HomeMy WebLinkAboutZBA-07/08/1971 Sou hold Town Board o£ Appeals
SOUTHOLD, L. I., N.Y. 119'71
Telephone 765-25~0
APPE^L BOARD
ME~v~BER
Robert ~. Gilllspi¢, Jr., Chelrm~n
Robert
Charles Gri~onJs, Jr.
Fred Huls~, Jr. --
az3.y 8, 1971
A re~ula~ meeting of the Seutheld Town Beard of 'Appeals was
hel~ at 7~0 'P.~,, ~s~ay, J~ ~, 1971, at the T~ ~tee,
~in Roan, S~hold, New
-There we~e present', l~ess~s. Robert W. *illispie, J~., Chairman;
Robex-t Bergen; aha~les G~Igomis, Jr.; F~ed a::lse, Jr.(arr. late).
Absent: 1~. ~erge Doyen, Jr.
Also ITesent: Fro. ~owa~d Terry, Butl~i~ ~nspecter.
PUBLIC HEARING~ A~peal Ne. 1~39 ~ 7~30 P;I(. (E,D.5,T.), upon
a~liea~ion of~Wla ~nig, ~7~ Vi~ia ~tve, 5~$ho1~, New
fe~ a v~i~e ~n aeco~ee ~h the
~lcle llIs ~ctio~ 30~, fo~ pe~ss~on ~e ~o~tmot
(attached, ~age) to existl~ ~lli~ with i~ficient sl~e yar~
~eat~ of prope~yt ~St si~e of ViCtoria ~Ives 5~hold,
Yo~k, b~ed ~th~ J~s ~en, eas~
s~th B2 Ra~ J. C'e~eXly, ~st By Eig~ed ~ivisiem. Fee
The-Chairman opened the hearl~ by reaelin& the application fe~
a v~l~ee, ~&al ~lee ef he~i~, ~fi~a~ attes~l~ ~e its
~ltcattom l~ the e~f~cial ~wspape~s, ~ notice te the apptie~t.
TH~~= ~s there a~yene present who weshes te speak for
this applieattem?
(There was me response.)
T~CHAIR~At~.= The~e is a medical reason for t~is request
~ealth reasems are ~t'legal reasons. ~n this oase, the
sideyax~Is would be equivalent to the m~;Lm~m requi~ed which Xs 25
feet but eno si~e2ardwould ~e reduced ~r 50%, leaving 20 feet en
one side an~ 5 feet em the other si~e.
~euthold ~oT, m Boa.~d ~
~se w~ add ~o its appellee.
THE CHAIRIng= X will explain what was dise~ssed Before you
a~rivod here. l~edical proble~ms a~e'not legal reasons but we have
always, in the past, leaned over backuard to help peGplo. I unde~-
stand that 1~. Boenig has
1~. ~~= Yes, that is true.
~C~AXRF~= ~m minlmam total stdeyards that are required
total 2~£eet, and after the addition of the attached garage to
~t will ~edace one si~y~d to ha~'ofthe ~in~ ~ sidoy~d
wt~.~duced to ~ feet ~d ~he o~r side---to ~ feet. We
t~y tc ass~e that ~op~ ~ n~t in a situa~ion~e~ p~ of a
~ ~s p~d on the ~tg~2, ~ also t~ to ~r~ it so
t~t ~ople donJt Back out o~ ~o ~he steer.
~. ]~= ~e garage will Be set further Back, l0 or
feet fuFthe~back than.thehouse.
Afte~ investigation and ln~pection the Board finds that
applica~t requests permtssionto construct a~d/tion (attached
g~e) to extst~ dwe~t~ w~th t~flc~ent st~e' ~ ~ea
looa~ om ~ wes~ st~ of YtctoF~a~lve, ~u~hold, ~ew Y~k.
T~ fl~i~ ~ the B~d~e t~t ~plte~t~ls ~se~s a~foct
setBack~ t~ t~ ~ w~d Beset Back~Othe~ ~ to 1% fee~.
T~ total ~e~lmi~ stdey~ would ~ eqaivalent to t~e'~n~nm
Feqm~d of ~ feet, ~ pl~ fo~ ~he ~c~tect~ of t~ ~age
~1~ co~o~ to t~se of t~ ~se. A lm~ ~tve~y to the Ba~
~ ~o h~se u~ Bo i~u~i~s to applic~t:Js ~alth tn sno~
hardship c~oated Is unique a~ w~ not ~ s~ed
of the nel~Bo~Bo~, ~d will observe $~
Om motion by 1~. Gilltspie, seconded ~y l~e. Be~gen~ it was
RESOLVED-Edwin Hoenlg, '$7~ Victoria D~tye, Southol~,-New ~ork,
he GRANTED.permissIon to eonetx~t additi~m (a~tached garage) to
existing dwelling with insufficient side yar~ a~ea en property
located Westside of Victoria D~ive, Southold, New Yo~k, subject
At no time in t~e future may this garage bo converted to
living qaa~tars.
