HomeMy WebLinkAboutZBA-10/22/1970 APPEAL BOARD
MEMBER
Robert "~K/. Giliispie, Jr., Chairmen
Robert Bergen
Charles Gri~3onis0 Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
Southold Town Board of Appeals
-~OUTHOLD, L. I., N.Y. 119~71
Telephone 765-f)6~0
EINUTES
SOUTHOV~ TOWN B~_RD 0t~ &PPEALS
October 22, 1970
A regular meeting o:~ the Semibold Town Board of Appeals was held
at 7:3G P.E., Thursday, October 22, 1970, at the Town Office, Main
Road, ~outhold, New York.
There-were present: Messrs: Robert ~$. Gillispie, Jr., Chairman;
Robert Bergen; t~red Hulse, Jr.; Serge Doyen, Jr.
Also present: Mr. Howard Terry, Building Inspector.
Absent: Mr. Charles Grigonis, Jr.
PUBT, IC HEARING: Appeal No. 1372- 7:30 P.M;. (E.D.~.T.), upon
application of Pequash Recreation Club, Ymc., West .Road, Cutchegue,
t~ew York, for a varla~ce in accordaaoe with~the Zoning Ord~iu~ce,
Article III, Section 307, for permiss'iom to retain .existing non-conform-
ing building with i~sufficient side yard area. Location o~ P~eperty:
south side of ~est Road, CUtchogue, New York, bounded north by ~%st
Road, east-by Cutehegue-New ~u£felk Pa~k District, south by Pecenic
Bay, west by Eilertsen. ~ee paid $%.00.
The Chairman opened the hearing by reading the application ~er a
variance, legal notice of hea~ing, affidavit attesting to its publica-
tion in the official newspapers, and notice to the applicant.
THE CHA~I~MAN: Is there a~yo~e present who wishes to speak for
this application?
~. WIL~iAM WICEM&M: Yes, I represent the ?equash Recreation Club,
I~c. ~ think~that if any property owne~ would object it would be ~he
Cutchegue Park District for the reason that the building is closer to
them. However, we worked together to acquire the properties. It was
owned by members of the Fleet family.
THE CHAIRMAN: Which was the property you acquired?
MR. WIC~M: We a~quired the one that the building was on. The
Pequash Club had the use of it. It was given by Henry Fleet. We have
had a very nice agreement with the commissioners.- we let them_have
our beach for the use of residents of the district~ They have also
agreed to erect a chain li~k fence between the properties so they will
be nicely segregated.
THE CHAIRperSoN: Does anyone else wish to speak for this applications
(There was no response.)
THE CHALRNAN: Is there anyone present who wishes to speak against
this application?
(There was no response.)
A_~ter i~vestigation a~d inspection the Board finds that the
applicant requests permission to retain existing non-conforming
bmilding with ins~Tficient side yard area on property located south
side of Nest Road, Cutchogue, New York. ~"ne Board finds that this is
a semi-public arrangement insofar as the beach is concerned, and is
beneficial to the community.
The Boa~d 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 net cha~ge the character of the neighborhood,
and will observe the spirit of the Ordinauce.
On motion by Mr. Bergen, seconded by Nr. Gittispie, it was
RE~Or.VED PequashRecreation Club,~ Inc., West Road, Cutchogue,
New York,~be GRA~NTED approval to retain~existing non-conforming
building with insufficient side yard area. r. ecat~on of property:
south side of West Road, GUtchogue, New York, bounded north by West
Road, east' by CutchogUe-New Suffolk Park District, south by Peconic
Bay, west by Eilertsen.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, H~lse,
Doyen.
PUBLIC HEA~RING: Appeal Ne. 1370 - ?:~5 P.M. (E.~).S.T.), upon
application of MilIicent T~fano and I~e Grilli, 35-Ryder Avenue,
Huntington, New York, for a variance_in accordance~with the ~oning
Ordinance, Article Il-Z, ~ection 303, and .~ticle X, ~ection 1000A,
for permission to set off lots with less than 100 ft. frontage, and
Article 1-~I, ~ection 300, ~ubsectien 6, and ~ection 309, for per-
mission to_locate accessory building in front yard a~ea. Location
of property: south side of private road off Camp Mineola Road,
Nattituck, New York, bounded north by private road, east by Milligan,
south by Great Peconic Bay, west by Folly Beach Limited. Fee pd.$5.00.
The Chairman opened the hearing by reading the application for
a variance, legal notice of hearing, affidavit attesting to its
publication in the official newspapers, and notice to the applicant.
THE CHAIR~-: Is there anyone present who wishes to speak for
this application?
~IIT~.TJTAM TUFANO: As i stated in the~application, we had no idea
of the problem of these two lots being put in under the same name.
