HomeMy WebLinkAboutZBA-06/13/1974 Telephone 765-2d60
APPEAL BOARD '
MEMBER
Robert ',,v./. Gillispie, Jr,, Chairman
Robert Bergen
Charles Grigonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
MINUTES
Southold Town Board of Appeals
June 13, 1974
A regular meeting of the Southold Town Board of Appeals
was held at 7:30 P.M. (E.D.S.T.), Thursday, June 13, 1974,
at the Town Office, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr.,
Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse,
Jr.; Serge Doyen, Jr.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Board's decision on ApPeal No. 1901,
application of Paul and Jacqueline Kelly, shall be postponed
to July 11, 1974, Thursday, at 7:30 P.M.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
PUBLIC HEARING: Appeal No. 1913 7:40 P.M. (E.D.S.T.),
upon application of George Ahlers Builder, Inc., 250 Cox Lane,
Cutchogue a/c Anthony Principe, 132-70 Sanford Avenue, Flushing,
New York for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-34 and Bulk Schedule for permission to
erect home with insufficient sideyards. Location of property:
Lot No. 20, Harbor Lights Estates, corner Brigantine Drive &
Harbor Lights Drive, Southold, New York. Fee paid $15.00.
Southold Town Board of Appeals -2-,
June 13, 1974
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: The application is accompanied by a Van
Tuyl survey dated September 11, 1973 showing the standard
35 foot setback on a 100' x 200' corner lot, the average
setback line established by neighboring houses, and the
proposed locai&on of the house.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. GEORGE AHLERS: Mr. and Mrs. Principe are here with
me. In addition to the reasoning shown on the application,
I would like to say that when we originally designed a house
for this lot we did not realize that it was a corner lot.
Our original design was for a house 80 feet in length. We
found that by taking off the garage and swinging it around
to the rear, without changing the interior layout, we could
have a house that would be 57 feet long. i~
THE CHAIRF~N: As I understand it, you are lopping off
the garage and putting it in the backyard. This is an
undersized lot by today's standards so I t~,ink the Board is
justified in. making some adjustment as it is a handicap to
have two front yards when you are trying to locate the
position of your house on the lot. It might be better for
you if you put your garage doors to the south.
MR. PRINCIPE: We will do that so we don't have to back
out on to the highway.
THE CHAIRMAN: We always recommend that.
THE CHAIRMAN: Does anyone else wish to speak for this
application?
(There was no response.)
THE CP~AIRMAN: Is there anyone present who wishes to
speak against this application?
(There was no response.)
Southold Town Board of Appeals
-3- June 13, 1974
After investigation and inspection the Board finds that
applicant requests permission to erect home with insufficient
sideyards, Lot No. 20, Harbor Lights Estates, Southold, New
York. The findings of the Board are that applicant has two
front yards which causes a hardship in locating the house.
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 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. Grigonis, seconded by Mr. Gillispie, it was
RESOLVED, George Ahlers Builder, Inc. a/c Anthony Principe,
132-70 Sanford Avenue, Flushing, New York, be GRANTED permission
to erect home with insufficient sideyards, Lot No. 20, Harbor
Lights Estates, corner Brigantine Drive and Harbor Lights Drive,
Southold, New York, as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonls, Doyen.
PUBLIC HEARING: Appeal No. 1918 - 7:55 P.M. (E.D.S.T.) ,
upon application of M. A. Kelsey Properties, Inc., Box 983,
Southold, New York, for a variance in accordance with the
Zoning Ordinance, Article VI, Section 180=62 G, Article VII,
Section 100-71 for permission to set off business lot with
insufficient area and insufficient offstreet parking, etc.
Location of property: Main Road and Love Lane, Mattituck,
bounded north by other land of applicant; east by Val Stype;
south by Main Road; west by Love Lan~. Fee paid $15.00.
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesting to its publication ~n the official newspapers, and
notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
Southold Town Board of Appeals -4- June 13, 1974
RICHARD LARK, ESQ.: I believe the application states
the applicant's position fairly well. Mr. RaYmond Terry
is here tonight as well as a representative of the pros-
pective purchaser. The applicant bought the property from
Kelsey. The rear has been pavsd and the whole block cleaned
up. When they came to the octagon building it became a
staggering feat to do something with it. They thought maybe
the building could be moved so the Historical Society could
have the building but it proved to be unfeasible. Donald J.
Clause is the prospective purchaser and a representative
from Mr. Clause is here tonight. They are quite interested
in obtaining the property. I believe Mr. Clause would like
to locate a real estate operation there, and other business.
