulties er urn~ecessary 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.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, George At and Helen H. McCarthy, be GRANTED
permission te divide property with less than required area and
frontage on premises located on the west side of Bay Avenue,
Mattituck, New York, as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC HEARING: Appeal Ne. 1782 - 7:40 P.M. (E.S.T.),
upon application of Dillaye R. Davis, Sterling Road, Cutchogue,
New York'~ for a variance in accordance with the Zoning Ordinance,
Article III~ Section 301 and the Balk Schedule, for permission
to divide lots with less than required area and frontage.
Location of property: north side Sterling Road, Cutchogue,
bounded north by Kruzer & Riebe~ east by E. McGarry~ south by
Sterling Road~ west By Boyd. Fee paid
The Chairman opened the hearing by reading the application
for a v~riance, legal notice of hearing, affidavits attesting to
its publication in the official newspapers, and notice to the
applicants.
THE CHAIRMAN: The application is accompanied by a survey
showing the two lots owned by the applicant~ one was acquired in
1949 and the other was acquired in 1963. EaCh parcel has an
area of O.556 acres. The easterly lot has a residence on it.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MR. WILLAR~ LAWRENCE: I live diagonally across the street.
Allthe properties with the exception of Boyd's are as small er
June ?, 1973
Seuthold Town Board of Appeals -5-
smaller than that piece. I think the size is commensurate
with the size of properties surround~ it . It will not
differt~frem the neighborhood, ~nd will be a very comfortable
piece ef land.
WILLIAN WICK~LAM~ ESQ.: I submitted with the application
a very large survey ef the ~rea. I think that it speaks for
itself~ showing the lets withi~ the block, and also shewing
in detail the distances be$#een ~rs. Davis's residence and
all the other residences. It certainly fits i~ with the
patter~ of the whole area, as Nr. Lawrence has indicated.
THE CHAIRS~N: Is there anyone present who wishes to
speak aga~st this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant reqmests permission to divide lots with less than
required ~rea and frontage en premises located on the north
side ef Sterling Read~ Cutcheg~me. The findings ef the Board
are that after division of property the lots would be as
large or l~rger than surrounding properties. The Beard agrees
with the reasoRing of the applicant.
The Board finds that strict application of the Ordinmmance
would produce practical difficulties or ur~ecessary hardship~
the hardship created is unique and would not be shared by all
properties alike in the immediate vicLuity of this property
and in the same use district; and the variance will net change
the character ef the neighborhood, and will observe the spirit
of the Ordinance.
On motion by Nr. Grigonis, seconded by Nr. H~lse, it was
RESOLVED; Dillaye R. Davis~ Sterling Read, Cutchogue,
New York~ ~e GRANTED permission to divide lots with less than
required area and frontage on premises located on the north
side ef Sterling Road~ Cutchogue, as applied for.
Vote of the Board: Ayes:- Nessrs: Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC HEARinG: Appeal Ne. 1783 - 7:5~ P.M. (E.S.T.),
upon application of A~drew J. and Sophie F. Cybulski, Depot
Laue; Cutchogue~ New York~ for a variance in accordance with
the Zoning Ordinance; Article III, Section 301 and Bulk Schedule~
and Section 280A of the Town Law, for permission to divide
Southold Town Board of Appeals -6-
June 7, 1973
property with insufficient area and frontage and approval of
access. Location of property: west side Depot Lane, Cutchogue,
bounded north by Long Island Railroad, J. Gruhoski and T. L.
Shalvey~ east ~y Depot Lane~ south by Francis ~cCaff~ry and
Ignatius Smith, west by W. Heaney and others. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits 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?
WILLIAM WICKHAN, ESQ.~ I believe I have explained the
purpose of the application as being tWo-fold~ that is, to turn
the farming operation over to the boys and to retain the
residence parcel. Th~ sons would have access on the right of
way. This access is ~ust for farming operations, just for as
long as they farm, but if it's turned into a subdivision that
easement would be terminated. They would have to join with
someone else on the subdivision.
THE CHAIRMAN: The right of way is 15 feet. Is that ade-
quate for the lot?
NR. WICKHA~: It is adequate for a farming operation. They
would not want to have a right of way there if it were a sub-
division.
THE CHAIRMAN: DOES anyone else wish to speak for this
application?
(There was no response.)
THE CHAIRNAN: 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 divide property with insufficient
frontage and area and approval of acc?~s, located on the west slde
of Depot Lane, Cutchogue. The Board finds that applicants wish
to convey the 5.487 acres to their sons as part of their farming
operations, and to retain the residence parcel of 0.692 acres
subject to a 15 foot right of way along the northerly boundary so
the acreage may have access to Depot Lane. The Board agrees with
the reasoning of the applicants.
Southold Town Board of Appeals ~7-
June 7, 1973
The Beard fLuds 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
~ud 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 Mr. Grigenis, seconded by Nfo Hulse, it was
RESOLVED, Andrew J. and Sophie F. Cybulski, Depot Lane,
Cutchegue, New York, be GRANTED permission to divide property
with insufficient area and frontage ~ud approval of access on
the west side of Depot Lane, Cutchogue, New York, as applied
for.
Vote of the Board:
Grigonis.
Ayes:- ~essrs: Gillispie, Bergen, Hulse,
PUBLIC HE~ING: Appeal No. 1784 - 8:00 P.N. (E.S~T.),
upon application ef Nartha C~ Leibell, 160 East 48 Street,
New York, N. Y., and HerBert R. Henry, 61 Reeve Road, Reckville
Center, N.Y., for a variance in accordance with the Zoning
Ordinance, Article III, Section 301 and the Bulk Schedule,
for permission te divide property with less than required
area. Location ef property: south side New Suffolk Avenue,
Cutchogue, bounded north by New Suffolk Avenue, east by
Nunkenbeck~ south by Seama~ west by J. Dean. Fee paid
The Chairman opened the hearing ~y reading the application
for a variance, legal notice of hearing, affidavits attesting
te its publication in the official newspapers, and notice to
the applicant.
THE CHAIR~dI: Is there anyone present who wishes to
speak for this application?
