HomeMy WebLinkAboutZBA-05/27/1971 APPEAL BOARD
ME'~BER
Robert W. Gillispi¢, Jr., Chairman
Robert Bergen
Charles Grigonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 119~1
Telephone 765-26~0
MINUTES
3~;THOLD TOWN BOARD OF APPEAL~
May 27, 1971
A regulsm meeting of the Southold Town Bosmd of Appsals was
held at 7:30 P.M., Thumsday, May 27, 1971, at the Town Office,
Main Road, Southold, New York.
There were present: Messrs: Robert W. Gtllispie, Jr., Chairman;
Robert Bergen, ~ed Hulse, Jr.; Charles Grigonis, Jr.
Absent: Serge Doyen, Jr.
kuMLIO HEARING: Appeal No. 1~29 - 7:30 P.M. (E.S.T.), upon
application of Nelson LTD, 346 West Isllp Blvd., West Islip, New
York a/c Fred Yoerges, Deer Drive and Cindy Lane, Mattituck,
New York, for a variance in accordance with the Zoning Ordinance,
A~ticle III, Section 300, -~ubsection 6, and A~ticle III, Section
309, for permission to locate accessory structure (swimming
pool) in sideyard ames. Location of property: Deer Drive and
Cindy Lane, ~ubdivision Map of Deer Pamk, Lot No. 6, Mattituck,
New York. Fee paid $5.00.
The Chairman opened the hemming by reading the application
fo~ a vmmiance, legal notice of hearing, affidavit attesting to
its publication in the official newspaper, and notice to the
applicant.
THE CHAIRNAN: Is there anyone present who wishes to speak
for this application?
(There was no response.)
THE CHAIRMAN: Is the~e anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that the
applicant ~equests permission to locate accessory structure
(swimming pool) in sideyard area lo~ted D~e~,D~_ive ~nd Cindy.
Lane, Mattituck, New York. The finn~ngs cz ~ne ~oaru are ~na~
pool will be installed well back of the established setback,
and fenced in. The pool will be nearer to the rear of the
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house enabli~ applicant and his neighbors to maintain privacy.
The Beard finds that strict application of the O~dinance
w~ld produce practical difficulties or unnecessary hardship;
the hardship oreated is unique and would not be sha~ed by all
properties alike in the l~uediate vtoimity of this property amd
in the sa~e use district; and the variance will not change the
character of the neighborhood and will observe the spirit of
the 0~dinance.
On motion b2 Mr. Bergen, seconded by l~v. Grigonis, it was
RE3OLvK~ Nelson IA'D, 346 West Islip Blvd., West Islip, New
York a/c Fred Yoerges, Deer D~tve and 0indy Lane, Mattituok,
New York, be ~L~TED permission to locate acoessoru structure
(swim~i~ pool) in sideyard a~ea on property located at Deer
D~ive and Cindy Lane, l~attituck, New York, as applied for.
Vote of the Beard= A~es=- ~essrs= Gillispie, Bergen, Hulse,
G~igonis.
I~BLIC ~a-- Appeal No. 1~28 - 7:~ P.M. (E.S.T.), upon
application of A~mando Cappa d/b/a The Ba~ge Restaurant, ~ain
Road, ~o~thold, New York, for a special exception in accordance
with the Zenin~ O~di~ance, A~ttcle YII, ~ection 300, ~bsection
10, for pex~aission to erect an off-premises directional sign.
Locatioa of p~op~: la~ ef ~oseph ~k~ski, south si~e of
~tn R~, ~tho~, New Yo~k, housed no~th by ~in Road, east
~ ~edon Estates ~bdivision, s~th
division, west ~ C. ~ocia. Fee paid $%.00.
The Chairman opened the hea~ing by reading the application
for a special exception, legal notice of hea~lng, affidavit
attesting to its publioaticn in the official newspaper, and
notice to the applicant.
