HomeMy WebLinkAboutZBA-04/06/1972 APPEAL BOARD
MEMBER
Robert W. Gillispie,..Jr., Chairman
Robert Bergen
Charles Grigonis, Jr.
Serse Doyen, Jr.
Fred Hulse, Jr.
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 11-9'71
Telephone 765-26~50
MINUTES
~0UTHOLD TOWN BOARD OF &?PEAI~
April 6, 1972
A regular meeting ef the Southold Town Board of Appeals was held
at 7:30 P.M., Thursday, April 6, 1972, at the Town Office, Ma~u
Road, Semibold, New York.
There were present: Messrs: Robert W. Gillispie, Jr., Chairm~n;
Robert Bergen; Fred Hulse, Jr.
Absent: Mr. Charles Grigonis, Jr.; Mr. ~erge Doyen, Jr.
Also present': Mr. Howard Terry, Building Inspector.
PUBLIC I~R~G: Appeal No. 1511 - 7:30 P.M. (E.D.S.T.), upon
application of H. M. Demarest & ~ons, Main Road, Orient, New York,
for a special exception in accordance with Article III, Section
300, ~ubsectien B-8, for permission to renew farm labor camp permit
for yea~ 1972. Location ef property: south side of Main Road,
Orient, New York, bounded north by Redden, Miller & others; east
by land of the applicant; s?ut~ by Narrow River Road; aud west by
Freeman and others. Fee pa~d $15.00.
The Chairman opened the hea~ing by reading the application for
a special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspapers, and uotice to the
applicant. ~
TEE OH~RM~N: Is there anyone present who wishes to speak
for this applzcat~on.
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
S~uthold Town Boa~d of Appeals
-2-
Apr'fl 6, 1972
(There was no response.)
After investigation and inspection the Board finds that
applicant wishes to renew labor camp permit for the year 1972.
The camp is located en the south side of Main Road, Orient, New
York. The Board agrees with applicant that no changes in the
camp are necessary at this time.
Th~ Board finds that the public convenience and welfare and
Justice will be served and the legally established or permitted
use ef neighborhood property and adjoining use districts will not
be permanently er substantially injured and the spirit of the
Ordinance will be observed.
On motion by N~. Bergen, seconded by I~o Hulse, it was
RE~OLVED H. M. Demarest & Sons, Main Road, Orient, New York,
be granted permission to renew farm labor camp permit for a pe~Iod
ef one year as applied for.
Vote of the Beard: Ayes:-
Messrs: Gitlispie, Bergen, Hulse.
PUBLIC HEAREG: Appeal No. 1510 - 7:40 P.M. (E.D.S.T.), upon
application ef Robert A. Hunter and Grace M, Hunter, Main Street,
~euthold, New York, for a variance in accordance with the Zoning
Ordinance, A~icle III, ~ectien 301, for permission to divide
property and use as single lots. Location of property: Main Road
and Bouth Harbor Read, $outhold, New York, bounded north by Main
Road; east by Mouth Harbor Road; south by A. Goldsmith; and west
by M. ~rozenski. Fee paid $15.00.
The Chairman opened th~ 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 CH~iRM~N: Is there anyone present who wishes to speak
for this application?
RENS~EI~ER G. TERRY, ESQ.: I appear to solicit your approval
of this application. M~. Hunter has a bonafide purchaser consisting
ef members ef the same family. The Mother wishes te put a small
bungalow on Parcel 2 and the children wish to reside in the building
on Parcel 1. The transaction is conditioned upon the seller obtaining
s~ch approval. I think in view of the dimensions it would not violate
the spirit ef the Ordinance. i think the application mentions that
there are ~wo houses scross the street with approximately the same
area.
THE CH~.!RM~N: Will the parcel be divided.
MR. TER~¥: Yes, the ownership will be transferred te two
teutheld Town Board of Appeals
April 6, 1972
separate persons. It is presently owned by Mr. and Mrs. Hunter.
The prospective pu~chaserts name is Mrs. Mitchell. Mrs. Mitchell's
daughter and son-in-law would occupy the house.
