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HomeMy WebLinkAboutZBA-03/18/1971 APPEAL BOARD ME-"~BER Robert '~v/. Gillispi¢, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Huls¢, Jr. Southold Town Board of Appeals $OUTHOLD, L. I., N. Y. 11971 Telephone 765-2660 EINUT~E S0UTHOID TO~E~ BOARD OF ~PPE~ALS March 18, 19?l A reg~lar~meeting of ~he Southold Town Board of Appeals was held a~ 7:30 P.M., Thursday~ ~Iarch 18, 19?l, at the To~wn Office, Main Road, Southold, New York. There were present: ~Messrs: Robert ~. Gillispie, Jr., Chairman; Pred Hulse, Jr.; Serge Doyen, Jr. Also present: F~. Howard Te~ry, Building Inspector. Absent: l~r. Robert Bergen and F~. Char~es Grigonis, Jr. PUBLIC HEAR~: ADpeal No. 3-]!01~- 7:30 P.M. (E.DiS.T.), upon application Of ~ilbur Verity, ll30 Pacific Street,~.Baldwiu,_New York, for a variance in accordance with the Zoning Omdinance, Article III, Section 306, for permission to erect one family dwelling.with ~ . insufficient frontyard setback. Location of property: northeast corner of Cedar Lane and ~ummitt Road, L~t No. 8 on map of Bayside Terrace, Eouthold, New York. Fee paid $~.00. The Chairman opened the hearing by reading the application for a variance, legal motion of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE OHAIF~VJ~N: Is there anyone present who wishes to speak for this application? WILBUR VERITY: As I have stated in the application, I would observe.the conti~nnity of the neighborhood by holding a 35~feot setback. I would like to face the house on Cedar Road so ! would have a little rear yard. it~s an L-shaped ranch. Southold Town Board o£ ~Appeals -2- Ma~ch 18, 1971 THE C~%IR~: Your property is 120 feet deep and 100 feet wide, and the adjacent house has a regular, setback. ~. HOWARD TE~, Building Inspe6tor: On Su~mitt ~ane, which is the sideyau~ there are only two lots. The people who built to the east of him have a setback on the upland. This lot has a hollow in it so ~ir. Verity~s house would be set in front of him. T~W~ CHAIRMJ~N: The adjacent house is handicapped by having a hollow. FA~. HOWARD ~, Building Inspector: He has a hollow on the south end~ ~On~the Summitt Road end. his lot slopes to the south. TM~ CHAIR~: ~e will amend your s~etch, with your permission, to show 3~ feet off the Cedar ~ane setback, and 25 feet From ~ummitt Road. THE CHAIRNAN: Does anyone else wish to speak in favor of this applicatlon~ (There was uo response.) THE CHAIR~: Is there anyone present who wishes to speak against this application? (T~ere was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect one family dwelling with insufficient frontyard setback located at the northeast corner of Cedar Lane and ~ummitt Road, Southold, New York. The setback of the front of the house which would face Cedar ~ane~would be 3% ft. as the 0~dinance requires. T~e..sideyard is set back l0 ft. and the house is 65 ft. wide, which leaves 2% ft. to ~mmitt Lane (a private road). The applicant requests a variance for l0 ft. as he can not maintain 35 ft. to Eummitt ~ane. The Board agrees with the reasoning of the applicant, The Board finds that strict~applicationof the Ordinance would produce practical difficulties or unnecessaNy ha~dshtp; 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. Gillispie, seconded by F~. Hulse, it was RESOLVED Wilbur~Verity, 1130 Pacifi~ Street,~Baldwin, New York, be GRANT~D per~ission to erect one~amily dwelling with insufficient Southold Town Board oF ~oeals -3- ~rch 18, 1971 frontyard setback as applied for on property located northeast corner of Cedar Lane and summitt Road, Lot No. 8 on map oF Bayside Terrace, ~outhold,~New York, in accordance with amended sketch showing 35 ft. off Cedar Lane and 25 ft. off Summitt Road. Vote of the Board: Ayes:~ Messrs: Gillispie, H~tse, Doyen. PUBLIC HEA~_rNG - Appeal No. l~00 - 7:~% P.M. (E.D.S.T.), upon application of Rosemary ~kyeMoritt, ll7 ttat, ~treet~ Brooklyn, New Y~rk, for ~ivarian~e. in accordance With the~Zoning Ordinance, Article III, Eection 300, Subsection l, ~ud Artmcle III, ~ection 303, for~permis~sion to convert existing accessory building into one family dwelling. L~oation of property: right-el-way off east side of Camp Mineola Road, ~Mattituck, New York, bounded north by private read, east by E~. ~. Daneri, south by Great Peconic Bay, west by L. D. Howell Estate. 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 te the applicant. TM~ CHAIRMAN: Is there anyone present who wishes to speak for this application?~ MR. ~iI~ZAJ~I!~iCKHAf~: I represeut the applicant. Unfortunately, neither s~e,~I~s,~.Egritt~ no~ th~ Jmdge could be here. He is a. Judge of the Civil Conrt in New Tork and~has been busy with Jury trials. Thereis someI di££erence in terminology betWwen your Ordinance and our pesit~ion or purpose in this matter. Apparently under the Zoning laws yon'have to call this a one Family dwelling. That is far.from their intention. ~nen Judge Moritt bought the property about a year ago he bought~.!t as a second home, or vacation home. He likes this part of ~he country and this was just right for the family and the children as it is on the Bay. The main cottage is very small and only has two bedrooms. Mr. Loweth recognized this in 1969 and had the garage, which was located iu about the same position, converted to a little adjunct for living quarters. Judge Moritt, however, with his children and for his guests, was going to use it on a year round basis.., in the summer all the time; and in the winter on occasional weekends as weather permitted, it was only natural that he would want to have heat and a pantry kitchen. He did this in all good faith. I did not represent him at the closing and have only represented him since he asked me to appear before you this evening, but I want to assure you that it was done in good faith, it makes a sense. He'has not only his own family but they~have many relatives; and a man in his position has numerous guests. Southold Town Board of ~peals -4- :,~ ~March 18, 1971 It is nice to have separate bedrooms and to have heat this time of yea~, and a place to get a little snack. I know if I were a guest I would be glad to have a cup of coffee and a little breakfast at 5:00 A.M. mather than waiting to go into the main house at 7, 8, or 