T~E C~AIRIA~ =
directional sign.
This application is for a 4 foot by 6 foot
The sign will have to be put on a post; not
THE OHAXRMANt Is the~e anyone present who wishes to speak
for this application?
(There was ne response.)
THE OHA~= Is there anyone present who wishes to speak
against this application?
(~here was no response.)
After investigation and inspection the Board finds that
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applicant requests permission to erect an off-premises directional
sign on land of ~oseph l~ukowski, so~th side of ~n Road,
~thold, New Y~k. T~ findus ef the B~a~d ~e that
will ~tiae ~ ~zee, a ~staur~t on t~ ~ ~in R~,
not dl~eot~ on.R~te 25. ~ ~eat~t la ~et ~ok en the
e~eek ~ont, so~eened by ot~ boat~ds, f~shi~ stations, ets.
~ appli~t p~oposes t~ locate this sign to the west of
Joseph ~k~skit8 B~n, on the s~th side of t~ ~ln Road.
~ application Is signed ~y ~oth the property owne~ a~
T~ Bo~d fi~s t~t t~ public convenience and ~e
Justice will be se~d ~d t~ ~sa~ establis~d or permitted
use of nei~o~ho~ p~ope~ty a~ ~Joinl~ use districts
act be ~ent~ o~ aubst~tial~ l~ed and t~ spirit of
t~ 0~di~noe ~ be obse~d.
~ ~tion ~ ~. G~igenis, seconded bY ~. ~gen, tt was
~0Lv~ ~m~ Cappa ~/a ~ B~ge Restrict,
R~d, S~thold, New Yo~k, be ~ ~ission to e~ect an
~f-p~e~ses ~i~eotio~l sign on ~nd of Joseph ~kowa~,
s~th si~ of ~ln Road, ~tho~, New Yo~k, subJeot to
fell~ eo~itio~ s
1.. ~is per,salon a~ll be subject to all the ~u~a
gove~nt~ si~s.
2. Sign ~ not be p~oed on b~; si~ s~ll be p~oed
on a pos~.
3. Sl~ ~y be e~eoted no olose~ t~n 10 feet to a~
property line.
Vote of the Bo~ds A~s:- Messrst Glllispie, Bergen, ~e,
G~lgonis.
A~.TO BEARXNG~ Appeal No. ILL30 - 8100 P.M. (R.S.T.), upon
New Yo~k, foF a ~lanoo i~ aoco~aanoe ~n ~ ~onx~
~iob ~I, ~otion ~03, fo~ pe~ission to set off lot ~th
less t~n X00 ft. f~entage, ~ fo~ approval of access over
p~lvate ~l~-of-~y in aoo~d~oe ~th New Yo~k T~ ~w,
~otion 25~. ~oatien of p~oper~i south side of
~ive, ~ttituok, New Y~k, b~nded no~th ~ Naugles ~l~, east
by Gols-~glia, s~th by ~oaeph ~o~ande, west ~ E. ~noff, J~.
Fee paid $%.00.
T~e Ohaimaan opened the hea~ing by ~eading the application
for a variance, logaX notice of hea~ing, affidavit attesting to
its publication in the official newspaper, and notice to the
applicant.
TH~ C~AXRI~AN: Is there anyone present who wishes to speak
for this application?
FA~. PETER V~GNES= I have a map of the property. (N~. Vigne
presented the map to the Boaz~ and a discussion followed.)
Tt~ CltAIRNAI~= You own all of this as one piece. On minor
subdivision, this is a matter you take up with the Planning Board.
l~.~. ~ VIG~E3~ ~Paat is our next step then?
T~E CHA]2J~AN: Assuming that permission is g~anted to set
off the lot, you~ next step is to see the Planning Board. On
7anua~y 1st of last yea~ they went to an acre.
This a~ea is not very populated.
