HomeMy WebLinkAboutZBA-09/07/1972 APPEAL BOARD
MEMBER
Robert W. Gillispi¢, Jr., Ch~kman
Robert B~rg~n
Charles Gri~o~H, Jr.
Serge Doyen, Jr.
Fred H~ls¢, Jr.
MINUTE~
~OUTHOLD TOWN BOARD OF APPEAI~
~eptember 7, 1972
A regular meeting of the ~outhold Town Board of Appeals
was held at 7:30 P.M. (E.~.T.), Thursday, ~eptember 7, 1972,
at the Town Office, Main Road, ~outhold, New York.
There were present: Messrs: Robert W. Gi!lispie, Jr.,
Chairman; Robe~% Bergen, Charles Grigonis, Jr.; Fred Hulse, Jr.
Also present: M~. Howard Terry, Building Inspector.
Absent: M~. ~erge Doyen, Jr.
PUBLIC H~ ING: ~ppeal No. 1652 - 7:30 P.M. (E.~.T.), upon
application of George ~hlers Builder, Inc., 250 Cox Lane, Cmtchogue,
New York, on account of Rev. J. Ag~ia, £o~ a variance in accordance
with the Zoning O~dinance, Article iii, Section 301 and 303, for
permission to build an addition to existing structure with less
than required setback. Location of property: west side of Wells
Road, Peconic, New York, bounded north by ~imon; east by Wells
Road; s~uth by Elms; west by Skwara. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
T~E CN~1~RF~N: Is there anyone present who wishes to speak
for this application?
~. GEORGE AHLER~: I would like to speak in favor of this
application. I am the builder. To enlarge a little on the reasons
set ~orth in the application, the buildings adjacent to this property
on e~ther side are a considerable distance a~ay, and we Wo~ld be
within the Town 0rdimanee as far as setback ~s concerned, i think
it would e~_hanoe the neighborhood as the house would be more in
line with the size of the other homes in the neighborhood.
Southold Town Boa~d of Appeals
-2-
~ptember 7, 1972
THE CHAIRMAN: ~at is the square footage of the house now?
MR. AHLER~: I would say about 20-22~ x 30~.
T~ GHAIRM~N: it is undersized now.
MR. ~HLER~: ~e would add 6' x 12' to enlarge the living room.
THE CHAIRMAN: I did not notice any house within 300 feet to
the north. The only Other house is to the south.
~/. ~A~/LERS: There would not be any noticeable projection
beyond any established line.
THE CHA_IRF~N: The old Ordinance calls for a 35 foot setback;
the new O~dlnance calls for a 50 foot setback in a one acre
dove Iopment.
MR. AHLER~: This is about one half acre,
MR. HOWARD TERRY, Building Inspector: It's less than a
20,000 sq. ft. lot.
MR.. &HLER~: We have an existing 41 feet setback now.
T~ CHAiRM~.~N: Is there anyone else present who wishes to speak
for this application?
(There was no response.)
TEE CHAIRM~: Would you explain why it is not feasible to
add on to the rear of the house.
MR. AHLERS: They need more living space in the living room.
The kitchen and bedrooms are in the rear. They den~t wish to go
into major alterations.
THE OHAIRM~N: Is there anyone present ~no wishes to speak
against this application?
{There was no response.)
After investigation and inspection the Boa~d finds that
applicant requests permission to build an addition to existing
structure with less than requi~ed setback on premises located
on the west side of Wells Road, Peconic, ~New York. The f. indin.gs
of the Beard are that applicant has an under-sized dwe!l~ng which
he proposes to enlarge, and that the only Feasible area to enlarge
it is towards the ~oad. There is no adjacent structure within
300 feet to the north. The adjacent house to the south and
Reverand Agrta~s house both pre,existed the present Zoning Ordinance
and the former Zenir~ Ordinance. The Boa~d agrees with the reason-
ing of the applicant.
~outhold Town Board of Appeals -3-
September 7, 1972
The Board finds that strict application of the Ordinance
w~!d produce practical difficulties or unnecessary hardship; the
hardship created is unique and would not be shared by all proper-
ties alike in the immediate vicinity of this property and in the
same use district; and the variance will not change the character
of the neighborhood, and will observe the spirit of the Ordinance.
On motion by N~. Gi!lispie, seconded by Ih,. Bergen, it was
RE~0LVED George Ahlers Builder, Inc., 250 Cox Lane, Cutchogue,
New York, on account of Reverand J. Agria, be GRANTED permission
to build an addition to existing st~cture with less than required
setback on premises located on the west side of Wells Road, Peconic,
New York, as applied for, subject to condition that:
No pa~t of the house be closer to the road than 35 feet.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hu!se.
PUBLIC HEARING: Appeal No. 1653 - 7:45 P.M. (EoS.T.), upon
application of William Worhle, 426 Mt. Misery Road, Melville, New
York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 301, for permission to build addition to
existing structure with insufficient side yard. Location of
property: south side of Lake Drive, Southold, New York, bounded
north by Lake D~ive; ca.st by Orr; south by Great Pond; west by
V. Oeechini. Fee paid $15.00.
The Chairman opened the hearing by reading the application for
a variance, legal notice of hea_~ing, affidavit attesting to its
publication in the official newspapers, and notice to the applicant.