I came down to get an application to put up an auxiliary building
and I was notified by M~. Terry of the existing problem. We would
like to get the two separated even if we put them under di~ferent
names. One piece of property was bought on February 16, 1960, the
vacant piece of land that we improved on the ~east. The other was
bought July 1%, 1968. It was purchased ~as ise with the existing
structure on it.
THE CHAIRNAI~: I think it would be more satisfactory if there
were separate ownership. You own these Jointly'?
MR. TUFANO: ~e did have legal counsel at the closings. He
is the Village Attorney for the Village of Rockville Centre.
T~E CHAIR~N: I don~t suggest that it was your attorney's
problem to question why you would buy two separate houses.
~. TUFANO: My sister's husband ~ud I are partners in a
Service ~tation i~ ~ineola. l~e put them in our wives~ names
should there be any problems in the future.
THE CHAIRNAN: Do both families use the east house?
L~R. T~I~ANO: Yes. ~e have purchased the west house. 1~e are
living in the east house and we are renting the west house.. My
intentions were to see what we could do with the west piece of
property. It is not in as good condition as the east house.
~then I came .down here I was notified that there was this ether
problem existing.
THE CH~: 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?
M~. RICHARD C~IN: ~y dontt you use the west house so you
can each have a whole summer? ]Se live on the beach and love it.
This way your other house is being rented. ~$e, en the beach, do
not like these smalltime rentals. There should not be four or
five cars there, t~r. Allen, to the west, is in Spain at the moment.
TEE CHAIRMAN: As a rental unit, there is a lot of traffic. We
have no control over that.
}~. C(I~%~IN: ~We have to tell Mr. Allen on Monday what these
people are planning to do.
T~E CHAIRMAN: Perhaps there has been a~ error of judgment.
These two me~ are partners.
MRS. COR~rIN: This is not what we came for. Other neighbors
have done very.strange things. How many people are they going to
rent to?
THE CHAL~hMAN: The auxiliary building is for a garage.
FA~. CORe, IN: These are particularly nice people but I cantt
have our beach_tumned into a ~outhside. ~ome of these renters have
been noisy.
~. BERGEN: Do you have a road to the beach?
2~. TEERY, Building Inspector: He owns it.
~R. TU~ANO: There is more than 1OO feet bw%ween the two houses.
THE CHAiR24AN: These lots were divided a long time ago.
can't change what's happened in the past.
Yom
MPpm. ~ORWIN: 'I~m really here to prevent their putting up an
auxiliary building. You do try to protect your own beach. There
is something very strange. Is the front of the house on the beach?
I call the side that faces the Bay, the front.
TEE CM_A_tRMAN: The front is on the highway. %~e have other
hearings on the same problem. People tend to consider that their
house faces on the water but from a legal standpoint the front yard
is where the access is. If the land is developed on the other side
of the road it becomes an unhappy situation. However, in this case,
there are a number of garages that have been there for a number of
years.
~. C~IN: I won't protest one bit, now that I know.
MR. TUFA~O: When I came down here to put in au application
for the auxiliary building, Z was advised to do it this way.
THE CHAIRMAN: We can handle it in one application.
I~R. TU~ANO: That's what I was told.
~HE CHAIRMAN: I think we should know how these properties will
be used.
MR. TU~ANO: ~$e will leave the east piece of property ~as is~
in the two wivest names, and the west~in the two husbands~ names,~
~_~less we fall into the same category. ~o, if we can do it that
way, without having to come down to file for another application,
i can give you the names for the west piece of property:
Millioent T~fano and Lee Grilli - east property
'William Tufano and Julio Grilli - west property
THE CHAIR~N: ~hat is the size of the auxiliary building?
~R. TERRY, Building Y~spector: That is indefinite now - the
setback for garages is ~rom nothing to ~ feet. . .
THE CHAIR~N'~ ~e c~n grant permission for a two car garage;
22 ft.~ x 24 ft., no closer than 5 ft. from any side line, and no
closer than 5 ft. to any highway. That sat!lies the maximum size
of the building.
After investigation and inspection the Board finds that the
applicant requests permission to set off lots with less thsm 100 ft
frontage; and permission to locate accessory building in Front yard
a~ea, located south sid~ of private road off Camp Mineola Road.
These two lots were purchased separately at different times but
were put under the same o~ership, inadvertently. The applicant
wishes to separate the two lots into single and separate ownership.
Also, there are a number of garages in the front yard area in the
neig~o orho od.
