HomeMy WebLinkAboutZBA-05/06/1971$outhold Town oar o eals
SOUTHOLD, L. I., N.y. 11971 '
Telephone 765-~660
APPEAL BOARD
MEMBER
Robert W. Gillispi¢, Jr., ChaJrben
R0bert Bergen
Charles Gri~]onis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
MINUTES
SOUTHO~ TO~.T BOA~.D OF
A regular 'meeting of the $outhold Town Board of Appeals was
held at ?:30 P,M., Thursday, May 6, 19?l, at the Town OFfice,
Main Road, ~outhold, New York.
There were present: I~essr~: Robert ~. Gilli.spie, Jr., Chair-
man; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr.
Ab~en~. ~!v o ~erge .~eyen, Jr.
PUB];IC HEAR~G: Appeal No. 1~21 7:30'P.M. (E',D.E.T.), upon
appl'~cation of W-illiam & Evelyn G~nther, ~igsbee Road, Mattituck,
New York, ~or a variance in accordance with the Zoning Ordinance,
~ticle III, ~ction 303, and ~ticle X~ Section 1000A, For
permission:to set o~F lots with ins~ficient frontage. Location
oF property: west side of Marlene ~ane, Mattituok, New York;
bounded north by Albert Biggs, east by M~lene ~ne, south by
G. Moshier, we~t by .~t~tuok Pa~k Prop. ~ubd_vis~on. Fee paid
app Ii c ant.
T~ C~~: The application is accompanied by a survey
of Van-Tuyl d~ted March 2~, 1971 indicating that the premises
unde~ discussion are as described by the aDplicant.
~. B~G~N: -(Referri~ to s~vey) %%at is p~t eF this lot
on the west side bo~uded
~. ~vi GUN~R: ~iattituck P~k Properties. (one
~ neighbors has 6 ~eet and another has ~0 Feet) I have the rest.
This is what they call Mattituck Park ~operties Smbdivision. ItIs
on both sides oF Sigsbe& Road.
~. GU~g~R: These lets were lald out 17~ ft. x 14~ ft.
~hen _r purchased the lots I purchased them as two lots. On
the Deed it says ~ 27 and ~ 28. Now we Find it's considered
to be one lot.
THE CH~LR~: Does anyone else wish to speak for this
app li c at i on?
(There was no ~esponse.)
THE CH~MA2~: Zs there anyone present ~_o wishes to speak
against this. applicat ion?
(There was no response. )
TB~ C~IRM~-: I would like to add that we have granted this
same type of relief on Sigsbee Road before. I would have to
agree with the reasoning of the applicant.
After investigation and inspection the Board finds that the
applicant requests permission to set off lots with insufficient
Frontage. The two adjoining lots numbered 27 and 28 were pur-
chased with the intention that they be used as two separate
parcels to be available to applicant's children if they wished
to settle in the area or if the need arose for financial reasons
during applicant's' retirement it would not be necessary to sell
both lots. Applicant's home adjoins one lot. The overwhelming
~jority off plots are smaller than present zoning requirements.
The neighborhood pre-exists the Ordinance. ~ae Board is in
agreement with the reasoning of the applicant.
T!~e 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 ir~ediate vicinity of this property
and in the same use distrlot; and the variance will not change
the character of the neighborhood and will observe the spirit
of the Ordinance.
On motion by ~w~. Bergen, seconded by Mr. Hulse, it was
RE~OLVED ~Willlam & ~velyn Gunther, Sigsbee Road, Mattituck,
New York,~.be~GkR~2~T~D permission to set off lets with insufficient
frontage located on.the west side of Marleue Lane, ~attituck,
New York, bounded north by ~lbert Biggs, east by Marlene Lane,
south by G. Moshier, west by Mattituck Park Prop. Subdivision,
as applied for.
Vote of the Board: ~yes:- i~essrs: Gillispie, Bergen, Hulse.
l~BLiC HE.~iNG: Appeal No. ~!22 - 7:45 P.M. (W~.D.S.T.),
upon application~ of Gladys W~ilkins, 504 Bay 5th ~treet, West
Islip, New York, for a variance in accordance with the ~o. ning
Ordinance, ~vticle iii, Section 304, for permission to set
off lot with existing dwelling with insufficient front yard
area on proposed new right-of-way. Location of property: north
side Main Road (Route 25), Orient, New York, bounded north by
Stewart Dorman & Ano., east by J. Tuthill & J. Dyer, south by
Main Road, west by Helen E. Gilbert. Fee paid $5.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting to
its p~.blication in the official newspapers, and notice to the
applicant.
