HomeMy WebLinkAboutZBA-02/17/1972 APPEAL BOARD
MEMBER
Rober~ ~'. Gillispie, Jr., Chairman
Robert Bergen
Charles (~riSonis, Jr.
Ser~le Doyen, Jr.
Fred Hulse, Jr.
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 11971
Telephone 765-26~50
MINUTES
~0UTHOLD TOWN BOARD Oi~ APPEAT2
February 17, 1972
A regula~ meet ing of the ~outhotd Town Board of Appeals was
held at 7:30 P.M., Thursday, February 17, 1972, at the Town Office,
Main Road, Semtheld, New York.
There were present: Nessrs: Robert W. Gillispie, Jr., Chairman;
Fred Nalse, Jr.; Charles Grigonis, Jr,
Absent: Messrs: Robert Bergen; ~erge Doyen, Jr.
PUBLIC HE~REG~ Appeal No. 1492 - 7:30 P.M. (E.$.T.), upon
application of Stuart'E. Staples, 35 N. Montgeme~yAvenue, Bay
~hore, New York, for a special exception in accordance with the
Zoning Ordinance, Article IX, ~ection 900, Subsections 8 & 12,
for permission to erect private one-family dwelling and operate
cement mix business. Location ef property: west side of Cox's
Lane, Cmtehogue, New York, bounded north by F. J. McBride, east
by Cox~s Lane,~south by L. B. Glever, Jr., west by L. B. Glover,
Jr. Fee paid $1%.00.
The Chairman opened the hearing by reading the application
for a special exception, legal notice ef hearing, affidavit
attesting to its publication in the official newspaper, and
no$ice te the applicant.
THE ONAIRNAN: Our ~ecretary is mot here tonight. She has
the fla. Please identify yourself clearly when you speak as she
will have to take the Minutes from the tape recorder.
TEE CHAIRMAN: The applicant has submitted a survey byVan
Tmyl dated January 17, 1972 indicating the property on Cexts
Lane' which he pr~ooses to use for the purpose set forth in the
application. It shows 500 feet in depth from east to west and
179.5~ feet on Coxts Lane. The property is at a slight angle to
Coxts Lane? The application is also accompanied by a four page
folder enter!ed "Concrete World" describing his processes for
concrete, mixing..This represents a new depart~e in concrete
m~i~. tt is m~ed en the site.
Eemthol~ T~n Board of &ppeals
-2- February 17, 1972
T~E ONAIRNAN: Is there anyone present who wishes te speak
for this application?
MR. ~ART E. STAPLES: I am here te speak for the application.
THE CHAIRMAN: Yo~ may add whatever you wish te what yen have
already stated in the application.
~. ~TAPLE~: I specialize in a new service that no one else
has. I deliver directly into the forms with a power buggy to small
contractors amd home owners. It eliminates driving a truck over
curbs, driveways, lawns, taking ap shrubs, t~ing down fences to
get a truck in. It saves labor en the part of a contractor.
THE OEAIRNAN: Yen dontt have to mix the concrete until you
get to the site*.
MR. ~TAPLE~: Thatts right. The Cemorete Mobile equipped
truck has the ability to correctly proportion the ingredients,
a~d wa~er and blend them in a constant flew at the Job site. The
water is in its own tamk. Across the back, on the left side is
sand and on the right side, g~avel.
THE CHAIRMAN: Hew Go yen load this?
MR. ETAPIES: I devised my own system of pneumatics. I have
an obsolete tank trailer that I use for storage of cement.
THE CtL~!RMAN: You have a tank trailer in which to store bulk
cement, and deliver it. How do you buy it?
I~R. ~T~: In bulk.
THE ~~: Hew do they get it into the tank?
MR, ~T&pLE~: They blow it into the same holds, the same way
I blow it out - by pneumatics.
THE CI~IRI~N: Hew much cement de you store?
MR. ~T$~P~: 130 barrels - 520 bags - 4 bags tea barrel.
T~ G~IR~N: Does that go on the highway at all?
MR. STAPIES: No.
TEE ONAIRN~N: Dee~ anyone else wish to speak for this
applf~at ion*.
(There was ~o response.)
TEE 0NAIRNAN: Everything looks good except that we Just
passed a new ordinance - you are from Bay ~hore, are you not? -
an~ the new ordinance requires a larger site than ~o~ have here.
~ am Perfeo$1y aware ~hat Yen oould do this on ~,500 sq. ft. or less.
~outhold T~rn Board ef Appeals
-3-
Februaz~Y 17, 1972
MR. ~TA?~S: t could do this on 11,000 sq. ft.
~R. I~RED BNI~E, JR.: I think we have run into something that
we have not covered in the Ordinance. This is not what we thought
of when we w~ote the O~dinance for a transit mix plant.., when yom
figure that a transit mix plant has a hopper, structure, etc., now
we come into something that we really did not cover.
MR. STAPT~S: I had a simila~ problem when I had to come up
With mew terminology. Also New York State had to rewrite their
specifications on concrete control because of this machine. I
had to take the word "transite out of my trade name. I had to
tell Albany that the machine does what it says it does. When I
sent the reports to Albany, Albany did not believe it. They did
the tests all ever again.
THE CEAIRM~N: There is apparently a tremendous variation in
the quality of concrete blocks. Hew much sand and gravel do you
keep on the property?
g~avel.
1 yar~ -
STAPLE~: 40 yar~s. 20 yards of sand and 20 yards of
THE GNA~F~N:
STAPIE~:
$40.00.
TBE CNAIRMAN:
MR. STAPES:
What do you eha~ge per yard?
I have a price list on the back of my card.
Do you propose to put a house on the property?