Vote of tho Board: Ayes:-I~ess~s. 6itlispie, Bergen, 6~igonis.
Son, hold Town Board
~io~ ~I, ~ct~on ~03, ~ ~tic~ X, Sec~l~
~ssion ~o dXv~o p~ope~ ~ se~ off lot ~h loss
Ro~, C~tcho~e, Hew Y~k, Bo~de~ ~~
E. A. Ve~n ~'~o., east by J. ~. Wic~a~ s~th
we~ ~y New ~fo~ Ro~.~ Fee paid $~.~.
The Oha~ opened the hea~ing 'by' ~oading the application
for a variance, legal notice of hearing, affidavit attesting to its
lmblication in the official newspapers, and notice, to the applicant.
T~E C~A~,N~: Is the~e, anyone present who wishes to speak
fo~ this application?
lgrr. T. VAlt lgI~, 1~.: I am here to represent liv. Boz~on.
Ym ~Vtewi~ ~his ~te~ ~a7 X ~id no2~ce that t~s
a~ded so~ co~ectton In o~e~ ~e ~lve ~ a be~e~ piet~e.
~ ~11 c~oss off ~he w~d "~don and 2~n t~t 1~ which
G~on p~e~. ~is ae~e~ is-~o~ s~ ac~es. ~ y~ app~e
this application of ~. ~o~s, t~ p~t of ~he G~den
w~ ha~ ~2,$1 fee~. ~ a~y has 100 .fee~ on ~
~gPer~y. ~ wishes to seX1 X00 fee~ ~nd ~e~ain %0 fee~ fo~ a
~t-of-w~y. ~e ~Ve a continent eon~ac~ wi~h ~. ~ ~s.
A~o on the Old ~nse ~ich ~s ~en ~he~e f~ ~y,
It is nice ~ is' not ~ too good sha~. ~se' people
people and ~t ~o ~e~Bilitate it completely wi~h a fall cea~
heati~, p~ip~ ~ e~c~ical w~k. T~y ~nt to ~etain the
~slo qualities as it is the o~tgimaX old f~ house.
~ld like to ~tain 50 fee~ in o~der ~e ge~ ~o tBe fa~
~ ~e~. ~is is ~en~e~ as f~m~ and ~ ~ve no ~mten~iOn
of as~ for ~ suBdiviSion. We si~ ~ ~o p~de access
~o fa~ a~ ~ ~ffec~ ~i~ ~o ~ve it go into the
~oo~ t~t the %0 feet Is mot to he used fo~ bui~ ~poses.
i/my is t_he x, ear lot 107 fee~?
have had to leave enoush clearance ~o the
T~'~A~NAN:~ Is there anyone present who wishes to speak
against this application?
~R. _.t~R. I$ON 0ACE: I OBject.. The~e 'is no need to cut it
down. X ob~ec~ te the ~%0 feet neX~ to me as a read, ay. ~ae~e
T~ OtiA~: Restating .what you said; the proposal is to
sell out f~Om lf~. Eor~om~s p~operty the piece you described he~e.
The piece is roughly 20,000 sq. ft. plus.
i Mouthold 2own B.oa~d Appeals -4- 0lt~ 8, 1971
~oes ovo~ 20 ~o othe~ 1~. ~~ she ~d ~t ~eco~e~, I
don~ ~ow. ~ I a~t ~n~ ~a ~t~-of-wa~ ~x~ ~o ~. T~e
is ~len~ of ~o~ on ~e ot~ si~e ~ ~is house, t~.,s ~o be
so~, f~ a ~i~t-of-~y. _
THE CHAXpuv~N~ Is tt you~ contention that this line is
correct? The 1She between you~ pr~e~y and the H~ton property
is Ident,ified here. (M~. ~ase and the 6'hai~uan dlseussed the line
between the properties and the position of monuments),
MR. CA~: (Re£er~,ing to _=~__p) This piese She gave me but
whether she ever.~ it x, eec~ed,~ I dontt know.
T~E ~.' Did she own it?