9 o~clocko There is no intention of using this as a separate unit. It would fit his purpose as he needs it as an adjunct to his house since it was oonstructed~prior to his purchasing it, and it was constructed nicely. He has no intention of enlarging it or renting it as he needs it as an adjunct to the small house. The location, area, has not changed at all since the'garage and house were originally built. As a matter of fact, the building now is a tremendous improvement over what the garage looked like before, i donlt wish to say that garages are a detriment but certainly a nice looking building is a vastjimprevement to any garage. I agree there are several lots in the neighborhood where there are tWo cottages. Some are rented and some axe not. The Judge had no intention of any_mviolation but thought it was in good keeping and thought it would be a very necessary and helpful adjunct to his own building. ~Ye don~t consider it one family, purely a guest cottage. ~ne area seems adequate, no change since 1967 when approval was given to convert it from a garage. THE CHAIR~MAN: Is there anyone else present who would like to speak for this ~pplication? (There was no response.) THE CHAirMAN: Is there anyone present who wishes to speak against this applleat~ono l~R. RICHMOND S. C~Y~N: ~en that building was~ constructed it was stated.that there w0~ld be~no kitchen facilities. If you grant one permiss{on to ~hange an auxiliary building to a one.family home, we would have quite a problem at the beach. There are a lot of auxilia~ybuildings, i feel it should remain the way it was when the buildir~ permit was granted. I~R.~'HO~{D TEP~Y, Building Inspector: This was made into an accessor~ b~$1dlng with sleeping~quarters and the C.0. was issued stipulating that the~e be no kitchen. THE CHAIR~N: Is there anyone else who would like to speak against this.application? I~L~, CGR$~ When the three bedrooms were built ~r. ~oweth had two children, ~t was for the purpose of getting the kids out of the way~'~ ~hey were forbidden to have any kind of k~tchen. There was never any kitchen installation. I can't understand how anyone, knowing that we did have zonir~, would build a kitchen in a beach neighborhood which means that if he sold it the next people could rent it out. Our houses which can be rented out were built many years ago. Southold Town Board of~ ~,ppeais -~- ~. March 18, 1971 This was done without asking permission. ~me Judge apparently did not know what the zoning laws were when. he bought the house. He has two very small children so it can't be for them. TB~ CHAIR~IAN: To ~ke an excuse for the Judge, i imagine he is very busy,~ ~Is there~ anyone else who would like to speak against this application? Zf not, I have a number of communications addressed te the Board of .appeals: The Chairman read letters of protest from the £ollowiug people: I~_v. C. Edmonds Allen, O~er of property at the end of Reeve Av$om~e bordering on Pe0onic Bay and James Creek in the area 10cally~known as Camp Estate o£ Treadwell D. Carpenter ~s. Her~vy B. Emith, o~.er of two beachfr~ont properties at Camp Mineola. ¥~. John Norris, property east side o£ Camp Mineola. Aldo A. Trabucchi, la~yer with Charnin & Weisman, for John Norris ~nd H~adley ~illiam Norris. Frank C. '~hi~rock and l~Lvs. ~ucinda ~. I~gnitrock, Camp Mineola. THE CH~.~.N: ~re there any other questions tha6 anyone has relevant to this hea~ing? (There was no response.) THE CI~IR~2~: Does anyone wish to speak in rebuttal? ~. ~CtGEAM: I wo~ld like to make one request with due respect to the letters that.have been w~itteu and the position i have heard... I have not heard one single reason why the request should be denied. There has not been one reason produced and we have given a ~mber of reasons for the application. There is no indication that the area will be degraded in the slightest. All the letters were from people in the west. MR~. C~R~,~: l~rs. Howell, a next door neighbor, is in Florida and asked me~o Say that she will be very unhappy if this isgrauted. ~e don~t want people to have kitchens. There are too many people on the beach already. ~. WICKEA~: ~e are not ~sking for an addition. quo. It is makingBo difference to the area. I~RS. C(k~iN: It's against the zonmng ordinance. would the Board have allowed him to put that in? This is status If he had applie~ Southold Towu Board of Appeals -6- ~iaroh 18, 1971 THE CHAIRI~t~: if the applicant wishes to create a second residence_he would have to divide the property and relocate the garage so it conforms as far as possible to the area requirements of the Ordinance. The garage is close to the main building and the property doesnlt lend itself to division, and the Ordinance specifically defines what a dwelling is and what a violation is so it would be my impression if we were to grant this ~pplica~ion to give this man a certificate of occupancy, we would have to have him move the buildir~g.., either attach it to the present residence or move it to the rear of the lot, whichever is feasible. F~. ~. DANERI: I think what is involved is the fact that it was done without~official~permission. ~yhomse is the closest to his. I thinkwhat he has there creates a hardship even without the kitchen. He has been a neighbor of mine for about a year and he entertains many, many people and he can not do that with two bedrooms. He has a very tiny ho~se. I am stepping on a hand£ul of toes but Z live the closest to him and i have to live with it. Going back to basics, he did this without proper permission. I have watched the place very carefully, and he built a very tiny efficiency type kitchen. I think his hand Should be slapped because he did not follow the proper form. He has two young children. They need one bedroom and the Judge and his wife another. Everybody has a different life pattern. ! have listened to some of the names of people who have complained. I have another buildio~ on my property. I just can't understand this kind of thing. i~RS. CORWIN: i am afraid that everyone else who has a garage will make it ~rental piece.. TRECHAIREAN: We can't be concerned with his life style or how he ente~tains~ ~The fact rem2~ins that he has two buildings on one lot and both o£ them have cooking facilities, and the property is not divided; and that is not permitted in the Ordinance. ~ach of us should be restricted to one dwelling unit on a piece of property. If you want more, you have to divide the property. The applicant is now calling the garage a house. t~. ~tCKEAM: You are denyi~ him privileges some of the other peoDle~hsve and he is not disturbing anything one little bit. If he were putting up a new house that would be something else but there has been no change in here for twenty years. TRECHAIRFLAN: Sometimes we come in here and have three out of five cases of people wishing to enlarge a garage or to put a bedroom in a garage,-and we t~y to be helpful but you have to draw the line somewhere, and. where the line is dra~n~ is where they put in cooking facilities. MR. ~iCEHAM: No one has sho~ua the slightest damage. His next door neighbor is the only one who could be damaged. Bouthold Town Board of~-.