Mr. Kelsey is going to phase out his business. A real
estate office will replace the liquor store. I think this
portion where the liquor store is and the portion where the
wing is located w~re added on later; how much later I don't
know. It was a hotel once in its history. Presently, the
only usable portions are west and south of the liquor store
and the office of Dr. Sunshine (the doctor has moved out).
The purchaser wants to get in and renovate it. They are
thinking of eliminating the liquor store and the wing.
THE CHAIRMAN: Is this a two story building?
MR. LARK: Yes, with a cupola on top.
THE CHAIRMAN: This 2,750 sq. ft. of floor space refers
to two stories.
MA. LARK: I can't determine that because part is not
two story, one wing has some two story in it.
MR. SERGE DOYEN: The octagon building was probably
built originally and the other part was added.
MR. LARK: That's been there for over fifty years the
way it is today. The survey shows we could get in nine off-
street parking spaces. This driveway would remain because
it's the main access east and west for the post office where
they make their deliveries. It does include the easement and
runs right over to Val Stype's property line.
THE CHAIRMAN: Are the occupants of the building here
(referring to survey) allowed to walk back here?
MR. LARK: People do, in fact they come this way to get
to the L & L Store.
Southold Town Board of Appeals -5- June 13, 1974
THE CHAI~WiAN: I was wondering if there was any way to
assure that. Mr. Terry is the latest of a long string of
owners. He was not here 50 years ago.
MR. LARK: As far as the Kelsey Properties are concerned,
they could be deeded out to the prospective purchaser, Mr.
Clause. Now, as a practical matter, everybody who can parks
on Love Lane.
THE CHAIRMAN: Is there anyone else who wishes to speak
for this application?
MR. RAYMOND W. TERRY, JR.: As far as economics is con-
cerned, presently the rent derived from this is $1,440 per
year. The taxes are presently under $1,000.
THE CHAIRMAN: Is there any intent of the Kelsey Properties
selling this at some time or selling off individual stores?
MR. TERRY: It is very improbable because of the construction
of the stores. The separations are 8" cemen~ block and they
have a common wall. The insurance company lumps this together
as one building, the attics are all common. It is not our
intent at the present time although, theoretically, they
could sell them.
MR. JAMES PAUL: I represent Mr. Clause. We have involved
a number of architects and engineers to date to give us as much
background as possible on the building and information on the
intended renovation. It is fairly clearly stated in the applica-
tion. Our interest is in a real estate office, first and fore-
most.
THE CHAIRMAN: It's a permitted use in the "B-i" District.
I think the County Planning Commission would be involved too.
One of ~the things they would be interested in would be parking.
I think someone measured the parking which was a far-sighted
thing for the Park District to do. With that as background
it's possible the County Planning Commission would look the
other way. I am on that Commission and I will object if they
turn it down.
MR. RALPH TUTHILL: I am President of the Mattituck
Historical Soc~ty. Last Fall I called up Mr. Terry to see
if we could save this building. I brought up the possibility
of saving the building if Mr. Clause bought it. Everyone
was very much enthused and we still feel the same way. I
have a little pamphlet here written by The Society for the
Preservation of Long Island Antiques. It was built in 1851.
Southold Town Board of Appeals -6-
June 13, 1974
Since 1927, M. A. Kelsey has owned it. I also discovered
that the first library started in that building in 1952.
THE CHAIRMAN: Is there anyone else who wishes to speak
for this application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to
speak ~gainst this application?
After investigation and inspection the Board finds
that applicant requests permission to set off business lot
with insufficient area and insufficient offstreet parking
on property located on Main Road and Love Lane, Mattituck.
The prospective purchaser is interested in establishing
a real estate office in the octagon building which is a
permitted use in the "B-l" District. He would also have
enough room in the building for other business. The
findings of the Board are that this is a site of historical
interest and approval by the Board offers an opportunity
to promote historical antiquity on eastern Long Island.
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 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. Bergen, secQnded by Mr. Grigonis, it was
RESOLVED, M. A. ~e~pey Properties, Inc., Box 983,
Southold, New York, be GRANTED permission to set off business
lot with insufficient area and insufficient offstreet parking.
Location of property: Main Road and Love Lane, Mattituck.
This permission is granted as applied for.
Vote of the Board: Ayes:-
Grigonis, Hulse, Doyen.
Messrs: Gillispie, Bergen,
Southold Town Board of Appeals -7- June 13, 1974
PUBLIC HEARING: Appeal No. 1914 - 8:05 P.M. E.D.S.T.,
upon application of Adeline Cardinale, c/0 Cardinal Community
Service Corp., 1884 Deer Park Avenue, Deer Park, New York,
for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-30 A & Bulk Schedule for permission
to divide property with two existing buildings with insufficient
area. Location of property: S/S Peconic Bay Blvd., "A"
District, Laurel, New York, bounded north bY Peconic Bay Blvd.,
east by now or formerly G. Harvey Moore; south by Peconic
Bay; west by now or formerly Adams - Brown. Fee paid $15.00.