THE CHAIRMAN: Is there anyone else present who wishes te
speak for this applleation?
(There was no responseS)
THE C~IR~N: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to divide property and use as single
lots. The location ef the property is Main Read and ~outh Harbor
Road, Southot~, New York. The findings of the Board are that the
resulting tot sizes will be in conformity with ether parcels ef
property in the immediate vicinity. The Beard agrees with the
reasoning of the applicant.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hardship
created is 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 does observe the spirit of the Ordinance and will
not change the character of the district.
On motion by Mr. Gillispie, seconded by Mr. Berge~ it was
RESOLVED Robert A. Hunter and Grace M. Hunter, Main Street,
~outhold, New York, be GRANTED permission as applied for to divide
property and use as single lots on property located at Main Road
and South Harbor Road, ~o~thold, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
PUBLIC P~RING: Appeal No. 1512 - 7:50 P.M. (E.D.S.T.), upon
application of Ollie Mo Overten, Main Read, Somthold, New York,
fo~ a variance im accordance with the Zoning Ordinance, Article III,
Section 301, for permission to set off lots ef 100 ft. frontage
and less than 40,000 s~. ft. a~ea. Location of property; south
side Terry Lane, ~emtheld, New York; bounded north by Terry Lane,
east by E. LaFreniere; south by ~utheld Bay; and west by other
lands of the applicant. Fee paid $1%.00.
The Chairman opened the hea~ing by reading the application
for a variance, legal notice of hearing, affidavit attesting te
its publication in the official newspapers, and notice to the
applicant.
Town Board of Appeals -~-
April 6, 1972
THE C~IRMAN: The application is accompanied by a survey
of Van Tuyl dated Janua~ 26, 1971 indicating that applicant owns
a parcel of approximately 627 feet on Terry Lane with a dePth of
300 feet plus or minus, and the applicant has 6~5 feet along the
high water mark. This proposed minor subdivision is divided into
100 foot Dlots by approximately 300 feet which creates lots about
25% to 30% under size based on present Board of Health and Town
requirements.
THE CNA!RNAN: is there anyone present who wishes to speak
for this application?
REN$~EIAER G. T~Y, E~Q.: t appear in behalf of 01lie M.
0verton for approval ef this application. Mrs. 0verton has
entered into two bonafide contracts which were made last October
at a time when the proposed m~nor subdivision had been under
negotiation and I believe was being held up p~nding her satisfying
the Plannimg Board that she would enter into some agreement with
the Eouthold Park District to make available some area of this
property. These two parcels represent the easterly-most part of
the prope~y and it is my feeling that because of the nature of
the developments across the street that the most beneficial use
would be to have it in 100 foot lots.
Also, I, personally, am interested in seeimg that the
$outhold P~rk District acquires some part of this property. They
presently rent part of it and I feel theft F~s. 0verton is dis-
posed to let the Park District have some par~ of the property,
and I feel that i~ this arrangement can be approved, she would be
mere reasonable toward the Park District. I believe that if her
husband were living a larger tract might have been negotiated.
X feel that this division of these two easterly 100 foot parcels
leaves a tract that would still be available if the Park District
wanteO that much and I have attem~pted to assure the Commissioner
that they would have an opportunity to purchase it. I think the
size of the plots across %he road really discourage anyone building
ena larger area. The two people who wish to buy are anxious to
build separate residences and the buildings that are on there now
would be demolished.
T~ ONAIRNAN: You amc here in a dual capacity- representing
Mrs. ~verton am~ also ~he Park District.
MR. TERRY: I am net representing the Park District here
tonight.
MR. WILLIAM ALBERT~ON: I am here to represent the Park
District.
MR. R~B~RT BERGEN: Is there any gusmantee that she would
net sell off two other lots?
MR. TERRY: ~be can't do it without your approval.