-~ppeals -7- ~'~iarch 18, 1971 THE~CHAIR~: This is not a popularity contest. It's a matter~ of where~there ia a variation of the zoning ordinance because of the fact that the man has created a dwelling unit whi6h is undersized and is improperly located on his lot. You can only have one on a lot without a division. ~S. C~R~!N: Many people have been denied by this Board. If one can.~hav~ it, they will all want it. i~. WICK~AM: Bo you want the others taken away? ~S. ~C~RW~: They properly asked if they could do it, and got turned ~own. ~Zt is not fair to turn one man down, with children, and give it to another man. His children certainly can't use that kitchen. TM~. CHAP~iAN: k~e are trying to establish a pattern. any further questions.? (There was no response.) Are there After investigation and inspection the Board finds that the applicant requests permission to convert existing accessory building into one family dwelling on property located ~right-of-way off east side of Ca~p Mine01a Road, EattitUck, New York. The Board finds that the applicant~has established cooking Facilities in an under-sized converted garage which has the effect of establish- ing~ a second resid~nc~ on a single lot. ~ne opinion of the Board is that. the applicant may either attach this garage to the present residence or divide his property and relocate the garage and establish a separate dwelling after the division of the property has been made. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties 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.. ~. Hulse, seconded by ~[v. Gillisp~e, it was _~E~0~VED Rosemary Skye Moritt, ll7 State Street, Brooklyn, New York be DENIED permission to convert_existing accessory building into one'family~dwelling as applied for on property located at right-of-way off east side o£ Camp Mineola Road, Mattituck, New }fork. Vote of the Board: Ayes:' Messrs: Gillispie, Hulse, Doyen. PUBLIC HEARIN . "Appea'l No. 1402 upon application.. 0f. PeSer E. Swahn, Park Avenne, Mattituck,~.New York, for a variance in accordance w~ith the Zoning Ordinance, Article Il-i, ~ection 306, For permission to erect one family dwelling..wSth insufficient frontyard setback. ~ocation of property: south end of Bennett's Pond I~ne, Lot~No. ~, Map of Eouthold Town Board oi'~ ~ppeals -8- I~rch 18, 19?l Bennett's Pond, ~attituck, New Tork. 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~. T~HE CHAIRMAN: ~e have a letter f~om the Chairman of the Planning Board,~ as f$11ows$ ~The Planning Board is'aware th&t a hearing is scheduled at 8:00 P.E., Thursday, March 18, 19?l, upon application of Peter Swahn for a ~ariance For reduced front yard setback on property located at south end of Bennett's Pond ~ane, lot~No. ~ on subdivision map of Bennett's Pond, I~tattituck, N. T.~ This~subdivision ~Bennett~s Pond~, is a new subdivision which was recently approved by~the Planning Board. The Planning Board feels that the BOard of Appeals Should look at this Wry discreetly before granting a variance.~ The lot in question is 12~ feet; 20~ feet ou the west and ~42 feet on the east. The roadway curves inward along the front line. The applicant proposes to place his house 20 £eet back from the circula~ driveway, ~6 feet from each sideline and 129 feet from the rear yard line but there is a swamp there that approaches very close to the rear yard area. CHAIRMAN: Is there any present who wishes to speak for this applicati0n?~ ~. I~F~ENCE' ~ISO, jR.: I am the b~ilder. There is not much more to say.than what is in the application. If he doesn't get a variance, he will be right in the muck. THE CHALR~L~N: How close is the swamp? PA~. LIS0: ~ith the setback, he is only about ten Feet From the swamp. THE C~IRI~IA~M: ~[ou would have to be careful of the foundation. the Reeves~ot. The circle only passes my lot. It does not pass THE CHAIR~: This would place your house back of the Reeves house~eve~ with.a 20 foot setback. Reeves was one of the original o%rrlGrS, ~. S~: Did he get a 23 foot variance? His house is 30 ft. from the curbiDg. THE CHAIRMAN: l~r. Ma~tocchia did not see any need for a variance and~th~y~did not commnnicate that i~ormation to us, and when we inspected it we found that it did need a variance. ~ere was a mixup with the Planning Board. Actually, it seems to me that this is a nice idea. It is too bad they could not put it where there was no swamp. l~. ~AHN: I own it now. Unfortunately, When i bought it I $outho!d Town Boa~ of _._peals -9- ~iarch 18, 1971 did not know there was a 35 Foot setback or I would not have bought it. THE CHAIRI~AN: it was somebody~s idea to save a birch cluster. I~R. SWedEN: There is a tree in the middle of the road. Zf it's a 25 or 30 Afoot setback doe's that take in the overhang of the ~. h~JI~ME: Officially. Thee CHA~2~AN: A 20 Foot setback will let you get the cars off the road. M~. SWA~H~.: It's mo~e than 20 feet. Zt~s ~x or seven Feet From the curb itself. THE CH~iR~: Apparently this was a mix-up in the First place. I think the~purpose OF the Board of Appeals is to adjust. After investigation and inspection the Board finds that the applicant requests permission to erect a one family dwelling with insufficient frontyard setback on property located at the south end of Bennett's Pond Lane, I~attituck, New York. The applicant claims that he ca~t build his planned home to conform to the 35 Ft. setback because the rear of his home would be in the swamp. His lot No. 5 and Rseves~s lot No. 6 are the only two lots that have a swamp in the rear of the property. The roadway curves inward along the Front line of the applicant's lot thereby putting the rear of his house in the swamp. He would like to have the front of his home in a direct line with the Reeves~s home as he believes this co~_formity will give a better appearance to'the area. AFter a conference between the Chairman of the Appeals Board and the Chairman of the Planning Board, the Board Finds that it is in agreement 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 al~_e in the immediate vicinity of this property and iu the same use district; and the variance will not change the character of the neighborhood, and will observe the spitz of the Ordinance. On motion by ~i~. Doyen, seconded by ~.