HomeMy WebLinkAboutZBA-04/15/1971 Southold Town i o. rd of Appeals
SOUTHOLD, L. I., N.Y. 119~1
Telephone 765-~6t50
APPEAL BOARD
ME'~BER
Robert ~X/. Gillispi¢~ Jr, r Chairman
Robert Bergen
Charles Gri~onis, Jr.
Scr~e Doyen, .Jr.
Fred Huls¢, .Jr.
MINUTES
SOUTHOID TOWN BO~ED~F APPEALS
April 15, 1971
A regular meeting ef the So~held Town Boa~d- of Appeals
was held at 7:30 P.M;, Thursday, April 15, 19?l, at the Town
Offices Main ~oad, ~euthold, New York.
~he~e wer~ present: ~ie~srs: Robert W. Gltlispie, Jr.,
Ghai~man$ Robert Bergen; Gha~les Grigonis,. Jr.; Fred H~lse, Jr.;
Serge Doyen, Jr.
Also present: N~. Howard Te~ry, Building
mp~n applica~ien~eF Phyllis-R. NeeCo, Pecenic Bay ~lv~.,
Mattituck, N. Y.; B.~anley Rayno~, ~ai~ Read~ J~mesp~t,
Velm~ Catrew, Pike.~t~et~, ~t~tuCk, N. T. ~er approval
acce~ eve~ ~r~vate ~igh$~eF-way in accordance with
ef New Teak Te~W, ~ctien 2~0A. ~ecatien ef p~ePe~t~:
p~tva$~e ~i~t-ef-way ~ff se~h si~e ef Pecenic Bay Blvd.,
~u~el, New Ye~k, bounded n~th by PecOnic Bay Blvd., east by
Phyllis R. Mee~e & D. ~tanley E~yne~, se~th~byPhyllis R. Meo~e
& Vel~ Ga~ew, west by Vel~a Cat,ow. Fee
The Ghai~man opened the hearing by reading the application
fe~ approval ef access, legal notice of hezri~g, affidavi$
attesti~ ~e its Dmb!lcatien tn ~he official newspapers, and
notice te ~he apDlieant.
T~ ~~: is the~e auyene p~esent wh~ wishes te sDeak
fe~ this applicztien~
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sent two copies of a formal completed survey to the Board of
Appeals.
THE CMAIR~: The access requested is from Peconic Bay Blvd.,
and what we~are asked for here is access from the. middle lot.
~. ~CKEAM: The access~covers all three lots but we are
concerned ~with She middle lot. The application was made by all
three petitioners.
TEE CHAIRMAN: I think our action should be that access is
for all three ef these lots. There may be a house built on the
fourth lot eventually.
TEE CHAIR~L~N: Is there anyone pre~'ent who wishes to speak
against this~.application? (There was no response.)
After investigation and inspection the Board finds that the
applicants request permission for approval of access over private
right-of-way. The Board finds that the petitioners wish te
provide for al% foot right-of-way along the west side of the
Moore - Raynor premises and the east'side of the Catrow premises;
the right of way being 74 feet on each parcel; and that the road-
way now used by all applicants ~uns along the boundary between
the two parcels and it would be a relatively simple matter to
straighte~ this roadway so that it runs evenly aloo~ the
boundary line and co~erms to' legal requirements.
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 She same use district; and the variance will not change the
character of She neighborhood, and will observe the spirit of
the Ordinance.
'On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
RESOLVED Phyllis R. Moore, Peconic Bay Blvd., MattitUck,
New York;.~D..E~anley E~yn~r, MainRoad, Jamesport, New York;
VelmaCatrow, Pike Street, Mattitdck, New l-ork, be GRANTED
approval over private ' ~
~ rzght-of-~ay as applied for. 'Location of
property: private right-of-way off south side of PecontcBay
Blvd., Y~aurel, New York. This approval ef access is granted
subject~to the following condition:
That it be improved to meet the requirements of the
Building inspector.
Vote ef the Board:- Ayes:- Messrs: Gilltspie, Bergen,
Grigonis, Doyen. ~
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PUBLIC' HEARiNG: APPeal No, 1416 - 7:45 P.M.' (E.D.~.T.),
upon application, of ThQmaS ~hearin, 2670 Stillwater Avenue,~.
Cutchogue, New York, for a variance in accordance with the
Zoning Ordinance, A~ticle III, ~ection 306, for permission'-to
con'struct addition, to existing dwelling with reduced frontyard
setback. Location of property: south side 6f ~tillwater ~venue,
F~p of M. ~. Hand, Lot No~s. 52 and 79, Cutchogue, New York.
Fee paid ~5.00.
The Chairman opened the hearing by reading the application for
a variance, legal uotice of hearing, affidavit attesting to its
publication in the official newspapers, and notice to the applicant.
THE C~N: Is there anyone present who wishes to speak
for this application?
I~R. TH0t~S SHEARiN: ices. ~hearin is here with me but I don~t
think.we have anything to add te what was already stated in.the
appli c at i on.
THE CHAiRi~N: The plot is handicapped by being on an old
circle and ~lso by being narrow and quite heavily weeded. Because
of the circle the present ho~se is 18 feet from the street, and
the extension is about 12 _feet from the street. One ef our
conditions would be that you do not divide the property and sell
off the other lot in the future. ~lso, if you build a garage
you will build it far enough off the highway so that it doesn't
leave the tail-end of a car protruding out of the driveway.
P~eferably, if you do build a garage, have the cars back up on
your own property instead of on the highway.
THE CHAiR~!~N:- Is there anyone present who wishes to speak
agains~ this.application? (There was no response.)
After investigation and inspection the Board f~nds t~hat the
applicant requests permission to construct addition to existing
dwelling with reduced frontya~d setback located south side of
~t~l±wa~er~ 1 ' Avenue, Cutchogue, New York. The ffndings_ Of the
Board are that applicant is~ the owner o£ au irregularly shaped
lot with several frontya~ds, and the Board is in agreement with
the reasonio~ of the applicant.
The Boa~d finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardsh~.
the hardship created is unique and would not be shared by all
properties alike in the im~ediate vicinity of thi~ property and
in the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit
the Ordinance.
~On motion b~ Mr. B~rgen, seconded by Mr. Glllispie, ~t was
EESOLVED Thom~s ~hearin, 26T0 Btillwate~"~venue, Cutchogue,~
New York,-be ~GEAN~ permission to construct addition to existing
dwelling with ~educed frontyard setback, subject to following
eondit ions
1.
At no time in the future will a division ef the let
be permitted.
if the apDlicant builds a garage it will be located
so that cars do not back out on the h~hway and cause
any further congestion ef the street.
That a garage may not approach closer to the street
than the current reduction of 13 feet.
Vote of the Board:
Grigonis, Doyen.
Ayes:- Messrs: Giilispie, Bergen, Hulse,
PUBLIC HEA~RING: Appeal NO. 3~13 - 8:00 P.M. (E~D.~.T.),
upon application.of_M.~.T. Construction COrp., 260.Jericho ~
Turnpike, Mineola, New York, for a variance in accordance with
the Zoning Ordinance, Article III, ~ection 300, ~ubsection 10,
for permission to erect an off_premises real estate sign.
Location of property: southwest corner of Luthers Road and
Stanley Road, Map o£ Sunset Enolls, Section ~, Lot Ne. 17,
Mattituck, New York. Fee paid $5.00.