~outhold Town Board of Appeals -5-
April 6, 1972
THE CHAIRMAN: I dontt feel that we are qualified to deal
with this~ The most recent decision involved something ever in
Hampton Bays where a Tewm upgraded te 40,000 sq. ft. as we did
here. The subdivision consisted of twelve lets which were all
about 20,000 sq. ft. te 2%,000 sq. ft. and which had been approved
but net used. The Beard ef Appeals attempted to adjudicate the
matter by having a compromiSe solution of 30,000 sq. ft. The
~upreme Court upheld the Board of Appeals but the Appellate
Division turned it down. There was a dissenting opinion, tt was
an approved subdivision.
MR. TER~: This was not approved.
THECI~IRMAN.' I think this puts us in the position ef sub-
dividing land.
MR. TERRY: t think the miner subdivision is still an open
matter with the Planning Beard but their determination was to be
conditioned on assurance that the ~euthold Park District would be
protected. The property across the street is a benafide subdivision.
I am no~ certain of the size. It has been a subdivision from the
1930ts ~d consists ef 50 feet lets. I think that they are about
lO0 feet deep. i think this is unique. The reason the application
was made was because contracts were entered into last October on
the strength of Mrs. 0rotten having made application to the
Planning Board to make the subdivision and then there was a
question as to the extent of the authority of the Planning Beard
to make the subdivision.
THE CEAIRF~: They could make a minor subdivision. There is
a letter in the file relating to price; $30,000 for a 100 foot lot.
There are also letters from the Park District concer~ing what they
would like to have. I don~t know if they are relevant to what we
have te consider here.
M~e T ~
ERRY. Ff. Bill Albertson is here to indicate what the
Park Cemmlssien would like te accomplish.
MR. WILLIA/~AEBERTSGN: We are very interested in this
property which we have been renting for many years. It is en the
westerly side and is approximately 1~5 feet. The only feeling we
have is that at $300 a foot we m~ght have some difficulty in
getting members te vote en it. W~ do eventually want to buy it
and feel it is vitally important te have it but we do not object
te her selling the lots at the ether end.
THE CHAIRMAN: Th- value is established by appraisal and
condemnation ~rooeedings ensue. I talked to the Town Attorney
and ~ understan~ there is some flaw in the original enabling laws
of ~outhel~ Town.
MR. TERRY: I think if condemnation was taken it might have
to be done by the Town.
Southeld Town Board of Appeals -6- April 6, 1972
~R. &LBERT~ON: We are not speaking in opposition. Actually
any new building would be an improvement.
MR. TERRY: I think that the houses that these two gentlemen
wo~ld eomstruct would be an asset to the a~ea and a great im-
provement. I think ~e neighbors would be pleased.
.... THE CHA~IRMAN: There is nothing to prevent Mrs. 0verton
I ~ .
from selling two 3~ foot lots
MR. TERRY: I might say that there has been some thought as
to what possible uses the property could be put to and I was asked
questions as to whether the Board would be inclined to approve
M Zone for a Motel site.
THE CHAIRMAN: This would have to be done by the Town Board.
MR. TERRY: I indicated that in view of the nature of the
property being next to a public park I thought the community
would prefer it be kept in a residential area.
THE CHAIRMAN: My own view which is supported by the Town
Attorney is that this would exceed our authority. To subdivide
land is the function of the Planning Board. Mr. Bergen has Just
poir~ed out that Mrs. Overton could sell three 135 foot lots and
leave 222 feet for the Park District.
MR. TERRY: I was under the impression that the Planning
Board was in ~avor of approving providing there was some agree-
ment with the Park District. They were concerned as to whether
the Park District would be able to get what it wants.
MR. WA~L~ER H~RIS, ~outhold: I m~st say this about Mrs.
Overton; she is the type of lady that when she gives her word,
she keeps her word. ~he is very strong about this and I am
sure if she gave the Park District her word she would stick to
her guns.
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
THE CHAIRMAN: Are there any other questions?
(There was no response.)