THE Ct~AIRMAN: Is there anyone present who wishes to speak
for this application?
MR. WILLraM WORHLE: I am I 3/~ feet short on sidelines. I
have 12 feet on one side and ll.13 feet on the other side. i have
81.15 feet in width and a depth of about 250 feet. (Mr. Worhle
discussed sketch and survey with the Board).
· HE CHA1RM~.N: Are there a~v questions?
MRS. ~HIRLE~ BAC~RACH, Lea~ae of Women Voters: Is that lot
on Great Pond? Does it require any excavation of the pond?
MR. WORHIE: TD~ loss runs up and down. No excavation is
reqaired.
THE CHAIRI, I~N: There is no disturbance of wetlands.
~outhold Town Board of Appeals
-4-
~eptember 7, 1972
THE CHAIRMAN: 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 build addition to existim~g
structure with insufficient sideyard on premises located on
the south side of Lake Drive, Southold, New York. The findings
of the Board are that this is an undersized lot with respect to
width, and that it would be an unusual hardship to require strict
adherence to the side yard requirement. The Board agrees with
the reasoning of the applicant.
The Beard finds that strict application 'of the Ordinance
would produce practical difficulties or unnecessary hardshipJ the
hardship created is unique and would not be shared by all properties
alike in the immediate vicihity of this property and in the same
use district; and the variance will not change the character of
the neighborhood, and will observe the spirit of the Ordinance.
On motion by Mr. Grigonis, seconded by ~. Hulse, it was
RESOLVED William Worhle, 426 Mt. Misery Road, Melville,
New York, be GRANTED permission to build addition to existing
structure with insufficient sideyard on premises located on
the south side of Lake Drive, ~outhold, New York, as applied for.
Vote of the Board: Ayes:- ~essrs: Gillispie, Bergen, Grigonis,
Hulse.
PUBLIC HEARING: Appeal No. 1654 - 8:00 P.M. (E.S.T.), ~pon
applicatien of Jean Ellen Dean, 8~00 Main Road, East Marion, New
Tork, as admlnistratrix of the Estate of Elmina Bro;en, deceased,
f~ a va~tamce in accordance with the Zoning Ordinance, Article
III, Section 301 for permission to divide' property with less
than ~equired area and frontage. Location of property: west side
of Bay Avenue, East Marion, New York, bounded north by Karas; east
by Bay Avenue; south by Rose aud others; west by Radford and others.
Fee paid $15.00.
The Chairman opened the hearingby reading the application for
a variance, legal notice of hearing, a~$idavi~attesting to its
publication in the ~ficial newspapers, and notice to the applicant.
THE CHAIRN~N: Is there anyone present who wishes to speak
for this application?
~outhold Town Board of appeals
-5-
September 7, 1972
GEORGE STANR~ICH, E~Q.: i wo~ld like to speak in favor
of the granting of this application. I am an attorney with a
law office in Southold. The application shows the unique size
and shape of this property. If you look at the tax map you
will find similar parcels of land that are divided into m~ch
smaller parcels. The proposed application would not be out of
character with the surroundiDg neighborhood. The tax map, Exhibit
D, shows the unusual nature of this property. I have marked that
in orange. (Mr. ~tankevich discussed the Exhibits with the Board).
Looking at the map, and the surrounding neighborhood, it is useless
as it stands. It ts an unusually shaped piece of land. The house
is on the northeast portion of the lot and is presently under
contract to be sold to Dzeukowski. At the time the estate attempted
to sell this property, they tried to sell as a single parcel but
people were not willing to pay a substantially bigger price as
opposed to buying the house alone. The esSate consulted Dr. Rose
and he indicated he had no interest in either the subdivision of
this land or purchase. The estate made inquiries and one of the
neighbors indicated ~? would bqy that portion on the west end.
Mr. Dean would buy th~s piece (indicating survey) so it would not
be landlocked. N~. Dean has a swimming pool that would back up
on it. This has been spoken for but no contract has been signed.
THE CHA~.I~d~.N: What is the size of this piece?
N~. ~ANKEVICH: That is shown on Exhibit B of the survey.
THE CF~.IRi~AN: The landlocked piece is approximately 37,750
sq. ft.
MR. ~T&NEEVICH: it comes close to the requirements. In law
it's not landlocked but in fact, to make utilization of the land,
it is landlocked. The land owner would suffer terrific substantial
hardship if he had to sell the right of way and destroy one of the
lots.
THE CH~IR¥~N: You are sure there is a p~chaser?
MR. ~T&~KEViCH: Yes. M~. Dean would.add it to his existing
property.
THE CHA~IRM~N: Is there anyone present who wishes to speak
against this application?
MR. GEORGE ~MITH: I wish to speak for m~self and for the
people who own land next to us, Philip .Koch. We have heard so
many ~u~ours. We have both signed covenants that are Just like
saying "we can't do anything". (~s. George ~mith indicated to
the Board the location of their property and the Kochts property).
~. SMITH: We were told there would not be any dividing or
p iggy-bac king.