For the Record: Correction in description of property:
(bounded north by J. Mackay_c_~ to bounded north by Stuart
Dorman & ~no.).
The Chairman excused himself from this hearing because of
a possible conflict of interest.
~. ~ H~L~E., ~ct~ Chairman, opened the hearing by
reading the application for a variance, legal notice of hearing,
affidavit attesting to its publication in the o~_~cial newspapers,
amd notice to the applicant.
i~. ~i~E: The survey of the premises bears out what has
already been said in this application. Is there anyone present
who wishes to speak in favor of this application?
~. ROBERT W. G!i~iSPIE, I!¢. Fmcs G!adys Wi!kins who is
the applicant in this hearing has been encumbered by a State
~h~ fact that she might
taking which never took into account ~ ~
need 50 £eet for access to her property in Orient. This applica-
tion is to accomplish that access.
l~. HU~: Does anyone else ~sn to speak in favor of this
application?
MRS. Wi~S: I did not realize that Z had to have 50 feet.
They never consultea~u .
~. im~JI~: Is there anyone present who wishes to speak
against this applmcatmon.
(There was no response.)
~. ~GDSE: !~think You people have been penalized by what
the ~tate~has done. There is no other alternative in this matter.
I believe that bei~ back 49 feet from the state Road would cut out
any blind corner, i persouallythi~ relie~ should be granted.
After investigation and inspection the Boa~d finds that the
applicant requests permission to set off lot with existing dwelling
with insufficient front yard area on proposed new right-of-way
located north side of Main Road (Route 25), Orient, New York.
The Board Finds that the taking~ by New York State, of highway
frontage for drainage purposes has created an unusual hardship
by greatly decreasing the applicant's highway frontage available
for public access to the rear acreage. Applicant ~s the owner
of approximately 20 acres on the north side of State Route 25 in
Orient with 318 feet of road frontage consisting of 278 feet in
one section separated by the New York State drainage parcel from
the easterly 40 feet of road frontage. On the 278 feet of road
frontage are two houses. It is proposed to set off, iwnr~ediately
west of the New York State parcel, a strip 50 feet in width by
approximately 175 feet in depth for public highway purposes for
access te the rear acreage. This would reduce the frontage
remaining to the two houses to 228 feet, more or less, and would
place the easterly house ll feet, more or less, fromm the proposed
public highway. The easterly house has a setback From State Route
25 of approximately 49 feet. There is no ether tract in the
immediate vicinity that has been so encumbered by the taking of
land ~or public purposes. The Board is in agreement with the
reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical di£ficulties or unnecessary hardship;
the hardship created is unique m~d 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 tlne spirit
of the Ordinance.
On motion by M~. Grigonis, seconded by IZ~. Bergen, it was
tTE~OLVED G!adys W%]~ins, ~04 Bay 5th Street, West Islip,
New -fork, be GRANTED permission to sst off lot with existing
dwelling with insufficient front yard area on propose~ new
right-of-way located north side of Main Road (Route 25), Orient,
New York, bounded north by Stuart Dorm~n & Ano., east by J. Tuthill
& J. Dyer, south by ~iain Road, west by Helen S. Gilbert.
Vote of the Board: Ayes: t~essrs: Bergen, Grigonis, ?iulse.
POBLiC .R~A~Ri~G: Appeal NO. 1423 - 8:00 P.M. (E.DoS.T.),
upon applicationlof Robert Hansen, 686 Hempstead Blvd., Uniondale,
New York, for a variance in. accordance with the Zoning'Ordinance,
Article III, Section 307, for permission to construct addition
to existing dwelling with insufficient side yard area. Location
of property: east side of Wunnew~tta Road, Subdivision ~p of
Nassau Point Club Properties, Inc., No. 156 Amended Map A, Lot
205, Cutchogue, New York. Fee paid $5.00.
The Chairman opened the he,ring 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 Board discussed the dimensions of Lot ~ 205 and found
in referring to the map that the lot is 285 feet.deep with lll ft.
on Wunneweta Road. The house is not centered and %he proposal is
to attach a garage to the present structure. The house is more
than 100 feet back From Wunneweta Road.)
THE ~HAIFJ~N: Is there anyone present who wishes to speak
for this application?
~R. R~T HANSE. N: i think it would add'to the community.
