HomeMy WebLinkAboutZBA-10/03/1974Southold Town ppeals
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APPEAL BOARD
MEMBERS
Robert W. Gillispie, .Jr., Ch~irm~n
Robert Bergen
Charles Gri~]onis, Jr.
Serge Doyen, Jr. \
Fred Hulse, Jr.
MINUTES
Southold Town Board of Appeals
October 3, 1974
A ~egular meeting of the Southold Town Board of Appeals
was held at 7:30 P.M. (E.D.S.T.)., THursday, October 3, 1974,
at the Town Office, Main Road, Southold, New York.
There were present: Messrs: Robert W. Gil.lisple, Jr.,
Chairman; Charles Grigonis, Jr.; Fred Hulse, Jr.
Absent: Mr. Robert Bergen and Mr. Serge Doyen, Jr.
A letter addressed to Mr. Howard Terry, Building Inspector,
was received from Mrs. Elaine G. Duff, concerning Appeal No.
1953, Thomas D. Duff, Jr. and Elaine G. Duff, 34 Hunters Road,
Manchester, Connecticut, dated September 30, 1974, as follows:
"Enclosed is a copy of a corrected deed giving us access
to the right of way to our property on Crescent Avenue, Fishers
Island. The original deed has been forwarded to the County
of Suffolk to be recorded.
This should meet our obligations to receive our building
permit.
Hoping to get things underway as soon as possib~."
Sincerely,
/s/ Elaine G. Duff
Southold Town Board of Appeals 2
October 3, 1974
The Chairman instructed the secretary to write the
following letter to Mrs. Elaine G. Duff. The letter dated
October 4, 1974 reads as follows:
"In response to your letter of September 30, 1974 addressed
to Mr. Howard Terry, who is away, we have received the
corrected copy of your Deed dated the 25th of September,
1974 between Henry M. Zabohonski and Annette M. Zabohonski,
his wife, residing at Crescent Avenue, Fishers Island, New York
and Thomas D. Duff, Jr. and Elaine G. Duff, his wife, both
residing at 34 Hunter Road, Manchester, Connecticut.
This letter will acknowledge receipt of the Deed and com-
pliance with Condition No. 1 of the Board's action dated
September 12, 1974.
As you know, a further condition of this action requires
that the right of way to your property shall be suitably
improved, subject to the approval of the Building Inspector."
Is~
Yours truly,
Robert W. Gillispie, Jr.
Chairman
At a hearing held on August 19, 1974, the Board postponed
decision on Appeal No. 1948, Joseph Sawicki, North Road,
Southold, New York, in order to obtain more information.
THE CHAIRMAN: (addressing Mr. Sawicki) You say you wish
to set off a lot that is described in your sketch as being
the westerly portion, directly west of your present house.
To the side and in back of you are three lots belonging to a
minor subdivision. The one directly adjacent to you came to
you at a different time. The "L" shaped piece came to you at
one time and the other one went to your nephew. The application
is a little confusing. It is just for the lot directly adjacent
to you and doesn't refer to the northerly lot of the minor
subdivision. I think you explained that if the road went
through you wanted to keep that lot. We think you should
reverse these lots and keep half of the one in back of you so
that if your in-laws are going to build they would have a
place to move to. What you want is to reserve three-quarters
for you, that is, the "L" shaped piece. The problem we are ~
up against is the creation of three lots where there should be
only two.
Southold Town Board of Appeals
-3- October 3, 1974
I think, after talking this over with counsel that the
best solution is for us to act on the lot you want %o transfer
to your in-laws, and require that the northerly lot of the
minor subdivision be combined with your lot so you will have
the "L" ~haped lot left. Then, if the road goes through you
won't haye to come in here for a variance. At this time we
will act on the one lot west of you which will be compatible
with property directly east of you. The two residences
west of your right of way look to be on about one third of
an acre apiece. Rather than getting involved in putting a
condition in that would preserve this, we will leave it as
it is but if you want to sell it you will have to come in
and get a variance, we can't handle it on this one applica-
tion.
We will create this lot which will be in character with
the neighborhood and, then if the road goes through, you can
use it to move your house back.
MR
Sunday'
much. T
grant th
SAWICKI: I believe there was something in last
paper that said about 60 or 70 feet would be taken.
CHAIRMAN: You will have a hardship if they take that
~is ms the way counsel suggested it be done.., we will
at lot that you set off here. It's almost impossible
to read this sketch.
MR. SAWICKI: It will be 105 feet on the road and 150 feet
deep.
THE
and 153
MR
private
have 10~
still bi
CHAIRMAN: The sketch shows 154.11 feet on the road
feet deep.
SAWICKI: It would be 105 feet from my line to the
road. The 154 feet consists of road and property. I
feet plus 50 feet of road and 150 feet deep which is
gger than ~he property across the street from me.
THE CHAIRMAN: I think you should bring in a better survey
so we ca~nsee the dimensions.