Yes. I want to build a house with a basement
shop and have my concrete smpply business there. There is a slope
on the property, a 1~ foot drop from the front to the back.
THE CHAIRMAN: Would you store your cement in a tank that
woul~ be somewhere on your property? That's all you propose to
have on this property?
MR. STAPT~S: Yes.
TEE GNAIRNAN: What type of equipment do you have in Bay
Shore ?
MR. ~APLES:
THE OHAIRMAN:
MR. ~TAPLES:
This truck, a pick-up truck an~ a storage truck.
De you propose to move here?
~es.
THE CNAIRNAN: Hew big a plot do you b~ve in Bay Shore?
MR. STAPIE~: 1/4 acre.
Southold T~ Boa~ of Appeals -4-
February 17, 1972
THE CHAIRMAN: Is it in a Business zone?
ER. STAPLES: Yes.
TNE CHAIRMAN: What we are up against, is what kind of business
is this~
(There was a discussion as to whether it was trucking, manu-
facturing, redi-mix, or cement supply business. It was decided
that it was a Ligh% Industrial use.)
THE CHAIRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
TEE CHAIRMAN: Have you got a Board of Health permit for this?
ER. ~TAPLES: Yes.
THE C~IRMAN: Are you in a hurry?
ER. STAPLES: I weuid not like to use the word "hurry" but 1
would not like to say "I am not in a hurry".
THE g~: Do you ever mix on your own lot?
STAPLES: No, I have no reason to.
TEE GEAIRMAN: I will ~f~ a resolution defining this as a
Light IndUstrial use and not cement mixing and granting the
application as applied for. There is a question as to whether
the legal notice is correct, whether it would be permitted on
a 40,000 sq. ft. plot, so I will check this with our Town
Attorney tomorrow. You are not going to build a mobile home?
STAPLES: No.
After investigation and inspection the Boa~d finds that the
applicant requests permission to erect private one family dwelling
an~ operate cement mix business en property located on the west
side of Cex~s Lane, Cutchogue, New York. The findings of the
Board are that the present use is not a cement mixing operation,
it is merely to assemble building material on a concrete mobile
unit. Actual mixing takes place at the site where the concrete
is used. Under this interpretation the applicant has Light
Industrial use rather than C-1 General Industrial Use although the
a~plicant~s property is located in C-1 Industrial Use. (The Chairman
will check this out with the Tewn Attorney).
Southold Town Board of Appeals -5-
February 17, 1972
The Boa~d finds that the public convenience and welfare and
Justice will be served and the legally established or pex~mitted
use ef neighborhood property and adjoining use districts will
not be permanently or substantially injured and the spirit of
the ~dinance will be observed.
On motion by Er. Gillispie, seconded by ~. Hulse, it was
RE~OLVED, Stuart E. ~taples, 35 N. Montgomery Avenue, Bay
~hore, New York, be GRANTED permission to erect private one
family dwelling and use property for Light Industrial use as
applied for, subject to the following conditions:
1. The dwelling shall be ne closer than 100 feet from
Cox~s L~ne.
2. Th~ dwelling shall be no closer than 40 feet from any
side lime.
3. Building materials shall be to the rea~ of the house,
150 feet from Coxls Lane and ne closer than 40 feet to
any side line.
This permission is subject to review of the Town Attorney.
This permission is subject to site plan approval by the
Planning Board.
Vote of the Beard:
Ayes:- Eessrs: Gillispie, Eulse, Grigonis.
In an action en February 18, 1972, the Southold Town Board
of Appeals rescinded the special exception granted to ~tua~t E.
Staples om February 17, 1972 after a review by the Town Attorney
of action taken on Appeal No. 1492.
(Lette~ dated February 1§, 1972, signed by Robert W. Gill!spic,
Jrt, Chairman, ~omthold Town Board of Appeals, was sent tome.
Stuart E. ~taples, explatnimg the reasoning for the resein~in~ of
special exception g~anted on February 17, 1972. (Copy in file~.~
Excepts fr~m letter to Er. Staples: The Town Attorney~s
opinion is that the Boa~d of Appeals action in granting a special
exception for what was determined to be a "C" Light Industrial use
in a "C-l" General er heavy industrial zone is invalid (even though
the bulk or area requirements for the light industrial uses are
much smaller than the bulk requirements pertaining to a heavy
industrial or "C-I" General zone) because the site does not meet
the bulk or amea requirements in the present "C-i" General
Industrial Zeno.
Since preper~y in the C-l" zone such as yours may be used for
any lawfml ~urpese, the remedy.in your situation would be either to
apply for a variance of the "C-l" bulk requirement at least 2 weeks
before the next meeting of the Beard of Appeals eh Narch 16th, or
apply to the Tewn Board for a change of zone to "C" Light Industrial.
Bouthold Town Boa~d of Appeals -6-
February l?, 1972
PUBLIC H~ARING: Appeal No. 1~9~ - 7:45 P'E. (E.S.T.), upon
al~plicatiom of ~ew~ Ac~es, Inet, 217 Osborne Avenue, Rive~head,
New York, for appr~al ef access ~er private ri~t-ef-way in
accordance wi~h ~he State ef New York Town Law, Section 28~.
Location ef p~e~erty: Private right-el-way off south si~e ef Ne~th
Ba~iew Roa~ e~ east si~e ef let ne. 11' e~ subdivision map. ef
"~ew~ Ac~es at Ba~iew", ~em~held, New York. Poe paid $15.00.
The Chairman opened the hea~ingbyreadimg the application
for approval ef access, legal notice of hearing, affidavit attest-
ing to its publication in the official newspaper, and notice to
the applicant.
TEE GHAIRN~N: Is there anyone presemt who wishes to speak for
this application?