The Chairman opened the hearim~ by reading the application
for avariance, legal notice of hearing, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
THE CHAIPuMAN: is there anyone present ~no wishes to speak
for th~s application?
MR. ~TEVE TSANTO~: ~ am a principal of the N.S.T. Construc-
tion Oorp. May we request permission to allow this sign_on the
basis that it is a temporary sign with directions to a model house.
Ne have attempted to make the sign attractive and in conformation
with the architecture. We tried not to make it too obtrusive;
just large enough so tha~ it would be visible from Luthers Road.
THE CPL~: (AddressingNr. Terry) Would this sign have
to be moved back?
(i~r. Howard Terry read the requirements for real estate signs.)
THE CHAIEMAJQ'~ ~uis sign is within the size limits but would
have to be_set back.
~. TSANT0~: The owner is not M~. Sledjeski. We don~t have
written permission from the present owner. ~e have ~erbal per-
mission but · think, if it's necessary, we c~n get written
permission.
THE CHAIRi~j~-: Hew long will it take you to get it?
FA~. TSANTOS: & good week or so.
~. HOWARD ~Y, Building Inspector: It would'be subject to
the setback required by real estate signs of 35 feet.
P~. TSANTOS: We will have to move it then.
THE C~IRMAN: You will have to move it back. I suggest we set
two weeks from today, April 29th, as the period ef time when we
shall expect to see a letter giving written permission for this sign.
After investigation and inspection the Board finds that the
applicant requests permission to erect an off premises real estate
sign located southwest corner of Luthers Road and Stanley Road,
Mattituck, New York. The sign is a temporary one giving directions
to a model home and is within the size limitations required for
real estate signs.
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hard-
ship created is uniqu~e 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~v. Bergen, seconded by Pk. Doyen, it was
RESOLVED M.S.T. ConstructiOn Corp., 260 Jericho Turnpike,
Mineola, New York, be GRA~NTED perm_ission to erect temporary off-
premises real estate sign at southwest corner of Luthers Road and
Stanley Road, Map of Sunset Enolls, Section I, Lot No. 17,
Mattituck, New York, subject~to the usual rules and regulations
governing signs in the Town of Southold, and subject to annual
renewal. This permission is granted subject to the following
conditions:
That the sign be moved back 35 Feet from any property line.
That written permission from the landowner be in the hands
of the Board of Appeals no later than April 29, 1971.
Vote of the Board: Ayes:-Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
PUBLIC HEARiNG: Appeal No. 1~I14 - 8:15 P.M. (E.D.S.T.), upon
application .of Andrew E. Goodale, Fourth Street, New Suffolk, New
York, for a variance in accordance with the Zoning Ordinance,
Article III, ~ection 300, Bubsection l, Article III~ ~ection
304, Article III, Section 307, and Article X, Section 1000A and
Section 1000B, for permission to create a second dwelling unit
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on lot with less than~required at'ea. ~ocation or-property: w~st
side of Fourth ~treet, New Euffolk, N~w Tork, bounded north-by
~. ~arp-2[arp, east by Fourth Street~ south by Peconic Bay, west
by G. Hinsch. Fee paid ~o0~, ·
The Chairman opened~the hearing by'reading the application
For a variance, legal not~c~ of hoarier, affidavit attesting to
its publication ia the official nesspapers, aud notice to the
applicant.
THE ~HAIENAN: is there anyone present who wishes to speak
this applic~t!on?
MR. ANDR~ GOODAI~: I am here to speak' for it. I have
stated the~ reascends. ~ It has been in family ownership since 1936.
My ~father-in-law e~iginally bought it. ~y Wife owns it. I
think that it would be a desirable addition, i think the type
of building we would put there would be an enhancement ef the
property' itself and would be a credit to the Town. i think we
would enjoy our property more. There are three children aud
four grandchildren, and we de need additional room.
~R. HUT~E: How big is the lot?
~. GOGDAIE:
165 feet x 125 feet.
Is this upland?
~. GOODAi~: Yes.
THE GHAIRFa~N: ~at was the present structure, originally?
~. GoODAI~:' I~ was originally owned bye. Fitzpatrick;
a garage a~d~kind of summer house. It had an observation deck
up above and stairs going up to it. ~I think he could see ships
coming in. He had a dock extending out, had his own boat, and
sundeck observation.
THE.' CH~tP~MAN: One ef the difficulties that occurs to me is
the distanc$~te~the present structure. In this sketch I donZt
see the location of the present house.
~L~. GOODAIE: The present house is contained in the former
sketch. -
THE CHAIR~N: I will entertain this as being the sketch ef
the extsting.dWel!ing and the proposed accessory building. Tou
have long areas. In front the long area is approximately ll7 ft.
from the proposed accesso~ybuilding, and you have approximately
60 feet between buildings and approximately 2 feet on 4th Btreet.
I~R. GOODA~E: The garage would have overhead type doors and
I don~t think~thsre~would be any encroachment on the street. Z
think there would be sufficient latitude for vehicles to protect
the law that prohibits parking in drivew ys, the provision in
the traffic law that people do net block driveways.
MRo BERGEN: What is the distance between the house and the
back ef the lot?
MR. GOODAI~: This was on the building line when it was placed
there in 1936. Zening at that time did not exist.
THE CHAIRMAN: How ~arge is the present house?
GeOOA E: ft. x 44 ft. It,S a three story building
with exceptionally large rooms. There are rooms in the attic
on the third fleer.
MR. HO~AED TERRT, Building Inspector: The verandah and open
porches make it leek even bigger.
MR. GOODAll,s: They were erected after the house was put up
se it creates a larger appearance. We have had p~rmissien from
the Building Inspector to construct ~he building with the
exception of kitchen privileges, so that is the issue, on the
theory that it would create a second dwelling.
MR. HUY~: Ten have had permission to construct an addition
to the existing building.
THE GHAIRI~: I think the addition would require a variance.
MR. HOWARD TERRT, Building Inspector: What he has is two and
a half stories. He has enough available to meet the requirsments
he wants. ~I think we covered everything that could possibly be
thought ap. ~
THE CHAIRNAN: The purpose is for,. ~asically,~ a guest house.~
~. GO~DAIE:' Yes, it's all part and parcel of the property.
It's for family use, exclusively.
TEE CEAIRNAN: As far as a kitchen is concerned, in my mind,
whether a heuse~is a.heuse or net is determined by whether it has
a kitchen.
~. GOODAY~E:~ We are thinking in terms of a guest he, se.
Te leav~ the.~existin, g structure is not the type ef thing we Want.
We would like tO make it a situation that would justify the
a~dition. It will cost a few dollars to put this up.
THE C~AiR~N: The variance is ~equested under Article X,
Section~ 1000A ~nd l~O0B. (The Chairman read from Article X, ~
Eecti~ns 1000A and 1000B).~ Yen don~t propose to sell it, divide
it er set it off.
ME. B~GEN: If the Board is of the opinion that he can't
have a kitci~en, it~is not a living unit.
THE CHAIRMAN: The Board~is in agreement that there should
not be a kitchen. Sections lO00A & 1000B are not applicable.
MR. GOODAI~: This street ends there and during the past
25 years there has been erosion which has deprived myself and
others of 30 feet or more ef smr~ace. There is new only a concrete
abutment.