RUDOLPH H. BRUER, ESQ.: ~rs. Leibell is the owner
of record and it is my understanding that Herbert R. Henry
is her nephew. She would like to convey the front portion to
Nr~ Henry. The Deed was execmted but has not been recorded
conveying the front portion~ This would be a conforming let
but would leave the remaining let substandard. The total
acreage is 78,300 sq. ft. and the applicant would like to set
it off in two lets. This is an old Nap... as you can see it
was originally one single piece. (The Board and Nr. Bruer
discussed the boundaries on the Nap).
Southold Town Board of Appeals -8' June 7, 1973
THE CHAIRNJuN:
with a house en it?
The proposal is te~ set off 40,000 sq.
NR. BRUER: We would like to split it in half as nearly as
possible.
THE CHAIRNAN: The ti~e would have te be set by a s~veyor.
~/{. BRUER: Mr. Van Tuyl would do it. I believe the Deed
would have te be revised to make it conform. The Deed shews the
front portion to be pretty much a~ acre. A survey was drawn
on that piece ef property. To make it mere equal, the line
could be drawn back a little bit.
THE CHAIRM3~N: Does anyone else wish te speak for this
app!icatien?
(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 Beard finds that
applicant requests permission todivide property with less
than required area, located on the south side of New Suffolk
Avenue, Cutchegue. The findings ef the Board are that the
division of property will leave two lets of approximately
39,000 sq. ft. each. The Board agrees with the reasoning of
the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties cr unnecessary hardship~
the hardship created is unique and would not be shared by all
properties alike in the immediateivicinity of this property and
in the same use district~ and thelvariance will net change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
On motion by Mr. Gi!lispie, seconded by Mr. Bergen, it w~s
RESOLVED, ~artha C. Leibell, 160 East 48 Street, New York,
N.Y., and Herbert R. Henry, 61 Reeve Road, Rockville Center, N.Y.,
be GRANTED permission to divide property with less than required
area, Located on the south side of New Suffolk Avenue, Cutchog~e,
as applied for, subject to the following conditions:
1. That applicant divide the property equally so that
each lot will measure approximately 39,000 sq. ft.
2. That applicant f~ish the Beard ef Appeals with a
copy of survey shewing the equal division of the lets.
Vote of the Board:
Grigenis.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
Southold Town Board of Appeals
-9- June 7, 1973
PUBLIC HEARING: Appeal No. 1781 - 8:10 P.M. (E.S.T.),
upon application of John and Rose Koreleski, Sound Avenue,
Mattituck, New York, for a special exception in accordance
with the Zoning Ordinance, Article III, Section 300, Subsection
C-6d, for permission te erect subdivision identification sign
with reduced setback. Location of property: Lot #4, Map of
Rosewood Estates, corner of Cox Neck Lane and Rosewood Drive,
Mattituck, New York. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavits
attesting to its publication in the official newspapers, and
notice to the applicant.
THE CHAIRNAN: Is there anyone present who wishes to
speak for this application?
MR. JOHN KOROLESEI:
in the setback.
I would like to have a reduction
THE CHAIR~AN: How much land have you got for sale
back there?
MR. KOROLESKIt t have about 21 acres.
THE CHAIRMAN: How far back would it be from Rosewood
Drive?
MR. KOROLESKI: About 20 feet.
THE CHAIR~AN: It would be hidden by trees in any other
direction so this appears to be as good a place as any for the
subdivision identification sign.
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
(There was no responses)
After investigation and inspection the Board finds that
applicant requests permission to erect subdivision identification
sign with reduced setback on Lot #4, Nap of Rosewood Estates,
Mattituck, New York. The Board agz-ees with the reasoning of
the applicant.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or
permitted use of neighborhood property and adjoining use
districts will not be permanently or substantially injured and
the spirit of the Ordinance will be observed.
Seuthold Town Board of Appeals -10-
June 7, 1973
On motion by ~r. Gillispie, seconded by ~r. Grigenis, it was
RESOLVED, Joh~ and Rose Koroleski, Sound Avenue, Nattituck,
New York, be GRANTED permission to erect subdivision identification
sign with reduced setback on Lot #4, Nap of Rosewood Estates,
~attituck, New York, as applied for, subject to the following
conditions:
1. The sign shall be subject te all rules and regulations
governing signs in the Town of Seutheld.
The sign shall be granted for a period of one year,
renewable annually upen written application tc the
Beard of Appeals.
The sign shall be located at least five feet from
any property line.
Vote of the Board: Ayes:- Nessrs: Gillispiem Bergen, Hulse,
Grigonis.
PUBLIC HEARING: Appeal No. 1785 - 8:£0 P.~. (E.S.T.),
upon application of Dresses Restaurant, Main Road, Arshamomaqme,
New York, for a special exception in accordance with the Zonin~
Ordinance, Article III, Section 300, Subsection C-6f, for permzssien
to erect off premises directional sign en property of Chapel Lane
Associates, located south side Couuty Road 2?, Arshamemaque,
bounded north by County Road 27, east by A. Shames and others~
south by St. Peters Church ~ud others~ west by Chapel Lane.
Fee paid
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavits
attesting to its publication in the official newspapers, and
notice te the applicant.
THE CHAIR~N: A consent for theerection efa directional
sign has been signed by Dr~ DeShrage, ~ud a rough sketch ef the
sign accompanies the application.
THE CHAIRMAN: Is there anyone present who wishes te speak
for this application.
(There was no respense)o
MR. ROBERT BERGEN~ Is this a temporary sign?
NR. HOWARD TERRY, Building Inspector: As the application
doesn't state that, we have to treat it as a permanent sign.
There are plans to rebuild the railroad bridge. I don't know
what will happen when they tear out the Mill Creek bridge.
Somthold Town Board of Appeals
-ll-
June
MR. ROBERT BERGEN: I don't think we can allow that size
sign.
THE CHAIRMAN: The fact that it's more th~n one business
is no longer pertinent.
NLq. HOWARD TERRY, Building Inspector: 6' x 8' size was
pre-existing.
THE CHAIRS~N: We had three different directional sizes.
This two sided sign will direct people to the cocktail lounge
and the restaurant, but the sign may not be any larger than
4' x 6' in size.
THE CHAIRMAN:Is there ~nyone present who wishes to speak
against this application?