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesting to its publication in the official newspapers,
and notice to the applicant.
THE CHAIRMAN: The application is accompanied by a
survey which indicates ~hat applicant is the owner of property
on Peconic Bay Blvd. totalling 1.178 acres on which there are
two structures, a stucco house and a frame house. This is
one piece of property.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. ALAN A. CARDINALE: My father constructed the second
house about 25 years ago.
THE CHAIRMAN: We checked the area pretty carefully.
Adjacent to the east are four lots on a parallel track 200'
in width, which narrows down.
MR. CARDINALE: The lots are wider on Peconic Bay Blvd.
At the water they are narrower.
THE CHAIRMAN: Has this ever been divided?
MR. CARDINALE: No.
THE CHAIRMAN: (Referring to survey) There must have been
a little jog in here where you built the house.
MR. CARDINALE: This was originally a garage for the
main.house. As it is now, it is the larger of the two houses
and more modern. There was a mistake made. That happened
backnin 1948.
Southold Town Board of Appeals -8- June 13, 1974
THE CHAIRMAN: In the area to your west there are two
lots with one house on each of them. Then, there is a
whole series of small lots You are surrounded by under-
sized lots. There is one other complication. We can
divide one lot into two but we can't create three lots.
I think you w~ll have to go to the Planning Board for site
plan approval. We will approve subject to site plan
approval of the Planning Board.
MR. CARDINALE: The basic problem here was lack of
foresight of my grandfather, his untimely demise. We did
not realize the problem until the family grew up. What
Adeline Cardinale is trying to do is to straighten things
out.
THE CHAIRMAN: I believe what will help you is that
there are small lots all around.
MH. CARDINALE: The maintenance of the property
good and it will continue that way.
(An adjoining neighbor asked if the third piece of
property that goes to Peconic Bay would be separated
where an additional third houss would be built, and
whether the Town had any objection to that third piece).
THE CHAIRMAN: Yes, the separation is in the proposal.
If this is granted, that would be implicit in the application.
MR. CARDINALE: There is no time limit. They just want
to have foresight.
THE CHAIRMAN: The Town requirers40,000 sq. ft. as
of now. The original zoning ordinance called for 12,500
sq. ft., later the subdivisions that went in graduated to
20,000 sq. ft. Largely, it was the Board of Health that
was leading us to larger lot sizes. We got to 40,000 sq. ft.
in 1971 not due to any foresight on our part. The Board of
Appeals is left with unresolved situations. The community
is over 300 years old and we can't make everything fit into
patterns. On the one hand we are trying to uphold the
zoning ordinances of the Town but have to take into con sidera-
tion the hardships to people living here. We are faced with
picking up the pieces. I think the consensus of opinion is
that this application should be granted subject to approval
by the Planning Board.
Southold Town Board of Appeals -9- June 13, 1974
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 divide property
with two existing buildings with insufficient area on
the south side of Peconic Bay Blvd., Laurel, New York.
The findings of the Board are that applicant is surrounded
by undersized lots with the exception of two on the west.
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 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. Hulse, it was
RESOLVED, Adeline Cardinale, c/o Cardinal Community
Service Corp., 1884 Deer Park Avenue, Deer Park, New York,
be GRANTED permission to divide property with two existing
buildings with insufficient area on the south side of
Peconic Bay Blvd., Laurel, New York, as applied for, subject
to the following condition:
That applicant receives site plan approval from the
Southold Town Planning Board.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
PUBLIC HEARING: Appeal No. 1915 - 8:15 P.M.. (E.D.S.T.),
upon application of Flora Luce, SkunkkLane, Cutchogue, New
York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-30 and Bulk Schedule for permission
to set off lot with less than 40,000 sq. ft. area. Location
of property: N/S Pine Tree Road "A" District, Cutchogue,
bounded north by proposed road and other land of applicant;
east by existing right-of-way; south by Pine Tree Road; west
by Robert Krupski. Fee paid $15.00.
Southold Town Board of Appeals -10- June 13, 1974
The Chairman opened the hearing by reading the applica-
tion for a variance, legal notice of hearing, affidavits
attesting to its publication in the official newspapers,
and noti6e to the applicant.
THE CHAIRMAN: The application is accompanied by a
survey indicating that this is a major subdivision. The
lot we are referring to is No. 6 and consists of 38,700 sq. ft.