~Hulse, it was RIE~O~VED Peter~. Swabs, Park ~v~nUe, I~iattit~ck, New York, be GEANT~D~permission to erect one family dwelling with insufficient FrOntyard setback on prsperty located at the south end of Bennett's Pond Lame, ~ot No. 5, ~P of Berauett~s Pond, ~Iattituck, New York, as requested, subject to the Following .condition: That th~ building (house) should be placed on the easterly side of the lot. e - Gillispie, Hulse, Doyen. Vote of the Board: Ay s. Messrs: Eouthold Town Board o£ __~peals -10- ~arch 18, 1971 PUBLIC HE~EING: Appeal No. 1347 - i(R~-HE~iHiNG) 8:30 P.M., (1M.D.S. To), upon~ application of- Jame~ ~arner, Pa~l ~int~rs~ and Mark F. ~adaio, l?~ Oregon Road, Cutchog~e, ~New Tor~, fo~.a special exception in accordance with the Zoning O~dinance, A~ticle tIZ, ~ecttou 300, ~ubsection ~ (d), For permission to establish and maintain stables for boarding and riding horses. V~ocation o~ property: land of Domini~k Mavellia,' north side of~ Oregon Road, Cutchogue, New York, bounded north by t~. I. Sound, east by Graphic Arts Management Corp., south by 0~egon_Road, west by Vincent ~fmnoski. 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 CHAIRMAN: The original hearing was held on June 18, 19~0. The action ~f the~Board as a result of the original application For this special' exception was dated June 18, 1970, Appeal No. 13575 (The Chairman read from the original application~as follows:) ~After investigation and inspection the Board finds that the applicant requests permission to establish and maintain stables for boarding and riding horses under the name of Royal Flush Stables on land of Dominick Mavellia, north Side of Oregon Road, Eattituck, New Yo~k. The facilities will consist Of and include the Following: l~ to 2~ horses; sufficient stall areas; 37 acres trail and grazing land; capable staff on premises at all times. THEREFORE, iT ~ASRESODVED James ~arner, Paul Winters, and Mark F. Madaio, ~0~0reg0n~Road, Cutchogue, N~w Tork, be ~RANTED permission for a two year period (subject to renewal) to operate a horseback riding stable north side Of Oregon Eoad,~Mattituck, New Tork, subject to the following conditions: 1. That applicant agrees not to offer h~rses fo~ use south of Oregon Road. 2. That riding area to which thi~ special exception applies be that contiguous to property, and that the authority to ride over this property be reir~orced with written permission." THE CHAIRi~N: ~hat~s the history of this application. ~s a result of numtrous~occurrences which were reported to the Police Department and of'which we have a file here and in which the. Supervisor of the Town was involved, we have scheduled this re- hearing. The ~upervisor was approacHed by the Department of Agriculture in connection with the spread of Golden Nematode which infects the roots of potatos. Fumigating is expensive and a procedure which doesn't always work. W'e also wrote to the Chief of Police asking for a list of complaints; and we wrote to the Deputy Co~missioner of the~Suffolk County Board of Health asking for information they had in connection with the use of the premises, and it is believed that they plan to have someone here. Monthold Town Board o£~-Appea!s -li- March t~, 1971 MR. JAMES L. CORBel: i am here to make a report. THE CHAIRMAN: ~ince you came from a further distance we will call on you first ~hen we get to these who want'to speak ~against~ People have reported seeing horses who seem to be freezing but I .' guess that is not necessarily so if you know something abou~ horses. We also have a petition signed by a number of farmers in the area,~and i am unable to find anything in the files that is ~prow. So, I guess that leaves it up to ~rs. ~a~ner to speak for whatever she and her husband are planning to do,_ The gist of the complaints are against your contio~ance of the operation so if you have anything to say to influence the Board favorably, now is the time to say it. After the others speak ~against~ you will have a chance ~or rebuttal. ~e will treat you as fairly as possible. Z know that two of the ~ellows are no longer there. They are no longer associated with you. So, if the Board were inclined to give you any relief it would be necessary to grant a new permi% to the owners. MRS. CAROL ~ARNER: The other two have been gone since last October. I_really can't say too much other than as far as the horses being out in ~he freezing cold, we did have a shelter for them. They could get out of the wind. ~e have only five horses. We did have approximately l~horses duriDg the winter. We were ~intering horses and feeding them. They were on consign~ent to us from a horse dealer. THE CHAIP~N: Do horse dealers send you horses to hold for them? They loan them to.you? MRS. WARNE~': It was on a credit basis, l~y husband thought we would h~ve ~usiness. Fences were tampered with, wires were cut. We had a lot of trouble with wiring. The horses did get loose many times. Unfortunately, they do go on other people's property. We have gotten rid of all those horses. %Ye now have four horses add a pony. My husband does not want to operate a riding stable. He feels it is not profitable enough. It costs too much to feed horses. At this point he only has these few horses. The pony and two horses~are in the barn, and two horses are in the penin back of the house. He would like to build something on the lines of a split rail fence. We won't