After investigation and inspection the Board finds that
applicant requests permission to to set off lot with insufficient
width and area on the south side of North Road, Southold, New
York. The findings of the Board are that applicant has a
potential hardship if the road, North Road, should be widened.
Applicant has an existing dwelling on the easterly side of his
building lot and an approved access road on the west. The lot
under application will be compatible with other lots in the
neighborhood. The Board agrees with the reasoning of the
applicant.
Southold Town Board of Appeals
-4-
October 3, 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. Gillispie, seconded by Mr. Grigonis,
it was
RESOLVED, Joseph Sawicki, North Road, Southold, New York,
be GRANTED permission to set off lot which is approximately
105 feet in width and 150 feet in depth, bordered on the west
by a 50 foot right of way to a minor subdivision, and which is
located on the south side of North Road, Southold, as applied
for, subject to applicant furnishing the Board of Appeals
with a survey showing exact boundary determinations.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Hulse.
Mr. William H. Fiedler, North Road, Southold, New York,
was present for the purpose of having the Board of Appeals
review the action of the Board on Appeal No. 931.
THE CHAIRMAN: The Board of Appeals gave you permission
to locate a garage on a lot on which your residence is not
located. I believe the reason for asking to have this
appeal referred back to us was to see if conditions have
changed in that location. I understand it that this garage
is located on a private right of way off the south side of
the North Road, Southold.
Following is Action of the Board on July 28, 1966:
"After investigation and inspection the Board finds that the
appellant requests permission to construct a private garage
with reduced setback. The proposed garage will be set 25 feet
from the private right of way. This garage will be of temporary
nature to store an automobile in. The Board points out that
the appellant owns the lot across the road from the property in
question. However, there is not enough area on the same lot
with his dwelling to construct a garage.
THEREFORE, it was RESOLVED that William H. Fiedler, North Road,
Southold, New York be GRANTED permission to build a private
Southold Town Board of Appeals -5- October 3, 1974
garage with reduced setback on the former property of Helmut
Hass located on a private right of way off the south side of
the North Road, Southold, New York. This permission is granted
for two (2) years only."
THE CHAIRMAN: Actually, it's of a permanent nature.
believe the Action was made because the garage is located in
the front yard and there is no residence there. The Board
pointed out that the applicant owns a lot across the road
from the property in question. That situation has not changed.
mR. FIEDLER: Where the garage is now is where we antici-
pate moving our house. What about the wi~Ring of the road?
THE CHAIRMAN: I don't think we can give you any information
about that. The widening of the road.does not seem to be a
very popular idea. I believe there is quite a bit of opposition
to this widening. If they do widen it, I think that is where
they would go. We can't tell you any more than that. I would
recommend granting this permission for an additional two years
at which time we can find out if conditions have changed.
On motion by Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED, William H. Fiedler, North Road, Southold, New
York be GRANTED permission to locate private garage with
reduced setback on a private right of way off the south side
of North Road, Southold, New York. This permission is granted
for two years (2 years) from today's date. The permission
will be in force until October 3, 1976.
Vote of the ~Board: Ayes:- Messrs: Gillispie, Grigonis,
Hulse.
Decision of ~he Board on Appeal No. 1949, Estate of Marie
Vermaelin. This application was submitted by Richard Lark, Esq.,
of ~the office of Wickham & Lark, for a public hearing held on
September 12, 1974. A decision was postponed at that time
because the Board felt that a better way might be discovered
to provide for drainage for the Town of Southold over the four
lot property division that has been presented to the Board of
Appeals by the Planning Board. The Board feels that the 10
foot wide easement is not wide enough for Town vehicles to
operate on and it would seem that this easement was created
to supply 150 feet of frontage on a deep lot. However, fronting
houses on 150 foot frontage has problems of variance with
regard to rear yards and front yards on long, narrow lots.
Southold Town Board of Appeals
-6- October 3, 1974
(There was a discussion with Mrs. William Hillman who is
concerned with what happens to the property that borders on
her property. The Chairman said it's on public streets and
the way the Planning Board has this set up there is a Town
easement 10 feet wide extending from this street. In case
we had drainage problems they might have to improve that
easement. The way this is set up they have a~10 foot right-
angle here (referring to survey) and a 10 foot right angle
here. I don't think the Town could get in to maintain it.
This is a private right of way but I presume the Town could
use it. Mrs~ Hillman said "that means I would look at the
back of houses". The Chairman said that aside from that
it seems to make more problems than it solves because that
becomes the frontage of the property. Front yard requirements
can't be met here. I% would be better to keep it the way it
is and give the Town a 15 foot right of way. Mrs. Hillman
asked if the Chairman thought they would put the access road
parallel to her property to which the Chairman replied that
he didn't see why they would).
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED that application of Estate of Marie Vermaelin
be sent back to the Planning Board with the suggestion that
they propose a simpler way to provide for a Town easement~
for drainage water which may occur in the future.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Hulse.