The people who own the house next door would be facing the north
side so it would not iD~erfere with their property.
TM~. C~MAN: 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 to existing
dwelling with insufficient side yard area located east side of
W%nnewetta Road, Lot 205, Cutchogue, New York. The Board finds
that the existing house and the attached garage would be more
than 100 feet back from~unnewetta Road and that the construction
of the proposed garage would not affect the surrounding area.
Therefore, the Board is in agreement with the reasoning of the
applicant.
The Board Finds that strict application of the Ordinanc8
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 chaD~e
the character of the neighborhood and will observe the spirit
of the Ordinance.
On motion by ~. Gi~lm~P~e, seconded by I~. Bergen, it was
RE~OLVED Robe~ Hawsen, 686 Hempstead Blvd., Uniondale'New
Yo~k, be GRANTED Permission to c~nstruct addition to existing
dWelling with insufficient side yard area located east side of
~Wunnewetta Road, SubdiviSion Map of Nassau Point Club Properties,
inc., No. 1~6 ~mended Map A, Lot 20~, Cutchogue, New York, as
applied for. ~
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse.
PUBLZC ~G: ~.ppeal No. 1424 u 8:1~ Po~. (E.D.S.T.),
upon application of Rudolph & Edna Kombek, 24 Champlin~veuue,
~ast Islip, New Tork, for a special exception in accordance
with the Zoning Ordinance, ~r~icle IZI, Section 300, Subsection
~ (1), for permission to operate existing marina in the ~A~ ~
Residential-Agricultural District with servicing privileges by
new owner. Location of property: east sido of Narrow River Road,
east by Hallock Bay, south by Plainland Realty Corp., west by
Narrow River Road. Fee paid $~.00.
The Chair~.n opened the hearing by reading the application
for a~special exception, legal notice of hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
T~ C~iP~N: The applicant is applying for an existing
marina. ~oning is granted ~or use of land~ not for an znd~v_mual.
You have ~he proper% under option but what you are asking for
is somez~.~ng more than ~ King had there Otherwise the
application would be superfluous.
THE C~F~N: Is there anyone present who wishes to speak
for this application?
~. RL~DODPH KOUBEK: ~e understood that we had to have an
appointment with the Board ~of Appeals.
Tt~ CH~.~I~j~: There werecertain things that i~. ~ing was
allowed to do and others he could not do. The originallapplication
of ~eptember 13~ 1962 by Edwin H. King applied for a special
exception on the ~oning Ordinance, which has been changed since.
This type of resldential marina would be limited to a few boats
if you were applying today. (The Chairman road application dated
· ~eptember lS, 1962). ~t that time we did not have proof that he
owned the property but ~. King produced a Deed which is in the
records. That application was withdrawn and the following year
he applied on I~Iay 3, 1963 for a special exception to reinstate
the 1962 application.
Or~g~nal±y,' ' ~ ~.w King applied for a change of zone~ That was
on Au~ast 28, 1962. However, this application for a change of
zone was denied. Zt is our understandingthat there are no
violations at this~time. ~$e found there was a dispute abomt the
easterly boundary. ~$e tri~d to get the disputing parties to agree.
The matter eventually went to the Supreme Court. The Board of
~ppeals delayed their decision in the hope that the boundary line
could be established4 Trust~es for the estatos, of Nathaniel,
George and Edward Edwards objected to line as established on the
easterly boundary. Considerable evidence was offered by five
subpenaed witnesses. In view of the long delay the Board felt
that a decision should be reaci~ed. The hearing was held on
September ~ 1963. ~t the request of' the Chairman, who owned
property across the way, he disqualified himself and the other
Four merabers voted to GRANT. The~
the hearings to the marina as suc~
on the easterly boundary. The Bog
of ownership of part of the~ prope~
amount of ground, l0 or l~ feet,
. I presume that llLr.~Terry (Building Inspector) told you that
mn order to expand t~e ~acilities you should consult with this
Board: We are talkisg about existing use. We will have to delay
a deczsiQn because t~ere are a number of comDlicated legal points.
I thi~_k the first th~ng to ask yo~ is w~at you propose to do
there.
e was no objection at any of
.. Objections centered primarily
rd acted pending determination
ry. tt was not a substantial
t~R. i<0~BE~: i ~ant ~o. run the m~rina the same as Mr. ~_mnm
did. He has a~cottage which he rented an~ he has buildings.
already established. We would like to have a machine that sells
Coca-Cola, ma~oe some ice, an~ maybe gasoline but not in a
commercial way. i would not advertise it For people to come
in For gas. It would just be for people ~o iuave their boats
moored there. I would make some i~provew~ents.