~R. CASE: '~e told~me "Don~t mOve-t~". She ~ Otto sm'roy
it and put..the stones in. ~e owned it, she was a Case an~ she
msmrie~ S~ewsmt Ho~ton. .She was m~ £athe~,~ts sister.
Who is the presen~ owner?
1~. WIOF~AI~: Fu~. HOrton is the present owner. The Dee~s
have been ~rsco.x~.ed. He. owns ~own to H~. Case, s lime. They were
acquired by Deed, not. by Will, many yea~s ago.
THE CHA--~: 1~. ~ass, do y~u understand' that ~. Wiekham
state~ that the. parcels ~have ~esn acquired an~ the Deeds recorded?
MR. CAS~= I don~t want a roa~ next to me.
Tm~ CHA~,, H~, Wickhem, do you ca~e to offer any ~e~attal?
I~R. WIOKHAI~' We £eel this is the only logical place £o~ the
right-of-way. ~1~. Case mentioned another place but there is not
· sufficient space.
(1~. James HoOch discussed the ~ap with ~he Boemd).
T~E,~: Do ~9u un~e~s~d,
y~ ~e~k abou~ loeat~ ~ ~d?
~his ~ea ~s been ~dscaped ~ the mor~
been ~ra~fe~ed. Is t~ an~hi~ else you w~ld li~ ~o
MR. WXCt~At(= 1~. Horton has complete ownership, the whole
pamCel.
TBE C~AIH_~/{: In spite of ~he ob.ice, ion, I will offer a
resolution to gw~ant as applied"for. I might explain to H~. Case
that these people have a perfect right ~to put the~ road whsre~ex,
they want it. It~ s their property. That small parasol ~eu spoke
of was trans£er~e~ soma yesms ago. Thank you for coming in.
Town Boaa, d ~ Appeals
-5-
After investigation and inspection the Board finds that
si~e of ~w ~fo~ R~d, ~c~gue, N~ Y~k. ~
of the B~ ~e ~ appll~t ~shes ~o sell ~
9n his ~ope~ ~ ~eta~n a f~ontage of~O feet for access
~t~en ~ Ro~ ~ his t~act. ~pl~c~t has c~a~ted
se~-mos~ ef his f~ontage ~e ~o~ A~b~o and J~t A~b~o, his
w~e, bu~ ~shes ~o ~e~aln ~0 f~ on ~ Sou~ly~p~lon so
~ he ~t have a ~lgh~-~-~y to t~ ~e~i~e~ of his
A~lie~s p~ope~ is t~ on~ eno In ~ioh a ~ge t~act
~olved ~d to ~toh he mst ~ve access. T~
does not c~a~e ~ ~oel ~th a ~o~age of less t~n lO0 feet.
would, produce p~,actieal difficulties o~ ~eooss~
the ~s~p c~ea~e~ 2s ~i~e ~d w~ld no~
p~ope~ties alike in t~ i~la~e vicinity ~f t~s property ~d
in ~he sa~ ~e distric~; ~d t~ v~iance ~11
c~ac~e~ of ~he ~i~o~ho~, a~ will ~se~ve
the ~dina~e.
On motion by ~. Gillispie, seconded by tim. Grigonis, it
R~$OLVED Jame~"Ho~on, New ~ff~ R~d, ~a~hogue, New
Yo~k, ~ ~' ~sslon ~o divi~e P~OPe~Y and se~ off
lo~ ~h ~ss. ~n lO0 foo~ f~o~e on p~epe~ lo~ated east
si~e of-NeW ~fe~ Ro~, ~utche~e, New Yo~k, smbject te t~
That Applicant agl~ees t;_.__~at ~0 foot right-of-way may never
be used for residential purposes.
Vote of the BoO.i= A~es~- liessrs. Gillispie, Bergen, Grigonis.
upon tpplteatton., of Reese
'I~-~broOk, New Ym~k, for a
the Zoning O~di~,noe, A~iole III, ~o~lon 300, 9,
fo~ ps,tis!on ~o e~eo~ ~m p~e~seSove~-aiz~ stivisio~
iden~ifioa~ien s~. ~Ooa~lon of p~ope~y: ea~ side of N~h
Road to Ba~lew,. S~ld, New ~o~k,~ .bo~ed no~h~ ~
F. & R.'~o'~ & ~ A.'~ eas~ by°thor ~d of..t~
s~th By..L;' ~on, Ba~lew Woods Ss~ates su~lvtsion, ~d othe~
~ of t~ applic~t, ~st ~ No~h Ro~ to B~iew. Fee ~td $~.~.