T~ CHAIRNAN~ Is there a~one 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
100 foot frontage and fo~ approval of access over private right-
of-way on property located south side of Nangles Drive, Hattituck,
New York. The findings of the Board a~e that applicant is unable
to maintain home and property Because of necessity of moving to
warmer climate, and the variance would facilitate disposal of
property without tmpai~ing the appearance of the ~ea. The B~a~d
finds that this is a reasons~le request and, therefore, agrees
with the ~easoning of the applicant.
On marion ~y ~. Glllispie, seconded By ~i~. Bergen, it was
RE~OLYF~ Y~ma & Peter Vignes, Naugles Drive, Hattituck,
New York, Be GRAI~TED pex~atssion to set off lot with less than
100 ft. frontage~ and for approval of access over private-right-
of-way in accordance with New York To~n Law, Section 280A, on
property located south side of Naugles Drive, Hattituck, New
York°
Vote of the Boa~d~ A~es~- Hessrs: Gillispie, Bergen, Itulse,
Gr lgenis.
A~LIC I~RING~ Appeal No. 1~31 - 8:15 P.M. (E.3.T.), upon
application of Arnold Beheer, 7 B~s ~ne, G~dem Ct~, New Yo~k a/c
3~ Be~e~, Nassau Point Road, Cutchogue, New Yo~k, fc~ a vari-
ance in second,ce ~ the Zont~ ~dinance, ~ticle III, ~otion
paid $5.00.
The Chairman opened the hea~ingby reading the application
for a variance, legal notice of hearing, affidavit attestin~ to
its publication in the official newspaper, and notice to the
applicant.
T~ CHA~?J~AN= We told the applicant that it would not be
necessar~ for him to appear hers tonight. Re would like to have
a double carport with lattice on the sides. Re has a couple of
big trees on the propel-fy about 60 feet from the road so this is
the only useable place for the ca~port and storage.
THE CHAIR14ANI 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 per~ission to locate acoessox~y building in
front yard area on property located east side of Nassau Point
Road. The Board finds that the lot fronts on Nassau Point
Ro~I and backs up on the Bay, and that it is so situated that
this is the only useable place to build the required building.
The existing buildings at the middle area of the lot ~ake it
l~possible to build in the ~earyardarea. The lot is deep
and has its highest part in the o~nter where the dwelling is
located; the front (streetside) slopes up from the highway
leaving only a small area suitable for building. There are
several other dwellings this side of Nassau Point Road which
have thef~ accessory buildings between the road and the main
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 l~v. Bergen, seconded byl~-~. Grigonis, it was
RE30LVED A~nold Beheer, 7 Barnes Lane, Garden City, New
York a/c Sarah Belx~er, Nassau Point Road, Cutohogue, New York,
be ~A~ per~ission to locate accessory building in front
yard area on property located east side of Nassau Point Road,
Cutohogue, New Yo~k, subject to the following conditions:
Accessory building shall be placed no closer than 3 feet to
the southerl~ line of the property, and no closer than 50 feet
from the road.
Vote of the Board= Ayes:- l<easrs: Gillispie, Bergen, ~lse,
Grigonis.
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PUBL_VC I/EAR~I/G: Appeal No. 1~32 - 8:30 P.1/. (E.-~.T.), upon
application of Ruth 3. Bailey, Broadwaters Road, Nassau Point,
0utchogue, New York, for a variance in accordance with the
Zoning O~dinance, Article ITI, ~ection 307, and Article X,
~ectisn X000B, for permission to convert existing accessory
building into private one family dwelling with less than 850
sq. ft. of living area and with less than required sideyard a~ea.
Location of property: west side of Broadwaters Road, ~ubdivision
I/ap of Nassau Point l~operties, part of lot no. 265 & part of
lot no. 266, Outchogue, New York. Fee paid $5.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesti~ to
its publication in the official newspaper, and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
~. RBTH 3. BAILEY= We do have four _~arried children, and
ten grandchildren, and a very small dining room.