(There was no response,)
After investigation and inspection the Board finds that
applic~ut requests permission to erect off premises directional
sign on property of Chapel Lane Associates, located south
side County Road 27, Arshamomaque. The Beard agrees with the
reasoning of the applicant subject te conditions.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will not
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Grigenis, it was
RESOLVED, Drosses Restaurant, Main Road, Arshamomaque, New
York, be GRANTED permission to erect off premises directional
sign on property of Chapel Lane Associates, located south side
of County Road 27, Arshamomaque, as applied for, subject to the
following conditions~
1. That the sign shall be subject to all rules and regu-
lations governing signs in the Town of Southold.
2. That this directional sign shall be no larger th~n
4' x 6' in size.
3. That the sign shall be located at least five feet from
any property line.
4. That the sign shall be granted for a period of one year,
renewable arn~ually upon written application to the Board ef
Appeals.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigenis.
Seuthold Town Beard of Appeals -12-
June ?, 1973
PUBLIC ~ING: Appeal No. 1792 - 8:30 P.M. (E.S.T.),
upon application of James W. Newell, MainRead, Mattituck,
New York, for a special exception in acoerda~ee with the
Zoning Ordin~Rce, Article VII, Section 700, Subsection B-4,
for permission to operate an automobile repair shod (public
garage). Location of Dreperty~ east side Main Read, Mattituck,
boanded north by L. Lindsay~ east by F. Steiner and ethers~
south by C. Miller~ west by Main Read (Reate 25). Fee paid
$ 5.oo.
The Chairm~n opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavits
attesting to its publication in the official newspapers, and
notice te the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this applzcat~oR.
MR. JA~ES W~ NEWELL: I am here te speak for the application.
THE CHAIR~N: What do you de at this location now?
MR. NEWELL: Nethingo I am waiting for the T~wn so I can
get my tax number ~ud insmrances. The zoning is B-1.
THE CHAIRMAN: Have yea read the OrdLnance? Dc you know
the restrictions? (The Chairman read the section on public
garages from the Ordinance). Can you meet the driveway
requirements?
MR. NEWELL: Yes.
THE CHAIR~: Are you using the residence new?
MR. NEWELL: It's my mother's house.
THE CHAIRMAN: Is she going to continue te live there?
MR. NEWELL: Yes. I just want to get started there and
go somewhere else within the next two years. This is just
build uD the business.
THE CHAIRMAN: You are not going to sell gas?
MR. NEWELL: No gas, just ~il,
THE CHAIRN~N: Will you have any vehicle lifts?
~R. NEWELL: No.
Seuthold Town Board of Appeals -13- J~e ?, 1973
THE CHAIRr~AN~ Can you locate all the parts andsupplies
within the building?
MR. NEWELL: Yes.
THE CHAIRMAN: You will not store any gas and inflammable
oils in bulk?
MR. NEWELL: No storage, and no gasoline pump.
THE CHAIRN32~: Will there be any meter vehicle sales or
used cars?
MR. NEWELL: Ne.
THE CHAIRMAN: Can you eliminate cars from in front of
your mother's house?
· N~. NEWELL: Yes, they are going to the dump.
THE CPL~IRr~AN: What are you doing there now?
MR. NEWELL: I am getting my tools ready. ThOse are my
cars. I am stripping them and getting them ready to take te
the dump,
THE CHAIR~AN: Do you own the property?
MR, NEWELL: My father does, He built the garage for me.
THE CHAIRMAN: Does anyone wish to speak against this
application?
MR. JAMES McLITRICH, Brooklyn, New York: I maintain a
second residence in Mattituck in the vicinity of the property
in question here, It is about 200' or 300' away. I am on the
east side of Maim Road off a private read and the creek, which
was the Boucher property, i go into a right ef way between
Steimer amd Miller. Steiner goes out through the same right ef
way between Kron ~ad Miller... Lindsay-Newell~ Miller-Kron. I
feel this is net a suitable business for that area. The number
ef cars is growing and I feel it will be a graveyard for wrecks.
There are ne suitable fire-proof buildings. It is rather an old
frame structure. I feel it is net suitable for the work that has
been proposed, These things can snowball. You start off with
two cars and then there are six er eight. I don't want te
prevent anyone from earning a living but I feel there are other
places for this type of service. I don't think it should be
for dismantling jobs.
Southold Town Board of Appeals
-14-
June 7, 1973
THE CHAIRNAN: I believe the applicant states he is going
to quit dismantling cars~ He proposes to eliminate the cars
which are there at the present time. From that standpoint, it
might improve the area~
N~R. ~cLITRICH: I believe a Section in the Ordinance states
that these are not to be stored in the open. I don't know if the
garage is suitable for more than one car at a time~ with tools.
In this type of Work there are various inflammable materials
to be kept, I don't think the present building is suitable for
storing this type of material.
THE CHAIRNAN: ~ost gas stations are not fire-proof.
~. FRED HULSE, JRt: The word is "fire resistant".
?~. ~cLITRICH: I amend that. Certainly an old frame
building is not suitable~
What has the property been used for in the
~. NEWELL: Ny father had a garden back there.
THE CHAIRNAN: If the Board granted this, we would restrict
Mro Newell to the activities he has named, and we would restrict
in terms of time, probably three years.
~d{. ~cLITRICH: There is new home construction going on there
where I have my place, and I don't think this business would lend
itself to the character of the area.
THE CHAIR~N: This is a business area and the people in
the residential area can't say what businesses they would like
to have. We try to adapt existing services to the Ordinance.
Many residential lots are too small under the present zoning
ordinance. We can't change what has h~ppened in the past.
5~R. NcLITRICH: You can influence the future. If every
other structure were this type of business, it would change the
character.
THE CHAIR~&~N: Business is permitted in a Business zone.
This is a permitted use in a heavy business section.
NR. PETER WARREN: I hate to see cars hanging over the
streets, and wrecks in front. If the Board can put restrictions
on it, fine. There have been wrecks there, dump cars, un-
registered cars.., everything.
THE CHAIR~IAN:
past?