T~ C~i~n opened the ~img by ~ading t~ application
fo~ a. special exception, legal ~ttoe ef hea~i~, ~fidavit at~esti~
to its publication ~ the official news~pers, ~ notice to the
applio~t.
- 8OUthold Town Boar~--~f Appeals -6-
~ ~ly 8, 1971
T~ C~A~.. Is theme anyone p~esent who wishes to speak
for this applie&tion?
I~R. ~R~ REES~ We ~t t~t the sign ~s in ~*lation
of the set~ek~qut~e~ts ~ t~s si~uation will ~e co~ecte~.
I ~ve a plet~e of t~s~n he~. ~ were tn e~o~ as f~ as
size ts eo~d, a~ ~ womSt M~ this e~o~ again. ~se
si~ only ~st ~o ~ t~ee ye~s.
~' ~~ T~se ~e pl°t sig~. I thl~ y~ n~4 ~00 feet
of ~e~ ~entage to ~ve this t~ Of si~. lt~,s a ~tted use
But ~equi~es ce~ta~ c~ittons. (T~ ~~ ~ead s~ ~equ~e-
~nts). E~ d~s t~s a~ te y~ p~ope~t~
~. ~ Xt w~ld apply ~'twe Of them. ~ t~ et~ o~,
the f~enta~ is 100 feet ~ut the dist~ce to the next si~ Is
1,000 feet.
'~ C~~ De y~ ~ve 500 fee~ on the scutB~st ee~e~
ef Wi~J~ ~ive~
~. ~ We have~?00 e~ 8~ feet.
~ 0~~ 2~ s~lX~ve to be ~uce~ te'~f~, x 6 ft.
in pex~nissiBle on a 500 ft. frontage. It ~would not be pemuissiBle
on a 300 ft. f~n~a~.. ~e ~ou ~ve ~ ft. to ~00 ft. a
~ f~. x 6 ~. s~ is pe~sstBle. ~ps you e~ld t~ a
little off the ~i~t. T~ sign ~. to
ove~-all.
I~R. REE~E~ I could.taKe six oF eight inches off the right
and lef~ sides, ~ tlx~ee inches off the top and'Bottom. I
womld like to keep the pict~e of the lighthouse.
F~. GR~G~I~XS: I was intrigued with the colo~. I like the
sign.
of sign.
I ~hink y~tt should be connuended on th~s t3~pe
I~. RE~S~'.' ~ppose I' trim them and yea ~etnspect them, and
we will set them back 35 feet.
Afte~ inves~lgatien amd inspection the Boa~d finds that
applicant ~equests PoA~Ission to e~ect on pre,sos ove~-slze~
sa~dt~sl~n i~nt~ieation sign on p~ope~y loca~ed ea~ si~e
of N~h R~ ~0 ~lew, S~o~, ~ew Xo~k. The B~d finds
~t applic~ ~s t~ ~eqai~ed ~unt of r~ ~ont~ fo~ ~his
ty~ Of sign; alth~, the st~ is ~oep~lo~l~ a~active, It
~11 ~ve to ~ out d~ to t~ ~eqat~ed size Of ~ ftx 6 f~.
~ ~ se~ Ba~ f~ ~ ~oad the ~e~i~ed dist~oe of 3~ feet.
South~ld Town Boa~d of A, ~als -7- , July 8, 1971
The BOard finds Shat She public ~onvenience and welfares and
Justice will be served and the legally established or per1~itted use
of n~ghborhoe~ properSy ~ adJo~nt~ use districts will net be
pe~nen~ly or substantially inj~ed and ~ spiri~ of ~e ~di~nce
will ~ obse~d.
On motion bY ~r. Gfllis~ie, seconded by Nr. Bergen, it wa~
RE~OLVED Fred~ and'Ha~o~ Reese be GP~2~TED special exception
en premfse~ located east side of Ne~th Road to Bayview, Seutheld,
New York, sabJect Se the fell,wing send,ions:
The sign to be set back 3~ feet from North Ba~lew Road.
The sign Se be at least 1~ feet elf the s~m~he~ p~operty
line of N~' Reese, and 10 feet off the northern p~operty
line ef Nm. Adamson.
The sign So ~e ~edueed in size te ~ sq. ft.
Vo~e of the Bosmd:
Ayes:-Nessrs. GillisPie, Bergen, ~rigonis~
PUBLIC HEARING:~' AppeaINo.~l~2 - 8:15 P.M,. (E.D.S.T.), upon
application of Harold and~ed Reese, 8%5_~un~ise ~ig~y, ~ynbrook,
New York, for a special exception in accordance with the Zoning
(k~dtnance, Article III, ~ec~ion 300, ~ubsectien 9, for permission
to erect on premises.ove~-sized subdivision identification sign.