On motion by I*~r. Hulse, seconded by I~. Bergen, it was
REEOLVED ~iillicent Tufano and Lee Grilli be ~TED permission
to set off lots with less than 100 ft. frontage; and be .GRANTED
permission to locate accessory building in front yard. The location
of property is south side of private road off Camp Mineola Road,
Mattituck, New Tork. Approval for permission to locate accessory
building is granted, subject to the £ollowing condition:
Two car garage to be no larger than 22t x 24~; no closer than
5~ from any side line, and no closer than 5~ to any highway.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
PUBLIC HEARING: Appeal No. 1373 - 8:00 P.M. (E.D.S.T.), upon
application of John P. i~igall '& others, Lincoln Place, Fishers
Islsnd, New York, for a.variance in accordance with the Zoning
O~dinance, A~ticle I, ~ection 1007, ~ubsection (d), for permission
to reconstruct existing non-conforming building a~d use same for busi-
ness purposes. Locatlen of property: private road off south side
of Fox Avenue, Fishers Island, New York, bounded northby G. Lynch,
east by private road, south by J. B. Hartsfield, west by ~towe
Phelps. Fee paid $5.00.
The Chairman opened the hearing by reading the application for
a variance, legal notice of hearing, affidavit attesting to its
publication ~ the official newspapers, and notice to the applicant.
TEE CHAiR~IAN:
this application?
Is there anyone present who wishes to speak for
NR. ~EEGE DOYEN: Mr. Figall was not able to be here.
~ CHAIRMAn,: I have looked at the pictures. There dontt seem
to be. sides on the building but 'there is a roof on it, (There was
a discussion of the structure by the Board members.) I don~t think
it is a building.
(Mr. Doyen spoke at length of Mr. Figallts situation. He
stressed the fact that the applicant desires to operate a plumbing
shop as close to home as possible due to his wife~s illness, and
planned to renovate the building in order to do so. The building
had at one time been used for chickens, and later for radio repair
work. He also mentioned that it was possible lb. Figall would
have to take his wife to Florida for the winter in which case he
might lose customers he now has. Mr. Doyen expressed a desire to
help Mr. l~'igall in any way he could but realized it could turn
into a difficult situation if the place were used for business or
if ~. Figall later decided to sell.)
After investigatio~ amd inspection the Board finds that the
applicant requests permission to reconstruct existing non-conform-
ing building and use same for business purposes. The findings of
the Beard are that applicant did not have a business in the
accepted sense of the word in this building in 19%7, ~nd that the
granting of this application would establish a business use in a
residential a~ea.
The Board finds that strict application of the Ordinance will
not produce practical difficulties or unnecessary hardship; the
hardship created is not unique and would be sh~red by all properties
alike in the immediate vicinity of this property and in the same
use district; and the variance would change the character of the
neighborhood and would not observe the spirit of the Ordinance.
On motion by Nm. Gillispie, seconded by ~Lr. Bergen, it was
RE~OLVED John P. Figall-and others, Lincoln Place, Fishers
Island, New York, b~ DENIED permission to-reconstruct existing
non-conforming building and use same for business purposes as
applied for on property located private road off south side of
Fox Avenue, Fishers Island,New York.
Vote of the Board: Ayes:-Messrs: Gillispie, Bergen, Hulse,
Doyen.
-PUBLIC HEARING~ Appeal No. 1374 - 8:15 P.M. (E.D.S.T.), upon
application of Galley Ho Restaurant & North Fork ' Marina & ~hfpyard,
Inc., Main ~treet, New SuffOlk, New York, for a special exception
in accordance with the Zon~g Ordinance, Article IV, ~eciont 408 -a,
for permission to relocate ~nd .replace off premises directional
sign and area identification sign, 6 ft. x 12 ft., to be used by
four (4) separate businesses. Location 'of property: land of R. C.
Kopf,-north side of New SuffolkAvenue and east side of ~ain Road,
Mattituck, New York, bounde~ north by John L. Moore - Eopf, east
by E. & H. Reeve, south by New Euffolk Avenue, west by Main Road.
Fee paid $5.00.
The Chairman opened th~ hearing by reading the application for
a special exception, legal notice of hearing, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
T~ OHAIRNAN: Is there anyone present who wishes to speak for
this application~? .
I~R. TERRY, Building Inspector: Mr. 2~opf said he could not
control his temper enough~t~ come down here. He will trust your
judgment.
MR. BERGEN: It's a question as to how the sign would be used.
MR. 'TERRY, Building Inspector: It would be set at an angle to
the road. You would be able to see it coming down the main road
as well as coming up the main read.
MR. BERGEN: I don~t go for it.
MR. TERRY, Building Inspector: It will improve that corner 100%.
THE CHAI~Y~N: Relocating the sign will be an improvement.
I~R. TERRY, Building Inspecto~: It's now on the highway. It
has to be~ moved back on private ~prepe~ty Five feet F~om the Avenue
and at least 20 feet From the property line of Main Road and New
Suffolk Avenue. This would give more visibility.