Ttl~ C~IP~: Do i understand that you Want to remove the
old barge?
~. KOUB~K: Yes. It's an eyesore, and in bad shape.
Ti~ CHAiRI~N: Would you propose to conduct this as a marina
for local residents?[
w :
~MR. KOUBEK: I ould not advertis it for transients.
T~ CHAIRI~: Ton have no intentzon of enlarging it?
~. KOU~K~ I ~ouid be limited by space. If he has 7~ boats
there now, that.s all I could get in.
TB~ CHAIRI~N: I think one thing that would be prohibited
would~be party boats and commercial Fishing boats, products, parts,
outdoor motors, etc.
~L~. tq0UBEI~: I would like to have sodas for when people are
thirsty, and maybe some gasoline f:or the sake of accomodation. Z
would not wan.t a cutup, i a~ building a .house in Cutchogue and this
would be somevhin-g for me to do. i migh5 have someone at the
marina but I would, also run back and forth myself.
T~C~L~iRI~N: ~e are not going to make a decision tonmgn~
because there are several legal points iu doubt. We have had a
letter From a couple of local residents opposing the do~mzoning
-8-
~signed Mary Haldane Chao~an)
of the private marina of~.~ King (signed A. Nelson Chapmafl~.
I would have to say that ~private~ is misapplied, it was public
in 1963. is there anyone.present.who wishes to ask any questions?
~. LORRAIh~ TE~RY: Regarding the removal of the barge,
what would you replace it with?
MR. KOUBEK: I would remove the barge and maybe put in floats
which would take up the same amount of space.
I~R. DOUG/~ ROBERT~: I think Orient needs the present facility
and I would speak for a continuation of the present facility.
THE ~HA~MAN. The nearzng was scheduled this way because of
the expansion of the facilities, t believe that 1~. Terry thought
the removal of the barge was expansion but that has been explained..
I have had several telephone calls from people in Orient telling
me that you would install a gasoline pump for boats. It would
seem that that ~ight be necessary for a marina.
~R. WILLIA~TERRY: t~ question would be on essential services,
lavatories and sewers.
THE CtiAiRF~%_N: That is one of the things that has not been
brought up. I have not seen the ~head~ law, and the size of the
boats it applies to.
~. Wi~L-~TERRY~ ~ don~t think we could possibly have a
lavatory on land as well as on boats.
THE CMAIF.~I~I: I don~t believe the Board of Health would
approve.
GERTRUDE REE~: There are two lavatories there now.
THE CHAI~I~N: We will postpone decision on this matter until
we can go over varloms legal angles. If it is favorable there
would be restrictions and we might restrict it to a term of a
year so we can re-examine it. ~nere someone has been given a
special exception and violates it, we rescind. Tha~ you for
coming in.
motion by ~. Gillispie, seconded by ~. Bergen, it was
RESOLVED to postpone decision on ~ppeal No. l!12k.
Vote of the Board: Ayes:- 15essrs: Gillispie, Bergen, Hulse.
PUBLIC HE.~RING: Appeal No. 142~ - 8:30 P.M. ('E.D.S.T.)
upon application of S. & E. Realty Company - Southold.Properties
Corp., 233 West Merrick Road, Valley Stream, New York, for a
variance in accordance with the 5oning Ordinance, ~rticle
Section 402, for permission to erect water tower (accessory
structure) with height in excess of ~O'feet. Location of
property:~north side of ~ain Eoad, C~tchogue, New York,
bounded north by Ralph W. Sterling Estate, east by New Tork
Telephone Co., south by.Main Read, west by Ralph W. Sterling
Estate. Fee paid ~.00.
The Chairman opened the hearing by readingthe application
for a variance, legal notice of hearing, affidavit attesting
to its publication in the official newspapers, and notice to the
applicant.
THE CHAIRI~N: is there anyone present who wishes to speak
for this application?
FA~. N~Ti~ SEROT~: We do extend in excess of 50 feet.
T~ CHaIRliftS: What ~s your connection With S. ~ ~. Eaalty?