Southold Town Board of Appeals -6-
~eptember 7, 1972
THE CHAIRMAN: Tour real estate agent could not speak for
others.
MR. STANEEVICH: I think that this shows that in terms of
equity the parcels would be la~ger, certainly not smaller, than
ao~ others on Bay Avenue. It's been offered to people on both
sides and they dontt want to buy. Selling as a parcel w~uld
bring $2,000 or $3,000 more. I think the case is one for an
area variance. I don't think anyone would be hurt and it would
help m~ client.
THE CHAIRM~N: The rule that guides us is the size of
surrounding properties. I believe you have suggested an equitable
division of property. A~e there any other questions?
DR. ARM~ND M. RO~E: Z am not quite clear on this. Is it to
divide this entire parcel into three pieces?
THE CHAIRMAN: The land directly to your north, 75t x 150~,
conforms and is larger than many in the area. The problem as
far as the area is concerned is what will become of the piece
that is landlocked behind it. It apparently wi~t~ go to Mr. Dean.
I, personally, am i~lined to act favorably. PerP~ps we should
have some formal evidence indicating that ~wi~. Dean is going to
purchase itc ~f F~. Dean decides not to purchase it, it would
be a landlocked piece. If he should change his mind, we would be
in the position oF having created this situation and it would
further embarrass the estate.
I~R. STA~NKEVICH: I can get you a letter from F~. Dean.
DR. ROSE: It is true that FLy. D~an offered this property
to me not long after the death ef N~s. Brown. I said I was not
interested iu buying it at that time. Subsequently, in discussing
it with ~i~. Dzenkowski, t stated that we could buy it together
and that this would protect both of us. We made inquiries of
Mr. Dean and he said the property had been sold (the vacant lot).
A friend of mine from Orient had the same answer. I thought
perhaps a contract had been signed.
THE CHAIR}L~N: I don't know if this is relevant to our decision.
MR. BT~ANKEVICH: At the time I made this application for a
variance, we had in our possession a contract for sale on the
northerly lot. I have been told by the atto_~ney handling the
estate that the westerly portion will either be sold or trans-
ferred to Mr. Dean as an estate settlement. There is a relation-
ship there. I was told, verbally, that someone is interested in
buying the vacant parcel. I am sure you can talk to ~. Dean.
MRS. ROBE: He said someone had put money down; someone other
than Mr. Dzer.~kowski.
E~tho!d Town Board of Appeals
-7-
~ptember 7, 1972
THE CHAIRM~N: This division leaves a piece which can be
sold. The only question remaining is whether or not Me. Dean
could obtain permission to construct a house here.
MRS. ~MITH: They call that "piggy-backing".
THE CH&IR~iN: This property, certainly, has rights and if
M~. Dean Furnishes access, there could not be more th~n one
house ~ilt on it. It's approximately 38,000 sq. ft. The new
minimum plot size is 40,000 sq. ft.
DR. ROSE: Zf, subsequently, he should propose to build on
the landlocked piece without access, would this come up before
the Board?
TM~ CH&i~MAN: The Building Inspector would deny it because
it is a little under, the minimum size and it does not have access.
Presumably, he is supposed to give access over his property to
this property. In an area like this, to a~bitrarily set 40,000
sq. Ft. would deprive him of the ~se of his property.
MR. STANEEVICH: He would have to come in for a variance.
THE OH~IR2&AN: I see a shed indicated on the survey and
wo~ld like to know its purpose.
~. ETANEP~YICH: It's an existing tool shed.
THE CH~IRF~N: One condition of granting wo~Id be that this
tool shed be removed and located at least three feet from the
property line.
FA~. RO~E: The landlocked area can't get ~t except by the
swimming pool. Obviously, I would think they would come o~t on
the avenue. If they have the whole thing they can do anything
they want to do.
MR. ~T&~E~EV!CH: They won't have the whole property. The
landlocked piece becomes ~v. Dean's. ~. Dzenkowski would not
own the back piece.
~S. ~HIRLET BACBEACH, League of Women Voters: Does that
require the Health Department to grant a water permit?
THE CH~IEi~;: The Health Department is concerned with
anyone who digs a well. If they built a house they would have
to get permission as to where to put wells and cesspools.
~outhold Town Board of Appeals -8-
September 7, 1972
~. BACPP~ACH: i mean Drier to subdivision.
T~ C~IRM~.N: No.
THE. CHAIRMAN: Does anyone else wish to speak for or against
this application?
(There was no response.)
After investigation and inspection the Bosmd finds that
applicant requests permission to divide property with less than
required area and Frontage on premises located on the west side
of Bay Avenue, East Ma~ion, New York. The Board agrees with
the reasoning presented in the application concerninE the Estate
of Elmina Brown. The findings of the Board are that this is an
equitable division of property particulamly as it applies to Bay
Avenue. Tb~ lots to be created would be equal in size to or
la~ger than other lots on Bay Avenue. The division will be in
three paints. Other findings of the Boa_vd are that the Board
does not wish to create a parcel of land of approximately
38,000 sq. ft. which does not b~ve access to a public highway.