let the horses out of the barn. THE OHAIRt~: Are these wires considered adequate? Your husband told me that~some.of the horses got out. I~RS. ~'ARf~R: The wires do not bother the horses. TBIE c~AIR~N: ~o it would seem that an electric fence is not the proper.mWay~to~enclose horses. Eouthold Town Board of Appeals -12- March 18, 1971 14ES. WAR_NEE: My husband doesn,t like barbed wire either. was the.che~apest way, He built a new pen that has three wires on it - not electrified. They, don~t know the difference. T~ Ct~IR~¥~kl~: k~nen I talked to him he made the distinction between his hors~es an~d others. I~qS. W~Rh~ER: ~'e own three. One belongs to a Friend. They buy the Feed. ,. TM~ CHAIRIfAN: You have stalls For all these horses in the east barn? The west_b~arn is shot. You do,ntt make an effort to have a barn door on the north side of these barns. On the old barn the doors are down on the ground. MR-~. ,'~ENER: There i~ a door on the side. As Far as their getting ou~ now, ~there is no way. They can definitely be enclosed iu these stalls. THE CHAIR~L~N: Eow many horses would you propose to operate ~t.,, this season? No riding stable. You would just be boarding horses. ,~ ~. ~ARICER: My husband did not want to take care of horses all winter,,and he spent mo~e on Feed than they were worth. ~bout a month ago he sent them all back to the original owners. THE CHAIPd~: '~ere do the original owners reside? ERE. WAR~: T~e horse dealer came and picked them up in a truck. ~e _had bought them but as Far as Finances go we were pretty low so he said we could keep them until ~p~ing. As · say they are gone now. It's a little easier to take 0are of the Few we have now. The pens in,the front are coming down; they are no good. THE CP&IRI~: One of the problems is the infestation of potato land by Golden Nematode. Even a truck can pick it up from the soil and re-im~est a new patch ef land. That has been a very serious problem. ~!. DO~EN: ~4hat do you have in mind for the use of the land? ~S. ~[~Rh~:~ ~y brmsband doesn't want to have a riding stable. ~e want to keep our horses and perhaps get a boarder or two. ~L~. DO~EN,* To what extent would you get involved? I~R~. ~AEt~: Maybe o~e or two horses. THE cHAiRFLCN: Can you get enough income from that? FFIqS.'~'ARh~R:' ~ husband won't be dependent on that For a living. H~ is working at another job. ~R~UGLS~E: One of our problems has been solved. He is going out of business. Eoutho!d Town Board AD~als -13- Ma~h !8, 1971 I~S. WARNER: He wants to take the sign down. We just want to be peoPle. TI~ CHAIRY~N: As I understand it, you just want to keep several horses_ for. your own use. MR. JAMES L. C(~BiN, ~uffOlk County Dept. of Health: A question for infoz~nati0n, t0U said they have a permit under James %~arner, Paul Winters and Mark Madaio. ~¢as this a corporation? Ho~ could they go about obtaining a permit~ under that name, and ,la, er you said it was dtssolve~? So they have no permit to have horses because we have a lega~l warrant out to a~rest Mark Madaio for when he was operating the place. If we had known of the three, we would have had all three names. ~vA~S. %~ARNER: At the time, the only person residing there was Mark Mad~ aio. MR. CORBIN: It was the riding stable that had the violation. THE C~AIRM~: A~e there any other questions? If not, first I think we should hear from the gentleman from the Board of Health. NE. CORBIN: (Heading from Suffolk County Dept. of Health report to t~. Beckwith from James L. Cg~bin, dated March 2, 19Yl.) 8/3/70 - We received a complaint from ~upervisor ~mrtocchia regarding overcrowding conditions causing a health hazard. We investigated the same day and the inspection revealed no violations of the Euffolk County Sanitary Code. 8/6/?0 - we ~eceived an inspection report from Ym. Howard Terry, Building inspeqtor, and inspected the Sanitation facilities of the entire property. ~ne complaint was thst people were living in the building and making it overcrowded. The stables were locked. It was not t~ue at the time of inspection. 8/18/?0 - Anonymous complaint received regarding improper storage of hors~ manure. An inspection was made on ~/20 and revealed some manure on premises. Another inspection was made on 8/21 and Mr. Madaio was asked to spread manure to eliminate odors. 9/1/70 - Manure piling up higher. ~Ye asked Nm. ~adaio to spread the manure. A letter was sent to Mr. Madaio with a copy to ~upervisor Martocchia. 9/8/70 - Inspection was made. Mr. Madalo stated stables would be closed for two weeks, that all horses would be gone. Manure still present. 9/9/70 - A letter was sent to >~. Madaio urging him to relieve this condition, He had not done so and we were advised by the County attorney to sign legal information. Signed the 8th day ef ~ep~ember, 1970 that Royal Flush ~tables did commit a crime of Amt~cle 3, Section i (b) against people and property of the Southold Town Board o~ppeals -~1t- t~ch 18, 1971 State of New York to wit: 'it is unlawful to create a public health nuisance. It was signed.by Judge Demarest who set it for trial in one week. Upon retur~zng on~9/17/70 the manure was still present. Mr. ~Mdaie had vacatea. On 9/21 information was Signed against ~. Madalo, a warrant for arrest. ~ he returns it could be processed. 10/6/70 - Mrs. James ~arner, new tenant - beginning to clean up stables. ~$. WARNER~ ~ do wan~ to say that as far as the stable and manure problem was concerned, Ma~k Madaio was responsible. My husband went to Supervisor Martocchia withPaul ~inters and explained that he had nothing to'do with it. It was understood that Mark was responsible. As far as the m~nure was concerned, my husband did remove it and it was atrocious. At ~hat time my husband was operating a riding stable in Greenport and he was out of Royal Fl~sh entirely, in August we had moved out of the house- hold and we were living in Southold. THE CHAIRMAN: it's a complicated situation. How is the manure situation now? ~. CORBtN: We were called out again on 12/7. An anonymous complaint bad.been received regarding garbage aBd manure. Inspection revealed many piles present. On 12/ll inspection revealed that manure had been removed but there was still a strong odor. On 12/14 there was another anonymous complaint regarding a