Southold Town Board of Appeals
-15- June 7, 1973
THE CHAIRM~N~ If this were permitted, this limited use,
a line should be drawn from the rear of the house - residential -
parallel to the Main Road~ and there should not be any dis-
mantled vehicles on the property.
MR. NEWELL: Next week they will all be gone.
MR. MCLITRICH~ On the question of the driveway in and out,
the applicant said he had permission to use the adjoining
driveway to the east.
MR. HULSE: Mr. Newell should get writteh permission from
Mr. Li~dsay.
THE CHAIRMAN: Are there any other questions?
(There was no response.)
After investigation and inspection the Beard finds that
the applicant requests permission to operate an automobile
repair shop (public garage) on the east side of Main Road,
Mattituck, New York. The Beard agrees with the reasoning of
the applicant subject to restrictions.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will
not be permanently or substantially injured and the spirit of
the Ordinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, James W. Newell, Main Road, Mattituck, New York,
be GRANTED permission te operate an automobile repair shop
(public garage) on the east side of Main Road, Mattituck, New
York, as applied for, subject to the following conditions:
That no vehicles shall be stored north of the line
determined by the back line of the residence on the
property.
2. That there shall be no gasoline sold.
3. That there shall be no vehicle lifts.
That written permission shall be obtained to use the
adjoining driveway to the east for entrance and exit.
That all service or repair of motor vehicles, other
than minor service, shall be conducted inside the
building.
Southeld Town Board of Appeals -16- June 7, 1973
10.
or may not be renewed.
Vote of the Board:
Grigonis.
6, That permission is__not granted for storage of
flammable oil in bulk.
That there shall be no motor vehicle sales.
That there shall be no used car sales.
9, That applicant shall remove all vehicles presently
stored on the premises by July l, 19~3.
That this permission is gra~ted for the period from
June 7, 1973 to July l, 1976, at which time it may
Ayes:- Messrs: Gillispie, Bergen, Hulse,
PUBLIC HEARING: Appeal No. 1786 - 8:40
upon application of ~attituck Free Library, Main Road, Mattituck,
New York, for a special exception in accordance with the Zoning
Ordinance, Article III, Section 300, Subsection B-14, for
psrmission to held a book sale on grounds of Mattituck Free
Library, on July 7, 1973~ rain date July 14, 1973. Location
of property: south side Main Road, Nattituck, bounded north
by Main Roadl east by Brooklyn Diocesel south by M. Winiarz
and others~ west by Reeve Lumber and Woodworking Co., Inc.
Fee paid $15~00.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavits
attesting to its publication in the official newspapers~ and
notice to the applicant.
A motion was made, seconded, and unanimously passed to
dispense with the reading of the legal notice.
THE CHAIR~N: Is there anyone present who wishes to speak
for this application?
(There was no response.)
THE CHAIRN~N: Is there anyone present who wishes to speak
against this application ?
(There was no response.)
Southold ToWn Board of Appeals -17- June 7, 1973
After investigation and inspection the Board finds that
applicant requests permission to hold a book sale on grounds
of Mattituck Free Library on July 7, 1973~ rain date July 14,
1973, on the south side of Main Road, Mattituck, 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 permanently or substantially injured and the spirit of
the Ordinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED, Mattituck Free Library, Main Road, Mattituck,
New York, be GRANTED permission to hold a book sale on grounds
of Mattituck Free Library on July 7, 1973~ rain date July 14,
1973, on the south side of Main Road, Mattituck, New York,
as applied for, subject to the following conditions:
Permission is for a one day book sale to be held on
a specific date, with a specific rain date.
Applicant must provide someone to supervise parking
to prevent blocking neighbors' driveways.
Vote of the Board:
Grigonis.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
PUBLIC HEARING: Appeal No. 1787 - 8:~5 P.M. (E.S.T.),
upon application of Dolores M. Wren, Hippodrome Road, Beixedon
E~tates, Southeld, New York~ for a special exception in
accordance with the Zoning Ordinance, Article III~ Section 300,
Subsection B-14, for permission to hold a yard sale on July 20,
1973~ rain date July 21, 1973. Location of property: Lot #1,
Map of Beixedon Estates, Block 7, south side Hippodrome Drive~
Southold, New York. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a special exception, affidavits attesting to its publication
in the official newspapers, and notice to the applicant.
A motion was made, seconded and passed unanimously to
dispense with the reading of the legal notice.
THE C~&IRN~N: Is there anyone present who wishes to speak
for this application?
(There was no response.)
Seuthold Tow~ Beard of Appeals
mlS-
J~Lue 7, 1973
THE CHAIR~N: Is there anyone present who wishes te
speak against this application?
(There was no response.)
After investigation and inspection the Beard finds that
applicant requests permission to hold a yard sale en July 20,
1973~ rain date July 21, 1973 on Lot #l, Map of Beixedon
Estates, south side Hippodrome Drive, Southeld, New York.
The Board finds that the public convenience and welfare
~ud justicewill be served and the legally established or
permitted use of neighborhood property and adjoining use
districts will not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED, Dolores M. Wren, Hippodrome Read, Beixedon
Estates, Southold, New York, be GRANTED permission to hold a
yard sale on July 20, 1973~ rain date July 21, 1973, on Lot #1,
Map ef Beixedon Estates, south side Hippodrome Drive, Southold,
New York, as applied for, subject to conditions of Resolution
of the Southold Town Board of Appeals dated June 15, 1972, as
follows:
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 owner and his family and may not
include property of ethers unless it is for a
charitable purpose.
Applicant must provide someone to supervise parking
at the yard sale to prevent blocking neighbors'
driveways.
Vote of the Board:
Grigonis.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
PUBLIC HEARING: Appeal Ne. 1788 - 8:50 P.M. (E.S~T.),
upon application of Lillian Hovell, 965 Arshamomaque Avenue,
Beixedon Estates, Seuthold, New York, for a special exception
in accordance with the Zoning Ordinance, Article III, Section
300, Subsection B-14, for permission to hold a y~rd sale on
July ?, 1973~ rain date July 14, 1973o Location of property:
Lot #15, Map of Beixeden Estates, Block 2, east side Arshamomaque
Avenue, Southold, New York. Fee paid $15.00.