After investigation and inspection the Board finds that the
applicant requests permission to set off lots of 100 ft. frontage
and less than 40,000 sq. ft. area on property located on the south
Seuthold Town Board of Appeals -7-
April 6, 1972
side of Terry Lane, Southold, New York. The findings of the Boa~d
are that this ma~ter is beyond the authority of the Board of
Appeals. The Beard is not enabled to subdivide land. This is a
function of the Planning Board.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
R~OLVED that the Bo~d of Appeals lacks the authority to
make a decision on Appeal No. 1512, 01lie M. 0verton, Main Road,
~outhold, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
PUBLIC HEARING: Appeal No. 1514 - 8:00 P.M. (E.D.S.T.), upon
application of Nicholas DeChiaro and another, 35 Brunswick Avenue,
Williston Park, New York, for a variance tn accordance with the
Zoning Ordinance, Article III, Section 301, for permission to
divide property into two lots of less than required area for each.
Location of property: Lake Drive and Lake Court, S~uthold, New
York; bounded north by Lake Drive; east by Lake Court; south by
Great Pond; and wemt by land now or formerly ef Fischer. Fee
paid $15.0o.
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?
F~. NICHOLAS DECH~t~j~O: We had a purchaser prior to acre
zoning. We did not go through with the sale because of the
new zoning law.
THE CH~IRM~N: Did you hear the case that preceded this?
think your request is reasonable.
MR. HOWARD TERRY, Building Inspector: Do you own any
adjacent property?
MR. DeCHY~O: No.
THE C~MAN: We can't divide your property into two
40,0~0 s~. ft. lots.. One lot is 38,000 sq. ft. which is less
than a 5% difference, and the ether lot is 36,000 sq, ft. which
is less than 10%. On area variance the courts are m~ch more
lenient. There was a man who came in here after we had looked
at year property who wanted to speak against our granting. AfSer
we explained what it was all about he withdrew his objection.
~outhold Town Board of Appeals -8-
April 6, 1972
THE CH~!RM~N: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to divide property into two lots
of less than required area for each located at Lake Drive and
Lake Court, E~thold, New York. The findings of the Board are
that there is no way te enlarge this tract. The Board agrees
with the reasoning of the applicant.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hard-
ship created is 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 does observe the spirit of the
Ordinance and will not change the character of the district.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RESOLVED Nicholas DeChiaro and another, 35 Brunswick Avenue,
Williston Park, New York, be GRANTED permission as applied for
te divide property into two lots of less than required area for
each on property located at Lake Drive and Lake Court, Southold,
New York.
Vote ef the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
PUBLIC ME~ARING: Appeal No. 1513 - 8:10 P.E. (E.D.S.T.), upon
application ef Jernick Moving and Storage, Inc., Marys Read,
Shelter Island, New York, for a variance in accordance with the
Zoning Ordinance, Article XII, Section 1204F, for permissien to
rebuild a non-conforming business building. Location of property:
east side Moores Lane, Greenport, New York; bounded north by
Village of Greenport property; east by land of School District
#10; south by Kalin and Herzog; and west by Meores Lane. 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 effi~ial newspapers, and notice to the
app lie ant.
MR. HOWARD TERRY, Building Inspector: This property is
adjoining the Village Rine so a notice was sent to the Village of
Greenport and they have replied that they have no objection to
rebuilding. A notice.was also sent to the County Planning Commission
and they have also responded that they have no objection to rebuilding.
Seutheld Town Board of Appeals
-9-
April 6, 1972
T~E CHAIRMAN: Is there anyone p~esent who wishes te speak
for this application?
(There was no response.)
MR. HOWARD TERRY, Building Inspector: I understood that
Mr. Stanley Corwin would be here.
THE CHAIRM~N. Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to rebuild a non-conforming
business building. The findings of the Board are that the
building was a~ost totally destroyed by fire and that this
use was a permitted use in B Business District prior to the
date the building burned down. On December 17th the new
Ordinance became effective which made the use that existed,
non-conforming. It had been a bowling alley and became a
storage facility. The Board agrees with the reasoning of the
applicant.
The Boa~d finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship created is unique and weald be shared by all
properties alike in the immediate vicinity of this property and
in the same mse district; and the variance does observe the
spirit of the 0~dinance and will not change the character of
the district.