dead horse. The horse was to be removed. On 12/16 an inspection was made, andthe horse was b~ried. ~e were called out again in February. We were in touch with Col. Renan urging him to send an inspector b~oause we found it was beyond our jurisdiction as to feed and care. On 2/4 P~. Beckwith received a co~plaint from a group of concerned citizens. Znspection revealed frozen and rotting heads of cabbage, frozen potatoes and mattresses about the property - Manure present in barn and outside the building. & copy of the report was sent to Col. Renan who said he would send an inspector. ~'e made a re-inspection on 2/11. Fne manure had been cleaned out b~t there was still a heavy odor. 2/19 - A complaint was received regarding a dead horse in the stable. An inspection was made and it was revealed that the horse had been removed to the dump. No violation of the Suffolk County sanitary code. A copy of the report was sent to Rodent Control re. exterminating rats. Had permission to put exterminating substance on to kill rats. I can only urge that if a permit is to be issued that it be strengthened with a report from the A.$.P.C.~. as to the correct care of these animals because we have nothing but~a history of violations. Eouthold Town Board oi~_~ppeals -l~- l~rch 18, 1971 T~EE CH~.IRFL~N: ~;hat good would a report from the A.~.C.P.A. do? ~L~. CORBi!.~' ~Ye can only take care of'flies and ~d~nts, but the report .indicators that horses are dying. I don~t know how you would feed an animal. Thatts why I strongly suggest that you get in touch with them to have their report. TB~ CHA~I~: Zs there anyone here from the Department of Agriculture? If not, I think we should hear next from some of the Chairman read · letter addressed people who ~igned a petition. (The ~ to th~ Town Board of the Town of Southold, Attention of Supervisor Martoochia, petitioning the To~n Board to look into this_problem, ~and we respectfully request, that you see to it that adequate safeguards be taken or that this horse stable be closed until the golden nematode problem is finally clearede.) The following names were signed to the petztmon. Vincent Bialeski, Mattituck; Theodore Mysliborski, Cutchogue; Stanley F. Rnthinoski, Mattituck; Alex Zuhoski, Cutchogue; Frank McBride, ~Cutchogue; Jo~ Zuhoski, Jr., Cutchogue; Barney Sidor, Mattituck; Martin Sidor, Mattitu~k; Joseph~F. Deerkoski, Mattit~ck; Peter Deerkoski, Mattituck; Joseph Erupski, ~.ttit~.ck; Sigmend Krupski, Cntchogne; Tony ~vupski, I~L~ttituck;~Joseph Zuhoski, Mattituck; Her~y SYler, Mattituck; John Ruthinoski, Mattituc~; Charles Miska, ,~a~t~tuck; F. Spencer Butterworth, Mattituck; H. N. Baughtore, Mattituck; Otto L. Coring, Mattituck; Frank Z. Danoski, ~at%~ztuc~, Arthur M. Fanning, Mat~ituck; Lewis A. ~flett, Mattituck; Fred Haas, Mattituck; ~dward ~imnoski, Mattituck;[.Her~y Zimuoski, M~ttituck; Robert Leyden, Mattituck; Alex H. Zanuski, Cutchogue; John W. Robinson, Matti~uck$ John Sidor, Mattituck~; Wesley Simchick, Cutchqgue; Joseph Zimn0ski, Mattituck; Anthony Dom~leski, Cutchogue; Her~vy Domaleski, ~Cutchogue; John K~upski, Cutchogue; Vincent Krupski, Cu~tchogue; ~Yalter Funer, Cutchogue.. (The above are the names of 37 owners abed/or operators of active farms~along Oregon Road at Mattituck and Cutchogue, New York.) VINCENT BIAIES[~I: i think the letter .speaks for itself. TEE CHAIRM~N: How serious is this problem? This concerns horses running from one farm to another MR. BiAZEBKI: The 'farm they are on, Royal ~lush Stables, was investigated. ~0n~the Sound, they ride along the .beadle. nd on horse- back. (My farm doesntt run up to the Sound.) I thinks this presents a problem and the Department of Agriculture. sent a representative to see Mr. Martocchia. THE CHAIRM~: I have another letter addressed to the Southold Town Planning .B~oa~rd of Appeals, Attention of ~. Robert Gil~ispie, Chair~man. This letter was signed by 40 residents~.~ mostly the same people. (The Chairman read the letter.) THE CPI~.IRMA~: Does anyone else wish to speak? $outhold Town BOard of ~z~peals -16- I~lal~n 18, 1971 ER. iIE. h~RY Z~'~{0SKI: i~vs. Warner says that there are only five horses. My mother owns.pr0pert~ to the west of this farm (I live on Grand Avenue). i got to my mother's home at six o]clock in.the morning. Before~I could get out of my pick-up she told me to call the Police Department. There were horses loose. That was two or three days ago. ~MR~. WARNEE: They are all in the barn.. you up at six o~clock in the morni~E? ~S. ~ARNER: Zt could not have been our horses. SARGE~T~EI~¥ ~At~ACROSE: ~e have had a considerable number of compl~ts~per~aining mostly to horses being loose. Twelve complaints were received from different farms in the area. We cora_le~ the horses ourselves but had to have some of the far~rs to assist us. Unfortunately, on some occasions we could not arouse anyone in the homestead; either they were not home or Mrs. ~arner was not feeling well so we had to tie up the corral. 0n one occasion it appeared that wires were cut. THE CF~AIRN~: Generally speaking, would you say that was the reason~the hors~s got out? SARGEANT SANTAG~ROSE: No.. ~R~ ~i~JLSE.~ ' ~en~dld you stop renting horses? all the hors~s ba~k. You said you sent ERS. WARNER: The last horses we rented were a month and a half ago. A~..yoBsg girl took the horses out and crossed on someone's land. ~w~. EGT~E: ~[ould that~be on the 21st of Pebruary? Kathy Byrk, Paula Ligu0ri, Lori ADamson. . FA~S. WAR~ER: A young girl came down sometimes to help. She was not emp~loye~d, ~S!~e, ~herself, did not know the boundaries of the property lines. THE GHAiR~N: A number of these complaints indicate that the horses were fou~nd.by~the police which is the cause of the rehearing of this special exception. I don~t think we have any choice in the matter, Mrs. ~arner, other than to rescind this special exception and ask you t~ close up the .stables. T0u violated the principle of keeping horse~ on the property. Ir'would only take one horse to spread golden, nematode. That is the most serious thing aside from the fact that they are a r~isance, and all of these people have given adequate statements. I don~t believe we have any choice but to withdraw permission to operate the riding stable. How long would it take you to get rid of the horses that don~t belong to you? Would ~0 days be about right? ERS. ~gAR~IER: ! guess that would be sufficient. Eouthold Town Board of , ~ -l?