THE CHAIRMAN: The Internal Revenue Eervice does not grant to
the people whose banks have washed away on Lake Michigan a deduc-
tion in their income taxes for lomb; and I don~t believe that the
Board of Appeals should grant something because the beach has
washed away.
FAq. GO~DAIE: There has been erosion. I think I know the
case you are referring to. Any deprivation of the owner of any
road frontage due to erosion~is something we have to take cogni-
zance of. This could not be sold because it would deprive the
owner o£ access. ~e have 25,000 sq. ft. and this has the power
to modify.
MR. GOODAI~: We all agree that taxes are continually rising
and this would-probably mean further taxes to which we are not
objecting.
THE CHAIRMAN: In the opening phrases of the Ordinance, Some
of the purposes are to promote the health, safety and welfare;
the desirable use of land; conservation of property values in
accordance with a well considered plan. That's just a point on
the other side, not necessarily conclusive.
~&q. GOODAL~: Z understand the purposes of the Ordinance.
T~ CHAIR~: There is some doubt in my mind as to whether
this is a suitable purpose where you are adding two garages which
will directly exit on a public street.
MR. H~w~D TERRY, Building Inspector: There has been con-
siderable e~osion which reduces the access for garages.
MR. GOODAZE: We should start with the theory that the
existing bdilding which is now a garage has been on the property
since 1936. The uniqueness of the property is such that this is
the only desirable place where a garage can be built in order to
accomodate offstreet parking.
THE CHAIRMAN: ~ome of your guests are now parking on the
street.. ~nen you have a lot of guests you occupy the whole end
o~ the street.
THE CHA~¥~A~: Is there anyone present who is against this
application?
(There was no response.)
~R. GOODAI~E~: In order te enlarge or expand-you haVe te build
a foundatien~and~put a reef over it se that you can mzke living
quoters. The present unit can be used for weekends and s~mmers.
MR. BERGEN: Is it not l~oSsible te m~ke a garage in there?
t~R. GOODALE: Ton would have a rise. There is a t~wn barrier at
the feet el.the Street, I had te take a fence down to get a truck in
te empty a septic tank. I think you would have to excavate te ~ew~r
ever the rise to get over.the ether side.
THE CHAIENAN: I think Er. B~rgents point is that the whole
structure ceuld.~be 20 to 22 Feet back.
advantage ef ~$he~wall WhmCh ~s already existing. We could ut~lmze
the existing wall on the ~x~isting building. ·
THE OHXI~N: 'By plaeing~ it back 20 to 22 feet the only loss
weald.be the.advantage :of using the southern wall of the present
summer house. My opinion is that this should be back 20 te 22 feet
from the street line and there should be nO kitchen. This should
be a true guest cettag~ without~ _ coeki~g facilities.
MR. GO~: i w~uld like te peZnt out that the Building
Inspector h~s ~seen lifts issue a permit and by coming dewn here
my pesitie~ has worsen,d. Now we have the additional imposition
ef moving the building back and grading it in front for 20 feet. I
weald ask that you let stand what has already been.
THE CHAIRMAN: The Building Inspector and the Board ef Appeals
usually agree but ~net. alway~.' .
MR. G00D%t~: The Appeals Board has substituted their judgment
For that ef the Building Inspector.
THE GHAIRNAN: I think the Building Inspector's interpretation
was less ~han %0%.exPansion ef the existing building which I Would
disagree with personally. In effect you have an old garage ~with
an existing eld room over the garage... 22 ft. x 16 ft., and you
are adding 32 ft. x 22 ft, to that. It would seem te me that
there is mere ~han ~ expansion.
i~R. H~WARD TERRY' B~ild~ng Inspector: Furniture and fixtures
are not inc~ded, Sus~ the shell. ~ ~
THE GHAE~N: You weald describe this as non-conforming use?
MR. E~ TEERY' Building Inspector: A non-ce~ormmng
building,~ ~e~$ .Uon-cenferming use. The problem is that it is in
the front yard. ....
TEE GHAt: Yeu have used this building continuously?
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MR. GO'DAT.;E: We have used it and maintained it. We would
like to fix it h~up.
THE CHAIR~L~: i think that, personally, i would like to see
it setback 20 to 22 feet. i think you will gain usefulness of
the building by putting it back.
MR. GOODALE: I disagree on the grounds that it would
probably interfere with the view of my neighbor to the north and
I would be reluctant to do that. The other factor is that money
is a consideration because everything in terms of conditions makes
the costs rise.
TE CHALR~LAN:
in our reasoning.
Financial considerations are not pertinent
I~i~. GOODALE: i think you will agree that this Board of
Appeals has a~great deal of latitude, i think that you can make
a favorable decision and to require further setbacks makes it
less worthwhile for something you can't get the full use of.
THE OHAIRI~L~N: My impression is'that we are acting for the
needs of Southold Town in having this addition set back rather
than continue it like a series of brownstones in the city.
~. G00D vALE: Architecturally, would you agree that it is
going te be like a checkerboard. I think that is part of the
aesthetics of the Plarming Board.
THE- CHAIR~N: Aesthetics are begznn~no to come in to it.
As far as this particular thing is concerned my opinion is that
I have to vote against it unless it is set back 20 to 22 feet as
it is relatively an unpopular thing iu town as the tendan~y is to
rent. You can appeal this. If you move this back could you
attach it to the present single car garage?
MR. GOODAZE: It would be corner to corner.
After investigation and inspection the Board finds that the
applicant requests permission to create second dwelling unit on
let with less than required area located on the west side of
Fourth ~treet, New Suffolk, New York. The findings of the Board
are that this is not a suitable purpose as cars will exit
directly on to the street. The Board also finds that it is
more than a %0% expansion. The Board would agree with the
reasoning of the applicant (with the exception that a kitchen
could not be included in the guest facilities) if the addition
wer~ set back 22 feet from Fourth Street and attached to the
existing building or wi~hmn 5 feet of · .
The Board finds that strict application of the Ordinance
- nar dsh~p,
would, not produce oractmcal difficulties or unnecess.ary ' ' '
the hardship created is not unique and would be shared by all
propeeties alike in the immediate vicinity of this property and
in the same use district; and the variance will change the character
of the neighborhood, and will not observe the spirit of the Ordinance.
On motion by ~Ir. Gillispie, seconded by ~ir. Bergen, i% was
RESOLVED And~vew E. Goodale, Fourth Street, NeW Su~fot~, New
York be DE~!EDpermission to create second dwelling unit on lot
with less than required area, as applied for. Location of
property: west side of Fourth Street, New Suffolk, New York,
bounded north~by L~arp-Karp, east by Fourth Street, south by
Peconic Bay, west~by G. Hinsch.
Vote of the Board:
Grigonis, Doyen.
Ay s.- Messrs: Gillispie, Bergen, Hulse,
t~R. G00DALE:
T.WiE C HAI~WL~N:
I will take exception to the ruling.
You have thirty days.
~R. GOODAIE: I am happy that you are so zealous. I invite
you te come down and look at Third Street where non-conforming uses
are going on. Having been in this area for many, many years, I
am frankly disappointed in the stand that has been taken here.
THE CHAIRMAN: Rarely do we please everyone.