Southold Town Board of Appeals
-19-
June 7, 1973
The Chairman opened the hearing by reading the application
for a special exception, affidavits attesting to its publication
in the official newspapers, and notice to the applicant.
A motion was made, seconded, and passed unanimously, to
dispense with the reading of the legal notice.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(There was no response.)
THE CHAIR~&N: Is there ~uyone present who wishes to speak
against this application?
(There was no response,)
After investigation and inspection the Board finds that
applicant requests permission to hold a yard sale on July 7,
1973~ rain date July 14, 1973, on Lot #14, Map of Beixedon
Estates, east side Arshamomaque Avenue, Southold, 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 p~rmanently or substantially injured
and the spirit of the Ordinance will be observed.
On motion by Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED, Lillian Hovell, 965 Arshamomaque Avenue, Beixedon
Estates, Southold, New York, be GRANTED permission to hold a
yard sale on July 7, 1973~ rain date July 14, 1973, on Lot #14,
Nap of Beixedon Estates, east side Arshamomaque Avenue, Southold,
New York, as applied for, subject to conditions of Resolution
of the Southold Town Board of Appeals dated June 15, 1972, as
fellows~
l. 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 of the owner and Bis family and may not include
property of others unless it is for a charitable purpose.
3. Applicant must provide someone to supervise parking at
the yard sale to prevent blocking neighbors' driveways.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
Southold Tow~ Beard of Appeals -20-
June 7, 1973
PUBLIC HEARING: Appeal No. 1789 ~ 8:55 PtM. (EoS.T.),
upon application of Roland Hingle, North Read and Carroll Avenme,
Pecenic, New York, for a special exception in accordance with
the Zoning Ordinance, Article III, Section 300, Subsection B-14,
for permission to hold a yard sale on June 16, 1973~ rain date
June 23, 1~73. Location of prope~ty~ corner ef County Road 27
and Carroll Avenue, Peconic, bounded north by County Read 27~
east by Carroll Avenue~ south by W. Hairston~ west by Woloski
and others. Fee paid $15.00.
The Chairman opened the hearing by readir~ the application
for a specialexception, affidavits attesting to its publication
in the official newspapers, and notice to the applicant.
A motion was made, seconded and carried unanimously to
dispense with the reading of the legal notice.
THE CHAIR~AN: Is there anyone present who wishes to speak
for this application?
(There was no response.)
THE CHAIRr~AN: Is there a~yone present who wishes te
speak against this application?
(There was no responses)
After investigation and inspection the Beard finds that
applicant requests permissiente held a yard sale on June 16,
1973~ rain date June 23, 1973 en premises located en the corner
of County Read 27 and Carroll Avenue, Pecenic, New York.
The Board finds that the public convenience and welfare and
~ustice will be served and the legally established or permitted
use ef neighborhood property and adjoining use ~istricts will
not be permanently or substantially injured and the spirit of
the Ordinance will be observed.
On motion by ~r. Hulse, seconded by Mr. Grigenis, it was
RESOLVED, Roland Hingle, North Read and Carroll Avenue,
Peeenic, New York, be GRANTED permission te hold a yardsale on
J~u~e 16, 1973~ rain date June 23, 1973 on premises located on
corner ef County Read 27 and Carroll Avenue, Peconic, New Y~rk,
as applied for, subject to conditions ef Resolution of the
Seutheld Town Board ef APpeals dated June 15,~ 1972, as follows:
1. Permission is for a one day yard sale te be held on
a specific date, with aspecific 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~
Southold Town Beard of Appeals
-21-
June 7, 1973
3. Applicant must provide someone to supervise parking
at the yard sale to prevent blocking neighbors'
driveways.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis~
PUBLIC HEARING: Appeal No. 1790 -.9:00 P.M. (E.S.T.),
upon application of Dante V. and Evelyn L. Morel, Bayvtew Read,
Southold, New York, for a special exception in accordance
with the Zoning Ordinance, Article III, Section 300, Subsection
B-14, for permission te held a yard sale on July l, 1973~ rain
date July 8, 1973. Location of property: Lets #1, 2, and 157,
Map of Cedar Beach Park, north side Bayview Read and west side
Cedar Beach Read, Southold. Fee paid
The Chairman opened the hearing by reading the application
for a special exception, affidavits attesti~ to its publication
in the official newspapers, and notice to the applicant.
A motion was made, seconded and approved unanimously to
dispense with the reading of the legal notice.
THE CHAIR~N: Is there anyone present who wishes te speak
for this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
zgainst this application?
(There was no responses)
After investigation and inspeetion the Board finds that
applicant requests permission to hold a yard sale on July l,
1973~ rain date July 8, 1973 at premises located on the north
side of Bayview Road and west side Cedar Beach Road, Southold.
The Board finds that the public convenience ~d welfare and
justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will
not be permanently or substantially injured and the spirit of
the Ordinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Dante V. and Evelyn L. Morel, Ba~view Read,
Southold' New York, be GRANTED permission to held a yard sale
Southold Town Board of Appeals -22-
June 7, 1973
on July l, 1973~ rain date July 8, 1973 at premises located
on the north side of Bayview Road and west side Cedar Beach
Read, Southold, New York, as applied for, subject te conditions
of Resolution of the Southold Town Board of Appeals dated
June 15, 1972, as fellows:
Permission is for a one d~y yard sale to be held on
a specific date, with a specific raAn date.
Permission is for the sale of household and personal
property of the o~er and his family and may not
include property of others ~less it is for a
charitable p~pose,
Applicant musk provide someone to supervise parking
at the yard sale to prevent blecking neighbors'
driveways.
Vote of the Board:
Grigonis.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
PUBLIC HEARING: Appeal No. 1791 - 9:05 P.M. (E.S.T.),
upon application of North Fork Teen Center, Inc., North Road,
Mattituck, New York, for a special exception in accordance
with the Zoning Ordinance, Article III, Section 300, Subsection
B-14, for permission to hold a yard sale on premises on June
30, 1973~ rain date July 7, 1973~ Location of property:
North side North Road (County Road 27), Mattituck, bounded
north by Morton Avenue (Road) and Kaiser~ east by C. Sanders
and C. Born~ south by North Road (County Road 27)~ west by
J. Hass and Bradley. Fee paid
The Chairman opened the hearing by reading the application
for a special exception, affidavits attesting to its publication
in the official newspapers, and notice to the applicant.