On motion by ~. Hulse, seconded by Mr. Gillispie, it was
RE~LVED Jernick Moving and Storage, ~nc., Marys Road,
Shelter Island, New York, be GRA~TTED permission as applied for
to rebaild a non-conforming business building, on the east side
o~ Moores Lane, Greenport, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
PUBLIC HEARING: Appeal No. 151% - 8:30 P.M. (E.D.$.T.), upon
application of Peter Grippe and wife, 1190 BoylstonStreet, Newton
Upper Falls, F~ssachusetts, for a variance in accordance with the
Zoning Ordinance, Article Iii, Section 300C-(f), for permission
te convert an existin~ non-conforming business building into a
dwelling with over 30% floor area devoted to studio. Location of
property: south side Main Road, Orient, New York, bounded north by
Main R~ad; east by ~abine; south by Dreskoski; and west by Droskoski.
Fee pa~d $15.00.
~outhold Town Board of Appeals -10-
April 6, 1972
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~E CHAIB/~N: ~'1~ application is accompanied by a sketch
showing that the property consists of slightly more than an
acre and indicating a large studio which fronts on Main Road
and a smaller studio.
THE CHAIRI~t%I: Is there anyone present who wishes to speak
for this application?
MR. PETER GRIPPE: The larger studio is 58'4" x 30' and the
smaller studio is 18~ x 28~. This is an existing building and
existing space. We are not changing - just utilizing. When we
originally bought the property we understood that there were no
restrictions, that we could tur~ it into a dwelling and use the
existing space for a studio.
MRS. FLORENCE ~RIFFE: We have no basement so part of the
building would have to be for storage. We did not know there
was any restriction about space.
T~E CHAIRMAN: I think that what we would be concerned about
was whether or not you intend to use this lsmge space for display.
MRS. GRIPPE: No. My husband is a Professor of Fine Arts.
MR. GRIPPE: I am merely concerned with being a sculptor. I
am not a commercial artist. We gave our plans to an architect in
New York and he indicated that we have the space here for a small
studio and for a lsmge studio. We have since begun to think about
storage. I do have work that's accumulated for 35 years; terra
cottas, bronzes, etc. I have a studio in Massachusetts.
MRS. GRIPPE: Eince we have no cellar or attic we would use a
geed deal of the space for storage.
THE CHAIRMAN: This is a permitted use.
MRS. GRIPPE: We understood we could also have a residence.
We came all the way in from Boston to see about this.
THE CHAIRV~N: The new Ordinance just went into effect on
Decem~oer 17th. In the old Ordinance it doesn't say anything about
30% floor area. You bought it last year?
MRS. GRIPPE: We bought it November 15th.
MR. GRIPPE: A sculptor needs mere space than anyone.
~outhold Town Board of Appeals -ll-
April &, 1972
THE CH~IRM~N: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to convert an existing non-conforming
business building into dwelling with over 30% floor area devoted
to studio on the south side of Main Road, Orient, New York. The
Board finds that Mr. and'Mrs. Grippe are both artists and need
more than 30% of the space for their separate studios. Purchase
of the non-conforming business building was made under the old
Ordinance. The Board agrees with the reasoning of the applicaut.
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship created is unique and would be shared by all
properties alike in the i~ediate vicinity of this property and
in the same use district; aud the variance does observe the
spirit of the Ordinance and will not change the character of the
district.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
R~SOLVED Peter Grippe and wife, ll90 Boylston Street, Newton
Upper Falls, Massachusetts, be GRANTED permission, as applied for,
to convert an existi~ non-conforming business building into a
dwelling with over 30~ floor area devoted to studio on property
located on the south side of Main Road, Orient, New York, subject
to the following condition:
That applicant shall not use premises for the exhibition or
sale of artistic works created by anyone other than the
applicant.
Vote ef the Board: Ayes:- Messrs: Gillisple, Bergeu, Hulse.