Location of property: southwest co~ner cf ~indJammer Drive and
Anchor Lane,'lot no. 6 of Harbor Lights ~states, Section i,
$outhold, New York. Fee patd$5.00.
The Oha~ opened the beaming by ~eading the application
f~ a special exception, legal notice of hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
After investigation and inspection the Board finds that
applicant ~equests permission to erect on Premises over-sized
Shat applicant has the require~ amount of road frontage for this
~.ype of sign but the sign must be out down to a maximum size e~
24' sq. ft. an~ be set back at least 35 feet from Windjammer Drive
and Ancho~ Lane.
TheBosmd finds Shat She l~mblic convenience and welfare and
Justice will be served and the legally established e~ permitted
useof neighborhood property and adjoining use districts will not
be permanently e~ Substantially inhumed and the spirit of the
Ordinance will be observed.
Sou~hold Town Boa~d~=2 Appeals
-8- , ~ .~uly 8, 1971
On motion by._N~. Gill!spic, seconded by ~, Grigen~s~, it was
_ RE.~OL. VED_~ed and H~0IdReese, 8%5 ~i.se Iti~ay, Lynb~ook,
New zor~, ~be .GFJ~NTED sDeemal excep2ion on P~m~ses locat'ed~ sou~h-
west c~x~ne~ o£ l~tndhamme~' Drive and Anoho~ Y~ane, $outheld, New
tferk, subject tO the followi~ conditions:
The sign~ t° be set back ~ £ee~ from l~i~ammer D~Ive and
Anchor ~ne.
The s!~ to be reduced to a maximum ~ize
Vote o£ the Boa~d: Ayes:- F~ssrs. Gillispte, Bergen, Grtgonis.
* .
' i~YB~O HEARING:" AppealNo. !~)~)'~3 ' 8:30 p.M, (E,D;S,T.), u~on
application of.Ea~o!d ~d Fred Reese, 8~%~ Su~Ise Ei~way, L~rook,
New Yo~k, for a special exception~ in accd~d~ce with ~he'Zon~
~dt~nce, ~ticie ~ ~ct%on 300, ~bsectiom 9, fo~ pe~ission
~o ereo~ on p~mises ove~-siZed smbdivlsion identification sign.
~oatfon of propertY: no~thea~ cOr~e~ o~ North Ba~iew Road ~d
B~igantine Drive, to~ no. 63 of Ha~bo~ Li~ts Estates, ~e$ion
III, S~thold, New York. ~ee paid $~.00.
The 0hairman opened the hea~ingby readimg the application
for a special excep~ion, legal no~i~e of hearing, affidavit
attesting to its publication in the official newspapers, and
notice to the applicant.
After investigation a~d inspection the Boa~d finds
applicant requests permission ~o oreo.t, on premises over-sized
subdivision identi£ioation sign on property located northeast
corner' of No~Jh Bayvie~ Road and. Brigantine Drive, lot no. 63
of Ea~bo~ ~i~h~s Estates, ~e~ion XXX, Sou~ho~, New Yo~k.
~e Bo~d fi~s ~ ~he-applican$~ .~s ~he ~eq~i~ed a~un~
~oad f~ontage fo~ $~$ ~e of sign bm~ ~t ~ sign
be cu~ do~m ~o a ~i~m Size ~f ~ sq. ft., ~d Be placed
3~ feet ~om North Ba~lew A~e amd 10 fee~ f~ B~igan~e Road.
The Board finds that the public convenience and welfare and
Justice will be served and the legally established or permitted
use ofneighberhood, lr~Ope~ty and adjoining use districts will nc~
be pe~manentlyor substantially inju~edand the spirit of ~he
O~dinance will be observed.
On motion by 1 fy. Giltispie, seconded by ~. Bergen-, it was
RE~OLVEDI~ed and Harold Reese be ~2EDspecial excep-
tion on-premises located northeast corner of-NorthBayview Road
a~d Brigantine Drive, Southold, New York, subject to the
following conditions:
$omthold To~rn Board---~ Appeals
-9-
July ~, 1971
The sign to be set back 35'feet from North Bayview Avenue;
10 feet from Brigantine Road.
The sign to be reduced to a maximum size of 24 sq. ft.
Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Grig~mis.
r Following isthe action of the Boamd on REHEAR~G (onthe
Boaters motion) hold'-at 8:~% P,M. (E,D.S.T~) on June 17', 1971.
STRONGNARINA - ~ehea~ing on 1958,1~19~9 and. 1966~Aetions.
APpeal No.~126, Peter K~eh, Jr., Appeal No. 237, Peter K~eh, Jr.,
Appea~ No. 825, David S. Str~ng, Oam~ MineolaRoad, Mattituck,
New York:
By investigation ar~t pmblie hearing the Bea~d dete~mined the
following facts pertinent to the decision:
A ~ehearing comeerning the STR~~INA, James '~reeE,
Eattitack, New York, was held partly because of misunderstanding
ef fe~ actions and in order to make cleam precisely w~at
activities may be permitted, in the eo~lmct of the maminabusiness,
in view of ~he gTow~h of boating and ~esidential construction in
the a~eA. The Boa~d notes the complaint addmessed to the
~upervXsor of the Town of Southold'by the Salt Lake Village
Association, Inc. Neither the T~wnBoard or the Board of Appeals
are enforcing agents of the Zoning Ordinance. This function is
performed by the ~ildtng Inspector.
~r questions posed by the Salt Lake Association concern
advertising and building pe~mits. ~heBoSmd of Appeals does not
contro~ the advertising of the ~trong Navina. At the time the
second accessory building was ctnstz, acted, approximately 1960,
a building permit was not required~for acOessoz~yb~ildings.
This was disc~ssed withPeter F~eh, Jr.'(prevlous owner) and
noted in the minates of October 27, 1960. it is pertinent here
to review briefly the history of this mamina.
A small marina-type use existed at this location prior to
the passage of the ~ontng Ordinance in 1957.
with aneilla~yfacllttiew in 19~8 and 1959.'
structure for the storage ofbeats was denied, an actionwhich
was supported in the higher courts. Nearby marinas a~e several
miles distant, and the need for this facilit~y has been demonstrated
by f~equent rescue operations as a result of calls fro~ the Bay
Oov~table. The marina is ~egarded as being unusually adequate
in size and is well protected from ordinar7 weather and tide
conditions.
A long time policy of the Town of Southold has been to
enco~.age summer visitors and leisure activities, a policy whose
importance to the Town has been documented over the yesms by
Ra2-i~nd & Nay (zoning consultants), ~ornell Unl~ersity, and the
Suffolk County, Planning Department, amo~4~ others.
Southold Town BoSwd o~ -.~ppeals -10- July 8, 1971
The policy was recognized in the original Zoning Ordinance of
1957 by Pe~Xtti~ the con/luct of a marina business in She A
Residential ar~t Agricultural Zone by ~ecial ~cep$1on of ~he
Boa~ of Ap~a~, s~bject to ~he guid~ce criteria se~ fo~h in
the ~di~nce cence~ni~ actions of ~e Bo~d of Ap~als.
It should' also be pointed out that a Board of Appeals empowered
to grant Special Exceptions is required to grant a special exception
where the applicant can reasonably be judged as having met the
standa~is required for such exceptions.
At the public heaving ~hich was well attended by an estimated
60 to 75 persons, concern was expressed by some individuals regavding
the extent of ~bustness and commercial activity" while-others
indicated objection to the storage of boats. MAny others indicated
substantial approval of the manner in which the ,marina has been
conducted, and several hunCved ~tattituck residents signed a
petition indicating their approval.
In the opinion of the Boemd the principal question, which has
been raised oonoex~as whether or not ~he ~trons 1/a~ina now has the
right to store boats on marina land when not moored in marina waters.
The Board denied pe~ission to oonstr~ot a storage building in 1966,
a prohibition whioh was upheld in higher cou~ts. However, the
Board believes that a special exception granting permission for a
mavlna ~ich involves the mooring of boats in the waters of the
marina ca~ries with it ~he right to acoomodate these boats by
safeguarding and storing them on marina land, unless a condition
has been imposed in the granting of the special exception which
prohibits such a use. 1/any boa~iowners do net have adequate space
on their own property. No such condition was imposed either in
1958 or
~he word "l/a~ina"~ is defined in the ordinance in ~ffect in
1958 & 1959 as.follows, un,er Article I', ~ectfon I~0, subsection
17A - .~ .~F~RI~A ~H B~ ~: AmY p~emises c~taf~i~ one er m~e
pte~s,'.~a~ves, docks, bn~eads, buildi~s, slips, basins e~ l~d
unde~ wa~ designed, used ~ in~e~ed to be used ~lm~i~
doo~ng, mo~i~ ~ acc~oda~ion of boats for c~pensation, whe~he~
compensation is ~i~ directly o~ ind~etly." B~s ~ve always
been s~ed on the lands ~jelui~ L. I. waters, ~d beats
c~ren~ sto~ed t~hou~ the Town on ~he ~esidential
of ~e~s. The ~$trong N~inm accede appears unusually adequate
fo~ s~orage pu~oses. ~r se~lces which have been pelleted
for t~ users of the ~i~ ~e reg~ded as minimal conveniences;
$~se ine~de fresh ~e~, the sale of gasoline, motor and boat
se~viee, fishi~ tackle, bat~, sof~ ~i~s and s~wic~s
~chines housed in ~he ~o s~ll accesso~ buildi~s.