~RANEL_VN J. BORN: I a m here to speak for the applicatiom.
CHAIRNAN: Is this Lot ll and pa~t ef I~t 127
B~N: Itts half of ll and half of 12.
TEE GNAIRNAN: Is that the only thing yom are appealing?
NR. BORN: Yes.
TEE CHAIRMAN: This is really a division of property.
2~R. BORN: All of these lots were laid out in 100 ft. x
~00 ft' plots. What I wanted to do was break these in half
(referring to map~.
TEE CNAIRNAN: Yea would be che~nging Lots 11 and 12. This is
your ~wn abstract. This is being appealed under ~ection 288 of
Town Law f~ lack of access. Ia other words, this is net the way
the subdivision was laid out. Did anyome in this office help you?
BORN: No.
T~E OEAIRMAN: This is somewhat imeomplete. Are yom willing
to amem~ the application to make this a re-diVision of Lots 11 and
127
Item
BORN: Yes.
(Application net~ sh~ws re-divisiem ef Lots 11 and 12-
. imitialed ~y F~a~lyn J. Born a~ Robert W. Gillispie,
Jr., Oha~ ~ ~theld To~ Be~d ef Appeals).
TEE CHAIRMAN: Y~ are not changing the dimensions, you are
re -dividing ·
The Chairman centimmed the reading of the application, showing
No. 3- Re-division of lots.
Semthold Town Board of Appeals -7-
February 17, 1972
THE OEAIRNAN: Herets the situation we ran into, the Board of
Health decreed you had to ge from 20,000 sq. ft. to 40,000 sq. ft.
The final filed copy shows a path l0 feet wide straddling the
easterly side of Let ll and the westerly side of Lot l0 in lieu
of a road. At the time you filed the Town had net come up with
an Ordinance which required 135 feet frontage. What I would suggest
is t~at you ge to t~e Planning Board. Perhaps you could put a
read through here. Would that be of interest to you? Th~ reason
I say that is that it would be difficult to sell 100 .foot lots.
There is a hardship here. It is a compromise with the Beard of
Health.
Looking at Leeward Acres Development map, you own 53 acres.
Under the new Town Ordinance you have to have 35 foot sideyards
and 135 foot frontage. The 0rdinanee was net in effect at the
time you filed. With a total of 35 feet side yard requirement
yen could only have a 60 foot wide house. I would suggest you go
back to the Planning Board because you will have this trouble all
the way th~ougja.
~. BORN: I am going to try to sell, if possible, two lots
at a time. However, if a person canWt afford to buy two lots he
would have the right to buy one. i would like to divide it this
way.
T~ CHAIRMAN: Is there anyone present who wishes te speak
against this application?
(There was no response.)
After investlgationand inspection the Board finds that
applicant requests permission for approval of access over private
right-of-way in accordance with the Btate of New York Town Law,
Section 280A on property located on private right of way off
south side cf North Bayview Road, Southold, New York. The findings
cf the Beard are that applicantWs subdivision map approved by the
PlanningBoard covered 20,000 sq. ft. lets and applicant then was
compellea by the Board of Health of ~uffolk County to re-create
a new subdivision with ~0,000 sq. ft. lots. This resulted in
extremely narrow lots compared te their length.., many of the
lets are 100 ft. x h00 ft. The applicant is prepared to vary the
character of the area from row houses to thoseoof a mere spacious
The Board finds that strict application of the 0~dinauce will
produce ~racttca! difficulties or unmecessary hardship; the hard-
ship created is unique and would be shared by all properties alike
in the immediate vicinity of this property an~ in the same use
district; and She variance does observe the spirit of the Ordinance
and will net change the character of the district.
On motion by M~. Grigonis, seconded by M~. Gillispie, it was
~outhold Town Bosmd of Appeals
-8- Februsmy 17, 1972
RESOL'~D Leeward Acres, Inc., 217 Osborne Avenue, Riverhead,
New York, be GRANTED approval of access over private right-of-way
in accordance with the ~tate of New York Town Law, Section 280A,
en property located on private right-of-way off south side of
North Bayview Road on east side of Lot No. 11 on subdivision
map ef ~Leeward Ac~es at Bayview", Seuthold, New York, subject
to the following conditions:
That entrance to rear let must be along westerly edge
of present Lot 12.
Vote of the Board:
Applicant shall submit new survey.
Ayes:- Messrs: Gillispfe, Hutse, Grigonis.
PUBLIC BEARING: Appeal No. 1493 - 8:00 P.M. (E.S.T.), upon
applisatiom ef the Archeological Association of New York, Main
Bayview Road, ~outhold, New York, for a special exception in
accordance with the Zoning 0rdinanee, Amticle III, Section 300~,
P~ubsection 6 (f), and Article XI, ~ection 1100, Bubsectien 1,
for permission to erect an off-premises directional sign.
Location of property: land of ~outho!d Park District, located
betwee~ north side of Main Road, and south side of Lower Road,
Southold, New York, bounded north byLower Road, east by E. A.
Goldsmith, south by Main Road. No fee required.
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavit
attesting te its pmblication in the official newspaper, and
notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
~. JAMES P. KNOW~: I don't believe we have omitted any-
thing from this application.
THE GHAIRNAN: I don't believe you have.
Tw~ CHAIRMAN: Is there anyone present who wishes to speak'
against t~ls application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to erect an off-premises directional
sign listing the names an~ locations of three of the Town's
&uttural attractions, namely; The New York State Archeologtcal
Association, Custer Institute, and the ~outhold Historical
Society. It is suggested tha~ the sign be 6 feet in height and
~ feet in wi~%h, to ~e erected on t~o ~ x 4's and to be located
vertical to Rou%e 25 in line with tae drinking fountain in ~
Triangle Pa~k. The Board is in agreement with the reasoning oz'
the applicant.