Decision of S~thold Town Board of Appeals on APpeal No. 1500;
Pub~lt.c Hearing held! on March 16, 1972 - 9:10 P.M. (~,S.T.), upon
application of Peter T. Neyland, llS B~oadway, Roc~illelCentre,
New York, f~r a variance in accordance with the Zoning Ordinance,
Article III, Section 301, for permission to construct private one
family dwelling with insufficient lot area, frontage, sideyards,
rear yard, etc. Location of propertY: east side of Cedar Lane
(private r~ad), Subdivision ~p of Gardiners BaY Estates, Section
II,.bOundea north by Lot # 126 of Gardiners Bay SUb,, see. II, and
Spr~ng Pond, east by Spring Pond, south by Lot # 127 of Gardiners
Bay Sub., Sec. II, and ~pring Pond, west by Cedar Lane.
~ter investigation and inspection the Board finds that
S~utheld Town Beard ef Appeals -12-
April 6, 1972
applicant requests permission to censtru6t private one family
dwelling with insufficient lot area, frontage, Sideyards, rear yard,
etc. on east side of Cedar Lane, East Marten, New ~Yerk. The Beard
Finds that the property of applicant is similar in character and
size te many ether pieces of p~eperty in the Gardiners Bay Estates
area and that this property can net be enlarged. If the Board
were to deny this appeal they would be denying a m~n the use ef
his property. Conditions can be imposed. The TownAttorney
considers the fact that the lot Was net shown on the map irre-
velent to the Beardts purposes in granting a man the use of his
property, which is a constitutional right. Further findings of
the Board are that applicant 'has a non-conforming mooring on the
premises. The Board also 'finds that property was filled prior
te enactment of the Wetlands Grdinance. ~
The Beard finds that strict a~plication of the Ordinance
will pr,duce practical difficulties or unnecessary hardship;
the hardship created is 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 does observe the
spirit of the ~dinance and will net change the character of the
district.
On motion by Fir. Bergen, seconded by .Ne. Gillispie, it was
RE~LVED Peter T. Neyland, 115 Broadway, Rockville Centre,
New York, ~e GF~NTED permission to construct private one family
dwelling with insufficient let area, frontage, sideyards, rear
yard, etc. en east side of Cedar Lane, East Marion, New York,
subject te the following conditious:
Houseboat may not be used for residential purposes; it
may be moored but not occupied.
The proposed dwelling may not be larger than 900 sq. ft.
in size and may net be enlarged at any time in the
future.
5
The house shall be set on the property no closer than
l0 feet to the southeasterly line; no closer than 15
feet to the northerly line; no closer than 26 feet to
Cedar Lane; no closer than 31 feet to Lot No. 126 which
is the northwesterly line of the property.
The let, owned by applicant, which is across the right-
of-way owned by Gardiners Bay Estates, and is located
west ef Cedar Lane, and from which applicant proposes
to extract water for lot under application shall not
be used fer residential purposes.
The granting ef this application is subject to current
approval of the Board of Health on water and sewage.
Vote of the Board:- Ayes:- Messrs: Gillispie, Bergen, Hulse.
~outhold Tow~Beard of Appeals
-13- April 6, 1972
On motion by M~. Gillispie, seconded by }~. HulSe, it was
RESOLVED~ that the Seu~hold Towu Board of Appeals rescind
action (at the request of the Bayview Development Corporation)
on Appeal No. ~166 dated November ll, 1971 wherein the Bayview
Development COrporation d/b/aVictoria Motel & Cottages was
granted permission te expand an existing marina.
Vote of the Boa~d: Ayes:- Messrs: ±±~spie, Bergen, Hnlse.
Decision of Southold Town Board of APPeal~on Appeal No. 1505;
Public Hearing held on March 16, 1972 - 9:30 P,iM. (E.S.T.), upon
application of Bayview Development Corporation,i Bayview Road,
teuthold, New York, for a special exception in accordance with
the Zonir~ Ordinance, Article V, Section %00, Subsection B - 3,
for permission to construct ~ltiple residence apartments
(Permanent occupancy). Location of propertY: south side of
Bayview Read, Southold, New York, b~nded north byBayview
Road, east by James Bitses, south by Corey Creek, west by A. &
F. Koke.
After investigation and inspection theBoard finds that
applicant requests permission to construct multiple residence
apartments (permanent occupancy) on the south side of Bayview
Read, Southold, New York. The findings of the Board are that
applicant intends ~o convert existing motel for temporary
occupancy to permanent apartment-type livingunits. Applicant
feels that a clustering of 6 units per building instead of ~
units giVes a more efficient land usage an~ layout.