On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that the minutes of the Southold Town Board of
Appeals dated September 12, 1974 be approved as submitted,
~ubject to minor correction.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Hulse.
Southold Town Board of Appeals -7- October 3, 1974
PUBLIC HEARING: Appeal No. 1954 - 8:10 P.M. (E.D.S.T.)
upon application of Reginald Hudson a/c Brody & Others,
136 Front Street, Greenport, New York, for a special exception
in accordance with the Zoning Ordinance, Article III, Section
100-30 B.9 for permission to construct docks and storage
buildings on premises with insufficient width and area.
Location of property: E/S Gull Pond Lane, Greenport, New
York, bounded on the north by Scott McBurney - Lot 11; on
the east by canal (branch of Gull Pond); on the south by
G. Lubrich - Lot 12; on the west by Gull 'Pond Lane. 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 CHAIRMAN: The application is accompanied by a survey
indicating that this area is between Lots 11 and 12. The survey
is dated August 3, 1972 and was mapped from previous surveys
by Van Tuyl & Son. The area covered by this survey is 1.67+
acres. The five divisions mads on the map are for Lots 1, ~,
3, 4 and 5. The size of each lot works out roughly to
13,000 or 14,000 sq. ft. The depth varies depending on the
edge of the canal and the way the road is laid out, Gull Pond
Lane. KThe side yard dimensions are parallel° That describes
the application except that this parcel was left out of the
original filing because it was an area that was used to
stack up fill, sludge, mud, etc. We, in effect, have here an
area of 1.67 acres which the applicants have not been able to
use or develop.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. REGINALD HUDSON: The folks who own the property
have asked me to represent them. I sold it in the first place.
It was property that was left over from Fordham Acres.
THE CHAIRMAN: What property did the people you are talking
about buy?
MR. HUDSON: They own property all around that. They own
two lots on this side (referring to survey) and one at the
head. There were about a half dozen lots left. The lots,
basically, on this side were purchased with the property plus
four lots at the head of the canal plus 500 feet of property
on this canal which you say was unlisted. It was not given
a lot number~ it's just a blank space. They did not buy just
this, they bought a lot of property with it. I went to the
Board of Health and there is not good drainage possibilities
for year round use. There is a lot of sand mixed ino Unless
aasewer system were put in it could never be used. Water is
Southold Town Board of Appeals -8- October 3, 1974
available there. The only relief you would have would be
as a private marina. Their idea is that friends would
bulkhead it and tie their boats up there. They are not
interested in storage buildings.
THE CHAIRMAN: What we are concerned with is to get an
accurate description of what they propose to do. I don't
think any agency of the Town can do this except the Planning
Board. This is a major subdivision. We don't handle subdivis-
ions any more. I don't know if the owners are aware that
the Board of Health has to approve major subdivisions but
not minor subdivisions. If you file for more than four lots
you have a lot of requirements that you have to meet. They
would not approve anyway because of the area of the lots.
We also wonder why you did not make the lots smaller if
you intended to sell these off as individual places to '
dock boats. Another point is that the privilege of docking
a boat applies to a 40,000 sq. ft. lot so this all requires
special action both of the Planning Board and ourselves.
It seems like a reasonable use of property. We would never
be permitted to put cesspools in. There would be covenants
in every Deed if these were sold. It could never be used
commercially. He would be limited to parking or anchoring
off the end of one of these pieces of property plus he
would be permitted his own boat plus two others. It is a
good idea to have some docking but it is quite expensive for
one man to bear the cost. Anyone who is permitted to put
out a dock could also have two neighbors use it.
These are some of the restrictions we have thouqht
about in connection with this. In other words, you are
going to need a variance and you are going to have to see
the Planning Board to get a subdivision of property and
we thin~[it would be reduced to four lots and not five.
Not.beCause we think 5 lots is too many but to help you as
far as the Board of Health is concerned. I am mentioning
these things ahead of time to help these people here to
understand what can and can't be done. I think this Board
feels this is a good use of property.
THE CHAIRMAN: Is there anyone else present who wishes
to speak for this application?
(There was no response.)
THE CHAIRMAN: The Board has not made up its mind nor
have I mane up my mind. We are open to ideas.
Southold Town Board of Appeals -9- October 3, 1974
MR. HUDSON: If I have to go back to the Planning Board
there is nothing else I have to add. They will have their
ideas. Restrictive covenants would have to be added on.
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
MR. WALTER ~Q~S: If we don't object tonight will we
have a further opportunity to object if it comes up again?
THE CHAIRMAN: We have to work together with the Planning
Board. It will have to come back here but whether it will be
republished or not, I don't know.
HERBERT ZIEGLER, ESQ.: I believe this would be a concern
of the Environmental Commission. I think the main consideration
of everyone here is the environment. A big concern is clamming
because these boats would emit into Gull Pond.