Bouthel~ Town Bem~d e~ Appeals -9- Pebruary 17, 1972
The Board finds that the public convenience and welfare and
Justice will be served and the legally established or permitted
use of neighborhood property amd adjoining use districts will
not be permanently or substantially injured and the spirit of
the Ordinance will be observed.
On motion by Nr. Gillispie, seconded by Mr. Grigonis, it was
RE~OLVED, The A~eheologioal Association of NeW York, Hain
Bayview Road, Beuthotd, New York, be GRANTED permission te erect
an off-premises directional sign located on land of ~euthold
Park District be~weem the north side of Main Road and the south
side of Lower Road, Southold, New York, subject to the following
conditions:
1. The sign shall be located at least five feet from any
property line.
2. The sign shall be subject to all rules governing signs
and subject to all subsequent changes in the ~outheld Town
Building Zone 0rdinanoe as it al~plies to signs.
Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Grigonis.
PUBLIG HEARING: Appeal No. 15!95 - 8:15 P.M. (E.S.T.), upon
applieatfo~ ef W. Perry Hukill, 11760 Main Road, East Marion,
New York, for a variance in accordance wi~h the Zoning Ordinance,
A~ticle III, ~ectien 301, fee permission to divide property and
set off lots with insufficient area, and for approval of access
over private right-.of-wa~ in accordance with the State of New
York Town Law, ~ectzon 280A. Location of property: south side
ef Main.(~tate) Road, East Nation, New York, bounded north by
Main (~ate) Read, east by Gioscia, Piz~.arelli, & Wecker, south
by O~ient Rarbor, west by David Pa~ks. Poe paid $15.00.
The ~hairman opened the hearing by reading the application
for a variance and for app,,oval of access, legal notice of
hearing, affidavi~ attesting to its publication in the official
newspaper, and no~iee to the applicant.
TEE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
~. W. PEP~EYHUKILL: If anythimg happened to me my family
weald.need to sell part of the property. We have two dwellings
and we wish to separate and be able to sell one of them~
THE CNAtRNAN: I believe this is a no, mai amd reasonable
request. This is an existing situation. (The Boa~d discmssed
the dimensions of the property as shown em survey by Van Tuyl
dated December 9, 1971). It abides by all the ~ules and
regulations of the Beard of Health.
~outhold TowmBoard of Aplmeals -!0-
February 17, 1972
THE CHAIRNAN: Is there a~yone present who wishes to speak
against this application?
(There was mo response.)
After investigation and inspection the Board finds that the
applicant requests permission to divide property and set off lots
with insmfficient a~ea, and for approval of access over private
right-of-way in accordance with the State of New York Town Law,
Section 280& en pro~er~y lo~ated em the seu~h side of Main (State)
Rea~, Eas~ N~iem, New Ye~k. The Beard is in agreememt with the
~easemi~ ef ~ a~liea~t.
The Boa~d fi~s that strict application of the O~dinance will
prodaee practical difficmlties or unnecessar~y hardship; the hard-
ship crSated is unique amd weald be sh~ed by all properties alike
in the i~dia~e vieini~ ef this property and in ~he s~e use
dis~i~t; ~ ~he v~ianee does ebse~e the spirit of t~
~dinamee am~ will no~ e~e She ch~aete~ of t~ dist~i~t.
8m me$ionby Nr. Gillispie, seconded ~y Mr. Grigonis, it was
RESOLVED, W. Per~yHukill, 11760 Maim Read, EaSt F~vion,
New York, ~e GRANTED permissie~ t~ divide propert~y and set off
lo~s with i~s~fficiemt a~ea, and be givem approval of access over
private right-of-wa~ im accordance with the ~ta~e of New York
Town Law, ~ectiom 250A, en property lo~a~ed on the sou~h side of
Maim (~tate) Road, East Mariom, New York, ~ applied for, subject
~e a_~proval of ~he Building Inspector.
Vote of %he Board: Ayes:- Nessrs: Gillispie, Nmlse, Grigonis.
PUBLIC HEARING: Appeal No. t496 - 8:30 P.M. (E.S.T.), mpen
applicatio~ of Herbert & Louise Maeomber, 250 Anglers Road,
Greenpe.~t, New York, for a variance in accordance with the Zoning
O~dinance, A~ticle III, Section 3~1, for permission to set off lot
and bmild private omo family dwelling with insufficient frontage an~
a~ea. Loeattem of preper~y: east side of Anglers Road, Greenpert,
New York, Beu~ed north by Maria Mmnkel-Gmidice, east by Wm. R.
Pell .III~, soa~h by Herber~ Macomber, west by Anglers Road. Fee
paid $1~. 00.
The ChaiP~aan opened the hea~ingby reading the application
for a variance, legal notice of hearing, afftdavi$ attesting to
its pm~lima~ien in the official newspaper, and notice to the
applicant.
Tw~ CEAIRMA_N: Is there anyone p~esent who wishes to speak for
~his a~plieatien?
S~theld Towm Boa~.cl of Appeals
-11- February 17, 1972
HERBERT & L(~Y~ MACO~BER indicated their presence to speak
for the application.
THE CHAIRI~: ~Uaen was this denied? Was it after New Yea~Is?
ERS. NACONBER: Yes.
THE C~IRMAN: Nm~kel owns half of Let 17. Do you own the
other half?
ER. ~O0:MBER: Yes.
TEE CNAIRNAN: If you sold these lots, 1§ and 11, and part
17, that would leave you with 19 and 13.
ER. FRED H~I~E: Before we go amy further, Bob, I think I
should say for the recor~ that I am related to the Macombers. I
request a ~mli~g from you. I don~t want to end up defending m~
decision.