The Beard finds that the public convenience and welfare
and justice will be served and the legally established or
permitted use of neighborhood property andadJoining use dis-
tricts will net be permanently or substantially ihjured and
the spirit of the Ordinance will be observed.
On motion by M~. Gillispie, seconded by ¥~. Hulse, it was
RESOLVED Bayview Development Corporatien, Ba2view Road,
Southold, New York, be GRANTED permission to construct building
units of six units each, as applied for, on property located on
the south side of Bayview Road, ~outhold, New York, subject to
the following conditions:
The total number of dwelling units in use at any one
time en the M-1 zoned portion of this Property may
never exceed 33 units.
At ne time shall certificate of occupancy be granted
t~.new dwelling units un~ess the ~ld dwelling units
w~eh tho new const~uOtt~ is intended to rePlaee are
Southeld Town Besmdef Appeals
April 6, 1972
me
demolished and removed from the property.
No new eonstrmctien shall be placed closer than 20 feet
te the northerly line marking the sepa~ation between
M-1 zone and Residential zone.
The distance between any buildings shall be the minimum
provided by the Ordinance.
The g~anting of this application is subject to site plan
approval ef the Planning BoaPd.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
For the record: A representative of the League ef Women
Voters was present at the meeting to inquire about the decision
ef the Boa~d on Appeal No. 1500, Peter T. Neyland. The representative
heard the decision on Appeal No. 1500 and also remained to hear
the decision on Appeal No. 1505, Bayview Development Corporation.
N~. and ~s. Herbert Curry were present to
inquire about the decision on Appeal No. 1%0%, Bayview Development
Corporation. They heard the decision on Appeal Ne. 1505 and also
that of Appeal No. 1500,Peter T. Neyland. (Laughing Water Property
Owners Association~ere represented by F~. and Mrs. Curry.)
On motion by Mr. Gillispie, s$cended by Mr. Bergen, it was
REEOLVED that the minutes of the Routhold Town Board of Appeals
dated March 16, 1~72 , be approved as submitted, subject to minor
~orreotion.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RE~OLVED that the next regular meeting of the Southold Town
Board of Appeals will be held at 7:30 P.M., Thursday, April 20,
1972, at the Town Office, M~in Road, Soak:hold, New York.
Vote of the Board: Ayes:- ~essrs: Gillispie, Bergen, Hulse.
On motion by Mr. Gillispie, seconded by ¥~. Bergen, it was
RE~OLVED that the Southold Town Board of Appeals set 7:30
~outhold Town Board of Appeals -15-
April 6, 1972
P.M. (E.S.T.), Thursday, April 20, 1972, at the Town Office,
Main Road, ~outhold, New York, as the time and place ef hearing
upon application of Joy Finkle, Main Road, Orient, New York,
for a variance in accordance with the Zoning Ordinance, Article
III, Section 301, for permission to d~vide property into single
lets of less than 40,000 sq. ft. area and one lot less than
135 feet frontage. Location of property: north side Main Road,
Orient, New York, bounded north by (now or formerly) Tabor;
east by E. Brown; south by Main Road; and west by (now or
formerly) Haberman.
Vote of the Beard: Ayes:- Meswrs. Gillispie, Bergen, Hulse.
On motion by Mr. Bergen, seconded by Mr. Hulse, it was
RESOLVED that the Southold ~owu Board ef Appeals set 7:40
P.M. (E.~.T.), Thursday, April 20, 1972, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Edward Slaga, Woodcliff Drive, Mattituck,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, ~ectien 301, for permission to divide a lot having
less than required frontage and 40,000 sq. ft. area. Location of
property: north side Woodcliff Drive, Mattituck, New York, bounded
north by Keehler & Brown; east by Gatchel; south by Woodcliff
Drive; and west by Mason Est.