The Bosmd finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship c~eated is unique and would not be shamed by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not change
the character of the neighborhood, and w.tll observe the spirit
of the Ordinance.
On motion by N~. Giilispie, seconded by Mm. Hu!se, it was
RESOLVED Jean Ellen Dean, 8400 Main Road, East t~rion, New
York, as administratrix of the Estate of Elmina Brown, deceased,
be GRANTED permission to divide property with less than required
area and Frontage on premises located on the west side of Bay
&venue, East Marion, New York, as applied for, subject to the
following conditions:
That M~. Raymond C. Dean present to the Board of Appeals a
copy of the agreement between ~. Dean and the ~state of
Elmina B~o~rn concerning landlocked piece of land prior to
this decision becoming Final.
That the tool shed on t~ southeast corner of the lar~locked
parcel be removed and located at least three feet from the
property line.
Vote of the Board: Ayes:- Messrs: Gi!iispie, Bergen, Grigonis,
Hulse.
Bouthold Town Board of Appeals -9-
~eptembe~ ?, 1972
PUBLIC HE~RING: Appeal No. 16%5 - 8:15 P.M. (E.S.T.), upon
application of Eugene McElrOy, Topsail Lane, ~outhold, New York,
for a variance in accordance with the Zoning 0rdinauce, Article III,
Section 300A, 2c, for permission to keep a horse on property with
less th~n required area. Location of property: south side of
Soundview Avenue, Southold, New York, bounded north by S~ndview
Avenue; east by PL~hn; south by Dow; west by Dow. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearim~, affidavit attesting to
its publication in the official newspapers, and notice to the
applicant.
THE CH~!RF~N: The survey by Van TUYl dated January 10, 1972
indicates that the area of the property is 39,500 sq. ft. It is an
irregu~vly shaped parcel.
TR1E C~IRM~: Is there anyone present who wishes to speak for
this appl~cation~
(There was no response.)
MR. HOW~ARD TERRY, Building Inspector: This is a single and
separate lot which has existed for quite a few years. No applica-
tion for buil~no has been filed
THE CH~IRi~N: Is there anyone present who wishes to speak
against this application?
(There was no response.)
On motion by Mr. Gillispie, seconded by Fro. Hulse, it was
RE~OLVED that the ~outhold Towm Board of Appeals postpone
decision on Appeal No. 16%%, Eugene Mc~lroy, Topsail Lane~
~o~thold, New York, pending further investigation.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
P~JBLIC ~ING: Appeal No. 1656 - 8:30 P.M. (E.S.T.), upon
application of Mildred Laubengeiger, Old M~ln Road, Mattituck,
New York, for a special exception in accordance with the Zouir~
Ordinance, Article III, Section 300, SubSection B-14, for
permission to hold a yard s. ale on ~eptember 9, 1972~ rain date
~eptember 16, 1972. Location of property: south side of 01d Main
Road, MattitUck, New York, bounded north by Old Main Road; east
yy ~M. Husing; south by K. Tuth~ll~ west by M. Tekien. _Wee paid
oo.
Eouthold Town Board of Appeals -10- ~eptember 7, 1972
The Chairman opened the hearing by reading the application
fo~ a special exception, legal notice of hearing, affidavit
attesting to its publication in the official new~papers, and
notice to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(There was no response.)
THE CH~.~MAN: 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 hold a yard sale on S~eptember
9, 1972; rain date ~eptember 16, 1972, on premises located
on the so~th side of Old Main Road, Nattit~ck, New York.
The Board finds that the public convenience and welfare and
Justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will not
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
On motion by ~. Bergen, seconded by M~. Hulse, it was
R~OLVED Mildred Laubengeiger, Old Main Road, Mattituck,
New York, be GRANTED ~rmission to hold a yard sale on Eeptember
9, 1972; rain date ~eptember 16, 1972, on premises located on the
south side of Old Main Road, Mattituck, New York, as applied for,
subject to conditions of Resolution of the Southold Town Board
of Appeals dated June 1%, 1972, as follows:
e
Permission is for a one day yard sale to be held on
a speelfic date, with a specific rain date.
Permission is for the sale of household and personal
property of the owher and his family' and may not include
property of others unless it is for a charitable purpose.
Vote of the Board:
Hulse.
Applicant must provide someone to supervise pemking at
the yard sale to prevent blocking neighbors! driveways.
~yes:- Messrs: Gillispie, Bergen, Grigonis,
Southold Town Board of Appeals -11- ~eptember 7, 1972
REHF~ING: 8:45 P.M. (E.~.T.), on application for Special
Exception #1217 by Clifford and Edwina Tyler to operate a travel
trailer park or camp at North Side School Street, Cutchogue,
New York. Premises bounded north by Leisure Greens, Inc.; east
by Eurczewski and others; south by School gtreet; west by Town
of ~outhold and others.
(The Chairman read the Action of the Board on the original
appeal dated December 5, 1968. The appeal was granted for a
period of two years.)
THE CHAIRF~N: Is there anyone present who wishes to speak
for this application?
~R. CLIPFORD TYLER: i don't know whether you have had any
complaints against m~ park so ! am back to get a renewal.