· he Board finds that ~he poli0y of ~he Town of Southold has
been to encourage leisure activity; that the purpose of Permitting
a marina business by special exception in a residential~ zone is to
provide a boating facility for recreational use subject, however,
to controls d~signed to eno~_,_~age marine uses reasonably compatible
with the surrounding use a~ea. Th~ Boavd in~erprets this to mean
that a marina business may be so conducted un, er the original
Eouthold Town Board o~_~Appeals
-il- ~ly 8, 1971
0rdinar~e together with a limited range of incidental but necessaz~Y
services directly related to the accomodation of boats moored or
stored in the marina,
~ Board finds that the public conventer~we and welfare and
justice will be served and the legally established or permitted
use of neighborhood propez~y and adjoining use districts will not
be permanently or su'ostantiall~ onJured and the spirit of the
O~dinance will be observed.
On motion by 1/v. Gillispie, seconded by ~Wlv. Grlgonis, it was
RE~OLVED Davi~ $. ~Etrong, Oamp Mtneola Road, Mattituck, New
York, be GRANTED permission as follows:
I. The o~iginal actions of the Board in 19%8, 1959 and 1966
are reaffirmed and additional specific conditions are hereby imposed
to clarify what is meant by ,accomodation of hearse:
A. Permission is hereby GRANTED for open storage of boats
up to ~2~feet in length in the area between the newest accessory
buildir~ and the recently constructed Strong residence. No boat
shall be stored closer than 25 feet to any property line, and the
maximum occupancy of the marina shall not exceed 100 boats at any
one time, whether boats a~e in or ~At Of the water for safekeeping
or othe~ reason.
B, Permission is formally GRANTED for the following minor
services to be furnished to users ef the ma~ina: fresh water, sale
of gasoline (already permitted), minor motor~and boat repair, sale
of fishing tackle, bait, and soft drimks and sandwiches from the
old accessory building. Permission is specifically D~NIED to
operate a restaurant as defined by the Boa~d of Health.
0. No buildim~ permit may henceforSh be issued for additional
cons~rmctlon of any kind related to marina use on this property
withemt the specific auth~ization of the Board of Appeals in
w~itlng.
2. The Board reserves the right to review and evaluate all
uses which have been permitted to date in order to insure their
compatibility with the surrounding use a~ea under the reasoning
set forth in this decision.
Vote of the Board: Ayes:- Nessrs. Gillispie, Bergen, Hulse,
Grigonts.
A motion was made by N.~. Gillispie and seconded by
G~igenis that the Board approve display of poste~ for the
Outchogue Fire Department Parade and Drill on JUly 2~, 1971,
and for the display of poster for Chicken Barbecue on August
28, 1971, and that the Board reply in the same m~nner as in
the past.
Vote of the Board: Ayes:- 1/essrs. Gillispie, Bergen, Hmlse,
G~igonis.
Town Board ox 'Appeals -12- ~ly 8, 1971
A motion was made by F~. Gill!spie, seco~ded by !~m. Bergen
that the Board approve display of poster of American Legion
Southold - Unit 803 - Griswo]A-Terry Glover for Antique ~tea
Market on August 1, 1971, and tha~ reply to A~ertcan Legion be
~he same as in the past with the understandin~ tha~ posters be
removed immediately after the event.
Vote of the Board: Ayes:- Hessrs. Gil!ispie, Bergen, Hulse,
Grigonis.
On motion by 1/r. Gillispie, seoonde~ by 1/v. 6rigonis, it was
RE~OL~ED that the minutes of the Sou~hold ~own Board of
Appeals ~ated J~ne I7, 1971,. be approve~ as submitted, subject
to cor~ection on Page 2%: Substitute word "close~ fo~ "adjourn".