THE CHAll~/A~.' ~/e wo~ld be permitted to allow guest accomo-
clarions, without cooking facilities.
1~. BAi'/2~Y: I wo~ld only be interested in a sin~.
THE CHAIRI~AN: Our problem in zoning is that the Ordinance
says one house on one lot. When someone proposes two houses on
a lot the lot has to be divided. What determines our thinking
is whether a second dwelling unit has cooking facilities.
1/RS. BAILEY= I Just want a sink. I have a bathhouse with
showero
THE CI~I~lq~: This would only provide sleeping aooomodations,
no heat in the house. You could not rent it. Those a~e some of
our considerations.
l~R~. RUTH BA~XEY: We dontt intend to use it except for the
family.
T~E OHA~D~A~: Is ~he~e anyone present who is agains~ this
application?
[~e ~as no response.)
~ter investigation and inspection the Bo~d finds
applic~t requests pe~izsion tc c~nve~t existi~ aecesso~
~ui~i~ in~o private one fami~ d~lling ~ith less ~ 8~0 sq.
ft. ef livi~ area and with less than required sidey~d area on
proper~ located west side of Broadwate~s Road, Outcho~e, New
York. ~ fi~i~s of t~ Bo~d ~e that applicant wis~s
use aoaessc~ buildi~ to acco=~ate several ~dchil~en who
visit d~ the su~=. Applicant ~s a y~y dee~ lot - about
~70 feet f~o~ ro~ to water, rent. ~ dweAAx~ aha accesso~
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building are 120 feet apart. The accessory building is an existing
structure. Applicant is not interested in installing cooking
facilities. The Board agrees with the reasoning of the applicant.
The Board finds that strict application of the O~dlnance
would pre~uce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared IU all
properties alike in the ~_mmadiate 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 ~otion by F~. Gillispie, seoonded by Er. Bergen, it was
RF~OLV~v Ruth S. Bailey, 2200 Broadwaters Road, Nassau Point,
Cutchogue, New York, be GRANTED permission to convert existing
accessox~y building into private one family dwelling with less
than $50 sq. ft. of living area and with less than required side-
yard area on property located west side of Broadwaters Road,
Cutohogue, New York, subject to the following conditions:
1. No cooking facilities may be installed.
This accomodatton ~ay never be rented.
There will be no enlargement of the present lmildings
oB the property.
4. At no time will any variance be added to this variance.
Vote of the Board: Ayes:- ~ssrs: Gillispie, Bergen, ~lse,
Grig,mis.
A~BLXC BEAR~G: Appeal No. 1~33 - $.45 P.~. (E.S.T.), upon
Baldwin, New York, for ,
o~ fami~ d~XXi~ with ~educed frenty~d setback. ~cation of
property: s~thwest co,er of Cleaves Point Road ~d East Gillette
~ive, ~divis~on ~ of ~ion~nor, ~$ No. 1, East ~lon,
New Yo~k. Fee paid $~.00.
The Chairman opened the hearing by reading the application for
a variance, legal notice of hea~ing, affidavit attesting to its
publication in the official newspaper, and notice to the applicant.
TBE C~= Ia there anyone present who wishes to speak
for this application?
(Roy Duryea and Stanley Guzauskas indicated that they were
present to speak for the application).
THE CHAIRMAN~ (Referring to application) Is this a correct
statement that part of the lot is under water?
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I~R. DUR~EA= About seven feet is under water. The beach
is cut away.
TBE CEA]I~: This was set ap in the fifties and you have
lost beach since then. Do y~A thi~k you can furnish 50 feet?
I~. ~UZAU3EA~: l~e donlt want to go back as fa~ as 50 feet
from the road. Can we ~ake it 38 feet?
T~E CHA~V~N: Lefts -,,Be it 40 feet.