THE CH~IP~L~N: We looked at your pa~k today, and found it
looked very good.
MR. T~IER: Why do t have to ask for another renewal?
THY CHAIRMAN: We have an obligation to keep track of
conditions at the park but Itm not sure that we do have to ask
for a renewal.
MR. HOWARD TERRY, Building Inspector: The court only ordered
one review.
THE C~IRMAN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and inspection the Bosmd finds that
applicant requests permission to operate a travel trailer park
or ca~p at NO~th Side School Etreet,Cutchogue, Ne~ York. The
findings of the Board are that applicant has maintained a well-
run trailer camp area as set forth in his original application,
and there have been no complaints. The Board also finds that
the Town Board orthe Board of Appeals can rescind permission to
operate For cause. The Board agrees with the reasoning of the
applicant.
The Board finds that the public convenience and welfare and
Justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts Will not
be permanently o~ substantially injured and the spirit of the
Ordinance will be observed.
Bouthold T~n Board of Appeals
-12-
September 7, 1972
On motion by F~. Gitlispie, seconded by Mr. Grigonis, it was
RE~OL~ZED Clifford and Edwina Tyler, North ~ide School Street,
Cutchogue, New York, be GRANT~Dpermlssion to operate a travel
trailer pa~k or camp at North Eide School ~treet, Cutchogue,
New York, as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonls,
Hulse.
9:00 P.M. - !nform~l conference with Irving L. Price, Esq.
re. conditions of Action of the Board on Appeal No. 1623, Alan
Cotgreave, Huckleberry Hill, East Marion, New York.
MR. PRICE: I represent Pzm. Tony ~carmetto. He has contracted
to purchase subject to clarification or change in conditions under
which the variance was granted. ~. and Mrs. Bcarmetto came out
from the city to buy property and were shown thisproperty by a
real estate broker and fell in love with the view. When they
consulted me as to the conditions of the variance it became apparent
that under the present conditions, unless their plans were approved,
it was not suitable. That was the reason for m~ letter asking for
a conference. They would like to use the large house, which has
approximately 1200 sq. ft., as their year round residence.
THE CHAIRMAN: Do they propose to buy the whole thing?
MR. PRICE: The total area the ~ew purchaser will buy is
approximately 3/4 acre. They would like to use the large house
as a year round residence. As to the two small cottages whose use
is restricted to eight months of the year, they would li~e~ to be
able to improve those and use them as guest houses for the other
four months of the year.
THE CH~IRM~N: Our purpose in restricting was because of the
increased density which would occur if these structures were
changed into year round residences. We have constant problems
with summer cottages being turned into year round residences. The
purpose was to prevent these two cottages from becoming year round
residences which would, in effect, be three residences on one ac~e.
MR. ANTHONY ~CARMETTO: We like this property. The title has
no restrictions. We are basically only looking for a residence of
our own. We don't particularly want to rent these two s~mmer
cottages to anyone. If they are empty in the summer we might rent
them but if m~ mother wanted to come out we would like to have a
place for her to stay without having to pay. anything. I am not
looking for year round rental. I really don~t want to rent these
at all. I would like to have them as guest houses so I could
invite family out for Christmas. If I wanted to open one of the
cottages up, I don't think that would be a big problem.
~o~thold Town Board of Appeals -13-
~eptember 7, 1972
THE CH&IRN~N: I think it would serve the area for you to
utilize the large house and continue these cottages as summer
rentals for eight months of the yea~. If you talk about using
these cottages for a holiday, the next step might be year round.
MR. ~CARMETTO: I am not interested in using them as a
business. I would just like to use them a few days at a time
for gaests.
THE CHAIRMAN: ~r Job is to protect the character of the
neighborhood. We would not want to intensify the use of the
small cottages.
MR. ~C~A~METT0: I am only ta~ing about a couple of days~
use of the cottages once in a while.
THE CH~IR~L~N: ~nate. ver is done here applies to the next
person who might own it ~f you should sell it. Zoning relates to
the use of the land.
MR. PRICE: Could he use the cottages as accessory use
during those four months, accessory to the main year round house.~
We would be satisfied if they could use the cottages occasionally
for guests on a non-rental basis during the other four months
of the year.
TEE CPL~IRMAN: No doubt the cottages would be vacant in
the ~pring. We could modify the restrictions to permit one
week of use per month for the ether four months. Our position
would be, whether you rent them or call them accessory use, the
two small cottages may not be used more than one week in the
other four months of the year. You can make out an application
to modify the previous appeal.
N~. William M. Rapp, Factory Avenue, Mattituck, New York,
discussed with the Board the Action of the ~outhold Town Board of
Appeals dated June 15, 1972, Appeal No. 1551, re. signs on
premises (two signs on one pol~).
Afte~ investigation and inspection the Beard finds that for
reasons of safety the conditions set forthin the Action of the
Boa~d of Appeals dated June 15, 1972, Appeal No. 1551, shall be
modified so that the l~er edge of the sign shall be at least
eight feet above the ground to permit cars to d~ive under the
sign; the upper edge shall be 19.6 feet above the g~ound; and the
sign shall be located 5 feet from any property line. The Board
finds that the over-ail surface of the signs does not exceed
81 sq. ft.