- ~_.Dea~s Ma~sh 18, 19?l MR. LLOYD TERRY: I think there have been enough complaints issued. I,~Would lik~ to brio~ ~p a point that has not been brought out. I was at the Police Station on one occasion when an man was out and I s~aw a section in his manual that says that electric fences are illegal even if enclosing cattle. That is a fact, and I know ~s. ~arner said that electric fences were not so satisfactory. How did you ~ire that fence? Is it not wired from the house? WARNER: I believe there is some kind of electric box. I~R~ ~Y: ~Most of these are powered by an impulse system. However, they ~re not legal. I think it's too bad because they have been satisfactory in the past. T~ CHAIRPiA~N:' I don~t believe we have ever had a better - documented case~against anything we have done. It's obvious that this was a mistake and should_ be withdrawn. So,~I will offer ~ resolution withdrawing permission to operate under Special Exception No. 1347. The Board will withdraw permission to board and maintain horses. This has been documented by the Board of Health, the Police Department and petitions from many farmers and residents. We will have to withdraw permission and give you 30 days from today~to dispose of the horses. You are ta!ki~ about horses that don~t belong to TI~E CHALwd~L~N: Yes, dispose of all horses that don~t b~long to you. What. is the.situation regarding the horses for your own family use? l~E~. ~YAR~"R: We have four horses and a pony that belong to us. ${e can't a~f0rd $75.~to beard them. i~iy husband did make a pen in the back and I don~t~ see how the horses could get out. The horses do mean something to us. They are pets. TNE CHAIRI~L~N: The Board will withdraw permission to operate a livery~ stable a~d riding academy, and you will have to keep your own horses on the property and keep the stables clean. Beyond that, I don~t think this Board can go. Are there any other questions? ~. B!AIES~: '~D_at do we do if the horses get loose? SARGE~M~ S~jITACI~0SE: If a horse trespasses on your property, sign _a complai~nt~ and the local Justice will determine the outcome. After investigation and inspection the Board_ finds that the applicant on Appeal No. 1347, dated May 27, 1970, requests permission to establish and maintain stables for boarding and riding horses under the name of Royal Flush Stables on land of Domick Mavellia, north side of Oregon Road, Mattituck, New Tork. It was claimed on the original application that fac~l~t~e will consist Of and include the following: l~ to 2~ horses; sufficient stall areas; 37 acres of trail and grazing land; capable staff on premises at all times. ~outhold To~u~ Board oz~ppeals -18- l~i~rch 18, 1971 The Board finds that the applicant has not observed the terms of the special exception granted on June 18,1970 which were: that applicant agrees not to offer horses~for use south of Orego$ Road; and that riding area to which this special exception applies be contiguous to property, and that the authority to ride over this property be reio~orced with written permission. The Board also finds that the reason for the rehearing has been exceptionally well documented by the Suffolk County Department of Health, the Police Department, and petitions from a great many farmers and residents. The applicant violated t~£e principle of keeping horses on the property. A most serious matter is the spread of golden nematode which can be spread by horses roaming at will from one property to another. The findings of the Board are that they have no choice other than to rescind this special exception and to demand that the applicant close up the stable. The Board set 30 days from today as the length of time in which applicant can dispose of horses other than their own family owned horses. The Board finds that the public convenience s~d welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit o£ the Ordinance will not be observed. On motion by Mr. Giltispie, seconded by ~r~. Hulse, it was RESOLVED James Warner, PaUl Winters, and l~ark F. Madaio, ~0~ Oregon R~ad, Outchogue, New Tork,~be DEN/ED permission to operate a horseback riding stable north side of Oregon Road, Mattituck, New Tork, for the following reasons: The applicant violated the principle of keeping horses on the property. Complaints have been well docuAented by the Suffolk County Department of Health, the Police Department, and petitions from farmers and residents~ ~nis DENIAL is subject to the following condition: Horses that are not zam~ly o~_ed must be disposed ~0 days from today's date. Vote of the Board: Ayes:- }~essrs: Giilispie, Hulse, Doyen. On motion by ~. Gillispie, seconded by M~. Doyen, it was RESOLVED that the minutes of the $outhold Town Board of Appeals Southold Town Board of Appeals -19- March 15, 1971 dated ~b~ary ll, 1971, be approved as submitted, subject to correction. Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, On motion by IH. Doyen, seconded by }~. Hutse, it was R~S0BVED that the next regular meeting of the Southold Town Board of_Appeals will be held at 7:30 P.M., Thursday, ~pril l, 1971, at the Town 0ffice, Main Road, $ou~hol~, New. York. Vote of the Board: AYes:- Hessrs: Gillispie, Hulse, Doyen. On motion by M~. Hulse, seconded by ~. Gillispie, it was RE~0LVED that th8 ~outhold Town Board of Appeals set 7:}0 P.M., (~.E.T.)~ Thursday, April.l, 1971~ at the Town 0ffi~e, Maiu_Roa~,~ Somthold, New York, as the time and place of hearing upon application of Ronald B. Bmsch, Kenn~ys Road, Southold, New York, for a variance in accordance with the ~oning Ordinance, Artib.le IZI, Section ~00, Subsections 6 & 7, Article III, Section 507, and ~rticle IIZ, ~ection 309, for pe~mission_to locate accessory sSructure.(swimming pool) in sideyard area. Location of property: north side of Long.Creek Drive, ~ubdivision Hap of Yennecott Park, ~ot No. ll, Eouthold, New York. Vote of the Board: Ayes:- Messrs: Gi!lispie, Hulse, Doyen. On motion by M~. Doyen, seconded by }~v. Hulse, it was RE~OLV~D that th~ ~outhold Town Board of Appeals set ?:~.'~ P.M., (~.