TEE OwAIRNAN:
the County level.
property?
We had this come up at the Planning Boa~d at
Do you have a fimancial interest im this
THE CHAIPJ~AN: Y~u demy having amy financial int$~est?
ER. H~r~: Yes.
THE CHAIRMAN: I would rule that you san vote.
THE CHAIRIng: Is there anyone present who wishes te speak
agatns~ this application?
(There was no response.)
After investigation an~ inspection the Board finds that
applicant requests ~e~mission to set off let and build private
one family ~welling with insufficient f~ontage and area on east
si~e of Angle~s Road, Greenport, New York. The Board finds that
tl~e proper~y was b~ught as individual building lots and consists
of one-third acre ef land which is la~ger tb_~n most ef the lots
in the a~ea. The Boa~d is in agreement with the reasoning of the
applicant.
The Board fi~s that strict application of the 0~dinance will
produce practical difficulties er unnecessary hardship; the ha~d-
sht~ c~eated is unique ~d would be sh~ed ~ all p~ope~ties alike
in the i~e~iate vicinity of ~his prepe~ ~d in the sa~ use
· ist~ie~; ~d t~ v~i~ce does obsess ~ spirit e~ the 0~di~ce
and will net ~e ~he ch~acte~ of ~he district.
Sou%hold T~ Boa~d of Appeals -12-
Februamy 17, 1972
On motion byN~. Grigonis, seconded by Mr. Mulse, it was
RE~OLVED, Her'oert & Louise Macomber, 2~0 Anglers Road,
Greenleort, New York, be GR~NTED permission to set off lot aud
build private one family dwelling with i~sufficient frontage and
a~ea on pro~er~y located on the east side ef Anglers Road,
Groenport, New York, as applied for.
Vote ~f the Boa~d: Ayes:- Messrs: Qillispie, Hulse, Grigonis.
PUBLIC NEARING: Appeal No. 1498 - 8:45 P.M. (E.S.T.), upon
a~plioatton of Charles H. Campbell, Yeu~gs Avenue, Orient, New
Ye~k, for a variance in accer~ce with the Zoning ~dimamce,
A~tiole III, Section 301, fe~ permission to bmil~ new one f~i~
~welli~wi~h ims~fielent f~en~ set~ack. Location ef
~o~e~: private ~ight-ef-w~y off north si~e ef ~in (State)
Rea~, (eh p~opesed mino~ smb~ivisien~p), East N~tem, New Y~k,
beu~ed ~erthbyp~tvate right-el-way, e~ By private ~i$~-e~-
w~, sou~By~iom ~. Gtllts~ie, west ~ieu E. Gillispie.
~ee paid $1%.~.
The Ohai~man opened the hea~ingbyrea~ing the applicatiem
for a variance, legal notice of hearimg, affidavit attesting to
its publication in the official newspaper, and notice to the
applicant.
THE GNAI~: Is there anyone present who wishes to speak
for this application?
MR. C~4/~tES H. CAMPBET~r.: What we want te do is to build the
house at the location tha~ is shown on the map.
(The Ohalrman and the members of the Board ~iscussed the
survey which shows the hemse to be locate~ no closer than 60 feet
to the easterly line of the property, no closer ~han 25 feet to
the right of way im a northerly direction, and no closer than 40
feet to the westerly line of the p~o~erty).
T~E CNAIRNAN: I think this is a good location. If you were
dead-center on this lot y~u could get water in the basement. The
water ha~ oovered the roa~ at times. (The~e was a further discussion
of win~ and wate~ at this location). I don~t see ~y proble~ with
this lecatlom.
THE GHAIRMAN: Where will the garage be locate~?
CAMPBELL: On the easterly en~.
TEE CEAIRNAN: Y~A won.t ~ack emt on the right-of-way?
MR. CAMPBELL: No.
Southold T~n Board of Appeals -13- February 17, 1972
(The Chairman discussed the g~ound water table with N~.
Campbell).
TNE CNAIRNAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Board finds that the
applicant requests permission to build new one family dwelling
with insufficient frontyard setback located on private right-of-
way off north side of Main (~tate) Road (om proposed minor
subdivision map), East Marion, New York. The findings ef the
Board are that Lot #5 slopes s~ply from the northerly boundary
for a distance of approximately 50 feet down the center and the
slope becomes gradual towards the seutherm edge which is several
feet below the level of the Main Road. If a house is built in
accordance with the Zoning Ordinance, 50 feet from the northern
boundary, there will be a greater possibility of its having a
wet basement during storm periods; there will be a complete loss
of view of Long Island Sound and a greatly curtailed view of
Orient Ha~bor. The ether lots in this subdivision have a
generally higher elevation than the greater part of Lot #5. The
lot is comsidered a corne~ lot with respect to the right-of-way
~unning along its eastern and ~orthern boundaries. The p~oposed
he~se wo~ld be located at a distance no further from the N~in
Road tham existi~g houses in the immediate area. The Board
agrees with the ~easoming o£ the applicant.
The Boa~d fimds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship created is mnique 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 O~dtnanee and will not change the character
of the district.
motion by F~. Giltis~ie, seconded by N~. Wulse, it was
REStLVED, Charles H. Campbell, Box 151, Youngs Avenue, Orient,
New York, be GP~ANTEDpermission te build mew one family dwelling
with insufficient front yard setback, as applied for, on
~roperty located on private right-of-Way off north side of Main
~ate) Road, East Ma~on, New York, subject to locating the
house as shown en the map.
Vote of the Board: Ayes:- Messrs: Glllispie, Hulse, G~igonis.