1~. ~OT~: I am the cons~_uczzon engineer.'w '' The tower
would be 69 ft..lO~!, 28 feet across the top, with a. capacity of
79,000 gallons. Wo are trying toget approval on this because
it isa safety valve. We are also trying to get Town water but
in such case that we do~t we would like to get this tower, if
we get Town water we would not need this tower. Zt could be
done w~tn pressure tanks but it would be a lot more expensive
THE CHAiR~: With a pressure tank you are subject to the
vagaries of electricity. This way you would have permanent
pressure.
~.~OTA:
pressure,
We want gravity pressure rather than pump
THE
standpoint.
This is most feasible from an engineering
~. S~ROTA: For fire service as well.
THE CHAiRI~N: You would have difficulty covering this
complex with~insurance without the tower.
M~. ~EROT&: ~e most certainly would without the tower and
without a sprinkle~,~the premiums being so high on the lives of
people working there. I4e are going to erect a Hill's Supermarke~
and seven or eight individmal stores and a movie h°use,
Ti~ CHA~N: I might mention that adjoining your property
is an.a~rial~mast which is used for ultra high frequency telephone
comxaunication. What is the b_eight of that mast?
FK4. ~OTA: I thim_k it would exceed 70 feet.
THE CHAI~i~N: Zt seems to me that ~nen that went in we had
to check with the air people.
-10-
~w-~.
250 feet.
There was not any interest in anything under
THE CHAIR~L~: Is there anyone present who wishes to speak
against this.applzcat~on.
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to erect water town (accessory
structure) with height in excess of 50 feet. Location o£ property:
north side ef Main Road, Cutchogue, New York The findings of
the Board are that applicant is going to erect a Hill:s Supermarket,
seven or eight individual stores and a moving picture house~'which
will necessitate fire protection for life, linfo and property and
a water tower will provide adequate protection for applicant's
tenants. The Board is in agreement with the reasoning of the
applicant.
The Board finds that atrict application of the Ordinance
would, produce practical difficulties or unnecessary hardship;
the hardship created is unique abd 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 F~. Gillispie, seconded'by ~. Bergen, it was
P~-~OL~D S. & E. Realty Company - S0uthold Properties Corp.,
23~ West Merrick Road, Valley Stream, New York~ be GRANTE~D per-
mission to erect water tower (accessory structure) withheight
in excess of ~0 feet. Location of property: north side of
Main Road, Cutchogue, New York. Permission is granted subject
to possible PA~ objections.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Huz~e.
PUBLIC HEIRING: Appeal No. 1~26 - 8:45 P.Mo (E.D.S.T.),
upon application, of 01lie 0verton, Main Road, Southold, New
York, for approval of access over private right-of-way iu
accordance with the State of New York Town Law, Section 280A.
Location of property: private ri~ht-of~-way (i~mjor~s Path) off
east side of Horton Lane, Southold, I~ew York, bounded north by
0verton, O~Connor, Co~erford & Kelly, east by 0ffen~heiser, south
by Overton, Fischer & others, west by Horton Lane. Fee paid $~.00.
The ~hairman opened the hearing by reading the application
for approval o£ access, legal notice of hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
T~ CHAIRJ~: is there anyone present who wishes to speak
for this application.
JR.. I am eno of the owners up there
and one of the people who has been doinE the work...
also. The access is coming ~p from Horton~s ~ne.
~hR. O~CO~q~: I live 150 feet up on the north side. We have
access. ~e have been livi~ there For t~ee years.
~. FISC~: ~ property from the uppe~ border is about
200 feet Further on. I don~t ~ow if this would have any ~earing
but i have been in touch with the Telephone Company and they said
that ~they had no problem putting poles in and would come in
without additional charge.
T~ C~~: I am sure you ~ow what the reasoning is,
because of fire emergency vehicles. ~e were up there looking at
it this morning and it looks to me that you have improved it.
~. COlOPhOn: in what way is it going to be changed? It
looks now as thong_ there is an entrance. Major~s Path con, hoots
with a private
T~ C~i~AN: We are not granting access fro~ the whole road
to fur~her~ prdpertie~. Any access we grant would be subject to
approval of the Building InspeCtor.
~. COdifieD: Have you anything that I can look at that
qualifies how access is proposed to be amended? I understand the
P~ann~ng Board ~anted a minor Subdivision and ~they require 50 feet.
TP~ C~N: 50 Feet has been provided in the proposed plan.
~. B~GEN: That doesn't mean it's going to be ha_o top.