After investigation and inspection the Board finds that
applicant requests permission to erect private one family dwelling
with reduced frontya~d setback on property located southwest
corner of Cleaves Point Road and East Gillette Drive, East l~a~lon,
New York. The Board finds that this dwelling can not be set
back the average distance of existing dwellings as the lot is
onl~ 154 feet deep and is partiall~ covered with water. The
average setback is 100 feet. The lots that the other dwelXings
are on a~s ~uoh deeper but the existing dwellings a~s not in
line. The Board agrees with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would l~rcduce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared ~y all
properties alike in the l~auediate vicinity of this property and
in the sa~e use district; and the variance will not chan~e the
character of the neighborhood and will observe the spirit of
the Ordinance.
On motion by F~. Hulse, seconded by Mr. Bergen, it was
RF~OLVED Roy Du~yea & 3tanley Guzauskas, 493 Baldwin Avenue,
Baldwin, New York, be ~tAI~TED permission to erect private one
family dwelling with reduced frontya~d setback located southwest
corner of Cleaves Point Road and East Gillette Drive, East
Marion, l~ew York, subject to the following conditions:
That the house to be erected shall be no closer than 40 ft.
to Cleaves Point Road, measured from su~veyerts line to the lot
line established by Cleaves Point Road; no closer than 35 feet
to parking lot which establishes the lot line on the eastern
line of the property; and no closer than 10 feet to the
westerly line.
Vote of the Board: Ayes:- X~essrs: Gillispie, Bergen, I~Alse,
Grigonis.
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Ga motion by 14~. Gillispie, seconded By Mr. Hulse, it was
RE~OLVED that pursuant te 3ection 267 of the T~wn Law a
rehearl~ wiX1 Be held at 8..30 P.1/., Thursda2, June 17, 1971,
at the Tew~ Office, ~ain Road, ~outhold, New York, on Appeal
No. 237 dated Neve~er 12, 19%9, upon application of Peter Y~eh-
successor ih interest- present e~ner David Strong, Ca~p Hiaeola
Road, Nattituok, New York- for special exception in accordance
with Zoning O~dinance, Article III, Section 300, Subsection 3A,
for permission to operate a~ expanded ~ari~a.
Vote of the Boa~d: Ayes.-- Hessrs.. Gillispie, Bergen, ~Alse,
Or lgon is.
On ~otion by Mr. Bergen, seconded by Mr. Gillispie, it was
RESOLVED that the minutes ef the Bo~tholdTownBeard of
Appeals dated May 6, 1971, Be approved as submitted, subject
to
Vote of the Board: Ayes..- Messrs.. Gillispie, Bergen, Hulse,
Grigenls.
On ~otionby Mr. Grigonis, seconded by Hr. l/alee, it was
RE~Y~V~D that the next re~ula~ meeting of the Southold Tc~m
Board of Appeals will be held at 7..30 P.H., Th~sday, June 17,
1971, at the Town Office, l~ln Road, Bouthold, New York.
Vote of the Boa~d: Ayes~- Messrs.. Gillispie, Bergen, ~ulse,
G~lgenis.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals set 7~30
P.H. (E.8.T.), Thursday, June 17, 1971, at the Town Office,
Nain Read, ~thold, New York, as the time and place ef hearing
upoa application of Joseph Giosota, 106 Asharoken Avenue,
Northport, New York, Peter D. Pizzarelli, 20 PinoakLane,
Jams, New York, & Reuben Wecker, 3 youngts Lane, ~etauket,
New Yoek, for approval of access
aceo~dance with the State of New
Locatio~ of property., south side of l~atn Road, East Marion,
New York, bounded north by l~ain Road, east by Vail, south by
0~ient Ha~bor, west by Hukill.
Vote of the Board~ Ayes~- Messrs.. Gillispie, Bergen, Hulse,
Grigonis.