The rear dimension is approximately 175 feet. It is an odd
shaped lot because of the old right-of-way, which is used
by other owners on the easterly side.
THE CHAIRMAN: 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 set off lot with less than
40,000 sq. ft. in area on the north side of Pine Tree Road,
Cutchogue. The findings of the BOard are that this will
not increase the density of the area as some lots are
58,000 sq. ft. and 74,000 sq. ft. The right of way is a
matter of convenience to the applicant and other property
owners. 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 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. Grigonis, seconded by Mr. Hulse, it was
RESOLVED, Flora Luce, Skunk Lane, Cutchogue~ New York,
be GRANTED permission to set off .lot with less than 40,000
sq. ft. on the north side of Pine Tree Road, Cutchogue, as
applied for.
Vote of the Board:
Grigonis, Hulse, Doyen.
Ayes:- Messrs: Gillispie, Bergen,
Southold Town Board of Appeals -11-
June 13, 1974
PUBLIC HEARING: Appeal No. 1917 - 8:25 P.M. (E.D.S.T.),
upon application of Barbara T. Starzee, 405 Youngs Avenue,
Mattituck, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-35 for per-
mission to erect fence over 4 feet in height on road
frontage. Location of property: N/S Youngs Avenue,
Mattituck, bounded north by Mark Road; east by R. Mazgulski;
south by Youngs Avenue; west by H. Fisher. 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?
BARBARA T. STARZEE: I am here to speak for it.
THE CHAIRMAN: What's the name of the road in back?
MRS. STARZEE: Mark.
THE CHAIRMAN: You have two roads, piggyback, so the
second road is in your backyard.
MR. ROBERT BERGEN: It's the only way you can do anything
there.
THE CHAIRMAN: What's the height of the fence.
MRS. STARZEE: Six feet. It's less than the hedges on
the other side. The hedges to the east are eight or nine
feet in height.
THE CHAIRMAN: Are you going to enclose the whole back?
MRS. STARZEE: Yes.
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 erect fence over 4 feet in
height on road frontage . The'property is located on the
north side of Youngs Avenue, Mattituck. The findings of
the Board are that applicant has a rear yard which faces on
a street to the north of the property. Applicant is actually
the owner of two lots and the rear yardwill correspond with
neighbors' rear yards to the east and west. The Board agrees
with the reasoning of the applicant.
Southold Town Board of Appeals -12-
June 13, 1974
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
~he hardship created is unique add 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. Grigonis, seconded by Mr. Hulse, it was
RESOLVED, Barbara T. Starzee, 405 Youngs Avenue, Mattituck,
be GRANTED permission to erect fence over 4 feet in height on
road frontage, as applied for. Location of property: 'north
side of Youngs Avenue, Mattituck, New York. The height of the
fence shall not exceed 6 feet.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
PUBLIC HEARING: Appeal No. 1916 - 8:35 P.M. (E.D.S.T.),
upon application of W. H. & P. C. Leverich, Nassau Point
Road, Cutchogue, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-35 A, B, C,
for permission to erect tennis court fencing of over 4 feet
in height in front yard area. Location of property: Lot 91,
Nassau Point Properties, Nassau Point Road, Cutchogue, New
York. 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
hhe applicant.
THE CHAIRMAN: The application is accompanied by a sketch
giving the proposed location of the tennis court in the
front yard area. It is a heavily wooded area.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. W. H. LEVERICH: We have done a little cutting down
in the center.
THE CHAIRMAN: This is the only place I know of where
there is a bamboo thicket.
MR. LEVERICH: We think it will be an improvement. It
will enhance our r property and the neighbors' property.
Southold Town Board of Appeals -13- June 13, 1974
THE CHAIRMAN: What Will be the distance from the road?
MR. LEVERICH: About 17 feet, and the other side is 75
feet. It is an odd shaped lot.
THE CHAIRMAN: It will be approximately 10 feet from
Lot 92. We are just talking about the fence because a
tennis court is a permitted use anyway.
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 erect tennis court fencing
of over 4 feet in height in the front yard area of Lot 91,
Nassau Point Properties, Cutchogue. The findings of the
Board are that applicant plans to locate the tennis court
fencing no closer than 17 feet to Nassau Point Road. 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 h~rdship 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, W. H. & P. C. Leverich, Nassau Point Road,
Cutchogue, New York, be GRANTED permission to erect tennis court
fencing over 4 feet in height in front yard area of Lot 91,
Nassau Point Properties, Cutchogue, New York, as applied for,
subject to the following condition:
That the fence shall be no closer to Nassau Point Road
than 17 feet, and no closer than 10 feet to the
westerly property line.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
Southold Town Board of Appeals -14-
June 13, 1974
PUBLIC HEARING: Appeal No. 191.9 - 8:45 P.M. (E.D.S.T.),
upon applicatiOn of Pec~nic Trading Post, Box 199, Main
Road, Peconic, New York, for a special exception in
accordance with the Zoning Ordinance, Article VI, Section
100-60 C for permission to erect roof sign on side of
building. Location of property: W/S Main Road, Peconic,
New York, bounded north by I. Newman & others; east by
G. Berkoski; south by Main Road; west by L. Gozeleski.
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 a-plicant.