P~BLIC P~_~RING: Appeal Ne. 1497 - 9:00 P.M. (E.S.T.), upon
application of ~ Vignes, Na~gles Drive, Mattituck, New York,
S~athel~ Tows Board of Appeals
February 17, 1972
for a variance in accordance with the Zoning Ordinance, Article
III, ~ection 301, for permission to divide property and set off
lets with ~nsufficient area. Location ef property: south side ef
Naugles Drive, Mt~o~ Subdivision Map No. 50, Mattituck, New York,
bounded north by Naugles Drive, east by Lindsay~ Suglia, & Golz,
south by Leogrande, west by Farnuff. Fee paid $15.00.
~he Chairman opened the hearir~by reading the application
for a variance, legal notice of hea~ing, affidavit attesting to
its publication in the official newspaper, and notice to the
applicant.
THE CNAIRMAN: Is there anyone present who wishes to speak
for this apptication~
RICEARD LARK, ESQ.: i am here to represent Irma Vignes.
TEEC~AIRNAN,- When was the minor subdivision approved?
LARK: July 19, 1971.
T~ CHAIRMAN: The minor subdivision was approved by the
Planning Boa~ en July 19, 1971. I think that we approved the
access last year. In other works, this is the second time ar~an~.
MR. LARK: I thi:zk it is. As I understand it new, the
petitioner procured a minor subdivision which was approved by the
Planning Beard prio~ to the advent of the new zoning ordinance.
Applicant relied upon the fact that if said subdivision were
approved, she woul~ be able to sell the respective lets on the
minor subdivision map and that they would be available for
residential use notwithstamding the fact that they were undersized.
The petitioner has negotiated a contract of sale with Peter R. and
Mary Meussot.
T~ CNAIR~N: This has been a subject for litigation in
other te~rms. One subdivision in particular, in East Hampton, was
litigated.
MR. LA~K: I think there was a Beard of Health situation there
tOO.
TNE CHAIRMAN: The Beard of Appeals approved it, the Board of
Appeals was ever-thrown, but there was one Judge who dissented.
(Mm. La~k and the Board stu&ie& the map).
THE CHAIRMAN: Is there a~yene present who wishes to speak
against this application?
(There was no response.)
Town Boa~d of Appeals -!5-
February 17, 1972
After investigation amd inspection the Board finds that
applioant ~equests permission to divide property and set elf
lets with i~suffi~ient area loeate8 on the south side of Naugles
D~ive, Miner subdivision ~p Ne. 50, ~ttltuck, New York. T~
fi~i~s ef the Be~ ~e ~hat this m~n~r subdivision was approved,
~e~fs~i~ ef five lets, by the Planning Be~d en July 19, 1971,
amd aeeess was approved by the Beard of Appea~ in 1971. The
pr~pese~ division ef la~ p~evi~es for ~eh ~ge~ lots than ~e
uu~ently ~evalent in the ~ea ~ t~ Be~d ft~$ that this
property is suitable fe~ five building lets. The Be~d agrees
wi~h ~he reasoning ef ~he applio~t.
The Beard £ir~s that strict application of the Ordinance
will ~roduce practieal difficulties or unnecessary hardship;
~he ~ship ~ate~ is unique ~ weul~ be s~red by
p~eperties al~e in the i~ediate vieinity ef ~s ~reperty an~
in ~ s~ use district; ~ ~ v~i~ee ~s observe ~ spirit
of ~he 0r~ima~ee ~ will met c~nge t~ c~acte~ of the ~istric~.
On motiomby Nr. Hulse, seconded by Mm. Gillispie, it was
RESOLVED, Irma Vignes, Naugles Drive, Eattituck, New York,
be GRANTED permission to divide property and set off lots with
iusmfflolent a~ea on ~r~per~y lo~ated south side of Naugles Drive,
N~ttituck, New York. The Board approves this division of property
as shown in ~he subdivision map of June 21, 1971, approved ~
~ P~nir~ Bo~d o~ July 19, 1971.
Vote of the Board: Ayes:- Messrs: Gillispie,~ H~lse, Grigonis.
For the Record: Letter dated Feb. 4, 1972 addressed to
Southold Tewn Bo~ of Appeals: Gentlemen: Seuthold Fire
Department is holding thei~ second annual parade and tournament
on J~ly Is~ - raja da~e July 2. We wish to put up the usual posters
advertising this event, amdwill remove them within a week after the
~ou~mament is over. (Signed--Adolph G. Westerlund, Committee Chairman).
~n motion by ~. Gillispie, seconded by Nr. Grigonis, it was
RESOLVED that the ~outho!d Tow~ Board of Appeals GRANTS per-
mission to the SoutholdFi~e Department, Adolph Westerlund,
Committee Chairman, to plaee ~osters in Semthold Town advertisimgthe
se¢on~ amoral parade and to~namemt ei~ill for July l, 1972 - rain
date July 2md. It is spe~i£tcally ~ointed e~t that these posters
m~st be removed by July 12, 1972.
Vote of the Boa~d: Ayes:- Nessrs: Gitlispie, Hulse, Grigonis.
S~,~thol~l Town Boa~(l of Appeals
Appea
to m~
-16-
February 17, 1972
0m motiom by N~. Gillis~ie, seconded hymn. Nmlse, it was
RESOLVED that the minutes o£ the Seuthcld Town Beard ef
.Is dated January 27, 1972, be approved as submitted, subject
Vote ef the Beaa~: Ayes:- Mesas: Gillispie, Hulse, Grigomis.
On motiembyN~. Nmlse, seconded byF~. Grigonis, it was
RESOLVED that the next regul~a~, meeting of the Southo!~
Boa~ of A~peals will ~e ~eld a~ 7.30 P.~., 2~sday, ~c~ 16,
1972~ at t~ T~ ~ffi~e, Main Rea~, Southe~, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Grigonis.