MR. WALTER~~: That body of water goes right down
to the public beach. I think it would be a bad situation if
you have twelve boats and there are cars coming in there.
I have seen human ~crement in there already.
THE CHAIRMAN: An ordinary residential lot is permitted
to have the owner's boat plus two other boats docked at his
dock. There is an economic consideration here. Presumably
the cost is going up all the time.
MR. THEODORE VAN HYNING: If these lots were used as
bulkheaded storage for boats and you did have more than one
per lot whoever would be doing this would be bringing in
boats you could live on. There will be no houses with
toilet facilities. They are going to be living on these boats
over the weekend. How about sewage problems from boats? If
you have a large number of boats it could be distressing to
people further down. Another thing is the character of the
neighborhood which presently is residential. These are very
open properties, very visible. If storage sheds are asked
for, would this be an attractive approach?
THE CHAIRMAN: This Board is empowered to impose all kinds
of restrictions. It would be easy to impose conditions that
there be no live planting. I don't know if you could screen
it from the east but I think you could approach your problem
of visibility with live planting. The other problem is beyond
us to solve. We had this problem come up with an application
for house boats from Victoria Cottages. They never went
through with it. They had an arrangement to handle sewage;
they were going to handle it with cesspools. One of the.
conditions we would impose would be that there be no cesspools
so what the owner would do about that, I don't know.
Southold Town Board of Appeals -10-
October 3, 1974
MR. HUDSON: The owner doesn't care about having any other
storage sheds.~-He would put in trees and topsoil.
MR. JOHN GEtDEMAN, President, Cleaves Point Property Owners
Association: I notice that the Building Inspector said that
it would be excellent for a marina. Bulkheading would be just
as restrictive as building because you would be going down
into muck that would require piling. There is nothing in there
that would hold the bulkheading up. The walls of the canal are
falling down, nothing will grow. If you build a bulkhead you
have to have suitable soil to build on.
THE CHAIRMAN: We have never felt here that we could
require bulkheading. Bulkheading a small lot might cost more
than your house when you are building those concrete block
Florida type houses.
MR. GEIDEMAN: In that area, that would ~aintain ~hree
boats per lot.
THE CHAIRMAN: We have discussed requiring bulkheading
~ith the Town but the idea never went across.
MR. ZIEGLER: I believe there will have to be an Environ-
mental hearing before the State. I understand that on any
waterfront property there must be advice of the Environmental
Commission.
THE CHAIRMAN: I thought you meant an Environmental Impact
statement. You are right about having to submit it to the
Department of Environmental Conservation.
MR. ZIEGLER: I agree with everything you have said.
THE CHAIRMAN: Is there anyone else present who wishes
to speak against the granting of this application?
MRS. L. McBURNEY: We have Lot 11. If they put these
bulkheads in here, how are we going to get out with our boats?
The creek is not very wide.
MR. HUDSON: Do you have a boat? Do you have bulkheading?
MRS. McBURNEY: Yes.
THE CHAIRMAN: Where your boat is located is where they
cut in the new canal.
Southold Town Board of Appeals -tl- October 3, 1974
MR. GEiIDEMAN: The banks there are holding up.
MR. HUDSON: Did the Kaplan's build this before the
Planning Baard was in existence?
MR. GEIDEMAN: It was about 9 or 10 years ago.
THE CHAIRMAN: These canals were a mistake. They become
salted by the golf course. Mrs. McBurney, your question
relates to the type of structure you have. I don't know how
I can answer it. I don't know how you can object to a part
of a canal and not another part. Do you turn around in front
of your property?
MRS. McBURNEY: Yes.
MRS. EVELYN ARMSTRONG: How would the Board of Health
be in volved if you don't have cesspools?
THE CHAIRMAN: ~The Board of Health will never countenance
seweage disposal there. This is a regulation that involves
p~ocedure on subdivisions. Whether houses are built on this
or not the Board of Health would have to approve or disapprove
ma]or subdivisions. That's why I thought these people would
want four lots instead of five. Even if a minor subdivision
was recommended by the Planning Board, the Board of Health
still would not let anyone put in cesspools.
MR. HARRY ARMSTRONG: Would there be floats or piers
out there?
THE CHAIRMAN: The types of docks they use would not
volve us.
MR. ZIEGLER: It would be impossible to put a dock out.
The Banal is not that wide. How would they dredge?
MR. HUDSON: They can't keep on carrying it. A friend
may want to buy a piece of property to put a boat there so
they want to clean this up.
MR. ZIEGLER: A man could always sell to someone else.
MRS. EVELYN ARMSTRONG: I missed something about who
they are going to sue.
THE CHAIRMAN: You mean a court case? I don't know who
they are going to sue. The original seller was Latham - Preston.
Southold Town Board of Appeals
-12- October 3, 1974
MR. ERIC KOCH, Cleaves Point Property Owners Assoc.:
(After an informal discussion with the Board regarding heads
in boats, Mr. Koch felt that any further discussion should
be postponed until after submission of this application to
the Planning Board.