PUBLIC HEARING: ~Appeat No. ~1!12 - 8:30 'P.M. (E.D.S.T.),
upon application of EsSate of Genevieve Alberts0n, Main Street,
~outhold, New York, ~or a variance i~ accordance with th,
Zoning Ordinance, Articl~ III, Section 303, and ~rticle X,
Section 1000A, for permission te set off two lots, with
dwellings, with less than 100 foot Frontage. Location of
property: north side of Main~Street, Southold, New York,
bounded north by Railroad, east by A. W. Albertson, south by
N~in Road, west by Reese. 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 newspapers, and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
I~- ~N~LAE~ TEENY: I aPPear in behalf of the executrix
of the Atbertson~estate o~ a~bona~fide sale of parcels of this
property for residential purposes. Presumably all of this property
Will be used for business purposes. ~Thts has been occupied for
the past fifty years as residential property. The character ef
the nelohbor~ood is such that it would not interfere with the
zoning ordinance,
THE CHAIN: The property is being sold. This application
is for~division. ~It;s a most equitable diVision.~ This will not
change the character of th? area in any way.
THE C~IP~M~N: Does anyone wish to speak against this applica-
t ion?.
(There was ne response.)
~ter investigation and~inspectien the Board finds that
the applicant requests permission to set elf two lots, with
dwollings, with less than 100 ft. frontage located north side
of Main 'Street, Southold, New York. The Board finds that
it is in~agreement with the reasoning, of the applicant since
the division is an equitable one, and will net change the
character of the area.
The Board finds that strict application of the Ordinance
weuld.~preduce practical difficulties or unnecessary hardship;
the hardship created is unique and w~Ald 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 ef the neighborhood, and will observe the spirit cf
the 0~dinance.
Ou a motion by N~. Grigonis, seconded by ~. Doyen, it was
P~SOLVEDEstate'of GenevieVe ~lbertSon, l~iafn Streot,
Sout~01d,~.NeW York, be GRAN~ permission to Set o~f two lots,
with dwellings, with lesS.than 100 foot frontage'loCated on
no~th side of Main Btreet,~outhold, New York, as applied for.
Vote of the Bo~rd: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
t~-BL~IC HEARl~G: ~ppeal NO. 1~i1~ - 8:4~ P.M. (E.D.S.T.),
upon applic~tion'~of Eichte~ Home Improvement Go., Greenport,
New York a/c Ethel Annestead, Gha~plin place & Atlantic
Aven~e, Greenp0rt, New York, for a vari~ance in accordance
with the Zoning Ordinance, Article IZI, ~sction 300, Smbsection
6, Articl, iii, S~ction 306, and Article III, ~ection~309, for
permission to.lo_cate accessory bld~g. (garage~ i~ frentyard area.
Location of proper~y, southeast corner of~ Champlin Place ~nd
Atlantic Avenue, Gree~nport, NewTork, bounded nbrth, by Chmmplin
place, ea~st~ by Franck ~o Eosenbdrg, south by Ethel A_unestead,
west by Atlantic Averse. Fee paid $%.00.
The Ohairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting to
its publication in the official newspapers, and notice to the
app li c ant.
THE CHA]fLMAN: ~s there anyone present who wishes to speak
for this application?
~. ARTHUR R~CHTER: i am here te speak in favor of it.
THE CHAIR~iAN: ~ You'plan~to have the garage 26 feet from
Champlin Place.
~0
MR. RIC-MTER: I thi~ that the lot is ~ £eet wide' and the
garage is planned for 24 feet~i~i~. The whole let is 90 Ft. x
100 ft.
(The Board discussed the layout and the measurments of the
property amd the proposed garage.)
THE C~IFJ~L~N:' IS there anyone present ~no wishes to speak
against thi$~application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to locate accessorylbuildi~(ga~age)
in fron~yard area located southeast corner of chamPlin PlaCe and
Atlantic Avenue, Greenport, NewYork. THis is~a corner..10t and
has a slope both to the north and east. The house isen the
southerly part of the lot and near the'rear ortho property which
does net leave enough room to build' a garage in the rear yard
area. The Board agrees with the reasoning ef the applicant.
The Board finds that strict application ef the ordinance would
produce practical difficulties er unnecessary nardshSp, the hard-
ship created is unique and wo~ld not be shared by all properties
alike in the~immediate vicinity of this p~operty and in the same
use district; and the variance will not change the character of
the neighborhood and will observe the spirit of the GrdiD~nce.
On motion by F~. Hulse, seconded by ¥~. Grigoni~, it was
~ REEOLVEDEiCh~er HOmeImprev~ment Cot, GreenpOr~ New
a/c Eth~Annestead, UhamplinPlace & A~lantic AVenue, Greenport,
New York b~ GRA~NTED permission~to locaSe accessory building
(garage) in frontyard are~ of property located southeast corner
ef Champlin Place and Atlantic AveDme, Greenport, New
Vote of~ the Board~ Ayes:-~l~essrs: Gillispie, Bergen, Hulse,
Doyen.
~on sppliC~ignm. OflA.'i.Richard Grebe, Jr',~Hedge S~eet~ P. 0.
B~x 356' Fishers Imland, New York, fer.a special~xcep~ion is
a¢~COrdance with the Zonzng ~rdinance, A~ticle~, SeCtiOn 420,
$~bsection 2 (b) for permiss~ n to operate and~maint~ain a public
garage. ACtuation Of property~ south sid~ of ~.~histler Avenue,
FishemS Island, New York, bounded nbrth by ~rni~tlerAvenue, east
by Beach~Avenue, sou~ by BloCk Island Sound, west bY Fishers
Island Hound. Fee pa~d
The Chairm~n opened"the beaming by reading the application
for a special exception, legal notice o£ hearing, affidavit
attesting to its publication in the official newspapers, and
THE CHAirMAN: Is there anyone present who wishes to speak
for this application?
(There was no response.)
Ti~E OPIAIRi~AN: it should be stated for the record that 2~r.
A. Richard Grebe is the sen of a Planning Board member f~om Fishers
!~land. This is a requirement o£~ the Code of Ethics. We are
aware that he is the son of a member of the Planning Bo_ard. The
proposal was approved by the Fishers Island Ferry Dfstrict.
THE CHAIRI~N: This is part of an old airport hangar. How
much area will be receive?
I{A~. SERGE DO~EN: The entire hangar. He has exclusive use of
the hangar, not ~exclusive use ef the
TME OHAIRi~AN: Is there anyone present who wishes to speak
against this~ application?
(There was no response.)
~fter ~nvest~gat~o-- and inspection the Board finds that
applicant requests permission to operate and maintain a public
garage on p~operty'~located south side of Whistler Avenue,
l~ishers Island, New Yo~k. The applicant proposes te operate
public garage located ~n the existing airport hang.~r bu. ilding
owned ~nd/or managed by the Fishers Island t~erry D~str~ct at
Elizabeth Field on Fishers Island under a lease to operate for
the following: repair; overhaul and sale of automobiles; sale
and repair of lawnmowers; sale and repair of outboard motors;
repairing of major home appliances and brazing and welding.
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
~he Ordinance will be observed.
~Ou motion by ~v. Hulse, seconded by I~. Grigonis, it was
RE~0LVED A. Richard Grebe, Jr., Hedge~t~et, P- O. BOX'
356, FiShers Island, New YetiS, be GRANTED a special~ exception
for permission ~o operate and maintaiu a ~public garage on
property located south side of WHist~e_w Avenue, Fishers island,
New York.