Vote of the Board: Ayes:- Messrs. Gi[lispi~, Bergen, Hal~e,
Grigonis.
0nmotionbyN~. ~rigonis, seconded by F~. Bergen, it was
RE30~VED tha~ the next mee$ing of the Southold Town Board of
Appeals be held at the Town Office, Main Street, Southold, New
York, at 7:30 P.1/., Thursday, July 29, 1971.
Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse,
Grtgonis.
On mo~ionbyN~. Hulse, seoonded byl/v. Grigonis, it was
HF~O~VED t~t the Sou~hold. Town Boar~ of~iAppeals se~ 7:30
P.~. (E~.T.), T~s~ay~ July ~, 1971, at ~he T~'O~ice,
~in Road,.S~ld, New York, as
upon applica~ion o~ ~ol~'~e~, ~ill O~eek~i~ · ~eadow~ne,
S~hold, New Yo~, ~o~ a v~i~ce tn acco~d~ce wi~ ~he Zoni~
~di~nce, fo~ permission ~o cons~c~ addition ~o exis~i~ dwelli~
~h ~ednced fron~a~d so,back. LOca~ion of p~operty: southeast
co~ner of ~ill ~eek Drive ~d ~adow'~ne, Sou~hold, NeW~Yo~k,
b~ed ~h~ ~reek D~ive, eas~ by Robe~ P. Auld, south
by Hill 0~ek, wesley ~adow~e.
Vote of ~he Bo~d: Ayes:- ~ss~s: Gilltspie, Bergen, ~lse,
Grigonis.
Southold Town Board ~J Appeals
On motion by Nm. Bergen, seconded by Mr. Hulse, it was
RESOLVED that the $outhol~ 'Town Board of-Appeals set 7:45
P.M. (E.S.T.}, Th_,_rsday, July 29, 1971, at the Town Office,
Main Road, .~outhold, New ~rk, as the time and place .of-hea~ing
upon applica~ion of Nau~tc~-'0ooke, 286 Park Lane, }/assapequa
Pamk, New York, £or a variance in accordance.with the Zoning
Ordinance, Article Iii, Section 306, for permission to oo_~tzwact
new one family dwelling with insufficient front Yard seSback.
Location of proper~y: souShWest oo~ner of Channel Lane and Ole
Jule Lane, 1/aSSiSuck,'New York, bounded north by Ohannel Lane,
east by Ole Jmle Lane, south by 0haoles Rivolta, west by canal
(James Creek).
vote of the Board:
Grigonts/
Ayes:- Hessrs: Gillispie, Bergen, Hulse,
On moSion by Er. Grigonis, seconded by Nr. Hulse, it was
RESOLVED that She Southold Town Board of Appeals set 8:00
P.M. (E.S.T.),'Thumsday, July29~ 1971, a~ the Town office,
Main Road, ~outhold, New York, as the time and place of'hearing
upon application of James Kiernan, %8-15 217 Street, Baystde,
New ~o~k, for a variance in accorda/ice wish the Zoning Ordinance,
Article III, Section 307, for permission to construct new one
family dwelling with insufficient side ~smd area. Location of
p~operty: wes~stde'of B/mob Road, Southold, New York, bounded
no~thbyP. Dalyanls, east by Blrch Road, south by $. Smith,
west byP. Delyanis.
Vote of the Board: Ayes:- Messes: Gillispie, Bergen, Hulse,
Grigonis.
On motion by N~.~Gillispte, seconded byl/r. H~!se, it.was
RE~iHiFED ~ha~ ~he~ou~hold'TownBoard of Appeals set
P.M. (E.S,T.)', ~numsday, July 25~ 1971, ~t the Town Office, .
N~in Road,.s~hold, New York, as the time and place of hearing
uponapplica%ien of R~chard Hummel, NOrth 0akwoo~Road, Laurel,
New York, for a variance in accordance with the Zoning
Ordinance, A~ttcle III, Section 303, and Am~icleX, Section t000A,
fo~ permission to divide property and set off lots with less
than'lO0 f~. t~ontage. Location of property: east side of
OakWood~Road, Lot No.?s, 49 and 59, Fmp Ne. 212, Laurel Park
~ubdivlsion, Laumel, New York.
Vote of the Boa~d: Ayes:- 1/essrs: Gil!ispie, Bergen, Hulse,
Grigonis.
~ou~hold To~n Board ~f Appeals -14-
~ly 8, 1971
The ~ee~ing was adjourned a~ 9:4% P.M.