The Chairman directed the secretary to write the following
letter to the Planning Board:
"At a regular meeting held October 3, 1974 the Southold Town
Board of Appeals postponed decision on the above appeal for
a variance for permission to construct docks and sto~age
buildings on premises with insufficient width and area,
until after its submission to the Planning Board. The
property is located on the east side of Gull Pond Lane,
Greenport, New York.
It is the Board of Appeals opinion that this subdivision
can be cut down to four lots which would avoid a major
subdivision. If the Planning Board should view this
application favorably each of the lots shall be covenanted
to prevent residential use for all time."
On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that decision of the Board of Appeals on Appeal
No. 1954, application of Reginald Hudson a/c Brody & Others
be postponed pending submission of this application to the
Planning Board.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Hulse.
PUBLIC HEARING: Appeal No. 1955 - 8:25 P.M. (E.D.S.T.)
upon application of Antonio De Souza, 5 Viking Road, Glenwood
Landing, New York for a variance in accordance with the
Zoning Ordinance, Article III, Section 100-34 and Bulk
Schedule for permission to construct dwelling with insufficient
setback. Location of property: Bay Shore Road and Island View
Lane, Greenport, New York, Peconic Bay Estates, Lot No. 152
and 1/2 of 151.
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
contract of sale. You have contracted to buy this property?
MR. DE SOUZA: Yes.
Southold Town Board of Appeals -13- October 3, 1974
'THE CHAIRMAN: The applicant proposes to build a house
on property which is irregular in shape so that on Bay Shore
Road the lot has 6~ feet plus a 38 foot arc. The rear of
the lot diminishes to 37.36 feet which requires that the
house be placed on the lot the way the applicant has
placed it which is 20 feet from Bay Shore Road and 10 feet
from vacant land on the north. The garage which is attached
by a driveway would be 10 feet from Island View Lane.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. ANTONIO DE SOUZA: I have owned the lot since 1961.
Van Tuyl made the survey.
THE CHAIRMAN: There is no way to enlarge it. It is
heavily wooded. We thought of having you move it back a
little further from Bay Shore Road but in that case if you
backed a car out of the garage you would be on the street.
This way you have about 20 feet. We also thought of having
you enter your garage from the west but I don't think there
is enough clearance. It would be my opinion that the house
is properly located.
THE CHAIRMAN: Does anyone else wish to speak for this
application?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
MR. WILLIAM R. DUNLOP: I am an attorney and the son-
in-law of M. F. Dunnick who owns the adjacent property. I
thought it required two 50 foot setbacks. This is a corner
lot. My review of the plot indicates a backyard of 50 feet
and sideyards, and this plan does not come close to the
required setbacks. Other properties have much larger set-
backs, particularly front yard, than does the proposed property.
Also, the property is heavily wooded and moving this house
would require losing most of those trees which is something
environmentalists would be opposed to.
THE CHAIRMAN: I'm sure you know that an action of
the Zoning Board of Appeals is not based on a popularity
contest as to whether neighbors want something or not. The
Board of Appeals was established to take care of hardships
that exist. This community is several hundred years old
and consists of waterways and narrow streets and plots in
single and separate ownership. Much of our work concerns
lots such as this. It is impossible to achieve the 50 foot
setback which is required under the present Ordinance.
Southold Town Board of Appeals -14- October 3, 1974
WILLIAM R. DUNLOP, ESQ.: This is "A" district. In
the case of a lot held in single and separate ownership a
single dwelling may be constructed and side yards may be
reduced by 25%.
THE CHAIRMAN: This Board enters into it when the
reduction is more than 25%, it used to be 50%. The Building
Inspector could do that prior to passage of the Ordinance.
MR. DUNLOP: Mrs. Dunnick does not have city water and
she is concerned that construction of sanitary facilities
might affect the quality of the water.
THE CHAIRMAN: That would be a matter for the Board of
Health. It would have to have Board of Health approval.
You understand that this is not something that we have any
control over.
THE CHAIRMAN: Does anyone else wish to speak against
this application?
MR. CONNELLY, President of WiCkham Park Assoc.: That's
a very bad corner. I am reporting to our summer residents.
Where is the garage going to be?
MR. FRED HULSE, JR.: On Island View Lane.
THE CHAIRMAN: It is my opinion that this will have to
be cl~ed on a 30 foot radius from the intersection to
30 inches to provide visibility. The visibility should be
increased.
MR. CONNELLY: Is that a two story building?
MR. DE SOUZA: It is one story.
MR. CONNELLY: The front yard setback will not look good.
THE CHAIRMAN: The situation is what exists. We are not
putting it forward. It has an acute angle.
MR. HULSE: It has been owned singly for many years° There
is no possible way you can prevent a building from going on this
property. The only thing we have to do is to locate it somewhere.
There is no really good place.