Vo~e of the Board:
Grigonis, Doyen.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
PUBLIC HEAEiNG: ~Ppeal No~j 1~19 - 9:15 P.M. (E.D.S.T,),
upon ~pplica~i~n of JOhn J. 01Kedge, Jr~,.Jockey Creek Drive,
Southold, New York, for a.variance i~.accordance with the
Zoning Ordinance, Article ZiI, SeCtion 300, SUb-section 6, a~d
Article III, SectiQn 309, for permission to locate accessory
use (swimming pool) in side yard area. I~cati0n of property:
south side of Jockey Greek Drive, Southold, New York, bounded
north by Jockey Creek Drive, east by J0hnFrosi~a, south by
Jockey Creek Drive, west by Wm. H. Price. Fee paid $%.00.
The Chairman opened the"hea~in~ by reading the application
for a. variance, legal notice of hearing, affidavit attesting to
its publication in the official newspaper, and notice to the
applicant.
THE CHAI~N: Is there anyone present who wishes to speak
for this application?
(There was no response.)
(The Board discussed th~ dimensions of the property)
THE OHAIP~MAN:~' Is there anyone present who wishes to speak
against this.application?
(There was no response.)
A~ter investigation and inspection the Board finds that the
applicant requests permission to locate accessory use (swimming
pool) in side yard area on property located sbuth side of Jockey
Greek Drive, Southold, New York. The findings of ~he Board
are that this~.is an unusually large lot, far iu excess of the
usual. The pool would be a considerable distance from Jockey
Creek Drive.
The Board finds that strict application of the 0rdinan6e
will produce practical difficulties or unnecessary h~rdship; the
hardship created is unique and would be shared by all properties
alike in the immediate vicinity of this propelty and in the same
use district; and th~ variance does observe the spirit of the
Ordinance and will not change the character of the d~str~c .
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was.
RE~OLVED John~J. O~Keefe,-Jr., JO6key Creek Drive, Sout~old~
New Y0rk,~b~GRAN-~ED p~rmission~to locate accessory use ~swimming
pool) in side y~rd area located southside of Jockey Creek Drive,
Eouthold, New York.
Vote 0£ the Beard:
Grigonis, Doyen.
Ayes:-~essrs: Gilllspie, Bergen, Hulse,
PUBLIG HEARinG: Appeal No,
upon application.of Jean Smllivan, 239A B~eakw~ter~.Road,
Mattituck, NeWYork, for a special exception in accordance
with the Eoning ~dinance, ArtiCle III' Bectien 300, ~ubsectien
~ (d) for permission te establish aud.*Perate a'riding academy.
Location of property: land of Alber~ Sylvia, wes~ s~de~ of Luthe~s
Road, Mattituck, New York, bounded north by ~. ~ledz~eski,least
by i~thers Road, south by P. Meskouris, west by ~. Eledzieski.
Fee. paid $5.00.
The Chairman 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.
THE CHAIR~L~N: Thank yo~ for coming, i am sorrywe don~t
have more elaborate accomodat~oms. I mzgh~.~ay that wn~le ~e
have a n~mber of people speaking ~fer~ and ~against!~, I would
th_s not a
like to call your attention to the fact that ~ is
popularity contest and all comld be ~for~ or ~against~ a~d the
Board might have to decide in an unpopular way. Please be as
brief as possible. There will be some opportunity to speak
~eb~ttal at the end of the hearing through the Chairman, not to
each other.
THE OHAiR~MAN: Is there anyone present who wishes to speak
for this application?
~. ~k~B~RT SIrL~-r~A: I would like to clarify one point. It
has been brought te.my~attentien that people are putting us'a~d
this application on the same terms as what happened~on ~regon
Road. ~e are not looking te start a riding stable where a
person ~ould come in and rent a horse and go off on his own.
We ar~ looking te star~ a riding ~cademy te instruct children.
THE OHAIR~N~N: ~at is your connection ~o the applicant?
MR. ~z-LViA: I ~m F~ren:s stepfather. I~y wife is t~e Joan
SulliVan fha. the application.' The name is ~ullivan because that
is'how we have it in the Deed.~ It is land of Joan Eullivan. That
was Clarified at the closing.
THE GHAIR~N: Does anyone else wish to speak for thi~
application?~
(There was no response.)
THE OEAiRi~N: Does anyone wish to speak against this applica-
MR. ~it~I~M ~OHUDiAK: I o~erate la~d ou Gox Neck ROad, part
is on Cox~Neck.and part.~ o~ Luthers Road. Ira's about 1, O00 feet.
~ast Fall I had ~ ~un-ln wt~h this outfit because'they ~ad ho~ses
running ~hroughmy property. There was also a pick-up on my land.
I made them leave the pick-up for two days until the ground dried
out. That ~s last Fall. Wharfs going to happen this summer?
We had. a riding academy once~ before and we had a lot of treubl~e
w~ith that one on Cox Neck Road.
THE CHARON: Do you have golden nematode on your land?
~MR. CHODIAK: No.
RS. GRACE ~TiFTER: Does this mean that a ~chool of Horse-
~anship is a~plaee~where you can get a horse and ride; and if it
is horse~nship, will it be co~ined within their area and never
come out on the road?
~. S~ViA: ~e hope to be instructing children~nich would
be co~ined~within~the bounds of our property, which we have every
intention of closing up completely with split rail fencing. I am
in the process of acquiring property owned by Geiger to the east
as you drive in. tYe are acc£~iring that property and will fence
it in.
THE CHAIR~N: ~hat do you meanby ~children~?
EAHEN: There iS not going to be any hacking involved, where
you rent horses. This is basically going to be lessons For a year,
or six month's time, on a once a week basis. There will be children
but also elder people. I would be willing to teach older people
too. All of the riding would be confined within the property.
it will be confined to a corral on the property. No horse will
leave the property at any time.
t~. ~Z~VZA: We have horses there for our own use. There
have been times on_some summer a~ternoons that we have taken
them out and ridden off the side of the road all the way down to
Aquebogue.
THE CHAIR~. This aopa~ently happened at other stables.
It's ~mpo~s~ble For the public or an outsider to know whether
you are riding yo~r own horse, or whether you are riding a horse
From a stable, or if you are a paying guest who is taking a
lesson. We have been through this a number of times. W~hen you
take a horse off the property yom incur the risk of peop~le not
understanding that you are riding your own horse.
~. SI~LViA: You can get horses in New Jersey For $25.00 or
$%O.00 which are moth-eaten. This is usually what is used in
hack stables. They are not of the best. We have two horses
right now and two ponies. ~e~ have good horses. ~ll of them are
our horses - two horses and .two ponies. Once in a while you can
run into a problem. Our horses were tied up on the day in
question. A horse, as ~ recall, was dragging a rope From its
halter. It was raining ecats and dogs~ and Russ got into the
pick-up truck (hers 17 years old) and drove the truck across the
open field to chase the horse and he went 20 to 25 feet and bogged
down.
THE CHAIR~AN: How many horses would your operation involve?
iq. SYLV~iA: We expect to have four horses and one pony.
That means~we will get rid ef one of the ponies.
THE C~IRNAN: How large an area do you have?