Veto ef the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by Mr. Hulse, seconded by Mr. Bergen, it was
RE~OLVED tD~t the Seathold Town Board of Appeals set 7:50
P.M. (E.~.T.), Thursday, April 20, 1972, at the Town Office,
Main Read, $outheld, New York, as the time and place of hearing
mpon application of Lloyd Lindsay, Bungalow Lane, Ma~tituck,
New York, for a variance in accordance with the Zoning Ordinance,
Article Iii, Eectien 305 as applicable to Article VII, ~ection
7Gl, for permission to install a fence over the permitted height.
Location of property: southeast side Main Road, Mattituck, New
York, bounded mer~h by now er formerly Kander; east by now or
formerly Bencher Estate and others; south by G. Newell; and
west by Main Road.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
~outhold Town Board ef Appeals
April 20, 1972
On motion by Mr. Gil!ispie, seconded by Mr. Hulse, it was
RE~GLVED that the ~.outheld Town Board'of Appeals set 8:10
P.M. (E,$,T.), ThursdaY, April 20, 1972, at the Town Office,
Main Road, Southold, NeW York, as the time and place of hearing
upon application of Margaret Tighe, Haywaters & private road,
Cutchegue, New York, for a variance in accordance with the
Zoning Ordinance, Article III, Section 304, for permission to
build an addition on existing dwelling with reduced setback on
a corner lot. Location of property: Lot 33, Pecohic Bay
Properties (Fishermans Beach), Private Road and Haywaters Road,
Naswau Point, Cutchogue, New York.
Vote ef the Beard: Ayes:- Messrs: Gillispie, Bergen, Hulse.
On motion by Mr. Bergen, seconded by Mr. Gillispie, it was
RE~OLVED that the ~outhold Town Board of Appeals set 8:20
P.M. (E.S.T.), Thursday, April 20, 1972, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of William and Evelyn Moffat, Oaklawn Avenne,
Southold, New York, for a variance in accordance with the
Zoning Ordinance, Article Iii, Section 301, for permission to
divide lot and readjust property lines on existing single lot.
Location of property: south side private road off east side
0aklawn Avenue, Southold, New York; bounded north by Hammesfahr
& Wheeler; east by Buerkle; south by LaRivera and Maydon; and
west by Hardy.
Vote of the Board: Lyes:- Messrs: Giliispie, Bergen, Hulse.
motion by Mr. Gillispie, seconded by ~. Bergen, it was
RESOLVED that the So~thold Town Board of Appeals set 8:30
P.M. (E.~.T.), Thursday, April 20, 1972, at t~e Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon applioa%ien of Alex J. Danowski and others, Cutohogue, New
York, for a special exception in accordance with the Zoning
Ordinance, Article V~I, ~ection 700B, and a variance to
Article II, ~ectien 202, Subsections 4 & %, and Article VZI,
~ec~ion 700B (4) (f), for permission to operate a body shop.
Location of property: west side Depot Lane, Cutchogue, New York,
bounded north by ~chool District 12; east by Depot Lane; so~th
by Shell @il Os.; and west by Henry Wickham~
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
Southotd Town Board of Appeals -17-
April 6, 1972
On motion by Mr. Hulse, seconded by Mr. Gillispie, it was
RE$0LVED that the Southold Town Board of Appeals set 8:40
P.M. (E.~.T.), Thursday, April 20, 1972, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Richard Cron, for approval of access under
Section 280a, Town Law, and for a variance in accordance woth
the Zoning Ordinance, Article XIII, ~ection 1301 (B). Location
of property: Indian Neck Road, Peconic, New York; bounded north
by Richmond Creek; east by Hughes and private road; south by
Indian Neck Lane; and west by now or formerly F. Kull.
Vote of the Board: Ayes:-~Messrs: Gillispie, Bergen, Hulse.
The Meeting was adjourned at 10:3% P.M.
Re spectfully submit ~ed,
/ r~ '~ ~/~-~~. Marjo~ie McDermott, Secretary
Robert ~l. Oillispie, Jr., Chairman