MR. CONNELLY: If the person who has a lot alongside of
that decided to build could he put his house in the same
location?
THE CHAIRMAN: The original filing goes back to 1928.
Southold Town Board of Appeals
-15- October 3, 1974
THE CHAIRMAN: Is there anyone else who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to construct dwelling with
insufficient setback on Bay Shore Road and Island View Lane,
Greenport, New York. The findings of the Board are that
applicant is the owner of a lot which is irregular in shape.
There is noway to enlarge the lot and it is impossible to
achieve the 50 foot setbaCk which is required Under the
present Ordinance. The Board agrees that this is the only
feasible location for applicant's dwelling.
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, Antonio De Souza, 5 Viking Road, Glenwood Landing,
New York be GRANTED permission to construct dwelling with in-
sufficient setback on Bay Shore Road and Island View Lane,
Greenport, New York, as applied for, subject to the following
condition:
That the corner of the property be cleared on a 30 foot
radius from the intersection to a height of 30 inches
to provide visibility.
Vote of the Board: Ayes: Messrs: Gillispie, Grigonis~
Hulse.
PUBLIC HEARING: Appeal No. 1956 - 8:35 P.M. (E.D~S,T.),
upon application of Lefferts P. Edson, Main ~oad, SQuthold,
New York for a variance in acCordance with the Zoning Ordinance,
Article III, Section 100-30 C.1 for permission to use existing
barn for an art studio. Location of property: N/S Main Road,
(Rt. 25), Cutchogue, New York, bounded on the north by other
lands of applicant; on the east by R. Asselta; on the south ~
by Main Road; on the west by Estelle McCallum. Fee paid $15.00.
Southold Town Board of Appeals
-16- October 3, 1974
THE CHAIRMAN: The application is accompanied by a sketch
indicating that property is on the Main Road in Cutchogue.
There is a farm dwelling on the road and a barn considerably
to the north.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
LEFFERTS P. EDSON, ESQ.: This is a better picture of
the premises. This is the barn and these are two little
sheds. The proposed subdivision has been approved by the
Planning Board. The house, here, will not be in the same
contract as this area, and that's the reason for this
application. We wish to change from a potato barn to an
art studio.
MR. FRED HULSE, JR.: This subdivision has been approved?
MR. EDSON: Yes.
THE CHAIRMAN: What size are these lots?
MR. EDSON: One acre.
THE CHAIRMAN: The proposal is to have a separate lot
where this barn is located. Is art going to be sold here?
MR. EDSON: No. There will be no business done.
THE CHAIRMAN: Eventually you may want to discontinue
this use and sell it as a lot.
MR~ EDSON: It will be sold to the same people.
THE CHAIRMAN: It seems to be a reasonable use of property
with some restrictions.
MR. EDSON: I think it will be very attractive. They live
at the old Messinger place.
THE CHAIRMAN: Is there just one p~rson who will use this?
MR. EDSON: There are two people involved.
THE CHAIRMAN: Later they may build a hOuse.
MR. EDSON: Yes.
Southold Town Board of Appeals
-17- October 3, 1974
THE CHAIRMAN: Is there anyone present who may wish to
speak against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to use existing barn for an
art studio on the north side of Main Road (Route 25),
Cutchogue, New York. The findings of the Board are that
applicant is in a subdIvision of eighteen one acre lots,
one of which will be owned by the applicant. The user of
this property will be the owner of the property. 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 ~se 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, Lefferts P. Edson, Esq., M~n Road, Southold,
New York be GRANTED permission to use existing barn for an
art studio. The property is located on the north side of
Main Road (Route 25), Cutchogue, New York. This variance
is granted subject to the following conditions:
1. That no art sales shall be conducted on the premises;
there shall be no exhibits and no commercial functions.
After two years (2) the Board of Appeals shall be
required to review this use of property to assure
that there have been no violations.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Hulse.
PUBLIC HEARING: Appeal No. 1957 8:45 P.M. (E.D.S.T.)
upon application of Mr. and Mrs. Robert Goldense,5330 New
Suffolk Road, New Suffolk, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section
100-30 and Bulk Schedule for permission to construct addition
on dwelling which will reduce existing setback line average.
Location of property: W/S New Suffolk Road, New Suffolk, New
York, bounded on the north by M. Cooper; on the east by
New Suffolk Road; on the south by E. Raynor; on the west by
A. Rysko. Fee paid $15.00.
Southold Town Board of Appeals -18- October 3, 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 survey
indicating that the present existing setback is 38.8 feet;
the depth of the property is 150 feet; and the width of the
lot is 50 feet ~on New Suffolk Road and also at the rear of
the property.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. ROBERT GOLDENSE: The porch we have now will have to
be moved. If I am going to build another one I would like to
make it bigger.
THH CHAIRMAN: When did you buy the house?
MR. GOLDENSE: It was signed over from my wife's mother
two m~nths ago.
THE CHAIR/~AN: How old is the house?