~S. i~. ~en we bought the property there we paid ~lO0.00
~ THOrn, S ~LLY: The owner asked if we would contribute
toward the road
~ CP~M~q: In Hiverhead they require blac~op.
!~R~ Co~O~: There Is a question as to whether or not this
is an access read. ~ ~en i~. Offenheiser~s road was built all the
building m~terials were brought uP that road. On the question
Fire apparatus, that's no problem. W~ h~ve been using it for
seven years. Gene ~eveled the ro~d qff ~ith a bulldozer.
T~ C~M: Did you eve~ get ~ega_ s~coess from this Bo~d~
~. CO~~. ~e are not the o~iginal owners.
T~ ~~N: O~r main concern is with getting emergency
vehicles in andmOUt ~p to this p~rcel.
-12-
After investigation and inspection the Board finds that
applicant requests permission for approval of access over private
right-of-way in accordance with the State of ~ew York Towua Law,
Section 280A. Location of property: private right-Of-way
(Fmjor~s Path) off east side of Horton Lane, Southold, New York.
The Board finds that the right-of-way is being improved and widened
so as to meet requirements of access under 280-A of the Town Law
and that this access will serve only a minor subdivision. Upon
inspection o£ the Board it was found that the road will enable
emergency vehicles to get in and out up to this parcel.
The Board finds that strict application of the Ordinance
would, produce practical difficulties or unnecessary hardship;
the hardship created is unique abd would not be shared by all
properties alike in the im~ediate 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 t~ Gal_aspic, seconded by ~. Hulse, it was
RESOL%~D 01lie Ove~ton, l~ain Road, Southold, New York, be
GRANTED approval of access over private right-of-way in
accordance wi~h the Btate of New York Town Law, Section 280A
on property located private right-of-way (Fiajom~s Path) off
east side of Horton Lane, Southold, New York, subject to the
following conditions:
e
AcceSs is granted subject to the approval of the
Buildim~ Inspector.
Access is g~anted up to property of Eugene L. Fischer, Jr.,
and no further.
Vote of the Board:
Ayes:-Messrs: Gil!ispie, Bergen, Hulse.
PUBLIC ~HEAiRiNG: Appeal No. t427 - 9:00 P.M. (E.D.S.T.),
upon applicati0nlof~Th~mas McGunnigle, Middle Road, Cutchogue,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 300, Subsections 4, 6 & 8, for permission to
use existing farm building for welding shop. Location of
property: north side of Middle Road, Cutchogue, New York, bounded
north by W~eelco Prop., Inc., east by ~eelco Prop. Inc., south
by Middle Road, west by J. Simcik-Ficner. 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, and notice to the
applicant.
TH~ GHAIRN~JN: The application was accompanied by a letter
from t~i~. Thomas P. McGunnigle. (The Chairman read the letter.)
Is there anyone present who wishes to speak for this application?
l~q. THON~%S McGUNh~IGIE:
application and the letter.
I think itts all there in the
TH~ C~_~-R~: I guess itt's self-explanatory that what you
hope to do is make a~living by welding. One of the purposes
which were stated in our original public hearings was that it
would assist the transit'ion from farm economy to some others.
I think the Board would be in sympathy with your wanting to
stay where you are and evolve into a welding shop from a farm.
We would have to put a limit on it that there be no employees.
This could be a home occupation if you have no employees. ,Do
you expect to do welding for local people?
~'R. McGUk~IG~: I don:t know if that would be enough.
TH2~ CHAIR}&%N: Z do know that blacksmiths are going out of
business. Blacksmith st~e. ps are not something that youth is
dedicated to so perhaps you would fill a real need. Probably
we could put a two year restriction on it~ and then you could
renew. %ou will have to coD_fine the actual welding to the barn.
You can't put up a big welding sign. This is a home occupation.
F~q. McGUNNZGIE: Zf Z don:t get enough work doing other
peoplets welding would it be possible to build things myself?
Could Z put thio~s out on the lawn?
THE CHALR~WL~N: We are just considering for welding, not
for a dealership. ~hatever you de inside the barn is your own
business but nothing is to be put outside. You can advertise
in the newspaper.
~fter investigation and inspection the Board finds that
applicant requests permission to use existing farm building for
weldiD~ shop located north side of Middle Road, Cutchogue, New
York. The Board finds that applicant has the facilities
(a barn which could be used for £arm machinery type welding);
and the qualifications for a self-employed welder having taken
an oxy-act, welding course and also an electric arc welding
course at Farmingdale A. & T., amd having farmed for t.!r~ee years
at which time he did his own repair and welding. ~pplicant has
two acres in a farming area and believes that a welding facility
would be of benefit to the farmers in the area as well as enabling
him to earn a living for his family. The Board agrees with the
reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not change
the character of the neighborhood and will observe the spirit
of the Ordinance.