Southold Town Board of Appeals
~eptember 7, 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 and adjoining use districts will
not be permanently or substantially injured and the spirit of
the Ordinance will be observed.
On motion by Mr. Gi!lispie, seconded by Mr. Hulse, it was
RESOLVED that the ~oUthold Town Bo~d of ~ppeals amend Action
dated June 15' 1972, Appeal No. 1551, William M. Rapp, Factory
Avenue, Mattltuck, New York, to read as follows:
lo L~er edge of sign shall be at least 8 feet above the
2. Upper edge of sign shall be 19.6 feet above the ground.
3. Sign shall be located at least 5 feet from any prope~y
line.
The over-all surface of signs shall not exceed 81 sq. ft.
Vote of the Board: ~yes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
Decision of the Board on Appeal No. 1641, upon application
of Thomas Samnels, Fishermants Beach Road, Cutchogue, New York,
for a variance in accordance with th~ Zoning Ordinance, Article
III, Section 300, ~ubsection C-2 and Section 302, for permission
to construct an accessory building in the front yard area.
Location of property: Lot ~3, Map ~86, Peconio Bay P~operties,
Inc., south side Private Road and northwest side Nassau Point,
Cutchogue, New York. (A public hea~ing was held on August 24, 1972).
After investigation and ibspection the Boa~d finds that
applicant requests permission to construct an accessory building in
the front yard area of Lot #3, ~lap #786, Pecenie Bay Properties,
Inc., Cutchogue, New York. Decision on the public hearing held
on August 24, 1972 was postponed until applicant furnished a
survey. The Boa~d finds that applicant has furnished a survey
and after inspection of the survey agrees with the reasoning of
the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the h~vdship created is unique and would not be shared by al!
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will not change the
chs~acter of the neighborhood, and will observe the spirit of
the 0~dinance.
~outhold To~n Boa~.~d of Appeals
Eeptember 7, 1972
On motion by M~. Gillispie, seconded by F~. Hulse, it was
RESOLVED Tho~s Samuels, Fishermans Beach Road, Cutchogme,
New York, be GR~NTED permission, as applied for, to construct an
accessory building in the front yard area of Lo~ #3, F~p #786,
Peconic Bay P~operties, Inc., south side Private Road and north-
west side Nassau Point, Cutchogue, New York.
Vote of the Board: ~yes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
On motion by ¥2. Gil!ispie, seconded by M~. Bergen, it was
RE~0LVE1~ that the Southold Towu~ Boated o£ Appeals set Tuesday,
September 12, 1972, at l:00 P.N. (E. SoT.) for a Special Meeting
to be held at the Town Office, ¥~in Road, Southold, New York.
Vote of the Board: ~ves:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
On motion by Mr. Bergen, seconded by Mr. Grigonis, it was
R~OLVED that the next regular meeting of the ~outhold Town
Board of Appeals will be held at 7:30 P.M., T~hursday, September
28, 1972, at the Town Office, Matu Road, So~thold, New Tork.
Vote o£ the Board: Ayes:- Messrs: Giiiispie, Bergen, Grigonis,
Hulse.
On motion by ~i~. Gillispie, seconded by ~. Hulse, it was
RESOLVED that the minutes of the Southold Town Boa_~d of Appeals
dated August 24, 1972, be approved as submitted, subject to minor
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
0n motion by Mr. Gi!lispie, seconded by M~. Bergen, it was
RESOLVED that the minutes of the Southold Town Board o£ Appeals
dated August 31, 1972, be approved as submitted, subject to minor
correction.
Vote ~f£the Board: ~yes:- Messrs: Gil!ispie, Bergen, Grigonis,
Hulse.
~o~tho!d Town Board of Appeals
-16-
~eptember 7, 1972
On motion by Mm. Bergenj seconded by N~. Gillispie, it was
RE~OL~ that the $outho!d Town Board of Appeals set 7:30
P.M. (EoE.T.), Thursday, ~eptember 28, 1972, at the Town Office,
Main Road, ~outho!d, New York, as the time and place of hearing
upon application of George and Rose &nderer, 306% Middle Ro.ad
(CR27), Mattltuck, New York, for a variance in accordance w~th
~rticle II!, ~ection301 of the Zoning Ordinance, for permission
to set off a lot with less than required area. Location of
property: N/S Middle Road, Mattituc~ New Tork, bounded un, th
by G. Bradley; east by J. Haas; south by Middle Road; west by J.
~chlierhols.
Vote of the
Hulse o
~A~es:- Messr~s~ Gi!lispie, Bergen, Grzgo~s,
On motion by Fa. Gillispie, seconded by Fmc Hutse, it Wa.S
RESOLVED that the ~outho~d Town Board of Anneals set '~':'4'~
P.M. (E.~.T.), Thursday, Beptember 28, .1972~ at the Town Office,
Main Road, .~outhold, New York, as the time ahd place of hearing
upon application of &lbert BOdenstein, Indian Neck Lane~, Peconic,
New York, for a variance in aocord~nc~ wi~h &rticle !II, Section
302 of the Zoning 0rdinancej for permission to erect an accessory
building in front yard area. Location of property: N/~ Indian Neck
Lane, Peconic, New Yor$, bounded north by Richmond Creek; east by
Woloszk~ south by Indian Neck Lane (Rd); west by J. ~hipman.