THE CEAIRi~LAN: It's a separate consideration.
I~R. TEEHT, ~BUilding ~Spector: I cantt agree it makes that
much difference.
t~R. BERGEN: I approve a one face sign. the other side would
be facing the A. &.Po
MR. ~E: At 20 Feet back you wontt see it From theeast. I
den~t think, you w$11 notice it at 20 Feet back.
2. TERRY, Building inspector:
use double Faced signs.
It's a bad corner.
Tau will see it. Other places
Everyone watching For traffic.
MR. HULS~E: No one loo~ at signs any mere.
I~R. TERR. T, Building Inspector: Ye have been preparing a court
case on the sign, and Finally came around to relocating it. The
original' sig~u was about three times the size of the one that is
there now.
THE CHAIRNA~: T~hen was it replaced$
MR. TEPd~Y, Building Inspector: When we started the court case
against outdoor advertising signs. They took down the big sign and
put up the smaller one. They have been paying rent to KopF but it
is not on his property.
T~ CHAIRMAN: It looks like it is only about Four Feet From
the corner~ Bob knows that area better than any of the rest of us.
It's possible that someone coming around that corner could be
caught by that sign. I would not feel that way~vselF.
MR. TERRY, Building inspector: IF they come aro~ud Bomud
Avenue they would be looking that way.
MR. H~d~E: Even with a double Faced sign, I don~t think you
would see itl
THE CHA!R~: i assume it is not For us to determine whether
it is a single or double Faced sign because there are other double
Faced signs.
THE CHAIR~L~N: Does anyone else wish to speak on thio applica-
tion, ~for or against~?
(There was no response.)
-9-
After investigation and inspection the Board finds that the
applicant requests permission to relocate and replace off premises
directional sign and area identificatio~ sign, 6 ft. x 12 Ft., to
be used by four (4) separate businesses; location of property-
north side of New Suffolk Avenue and east side of Main Road,
Mattituck, New York. be Board Finds that the applicant wishes te
use a double faced sign. The sign has Fo~r panels, each advertising
separate businesses in New Suffolk. ~ach of the businesses is in
~he category of tourist attractions.
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 t*~. Bergen, seconded by ~. Hulse, it was
RE~OLVED Galley Ho Restaurant & North Fork Marina-& ~hipyard,
Iuc., Main Street, New ~uffolk, New York, be GRANteD permission to
relocate and replace off premises directional sign and area identifi-
cation sign, 6 ft. x 12 ft., to be used by four (4) separate
businesses on land' of R. C~ Kopf, north side of New ~uffolk Avenue
and east side of Main Road, Mattituck, New York, subject to the
following condition:
That the sign be located at least Five ~eet from the New
~uf£olk Avenue property line, and 20 Feet from the property line
of ~iain Road and New ~uffolk Avenue, northeast corner of the inter-
section.
Vote of the Board:
Doyen.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
PUBLIC HEARING: Appeal No. 1377 - 8:30 P.M. (E~D.S.T.), upon
application of Fr~uk ~tarzee, Youngs Avenue, Mattituck, New. York,
for a variance in accordance with the Zoning Ordinance, A~ticle TIt,
~ection 304, for permission to erect accessory building in front~
yard area. Location of property: north side of YounEs Avenue,
Mattituck, New York, bounded north by Mark Road (Deer Park Sub-
division), east by R. 2~azgulski, south by Toungs~Avenue, west by
H. A. Fisher. Fee paid $5.00.
The Chairman opened the hearing by reading the application for
a variance, legal netice of hearing, affidavit attesting to its
publication in the official newspapers, and notice to the applicant~
An Amendment was made to this application, adding Section 309.
THE CHAIFJ~: Is it agreeable to amend this application?
M~. STARZEE: Yes.
(The Board members discussed the sketch.)
THE CHA~J~: Ks there anyone present who wishes to speak
for this application?
~. ~TARZEE: I don~t want a garage attached to the house
because my hobby is building up cars for shows, amd I don~t want
to keep the kids up - I have two boys - while i work.in the garage.
I have an exit on Youngs Avenue.
~P~. ~TARZEE:
Road.
were told we could not come in from Mark
~ CEASe: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that the
applicant requests permission to erect accessory building in front
yard area on property located north side of Toungs Avenue, Mattituck,
New York. Applicant wishes to build a detached garage at the rear
of his home. The Board finds that a n~w public road has been built
at the rear of the applicantts property making a second front yard,
which makes it impossible to meet the setback requirements with such
an accessory building. The Beard feels that applicant should not be
penalized because a road was put in there.
The Bomrd 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 0rdins~ce.