~. E-MLVIA~ About two acres. We will enclose eye,thing but
~eund the lake.
THE OHAIRN~q: Mill you have electrical fencing~
~. E~Vi~ We were thinking of a tWo'rail fence.
be high enough.se ~hat horses ca~t jump it.
Re s ident ia!
THE CHA ,~I~N:
Agr icultura!, area.
it will
Does not jumping come under horsemanship?
We will not go into advanced ridio~g.
"Does this necessitate downzoning from a
It is a permitted use in a Residential and
i~RS. STINTER:
wanted to open. a place for cock-fighting,
thing.
this is granted, if someone decided they
One other factor, the Board is not permitted to grant a
special exception Which will impose unusually difficult methods
of er~orcement for other goVernment agencies. In the case of~
Roayl Flush Stables we had between 30 and 40 police bomplaints,
we had~a Eanitatfon Engineer from the Board of Health who had
obtained warrants for arrest, and we had call~ from Albany. The
S.P.C.A. was ou~ here, the Department of Agriculture.was concerned
with golden nematode, which~is carried on.the hooves of horses.
All of these things impose dmffmcult_es on other goverr~aent
agencme .
'I~RS. IRE~ ~ELI~: You say you have two and al hal~ acres of
land. I believe ~there are large barns, plus a large house, and
the lake which y. ou say you will not enclose. How much land will be
corall, and is mt sufficient to house five horses?
~R~ SYlVIa: H~rseS are domestic animals~ We have never
done anyt~i~g~to downgrade. We have puteve~y dime into the
place, and we don~t want the Droperty dOWngraded any more than
our nemghbor~ do. In the event that this appeal is granted,
is it not granted under cond~tmon~ that if~we violated any part
of the rules it could be rescinded as well?
T~ CHAIR~N: The Board of ~PpeaIs is required to consider
carefUlly~before granting. It is.~alSo required to see that
welfare and justice is served and that it will not change the
character' of the aa~omn~ng use district. The Board may, after a
public notice and under appropriate conditions, authorize per-
mission of a permit.
that would be the same
THE CHAI~E~: Is the amount of land sufficient for five
horses?
!~2. ~Z~VIA: Iris hard to describe. There is a lake down here
like this and ~our property comes up here (Mr. ~ylvia drew an out-
line of the property for the BOard). We want a split rail fence
and a corral for riding. I also have pendlno with NM. Sledzieski
a request to buy an acre in back of the barns.
THE CHAIR~IAN: Your split rail fence would go all around the
property?
F~. Si~LVIA: They would ride within the paddock.
~. ~E_T~T~: Theme are two homes on the piece of land you
say you are~ going to acquire,
MR. ~i~LViA: There is one cottage on a hal~ acre lot.
MRS. WELI~: I know those barns are large-and I would like
to know how much is going to be coralled there.
MRS. SI~LV~: The corall would be about 150 ft. x 300 ft.
~. WII~I~J~ PAUSE~ANG: According to the De~d on Our
property we~have to.give~ 15 feet ef~th~t property, we have given
a 1% foot right-of-way. The lake is along ~the 1% foot right-of-Way.
We gave it to enhance the property. This was going to be an opera
piece of property. ~
MR. ~t~LVIA~ I believe the 15 foot right-of-way you are
talking about .is the old dirt road that you used to get into
the property by. Instead of I~thers Drive ~here is an old dirt
road that was the only access,.~to our home. This dirt road
belongs to the Sledzieski property.
MRS. PAUSEW~NG: The point i am ~king is would we have
horses goi~ baci~ and forth in front of our door? They say that
particular part is not going to be coralled.
~. ~LV~A~ We can't coralt a lake. It's not ours, We
let the horses walk around and then graze.
MRS. PAU~ANG: About a month ago we had two horses on top of
our hill.
~. ~YLV~: Those were not our horses. The police came to
us, they thought they were our horses.
2~. CHERNIAK: A two-rail fence will never hold horses in,
I understand that they are not going to put a fence in front of
that pond. There is no water in there in the summer.
MR. A~0S BACKER: (Captain Kidd ~states) ~he~will have four
horses and~will sign up.for a yearls instruction. We are summer
residents. Now, in the summer there will be a let of children at
Captain Kidd Estates. Does she mean she won't take children for
one or two months?
THE CHAiRNAN: '~Would you accept Captain Kidd summer visitors who
want to take instructions?
EAREN SULLIVAN: i would give instruction te people from all
over.,mHOWever,~-vwon$t have teenagers hanging around, and -V
wontt have people ~o want te ride a horse for just one hour. -V
wentt allow that.
I~R. SYLVIA: Karenwas a riding instructor at a camp at Fort
~longa andshe can be very highly recommended as a riding in-
structor. I believe this would be a good thio~ for young people.
~R.' SYLVIA:
Will there be enough parking space?
There is quite a bit of parking space at the
THE CHAIRN~.N~ It seems te me the most important thing is
who you will be accepting.
KAREN ~0LLiVA~]. Beginners. I would start o~f with about
three~ or four.in a class. _vt will.be a year round operation
except in bad weather.
NL~.~AEEX CHASE~ (Captain Kidd ~states on Breakwater Road)
~ have listened to both ~ides here and i dontt think anyone can be
against animals (horses). -V think we have lost sight of one
thing and that is whether you are going to allow a business to
be created on this property.
THE CPtAiHt~N: ~pecial exceptions frequently establish
businesses. _A special exception when granting a sign for a
gasoline service station in effect establishes s business.
types of businesses which are permitted are desirable and
necessary to a residential area.
The
2~R. CHA~E: If somebody wanted to create a gas station, !
don~t think there would be much question as to what the d~cision
would be. I have been out here for twelve years. Oox Neck and
Breakwater ge down to the Sound. ~ think this area has distinct
character. There is farming there. It is being parceled out and
people are building hom~s that anyone.would be proud of, It has
been a farm area for a century. A riding academy is net bad but
I just want to point out te you that you are going to establish
a business, something for profit and, knowing human nature, you
start with four horses and who is to say how many you are going
te end up with.
EEI~NE~NIK: (Captain Kidd Estates) I am a year round
resident. Our main concern is to be sur~ we dontt have our reads
as a bridle path. '~e don~t have street cleaners and also, if
they ride in and out on that dangerous curve at Breakwater Read,
it is dangerous for elderly people crossing to go to church, and
for children. 'We dontt want these roads used as bridle paths.
TEE CHAL°d~AN: He had considerable damage done by the Smith-
t own Hunt C lab.
I have had them riding the beach and scaring
i~Si WE~:
children.
TEE CHAIRF~N: I dontt think we are considering that type of
operation. I think if this were granted it would be my opinion
with this amount of land that these people would have to confine
their horses to their land, and if their horses were off the
land it would be a matter to be interpreted by the Beard.
I~RS. WEI2LS: I dontt want galloping on the road. It's a
traffic hazard. .
TEE C~iR~N: It costs between $7~,000 and $8~'000 a yea~ to
operate a police cat_twenty-four hours a day and on one of these
stables the file of police reports was that thick. All of these
things enter into our consideration. ~
E~JNICE~ BUTTER~gGETH: ~What about the odor going all over the
:- e ·
coun~rysid in evemy direction of the wind?
iMR. SX-LVtA: The man who liVes in the green hens& has spread
the manure so.thick that that's what you are smelling. We
dispose of our manure. ~
I keep hearing about Oregon Road. Oregon Road is a rented
piece, of property. I happen t~ own my property. I have been
an employee of Newsday for twenty years an.d I don~t need what
Karen is going to make from giving instructions, i just think
it would be a good thing for her to do.