A motion was made, seconded and passed unanimously that
the Board dispense with the reading of the legal notice.
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,)
Southold Town Board of Appeals -23-
June 7, 1973
After investigation and inspection the Beard finds that
applicant requests permission to hold a yard sale on premises
on June 30, 1973~ rain date July ?, 1973. Location of premises:
north side North Road (County Road 27), Nattituck, 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 net
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
On motion by Nr. Bergen, seconded by Nr. Grigonis, it was
RESOLVED, North Fork Teen Center, Inc., North Road, ~attituck,
New York, be GRANTED permission to hold a yard sale on premises
on June 30, 1973~ rain date July ?, 1973, as applied for, subject
to conditions of Resolution of the Southold 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.
Applicant must provide someone to supervise parking
at the yard sale to prevent blocking neighbors'
driveways.
Vote of the Board: Ayes:- ~essrs: Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC HEARING: Appeal No. 1793 - 9:10 P.N. (E.S.T.),
upon application of David A. Rothman, Wain Road, Southold, for a
variance in accordance with the Zoning Ordinance, Article XII,
Section 1204 (a), for permission to expand existing non-conforming
use more than 50% of existing capacity. Location of property:
south side Traveler Street, Southold, bounded north by Traveler
Street; east by Henry Prince~ south by Czartdeskie~ west by Long
Island Traveler, Inc. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting to
its publication in the official newspapers, and notice to the
applicant.
THE CHAIRNAN:. The application is accompanied by a sketch
indicating that the applicant owns apiece of property which is
73 feet in width and 150 feet in depth, through the approximate
center of which there is an existing driveway for the Town parking
lot to the south. The easterly portion of the lot (19' x 150')
is occupied by abuilding currently used for storage by the
applicant. The size of the building is 16' x 22'. The balance of
the lot, to the west of the parking lot's existing driveway, is
Southold Town Board of Appeals -24- June 7, 1973
approximately 44' x 150' on which applicant proposes to construct
a 35' x 60' pitched roof (12' eave) structure with 10' x 10'
overhead door. The doer would be located at the southeast corner
of the building facing on the eXisting drive of the parking lot.
THE CM~IRSiAN: Is there anyone present who wishes to speak
for this application?
~. ROBERT ROTHMAN: I am associated in business with
David Rothman. The request is also in my behalf for the purposes
as stated in the application. It is a tentative thing at the
moment but we own the Blacksmith Shop which we are using for
storage at the present time. The problem is that we had an
offer to sell the Blacksmith Shop and our problem was one of
sterage~ If we could net do this, we could not sell the
Blacksmith Shop. We contemplate putting up a similar building
to the one that Alvah Goldsmith has put up, something along that
line.
THE C~&IR~AN: Would this be a steel building?
MR. ROTHA~N: i like the painted sheets.
THE CHAIR~N: What does Whitney Booth have next to you?
~R. ROTH~L~N: He has a wooden structure in which he prints
the paper. I discussed this with Whitney Booth and with Henry
Prince. I told them what I was planning and we discussed the
line, as to where it would be, and there are no arguments there.
I would like to be off the existing road when we are loading.
I don't know how far off the line I would have to be to get
off the road.
~R. FRED HULSE, JR.: If you put it on the line, you would
only have 14 feet.
Whatever you would set would be fine with
me o
M~w~. ROTPL~N:
THE CHAtRM-&N ~
3 feet would be close enough.
MR. ROTHMAN: The Frohnhoefer building is right on the
line. I am not too much of an expert. Maybe mine should be
right on the line, I don't know.
MR. HOWARD TERRY, Building Inspector: You would have to
have a fire wall, which would be masonry or brick.
MR. ROTH~: I don't particularly have to be on the linew
I'd just as soon not be.
Seuthold Tow~ Board of Appeals -25-
June ?, 1973
THE CHAIRMAN: The new Ordinance has bulk requirements
in excess of what we are talking about. There is no way
to enlarge this~ It's pre-existing so you get the benefit
of reduced side yards~ It's B-l, heavy business.
MR. HOWARD TERRY, Building Inspector: If you had a full
size lot you would have a requirement of 25 feet. Where you
have an undersized lot, it would be set by the Board as to
whether you should be on the line or l', 2~ or 3' off the line.
THE CHAIRMAN: I notice this proposed building is set back
further than the existing bum_ding.
MR, ROTariAN: This is a storage building. If I wanted to
convert it to a store, it would leave me 20 feet te make a
stere of it. This way you could add to it and make a store out
of it that could be attractive. That was my thinking in setting
it back.
THE CHAIR~N: I should think that this should be 20'
back from the existing line.
MR. ROTHNAN: Whitney Booth is right on the sidewalk. This
building is back from the sidewalk about 9 feet. This would be
back 20 feet from Whitney Booth's.
THE CHAIRMANt I think it might be better to come back
25 feet from the property line,
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 expand existing non-conforming
use more th~u 50% of existing capacity on oremises located
on the south side of Traveler Street, Sout~eld, New York.
The Board agrees with the reasoning of the applicant.
The Beard 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.
On motion by Mr. Gillispie, seconded by Mr, Bergen, it was
Southold Town Board of ApPeals -26- June 7, 1973
RESOLVED, David A. Rothman, Main Road, Southold, New York,
be GRANTED permission to expand existing non-conforming use
more than 50% of existing capacity on premises located on
the south side of Traveler Street, Southold, New York, as
applied for, subject to the follewimg conditions:
1. That proposed building be located 3 feet from the
westerly side line, and 25 feet from the property line.
2. That the size of the building shall be 30' x 60'.
3. That the doors shall be placed either on the southerly
or the easterly side of the building, j
4. This permission is granted until July l, 1976 without
prejudice to future applications.