On motion by ~fr. Hulse, seconded by Mr. Bergen, it was
RE~OL~ Frank ttarz~e, To,mugs Avenue, ~w~ttituck, New York,
be GRANTED permission to erect accessory building in front yard
area on property located north side of Youngs Avenue, subject to
the following condition:
1. ~nat the garage be located at least 20 feet fromM ark Road
in the backyard area as determined by the original fro~t yard,
which was on Youngs Avenue.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
~oyen.
-ll-
PUBLiC HEARING: Appeal No. 1375 - 8:45 P.!~. (E.D.~.T.), upon
application of John T. Reeve, Bray Avenue, Mattituck, New. York, for
a variance in accordance with the Zoning O~din~nce~ Article III,
Section 304~ for permission to construct new one family dwelling
with reduced front yard setback. Location of property: south sade
of Bennett I s Pond Lane, got # 6 of ~ Subdivis ion Eap ~Bennett I s Pond",
Mattituck, New York. Fee paid $5.00.
The Chairman opened the hearing by reading the application for
a variance, legal notice of hearing, affidavit attesting to its
publication in the official n~wspapers, and notice to the applicant.
THE CHAIR~: Is there anyone present who wishes to speak for
this applicat ion?
E. JOHN T~ RE~VE: I am the sole owner of the property and I
_~eel that the stated reasons necessitate a variance of 35 feet.
THE CHAI~L~: This property is owned and developed by James F.
and john T., but this lot is yours? Do you own some of them~jointly?
E. REEVE: We own all jointly except ~or that one. I will
occupy it~ k~e are planning on hav~ug a recreation area in ~the base-
mont. I would be very apt to be suspicious of tides.
i~. HUI~E: You are 27 feet back.
Th~ CPIAIRI~N: You had to put a turn-around in?
MR. REEVE: Ye s.
THE CHAIRMAN: It will only service your own lot, won't it?
· MR. EEE~: That's why we had to have it, to service that lot.
THE CHAIRM~: Is there anyone present who wishes to speak
agains~ this. application?
(There was no response.)
.After investigation a~.~ inspection the Board finds that the
applicant requests permissz nte construct new one family dwelling
with reduced fre~t yard setback located south side of Bennett~s
Pond Lane, Mattituck, New York. The findings of the Board are
that' due to the topography a hardship exists and granting the
application will not change the character of this area. To
modify the front yard restriction, the house will be located at the
end of a dead-end road.
-12-
The Board finds that strict application o£ the Ordinance would
produce practical difficulties or unnecessary hardship; the
hardship created is ~nique 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 mot change the character of
the neighborhood, and will observe the spirit of the Ordinance.
On motion by F~. Hulse, seconded by N~. Bergen., it was
_w~OLVED-John T. Reeve, Bray Avenue, Mattituok~ New York, be
G~AN~ permission to construct new one Family dwelling with reduced
front yard~ setback located south side of Bennett's Pond Lane, Lot ~ 6
of Subdivision Map f~ennett~s Pond~, Mattituck, N. ~. as~applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hutse,
Doyen.
PUBT. TC HEARING: Appeal No. 1376 - 9:00 P.M. (E,D.~.T.), upon
application of Harold W. Maher, Mill Creek Drive, ~outhold, .New
York, for a variance in accordance with the Zoning Ordinance,
Article _vii, ~ection 300 - 6, and ~ection 309, for permission to
locate accessory building in front ~nd side yard a~ea. Location of
property: south 'side of Mill Creek Drive, '~outhOld, New York,
bounded north by Mill Ureek Drive, east by Robert Auld, south by
Mill Creek, west by Meadow Lane. Fee paid $5.00.
The Chairman opened the hearing by reading the application For
a variance, legal notice cf hearing, affidavit attesting to its
publication in the official newspapers, and notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak for
this application?
MR. CHE~TER 0HLOSKI: Yes, I am acting for Mr. Maher.
THE CEAIRI~j~: T~nis was under consideration in 1966 when the
ho~se was moved. It was under one ownership. ~t seemed at the time
that th_is 'was the best solution. (The Chairman read from Minutes
of~ January 1967)... ~0n January %,. 1967- Appeal No. 1017, the Board
finds that the applicant requests from 3%~feet to 1% feet. The
Board notes that the plot is an unusUally odd shape. W~lliam ~mith
acting for R. Auld. Approved.e This is for the purpose of a
garage that was proposed ~u 19~7. i think the way the sketch was
drawn is not the way the house is to be located.
1~. TE~Y, Building Inspector: It's not far off from parallel
to Meadow Lane.
THE CHAIRI~N:
it 20 feet?
MR. 0RLOSEI:
TEE CHAIP~AN
shaped plot.