THE CHAIRMAN: Is there anyone present who wishes
to speak for this application?
MR. HARRY J. BAGLIVI: Actually it is not a side wall.
It is not in use. We are using it as an exit. We have
gone to some expense to install this and have made this
the front of the building.
THE CHAIRMAN: You will have a sign saying "Peconic
Trading Post" with the word "Antiques" on the top. I
think the Board has granted this type of application in
lieu of a ground sign. In this type of location, where
you are off the road, it is a good idea.
MR. BAGLIVI: There is no other wording on there. It
was an old barn and we feel that "Antiques" is the thing to
stress.
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 erect roof sign on side of
building on the west side of Main Road, Peconic, New York.
The Board agrees with the reasoning of the applicant.
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Southold Town Board of Appeals -16-
June 13, 1974
RUDOLPH BRUER, ESQ: I am here to represent Mr.
Kavanagh.
THE CHAIRMAN: Is the full name of Dawn Estates -
Dawn Estates Shopping Center?
MR. JAMES P. KAVANAGH: They have a shopping center in
Centereach.
THE CHAIP~AN: The application is accompanied by a sketch.
Preceding this application, on August 9th of last year, the
Board acted on this property, as follows:
"After investigation and inspection the Board finds that
applicant requests permission to convert existing motel
known as Crescent Beach Motel, to permanent condominiums
located on the south side of Main Ro~d, East Marion, New
York. The findings of the Board are that applicant is the
owner of a parcel of land comprising 5.32 acres on which are
situated ten (10) buildings, each of which is a duplex,
comprising twenty (20) apartment ~nits. The area is
zoned Multiple Residence, M-1. The units have one bedroom,
living room, kitchenette, and bathroom; and the applicant
proposes to sell the units to senior citizens on the basis
of restricted seasonal use. The land area would be common
land subject to control and maintenance of a properly
constituted Property Owners Association. The Board agrees
~ith 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 a~d adjoining use
districts will not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
THEREFORE IT WAS RESOLVED, James P. Kavanagh, Main Road,
East Marion, New York, be GRANTED permission to convert
existing motel, known as Crescent Beach Motel, to permanent
condominiums. Location of property: south side of Main
Road, East Marion, New York. Granted as applied for, subject
to the following conditions:
1. Subject to Site Plan approval of the Planning Board,
including location of tennis courts, new access
road, adequate parking under present Ordinance, and
other common facilities.
2. Subject to setting off the residence of the applicant
on a 40,000 sq. ft. plot in such a way that the
bulk regulations of the Ordinance will be met.
Southold Town Board of Appeals -17-
June 13, 1974
3. There shall be no enlargement of the outside
dimensions of any of the twenty (20) proposed
condominium units.
4. Occupancy shall be seasonal, limited to the period
from April 1 to November 1.
5. All of the land area between the buildings shall be
common land subject to control and maintenance by
a properly constituted Property Owners Association.
6. Access shall be as set forth in the site plan as
approved by the Southold Town Planning Board."
THE CHAIRMAN: In talking to Mr. Tasker, he thought
you wanted to hold one building out. How many buildings
are under application now?
RUDOLPH BRUER, ESQ.: Twelve buildings plus a barn plus
a sundeck. There is a two story f~am~d dwelling occupied
by Mr. Kavanagh. What happened in the prior application
was that there was a little building which was not counted.
THE CHAIRMAN: Were they always duplexes?
MR. KAVANAGH: Five of the duplexes have a door which
can be opened to make double units.
THE CHAIRMAN: I have read the action of the Board as
of last year. What has happened since then with respect to
this application?
MR. BRUER: We have had a number of hearings with the
Planning Board. We did get sketch plan approval. In the
meantime we did an intensive investigation on condominiums.
These buildings were built in 1955. They are all of a
seasonal nature. The intent is to keep them seasonal. It
would be very difficult, if not impossible, to meet engineer-
ing standards with respect to condominiums.
THE CHAIRMAN: You mean the engineering standards of
~he Attorney General's office.
MR. BRUER: Yes. We feel that in terms of time this
would be a better way to do it.