~.T.),~Thu~sday, April l, 1971, at the Town.Office, MainRoad, Southold, New York, as the time and place of hearing upon application Of Lloyd Terry, Main'Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, ~rticle X, Section 1000~, for permission to renew a farm lab.or camp permit granted.~pril 2, 1970. Location of property: south side of Main Road, Orient, New York, bounded north by Mai~ Read, east by ~. _Worolesk~-Latham Bros., west by ~. Latham. Vote of the Board: ~yes:- Hessrs: Gil!ispie, Piulse, Doyen. Southold Town Board of Appeals -20- March i$, 1971 On motion by ~. Hulse, seconded by I~. Doyen, it was R~O~V~Dthat the Southold To~raBoErd of Appeals set 8:00 P.M., (E.SoT.) Thursday, April l, 19'71,-at the Town Office, Main R0ad~ Southold,.New York, as the time and-place~of hca_wing upon application of Nicholas Aliano d/b/a Pond Enterprises, Znc. (Beachcomber Motel], Depot ~ane, ~utcho~e, New York, for a special exception in accordance with-the Zoning Ordinance, A~ticle III, ~ection ~00, ~ubsecti0n 10, for permission to'erect~an off premises directional sign on property of Johu Ermpski, located on north side of Middle Road (CR 27~, Cutchogue, New York, boun~ed north by land of John ~ivupski~ east bY Depot Lane, south by Mmddle Road (CR 27'), west by J. Matiewczyk, and Article IV, Section 408, Subsection (a), for permission to erect an off premises directional sign on the property of Gabriel Komsouros (North Fork Y~nor, Inc.), located at intersection of Middle Road (CR 27) and Sound Avenue, Mattituck, New York. Vote of the Board: &yes. Messrs: Gillispie, Hmlse, Doyen. 0n motion by t~. Doyen, seconded by ~. Gillispie, it was R~OLVED that the ~outhold Town Scald of Appeals set 8:15 P.M., (E.S.T.),~.~Thursday, April l, I971, at the To~n Office, Main Road, Sout~hold, Nww York, as the time and place of hea~ing upon application of ~enal Construction Company, Inc., 394 Hoffman-~Laue, Hauppauge, New.~York, a/c ~lass Honig & wife, ~aters Edge %~ay, $outhold, New York, for a varianca in accordance with the Zonihg O~dinance, Article I~-I, Section 307, for permission to erect one family dwe!ling.~with · red~ced sideyard area. Location of property: south side of ~Yaters Edge Way, ~ubdivision Map of Bay Haven, Lot. No. 52, ~outhold, New York. Vote of the Board: ~y s.- Messrs: Gillispie, Hulse, Doyen. On motion by l~. Gillispie, seconded by ~. Hulse, it was R~SOLVED that the Southold Town Board of Appeals set 8:30 P.M., (E.S.T.),_Thursday, April I, I971, at the Town Office, Main Road, ~omthold, New York, as the 'time and place of he,ring upon applicatton~of Helen V. Raynor, Main Road, gamesport, New York, for a variance in accordance with the ~Zoning O~dnance, ~ticle III, Section 304, for permission to erect new one family dwelling with. frontyard setback. Location of property: Private right-of-way off Southold Town Board of.~ ~_~p~als -21- Ma~h 18, 1971 south side of Peconic Bay B~alevard, Laurel, New York, bounded north by Peconic Bay. Boulevard, east by J. C Mo_fat, south by Great Pec0nic Bay, west by V. Catrow. Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Doyen. On motion by ~tv. Hulse, seconded by ~z~. Gillispie, it was RESOLVED' that the Southold Town Board of Appeals set 8:45 P.M., (E.S.T.) Tnu_sday, April l, 19?l, at the Town Office, Main Road, Southold, New Yo~k, as the time and place of hearing upon application of John Lademann, Pine Neck Road, $outhold, New York~ rom a variance in accordance .w.ith the Zou_ng O~dinanCe, Article' iii, SectiOn 300, Subsection (1) and Article ~[, Section 1000A, 1000B, _ & 1007, Subsection (d), for permSssion to re~-instate use of one family dwelling with less than minimum living area and. reduced side ~ard area, building as been unoccupied as residence fo~ over a two 2) year period. Location of property: north of Pine Neck Road, Southold, New York, bounded north by Cueek, east bY C. G. Smith, south by Frank Zazecki, west by Jos. P. ULrich. Vote of the Board: Ayes:- !~essr~: Gillispie, Hulse, Doyen.. On motion by ~Lv.. Doyen, seconded by Fa. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 9:00 P.M~, (E.S.Ti},.Thursday, April l, 19?l, as the time and place of hearing upon application of Arthur J. Bujnowski, 6 Sur~yhill Place, Huntington, New York, for approv~al of-access over private road in accordance with th~ State of New York Town Law, Section 280A. Lo~ation of p~operty:, private road off south side of Ba~view Avenue or through Gin Lane. (P~ivate Road), Southold, New York, bouudgd by Airam Enterprise~s~ east by Peconic Bay, south by M. D. Dickerson, east by Aram Enterprises.. Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Doyen. Om motion by ~lv, Em!se, seconded by ~. Doye~ ~t was ~ES0LVED that th& Southold Town, Board of ~%ppeals .set 9:1~ P.M., (E.S.T.),~Thursdzy, APril l' ig?l, ~ the Town~0ffise, MainRoad, SouShol~, New Yo~k, as the time and place of he~a~ing Upgn application of E, KeD~aeth Tabor, Orchard Street, orient, New York, for a variance in accordance' with the Zoning 0mdina~ce, Article iii, section 303, for permission to us~e exist~ing farm bu~ildings~for storage for non-farming equipment. Location of property: Southold Town Board of ~ope als -22- l~rch 18, 1971 east side of Tabor Ro~d & north side of 0rcha_~d Btreet, Orient, New Tork, bounded north by Cemetery, ~ast by Cemetery, south by Orchard Etreet, west by Tabor Road. Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Doyen. 0n motiou by Mr. Gillispie, seconded by M~. Hulse, it was R~'~0LVED that th~ ~outhold Town Board of Appeals set 9:~0 P.M., (~oE.T.),~hnrsday, April l, 19?l, at the Town Office, Main~Roa~, ~outhold, New Tork, as the time and place of hearing, upon applica- tion of Albert ~.~Vogt, 2~4 Herkimer ~treet, North Bellmore, New Tork, for a variance in accordance with the Zoning Ordinance, Article iii, Section 30~, and Article X, Section lO00A, for permissio~to set off lot with less than 100 £t.frontage. Location of property: west side of private roa~ (Truman Path), ~ast Marion, New Tork, b~unded north by F~aukEneip~ east by ~ruman Path,~south by ~. Ketcham~ west by Mar~ou Lake. Vote of the Board: Ayes:- I~essrs: Gillispie, Hulse, I)oyen. The meeting was adjourned at t0:4~ P.M. i~'0~e~t '~, G~ll~sp~e~ Jr., 0~nazrman Respectfully submitted, Mar jorie McDermott, ~ecueta~y Southold Town Board Of Appeals