Vote of the Board:
Hulse.
.Aves:- Messrs: Gillispie, Bergen, Grigonis,
On motion by Mr. Hulse, seconde~dby Nr~Grigonis, it was
REb~OL~ tha~ the South01d To~~ Bosmd of Appeals set 8:00
ptemb at the
N~in Road, ~Outhold, NeW York, as the. ~'i~ and place of hearing
upon application of Frederick Bruce.,~_~.nDe~eta Road, Nassau. Point,
Cutchogue, New York, for a variance in ~=oc~dance with Article III,
~ection 302 of the Zoning Ordinance for permission to erect an
accessory ~ilding in front yard area. Location of property:
%~/~ W~nnewetta Road, Lot 227, Map of Nassau Poin$ Properties,
Cutchogue, New York.
Vote of the Board: Ayes:- Messrs:~' Gillispie, Bergen,'G~igonis,
Hu!se.
Southold Town Board of Appeals -17- September 7, 1972
On motion by Mr. Grigonis, seconded by Mr. Bergen, it was
RESOLVED that the ~outhold Town Boa~d of Appeals set 8:15
P.M.~ (E.~.T.), Thursday, September 28, 1972, at the Town Office,
Main Road, ~outhold, New York, as the time and place of hea~ing
upon application of Marcelle Walsh and Another, Horton's Point,
~outhold, New York, for a special exception in accordance with
Article III, ~ection 300, Subsection B-!4,.for permission to
hold a yard sale on SePtember 30, ig?2;~in date October l, 1972
on premises located east and north side of Private Road (Hyatt Rd.)
bounded north by R. Hyatt; east by R. Hyatt; south by Private Road;
west by R. Hyatt, Hortonts Point, Squ.~01d., New York.
Vote of the Boa~d:
Hulse.
~A~ves:- Mes~r~s.: Givllispie, Bergen,~ Grig~nis,
On motion by ~. Bergen, seconded bY ¥~v. Hulse, it was
RESOLVED that the ~outhold TownBoard of Appeals set 8:20
P.M. (E.~.T.), ~'hursday, ~eptember 2~ 'i~972, at the T~n 0ff~ce,
Main Road, ~Outhold, New York, as the time and place of hearing
upon application of Nicholas ~awha, 9 Acorn Avenue, Farmingville,
New York, for a variance in accordance with Article ~I!, Section
301 & 303 of the Zoning Ordinance for~pe~ission to reduce estab-
lished setback. Location of property. ~/S~ Reeve Road and
SOund View Avenue, Mattitnck, New York, Lot #6, Map of Sa!faire
Estates.
Vote of the Board:
Hulse.
Ajes:- Messrs: Gillispie, Bergen, Grigonls,
On motion by i~. Gillispie, seconded by~ ~. Grtgonis, it was
RESOLVED that the Southold Tow~Board Of Appeals set 8:3%
P.M. (E.~.T.), Thursday, September 2~~, !~72, at the Town Office,
Main Road, Southold, New York, as the time and place of hearing
upon application of ~ny ~carmato,.~.~.~!West 46 S~treet, N~w~ York,
N. Y., for a variance and modification of previous action of Board
of Appeals in accordance with Article ~I, ~ection 301, of the
Zoning 0r~inanee. Lo~ation of Property~ Private ROad (Huckelberry
Hill Road~ off west side of Bay &venue, East Marioh~ New York,
bounded north by Wenk & Baltz; east by F. Mandate; south by
Ga~dtners Bay; west by F. LoBar.
Vote of the Board: Ayes:- Msss~s~llispie, Bergen~.~r~igonis,
Hulse.
Southold Town Board of &ppeals -18- September 7, 1972
On motion by I~r. GrigoniS, seconded by F~. Gill!spic, it was
RESOLVED that the Southold Town Board of Appeals set 8:50
P.M. (E.~.T.), Thursday, ~eptember 28, 1972, at the Town Office,
Main Road, Southold, New York~ as the time and place of hearing
upon application of Leslie Alger, 9% Vernon Street, Warren, R.I.,
for a variance in accordance with Article III, ~ection 301, and
Article III, Section 1000A of the zoning~.~O~dinance, for permission.
to set off lot with less than requir~d'~k. Location of property.
Private Road of E/B Main Road, Mattituck, New York, bounded north by
Bencher Estate; east by Private Road # 9; south by L. Lindsay; west
by Kander and others.
Vote of the Board:
Ealse.