MRS. GOLDENSE: It's about 45 years old. My mother owned
it for 22 years.
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 construct addition on dwelling
which will reduce existing setback line average on p~operty
located on the west side of New Suffolk Road, New Suffolk,
New York. The findings of the Board are that the reduction
of the front yard would be less than 2 feet and would not
change the character of the area. The Board agrees with the
reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary har~hip;
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
chanqe the character of the neighborhood, and will observe
the spirit of the Ordinance.
Southold Town Board of Appeals -19- October 3, 1974
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED, Mr. and Mrs. Robert Goldense, 5330 New Suffolk
Road, New Suffolk, New York be GRANTED permission to construct
addition on dwelling which will reduce existing setback line
average, as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Hulse.
PUBLIC HEARING: Appeal No. 1958 - 9:00 P.M. (E.D.S.T.)
upon application of Thomas A. Duffey, President, T.A.D. Auto
Sales, Inc., Main Road, Mattituck, New York for a special
exception in accordance with the Zoning Ordinance, Article
VII, Section 100-70 B.4 for permission a. to conduct a
used car sales business; b. to erect a second sign. Location
of property: S/S Main Road, Mattituck, New York, bounded
on the north by Main Road; on the east by Maratooka Lane;
on the south by J. Brooks & R. Polhemus; west by Sunset Avenue.
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 CHAIRMAN: The application is accompanied by a Van
Tuyl survey dated June 15, 1970 indicating that the property
has 201.82 feet on Main Road on an angle, 158.89 feet on
Sunset Avenue, 185 feet on Maratooka Lane, and 200 feet at
right angles to the two side yards extending from Maratooka
Lane to Sunset Avenuea There is an island built in that
was used for gas pumps by a previous owner which is 12 feet
from the road. KThe service station is approximately
60 feet from the Main Road and 40 feet from Maratooka Lane
and a considerable distance from Sunset Avenue.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
MR. THOMAS A. DUFFEY: I propose to run a used car
operation. There would be no body work or mechanical work
done on the premises. It would be done in Mattituck by
Lewis and the body work would be done by Harvey Bagshaw in
Mattituck. I would display twelve or thirteen very clean
automobiles. I have been in business for 25 years. I will
put some nice flowers around the building and the building
will be painted. I have an authorized Buick dealer or Chrysler
dealer.
Southold Town Board of Appeals -20- OctOber 3, 1974
THE CHAIRMAN: Would there be anything in your future
that would indicate that you would take on an automobile
dealership?
MR. DUFFEY: There is a possibility I might be a repre-
sentative for Porsche for the North Fork. I would be displaying
one or two cars. Porsche-Audi, Inc. in Southampton has it all
east of Huntington but he has no representation on the North
Fork. It would be purely a display area. There is a lift
in the building and an extra bay but I don't propose to use
it at all.
THE CHAIRMAN: You do propose to use the gasoline service
station.
MR. DUF~EY: That is owned by the people I have a lease
from and they want me to pump their gasoline and I would have
to do it but it would be done by an attendant in a maroon
uniform. It would be very nicely done.
THE CHAIRMAN: I am sure, in view of the size of the
operation Which you propose, you would not object to having
a buffer zone between you and the residential area to the
south.
MR, DUFFEY: There are woods there.
THE CHAIRMAN: You would not expect to cut down any
trees at all?
MR. DUFFEY: I would prune a few trees and take down
~he fifteen year old sign.
THE CHAIRMAN: How long has the gas station been in use?
MR. DUFFEY: I believe about eight months or more.
MR. FRED HULSE, JR.: It's been in use a couple of years,
at least a year and a half.
THE CHAIRMAN: How many cars do you think you will have?
MR. DUFFEY: About 12. The security lights are 400 watts
on Pole 948. They just would be on the automobiles in that
area.
THE CHAIRMAN: You would not be installing any lights?
Southold ToWn Board of Appeals
-21- October 3, 1974
MR. DUFFEY: There is one light I would like to have,
a Dawn to Dusk light put out by Lilco. They have two types.
This is purely for the Police Department as they ride by.
It's a mercury vapor light.
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 a. conduct a used car sales
business and b. to erect a second sign on property located
on the south side of Main Road, Mattituck. The findings of
the Board are that this is a reactivation of use. It is in
a "B-l" district where gas stations are permitted. The
Board also finds that applicant is required by New York State
Department of Motor Vehicles to exhibit a 2' x 4' illuminated
sign attached to the building. Applicant does not plan to
cut any t~ees on the wooded portion of the lot to the south
thus leaving a buffer zone between applicant's property and
the residential area to the south. The Board agrees 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.
On motion by Mr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED, Thomas A. Duffey, President, T.A.D. Auto Sales,
Inc., Main Road, Mattituck, New York be GRANTED PERMISSION to
a. conduct a used car sales business, and b. to erect a second
sign, on property located on the south side of Main Road,
Mattituck, as applied for, subject to the following conditions:
1. 100-70 B.4 Public garages, gasoline service stations,
and new and used car lots, all subject to the following
requirements.