THE CHAIRMAN: How much time do you think it would take?
MR. BRUER: I have spoken to aneexpert in the city and
it seems that under usual circumstances it would take six
months.
THE CHAIRMAN: What's unusual about this?
MR. BRUER: Engineering standards, conditions that must
be met.
Southold Town Board -of Appeals
-18-
June 13, 1974
THE CHAIRMAN: Do you mean as to layout?
MR. BRUER: I can't give you an accurate set of facts
as we never went that far to get preliminary engineering
approval from the State. We are aware that a similar
application has been made in the Town. We thought that
this would be a good way to approach it. The effect would
be to give each unit a small area of ground and a large
common area. Everyone must join the Association and main-
tain his own place. We thought this would be the best way.
THE CHAIRMAN: Do you want us to ~escind the old action?
You have not sent any papers to Albany.
MR. BRUER: I would like to discuss the new plan with
you.
THE CHAIRMAN: I have discussed this with Mr. Tasker
and Mr. Wickham. We are all of the opinion that you would
have to enlarge one of these lots. There would be no place
to park your car without going on someone else's property.
Mr. Kavanagh explained to me that this has one water system
and it is turned off at one val~e. This should be enlarged
to whatever is reasonable and feasible, and the amount of
land that you are going to need for common ownership is
much less than you have shown here. It would appear to me
that t~ey would sell better.
MR. BRUER: One of the reasons he wanted it small was
control.
THE CHAIRMAN: The common ownership goes beyond Mr.
Kavanagh's life span.
MR. BRUER: The idea being that you have an owner who
doesn't want to cut his grass; this way you would contribute
to common maintenance.
THE CHAIRMAN: Mr. Kavanagh doesn't know where the
cesspools are. He has never had any trouble with them.
It is our opinion that this would have to be enlarged and
you would have to have something in your Deeds to these
people If the Board of Health requires that cesspools
must go here and here (referring to sketch) they could go
on common ground.
MR. BRUER: Maybe they could have this so the land with
the building goes to the road.
MR. KAVANAGH: Mr. Geideman is a neighbor and he is a
civil engineer. He drew up this sketch and he is here tonight.
Southold Town Board of Appeals -19-
June 13, 1974
THE CHAIRMAN: Mr. Tasker, our Town Attorney, suggested
that a civil engineer should be engaged. I think probably
you could come up with a decent sized plot.
MR. JOHN GEIDEMAN: The intent was to have everybody
buy the same amount of land. There are no two parallel.
We can vary the size lots but we would have to get metes
and bounds on this road to develop the whole thing so a
Deed description could be written up. I did not want to
do anything else on this until I knew what you wanted. I
did not know whether you wanted it large or small.
THE CHAIRMAN: Mr. Tasker's thinking is to make the
plot sizes larger. I believe you are going to restrict
from April 1st to November 1st. (referring to sketch)...
You could go at least to the road this way.
MR. BRUER: How about going another way?(Mr. Bruer
indicated on the sketch what he meant).
THE CHAIRMAN: Go as far as you want. Let them park on
their own lawns.
MR. KAVANAGH: There is a road that I was going to
eliminate. They could park on that.
MR. BRUER: You could make a sort of circular perimeter.
M~. GEIDEMAN: This is a big, flat, open, playable field.
MR. SERGE DOYEN: Come up with the best features of both
plans.
MR. BRUER: (Referring to sketch) The road comes in here.
MR. KAVANAGH: I could leave that road in for parking.
I don't want a road running behind my house.
THE CHAIRMAN: Enlarge the lots, put dimensions on them,
make this road as wide as you can.
MR. GEIDEMAN: It's about 18 feet wide.
MR. BRUER: Perhaps you could make it 20 feet wide.
THE CHAIRMAN: Get the plots as large as you can. Do
whatever is feasible. They should be contiguous.
MR. BRUER ~addressing Mr. Kavanagh and Mr. Geideman)
Come up to the road here and make them'contiguous.
Southold Town Board of Appeals -20-
June 13, 1974
THE CHAIRMAN: You could come up with about 4,000 sq. ft.
MR. KAVANAGH: I am figuring about 1,500 or 1,600 sq. ft.
apiece.
MR. GEIDEMAN: Could we reduce Jim's home area to 30,000
sq. ft. to give more land to the people.
THE CHAIRMAN: I think everyone would go along with that.
Before you go too far with this you should probably sit down
with the Planning Board with this map.
MR. BRUER: Would you mind if we say that you sent us?
THE CHAIRMAN: No. Make the plo~s as large as possible
to create parking, and a plan for a common area, and see
what theynhave to say.
MR. GEIDEMAN: We are getting closer to something that
is feasible.