Ayes:- F~s.s~:~G.~i~!lispie, Bergen, Grigonis,
On motion~by M~. Gil!ispie, secoDded by N~. Bergen, it was
RE~0LVED that the ~outhotd Town" ~01~rd/of Appeals set 9:10 '
PoM. (E.~.T.), Thursday, ~eptSmber 28, i~9?2, at the Town Off.ice,
Main Road, ~outhold, New Tork~ as the time and place of hearing
upon application of Beach combew Motel, Box 917, Depot Lane-
Cutchogue, Ne'W'~Y0rk, for a sp~c~al ex~e'~ti~n to erect and m~i~in
off premises directional sign!at corner of Depot Lane (Duck Pond
Road) and Vista Place, Cutchogue, New Tork, on p~emises of
Nicholas Aleano, Lot No. ll, Map of Vista Bluff.
Vote of thee Boa~d: Ayes:-Mess?~:.~.~G~ltispie, Bergen, Grigonis,
Hulse.
On motion byN~. Bergen, seconde.~'b~ Fm. Grigonis, it was
New York, for a variance in a~cordance ~ith Article VII, ~ection 701,
and Article XI, ~ection ll01 9f the Zoning Ordinance for permission
to reduce parking requirements in exis. ting business building a~d park-
ing lot. Location of property: Main ~treet & Youngs Avenue, Bouthold,
New York, bounded north by Main Road; east by G. Edson; south by
Latson and others; west by Youngs ~. ........
Vote of the Board:
Hulse.
Ayes:- Messrs:~G~illispie, Bergen, Grigonis,
~outhold Town Board of Appeals -19- September 7, 1972
On motion by Mr. Hnlse, seconded by N~. Gillispie, it was
RE~OLVED that the Southold Town Board of Appeals set 9:40
P.M. (E.S.T.), Thursday, ~eptember 28, 1972, at the Town Office,
Main Road, $outhold, NeW York, as the time and place of hearing
upon application of Cassio Re~ton, 9th ~treet, Greenport, New York,
for a special exception in accordance with Article III, ~ection 300,
~bsection B-!4, for permission to hold a yard sale on October 7,
1972 at "Cherry Lane Farm". Location of property: W/S 9th ~treet~
Greenport, New Yo~k, bounded north by L.I.R.R.; east by 9th ~tree~;
south by Peconic Bay; west by T. Jurzenia.
Vote of the Board:
Hulse.
Ayes:-Messrs: Gi!lispie, Bergen, Grigonis,
On motion by Mr. Grigonis, seconded by F~. Bergen, it was
RE~0LVED that the ~outhold Town Board of &ppeals set 9:50
P.M. (E.~.T.), Thursday, ~eptember 28, 1972, at the Town 0f£1ce,
Main Road, Bouthold, New York, as the time and place of hearing
upon application of Estate of Ruth Case, Yardley, Pa. for a variance
in accordance with ~rticle ~I, ~ection 301 of the Zo~zng Ordinance
to sera. off lot With less than required frontage and area. Location
of property: N/E New ~uffolk ~venue, Cutchogue, New York, bounded
north by Case Road; east by Meadow Lane; south by New ~uffolk Avenue~
west by T. ghalvey and others.
Vote of the Boa~d:
Hu!se.
Aye ~- Messrs: Gillispie, Bergen, Grigonis,
On motion by Mr. Bergen, seconded ~ F~. Gillispie, it was
RESOLVED tha~ the ~outho!d ToWn~Boa~ of ~ppea!s set 10:00
P.M. (E.~.T.), Thursday, Eeptembe~ ~8"i~7~ at 'the Town Office,
M~in Road, Bouthold, New York, as the time and place of hearing
upon application of Adrienne &~rio~!R._$~e ~maoley for ~_special
exception in accordance with ~rticle I~I., ~ectton 300, ~bsection
B~I~, for permission to hold a y~ sale on September~0, 1972;
rain date 0ctobe~ l, 1972, on pre~zses of &urichio, N/~ North Road
~CR27) ~outho!d, New York. Location 0f p~oper~: ~/S No~th Romd,
bounded north by D. Aurichlo; e~st by J. Levin$ southby North Road
(CR27); west by D. T. &urichio. ~_
Vote o£ the Board:
Hulse.
Ayes:= Messrs: Gittispie, Bergen, Grigonis,
Southold Town Board of Appeals -20-
September 7, 1972
On motion by Ne. Gilllspie, seconded by N-~. Hulse, it was
R~OLVED t~t the Eouthold Town Bo~wd oF &ppeals set 10:10
P.M. (~.S.T.), Thursday, ~eptember 28, 1972, at the Town Board,
Main Road, $o~thold, New Yo~k, as the time and place of he,lng
upon application oF Beach Comber Motel, (Pond Enterprises, Inc.),
Box 917, ~pot Lane, Cutchogue, New York, for a special exception
in accordance with Article VI, ~ection 600, Subsection C-a fo~
permission to e~eot ~second~ on pPe~S~S' 'S~gn (~ound sign).
Location of p~ope~ty: E/E Depot Lane (Duck Pond Road), Cutcho~e,
New To~k, bounded neath by L. I~ ~ound; east ~y M. NcOabe; south
by McCabe; west by Depot Lane (Duck Pond Road~.
Vote o~ the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis,
Hulse.
The Meeting was adjourned at 10:~0 P.M.
Respectfully submitted,
~Jorf~~ McDermott, Secretary
S~U'~H&~d Town Board o£ Appeals