I~S- STiFTER: Did I understand the gentleman te say before
that the entire propertY-is to be enclosed by a two rail fence.
In other words, there will be ne opportunity for the horses te get
off the property.
FAq. SYLVIA~ We just appl_ee. We have no intention ef going
into it tomorrOW, .it will be fenced ~in with the exception of the
lake. The horses are not goi~ te go out to the lake. Someone
said itlwas all dried up in the summer time· When I bought this
prOpertY it was stipulated that this lake was bonded to the
town. We were told that we would not get a certain part of the
prepert~ and there is some that ~. SledzieSki has,' and the
lake was going te be bonded to the town. Since clo~ng, nothing
has been done because the rest has not been sold yet.
I~RS. STIFTER: ~en are you going te enclose the property?
~. ~Z~V~: Before the business is established. You can not
get into this.thing without getti~ permission from the Town.
TBE CHAIR~N: If this were granted, it would be granted
that pr~o_~ to the establishment cf this riding academy the area
be properly enclosed. A two rail fence is insufficient. This
would have to be enclosed before you established the business.
Tou can keep horses for your own use. Horses are not prohibited
but when you sua. t operating a riding academy that would be with
a special exception and there would be other things: the number
of horses, fenced in area, etco if this became a riding academy
it would not be permitted to have.any of the horses leave the
premises. This might sound u~easonable but we are not equipped
to police horses that escape. Nobody can identify them usually.
This is also a protection to the owner.
I do feel that not enough is done for teenagers to keep them
busy. One of the reasons ~ur kids dontt turn out well is that
they have nothing to do. ~hen I was operating a Farm I had
between ~0 and ~0 young men working for me over a period of
ten years during the su~er time. They all turned out well
and i believe it was because they had something to do. That
is also something that should enter into it; although this is not
a comparable situation.
I~RS. STIFT~R: Now we have gone up to a teenage group.
~. ~L~LV!~: Z won't allow teenagers to come in and fool
around. Z want.people to be really interested in learning.
FA~. ST~FTEE: Before a Fence is built their horses will be
tied outside. Trucks coming down Breakwater Road are liable to
make a horse s~.. It could break loose from its ~ooring. Another
thing is the sum~_uer estates where they rent out rooms, if there
are children playing on that ground, what is to prevent a~horse
from running across?
THE CHAI~N: Tou are talking about a hazard. There is no
requirement of enclosure except in the case of a special exception.
~. ~TLVZA: We have lived there For over a year and we have
had the horses sinoe the second day we were there and in over a
year they have gotten out twice. One time on t~b~t gentleman's
property and the other time towards the Old Mill Inn. I went
down there and tied him to the bac~ of the ca~ and brought him
back. The~e was only one incident when the horses shied and
that was when a man was shooting rabbitts ou our property and
the shotgun startled the horses. I would not embarrass the man
by naming him. ..
THE CHAIRI~N: We will Drobably want to make our decision in
private. - .
THE CEAiRI~: For the reco~d we hav~ received a letter from
the Senior Citizens Club of ~outhold Township, Mattituck Unit,
signed by President John~. Sarno, as. follows:
To the Board of Appeals: 14emberS of the Senior Citizens Club of
Mattituck (numbering over 200) oppose any change in moning of a
residential area to permit a riding academy or any other commercial
enterprise.
This decision was made at the regula~
meeting ef the Eatt'ituck Senior Uitizens Club of Eeuthold Township
today, April l~th, at the American Legion Hall, Wickham &venue,
Matt ituck~
THE CH~kIR~L~N: They oppose a riding academy, but I have to
make a. correctionin, that it wOUld not change the zoning. As you
all know, yen can not rescind a zoni~ change. & special exception
is something that can be granted or taken away.
THE CHA]~I~kN: Does anyone else wish to speak?
TEE CHAIRM~N: Thank you for coming in.
After investigation and inspection the Board finds that
applicant requests permission tO establish and operate a riding
academy on land of &lbert Sylvia, west side of Luthers Road,
Mattituck, New Tork. The findings of the Board..are that the
applicant, Joan Sullivan, is the wife of Albert Sylvia, owner
of approximately two and a half acres on Luthers Road, ~attituck,
New York. The property located iua particularly wooded area
includes a residence and a substantial barn in which horses are
stabled. The applicant proposes to establish and operate a
riding academy on the property which would be either wholly or
pa~tially fenced to contain the horses.
Luthers Road is heavily travelled and provides access between
Gapt. Kidd,s Estates, Sunset Knolls~ and Mattituck. ~ new church
has been constructed ou Luthers Road within a half mile of
applicant's p~operty. The road is in constant use to transport
road building material such as crushed rock and asphalt from the
industrial area at Mattituck Inlet to building sites such as
Suurise Highway and the Long Island Expressway. N~ch of the
undeveloped land in the general area has been farmed for genera-
tions. A commercial farm exists directly opposite the applicant's
propemty on the easterly side of Luthers Road.
The Department of Agriculture has identified infestations of
golden nematode in the Mattituck area. This disease attacks the
roots of potatos and requires that infested areas be sequestered
and removed from agricultural production. This nematode lives for
years in the soil and ~s easily transmittedfrom place to place.
Elimination by soil treatment of infested land by gas treatment of
the soil is expensive and only partially successful. The effect
of nematode infestation is to conde~ land for agricultural use.
The application is opposed by farmers iu the area, as Well as the
Senior Citizens Club of Southold, i~attituck Unit, and many other
neighboring property owners, who fear both personal and property
injury as a result of horses escaping any enclosure which might
be constructed.
Ridi~ instruction would be conducted by 2~aren Sullivan, 19,
a member of the family, with five years riding~experience.
~hile no area requirement is contained in the present zoning
ordinance, the fifteen years~ experience of the Board with four
riding academies (two of which are now defunct) indicates the
proposed area is far too small to use to conduct a riding academy
and there is no feasible way to enlarge the riding area in view
of the traffic hazard on Luthers Road. There is the constant
danger tha~ an escaped horse will lead to infestation of valuable
agricultural lands, and the possibility of personal or property
damage to neighbors.
Additional inter-related problems involved are concerned
with dust, odor, and mam~re. In the past the Board's granting of
a special exception for riding academies has placed an undue
burden on the agencies of the Town Police and Town Justices, the
Town Board, the County Board of Health, and the U. S. Department
of Agriculture. ~xperiences in ~he past indicate the possibility
of traffic accidents from escaped horses even where fencing was
considered adequate and the Board can not establish conditions
eliminating the possibility of human error.
During the hearing the applicant advanced the argument that
riding activity would be helpful to you~ people and that the
purpose was not primarily financial gain. ~e are in agreement
in wishing it to be helpful; however, the disadvantages of a
riding academy in this location, in our judgment, far outweighs
the avowed good intentions of the applicant.
In the opinion of the Board the denial of this application
for a~special exception will not produce undue hardship; and the
character of the district wo~ldbe changed by the granting of
this special exception.