Vote ef the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC HEARING: Appeal No. 1794 - 9:20 P.M. (E.S.T.),
upon application of Frank and Katherine Bondarchuk and william
and Helen Keller, Main Road, Orient, New York, for a variance
in accordance with the Zoning Ordhuance, Article III, Section
301 and the Bulk Schedule, for permission to divide property
with less than required area and frontage. Location of
property: south side South View Drive, Orient, bounded north
by South View Drive; east by D. Robertson~ south by Droskoski!
west by land now or formerly ef Tuthill and Dyer. Fee paid
$1 .oo.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits 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?
(There was no response.)
5~. FRED HULSE, JR,: Frank Bondarchuk could not be here
as he is ill with the flu. He acquired this property from his
father-in-law, Joe Droskoski. It was in his wife's name and
Keller's name. Eventually his wife will ov~ a piece of the
other property.
THE CHAIRMAN: Is it j~LLu~!y owned by Bondarchuk and Keller?
MR. HULSE: Yes.
Southold Town Board of Appeals -27-
June 7, 1973
THE CHAIRNAN~ As I understand it, they want to divide
and provide access to the back.
THE CHAIRNAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Beard finds that
applicant requests permission to divide property with less
than required area and frontage, located on the south side of
S~h~View Drive, Orient, New York. The Board finds that
there are lots in the vicinity of this property that are
smaller in size. The lot under consideration was purchased
on December 28, 1959 with the intention of dividing it into
two smaller letso The Board agrees with the reasoning of the
applicant~because after divisien the two lots will be larger
than m~uy of the lets adjacent te or near this property~
The Beard 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 ef 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 Mr~ Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Frank and Katharine Bondarchuk, William and
Helen Keller, Orient, New York, be GRANTED permissien to
divide property with less than required area and frontage on
premises located on the south side of Souih View Drive,
Orient, New York, as applied for, subject to the following
cenditions:
1. That the property be equally divided.
2. That access to the westerly half of the property is
granted from South View Drive.
Vote of the Board: Ayes:~ Messrs: Gillispie, Bergen, Hulse,
Grigonis.
Decision on Appeal Ne. 1757 - Charles O. and Florence A.
Ziegler, 1600 Bay Avenue, East M~rien, New York, for a variance
in accordance with the Zoning Ordinance, Article IV, Section
~00 and Bulk Schedule, for permission tc divide property with
less than required.area~ Location of property: west side Bay
Avenue, East Marion, New York, bounded north by W. Washburn~
east by Bay Avenue~ south by ~arien Lake~ west by W. Washburn.
Southold Town Board of Appeals -28- June 7, 1973
After public hearing, investigation and inspection the
Beard finds that applicant was granted an "M" zone shortly
after the 1957 Zoning Ordinance beCame effective~ that the
Ziegler property under application is approximately o~e and
three quarter acres, with four structur~ on it, three of which
containing seven small apartments inet including the residence
of the applicant) were used for multiple occupancy largely for
seasonal uses that the applicant requests a division of this
property claiming financial hardship because of inability to
sell the entire parcel as a unit.
Consequently, the Board, at the request of the applicant,
has authorized the division of the property into four parcels,
approximately as authorized by Board's sketch, subject to
accurate survey to be obtained by applicant~ and subject to
applic~ut indicating on the survey legal access to each of the
properties, which survey shall be submitted to the Beard of
Appeals for final approval.
The Beard notes that a common sewage system has been
approved by the Beard of Health~ However, in reconciling the
old "M" zone privileges with the proposed subdivision of the
property, the Board notes that increased occupancy, on a year
round basis, of the individual units must be expected.
It is further noted that the present minimum let size in
the Town is 40,000 sq~ ft. and that the proposed ~ivision of
this ~roperty resulting in a maximum of six total, instead of
eight, dwelling units on less than two acres is a substantial
reduction in area requirements.
The Beard finds that strict application of the Ordinance
would produce pragt~c~l difficulties or ur~uecessary hardship~
the hardship crea~e~ zs unique ~nd 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 0rdinance~
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Charles O~and Florence A. Ziegler, 1600 B~y
Avenue, East Marion, New York, be GRANTED permission to divide
property with less than required area on premises located on
the west ~ide of Bay Avenue, East ~arion, New YOrk, subject to
the following conditions:
l~ That the lot sizes shall be approximately as follows~
Lot Ne. I - 10,350 sq. ft~
Lot No. 2 - 11,827 sq. ft.
Lot Ne. 3 - 22,500 sq. ft.
Lot No. 4 - 29,975 sq. ft.
Southold Town Board of Appeals
-29-
June 7, 1973
Vote of the Board:
Grigonis.
That applicant shall prepare a survey, approximately
in accordance with sketch prepared by the Board and
dated June 7, 1973. The applicant shall indicate
on the survey legal access to each of the properties
(four properties). The survey shall be submitted
to the Southold Town Board of Appeals for final
approval.
A further condition of granting is that the suplex
house on Lot No. 2 may not be enlarged. However, the
two halves of the duplex may be combined into one
dwelling unit.
Also, the building on Lot No. 4 shall be converted
to a one family residence.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that Sacred Heart Church, Main Read, Mattituck,
New York, be GRANTED permission to exhibit a double-faced bill-
board advertising a Summer Festival, as applied for, subject
to the following conditions:
1. That the billboard may be erected no more than two
weeks prier to the Summer Festival.
That the billboard shall be removed within the week
following the Summer Festival.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
Vote of the Board:
Grigonis,
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the minutes of the Southold Town Board of
Appeals dated March 24, 1973, be approved as submitted, subject
to minor correction,
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
Southold Town Beard of Appeals -30-
June 7, 1973
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the next regular meeting of the Southold
Tov~ Board of ~ppeals will be held at 7:30 P.M., Thursday,
Ju~e 28, 1973, at the Town Office, Main Read, Southold, New
York.