MR. ORLOSKI: The driveway r~s towards the house. Z will
keep the house~ parallel to the line that shows, 20 ft. to 25 ft.
The sketch do~ not help. Yon can keep
Yes.
3 feet from the side yard. It's an odd
THE CEAIR~: IS there anyone present who wishes to speak
against this. apPlication?
(There was no response.)
After investigation s~ud inspection the Board finds that the
applicant requests permission to locate acces~oz?y building in
front and side yard area located South Side of Mill Creek Drive,
~outhOld, New York. The Board finds that it is in agreement with
the reasoning of the applicant and also with that action taken in
connection with this property on January 19, 1967- ApPeal No. 1017.
On motion by Ism. Bergen, seconded by ~. Hulse, it was
RE~OLVED HarOld ~, Maher, Mill Creek Drive, ~outhold, New York,
be GRA~TED permission .to locate accessory building in front and side
yard ar~a.on property located south side of Mill Creek Drive,
~outhold, New York, bounded north by Mill creek Drtve~ east by
Robert Auld, south by Mill Creek, west by ~leadow.Lane.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
PUBLZC HEARING: Appeal No. 1378- 9:1% P~Mo (E.D.~.T.), uPon
application of~tephen.& Linda Hart~an, Little Peconic ROad, CutChogue
New york, for a variance in accordance with the Zoning Ordinance,
Article III, ~ection 300, Subsection 6, and ~eCt!on 309, for per-
mission to.locate accessory building ~ front yard area. Location
of property: south side of Little Peconic Bay Road, Map off, Nassau
Point Properties' Lot ~s 2~l& 2~2.. Cutchogue, New York, bounded
north by Little Peconic Bay Read, east by O~Keefe, south by
Wunneweta Pond, west by Anderson. Fee paid $%.00.
The ~Chairman opened the hearing by reading the application for
a variance, legal notice of hearing, affidavit attesting to its
publication in the official newspapers, ~ud notice to the applicant.
(The Chairman noted that the application had net been s.gned or
notarized. M~r. Hartman signed the application.)
THE CHAIR~IAN: Let ~the records show that five people witnessed
Hartman~s signature; four members of the Board.
THE C~w~AIRM~N: is there anyone present who wishes to speak for
this application?
MR. ~TEPHEN HART~: The only thing I can say is' that it is the
only spot we can come up with that will be unobtrusive. If it were
down where the Zoning Ordinance would allow it to be, it would create
an obstruction.
THE CHAIR~N: The top of this building would be lower than
road level? Are the measurements l0 ft. x l0 ft.?
FA~. HA~RTMAN: I think the top of the build~ug is 6~ ft. It
has eaves so it would be 10~ ft. x ll ft. It is a steel building
from ~ears.
THE CHAIRFa~N: I donlt think you could make it a condition
but it would be awfully nice if you got dark green paint and planted
it in with shrubbery. Thatts my suggestion.
NE. HARTN~': I will paint the roof which will be the only thing
that would be visible. By the time I put it up I will have enough
scratches to cover.
~. H~: Does it have sliding doors? Thatls what goes first.
THE CHAIRF~N: Is it about 30 gauge?
~R. HARTP~N: it's corrugated steel.
I hope it~ holds UP.
It's a beautiful building.
THE CHAIRMAN: The point of why we are here is. whether he can
put it there. There are quite a few buildings in the front yard
area in Nassau Point. In fact, quite a few houses down there have
accessory buildings. I~would think the Board could consider this
favorably in view of the location. ~nis is an unusual situation
topographically. I think the drop-off must be about 12 feet.
~. HARTM~N: ~et~ve a horrible time with television reception.
THE CHAIRN~N: How far is this from the highway?
~. TEEEY, Building inspector: About 20 feet from the property
line.
THE CHAIRMAN: I think the applicant's reasoning is correct.
MR. HA~RTi~: I checked ~th my neighbors.
After investigation and inspection the Board finds that
applicant requests permission to locate accessory building in
front yard area. Location of property: south side of Little
?econic Bay Road, Map of Nassau Point Properties, Lot #~s 2~1 &
242, Cutchogue, New ]Jerk. The Board agrees with the reasoning
of the applicant that this will be well hidden from the road
even though it is in a Front yard area. Also, a number of
adjoin-lng properties in Nassau Point have accessory buildingsl
in front yards.
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 eF this property and in the same
use district; and the variance will not change the character o£
the neig~hborhood, and will observe the spirit of the Ordinance.