THE CHAIRMAN: I would check with them. Let them put
some input into it.
MR. BRUER: Would you like an actual plan with Covenants
and Restrictions, or at least a proposed plan?
CHARLES GRIGONIS: We need descriptions.
THE CHAIRMAN: I think it would protect Jim Kavanagh in
the future. It might save some complications later on. I
don't know whether the cluster concept would apply here.
We are dealing with an existing situation.
On motion by Mr. Gillisple, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals recess
the hearing on Appeal No. 1920, James P. Kavanagh, until
further notice.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonls, Hulse, Doyen.
PUBLIC HEARING: Appeal No. 1921 9:15 P.M. (E.D.S.T.),
upon application of Southold Yacht Club, North Parish Drive,
Southold, New York, for a variance in accordance with the
Southold Town Board of Appeals -21-
June 13, 1974
Zoning Ordinance, Article III, Section 100-35 for permission
to erect fence over 4 feet in height in front yard area.
Location of property: N/S North Parish Drive, Southold,
bounded north by Peconic (Southold Harbor) Bay; east by
M. Croasdale; south by North Parish Drive; west by Town
of Southold. 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?
RUDOLPH BRUER, ESQ.: I am here to represent Southold
Yacht Club. (Mr. Bruer showed the Board a sketch of the
property).
THE CHAIRMAN: With this amount of property there
no reason why the front yard should not be maintained.
MR. BRUER: (Referring to sketch) This is the only
really practical place; the front yard faces this way.
There is swamp grass here. We are only coming over 100 feet
here, and want to stay friendly with our neighbor here.
We have spotlights for the security of the building. We
have to have some type of runway so they can carry the
boats up. If you ha~e a boat and have $1,200 or $1,500
invested you can't leave it out here.
THE CHAIRMAN: It is my impression that it should not
go out right to the road. This is a residential area.
MR. BRUER: This area is like Coney Island. It's going
to be a chain-link fence.
THE CHAIRMAN: This is zoned "A". You would put storage
right in the front yard down to the road.
MR. BRUER: As a practical matter, if you put this on
a side lot you are precluded from putting a tennis court
here in the future. What would you suggest as far as
setback?
THE CHAIRMAN: Normally the front yard setback would be
35 feet. You have a lot that is 415 feet deep.
Southold Town Board of Appeals -22-
June 13, 1974
The Chairman read letter dated June 7, 1974 received
from Mr. and Mrs. Daniel J. Croasdale, as follows:
"Both as members and the only immediately adjacent
neighbors of the Southold Yacht Club, we strongly urge
your approval o~f their petition for a high fence behind
the clubhouse.
Although the improved appearance of the beach will be
appreciated, we are more concerned about the removal of boats
and equipment that have tempted vandals in the past. The
nightly horn blowing, blaring radios, litter and broken
bottles that emanate from the public parking lot spill over
to the yacht club and also to our home (both of which have
been broken into).
We feel that any thing that restricts, restrains or
reduces this increasing vandalism should be supported.
We would also recommend better lighting and policing
of the public parking lot."
THE CHAIRMAN: The lighting and policing is a Town
matter. I, personally, think this should be 35 feet back.
MR. BRUER: Assuming the 35 feet, they would like an
entranceway here. They want it on this side of the house
for security reasons. Vandals are more apt to come around
to Croasdales' side where it's dark.
THE CHAIRMAN: I gather that Mr. and Mrs. Croasdale
would not be concerned if you went right to the line with
this fence.
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 p~rmission to erect fence over 4 feet in
height in front yard area on the north side of North Parish
Drive, Southold. The findings of the Board are that the
applicant wishes this fence for the purpose of making secure
the boats and equipment of its members. The Board agrees with
the reasoning of the applicant.
SouthOld Town Board of Appeals -23-
June 13, 1974
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.
On motion by Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED, Southold Yacht Club, North Parish Drive,
Southold, New York, be GRANTED permission to erect fence
over 4 feet in height in front yard area on the north side
of North Parish Drive, Southold, as applied for, subject
to the following condition:
That the 8 foot high chain link fence erected in the
front yard ares of the Southold Yacht Club shall be
no closer than 35 feet to North Parish Drive.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the minutes of the Southold Town Board of
Appeals dated May 23, 1974, be approved as submitted, subject
to minor correction.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
On motion by Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED that the next meeting of the Southold Town
Board of Appeals will be held at 7:30 P.M. (E.D.S.T.), July
11, 1974, at the Town Office, Main Road, Southold, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
Southold Town Board of Appeals -24- June 13, 1974
Seventeen (17) Sign Renewals were reviewed and renewed
as submitted.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set
7:40 P.M. (E.D.S.T.), July 11, 1974, ~at the Town Office,
Main Road, Southold, New York, as the time and place of
hearing upon application of Gordon Ahlers, P.E., Manor
Lane, Jamesport, New York a/c Brasby's of Mattituck Manor,
Main Road and New Suffolk ~venue, Mattituck, New York for
a variance in accordance with the Zoning Ordinance, Article
III, Section 100-34 &i~5A for permission to construct
decorative stone wall (fence) part of which will be over
4 feet in height in front yard area. Location of property:
Main Road & New Suffolk Avenue, Mattituck; bounded north
.by New Suffolk Avenue; east by J. ~ickham; south by Peteco
Realty; west by Main Road.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, HulSe, Doyen.