Vote of the Board: Ayes~- Messrs: Gillispie, Bergen, Hulse,
Grigonis~
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED that th~ Southold Town Beard of Appeals set 7:30
P.M. (E.S.T.), Thursday, June 28, 1973, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of John Charnews, Main Road, Southold, for a
variance inaccordance with the Zoning Ordinance, Article Iii,
Section 301 and the Bulk Schedule, for permission to divide lots
with less than required area and frontage. Location of property~
west side 0aklawn Avenue, Southold, bounded north by School
District #51 east by 0aklaw~ Avenue~ south by L. BoekR and
others~ and west by L. Boken and others.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
On motion by Mr. HUlse, seconded by Mr. Grigonis, it was
RESOLVED that the Southold Town Board of Appeals set 7:40
P.M. (E.S.T.), upon application of Philippe Maitrejean, Box
888, Sound ~veRue, Mattituck, for a variance in accordancewith
the Zoning 0rdinance, Article III, Section 301 and the Bulk
Schedule, for permission to divide lots with less than required
area. Location of property: north side Ruth Road, Mattituck,
bo-~ded north by Long Island Sound~ east by B~ Vreeland~ south
by Ruth Read (Private Road)~ and west by A. Joes and ano.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
Southold Town Board of Appeals -31-
June ?,
1973
On motion by Mr. Grigonis, seconded by ~r. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set 7:50
P.M. (E.S.T.), upon application of James and ~argaret Boylan,
ll Gedney Avenue, Smithtowua, New York, Thursday, June 28, 1973,
at the Town Office, Main Road, Southold, New York, for a variance
in accordance with the Zoning Ordinance, Article III, Section
301, the Bulk Schedule and Article XVII, Section 1702, for
permission to construct dwelling in subdivision Cleaves Point,
Section III, which is not on approved list and lot does not
have sufficient width or area. Location of property: Lot #73,
Map of Cleaves Point, Section III.
Vote of the Board: Ayes:- Nessrs: Gillispie, Bergen, Hulse,
Grigonis.
On motion by Mr. Bergen, seconded by Nr. Gillispie, it was
RESOLVED that the Southold Town Bcard of Appeals set 8~00
P.M. (E.S.T.), Thursday, June 28, 1973, at the Town Office,
Main Road, Seuthold, New York, as the time and place of hearing
up?n application o~ Joy Finkle and Millie ~esseri, MainRoad,
0rlent, New York, for a variance in accordance with the
Zoning Ordinance, Article VII, Section ?01 and the Bulk Schedule,
for permission te operate a second business (Take-out Deli)
on same premises with a public garage. Location of property:
north side Main Road, Orient, bounded north by H. Schmidt;
east by H. Schmidt; south by Nain Road; west by H. Terry Estate.
Vote ef the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that the Seuthold Town Bo~rd of Appeals set 8:30
p.~. (E,S,T,)' Thursday, June 28, 1973' at the Towr~ Office,
Ma~LuROad' Southeld, New York, as the time and place of hearing
upon application of GeOrge Ahlers and Barry Hellman, Cutchogue
and Southold, New York, respectively, for a special exception
in accordance with the Zoning Ordinance, Article V, Section 500,
SUbsection B-l, for permission te erect multiple dwellings.
Location of property~ west side Youngs Avenue, Seuthold, bounded
north by D. Charnews~ east by Youngs Avenue; south by Long Island
Railroads ~aier, Averett, Kaelin and others~ west by R. B.
Grattan, We~kowski and others.
Vote of the Board: Ayes:- ~essrs: Gillispie, Bergen, Hulse,
Grigonis.
Southold Tov~ Board ef Appeals
-32-
June ?, 1973
On motion by Mr~ Hulse, seconded by Mr. Grigonis, it was
RESOLVED that the Southold Town Board of Appeals set 8:45
P~M. (E.S.T.), Thursday, June 28, 1973, at the Town Office, Main
Road, Seuthold, New York, as the time and place of hearing upon
application of George Ahlers and Barry Hellman, Cutcho~e and
Southold, New York, respectively, for ~ variance in accordance
with the Zoning Ordinance~ Article V, Section 502, for permission
to construct multiple dwellings with some buildings over 125 feet
in length. Location of property: ~west side Youngs Avenue,
Southold, bounded north by D. Charnews~ east by ¥oungs Avenue~
south by Long Island Railroad, Maier, Averett, Kaelin and others~
and west by R. B. Grattan, Wetkowski and others.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse,
Grigonis~
On motion by ~r. Grigonis, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set 9:00
PoM~ (E.S.T~), Thursday, June 28, 1973, at the Town Office~ ~ain
Road, Southold, New York, as the time and place of hearing upon
application of Carl H. Schooff, Hobart Read, Southold, New York,
for a variance in accordance with the Zoning Ordinance, Article Iii,
Section 301 and the Bulk Schedule, for permission to divide lots
with dwellings which do not have sufficient area or frontage.
Location of property: Hobart and Old Shipyard Lane, Southold,
Lot #41, ~ap of Founders Estates.
Vote of the Board: Ayes:- Nessrs: Gillispie, Bergen, Hulse,
Grigonis~
On motion by Mr. Bergen, seconded by Nr. Gillispie, it was
RESOLVED that the Southold Town BOard of Appeals set 9:10 P.M.
(E.S.T.), Thursday, June 28, 1973, as the time and place of hearing
upon application of Wilbur Kaiser, Herren Lance, ~attituck, New York,
for a variance in accordance with the Zoning Ordinance, Article Iii,
Section 301 and the Bulk Schedule, for permission to divide lots
with less than required area and frontage° Location of property:
south side of Horton Lane, Mattituck, bounded north by Herren Lane:
east by C. Sanders: south by North Fork Baptist Church: west by
North Fork Baptist Church.
Vote of the Bo~rd: Ayes:- ~essrs: Gillispie, Bergen, Hulse,
Grigonis.
J~e 7, 1973
Southeld Town Board of Appeals -33-
On motion by Mr. Gillispie, seconded by Mro Hulse, it was
RESOLVED that the Seuthold Town Beard cf Appeals set 9:20
P.N. (EoS.T.), Thursday, J~e 28, 1973, at the Town Office, Main
Road, Southold, New York, as the time and place of hearing upon
application of Anna ~aria Pfutzner, Pine Tree Road, Cutchegue,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 301 and the Bulk Schedule, for permission
to divide property w.~th less than require area and frontage.
Location of property. Part Plot #124, Map of Nassau Farms,
Cutchegue, New York.
Vote of the Board: Ayes:- Nessrs: Gillispie, Bergen, HulSe,
Grigonis.
The meeting was adjourned at ll:00 P.N.
Ro~ert W. Gillispie, Jr., Chairman