On motion by ~. Grigonis, seconded by M~. M~lse, it was
RESOLVE~. that the Southold Town Bear~ of Appeals se? 7:30
P.E. (E.S.T.), T~s~ay~ Ma~ch 16, 1972, at the Town 0ffmce,
Main Mead, Southold, New York, as the time and place cf hearing
upon application of Jean Schneider, 72 Willow Street, Brooklyn,
~e~.M~rk, for a variance in accordance with the Zoning Ordinance,
ar~cxe~l~II, Socti~n301, for permission to divi~e property an~
set.off lots with imsuffisient area. Location of property: prmvate
roaaoff south si~e o£_Nain Road, East N~ion, New York, bounded
morthby I. N. Rogers W.P. N~rrill, east by private road,
south by Ma~ienManer Subdivision, west by Marion Nanor subdivisiom.
Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Grigonis.
On motion by N~. Hulse, seconded by N~. Gillispie, it was
RESOLVED that the Seuthol~ Town Boa~ of Appeals set 7:40
P.M. (E,S.T.), Thursday, Na~eh 16, 1772, at the Town Office,
Main Rea~, Southeld, New York, as the time amd place of hea~ing
u~on application ef Michael Zukas, Bayberry Road, Southold, New
Yor~,[for a variance in accor~anc~ with the Zoning Ordinance,
A~tzc~e III, Section 301, for ~ermtssien to divide
se~ offf lots with imsufflcient area, and for approval of access over
private right-of-way in accordance with the State of New York Town
LaW, Section 280A. Location of property: north side of Main Nayview
Roa~, Southol~, NeW York, bounded morthby West Creek, east by
Goose Neck SuBdivision, south by Main Bayview Road, west by West
Creek Development Sub.
Vote of the Boa~d: Ayes:- Nessrs: Gilltspie, Ealse, Grigonis.
Town Board of Appeals -17-
February 17, 1972
On motion by Er. Gillispie, seconded by Mr. Eulse, it was
RE.~OLVED that the ~outhold TownBo
P.M. (E.$.T.), Thursday, March 16, 1972
N~in Road, Southold, New York, as the t
upon application of Lloyd Terry, Main R
for a special exception in accordance w
Article III, ~ectien 300, ~bsection B
renew farm la, er camp permit granted on
of property: semth side of Main Road, 0
merthby Main Road, east by S. Korolesk
by other land of Lloyd Terry, west by E
~rd of Appeals set 7:50
at the Town Office,
~me and place cf hearing
~ad, Orient, New York,
~th the Zoning Ordinance,
- 8, for permission to
April 1, 1971. Location
~ient, New York, bounded
- Latham Bros., south
Latham.
V~te of the Board: Ayes:- Messrs: Gillispie, Hulse, Grigonis.
motion by Mr. Eulse, seconded by Mr. Grigonis, it was
RE~LVED that the ~outhold Town Board of Appea~s set 8:00
P.N. (E.S.T.), Thursday, March l~, 1972, at the To~ Office,
Nai~ Rea~, ~euthel~, New Y~k, as 2he ~ime am~ place of hearimg
m~o~ a~lieatio~ of William & Evelyn Moffat, 0~lawn Ave~e,
South~l~, New Ye~k, fe~ a v~ian~e in accer~anee with the Zoning
Or~iman~e, Article III, ~tien 301, for ~ermtssiem te ~ivi~e
p~erty am~ met elf lets (with existing ~wellings) with in-
sufficient frontage a~ ~ea. Location of property: east si~e
el' Beisseau ~venme, ~$hel~, New York, bo~n~e~ north by ~imeik,
east by Florence Meffat, semt~ ~y Florence Mef~at, west by
Belaseau AveD~e.
Vote of the Board: Ayes:- Messrs: Gtllispie, Hulse, Grigonis.
On motion~y t~v. Grigonis, seconded by Mr. Gillts~ie, it was
RE~LVE~ that the Eeuthold Tewn Boar~ of Appeals set 8:10
P.M. (E.~.T.), Thursday, March 16, 1972, at the Towm Office,
Mai~ Road, ~outhold, New York, as the time and place cf hearing
upon application of Julius Juttner, Westview Drive, Mattituck,
New York, fo~ a variance in accordance with the Zoning Ordinance,
Article III, ~ctton 300, Em~seetiem C -2, am~ Article III,
~e~io~ 302, fe~ ~ermissiem to locate aecesso~ ~il~i~ in front
er si~e y~d ~ea. Leea~io~ of ~re~er~y: northwest 8i~e of West-
view~ive, ~i~mmk, New York, ~eum~ed neath ~y J. Tagliavia,
east ~y Wes~view Drip, seath by Jean ~ully, wes~ by Mat~ituck
Creek.
Vote of the Beard: Ayes:- Messrs: Gillispie, Hulse, Grigomis.
Southold Town Bosmd of Appeals -18-
February 17, 1972
On motion by Mr. Nmlse, seconded by Mr. Grigonis, it was
RF~OLVED that the ~outhold Town Board of Appeals set 8:20
P.M. (E.S.T.), Thursday, March 16, 1972, at the Town Office,
Mai~ Road, ~outhold, New York, as the time and place of hearing
upon applicatiem ef Philip W. Druhi, 115 N. Fulton Avenue,
Li~dem~mrst, New York, for a variance in accordance with the
Zoning ~dinamce, Article III, ~eetien 301, for permission to
divide property and set elf lots with insufficient area. Location
ef ~roper%y: semth side of West Drive, ~omthold, New York, Minor
~mBdivision ~ 22, Bounded north By West Drive and land ef Lyons,
~ast By Great Pond, south by Suffolk County (formerly Pinecrest
~mes, ~c.), west ~y Uz~mn.