The Board finds that the public convenience and welfare and
j~stice will not be served and the legally established or permitted
use of neighborhood property and adjoining use districts will be
permanently or s~bstantially injured and the spirit of the
Ordinance will not be observed.
On motion by l~r. Gillispie, seconded by Mr. Gergen, it was
REsoLVED Joan sulliv&n, 239 ~ Breakwater Road, Mattituck,
New Tork,~be ~D~NiED~permission bo.establish and operate a riding
academy on land or.Albert ~ylvla, west side of Luthers Road,
~attituck, New Tork.
Vote of the Beard:
Grigonis, Doyen.
Ayes~- Messrs: Gillispie, Bergen, Hulse,
~ motion by ~. Gillispie, seconded by ~. Bergen, it wam
RE~O~VED that the minutes of the ~outholdTo~ Board of
Appeals dated April l, 1971, be approved as submitted, subject
to minor correction.
Vote of the Bes~vd: Ayes:- Messrs: Gi!Iispie, Bergen, Hulse,
Grigonis, Doyen.
On motion by ~. Grlgenis, seconded by ~. Hulse, it was
RF~OLVED thatthe Seuthold Town Board bf Appeals set ?:30
P~M. (E,S,T~), ThUrsday, May 6, 19?l, a~ the Town 0~fice,
ROad,~SO~theld,.New York, as the time and Place e?hearing
upon application Of-~illiam & Evelyn Gunther' Sigsbee Road,
Mattituck, New York, for a variance in accordance with the
Zoning Ordinance, Articl~ III, ~ction 30~, and ArtiCle
Secti~n.1000A, for permmssmen ~e set elf lots with insufficient
frontage. ~ecation of p~operty: west side of Marlene~ane,
Mattituck~ New York, bounded no~th by Albert Biggs, east by
Marlene Lane, south by G. Meshier, wes$ by Ma~tituck Park Prep.
~bdivision.
Vote o£ the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
On motion by M~. Hulse, seconded by Mr. Doyen, it was
RE~ODVED that the ~outhold Town Board ~f Appeals sst
P.M.'(E.~.T.), Thursday, May 6, 197I, a~ the Town O£fice, ~Iain
Road,.~outhold, New York, as the time and place of hearing
upon application of GladysW~ilkins, 504 Bay 5th ~treet, West
Islip, New York, for a variance in accordance With the ZQning
Ordinance, Article III, Section 304, for permisS~ien to set off let
with existin~ dwelling with insufficient £ront yard area on
proposed new right-of-way. Location of property: north side of
~ain Road (Rou~e 2%), Orient, New York, bounded north by J.
Mackay, east by J. Tuthill & J. Dyer, south by i~ain Road,~west
by Helen ~. Gilbert.
On motion by ~. Bergen, seconded by ~. Grigonis, it was
RESOLVED that the Southold Town'Board Of Appeals set 8:00
P.M. (EjS. T.), Thursday, May 6, 1971, at the Town Office, Main
Road,.~outhold, New York, as the time and place of hearing
upon application of Robert Hanson, 686 Hempstead Blvd., Uniondale,
New York, for a variance in accordance with the Zo~ing 0rdiuance,
A~ticle IIi, Section 307, for permission to construct addition
to existing dwelling with insufficient sideyard area. Location
o£ property: e~st side of ~unneWetta Read, Bubdivisi~n~Map of
Nassau Point Club Propertie~, Inc., No. 1~6 Amended Map A, Lot
20~, Cutchogue, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigenis, Doyen.
0n motion by ~. Boyen, seconded by ~. Hulse, it was
RES0L~VED that the $outhold Town Beard ~f Appeals set 8:1~
P.M. (E.S.T.), Thursday, May 6, 1971, at the Town Office, Main
Road,~Southold,~New York, as the t~me and place of hea~ing Upon
application of Rudolph & ~dna Eoubek, ~24Champlin ~ve~ue, ~ast Islip~
New York, for a special exception in accordance with the Zoning.
Ordinance, Article III, Section 300, Subsection ~ (l~, fo~ per-
mission to operate existing marina in the ~A~ Residential-Agri-
cultural Bistrict with servicing privfleges~by new o~er. Location
of property: east side of Narrow River Road, Orient, New York,
bounded north by NarrowRiver Road, east by Halleck Bay, south
by Plainland Realty Corp., west by Narrow Ri~er Road.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, H~lse,
Grigonis, Boyen.
On motion by ~i~. Bergen, seconded by Mr. Grig0nis, it was
R~0LVED that the Southold Town Board 0f Appeals set 8:30
P.M. (E.S,T.), ~hUr~day, May 6, 1971, at the Tow~ Gffice~ Main
Road,~ Southold, New York, as the time and place of hearing
upon application of S~ & E. Realty Company - Southold Properties
Corp., 233 West ~errick Road, Valley Stream, New York,. for a
variance in accordance with the Zoning~0rdiuauoe, Article IV,
Section ~02,~ cot permission to erect water tower (accessory
structure) wi%h height in excess of ~0 feet. LocatiOn of
property:~north side of P~in Road, Cutchogue,' New York, bounded
north by Ralph W. Sterling Estate, east by New York Te_.epnone Co.,
south by Main Road, west by Ralph W. Sterling Estate.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Gr igonis, Doyen.
On motion by ~. Glllispie, seconded by ~. Doyen, it was
RESOLVED that the Southold To,ua Board Of Appeals set
P.M. (~.~.T.), Thursday, May 6, 1971, at the TOwn OFfice, Main
Road,~outhold, New York, as the time and place of hearing
upon application of Ollie 0verton, Main Road, Southold, New York,
For approval of access over private right~of-way in accordance with
the State of New York Town Law, ~ection 280A. Location of property:
private right-of-way ~la~Orm~S Path) off east side ef Herren Lane
Southold, New York, bounded north by 0verton, O~Connor~ Comerford,
& Kelly, east by Offenheiser, south by Overton, Fisher & others,
west by Horton Lane.
Vote of the Board:
Grigonis, Doyen.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
On motion by ~. Grigonis, seconded by I@. Bergen,. it was
HESOL~D that the Southold TownBoa~g bf Appeals set 9:00
P.M. (E.~.T.}, Thursday, MaY 6, 1971, at the Town Office, Main
Road,~Southold, New York, as the time and place of hearing
upon application of Thomas McGunnigle, Middle Road, Cutchogue,
New York~ for a variance in accordance with the Zoning Ordinance,
Article !II, ~ection 300, ~ubsections 4, 6 & 8~ ~or permission
to use existing farm building for welding sho~. Location of
property, north side of Middle Road, Cutchogue, New York, bounded
north by W~eelco~ProP-, inc., east by.~_eelco ~op., Inc., south
by Middle.Road, west by J. ~imcik-Ficner.
Vote of the Board.: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
On motion by Mr. Gillispie, seconded by ~. Bergen, it was
RESO~ED that the' next regular meeting of the ~outhold Town
Board of Appeals will be held at 7:30 P.M., Thursday, May 6, 1971,
at the Town Office, Main Road, ~outhold, New York.
Ayes:- Messrs: Gillispie, Bergen, Hulse,
Vote of the Board:
Doyen.
The meeting was adjourned at ll:00 P.M.
Re spectfully~ submitted,
Ma~jerie McDermott, Secretary
Eouthold Town Board of Appeals