On motion by ,~. Bergen, seconded by ~. Hulse, it was
~SOLVED Thomas McGunntgle, Middle Road, 'Cutchogue, New
York, be GRANTED permission to use existing farm building for
welding shop located north side of Middle Roads Cutchogue~
New York, subject to the following conditions:
All welding to be coD_fined to interior of barn.
No display of goods outside of the barn.
Size of sign indicating welding done on premises shall
not be larger than 1~t x 2t and shall not be closer
than l0 feet from any property line.
The welding business shall be restricted to applicant,
there shall be no employees.
The application will expire in two years and will be
subject to renewal at that time.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
Completion of application of Albert D. Vogt, 2~k~ Herkimer
Street, North Bellmore, New York (Appeal No. l~ll - public b. earing
9:30 P.M. (E.D.S.T.) April l, 1971), for a variance in accordance
with the Zonir~ Ordinance, A~ticle~-Ii, Section 303, and ~ticle
X, Section 1000A, for permission to set off lot with less than
100 ft. frontage. Location of property: west side of private
road (Truman Path), East ~[arion, New York~ bounded north by
Frank Eneip, east.by Truman Path, south by E. Ketcham, west by
Marion Lake.
T-~ CI~W: We are in general agreement with your reasoning
except that we want you to provide a little more sideyard. The
ordinance requires l0 feet and l~ feet. This lot (referring to
sketch) should, have another 7 feet.
(The Board discussed with ~. Vogt means of providing the
sideyards required.)
After investigation and inspection the Board finds that
applicant re~3ests permission to set off lot with less than 100 ft.
frontage located west side of private road (Truman Path), East
Marion, New York. The Board finds that applicant wishes to sell
his existing house and build a new one and that most of the other
parcels in the area have been divided. The Board is in general
agreement with the applicant providing applicant provides required
sideyards.
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 I~r. Hulse, seconded by._w~. Bergen, it was
RESOLVED Albert D. Vogt, 2~4 Herkimer Street, North Bellmore,
New York, be GR~NT~D permission to set off lot with less than
100 foot frontage located west side ef private road (Truman Path)
East Marion, New York, subject te the following conditions:
me
That a sideyard of l0 feet be provided on the no~th
side of house.'
That a sideyard of l~ feet be provided on the ao~th
side of house.
3. That garage have a 10 foot sideyard.
Vote of the Board: Ayes:- Messrs: Giiiispie, Bergen, Hulse.
On motion by ~. Gillispie, seconded by ~. Bergen, it was
RESOLV~D that'aCt~on taken on Appeal No. 1412 (public hearing-
April l~, 1971) on Estate of Genevieve Albertson, Main ~treet,
Southold, New York, be confirmed.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by M~. Bergen, seconded by ~. Hulse, it was
RE~OLVED that the minutes of the Southold Town Board of
Appeals dated April l~, 1971 be approved Subject to correction:
pg. ~-M,S.T. Construction Corp., 260 Jericho Turnpike~ Mineola,
New York.
Vote of the Board:i
Ayes:- Messrs: Gzllz.~pze, Bergen, Hulse.
On motion by ~@. Hutse, secomded by ~. Bergen, it was
RE~OLVED that ti~e next regular meeting of the Southold Town
Board of Appeals wi!! be b_eld at 7:30 P.M., ~Zaursday, May 27,
1971, at the Town Office, Main Road, S0uthoid, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by ~fr. Gillisple, seconded by ~Lr. Bergen, it was
~f~SOlv~-~D that the ~omthold Town Board of Appeals set 7:30
P~M. (E.S.T.), Thursday, May 27,. 1971, at the Town Office, Main
Road, So,~thold,. New York, as the time and place of hearing upon
application of Nelson ~, 346 ~gest Islip Blvd., ~gest !slip,
New York a/c Fred Yoarges, Deer Drive and Cindy ~a~ne, Mattitmck,
New YOrk~ for .a variance in.aCcordance with the ~onimg Ordinance,
A~ticle III, Section 300, ~ubsection 6, and ~rtic~!e Iii, Section
309, for.permission to locate accessory structure (swimming pool)
in sideyard area. Location of property: Deer Drive and Cindy Lane,
Subdivision Map of Deer Park, Lot No. 6, Mattituck, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by 2~. Bergen, seconded by Mro Gillispie, it was
RE~OLVED that the So~tho!d To~ Board of Appeals set
P.M. ~EoS.T.), Thursday~ May 27, 1971, at the Town Office, Main
Hoad, ~o~thold, New York, as the time and place o£ hearing ~pon
application of ~rmando Cappa d/b/a The Barge Restaurant, Main
Road, ~outhold, New York, for a special exception in accordance
with the ~oning Ordinance, A~ticle ~ii, Section 300, ~bseotion
10, for permission to erect an off-premises directional sign.