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On motion by lit. Grigonis, seconded by H~. Hulse, it was
RE~OLVED that the Southold Town Board of Appeals set 7:45
P.M. (E.S.T.) T~._~_rsday, ~une 17, 1971, at the ~vn Office,
llain Road, -~outhold, New York, as the ti~e and. place of hearing
upon application of Robert Feaker, Cutchogue, New York, for a
special exception in accordance with the Zoning 0~dinance,
A~ticle III, ~ection 300, ~bsection 5 (d), for perwaission to
establish and operate a riding academ~ and po~y rides. Location
Road (OR 27), Outchogue, New York, bounded north by ~. ~xmoxx
· oolety for the P~opagation of the Faith, east by A. & B.
Pawluczyk, south by Middle Road (0R27), west by Thomas ~halvey.
Vote of the Board-' Ayes:- I/essrs: Gillispie, Bergen, Hulse,
G~igonts.
On motion by lt~. Bergen, seconded by Mr. Gillispie, it was
I~SOLVED that the ~outhold Town Board of Appeals set 8:00
P.I~. (l.3.T.) Thnrsday, JUne 17, 1971, at the Town Office,
Main Road, ~o~thold, New Yo~k, as the time and place of heari~
upon ap~lication of ~alte~ ~isniewskl~ Grand Avers, ~tt~tuck,
New Yerk, for a v~iance tm acco~ce wi~h the Zoni~ ~inance,
~ticle ~, ~ction 305, fo~ pe~mission to construct an
addition to existi~ dwelli~ with ~educed frontya~d setback.
~ation of property: west side of Grand Avenue, ~ttitack,
New Y~k, b~ed no,th ~ He~y Zi~oski, eas~ by Grand Ave~e,
south ~y N. Brusich, west by Ro~t. Ho~elder.
Vote of the Board:- Ayes:- Messrs. Gillispie, Bergen, Hulse,
Gr igonls.
On motion by Itv. Gillispie, seconded by H~. Grigonis, ~t was
RF~OLFgD that the 3outhold To~n Board of Appeals set 8~15
P.M. (E.3.T.) ~rsday, June 17, 1971, at t~ Town Office,
~t~ Road, ~thold, New Yo~k~ as the ti~ and place of hea~l~
upon application of Paul ~s~ch, ~lene ~ne, ~ttitack, New
York, fo~ a v~ianoe in accordance with the Zonin~ ~dinanoe,
~tiole III, ~ction 305, for pe~isslon to construct addition
to extsti~ d~lli~ with =educed frontya~d setback. ~cation of
property: west side of ~lene ~, ~t~ituck, New York, bounded
north by W. ~. ~il, east by ~rlene ~ne, south by ~oe Panni~,
west ~2 ~ttituok Park ~ope~ttes 3ubdivision.
Vote of t~ Bo~d: Ayes:- ~ss~a: Gillispie, Bergen, ~lse,
G~igonis.
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On motion lry Mr. I~lse, seconded by Mr. Bergen, it was
RF~OLVED that the So~thold Town Board of Appeals set 8=30
P.M. (E.3.T.), Thursday, ~une 17, 1971, at the Town Office,
Main Road, Bouthold, New York, as the ti~e and place of hea~ing
upon application of Donald & Viola l~eyer, 115 Ash Street, Westwood,
New ~ersey 0?6?5, for a variance in accordance with the Zonin~
~dinanae, A~ticle III, ~ection 305, for permission to constr~ct
addition to existin~ dwelling with reduced frontyard setbaak.
Looatlon of property: south side of Avenue B, Fishers Island,
New York, bot~nded north by Avenue B, east by ~. ~. Doyen, south
~y D. Gallagher, west 1~ Henry Zabah~nski.
Vote of the Board: Ayes:- Messrs: Gtllispie, Bergen, I~lse,
G~lgonis.
The Meetingwas adJct~ned at 10:40 P.M.
Respectfully submitted,
3outhold To~n Board of ~ppsals
Robe'r~ ~."~XAA~spXe, ~.';'U~rman