THEREFORE, RE~OLVED Stephen & Linda Ha~tman, L~ttle Peconic
Bay Road, Uutchogue, ~New York, be GRANTED~ permission to locate
accessory building in front yard area on.property located south
side of Little Peconic Bay Road, Cutchogue, New York., subject to
the following conditions:
1. The accessory building must be no larger than 12 ft. x
12 ft. x 6 ft. 6 in.
2. This action is not to take effect ~ntil ~. Hartman~s
signature has been notarized.
Ayes:-
Vote of the Board: Messrs: Gillispie, Bergen, Hulse~ Doyen.
On motion by Mr. Gillispie, seconded by ~Lv. Bergen, it was
RF~OLVED that the Minutes of the Southold Town Board o~ Appeals
dated October l, 1970, be approved as submitted, subject to minor
corre ct fen.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
On motion by i~. Hulse, seconded by ~. Doyen, it was
RE~0LVED that ~ign Renewals ~2) be approved as submitted.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen~ Hulse,
Doyen.
On motion by ~ro Bergen, seconded by Mr. GilliSpie, it was
RE~OLVED that the~ next regular~ meeting of the Southold Town
Board of Appeals will be held at ?:30 P.M., ~nurSday, November 12,
1970, at the To~-~ Office, Main Road, Southold, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
On motion by ~lr. Hulse, seconded by F~. Gillispie, it was
RF~0LVED that the~ Southold Town Board of Appeals set 7:30
P.M. (E.D.~.T.), Thursday, November 12, !970, at the Town Office,
Main Road, ~outhold, New York, as the time and place o£ hearing
upon ~pplication of Herbert A. & ~Iargaret J. Fisher, 245 Youngs
A~enue, Mattituck, New York, for a variance in accordance with
the Zoning Ordins~ace, Article iZI, ~ection 300, Subsection 6, and
Article Iii, Section 309, for permission to locate accessory
building in Front yard area. Location of property: north s~de of
Youngs Avenue, Mattituck, New York, bounded north by Deer Park
Subdivision, east by Barbara T. ~tarzee, south by Youngs Avenue,
west by Harry Tuthlll.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
On motion by ~. Bergen, seconded by ~. Hulse, it was
RF~VED that the ~outhoId Town Board of 'Appeals set 7:4~5
P.M. (E.~.T.), 'Thursday, Nove~mber 12, 1970, at the Toi~a Office~
Main Road, ~outhold, New York, as the time and place of hearing
upon application of Harold E. & Alvah B. Goldsmith, Wells Avenue,
~O~thOld, New York, for approval of access over priva~te right-of-
way in accordance with the Btate Of NewYork Town Law, ~ection
280A. Location of property: private right'of-way off north side
of Middle Hoad (CR27~, Peconic, New York, bounded north by
H. & A. Goldsmith, east by Peconic Properties & Henry Reichman,
south by Middle Road (CR27), west by C. Diller & others.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
On motion by Me. Doyen, seconded by l*~. Hulse, it was
HF~OLVED that the ~outhold Town Board of Appeals set 8:00
P.M. (E.S.T.), Thursday, November 12, 1970, at the Town Office
Main Road, Southold, New York as the'time and place of hearing upon
application of Kenneth Schold, Soundview Avenue, $oUthold, New York
a/c SamUel S. ~Cohen, Leston.Drive, Southo~d, New York, for a
variance in accordance with'the Zoning Ordinance, Article III,
~ction 300, Subsection 6, and A~ticle II!, Section 309, for.
permission to locate accessory building in front ya_vd area, Location
of prop6rty: north side Of Leston Drive, Southold, Eew York,_bounded
north by L. I. ~oun~, east by Jeanne C. Lowell, south by Leston
Drive, west by G. R. Goldner.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
On motion by Mr. Gillispie, seconded by l~. Doyen, it was
RE~OLVED that the SouthOld Town Board of Appeals set 8:15
P.M. (E.E.T.), Thursday, November 12, 1970, at the Town Office,
24ain Road, ~outhold, New York as the time and place of hearing
upon application of ~atharine K. Phillips, Bay Avenue, Mattituck,
New York, for a special exception in accordance with the Zoning
Ordinance, Article III, ~ection 300, Subsection 5 (a), for
permission to reinstate use of two (2) family dwelling as a non-
conforming use. Location of property: west side of Bay Aven~e,
Mattituck, New York, bounded north by Ernest ~ilsberg, east by
Bay Avenue, south by J. A. Hallock, west by F. & J. Fumille.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
On motion by ~. Bergen, seconded by M~. Gillispie, it was
I~E~OLVED that th~ ~outh~Id Town Board of Appeals set 8:30
P.M. (E~E.T.}, ThUrsday, November 12, 1970, ~t~the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Edward & ~hirley Pults, 9th & ~iggins ~treet,
Greenport, New York, for a variance in accordance with the Zoning
Ordinance, Article iii, ~ection 303 & 307, and Article X, ~ection
1000A & 1000B, for permission to convert non-conforming building
into one family dwelling with insufficient side yard and lot area.