Entrance and exit driveways shall have an unrestricted
width of not less than twelve (12) feet and not more
than thirty (30) feet and shall be located not less
than ten (10) feet from any property line, and shall
be so laid out as to avoid the necessity of any vehicle
backing out across any public right-of-way.
b. Vehicle lifts or pits, dismantled automobiles and all
parts or supplies shall be located within a building.
c. Ail service or repair of motor vehicles, other than
such minor servicing as change of tires or sale of
Southold Town Board of Appeals
-22- October 3, 1974
gasoline or oil, shall be conducted in a building.
d. The storage of gasoline or flammable oils in bulk
shall be located fully underground and not less
than thirty~five (35) feet from any property line
other than the street line.
e. No gasoline or fuel pumps or tanks shall be located
less than fifteen (15) feet 'from any street or
property line.
f. No motor vehicle sales, used car lots, gasoline
service or repair shops or similar businesses are
to be located within three hundred (300) feet of a
church, public school, library, hospital, orphanage
or a rest home nor within three hundre~ (300) feet
of any residence district.
Applicant shall not park any used car closer than
35 feet to any property line.
e
That a 10 foot buffer strip shall be maintained
between applicant's operation and a residential area
to the south.
That no cars shall be parked within ten (10) feet of
the rear property line.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis,
Hulse.
Mr. Harvey Bagshaw came in for an informal discussion
with the Board of Appeals regarding the location of
proposed building on property located on the north side of
Main Road, Laurel School District 911 and Mattituck Post Office.
The Chairman instructed the secretary to write a letter
to Mr. Alan A. Cardinale regarding Appeal No. 1914, Adeline
Cardinale, Laurel, New York suggesting that Mr. Cardinale
determine a right of way to Peconlc Bay that is satisfactory
to the Planning Board.
Southold Town Board of Appeals -23-
October 3, 1974
In response to a request by Mrs. John Davis of the Val
Stype Agency a copy of the Action of the Board of Appeals
dated July 27, 1972, Appeal No. 1597, application of
Florence F. Grathwohl & James V. Pugsley, Fanning Road
and Jackson Street, New Suffolk, New. York was sent to Mrs.
Davis along with the accompanying letter:
"We are enclosing herewith a copy of the Action of the Zoning
Board of Appeals dated July 27, 1972.
The reason for Condition No. 3 was that the Board wanted to
be assured that any prospective purchaser of any one of
these six parcels shall be shown -this Action of the Board
of Appeals and shall acknowledge recognition to the Board of
Appeals."
s/s Robert W. Gillispie, Jr.
On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that the Southold Town Board of Appeals set 7:45
P.M. (E.D.S.T.) October 17, 1974, at the Town Office, Main Road,
Southold, New York as the time and place of hearing upon
application of Arthur W. Hahn, Jr., Bayshore Road, Box 685,
Greenport, New York for a variance in accordance with the
Zoning Ordinance, Article III, Sek~ion 100-30 and Bulk Schedule
for permission to use property as two building lots with in-
sufficient frontage and area. Location of property: W/S
Bay Shore Road, Amended Map of Peconic Bay Estates, Lots 132-136,
Greenport, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse.
On motion by Mr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED that the Southold Town Board of Appeals set 8:00
P.M. (E.D.S.T.) October 17, 1974, at the Town Office, Main
Road, Southold, New York, as the time and place of hearing upon
application of Boris T. and Olga Shaskin, 1055 Captain Kidd
Drive, Mattituck, New York for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-30 c. and
Article III, Section 100-32 for permission to locate accessory
building (garage) in front yard area. Location of property:
Map of Captain Kidd Estates, Lot No. 184, Mattituck, New York.
Vote of the Board: Ayes:- Messrs: Gillisple, Grigonls,
Hulse.
Southold Town Board of Appeals -24-
October 3, 1~74
On motion by Mr. Hulse, seconded by Mr. Gillispie, it was
RESOLVED, that the Southold Town Board of Appeals set 8:15
P.M. (E.D.S.T.), October 17, 1974, at the Town Office, Main
Road, Southold, New York, as the time and place of hearing upon
application of Pebble Beach Realty, Inc. 620 Hempstead Turnpike,
Elmont, New York for a variance in accordance with the Zoning
Ordinance, Article III, Section 100-30 C, G, D, & F for
temporary signs of excessive size. Location of property:
State Road, East Marion, New York, bounded on the north by L.I.
Sound- east by A. Birten; south by Main Road; west by Island's
End Golf & Country Club.
Vote of ~he Board: Ayes:- Messrs: Gillispie, Grigonis,
Hulse.
The meeting was adjourned at 10:45 P.M.
Respectfully submitted,
C~an ~°~ -~ppea~ ~/
R. W. Gillispie, Jr., Chairman