On motion by Mr. Bergen, seconded by Mr. Grigonis, it was
RESOLVED that the Southold Town Board of Appeals set
7:55 P.M. (E.D.S.T.) upon application of Richard De Maria,
5 Swan Lane, Hauppauge, New York for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Sdhedule for permission to divide lot with in-
sufficient frontage and area. Location of property: Hiawatha
Path, Southold, bounded north by W. Ulhorn; east bY Hiawatha
Path; south by C. Boergesson; west by J. Derosa and another.
Vote of the Board: Ayes.:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
On motion by Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals set
8:05 P.M. (E.D.S.T.), July 11, 1974, at the Town Office,
Main Road, Southold, New York, as the time and place of
Southold Town Board of Appeals -25- June 13, 1974
hearing upon application of Elbert E. Austin a/c William
J. Eckartz, 315 Sound Avenue, Peconic, New York for a
variance in accordance with the Zoning Ordinance, Article
III, Section 100-30 and Bulk Schedule for permission to
construct attached garage with insufficient sideyards.
Location of property: S/S Sound Avenue, Peconic, New York;
bounded north by Sound Avenue, Lot No. 17, Peconic Shores,
Peconic, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
On motion by Mr. Hulse, seconded by Mr. Doyen, it was
RESOLVED that the Southold Town Board of Appeals set
8:15 P.M. (E.D.S.T.), July 11, 1974, at the Town Office,
Main Road, Southold, New York, as the time and place of
hearing upon application of James & Eileen Dugan, 12
Gedney Avenue, Smithtown, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-
30 and Bulk Schedule for permission to construct dwelling with
insufficient sideyard. Location of property: Osprey Nest
Road and Maple Lane, Lot No. 50, Section II, Cleaves Point
Subdivision, 8reenport, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
On motion by Mr. Doyen, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set
8:30 P.M. (E.D.S.T.), July 11, 1974, at the Town Office,
Main Road, Southold, New York as the time and place of
hearing upon application of Nicholas & Patricia Drossos,
Main Road (Arshamomaque), Greenport, New York for a
variance in accordance with the Zoning Ordinance, Article
VI, Section 100-60 C (3) (A) (B) (C) for permission to
erect sidewall sign. Location of property: N/W side Main
Road (Arshamomaque), Greenport; bounded east by Long Island
Lighting Company; south by Main Road; west by John Drossos;
north by Manor Grove Corp.
Southold Town Board of Appeals -26- June 13, 1974
On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
RESOLVED that the Southold Town Board of Appeals set
8:40 P.M. (E.D.S.T.) ~uly 11, 1974, at the Town Office, Main
Road, SQuthold, New York as the time and place of hearing
upon application of Wickham & Lark a/c Clinton Muttit,
North Country Road, Westhampton, New York for a variance
in accordance with the Zoning Ordinance, Article III, Section
100-30 & Bulk Schedule and Section 280A Town Law for permission
to divide property and for approval of access with insufficient
frontage and area. Location of property: E/S Grand Avenue,
Mattituck; bounded north by Rohrback & Heuser; east by M. & P.
Surer; south by Long Creek; west by Grand Avenue., Anrig, Hopek
and Hanson.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set
8:55 P.M. (E.D.S.T.), July 11, 1974, at the Town Office,
Main Road, Southold, New York as the time and place of hearing
upon application of George F. Schmitt & Wife, 55 Marlborough
Road, West Hempstead, New York for permission to construct
accessory (storage) building in front yard area. Location
of property: W/S Truman Path, East Marion, New York; bounded
north by Sullivan & Gorga; east by Truman's Path; south by
E. Foster; west by Marion Lake.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
The meeting was adjourned at 10:10 P.M.
Respectfully submitted,
ROW: : ,
''- , ~/ '~, 7~'~'-"~ X Marjorie McDermott, Secretary
Rbbert W. GillisP~~t>~hairman