Veto of the Boa~d: Ayes:- Massrs: Gillispie, Nulse, Grigomis.
On motion By N~. Grigomis, seconded By N~. N~lse, it was
RE~OLVED t~at the Seutho!d Town Board of Appeals set 8:30
P.M. (E.$,T.), T~mrsday, March 16, 1972, at the Town Office,
Main Road, ~outhold, New York, as the time and place of hearing
upon applicatiom ef ttua~t E. Staples, 35 N. Montgomery Avenue,
Bayshore, New York, for a variance in accordance with the
Zoning Ordinance, Article IX, Section 900, Zubsections 8 & 12,
an~ ~u~ schedule ef ~dinance as te lot area, frontage,
si~e yar~s, for ~ermissien to construct private eno family
~welli~ am~ ~erate ~usimess from same on let with insufficient
~ea, f~emtage, se~aek, a~ si~eyar~s im "C-l" General Industrial
Dist~ie2. Leca~iom ef property: west si~e of Cox Lane, Cutchogue,
New York, Bemm~e~ me,th by F. J. ~B~i~e, east By Cox~s Lane,
seuth By L. B. Gleve~, Jr., west By L. B. Glover,
Vote of the Beard: Ayes:- Messrs: Gillispie, Hulse, Grigonis.
~ motion By F~. Gillis~ie, seconded by Mr. Grigenis, it was
~LVED that the $outhold Tewn Board of A~peals set 8:~0
P.M. (E.S.T.), Thursday, March 16, 1972, at the Town Office,
Main Road, Southold, New York, as the time amd place ofhearing
upom applieatio~ of Adam Chetel, ~24 Oceam Averme, Malverne,
New York, for :a variance in accordance with the Zoning-ordinance,
Article II~, ~ection 301 (~ticle III, ~ectien 307 of old 0rdi~amce),
for permissiom to eomstruct ~rivate one family dwellingwith
tmsufficient sideyard area. Location of property: north side ef
~rivate rea~ - A~uaview Ave~me Extension, East Marion, New York,
Bounded merthByEaSt Marfom ~tars Beach Association, Inc., east
By D. Hammerstrom, seuth~y Aqaavtew Avenue Extension, west By
East N~ion Stars Beach Association,
Vote of the Boar~: Ayes:- Messrw:iGillispie, ~lse, Grigonis.
~outhol4 Town Board of Appeals -19-
February 17, 1972
0n motion By N~. Eulse, seconded By N~. Gillispie, it was
RE~OLVED that the ~euthold Town Board of Appeals set 8:50
P.M. (E.~.T.), Thursday, Ma~ch 16, 1972, at the Town Office,
Main Road, Southold, New Yo~k, as the time and place of hearing
upon applioatiom of Charles Hall a/c Joseph Stepnoski, Main Road,
~outhold, New York, fo~ a variance in accordance with the Zoning
Ordimamce, A~ticle III, ~eetiom 300, Article VII, ~ection 700,
Article XIt, ~ection 12Oh, ~ubsections (b) & (c), and Article
XIII, ~ectien 1301 B, for permission to expand existing non-
conforming Busimess use in excess of 50% of present capacity by
erecting mew Building. Location of property: south side of
Main Road, Sou%hold, ~ew York, bou~ed north By J. Nierodzik,
east By J. Nierodzik, south By Main Road, west By J. Nierodzik.
Vote of the Boa~d: Ayes:- Messrs: Gillispie, Hulse, Grig~is.
Om motion By Mr. Gillispie, seconded by Er. Grigonis, it was
RESOLVED that the ~outhold Town Board of Appeals set 9:10
P.M. (E.~.T.), Thursday, March 16, 1972, at the Town Office,
Main Road, Somthold, New York, as the time and place of hearing
upon a~plication of Peter T. Neyland, ll5 Broadway, Rockville
Cemtre, New York, for a variance in accordance with the Zoning
O~dinan~e, Article III, ~ection 301, for permission to construct
private one family dwelling with insufficient lot area, frontage,
sideyar~s, rear yard, etc. Location of property: east side of
Cedar'Lane (private road), ~uBdivisiom Map of Gardiners Bay
Estates, ~ec$1om II, Bounded north by Lot # 126 of Gardiners Bay
~a~.~ ~eo. II, am~ Spring Pond, east By ~pring Pond, south by
Lot $ 127 of Oa~diners Bay ~ub., ~ec. II, and ~pring Pond, west
By Cedar Lane.
Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Grigenis.
On mOtion By Mr. Grigonis, seconded By Mr. Hulse, it was
RE~LVED t~at the Southeld Town Board of Appeals set 9:30
P.M. (E.S,T.), T~sday, March 16, 1972, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of Bayview Development Corporation, Ba~iew
Road, ~ou~ho~, New Yo~k, fo~ a special exception im accordance
with the Zoning 0~iman~e, Article V, ~eetion 500, Bubsec~ion B-3,
fo~ permission to coms~ruct ~ltiple ~esidence apartments
(per,merit occupancy). ~catien of property: south si~e cf Ba~iew
Rea~, ~held, New .Yc~k, ~eun~e~ neath by Ba~iew Road, east by
Ja~s Bitses, semth ~y Cerey Creek, west by A. & F. Keke.
VOte of the Beard: Ayes:- Messrs: Gillispie, Hulse, Grigonis.
~outhold Town Boa~d ef .~p~eals
-20-
February 17, 1972
Please l~e advised that these minutes were compiled solely
f~om ~he ta~e recorder.
Res~eetfully submitted,
HarJorie NcDermo~g, ~ec~etary
Southold Tow~ Board of A~peals