Location of property: land of Joseph Erukowski, south side of
Main Road, ~outhold, New York, bounded north by Main Road, east
by Beixedon Estates Subdivision, south by Beixedon Estates
Subdivision, west by C. Deluccia.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by M~. Hulse, seconded by M_~. Bergen, it was
~WE~OLVED that the Southold Towu Board of Appeals set
P.E. (E.S.To), Thursday, May 27, 1971, at the Town Office, Main
Road, ~outhold, New York, as the time and place of hearing upon
application of irma and Peter Vigues, Naugles Drive, Mattituck,
New York, for a variance in accordance with the ~oning Ordinance,
~ticle iii, SectiOn 303, for permissionto set offf lot with less
than 100 ft. frontage, and for approval of access over private
right-of-way in accordance with New York Town Law, Section 280A.
Location of property: south side of Naugles Drive, Mattituck,
New York, bounded north by Naugles Drive, east by Golz-Suglia,
south by Joseph Leogrande, west byE. Furnoff~ Jr.
Vote of the Board: ~y so- Messrs: Giilispie, Bergen, Hulse.
On motion by I~. Bergen, seconded by ivLv. Hulse, it was
RESOLVED that the ~outhold Town Board of ~ppeals set
P.M. (~.$.T.), Thursday, May 27, 19?l, at the Town Office, Main
Road, ~Southold, New York, as the time and place of hearing
upon application of ~rnold Behrer, 7 Barnes r~ane, Garden City,
New York a/c Sarah Be~er, Nassau Point Road, Cutchogue, New
York, for a variance in accordance with the Zoning Ordinance,
~rticle III, ~ction 300, Subsection 6, and J~rticle IZI, Section
30~, for permission to locate accessory building in front yard
area. ~ocation o£ property: east side of Nassau Point Road,
Subdivision Map of ~assau Point Properties, Lot No. 76,
Cutchogue, New York°
Vote of the Board: ~yes:- Messrs: Giilispie, Bergen, Piulse.
On motion by ~. Gillispie, seconded by I~. Hulse, it was
RESOL-~ED that the Southold Town Board of Appeals set 8:30
P.M. (E.S.T.), T~hursday, May 27, 1971, at the Town Office, Main
Road, ~Southold,. New York, as the time~ and place of hearing
upon application of Rmth S. Bailey, Broadwaters Road, Nassau
Point, Cutchogue, New Yor~, for a variance in accordance with
the Zoning Ordinance, ~rticle iii, Section 307, and Article X,
Section 1000B, For permission to.convert existing accessory
building into private one family dwelling with less than 8~0
sq. ft. of living area and with less than required sideyard
area. Location of property: west side of Broadwaters Road,
Subdivision Map of Nassau Point Properties, part of lot no. 26~
& part of lot no. 266, Cutchogue, New York.
Vote of the Board: Ayes:- Messrs: ~zl_mspze, Bergen, Hmlse.
On ~otion by ~. Bergen, seconded by ~Lr. Gillispie, it was
R~SOL~fED that the ~outhold Town Bo&rd of Appeals set 8:4~ P.M.
(E.S.T.), Thursday, May 27, 1971, at the Town Office, Main Road,
Bouthold, New York, as the time and place of hearing upon
application of Roy Duryea & Stanley Guzauskas, 493 Baldwin ~venue,
Baldwin, New York~ for a variance in accordanc~ with the Zoning
Ordinance, Article Iii, Section ~06, for permission to erect
private one £a~ily dwelling with reduced frontyard setback.
Location of property: southwest corner of Cleaves Point Road and
~ast Gillette Drive, Subdivision Map of Marion Manor, Lot No. l,
East Marion, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
The Meeting was adjourned at ll:!~ P.M.