Location of property: northeast corner of ~iggins & 9th Street,
Greenport, New York, Map No. %48, E. Buel C~orwln, lot ~s ll~12.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
On motion by i~L~. Hulse, seconded by ~. Gillispie, it was
REE~OLVED that the ~outhold~ Town Board o£ Appeals set 8:45
P.M. (E.~.T.~, Thursday, November 12, 1970, at the Town OFfice,
Main Roa~, ~outhold, New York, as the time and place of hearing
upon application of ~alvatore Vfndigni, Gillette Drive, East
Marion, New York, for a variance in accordance with the Zoning
Ordin~uce, Article iii, Section 30?, for permission to construct
addition to existing dwelling with insufficient side yard area.
Location of property: west side of Gillette Drive, ~ast Marion,
New York, ~ubdivision Map of Marion M~or, Lot ~ 19.
Vote of the Board: Ayes:- Messes: Gillispie, Bergen, Hulse,
~oyen.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
~OLVED that the ~outliold To~ Board of Appeals set 9:00
P.M. (E.~.T.), Thursday, November 12, 1970, atthe Town Office,
Main Road, Bouthold, New York, as the time and place of hearing
upon application of Frank Gonzales d/b/a Townsend Manor Inn,
?14 - 726 ~in ~treet, ~reenport, New York, for a special ex-
ception in accordance with the ~Zoning 0rdin~nce, &rt~icle Iii,
~ection 300, ~ubsection 10, for permission to erect an of F-~premises
directional sign. Location of propelty: land of ~udrew Cassidy,
south side of Main Road, Greenport, New York, boUnded north by
Main Road, east by Dri-Gen Realty Corp., south by L. !. Railroad,
west by Fleet Lumber ComA0any.
Vote of the Board: ~.yes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
On motion by M~. ~)oyen, seconded by Mr. Hulse, it was
RESOLVED that the ~outhold Town Board of'Appeals set 9:15
P.M. (E.~.T.), Thursday, NoVe~oer 12, 1970, at the Town Office,
~lain Road, Eouthold, New York, as the ti~me and place of hearing
upon application of Leo ~ternlicht, Jr., Route ~8, Riverhead,
New York, for a special exception in accordance with the Zoning
Ordinance, Article IV, ~ection 400, Bubsection l, and Article
Iv A, Section ~20, Bubsection 2 (d), for permission to use
p~emises For new and used car lot.~ LOcation of property:
north side of Main Road (Route 25), Greenpo~t, New York, boended
north by land ef the Village of Greenport, east by Fred Hulse,
south by Main Road (Route 2~), west by land now or formerly
of Jester & Benjamin.
Vote of the Board: Ayes:- ~essrs: Gillispie, Bergen, Hulse,
!)oyen.
~ motion by N~. Doyen, seconded by.~lr. Hulse, it was
R?~rJ~VED that the Southold Tov~n Board of Appeals set 9:30
P.M, (E.$.T.),-Thursday, November 12, 1970, at the Town Office,
Main Read, ~outhold, New York, as the t~me and place of hearing
upon application of Emithtownts Hi-Signs, inc., 564 Jericho
Turnpike, tmithtown, New York, for a special exception in
accordance with the Zoning Ordinance, Article IV, ~ectlon 409
for Permission to erect on premises ground sign with excessive
height and area. LocatiOn of property: south ~ _
s_de o~ Mal~ Road,
Greenport, New York, bounded north y Ma~n Road, east by Brown,
Giovannelli, south by Railroad, west by Gladys Csajko.
Vote of the Boa~d: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
On motion by 1~. Bergen, seconded by ~. Gillispie, it was
RE~"OLVED that the SouthO!d Town Board of Appeals set
P.M. (~.~.T.), Thursday, November 12, 1970, at the Town Office,
Main Road, ~outhold, New York, as the time and place of hearing
upon application of ~mithtown~s Hi-Eigns, Inc., %64 Jericho Turnpike,
~mithtown, New York, for a special exception in accordance with the
Zoning O~dinance, Article IV, ~ection 408 (a), for permission to
erect on premises ground sign with excessive~.height and area.
Location of property: north side of l~ain Road (Route 2%), Green-
port, New York, bounded north by land of the Village of~Greenport,
east by Fred Hulse, south by Main Road (Route 2%), west by land
now or formerly of Jester & Benjamin.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Doyen.
Meeting was adjourned at 10:00 P.M.
Re spe ctfully submitted,
MarJo~ie McDermott, ~ecretary
Southold Town Board of Appeals